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, SEPTEMBER 22, 2004 No. 115 House of Representatives The House met at 10 a.m. I pledge allegiance to the Flag of the In 1994, the Dow Jones industrial av- The Reverend Austin DeLoach, Jr., United States of America, and to the Repub- erage was at 3,834. Today, it is 10,453. Pastor, Southside Baptist Church, lic for which it stands, one nation under God, Homeownership was at 64 percent. Lakeland, Georgia, offered the fol- indivisible, with liberty and justice for all. Today it is a record high of 69.2. Vio- lowing prayer: f lent crime is down. Interest rates are Heavenly Father, I come to You MESSAGE FROM THE SENATE down from 8.5 to 4.42. thankful for this great country that Charitable giving among Americans A message from the Senate by Mr. is at its highest, from $150.7 billion in You have blessed us to live in. Monahan, one of its clerks, announced Please keep us ever mindful that 1996 to over $241 billion now. Bank- that the Senate has passed with an freedom only comes with a price and ruptcy rates are down from 17.9 to 2.8. amendment in which the concurrence Per capita incomes are growing. Pov- cannot be sustained without responsi- of the House is requested, a bill of the erty is shrinking. African Americans bility. House of the following title: Give our Nation wisdom to under- living in poverty are decreasing and H.R. 4837. An act making appropriations stand that liberty must be protected in for military construction, family housing, their homeownership is at record part by laws that are grounded in Your and base realignment and closure for the De- highs. Unemployment is down from 6 truth. partment of Defense for the fiscal year end- to 5.4. I come humbly before You today asking September 30, 2005, and for other pur- These may be dry statistics to some, ing You to give this body, the Congress poses. but they are progress to many Ameri- of the United States, wisdom and guid- The message also announced that the cans, thanks to the direction we have ance as they fulfill their call to serve Senate insists upon its amendment to taken this country and this Congress. others through public office. the bill (H.R. 4837) ‘‘An Act making ap- Yes, America is safer, and I thank the According to Your Word, as written propriations for military construction, President for standing steadfast in Romans 13:1, You, Lord, have or- family housing, and base realignment against terrorism, against tyranny. dained government and chosen to work and closure for the Department of De- f through those who serve. So I lift up fense for the fiscal year ending Sep- DEMOCRATIC PARTNERSHIP WITH every man and woman of this Congress tember 30, 2005, and for other pur- THE AMERICAN PEOPLE to You. Bless their families and the poses,’’ requests a conference with the people they represent, that these House on the disagreeing votes of the (Mr. PALLONE asked and was given United States may serve Your purpose two Houses thereon, and appoints Mrs. permission to address the House for 1 in this world, as the book of Esther HUTCHISON, Mr. BURNS, Mr. CRAIG, Mr. minute.) says, for such a time as this. DEWINE, Mr. BROWNBACK, Mr. STEVENS, Mr. PALLONE. Mr. Speaker, today I thank You for hearing this prayer Mrs. FEINSTEIN, Mr. INOUYE, Mr. JOHN- House Democrats will announce a new and I ask it in Jesus’ name. SON, Ms. LANDRIEU, and Mr. BYRD, to be partnership with the American people, Amen. the conferees on the part of the Senate. a partnership that would strengthen six of our Nation’s most important f The message also announced that the Senate has passed a bill of the fol- core values. We will put Americans THE JOURNAL lowing title in which the concurrence back to work, make health care more The SPEAKER. The Chair has exam- of the House is requested: affordable, hold polluters responsible ined the Journal of the last day’s pro- S. 2279. An act to amend title 46, United for the contamination they cause, give ceedings and announces to the House States Code, with respect to maritime trans- our children the education and develop- his approval thereof. portation security, and for other purposes. ment tools they need to have a positive Pursuant to clause 1, rule I, the Jour- f future, and restore fiscal responsibility nal stands approved. here in Washington. FULFILLING AMERICA’S PROMISE f Democrats’ new partnership is nec- (Mr. FOLEY asked and was given per- essary today because a large majority PLEDGE OF ALLEGIANCE mission to address the House for 1 of Americans have lost faith in Con- The SPEAKER. Will the gentleman minute and to revise and extend his re- gress. Over the past decade, Repub- from Florida (Mr. FOLEY) come forward marks.) licans have controlled the people’s and lead the House in the Pledge of Al- Mr. FOLEY. Mr. Speaker, this year House and have often strayed from legiance. we celebrate our 10th anniversary as these core American values. Mr. FOLEY led the Pledge of Alle- the governing party of this great My Democratic colleagues and I have giance as follows: Chamber. been fighting for these causes for many

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 Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.000 H22PT1 H7332 CONGRESSIONAL RECORD — HOUSE September 22, 2004 years, but this is the first time we are A decade ago, the GOP promised to expectations of what this great coun- unveiling a partnership with the Amer- help seniors. Instead, the GOP sent try of ours can be. ican people, a promise, if you will, that plastic cards to senior citizens and big As the undisputed superpower of the if the American people put their trust profits to drug companies. Some con- world and the richest nation in the his- in us and elect a Democratic majority tract. tory of the planet, our opportunity to in November, we will work with them When it comes to the American peo- be a force to advance humankind in all as partners to make their lives and our ple, the GOP, like the President, have respects is without limit and, one after government better. been AWOL. The contract is null and another, this Nation has squandered f void. It is time for a new partnership. those opportunities, leaving more Come January, we will stand and say, Americans in poverty and without TEN-YEAR ANNIVERSARY OF THE Madam Speaker, as the gentlewoman health insurance, breathing dirtier air, GOP HOUSE MAJORITY from California (Ms. PELOSI) becomes fewer with a chance of college, 1,027 (Mr. BLUNT asked and was given the first woman Speaker of the House. dead in a war that has made the United permission to address the House for 1 The time is now and it is long over- States reviled around the world. minute.) due. It is only 40 days away. The Democrats are offering today a Mr. BLUNT. Mr. Speaker, Americans different vision, inviting all Americans like the partnership they have. Repub- f to partner with us and each other in an licans have trusted the ingenuity of ANNOUNCEMENT BY THE SPEAKER America built on our shared values of the American people to expand oppor- PRO TEMPORE prosperity, opportunity and fairness tunity for themselves and their fami- for all, national security, account- The SPEAKER pro tempore (Mr. SIM- lies. ability and community. For 10 years, the Republican major- MONS). Members are admonished to re- Together, we can fulfill the great ity has worked to expand the power of frain from improper references to the promise and the great hope that is the the American people over the power of President. United States of America. the American government. f f We believe in letting people keep TEN YEARS OF A REPUBLICAN WELCOMING DAVE AND KELLY more of their hard-earned money so HOUSE KEIM OF BERNE, INDIANA that they are better able to provide for their families and invest in their own (Ms. PRYCE of Ohio asked and was (Mr. PENCE asked and was given per- futures. given permission to address the House mission to address the House for 1 We trust small business owners to for 1 minute and to revise and extend minute and to revise and extend his re- create jobs and grow the economy bet- her remarks.) marks.) ter than government programs can. Ms. PRYCE of Ohio. Mr. Speaker, in Mr. PENCE. Mr. Speaker, I rise this We understand that school teachers the past 10 years, the Republican ma- morning to welcome Dave and Kelly and parents in Springfield, Missouri, jority in this House has created a Keim of Berne, Indiana, to our Nation’s and other places across this Nation stronger, safer and more prosperous capital. They are in town today to know what is best for students, not bu- Nation and we celebrate that today. At stand with many others in this build- reaucrats in Washington. the heart of that prosperity stand our ing to oppose embryonic stem cell re- We know that excessive government Nation’s small businesses. search. regulations never created a single job Under our Republican-led House, the Why would people come from Berne, for an American worker. number of small businesses has ex- Indiana? The answer can be found in House Republicans believe individ- ploded, most notably female-owned their 18-month-old twins, Caroline and uals make better decisions than gov- companies. From 1992 to 1997, women- Spencer, who are a daily and profound ernment, and when Americans are owned firms increased by 16 percent, reminder that embryonic adoption given freedom to exercise personal re- accounting for a quarter of all small should be preferred in the law always sponsibility to provide for their fu- businesses. Today, nearly 40 percent of over destroying human embryos for tures, they have a greater stake in se- all small businesses are owned by stem cell research. curing that future. women, a number that is increasing at Mr. Speaker, Caroline and Spencer After 10 years, that future is bright. double the rate of all U.S. companies. Keim are fully human today, just as As a majority, we have accomplished By cutting red tape and providing tax they were 18 short months ago when so much, but there is still so much relief and regulatory reform, House Re- they were in the frozen embryonic more to do. In many ways, we have publicans have made it possible for stage of their development. They stand only just begun to make the impact Americans, women especially, to be- as a living testament to the truth that our Nation needs. come independent entrepreneurs. Less it would have been morally wrong to Although priorities have changed, time tangled up in red tape and buried destroy their embryonic lives, even for our principles do not, as we move for- in paperwork means more time at well-intentioned medical research. ward into a second decade. home with their children, the ability to Ronald Reagan said it wisely in the f hire more workers, even the possibility year 1984, ‘‘We cannot diminish the of opening another store or factory. value of one category of human life, REPUBLICAN PARTY IN BREACH the unborn, without diminishing the OF CONTRACT Mr. Speaker, the Republican majority understands the tremendous poten- value of all human life.’’ (Mr. MCDERMOTT asked and was Mr. Speaker, I welcome Dave and tial of the American entrepreneur. I given permission to address the House Kelly Keim and their two beautiful look forward to the next 10 years, see- for 1 minute and to revise and extend twins, Caroline and Spencer, to Wash- ing American dreams become realities his remarks.) ington today, and I thank them for in our communities across this coun- Mr. MCDERMOTT. Mr. Speaker, it is their courageous stand for life in this try. time to declare the Republican Party critical issue of embryonic stem cell in breach of contract. f research. A decade ago, the GOP promised the f American people they would balance DEMOCRATS OFFER A DIFFERENT the budget. Instead, they have engi- VISION DEMOCRATS UNVEIL NEW PART- neered the largest deficit in history. (Ms. SCHAKOWSKY asked and was NERSHIP FOR AMERICA’S FU- A decade ago, the GOP promised given permission to address the House TURE Americans a fair shake. Instead, aver- for 1 minute.) (Mr. BROWN of Ohio asked and was age Americans have seen their incomes Ms. SCHAKOWSKY. Mr. Speaker, given permission to address the House shrink, their jobs evaporate, Social Se- perhaps the greatest disservice that for 1 minute and to revise and extend curity threatened, and health care be- the Bush administration and the Re- his remarks.) yond the reach of 45 million Ameri- publican leadership have inflicted upon Mr. BROWN of Ohio. Mr. Speaker, re- cans. the American people is the lowering of cently the President of the United

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.002 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7333 States announced a record increase, misled. There are no weapons of mass self-sufficiency and has shortened the 17.4 percent, in the premiums that destruction. But our young men and welfare lines. But there are still fami- Medicare beneficiaries will be forced to women are dying every day. lies on welfare who want to get off, so pay, a record not matched in the 38- At the same time, we are spending $1 there is more work to be done. Only year history of Medicare. Why this in- billion per week on this war. We are Republicans are committed to doing crease? Because of the President’s pre- spending $1 billion a week, but we have this. scription drug bill, a drug bill written 44 million Americans without health Since 1994, unemployment rates are by the insurance industry, written by insurance. We have rising poverty. We lower. Median household income is the drug industry. have men and women who work every higher. A greater percentage of Ameri- day but cannot afford to pay rent. Yet cans are graduating from college. b 1015 this administration is cutting the sec- Home ownership rates are higher. And Twenty-three billion dollars in direct tion 8 program that would support fam- the violent crime rate has decreased. subsidies go from the pockets of sen- ilies in their ability to have a house. Mr. Speaker, the numbers prove that iors, with their premium increase, into What are we doing in education? Far American families are better off, much the coffers of the insurance companies, too many dropouts, not only in our better off with Republicans making the $180 billion dollars extra profits for the inner cities but in our rural areas. This laws. already record profitable drug compa- President says, leave no child behind, f nies. but it is empty rhetoric. He is not put- GOP 10–YEAR ANNIVERSARY And this has happened over and over ting his dollars where his mouth is. on the House floor: middle of the night f (Ms. GINNY BROWN-WAITE of Flor- votes, literally a bribe offered on the ida asked and was given permission to House floor during the passage of Medi- RECOGNIZING 10 YEARS OF RE- address the House for 1 minute and to care. That is why Democrats are un- PUBLICAN MAJORITY IN U.S. revise and extend her remarks.) veiling today the New Partnership for HOUSE Ms. GINNY BROWN-WAITE of Flor- America’s Future to take our country (Mrs. BLACKBURN asked and was ida. Mr. Speaker, Americans celebrate in a new direction, to take our country given permission to address the House the 10-year anniversary of Republican in a better direction. for 1 minute and to revise and extend majority in this House of Representa- f her remarks.) tives. Let us remember that it was Mrs. BLACKBURN. Mr. Speaker, sev- President Reagan’s emphasis on secu- JOE LOCKHART SHOULD LEAVE eral of us are coming to the well this rity that provided the legacy that we THE KERRY CAMPAIGN morning to celebrate the decade since now use as the starting point for the (Mr. PITTS asked and was given per- those revolutionary, visionary Repub- Grand Old Party. mission to address the House for 1 licans gained a majority in this House If Congress does not see to it that minute and to revise and extend his re- and helped put America back on the every American is safe, does anything marks.) right track. else matter? Republicans answered this Mr. PITTS. Mr. Speaker, CBS has Today, Americans are paying lower question by strengthening our mili- publicly apologized for airing the story taxes. We have a stronger, more well- tary, equipping our troops, confronting on President Bush’s National Guard trained military, and we fight every terrorists on their turf and taking care service which relied on fraudulent doc- day to decrease regulation and to get of our veterans when they return home. uments. The fallout from this story at the heart of waste, fraud and abuse From the fall of the Iron Curtain and will be felt for a long time. CBS has in our government. None of this, not the demise of communism to the lib- discredited itself as a news organiza- any of it, would have happened without eration of Iraq and Afghanistan, Re- tion. those passionate patriotic Republicans. publicans have driven policy that has Some were surprised to learn that We understand that small businesses transformed unsafe nations while pro- the man who produced those forged are what fuel this economy, so we have tecting our own. documents, Bill Burkett, was in con- worked to help create and expand jobs. Republicans recognize that we do not tact with the Kerry campaign. A series We have created health savings ac- need to seek a permission slip to defend of e-mails has surfaced showing that counts, which give Americans more our Nation and that nothing is more Burkett spoke with Max Cleland, an control over their health care dollars, important than a safe, secure America. adviser to JOHN KERRY’s presidential greater choices. f campaign about assisting the Demo- Our historic tax relief has helped HOUSE REPUBLICANS: A PROUD crats with a counter attack on Bush. push America out of recession and AND POSITIVE 10-YEAR RECORD Also, a senior adviser to KERRY, Joe helped to protect the American Dream OF ACHIEVEMENT Lockhart, said that on the advice of for future generations. Republicans CBS producer Mary Mapes, he spoke know that government does not create (Mr. WILSON of South Carolina with Burkett about Vietnam and the jobs; small business does. And we cele- asked and was given permission to ad- Presidential campaign shortly before brate 10 years of success. dress the House for 1 minute and to re- the piece aired. Lockhart’s role in this f vise and extend his remarks.) attack is particularly disturbing. Mr. WILSON of South Carolina. Mr. Fraudulent political attacks by any- TEN YEARS: ADVANCES Speaker, for the last 10 years, the one are reprehensible. Joe Lockhart is (Mr. STEARNS asked and was given House Republican majority has built a talented and intelligent, but I believe permission to address the House for 1 proud and positive record that has im- he should excuse himself from the minute and to revise and extend his re- proved the lives of American families. Kerry campaign. marks.) In 1994, Republicans were overwhelm- f Mr. STEARNS. Mr. Speaker, Repub- ingly elected to bring leadership and licans have been in the majority here accountability to Washington. Repub- WAR IN IRAQ IS COSTING U.S. in the House of Representatives for 10 licans had a clear vision to restore fis- LIVES AND DOMESTIC PROGRAMS years now, and a lot has changed. We cal responsibility, rebuild our defense (Ms. WATERS asked and was given have helped to free working families and intelligence, and create jobs permission to address the House for 1 from the heavy tax burden, but we need through relieving the tax burden and minute and to revise and extend her re- to make our work permanent. We need reforming welfare, improving edu- marks.) to make a child tax credit, elimination cation for our children, protecting the Ms. WATERS. Mr. Speaker, I am sick of the marriage penalty tax and the lives of the unborn and the sanctity of and tired of waking up every morning elimination of the death tax perma- marriage, and leading with honesty to the news that more men and women nent. Only the Republicans are com- and integrity. are being killed in Iraq. I am as patri- mitted to doing this. In the last 10 years, the stock market otic as anybody, but why are we in We have established a more opti- has more than doubled in value. Pov- Iraq? We have discovered that we were mistic welfare system that encourages erty has decreased. Unemployment has

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.004 H22PT1 H7334 CONGRESSIONAL RECORD — HOUSE September 22, 2004 declined. And household income has As George Washington said in his every week to decide whether we could risen substantially. We have reformed farewell address, and I quote, ‘‘Of all change the course of America, led by welfare, passed the Defense of Marriage the dispositions and habits which lead then House Minority Whip Newt Ging- Act and promoted quality education in to political prosperity, religion and rich. We said that if you gave us the our schools, fulfilling the Reagan revo- morality are indispensable supports. authority and the power, we would lution. The mere politician, equal with the change the way America works, and we As a lifelong member of the Repub- pious man, ought to respect and to did it with a specific Contract With lican Party, I have never been prouder cherish them.’’ America; 9 million additional people of our party. Under the leadership of Washington encourages us to respect voted in that election and gave us the our Speaker, the gentleman from Illi- religion, and I think he feared that the opportunity to lead. nois (Mr. HASTERT); our majority lead- government might misapply the estab- We believed that too many people er, the gentleman from Texas (Mr. lishment clause to things like the were on welfare, and they deserved an DELAY); the chairman of the Repub- Pledge. Even Thomas Jefferson, who opportunity to get off, so we changed lican Conference, the gentlewoman advocated the wall of separation be- that. We balanced the budget and paid from Ohio (Ms. PRYCE); and our major- tween church and State, articulated down debt. Some of that is going by ity whip, the gentleman from Missouri this, and I quote, ‘‘No Nation has ever the wayside now with a war to fund, (Mr. BLUNT), working with President yet existed or been governed without but when we stood before the American George Bush, this team will continue religion, nor can be.’’ people in 1994, we stood for something to promote America’s families. Considering our Founding Fathers’ solid, and we can do it again. In conclusion, may God bless our clear statements, it is hard to say that We want to thank the American peo- troops, and we will never forget Sep- the Pledge establishes religion or ple for giving us the opportunity. And, tember 11. crosses the wall of separation. I urge Mr. Speaker, I want to thank Newt f my colleagues to embrace the founders’ Gingrich, who would be our Speaker ul- original intent and support H.R. 2028. timately, for leading us to that major- GOP 10-YEAR ANNIVERSARY f ity. (Mr. GARRETT of New Jersey asked f and was given permission to address REPUBLICAN MAJORITY AND the House for 1 minute and to revise FAMILY HEALTH CARE b 1030 and extend his remarks.) (Mr. GINGREY asked and was given THE RECORD OF THE REPUB- Mr. GARRETT of New Jersey. Mr. permission to address the House for 1 LICAN-CONTROLLED CONGRESS Speaker, in 10 years of majority, Re- minute and to revise and extend his republicans have made a difference and a marks.) (Mr. HINCHEY asked and was given difference not by over-legislating but Mr. GINGREY. Mr. Speaker, in the 10 permission to address the House for 1 by having confidence and faith in the years of Republican majority in the minute and to revise and extend his re- American people and the American in- House, we have always put families marks.) dividual. first. We recognize that protecting our Mr. HINCHEY. Mr. Speaker, the Re- My Republican colleagues and I be- Nation’s families means in part cre- publicans have reminded us that it has lieve that it is the individual American ating access to better health care, pro- been 10 years since they have con- and not the government who can best viding affordable prescription drugs to trolled this Congress, and I think it is improve their lives. Financial decision- seniors and ensuring the best doctors important to reflect upon that record. making is best done by the family and and care for our children. These are Since they have been in the majority not by the Federal government. The critical and necessary commitments. here, they have managed to shift the taxpayers’ money belongs in the tax- In 1994, when Republicans took the tax burden from the most affluent peo- payers’ pockets. They work hard for it, majority, many of our citizens were ple in America to the white and blue and they know how to spend it best. being left behind without access to rap- collar working class, raising taxes for Republicans created across-the-board idly developing medical technology. working Americans, lowering them for tax cuts for working Americans, giving Last year, we passed the most sweeping multimillionaires. They have estab- them a greater chance to spend and to modernization to Medicare legislation lished the conditions for, and presided save their money as they deem fit, giv- since its creation in 1965. For the first over, the Enron and other corporate ing them options, giving them inde- time, our seniors now have a prescrip- scandals. And since they have con- pendence. The benefits of our tax relief tion drug benefit. Americans know trolled not just the legislative branch have rolled on to jump-start the econ- that their parents and grandparents but the executive branch as well, they omy, with 1.7 million new jobs this will be taken care of and that they are have managed to increase the poverty past year, with the current unemploy- in safe hands. level in America in the last 4 years by ment rate lower than the average rates We have provided better options to 4.3 million people now living in pov- of the 1970s, 1980s and 1990s combined. our Nation’s low-income families by erty. Mr. Speaker, in the next 10 years, the making doctors’ appointments and nec- They have reduced the average in- Republicans will continue to respect essary checkups available through come of the average American family the American individual and, in turn, community health centers; 15 million by more than $1,500. They have raised build on our successes and on the suc- families nationwide now have a place the energy costs of the average Amer- cess of this great Nation. to count on for health care through ican family by more than $1,000 a year. f these centers. They have raised the number of people America’s families will always re- who are without health insurance, SUPPORT THE PLEDGE ceive the best existing health care. Re- bringing it up to 45 million people (Mr. RYUN of Kansas asked and was publicans recognize the importance of without health insurance. The list goes given permission to address the House family health care, and we will con- on. And we will have other opportuni- for 1 minute and to revise and extend tinue to recognize it as a top priority ties to discuss it, I am sure. his remarks.) in the future. f Mr. RYUN of Kansas. Mr. Speaker, f amidst the controversy surrounding PLEDGE PROTECTION the Pledge of Allegiance, I fear that we CELEBRATING 10 YEARS OF (Mr. SAM JOHNSON of Texas asked have forgotten our Founding Fathers’ REPUBLICAN MAJORITY and was given permission to address true intentions behind the establish- (Mr. LINDER asked and was given the House for 1 minute and to revise ment clause in the Constitution. While permission to address the House for 1 and extend his remarks.) our critics argue that the words ‘‘under minute and to revise and extend his re- Mr. SAM JOHNSON of Texas. Mr. God’’ violate the establishment cause, marks.) Speaker, this week we will vote on our founders actually encouraged this Mr. LINDER. Mr. Speaker, 10 years keeping ‘‘one Nation under God’’ in the type of religious recognition. ago, 25 hearty souls met for 3 hours Pledge of Allegiance. The Pledge is

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.007 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7335 under attack, and activists are using Let me also point out to my col- on the people of Darfur are continuing wayward judges to chip away at this leagues that we often hear the term by the Janjaweed, that is the militia time-honored tradition. Our national ‘‘spare embryos’’ in connection with that has been armed by the govern- motto is ‘‘In God We Trust.’’ In Texas embryonic stem cell research. I hope ment and sent on these missions to de- the people have already spoken. Start- that we will cease employing that very stroy and to kill the people there, in- ing last year, all school districts re- false term. There is no such thing as a creasing the huge numbers of displaced quire students to recite the Pledge to spare embryo. These individuals can be persons who are fleeing into these the United States and Texas flags adopted, they are being adopted; and camps. The conditions in these camps daily. they are just like any other little boy are absolutely intolerable. They are The bill we have on the floor today is or girl. living in positive squalor. The world’s essential to ensuring that the will of We should put our emphasis, and our humanitarian community is respond- the people of Texas is not cir- research dollars, Mr. Speaker, on adult ing in a very positive way, but the con- cumvented by some unelected judge in stem cell research and cord blood stem ditions continue to grow worse. another State. For the sake of our cell research. This research has no eth- What is needed is greater security. country’s morale and heritage, we ical downside. And it has worked. That What is needed is a greater commit- must keep ‘‘under God’’ in the Pledge. is where the real breakthroughs are oc- ment by the African Union to send I will just close with God bless Amer- curring each and every day. Heart re- troops to provide that kind of security. ica. pair and myriad other advances are oc- What is needed is a commitment by the f curring not from embryonic, but from Sudanese government to end the adult—and cord blood stem cells. Janjaweed attacks and to allow the hu- THE REPUBLICAN PARTY’S CON- manitarian community to provide the SISTENT SUPPORT FOR THE f relief that is necessary and to provide MILITARY 10TH ANNIVERSARY OF REPUB- the security also so that these people LICAN MAJORITY IN CONGRESS (Mr. SHIMKUS asked and was given can return to their homes. permission to address the House for 1 (Mr. DREIER asked and was given f minute and to revise and extend his re- permission to address the House for 1 marks.) minute and to revise and extend his re- TIME FOR A NEW PARTNERSHIP Mr. SHIMKUS. Mr. Speaker, one of marks.) (Mr. DeFAZIO asked and was given the reasons why I became a Republican Mr. DREIER. Mr. Speaker, what a permission to address the House for 1 is because of the Republican Party’s difference a decade makes. It is true we minute and to revise and extend his re- consistent support for the military. are marking the 10th anniversary of marks.) Since 2000, base military pay has in- the Republican majority controlling Mr. DeFAZIO. Mr. Speaker, it is 10 creased by 29 percent. Mid-grade non- this institution, and it has been great years since the Contract on America, commissioned officers, who represent for the American people. the Republican takeover. If people the core experience and talent in the One issue that is of paramount inter- think the country is going in the right Armed Forces, have seen their pay in- est and is often forgotten is the fact direction, then I guess they are doing a crease an average of 35 percent. Con- that leading up to our having won the great job. gress under Republican control pro- majority in 1994, we in this country, They talk about fiscal responsibility; vided $6 billion for repair, mainte- from the early 1960s forward, were deal- $600 billion deficit this year. Every nance, and operations of the military ing with a very tragic generational penny of the Social Security surplus houses and bases. Congress increased cycle of welfare. We saw this cycle of and trust fund borrowed and spent and the basic allowance for housing and dependence continuing on and on and replaced with IOUs. We have lower eliminated servicemembers’ out-of- on where people were in fact losing wages, outsourced jobs, unemployed pocket housing expenses, increased their motivation, losing the kind of in- Americans, economic insecurity, and family separation allowance, and incentive that they needed to succeed in record numbers of uninsured. And they creased the amount for imminent dan- life. And when we in 1995, 1996 worked brag about their record on health care, ger pay. very hard to bring about an end to that a prescription drug benefit written by I am proud that the Republican generational cycling of welfare, what is and for the pharmaceutical industry at Party stands for strong support for the it that we did? We not only created op- tremendous tax to the taxpayer, sub- military, and I am sure we will consist- portunity for people, but story after sidies to that industry. ently support our men and women serv- story had us telling anecdotal evidence It is time for a new partnership for ing in dangerous places around the of people saying, I have finally gotten the majority of Americans, not more world and their families. the pride back that was so desperately government by and for an elite few. f needed. f So, Mr. Speaker, that is just one ex- SNOWFLAKES EMBRYO ADOPTION TO CELEBRATE AMERICA ample of the kind of success that we (Mr. SMITH of New Jersey asked and have had with our majority, and I hope (Mr. HAYES asked and was given was given permission to address the we can keep working for the American permission to address the House for 1 House for 1 minute and to revise and people for years to come. minute and to revise and extend his re- extend his remarks.) f marks.) Mr. SMITH of New Jersey. Mr. Mr. HAYES. Mr. Speaker, I stand Speaker, less than 5 minutes ago, I was THE SUDAN today to celebrate with my colleagues in a room here in the Capitol filled (Mr. KOLBE asked and was given per- the American people. We in the major- with children who were frozen em- mission to address the House for 1 ity have worked hard to empower peo- bryos, several months—even years minute and to revise and extend his re- ple to create opportunities, to make ago—who went on to be adopted. The marks.) jobs, to do things that turn America stories of these adopted embryos, with Mr. KOLBE. Mr. Speaker, yesterday into a place where people can achieve names like Kate and Mike, are compel- afternoon the gentleman from Illinois their dreams. That is what is hap- ling. We know of at least 60 children (Mr. JACKSON) and I returned from a 4- pening. It is also in stark contrast to who were once cryogenically frozen but day trip to the Sudan, including most- the U.N., that sits on their collective have now gone on to be adopted. An ly into the Darfur region in West duffs while people in the Sudan, Iraq, adoption program called Snowflakes Sudan. We visited the camps where the Afghanistan need help. adoption agency that has been pro- displaced persons are. We visited North So, yes, we do celebrate America moting this loving adoption option and Darfur, which is an area under control today because the majority will stand underscores why we need to protect by the Sudanese Liberation Movement, up and empower the American people these newly created human beings and the rebel groups. to live that American Dream and to be not steal their stem cells for use in re- I am here to report to my colleagues part of making a better, freer, and search. today that unfortunately the attacks safer world.

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.009 H22PT1 H7336 CONGRESSIONAL RECORD — HOUSE September 22, 2004 THE REPUBLICAN CONTRACT WITH the Nation today to the condition of SEC. lll. None of the funds made avail- AMERICA the Nation 10 years ago, it is abso- able in this Act may be used to implement any sanction imposed by the United States (Mr. KINGSTON asked and was given lutely amazing what we have accomplished. Much of it has been controver- on private commercial sales of agricultural permission to address the House for 1 commodities (as defined in section 402 of the minute and to revise and extend his re- sial, but almost all of it has been good. Agricultural Trade Development and Assist- marks.) And I am very pleased with the ance Act of 1954) or medicine or medical sup- Mr. KINGSTON. Mr. Speaker, 10 progress that we have made and the plies (within the meaning of section 1705(c) years ago the Republican Party put way we have moved this country along of the Cuban Democracy Act of 1992) to Cuba forth the Contract with America, and over these 10 years. (other than a sanction imposed pursuant to I would also add, Mr. Speaker, I have agreement with one or more other coun- it was the first time that collectively tries). Members of Congress had put forth an always been a great believer that good The CHAIRMAN pro tempore. Pursu- agenda. And certainly the Democrats work deserves a reward. And this is a ant to the order of the House of Tues- did not like it, but 10 years later they very clear case where the good work of day, September 14, 2004, the gentle- are trying to do the same thing, and I the Republican Party in this Congress woman from California (Ms. WATERS) applaud them. I think it is good to hon- deserves a reward of continuing to re- and a Member opposed each will con- estly show the folks what their plat- main in the majority for another 10 trol 5 minutes. form is. years. We have proved we can do good The Chair recognizes the gentle- Part of our platform, of course, was work. We will continue to do it. woman from California (Ms. WATERS). tax cuts. Does anyone think that we f would have had tax cuts had the Demo- GENERAL LEAVE b 1045 crats stayed in power? Mr. ISTOOK. Mr. Speaker, I ask Ms. WATERS. Mr. Chairman, I yield Part of our platform was welfare re- unanimous consent that all Members myself such time as I may consume. form. There were 14 million people on may have 5 legislative days within Mr. Chairman, this is a very simple welfare. Today there are about 4 mil- which to revise and extend their re- amendment. The United States has a lion. Does anyone think that 9 million marks and include extraneous material trade deficit. We are not able to sell people would be back in the workplace on the further consideration of H.R. our goods abroad in the way that we if it had not been for the Republican 5025 and that I may include tabular should be able to do it. Contract with America? material on the same. Cuba has been literally dying for us The military spending went from $260 The SPEAKER pro tempore (Mr. to sell them goods. We finally had the billion to today $419 billion and re- SHIMKUS). Is there objection to the re- good sense to open up the way for the strengthened our military. Does any- quest of the gentleman from Okla- sale of agricultural commodities, medi- body think that would have happened homa? cine and medical supplies to Cuba, and without the Republican Contract with There was no objection. they are buying, but they have to pay America? cash on the barrel head. So this amend- f And No Child Left Behind, our land- ment would prohibit the use of funds to mark education reform bill that put TRANSPORTATION, TREASURY, implement sanctions on private com- parents back in charge and teachers, AND INDEPENDENT AGENCIES mercial sales of agricultural commod- not bureaucrats, in Washington. Does APPROPRIATIONS ACT, 2005 ities, medicine and medical supplies to anyone think that would have hap- The SPEAKER pro tempore. Pursu- Cuba. pened without the Contract with Amer- ant to House Resolution 770 and rule U.S. exports of agricultural products ica? XVIII, the Chair declares the House in and medical supplies to Cuba have been These platforms are good. This de- the Committee of the Whole House on legal since 2001. However, American bate is worth having. We have been in the State of the Union for the further farmers and other exporters must ma- power for 10 years. There is a lot more consideration of the bill, H.R. 5025. neuver through a myriad of restric- we need to be doing. We are going to tions in order to export these products b 1044 work for tax simplification and more to Cuba. Exporters are denied access to tax reduction, and we need to get bet- IN THE COMMITTEE OF THE WHOLE export assistance, credit guarantees ter control on spending. Both parties Accordingly, the House resolved and private commercial financing. All need to do that. itself into the Committee of the Whole transactions must be conducted in cash Mr. Speaker, I am proud that we House on the State of the Union for the in advance or with financing from third have been in power 10 years and proud further consideration of the bill (H.R. countries. These restrictions make of the accomplishments we have had in 5025) making appropriations for the De- trade with Cuba unnecessarily expen- that period. partments of Transportation and sive, bureaucratic and complicated. f Treasury, and independent agencies for The effect of my amendment would the fiscal year ending September 30, be to free exporters from the need to CELEBRATING 10 YEARS OF A 2005, and for other purposes, with Mr. comply with these cumbersome regula- REPUBLICAN HOUSE SIMMONS (Chairman pro tempore) in tions. (Mr. EHLERS asked and was given the chair. The people of Cuba need food and permission to address the House for 1 The Clerk read the title of the bill. medicine. Their needs have never been minute and to revise and extend his re- The CHAIRMAN pro tempore. When greater than they are now, following marks.) the Committee of the Whole rose on the devastation caused by Hurricane Mr. EHLERS. Mr. Speaker, it is a Tuesday, September 21, 2004, amend- Ivan. Cuba is one of several islands in pleasure to join in this celebration ment No. 2 printed in the CONGRES- the Caribbean ravaged by Hurricane today. SIONAL RECORD by the gentleman from Ivan, and the people of Cuba are trying I well remember 1994 because I was Florida (Mr. DAVIS) had been disposed to recover from the extensive damage sworn in during January, 1994, and of, and the bill had been read through caused by this terrible storm. took my oath of office. Shortly there- Page 166, line 3. The people of Cuba are more than after I wrote an article which was dis- AMENDMENT NO. 12 OFFERED BY MS. WATERS willing to purchase food and medical tributed to my party colleagues enti- Ms. WATERS. Mr. Chairman, I offer supplies from their American neigh- tled ‘‘How We Can Take the Majority.’’ an amendment. bors. American exporters have already What a change has happened since The CHAIRMAN pro tempore. The exported $210 million in products to then. Clerk will designate the amendment. Cuba in the first 5 months of this year The Contract with America was a The text of the amendment is as fol- despite the cumbersome restrictions genuine brainstorm, a very effective lows: involved, and they can expect to in- technique; but also it gave guidance for Amendment No. 12 offered by Ms. WATERS: crease their market share significantly a number of years for what we were to At the end of the bill (before the short if they are freed from these restric- do. And if we compare the condition of title), insert the following: tions.

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.012 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7337 U.S. agri-business companies have es- tural products and medicine to Cuba, torship with financing that even those timated that U.S. farmers are missing even to the regime, is legal. The only who sell products are not seeking. out on a market of $700 million in Cuba requirement is that they have to pay. Mr. Chairman, I would simply ask because of these restrictions. Remov- Now, I was involved in a negotiation my colleagues to reject this amending the prohibition on private financ- with a number of Members of this ment, which is in bad taste and seeks ing would be especially helpful to House some years back. It was a very to reward the dictatorship, and remind smaller companies and individual detailed and difficult negotiation, but our colleagues that the sale of medical farmers. Small businesses cannot af- an agreement ensued that permitted products and of agricultural products ford to export goods to a foreign coun- the sale of agricultural products. The even to the regime is legal. The only try without financing. sale of medical products had been legal conditions are that the regime pay. My amendment would ensure that since 1992. The agreement permitted The CHAIRMAN pro tempore. All American exporters could use private the sale of agricultural products even time has expired. financing to export agricultural prod- to the regime, as I said, Mr. Chairman, The question is on the amendment ucts and medical supplies to Cuba. A as long as the regime paid. offered by the gentlewoman from Cali- similar amendment was offered by my Now, even the economic interests fornia (Ms. WATERS). colleague, the gentleman from Kansas that do business with the regime have The question was taken; and the (Mr. MORAN), and was adopted by the made it clear that they want to be Chairman pro tempore announced that House on July 23, 2002. Unfortunately, paid. What the discussion is about the noes appeared to have it. this amendment was not included in today is financing for the dictatorship, Ms. WATERS. Mr. Chairman, I de- the conference report. to make available financing for the mand a recorded vote. Other countries, like China, Germany dictatorship. The CHAIRMAN. Pursuant to clause and Canada, permit trade with Cuba, Amendments seem to find their way 6 of rule XVIII, further proceedings on and these countries have financing ar- to this floor, no matter how much re- the amendment offered by the gentle- rangements that facilitate exports to pression and torture the Cuban dic- woman from California (Ms. WATERS) Cuba. If the United States continues to tator engages in against his people, no will be postponed. make exports of food and medicine un- matter how many people he imprisons AMENDMENT OFFERED BY MS. LEE necessarily difficult and complicated, simply for their views, no matter how Ms. LEE. Mr. Chairman, I offer an American companies will continue to much he tortures the people whom he amendment. be left out. imprisons. No matter how many people The CHAIRMAN pro tempore. The My amendment would ensure that he even murders because they try to American exporters could use private Clerk will designate the amendment. seek freedom, amendments manage to The text of the amendment is as fol- financing to export agricultural prod- find their way to this floor to reward ucts and medical supplies to Cuba. Ex- lows: the tyrant. So now there is one amend- Amendment offered by Ms. LEE: ports of food and medicine to Cuba are ment here that seeks to reward the dic- good for the American economy and At the end of the bill (before the short tator with financing. title), insert the following: they are good for the people of Cuba. What we are saying is, there has real- SEC. ll. None of the funds made available Mr. Chairman, I would urge my col- ly never been a time to reward a dicta- in this Act may be used to implement, ad- leagues to adopt this amendment. I torship for repression and jailing of op- minister, or enforce the amendments made know that there are Members of this ponents and the murder of opponents. to paragraphs (a) and (b) of section 515.565 of House who strongly dislike Fidel Cas- There has never been a time for that. title 31, Code of Federal Regulations (relat- tro. I know that there are Members ing to specific licenses for United States aca- Much less is there a time now, after who would do whatever they could to demic institutions and other specific li- the dictator has increased repression. disadvantage that island. But I think it censes), as published in the Federal Register So on the issue of financing, I would does not make good sense to cut off on June 16, 2004 (69 Fed. Reg. 33772). The limi- simply remind my colleagues again your nose to spite your face. We have tation in the preceding sentence shall not that even those who sell to the dictator apply to the implementation, administra- all of these small businesses that want wish to be paid. Even those who sell to tion, or enforcement of section 515.560(c)(3) of to do business with Cuba. Cuba wants the dictator have said that they like title 31, Code of Federal Regulations. to do business with us. We need to get the fact that they have to be paid, that The CHAIRMAN pro tempore. Pursu- rid of these restrictions so that they they know that the dictator owes bil- ant to the order of the House of Tues- can have the kind of credit and financ- lions of dollars to people who have of- day, September 14, 2004, the gentle- ing from private companies, so that fered financing to him from other woman from California (Ms. LEE) and a they can buy more and more and more. How are we ever going to get rid of places of the world. What we do not Member opposed each will control 5 this trade deficit if we are not smart want is to increase the amount of debt minutes. enough not to let some of the political that the dictator owes, this time to The Chair recognizes the gentle- ambitions of a few of our colleagues get Americans, much less to Americans woman from California (Ms. LEE). in the way of what is good for Amer- who might then wish to have the tax- Ms. LEE. Mr. Chairman, I yield my- ica? We are sitting right down here 90 payer later bail them out. self such time as I may consume. miles from Cuba in Florida with a lot The bottom line is that the sale of Mr. Chairman, my amendment is of folks who want to do business with agricultural products is legal, that the very simple. It prohibits funds in this them. It is time to change our policies sale of medical products has for a long bill from being used to enforce new reg- and go in a new direction. time been legal, and that the only re- ulations promulgated on June 30 that It is time also to show people that we quirement is that the dictator pay. So severely restrict and in many cases are willing to do the right thing. How we do not think that it is appropriate eliminate opportunities for United can we sit here and know that people now to reward the dictatorship with fi- States students to study abroad in need the food, we need the money, and nancing. Even the people who sell are Cuba. not allow it to happen? not pushing for that, because they like These new election year regulations Mr. LINCOLN DIAZ-BALART of the fact that they get paid. take our policy toward Cuba in the Florida. Mr. Chairman, I claim the Mr. Chairman, this amendment is exact wrong direction. Many of these time in opposition to the amendment. really in bad taste, especially when you regulations are just plain undemo- The CHAIRMAN pro tempore (Mr. consider the torture that the political cratic and punitive, and simply do not SIMMONS). The gentleman from Florida prisoners are being subjected to. Those make sense for Americans. (Mr. LINCOLN DIAZ-BALART) is recog- are the future leaders of the Cuban Regulations that have already and nized for 5 minutes. congress, those are the future leaders will continue to deny many American Mr. LINCOLN DIAZ-BALART of of the judiciary and, in fact, the future college students the basic opportunity Florida. Mr. Chairman, I yield myself presidents of the Republic of Cuba, peo- to gain experience, knowledge and in- such time as I may consume. ple who today are languishing in prison sight through study abroad in Cuba Mr. Chairman, it is important that being tortured; and we owe at the very should not be funded. In fact, not only the facts be clear: The sale of agricul- least to them not to reward this dicta- were many study-abroad programs to

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.017 H22PT1 H7338 CONGRESSIONAL RECORD — HOUSE September 22, 2004 Cuba effectively eliminated by these Mr. LINCOLN DIAZ-BALART of Secondly, students are our best am- new regulations, most of the schools Florida. Mr. Chairman, I rise in opposi- bassadors. They are young people who received little advance notice of the re- tion to the amendment. are very patriotic. They care about strictions. Sadly, it is the students who The CHAIRMAN. The gentleman America. They want to engage in dia- suffered from this short notice. By the from Florida (Mr. LINCOLN DIAZ- logue with students throughout the time the students were finally in- BALART) is recognized for 5 minutes. world, especially in Cuba. And denying formed of the program cancellations, it Mr. LINCOLN DIAZ-BALART of them that right really is a terrible was simply too late for them to make Florida. Mr. Chairman, I yield myself thing, first of all, for our students, but new study-abroad arrangements. such time as I may consume. it sets back our foreign policy. Goucher College, Johns Hopkins Uni- Mr. Chairman, this is another ‘‘re- We are talking about creating a glob- versity, Howard University, Siena Col- ward Castro’’ amendment. Reward the al environment of peace and security. lege, Butler University, the College of firing squads, reward the imprisonment How in the world are our future leaders Charleston and Tulane University, just of the opponents. That is what this of the world going to be able to under- to name a few, were affected by these amendment is all about. stand and relate to countries abroad if regulations. In my home State, the It is already legal to travel. There they do not have the opportunity to University of California coordinates are 13 legal categories of travel. One of study there? It is a very important ini- study-abroad programs to Cuba and them is for educational purposes. You tiative, and we should not be using tax- will be forced to cancel its popular pro- have to get a license. You get a license. payer dollars to deny United States, grams next year. You go, and you do your travel for edu- American students to travel to Cuba to This is an issue of freedom for our cational reasons. study. students to travel and gain invaluable So this amendment simply wants to Under the old regulations, of course, experience and educational oppor- eliminate all of the regulations. they could go to study. Now they have tunity that only international study- I would say, it is not going to survive to stay more than 10 weeks under these abroad programs can provide. Our stu- the process. We know that. So what is regulations. It is ridiculous. It is going dents can travel and study abroad in it? The goal of this amendment is to to hurt our students. It is going to hurt Communist countries such as China provide another symbolic victory for education. It is bad for family values. I and Vietnam. the dictatorship, to reward the oppres- urge my colleagues to pass this amend- Make no mistake, isolating Cuba and ment. preventing these important contacts sion. These amendments continue to find Mr. LINCOLN DIAZ-BALART of between Cuba and students will not Florida. Mr. Chairman, I yield 11⁄2 min- change the government in Cuba. We themselves on the floor. The reality of the matter is that the facts are pretty utes to the gentleman from Florida should allow these students to ex- (Mr. MARIO DIAZ-BALART). change ideas, values and share experi- clear. As I said before, there are 13 legal categories. One of them is edu- Mr. MARIO DIAZ-BALART of Flor- ences. These types of exchanges are ida. Mr. Chairman, I just want to again what will truly bring change to Cuba. cational travel. I would simply ask my colleagues to clarify that, right now, you can go to This amendment is straightforward, Cuba for educational purposes; you just Mr. Chairman, and should not be con- remember those people in the gulag today, those people suffering the full have to get a license. So the only rea- troversial. We are talking about main- son for this amendment is to symboli- stream family values: education, free- force, the brute force of the repression of that futile totalitarian tyranny. cally tell the Castro anti-American dom to travel, freedom to learn and the dictatorship, terrorist dictatorship, freedom to export our American val- When they receive these messages at the hands of their jailers of these sym- that we like you. That is all this ues. amendment does. Students can go to The State Department and the 9/11 bolic amendments, victories that are presented and sometimes passed in the Cuba if they get a license. Commission have both stated that our So despite the fact that the Castro Congress of the United States, how it youth are key to spreading American regime continues to imprison and de- must make you feel when you are im- values. Patricia Harrison, Assistant spite the fact that the Castro regime Secretary of State for Educational and prisoned. Nevertheless, they continue has murdered Americans, murdered Cultural Affairs, stated before the to resist. They continue to embody the American citizens, has American blood Committee on International Relations dignity of the Cuban nation, in the to- on his hands, this amendment would on which I serve that ‘‘one of our great- talitarian gulag. They continue, be- just like to give him a nice pat on the est assets in public diplomacy is the cause they are the embodiment of the back and say, even though Americans American people themselves. Programs best of the Cuban nation, the future of can go with a permit, with a license to that bring Americans and foreign citi- Cuba. There are so many men and get education, go for educational pur- zens in direct contact can and do have women in the gulag who deserve such poses to Cuba, we want to give you a tremendous positive impact.’’ extraordinary respect. gift, Mr. Castro. Despite the fact that The recommendations of the 9/11 So I would ask my colleagues not to Commission report state that we must you murder Americans, we want to send more messages to them, that the give you a gift, and here is a little ‘‘rebuild the scholarship, exchange and Congress of the United States passes library programs that reach out to token gift. Because, again, it is not amendments to provide moments of going to happen. It is not going to pass young people and offer them knowledge pleasure for the tyrant. Because that is and hope.’’ the process, but we just want to show all it is. That is what these amend- that we support that anti-American I cannot agree more. It is in our best ments that unfortunately continue to interests to allow our youth to spread dictator who has American blood on make themselves here, they reach the our message of American values and his hands. It is a very sad statement. floor, that is what these amendments hope so that people can see for them- Again, fortunately, none of these are. selves who America is and what we issues ever happen. But, again, that is Ms. LEE. Mr. Chairman, I yield my- stand for. all this amendment is. It is to show self such time as I may consume. So today I stand against squandering that anti-American dictator, that ter- Let me just respond to my colleague our resources to enforce these ineffec- rorist 90 miles away, that this amend- and say, first of all, this amendment is tive, outdated policies as they relate to ment supports, still supports that dic- specifically about United States stu- education, and I ask Members to sup- tatorship. That is all this does, Mr. port the ranks of American students to dents, American students who want to Chairman. be educated, to travel abroad, to gain visit under their educational programs Mr. LINCOLN DIAZ-BALART of experience and to make judgments for to study abroad. As I said earlier, stu- Florida. Mr. Chairman, I think we have themselves. dents are afforded study-abroad oppor- made our points. We oppose the amend- tunities in a variety of countries. They ment strongly. b 1100 should not be denied the right to pur- Mr. Chairman, I yield back the bal- I urge my colleagues to vote yes on sue their educational opportunities in ance of my time. the Lee-Tubbs-Jones amendment, and I countries in which they desire to par- Mrs. JONES of Ohio. Mr. Chairman, I rise in reserve the balance of my time. ticipate. support of the Lee-Rangel-Tubbs Jones

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4634 Sfmt 9920 E:\CR\FM\K22SE7.020 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7339 Amendment to H.R. 5025—Transportation, a single family home, was the first person in AMENDMENT OFFERED BY MR. RANGEL Treasury Appropriations Act for fiscal year her family to attend college on a full scholar- Mr. RANGEL. Mr. Chairman, I offer 2005. The Lee-Rangel-Tubbs Jones Amend- ship. Jamie was an International Relations an amendment. ment prohibits the use of funds to enforce new Major and Spanish Minor. She was awarded The CHAIRMAN. The Clerk will des- regulations that affect students who study the National Security Education Program ignate the amendment. abroad or seek other educational opportunities Scholarship in 2003 and studied at the Univer- The text of the amendment is as fol- in Cuba. sity of Havana. Due to this Administration’s lows: America students have become victims of prohibition on educational exchange opportuni- Amendment offered by Mr. RANGEL: politics, which should not be the intent of U.S. ties to Cuba, other students will not be able to Page 166, insert after line 3 the following foreign policy. The Office of Foreign Assets benefit from the rich experiences that Jamie new section: SEC. 647. None of the funds made available Control’s (OFAC) purpose is to track terrorist profited from. Mr. Chairman, these facts make in this Act may be used to implement, ad- activities, not punish Americans interested in the Lee-Rangel-Tubbs Jones Amendment nec- minister, or enforce the economic embargo educational exchanges to Cuba. essary. of Cuba, as defined in section 4(7) of the Members of Congress, especially Members In August, the Office of Foreign Assets Con- Cuban Liberty and Democratic Solidarity of the Congressional Black Caucus, and the trol (OFAC) within the Department of Treasury (LIBERTAD) Act of 1996 (Public Law 104–114), Progressive Caucus, have written and called and the State Department issued a two-year li- except that the foregoing limitation does not President Bush and Secretary Powell about cense for the 88 students enrolled at the apply to the administration of a tax or tariff. the students at the Latin American Medical school. The CHAIRMAN. Pursuant to the School (ELAM) and the cuts in general edu- For those students who planned to partici- order of the House of Tuesday, Sep- cation licenses. pate in 10-week exchange programs this year, tember 14, 2004, the gentleman from All people-to-people educational travel was it is too late for them to make alternate study- New York (Mr. RANGEL) and a Member eliminated in 2003, which ended thousands of abroad arrangements. Even worse, this may opposed each will control 5 minutes. trips by U.S. citizens to Cuba for broader edu- have been their only opportunity to study The Chair recognizes the gentleman cational purposes each year. Mr. Speaker, abroad. from New York (Mr. RANGEL). Mr. RANGEL. Mr. Chairman, I yield these facts make the Lee-Rangel-Tubbs Jones These regulations discriminate against these myself such time as I may consume. Amendment necessary. students on the basis of where they want to Mr. Chairman, I think that in view of The number of U.S. university-level students continue their studies. Full-time American stu- the victory that the gentlewoman from receiving credit for study abroad in 2001/02 in- dents should be permitted to participate in any California (Ms. LEE) has had, that creased 4.4 percent from the previous year, exchange initiatives that their institution ap- maybe, just maybe, there is a breath of reaching a record total of 160,920, according proves. fresh air entering the House where we to Open Doors 2003, the annual report on Mr. Chairman, I rise in support of the Lee- international educational published by the In- can say, let us stop this punitive ap- Rangel-Tubbs Jones Amendment to H.R. proach to Cuba and the Cuban govern- stitute of International Education (IIE) with 5025—Transportation, Treasury Appropriations funding from the State Department’s Bureau of ment, and let us start a common sense Act for fiscal year 2005. The Lee-Rangel- approach. Educational and Cultural Affairs. Tubbs Jones Amendment prohibits the use of Open Doors 2003 indicates that most stu- The gentleman from Florida makes funds to enforce new regulations that affect dents continue to study abroad for shorter so- it appear as though we are rewarding a students who study abroad or seek other edu- journs (many for less than eight weeks), with dictator for not upholding the prin- cational opportunities in Cuba. more than 50 percent of U.S. undergraduates ciples of democracy. None of us here Ms. WATERS. Mr. Chairman, I rise to sup- and masters degree student electing summer, want to do that. Some would say that port the Lee amendment to prohibit the use of January term, internships, and other short- we have a disregard for the loss of life funds in this bill to implement the Administra- term programs instead of academic year or or the imprisonment of people unfairly, tion’s new restrictions on travel to Cuba for semester programs. Most American students as we all agree is wrong and immoral educational purposes. who studied abroad in 2001/02 (91 percent) and indecent, but that is not so. We are did so for one semester or less. These new restrictions prohibit American not talking about rewarding; we are The number of U.S. students going to less students from participating in educational pro- talking about normalization. We are traditional destinations remains high. The per- grams unless they were organized by the insti- talking about the United States of cent of all study abroad students going to tution in which the students are enrolled. Stu- America’s principles. We are talking Latin America has more than doubled since dents would not be allowed to participate in about Americans who feel so proud of 1985, from 7 percent the first year of the sur- programs organized by other colleges or uni- what we believe in that we do not let vey to 15 percent this year, and the number versities. This would deny students the oppor- any nickel-and-dime dictator prevent of students going to Latin America increased tunity to study in Cuba unless their own insti- us from taking our message to the peo- by 4 percent to 23,300 this year. tution has its own program in Cuba. This un- ple, the people in Cuba. Many countries, particularly in Latin Amer- reasonable restriction could prevent thousands For 40 years, we have taken this non- ica, saw large increases in the number of of American students from studying abroad in sensical approach that we are going to American students they hosted in 2001/02. the country of their choice. punish the Cuban people, deny them Countries with large increases included: Cuba Throughout the Cold War, American stu- access to our markets, deny them fi- (1,279, up 41 percent), Brazil (1,064, up 40 dents studied in the Soviet Union. Many of nancial assistance, notwithstanding percent), and El Salvador (145, up 86 per- them went on to become diplomats, scholars the pain and cruel treatment that na- cent). and policy-makers who used the knowledge ture has given to them through hurri- Current regulations adversely effect study- they gained to contribute to the development canes, notwithstanding the poverty in abroad programs in Cuba. Educational travel and implementation of U.S. foreign policy. the country, and we have had this be- licenses are only granted to undergraduate Similarly, many Americans are studying in the lief on our side, at least some of us on and graduate institutions. Under the revised People’s Republic of China today. There is no both sides, that the American ap- regulations, students can only participate in reason to treat study in Cuba differently. proach, if properly presented to the exchange programs to Cuba that are orga- Study abroad provides valuable educational people, will prevail; not guns, not nized by the institution in which they are en- experiences for American students and con- bombs and not penalties, but the Amer- rolled. High schools or other alternative edu- tributes to the development of knowledgeable ican way. cational institutions are prohibited from having and informed professionals who can use their We believe that trading with people Cuba travel programs. knowledge to serve our country in the future. is a way for our business people to be This directive adversely affects many of my I urge my colleagues to support the Lee ambassadors of the free market sys- constituents as it is in complete discord with amendment and support educational opportu- tem. As the gentlewoman from Cali- the objective of consortium programs. These nities for American students in Cuba and fornia (Ms. LEE) said, we believe our young people will be restricted from partici- throughout the world. kids are better than any ambassadors pating in programs coordinated by other col- The CHAIRMAN. The question is on that come out of the State Department leges and universities. the amendment offered by the gentle- when they talk about life in the United Take example of Jamie Vega, a student at woman from California (Ms. LEE). States. We believe our farmers and our Cleveland State University. She was raised in The amendment was agreed to. business people, they really know how

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.006 H22PT1 H7340 CONGRESSIONAL RECORD — HOUSE September 22, 2004 to talk to these people about doing the No, there has been no justice, only reverence to stand with the Cuban peo- right thing. But if what we are saying increased repression. I showed last ple today and to reject this amendment is that we are afraid of Castro and we night a replica of the punishment box that simply seeks to reward oppression are afraid of communism, then I sug- for the best known political prisoner, a and reward infamy. gest to my colleagues that we ought to physician, Dr. Biscet, who is being held The CHAIRMAN. The gentleman get the heck out of China. We ought to today because he believes in freedom from Florida’s (Mr. LINCOLN DIAZ- get out of Vietnam. We ought to re- and democracy. After this amendment, BALART) time has expired. The gen- store sanctions against Libya, and for I certainly will always recall that it is tleman from New York (Mr. RANGEL) God’s sake, if we are looking for a de- more important when one truly wants has 30 seconds remaining. mocracy, we have a long march in to understand someone to guide oneself Mr. RANGEL. Mr. Chairman, I yield Pakistan to find it. by what that person does rather than myself the balance of my time. We believe we are powerful enough by what he says. Mr. Chairman, let me be brief. It is that we are on the right side of the This, as the gentleman has just stat- clear that this is a very emotional issue, and for those who are afraid of ed, is the ‘‘normalization of relations’’ issue. All I can say is that in 1950 when the truth, then jam their stations, jam amendment, the ‘‘normalization of re- I was shot by the Communist Chinese their TV, have no communications lations with the Cuban dictatorship’’ on the Yalu River in North Korea, I with these people and just say that we amendment. was emotional as well. They told me to will prevail, because we are powerful Now, the charter of the OAS may say get over it. enough to bring not Castro down to his of this hemisphere, only representative I do not know how many tens of knees but the people who are relying democracy is legal, legitimate, and the thousands of American lives were lost on a little assistance from their friends democratic charter of simply 2 or 3 as a result of the Communists in North in the United States. years says that any interruption in the Vietnam. When the trade agreement I do not think you have to be Cuban- democratic process in this hemisphere came up, they said, Get over it. The American, I do not think you have to needs to be sanctioned. But this families of those that were killed by represent Cuban-Americans to under- amendment says: No, you can ban elec- the Libyan terrorists in Flight 103, stand what compassion is. But I will tions for 45 years. You can crush labor they objected to trade and they said, tell my colleagues one thing, I would unions and crush the free press and Get over it. I would suggest to the gen- hate to represent a district that had eliminate and prohibit all political par- tleman from Florida (Mr. LINCOLN families in Cuba, after this horrific ties and freedom of expression and exe- DIAZ-BALART) he has to get over it. hurricane where people are in real pain cute people, including three young Ms. WATERS. Mr. Chairman, I rise to sup- economically and socially, and I want- black men just a year ago for trying to port the Rangel amendment to prohibit the use ed to send them some money, I wanted get to freedom, and imprison them and of funds to enforce the economic embargo on to visit, I wanted to see who got hurt, torture them. And you can kill Ameri- Cuba. I may have wanted to go to a funeral, cans, and you can harbor terrorists. If Congress were serious about our relation- but I have to say that my heart, my And you can harbor fugitives from U.S. ship with Cuba, Congress would pursue a pol- compassion, my country, we are with justice, including cop killers from our icy of negotiation and diplomacy—not isola- you, but because we hate with such States here. tion. Such a policy would allow the export of vengeance your president who has sur- b 1115 seeds, agricultural tools, and other products, which are desperately needed by the Cuban vived so many of ours, we will not be You can do all of that. And you will population. Instead, Congress is allowing the able to help. That, I think, is a more get an amendment that says let us nor- continuation of its out-dated embargo against difficult position than to say that you malize relations. You can continue to this small country, which is only 90 miles from are against communism. harbor terrorists, and you can continue Mr. Chairman, I reserve the balance America’s shores. to harbor U.S. felon fugitives who mur- I urge my colleagues to support the Rangel of my time. der U.S. citizens and spy on the United Mr. LINCOLN DIAZ-BALART of amendment. States and disrupt antiterrorism oper- The CHAIRMAN. The question is on Florida. Mr. Chairman, I rise in opposi- ations. We will still normalize with the amendment offered by the gen- tion to the amendment, and I yield my- you. That is what this amendment is. tleman from New York (Mr. RANGEL). self such time as I may consume. So this is very good that this amend- The question was taken; and the A year ago, I was in New York, and I ment be on the floor today because this Chairman announced that the noes ap- read a newspaper there, the daily is, after all, the debate about economic peared to have it. called La Prenza, and there was an interests and debate about the coali- Mr. RANGEL. Mr. Chairman, I de- interview with the gentleman from tion of forces that have advocated for mand a recorded vote. New York, the author of this amend- the last years for normalization. This The CHAIRMAN. Pursuant to clause ment. It related to the summary execu- is important debate for our colleagues 6 of rule XVIII, further proceedings on tions that had just taken place by Cas- to express themselves on. After 45 the amendment offered by the gen- tro of three young black men just a few years of illegal oppression in this hemi- tleman from New York (Mr. RANGEL) days before, after they had been ar- sphere, that is the only one where its will be postponed. rested by the dictatorship for the crime international law requires representa- VACATING DEMAND FOR RECORDED VOTE ON of trying to come to the United States. tive democracy, and great strides have AMENDMENT NO. 12 OFFERED BY MS. WATERS I quote from the gentleman from New been made in recent decades towards Ms. WATERS. Mr. Chairman, I ask York (Mr. RANGEL) a little over a year compliance with that legal inter- unanimous consent to withdraw my re- ago: ‘‘I am shocked. There is nothing national law requirement. quest for a recorded vote on Waters that the Cuban government can tell me This amendment says, no, in the Amendment No. 12 and to have the that would interest me and that would Western Hemisphere it is all right to Chair put the question de novo. convince me to speak to them again. It oppress for 45 years and murder and The CHAIRMAN. Is there objection is totally incredible that a government execute and torture and spy on Ameri- to the request of the gentlewoman would justify this type of action. The cans and harbor fugitives and harbor from California? execution of these people puts an end international terrorists and disrupt the There was no objection. to any possible discussion that there U.S. international war on terrorism. It The CHAIRMAN. The question is on could have been with the Cuban gov- is all right. We will reward you. We amendment No. 12 offered by the gen- ernment.’’ will normalize, we will grant you the tlewoman from California (Ms. WA- Now, I wish, Mr. Chairman, that I billions of dollars unilaterally without TERS). could say that there has been some jus- the dictatorship having to release any The amendment was agreed to. tice for those summary executions, the political prisoners or move towards AMENDMENT OFFERED BY MR. OLVER murders of those three young men. I freedom for its prisoners. We will re- Mr. OLVER. Mr. Chairman, I offer an wish I could say that the dictator at ward you unilaterally anyway. amendment. least had apologized to the grieving I would ask this Congress of the The CHAIRMAN. The Clerk will des- family members for their murders. United States that I hold with such ignate the amendment.

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.024 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7341 The text of the amendment is as fol- the U.S. would comply with U.S. safety NAFTA agreement due to spurious lows: regulations. claims and lawsuits linked to pur- Amendment offered by Mr. OLVER: Now, the March 2002 regulation was ported safety and environmental con- At the end of the bill (before the short held up in court actions that went all cerns. That was recognized as being title), insert the following: the way to the Federal Appeals Court spurious by the United States Supreme SEC. lll. None of the funds made avail- for the ninth district and in June of Court when in an absolute unanimous able under this Act may be used to issue or this year, earlier this year, the Su- decision they threw the lawsuits out implement the Department of Transpor- preme Court reversed the appeals rul- and said, get on with it, move on, al- tation’s proposed regulation entitled Parts ing unanimously, thereby clearing the and Accessories Necessary for Safe Oper- lowing the U.S. now to fulfill its ation; Certification of Compliance With Fed- last major hurdle to promulgation of NAFTA obligations, all the while eral Motor Vehicle Safety Standards the March 2002 rule. Small obstacles re- achieving high levels of safety in envi- (FMVSSs), published in the Federal Reg- main, but we are close to full imple- ronmental protection that our citizens ister, volume 67, number 53, on March 19, mentation of the NAFTA provisions. expect. 2002, relating to a phase-in period to bring Mr. Chairman, every one of the for- Let us review a few facts of this de- vehicles into compliance with the require- eign carriers operating in the U.S., bate. The Department of Transpor- ments of the regulation. both in the border zone and beyond, tation is not planning to exempt any The CHAIRMAN. Pursuant to the have known for 20 months, Canadian Mexican trucks from the underlying order of the House of Tuesday, Sep- carriers, Mexican carriers, all of them, motor vehicle standards. The gen- tember 14, 2004, the gentleman from that this rule was pending and moving tleman from Massachusetts (Mr. Massachusetts (Mr. OLVER) and a Mem- towards promulgation. They could and OLVER) implied that that was the case, ber opposed each will control 15 min- certainly should have gotten all their that we are talking about the stand- utes. vehicles certified long before now. It ards. We are not talking about the case The Chair recognizes the gentleman would now be grossly unfair to add an- for vehicle safety. All Mexican carriers from Massachusetts (Mr. OLVER). other 24 months on top of the already have to certify that their vehicles com- Mr. OLVER. Mr. Chairman, I yield 30 months which has passed in terms of ply with the core safety standards in myself 4 minutes. the competition with fully compliant order to receive operating authority. Mr. Chairman, my amendment is a U.S., Mexican, and Canadian carriers The amendment of the gentleman and simple funding limitation which says operating in the U.S. the line of argument that he is using is Furthermore, that extra 24 months that no funds from this bill can be used referring to a grace period that is for would prolong the still lingering safety to implement a Federal Motor Carrier labeling of trucks that are manufac- concerns again and create a chaotic in- Safety Administration’s rule published tured 10 or more years ago. It is impor- spection and enforcement situation. in the Federal Register on the 19th of tant for Members to understand that March 2002 in so far as it relates to a My amendment essentially says, promulgate the rule, comply with NAFTA, the mere possession of the label or not phase-in period to bring vehicles into has nothing to do with actual vehicle compliance with the requirements of let all motor carriers which comply with U.S. safety laws, let all of them safety. All trucks, all trucks, if they the regulation. have the label or if they do not have The background here is essentially operate throughout the U.S., but do not give 24 months more on top of the the label have to be in compliance with this: current law requires all motor the actual safety standards themselves. carriers with minor exceptions enter- 30 months which has already passed since the proposed rule was published Let me say this a little differently ing the United States to comply with and be more specific. All Mexican U.S. safety standards. Under the North and everyone knew about it to meet the safety regulations which are trucks will need to meet what are American Free Trade Agreement, known as the Federal Motor Carrier Mexican trucks were to operate United States law. Mr. Chairman, I reserve the balance Safety Regulations, or the FMCSR re- throughout the four border States by quirements, in order to operate in the 1996 and in all States by the year 2000. of my time. Mr. ISTOOK. Mr. Chairman, I claim United States. All trucks, it does not Deep concerns were raised about truck the time in opposition to the amend- matter when they were manufactured, safety if that schedule were to be met ment. all trucks have to meet those stand- and audits which were ordered by the The CHAIRMAN. The gentleman ards in order to operate in the United Congress and done by the Transpor- from Oklahoma (Mr. ISTOOK) is recog- States. Regardless of whether or not tation Inspector General, Kenneth nized for 15 minutes. they have a label certifying their man- Meade, in the late 1990s, showed that Mr. ISTOOK. Mr. Chairman, I yield 5 ufacturing standard at the time of only a tiny fraction, only 1 percent minutes to the gentleman from Ari- their production, these trucks are really, of all trucks were being in- zona (Mr. KOLBE). going to be held to a higher, more inspected for safety compliance, and even Mr. KOLBE. Mr. Chairman, I thank clusive standard than is mandated on of those, 50 percent were failing. Driven the gentleman for yielding me time. their operators. Furthermore, these by those audit results, corroborating I rise in opposition to the amend- standards measure how their trucks the intense safety concerns, Mexican ment offered by the gentleman from are operating today. That is a far more carriers have been limited to shipping Massachusetts (Mr. OLVER). As my col- relevant fact than what it was when to border zone transfer points and leagues are aware, or should be aware, they were manufactured 2, 5, or 10 trans-shippings by carriers which com- this is yet another chapter or maybe years ago. ply with the U.S. safety requirements. another page in the book on the imple- I urge my colleagues to oppose this To move towards full implementa- mentation of the NAFTA agreement. amendment. Ten years ago the United tion of NAFTA, the administration NAFTA carries two major provisions States made a commitment to free issued a proposed rule 30 months ago in when it comes to trucking transpor- trade, and it included the transpor- March of 2002 to establish a process for tation: one on market access for trans- tation sector. If this amendment implementation. Under that rule, all portation services, the other relates to passes, it once again represents the new foreign carriers licensed after the cross border investment in the trans- United States turning its back on its effective date of the rule and all car- portation sector. All three countries trading partners. It once again says we riers wishing to expand beyond the that are party to NAFTA, Canada, are really not reliable. When it comes service area, beyond the border zones Mexico and the United States, have down to it, we will find ways to avoid after the effective date of the rule, successfully implemented the provi- complying with it. must have certification of testing sions on crossborder investment. It is I would hope my colleagues will say meeting U.S. safety regulations. But only the United States that has not meeting our legal commitments makes those carriers operating only in the implemented its commitment for full a difference and is something that is border zones would have 24 months to border market access in transportation important. obtain certification, so that 24 months services. Members should understand that this after promulgation of that March 2002 For years now the U.S. has fudged, amendment shrouds itself in the name rule, all motor carriers operating in has reneged on this provision of the of consumer protection, but it is really

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.026 H22PT1 H7342 CONGRESSIONAL RECORD — HOUSE September 22, 2004 all about protectionism. We should not Mr. DREIER. Mr. Chairman, I rise in Mexico for training of inspectors who pass on the high cost of protectionism strong opposition to this amendment. do not inspect. They go off to do some- to the U.S. consumers once again. Fail- The free flow of goods, services, ideas thing else. We do not have enough ure to provide market access in this and capital is very important, espe- money in our inspection budget to sector means that U.S. consumers cially in this 21st century economy. place inspectors at the border to check using transportation services in North Obviously, we are all concerned those trucks and make sure they are in America needlessly pay the high cost about safety. The last speaker was just compliance. That is what we need. of protectionism benefiting a small, referring to the issue on terror. Inspec- All those trucks and buses operating but highly mobilized, interest group. tions are a very high priority, and they in the United States comply with U.S. I think we know what we are talking are a very important part of this issue. safety standards for a good reason. We about here. We are talking about one Three years ago, this Congress passed do not want people being killed on special interest group, the Teamsters. legislation which put into place 22 spe- roadways in the United States. Five For Members who are focused on mak- cific guidelines for the Department of thousand people a year are killed by ing sure that the U.S. remains com- Transportation. We have already ex- car-truck crashes in the United States. petitive and generates jobs, we need to ceeded those 22 guidelines, which are If we let those unsafe trucks in from know that failure of our commitments very, very important for us to meet, Mexico, that number will go up astro- means that U.S. manufacturers and but as my friend the gentleman from nomically. We cannot allow that. farmers are going to be hurt. Arizona (Mr. KOLBE) said, this is now This is a safety issue. This is not a I urge my colleagues to vote ‘‘no’’ on actually the 11th year since the land- trade issue. If they make sure that this amendment. mark passage of the North American they comply, they can come into the This issue is not about highway safe- Free Trade Agreement; and by the way, United States. Meet our standards. ty. It is not about consumer safety. It we need to realize that today we have is not about the environment. Pure and Meet the same standards that U.S. nearly a third of $1 trillion in cross- trucks and buses have to meet in this simple, this amendment is about border trade between Mexico and the protectionism. country. Let us not have one standard United States, having improved stand- for the U.S. and another standard for Mr. OLVER. Mr. Chairman, I yield 2 ard of living, the quality of life on both minutes to the gentlewoman from trucks and buses coming in from Mex- sides of the border. ico. Those that come in from Canada Michigan (Ms. KILPATRICK), a member Obviously, this issue is an important of the subcommittee. already are in compliance by 85, 95 per- one, but I will never forget a study I cent. Let us have fairness and, yes, pro- saw when this issue first came to the b 1130 tect but protect American lives on our forefront on truck safety. What it Ms. KILPATRICK. Mr. Chairman, I roadways. thank our ranking member for allow- found was that there were greater vio- Mr. OLVER. Mr. Chairman, may I ing me the 2 minutes. lations when it came to safety on ask how much time is remaining on I am a member of the subcommittee. trucks coming from Canada and on each side? We did have extensive debate on this trucks that existed right here in the The CHAIRMAN. The gentleman United States of America than there issue, but more than that, my district from Massachusetts (Mr. OLVER) has were on those coming from Mexico. is a border city. The State of Michigan 71⁄2 minutes remaining, and the gen- So, yes, we want to make sure that and the country of Canada border each tleman from Oklahoma (Mr. ISTOOK) we maintain the safety and the secu- other. Part of my district carries these has 81⁄2 minutes remaining. rity of our roads. That is a top priority. trucks and buses. Mr. ISTOOK. Mr. Chairman, I yield 2 We already have in place a mechanism What the Bush administration wants minutes to the gentleman from Ari- to do is to not have some trucks and to do just that. I urge a ‘‘no’’ vote on this amend- zona (Mr. KOLBE). buses, some foreign trucks and buses Mr. KOLBE. Mr. Chairman, I thank inspected. At a time of terrorism, is ment. Mr. OLVER. Mr. Chairman, I yield 2 the gentleman for yielding me time, that not about the Teamsters? At a and I just want to respond to a couple time of terrorism, inspection is what minutes to the gentleman from Min- nesota (Mr. OBERSTAR). of things that were said here today. all trucks and buses must have. As one This does not have anything, let me who represents thousands of people Mr. OBERSTAR. Mr. Chairman, I thank the gentleman for yielding me repeat it, this does not have anything who live in a border city, I want all the to do with the safety standards of the buses and trucks inspected, and so do the time. Mr. Chairman, the amendment of the trucks that are traveling on the roads all the people who live in my area. inside the borders of the United States. As the Bush administration asks for gentleman from Massachusetts will It does not have anything to do with some of them to be exempted, I think protect safety on our roads by requir- the safety standards of those trucks. It that is wrong. How can we talk about ing foreign commercial vehicles, that has to do with the labeling. It has to do terrorism on one hand and then want means trucks and buses, to meet the with when they were manufactured 10 to exempt some of the buses and trucks same standards as U.S. trucks and years ago these trucks were assembled, that come into my district and in other buses. This is not anti-NAFTA. This is they are usually U.S. trucks, they are border cities around the country? not a pro-Teamsters issue. I–35 goes The Olver amendment would not from my district all the way to the assembled perhaps in Mexico or Can- allow that administrative rule to go Mexican border. I do not want those ada, but they were not being assembled into effect. It is simple. It is not hard unsafe Mexican trucks rolling up into for use in the U.S. market so they do to understand. Thousands of buses and Minnesota, up into Duluth, rolling not have the label. It is hard now to go trucks come into my district every down the hill to Lake Superior and back and get that. day. We have the largest border cross- killing people. To come into the United States, ing in America, with over $1 billion of Our U.S. safety standards are set by every single standard that is required commerce coming every day. I want all the National Highway Traffic Safety of the truck here in the United States the buses and trucks inspected and in- Administration, inspected by the U.S. has to be met by that truck coming in spected thoroughly. I do not want any Department of Transportation, and re- from Mexico. Antilock brakes, all the exempted. quire a certification label. Yes, it does different things that are required of This is a good amendment. We must require a label and that label means trucks here, all those have to be prov- support it to protect American citizens something. It means that each vehicle en, and they have to be on there and who deserve our respect. has been built in compliance with U.S. exactly in the same way. Mr. ISTOOK. Mr. Chairman, I yield 3 standards, specifically antilock brakes, This simply has to do with a labeling minutes to the gentleman from Cali- automatic slack adjusters for heavy ve- requirement at the time of assembly of fornia (Mr. DREIER), the chairman of hicles and for trucks, rear underride that truck, and in many cases when it the Committee on Rules. guards that save lives when there is a took place 10 years ago, that label is (Mr. DREIER asked and was given rear-end accident. not readily available. So they have to permission to revise and extend his re- I have been at the border. I have seen go back to the manufacturer and get marks.) those trucks from Mexico. We funded all the information that is required.

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.028 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7343 The gentleman said there were 5,000 ple who operate the trucks in the U.S. neta’s speech, as we cannot count on people killed last year by truck-auto have to have these labels, which are the Department of Transportation to accidents, and I am sure he is correct meaningful. The Canadians have these act appropriately and in the public’s about that. How many of those people labels and standards, but these trucks interest by requiring foreign-built were killed by an uninspected truck in Mexico, many of which do not meet trucks and buses from meeting Federal coming into the United States from our standards, do not have the labels. motor vehicle safety standards. Mexico? How many of those were killed As the gentleman said, they are all The measures Congress has passed by that? Accidents occur, but they are going to be inspected. By whom? An- addressing safety have made progress not going to occur in any greater num- swer that question. The Mexicans will towards ensuring trucks on our high- ber because we have trucks coming in not allow Americans into Mexico to in- ways meet certain standards. It is not from Mexico that are going to be thor- spect them, the Mexicans are not in- just an issue of fairness. It is a matter oughly inspected, are going to meet all specting them, and we do not have of life and death. of the requirements, are going to meet enough people at the border. People The bottom line is, Mr. Chairman, everything that is required on any will die if we do not adopt this amend- the House cannot allow this adminis- truck that is operating on the roads in ment because of unsafe trucks entering tration to gut safety regulations or the United States, and the operator has our country. compromise environmental standards to meet the same kinds of standards. Mr. ISTOOK. Mr. Chairman, I reserve in the name of trade. Vote ‘‘yes’’ on Let me just make it clear that we are my time to close. the Olver amendment and defend the meeting the same kinds of standards. Mr. OLVER. Mr. Chairman, I yield 1 work of the Congress and defend the The trucking standards are not being minute to the gentlewoman from Texas work of American working families. (Ms. EDDIE BERNICE JOHNSON). changed. We are talking only about a b 1145 labeling issue. Ms. EDDIE BERNICE JOHNSON of This is a bogus amendment. It is a Texas. Mr. Chairman, I thank the gen- ANNOUNCEMENT BY THE CHAIRMAN protectionism amendment. It is de- tleman from Massachusetts (Mr. The CHAIRMAN. The Chair would resigned to keep Mexican trucks out of OLVER) very much for the time, and I mind Members to try to stay within the United States. It has nothing to do rise to speak in support of the amend- their time limits. with safety. ment. Mr. OLVER. Mr. Chairman, could Mr. OLVER. Mr. Chairman, I yield It is really just a common-sense you let me know again how much time myself 30 seconds. amendment that will uphold U.S. cer- each side has? If the gentleman says that this is tification for trucks to improve safety. The CHAIRMAN. The gentleman only about labeling, then they are still I do not think anybody can question from Massachusetts (Mr. OLVER) has going to have to get that label. The my record on trade. Seventy percent of 21⁄2 minutes remaining. The gentleman issue is that they could have started the economy in my district depends on from Oklahoma (Mr. ISTOOK) has 61⁄2 getting that label 30 months ago, and it trade. I voted for NAFTA, took a lot of minutes remaining. will be several months before the rule heat for it, but knew it was the right Mr. OLVER. Mr. Chairman, I yield can be promulgated in which they can thing to do at the time. 11⁄2 minutes to the gentleman from get the label. However, if we insist on our trucks North Carolina (Mr. BUTTERFIELD). All I am saying is, promulgate the being certified for safety, we should in- Mr. BUTTERFIELD. Mr. Chairman, I rule and let them get the label, and sist on others. We have code-sharing rise in support of this amendment. then they will be in fine shape. for our airlines, and a whole lot fewer Given the opportunity and a level play- Mr. Chairman, I yield 2 minutes to people get killed in airplane crashes ing field, I believe in the ability of the gentleman from Oregon (Mr. than on trucks. About 800 commercial American workers to operate their ve- DEFAZIO). drivers die each year in traffic crashes, hicles safely. Without this amendment, Mr. DEFAZIO. Mr. Chairman, this is and roughly 4,900 people die and 130,000 we put our workers at a great, great not like the label on a mattress that are injured from these large truck acci- disadvantage, allow our air to be un- says, ‘‘Do not remove under penalty of dents, and a lot of them occur in my duly polluted and make our highways law.’’ This is a meaningful certifi- district. less safe. cation of the manufacturing and the I–35 from Canada to Mexico has most The gentleman from Arizona says it proper equipping of these trucks. of it in Texas, and I can assure my col- is about the Teamsters. No, it is about There are many trucks operating in leagues that we see the crashes. We see the American people who use Amer- Mexico that do not meet U.S. stand- the trucks that are not safe, and that ica’s highways. If trucks from Mexico ards, and what is being advocated on is all we are asking for. are going to bring products into our that side is a new faith-based safety Mr. OLVER. Mr. Chairman, I yield country, using our highways, these standard. Why is it faith-based? Be- 11⁄2 minutes to the gentleman from New trucks need to be held to the same cause there is no meaningful inspection Jersey (Mr. PASCRELL). safety and emission standards to which going on in Mexico. These trucks do Mr. PASCRELL. Mr. Chairman, this our own trucks are held. not have a certification on the labels, is not about Mexican trade. This goes At present, Mexican trucks are not which they say are meaningless, and to the very issue of safety, besides tak- held to American standards for safety we do not have the inspectors at the ing our national sovereignty, our man- and emissions. Allowing an 18-wheel border to inspect them on the way in ufacturing base, the American jobs and truck loaded with 88,000 pounds of because they say we cannot afford it. Mexican jobs. Look at the data. cargo to speed over our highways with- That is what is going on here. NAFTA is now threatening the safety out ensuring that the vehicle is safe These trucks will flood into this of our constituents. simply makes no sense. country. No, there have not been a lot The decision by a faceless panel is re- Mexican drivers must be subject to of fatalities involving these trucks be- quiring our government to allow haz- the same level of scrutiny that we de- cause we do not let them go more than ardous trucks access to our roadways. mand of our American drivers with re- 20 miles from our border, but let them In testimony before the Senate Com- gard to training and recordkeeping and go rumbling up I–5 into Oregon and merce, Science and Transportation incident violations. Washington, let drivers who do not Committee on July 18, 2001, Secretary I respectfully urge support of this have to keep a logbook, they are not Mineta stated, ‘‘Every Mexican firm, commonsense amendment. trained like our drivers, they are un- vehicle and driver that seeks authority Mr. OLVER. Mr. Chairman, I yield derpaid, operating trucks that do not to operate in the U.S., at the border or myself the balance of my time. have the safety equipment of our beyond, must meet the identical safety Mr. Chairman, it is time to get on trucks, and people will die, plain and and operating standards that apply to with the implementation of NAFTA. simple. the U.S. and Canadian carriers.’’ To the gentleman from California, I Why should there be unequal treat- That is where it is at. It is a sad day say that my amendment makes abso- ment? Why? That is what my col- that the Olver amendment is des- lutely no distinction between Mexican leagues are advocating here. The peo- perately needed 3 years later after Mi- trucks, Canadian trucks or U.S. trucks.

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.033 H22PT1 H7344 CONGRESSIONAL RECORD — HOUSE September 22, 2004 It says all of them, as does the rule I oppose the amendment. We can talk Let me say this, Mr. Chairman, I had that is in process say all trucks must about what should be the notification originally been willing to support this meet U.S. safety standards. procedures and phase-ins and so forth, bill as it came out of committee, even What my amendment does say is that but let us make sure that we put the though many of us on this side of the we are not going to provide 24 more emphasis on the safety of the vehicles aisle thought the bill woefully inad- months after the 30 months that has al- in the condition they are in now, not equate in terms of funding levels for ready passed and the additional whether or not they were originally various transportation accounts. But months that are going to pass before manufactured to some different speci- the majority has been in a three-cor- the actual promulgation and effective fication. I oppose the amendment. nered feud with itself. The authorizing date of the rule. It does not provide an Mr. Chairman, I yield back the bal- committee and a number of others in additional 24 months for those trucks, ance of my time. the majority party caucus, for different all trucks, to meet the same set of The CHAIRMAN. The question is on reasons, have shredded this bill. They standards. I think that is absolutely the amendment offered by the gen- have knocked out, at this point, high- neutral on the issue of whether they tleman from Massachusetts (Mr. way aid to the States. They have are Canadian, U.S. or Mexican. It is OLVER). knocked out mass transit. They have saying, get on with it, promulgate it. The question was taken; and the knocked out funding for airport con- They had plenty of time to get their Chairman announced that the noes ap- struction. They have knocked out 80 certificate, their label, whatever it is peared to have it. percent of the Department of Transpor- that they needed. They have known for Mr. OLVER. Mr. Chairman, I demand tation funds that originally were con- a very long time. Let us get on with it. a recorded vote. tained in this bill. Support the amendment so that we The CHAIRMAN. Pursuant to clause In addition to that, we have received can do so. 6 of rule XVIII, further proceedings on no assurance whatsoever that the Mr. ISTOOK. Mr. Chairman, I yield the amendment offered by the gen- amendments that the House adopted myself the balance of my time. tleman from Massachusetts (Mr. would be retained in conference. In Mr. Chairman, I agree with the gen- OLVER) will be postponed. fact, we have essentially been told, be- tleman from Massachusetts and every Mr. OBEY. Mr. Chairman, I move to cause of the presidential threat of a speaker that has spoken about the need strike the last word. veto, that these amendments will once for the safety of trucks on the road. I Mr. Chairman, I would like to ask again be stripped in the conference. also agree and will work in conference the gentleman from Oklahoma a ques- That means that virtually all of the ac- on this bill to make sure that we do tion. tion that occurred on this floor has not have an inordinate phase-in period, We have had five or six amendments been meaningless with respect to the that we try to use some rationality adopted, the Van Hollen amendment, items that were debated today and late there. the Davis amendment on Cuba, the Lee last night. But let us understand the difference amendment on Cuba, the Waters I am certainly willing to meet my re- between many of the things that are amendment on Cuba, the Stenholm sponsibilities to help move bills for- said and what this amendment actually amendment on debt ceiling and, I be- ward, even if I do not always agree proposes to do. Now, we heard one lieve, one other. Last year, we had the with their content, provided the major- speaker talk about how he does not experience of seeing a good many ity party itself takes its duty seri- want trucks coming up from Mexico amendments which had been adopted ously. But if the majority party itself, along I–35, all the way up to Min- on this floor to this and several other if the majority party leadership itself nesota, that are unsafe. Well, believe bills evaporate as soon as they went to will not defend their own legislative me, I do not either, because they can- conference. product as it comes out of the com- not get there without coming through I would like to know whether the mittee, I certainly do not see why I Oklahoma and my district, and I do not gentleman can assure us that he will should, especially when House actions, want unsafe trucks on I–35 as they insist on retaining each of these given the arbitrary action of the au- come through Oklahoma either. amendments and will not bring this thorizing committee, have turned this But this amendment is not about bill back from conference if these bill into a cadaver. whether a vehicle is safe. It is not amendments do not stay in the con- So, at this point, I intend to vote about whether it is in safe operating ference this year. ‘‘no,’’ because I am not going to vote condition. The amendment is about Mr. ISTOOK. Mr. Chairman, will the for a bill which effectively cuts more what was the condition of the vehicle gentleman yield? than half the dollar resources out of at the time it was originally manufac- Mr. OBEY. I yield to the gentleman this bill and which effectively cuts 80 tured, not what the condition is now. from Oklahoma. percent of the transportation funding Everybody that owns or uses a vehicle, Mr. ISTOOK. Mr. Chairman, I cer- out of the bill just because some people a car or a truck or a bus or anything, tainly appreciate the gentleman’s in this House happen to think that knows that things get modified; things point, and he is well aware that the committee jurisdiction is more impor- are retrofitted. controversial amendments which re- tant than being responsible. We have the law, and they enforce it late to Cuba always bring up a lot of Mr. ISTOOK. Mr. Chairman, I move at the border. If a vehicle is going to heat in the debate in this House. Those to strike the last word. come in and move into the interior of amendments are subject to a presi- Mr. Chairman, I think it is important the United States, it has to be in safe dential veto. We have had the message that I give a response of sorts to my operating condition. It has to be in a from the White House in the statement friend from Wisconsin. We all know condition that meets our standards. of administrative policy, which is very that, for parliamentary reasons, there But that vehicle might not have origi- unequivocal in indicating the Presi- have been points of order raised that nally been manufactured to those dent would veto the bill over Cuba. resulted in certain things being taken standards. It may have been retro- This is why, in past years, the gen- from this bill. However, every Member fitted. tleman has certainly seen that amend- should be aware, and I certainly want The gentleman’s amendment says, ment, as the gentleman phrases it, to emphasize to the gentleman from well, unless you have certification that evaporate or at least not come through Wisconsin, the ranking member of the it was in that condition at the time it in the conference report to the same full committee, everyone is aware that was first built, no matter how many degree before. My responsibility, as the those items relating to transportation years ago that was, unless that is the gentleman appreciates, is to produce a funding are going to be reinstated in case, we are not going to let them in. bill that will pass into law. I am unable conference. The conference report will It is aimed at the companies that have to give him the assurance that he is not be subject to the same parliamen- trucks that have been retrofitted that seeking, and I am sure he understands tary points of order that caused the are perfectly safe. That is what it is why, although he is not pleased by it. problem. aimed at. It is trying to remove their Mr. OBEY. Reclaiming my time, Mr. So if any Member is concerned about, ability to compete and give competi- Chairman, I thank the gentleman for well, my goodness, what are we accom- tive advantages to other companies. his candor. plishing through this bill, the answer

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.036 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7345 is, we are creating the mechanism that strong support for the $15 million in States and Federal highway-airport allows us to fund transportation in the funding that the Committee on Appro- improvement grants; transit formula United States of America. Whatever priations has recommended for this grants; the highway safety grants, may not be in the bill at this moment year. gone. All of that is true. can be restored in conference. But we Establishing the EAC was delayed in However, I am going to vote for the do not get there if we do not pass this 2003, and because of that, the full com- bill because the only way and the only House bill. And if Members want to missioners were not appointed until place that this bill can be put back to- telegraph that they do not care about December 2003, and the EAC was woe- gether and the serious problems fixed funding for transportation or they do fully underfunded for fiscal 2004. is in the conference. I believe that we not care about funding for transpor- b 1200 are going to have to work very hard tation needs and projects in their dis- within that conference in order to trict, there is probably no better way Yet despite these obstacles, the four make certain that those fundings and to indicate that than by voting against commissioners have worked diligently those problems are dealt with properly, the bill. to ensure timely progress on the elec- but I am willing to work with the Now, I understand the gentleman tion reform that Congress envisioned chairman to try to do that. I hope that from Wisconsin. His opposition is not when it passed HAVA 2 years ago. The we will be able to rectify enough of toward funding transportation. I un- EAC commissioners have used their those problems in conference that we derstand he is concerned about the collective commitment, skills, and can produce a bill that will have Cuba provisions and whether they will dedication to disburse to States the strong, enthusiastic, bipartisan sup- endure in the final report. But to every $2.3 billion in HAVA payments that port. So I will vote for the bill. Member of this body it is important was appropriated for fiscal year 2004. Mr. ISTOOK. Mr. Chairman, I move that we advance this bill to the con- At the same time, EAC is working to strike the last word. ference with the Senate, which enables closely with State and local election Mr. Chairman, I appreciate the com- us to resolve the parliamentary prob- administrators to make certain they ments of the gentleman from Massa- lems with our own rules to put in the implement HAVA requirements for chusetts (Mr. OLVER). He is certainly transportation funding and, of course, Provisional Voting, Voter Identifica- correct that the only mechanism to fix the funding that will benefit the indi- tion, Polling Place Signage, and State the problems with the bill, the par- vidual Members in their States and in Administrative Complaint Procedures liamentary problems, is moving it to a their districts and the projects in their that must be in place for this year’s conference with the Senate, which re- areas. It is important to know who sup- elections. quires House passage as a prelude to ports that. Mr. Chairman, these are not abstract that, and I appreciate that. Mr. OBEY. Mr. Chairman, will the provisions. Rather, they are voter re- Mr. Chairman, I do wish to enter into gentleman yield? form measures mandated by Congress a colloquy with the gentleman from Mr. ISTOOK. I yield to the gen- to ensure that every eligible citizen Texas (Mr. SESSIONS). tleman from Wisconsin. can register, vote, and know that their Mr. SESSIONS. Mr. Chairman, will Mr. OBEY. Mr. Chairman, I thank vote can be counted in a timely and the gentleman yield? the gentleman for yielding, and let me fair manner. We are just weeks away Mr. ISTOOK. I yield to the gen- simply say that I am not only con- from the November 2 elections, which tleman from Texas. cerned with the Cuba provisions, I am will be the first Federal election since Mr. SESSIONS. Mr. Chairman, I very much concerned with the trans- HAVA was enacted. thank the distinguished gentleman portation items. And I am not about to Free and fair elections are the heart from Oklahoma (Mr. ISTOOK) for yield- go on record voting for a bill which has of our democracy. We do not want to ing to me for the opportunity to en- cut these bills, in essence, almost 80 repeat what happened in November, gage in a colloquy. percent below last year’s level in terms 2000. Yet we jeopardize the quality of As the chairman knows, I have done of transportation items. our elections if we shortchange the a great deal of work on waste, fraud, I have seen the majority party’s cam- EAC’s ability to operate, conduct re- and abuse in the Congress. And in par- paign committee play games with that search, set standards for voting sys- ticular, I rise today to discuss the ef- too often, and I do not expect to see tems, and conduct audits of the HAVA forts that are underway in our govern- ads run against Members of the Con- funding that is being paid to States. ment to address ongoing fraud that is gress because they voted for a product H.R. 5025 provides $15 million for the costing our highway trust fund untold which the majority party itself is ask- United States Election Assistance sums. ing them to vote for. That has hap- Commission. Without this funding, we There is a significant problem going pened too many times for me to be cannot guarantee full implementation on in every State of this great Nation suckered by that one. of this landmark act, the Help America that is not only taking money from Mr. ISTOOK. Reclaiming my time, Vote Act of 2002. desperately needed transportation Mr. Chairman, I reemphasize that this Mr. OLVER. Mr. Chairman, reclaim- projects but funding organized crime bill is the vehicle for the transpor- ing my time, this year’s Transpor- activities and quite possibly terrorist tation funding. It goes to the con- tation and Treasury bill was brought activities. The issue is not glamorous ference with the Senate. The things to the floor with great hopes. It had and it is not dangerous. It is not pun- that were stricken on points of order been improved substantially in sub- ishable by high criminal penalties and, can then be restored and will be re- committee and again in full com- therefore, receives little attention. The stored. A vote against this bill is a vote mittee, and improvements have been issue is the fraudulent use of off-road against the transportation funding made, indeed, on the floor of this body untaxed diesel fuel as taxable on-road that is important to every Member. It last week and yesterday and today. diesel. This type of fraud leads to a is important to their States and impor- There were already some serious profit of nearly 50 cents a gallon in tant to projects in their districts. problems like the Amtrak problem, combined Federal and State taxes. Mr. OLVER. Mr. Chairman, I move to which we have talked about; the Fed- It may not sound like much. Some strike the last word. eral Transit Administration’s New estimates, however, have shown that Mr. Chairman, I yield to the gen- Starts program, which we have talked well over $1 billion a year is lost in tax tleman from South Carolina (Mr. CLY- about; and the Tax Law Enforcement revenue. In the scope of our national BURN), the vice chair of my caucus. program, which we talked about. Those budget, some think $1 billion or $2 bil- (Mr. CLYBURN asked and was given problems remain there. And because of lion does not seem like a great amount, permission to revise and extend his re- the reasons that my ranking member and it is not the type of thinking that marks.) of the full committee has already will ensure the problems like these will Mr. CLYBURN. Mr. Chairman, I want given, we have had a situation where ever get resolved. to call attention to the important much of the bill has been struck by Fortunately, the Internal Revenue work of the United States Election As- broad points of order, leaving us with Service has been examining tech- sistance Commission and issue my very limited funding, no grants to the nologies for the past few years that

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.082 H22PT1 H7346 CONGRESSIONAL RECORD — HOUSE September 22, 2004 will give them better tools to fight this parliamentary obstacles that we had The Clerk will redesignate the type of fraud. Make no mistake, those earlier in the debate, they have pro- amendment. involved in this type of fraud are well duced, what I think will be, a highly The Clerk redesignated the amend- financed, smart business people that le- acceptable bill. ment. I would like to say, Mr. Chairman, verage technology at every oppor- RECORDED VOTE tunity. I think it is time that we re- this is number 12 of the 13 regular ap- The CHAIRMAN. A recorded vote has spond in kind. In order to support the propriations bills. There is only one been demanded. IRS’s efforts in finishing this fight, re- more to go to the floor. But I also want quests have been submitted to the our colleagues to know that the Com- A recorded vote was ordered. chairman to fund a pilot program to mittee on Appropriations had com- The vote was taken by electronic de- put technology out in the field. What is pleted work on all 13 bills prior to the vice, and there were—ayes 188, noes 225, so unique about this pilot project is August summer work period. So we not voting 20, as follows: that we will see immediate returns. have been prepared to move the bills as [Roll No. 461] The last time the IRS implemented a time became available on the floor. AYES—188 program to combat this type of fraud, This is a good bill. As I have said, Abercrombie Hoeffel Otter there was a 22.5 percent increase in tax there were some parliamentary prob- Allen Honda Owens collections in the first 12 months. This lems that I suggested will need to be Baca Hooley (OR) Pastor Baldwin pilot project will pay for itself and will repaired when we get to conference. Houghton Paul Becerra Hoyer Payne lead to a national program that will re- And I am being optimistic when I say Bell Inslee Pelosi cover potentially billions of dollars it will get to conference. We are hoping Berman Israel Peterson (MN) that are so desperately needed for our there will be a conference. We would Berry Jackson (IL) Peterson (PA) Biggert Jackson-Lee highways. like to conclude our appropriations Pomeroy Bishop (NY) (TX) Price (NC) business before we break for the elec- Blumenauer Jefferson I would like the chairman, if he Rahall Bono John could, to comment on this pilot tion. Ramstad Boozman Johnson (CT) I understand why the gentleman Rangel project, please. Boswell Johnson (IL) Reyes Mr. ISTOOK. Mr. Chairman, reclaim- from Wisconsin (Mr. OBEY) has sug- Boucher Johnson, E. B. ing my time, I thank the gentleman gested that he would vote against this Brady (PA) Jones (OH) Ross Brown (OH) Kanjorski Roybal-Allard from Texas for his comments. As he bill. Ruppersberger I am going to vote for it, and I think Butterfield Kaptur knows, we are very aware of this issue, Capps Kildee Rush and we are concerned about the level of it is worthy of a ‘‘yes’’ vote. Capuano Kilpatrick Ryan (OH) tax evasion and fraud that is under- Mr. OBEY. Mr. Chairman, will the Cardoza Kind Ryan (WI) Sabo way. We want to arm the IRS with the gentleman yield? Carson (IN) Kleczka Mr. YOUNG of Florida. I yield to the Carson (OK) Kucinich Sa´ nchez, Linda best technology and an overall pro- Clay Lampson T. gram not only to combat the fraud but gentleman from Wisconsin. Clyburn Langevin Sanchez, Loretta to locate those perpetrating the fraud Mr. OBEY. Mr. Chairman, I would Conyers Lantos Sanders Cooper Larsen (WA) Sandlin and put them out of business perma- just observe the gentleman said this is a good bill. There is not anything left Costello Larson (CT) Schakowsky nently. There is report language to this Cramer Latham Scott (GA) effect in this bill. I understand my of this bill except the enacting clause; Crowley Leach Scott (VA) that is in great shape. Outside of that, Cummings Lee Serrano counterpart in the Senate, Mr. SHELBY, Davis (CA) Levin Shays is aware of the issue as well. We will be it is a hollow shell. Mr. YOUNG of Florida. Mr. Chair- Davis (IL) Lewis (GA) Shimkus working with him in conference to Davis (TN) Lipinski man, reclaiming my time, what is left, Slaughter have a strong position in the final bill. DeFazio Lofgren Smith (WA) Mr. SESSIONS. Mr. Chairman, will is a good bill. And whatever repairs DeGette Lowey Snyder need to be made will be made in the Delahunt Lucas (KY) Solis the gentleman yield? DeLauro Lynch conference. So I urge the Members to Stark Mr. ISTOOK. I yield to the gen- Dicks Majette Stenholm tleman from Texas. vote against the motion to recommit Dingell Maloney Strickland Mr. SESSIONS. Mr. Chairman, I and for final passage on the bill. Doggett Markey Stupak Dooley (CA) Matheson Tanner thank the chairman for his diligent ANNOUNCEMENT BY THE CHAIRMAN Doyle McCarthy (MO) Tauscher The CHAIRMAN. The Chair would Edwards McCarthy (NY) work on this issue and others who are Taylor (MS) Emanuel McCollum also doing so, and I want to thank him call to the Members’ attention the pro- Thompson (CA) Emerson McDermott visions of clause 1 of rule XVII regard- Thompson (MS) for his hard work on behalf of all Eshoo McGovern Tiberi Americans. And I thank the gentleman ing the wearing of communicative Evans McNulty badges on the floor, which has been in- Farr Meehan Tierney for engaging in this colloquy. Towns terpreted to proscribe the wearing of Fattah Michaud Mr. ISTOOK. Mr. Chairman, reclaim- Filner Miller, George Turner (TX) ing my time, I believe we will complete such, and the Chair would request that Flake Mollohan Udall (CO) debate on this bill after we hear from any Members who are doing so remove Ford Moore Udall (NM) Upton the chairman of the full committee. them when recognized for debate. Frank (MA) Moran (KS) Gonzalez Moran (VA) Van Hollen I do want to express my appreciation SEQUENTIAL VOTES POSTPONED IN COMMITTEE Gordon Nadler Vela´ zquez to the staff that has worked so dili- OF THE WHOLE Graves Napolitano Visclosky gently on this: Our chief clerk of the The CHAIRMAN. Pursuant to clause Grijalva Neal (MA) Waters 6 of rule XVIII, proceedings will now Harman Nethercutt Watson subcommittee, Rich Efford; a member Herger Nussle Watt of my personal staff, Kurt Conrad; and resume on those amendments on which Herseth Oberstar Waxman also on the subcommittee staff, further proceedings were postponed in Hill Obey Weiner Cheryle Tucker, Leigha Shaw, Dena the following order: the amendment of- Hinchey Olver Woolsey Hinojosa Osborne Wynn Baron, and Kristen Jones. Without fered by the gentleman from New York them nothing could be accomplished. (Mr. RANGEL), the amendment offered NOES—225 This bill merits the support of every by the gentleman from Massachusetts Ackerman Bishop (UT) Burr Member of this body, and I ask that (Mr. OLVER). Aderholt Blackburn Burton (IN) The Chair will reduce to 5 minutes Akin Blunt Buyer people support it accordingly and pass Alexander Boehlert Calvert it. the time for the second electronic vote. Andrews Boehner Camp Mr. YOUNG of Florida. Mr. Chair- AMENDMENT OFFERED BY MR. RANGEL Bachus Bonilla Cantor man, I move to strike the last word. The CHAIRMAN. The pending busi- Baker Boyd Capito Ballenger Bradley (NH) Cardin Mr. Chairman, I rise to compliment ness is the demand for a recorded vote Barrett (SC) Brady (TX) Carter the gentleman from Oklahoma (Mr. on the amendment offered by the gen- Bartlett (MD) Brown (SC) Case ISTOOK) and the gentleman from Massa- tleman from New York (Mr. RANGEL) Barton (TX) Brown, Corrine Castle chusetts (Mr. OLVER), the ranking on which further proceedings were Bass Brown-Waite, Chabot Beauprez Ginny Chandler member, for having brought this bill to postponed and on which the noes pre- Berkley Burgess Chocola a successful conclusion. Despite some vailed by voice vote. Bilirakis Burns Coble

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.041 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7347

Cole Hunter Putnam RECORDED VOTE Reyes Shaw Thompson (MS) Collins Hyde Quinn Reynolds Shays Tierney Cox Isakson Radanovich The CHAIRMAN. A recorded vote has Rodriguez Sherman Towns Crane Issa Regula been demanded. Rogers (AL) Sherwood Turner (OH) Crenshaw Istook Rehberg A recorded vote was ordered. Rogers (KY) Shimkus Turner (TX) Cubin Jenkins Renzi Rogers (MI) Shuster Udall (CO) Culberson Johnson, Sam Reynolds The CHAIRMAN. This will be a 5- Rohrabacher Simmons Udall (NM) Cunningham Jones (NC) Rodriguez minute vote. Ros-Lehtinen Simpson Upton Davis (AL) Keller Rogers (AL) Ross Skelton Van Hollen The vote was taken by electronic de- ´ Davis (FL) Kelly Rogers (KY) Rothman Slaughter Velazquez Davis, Jo Ann Kennedy (MN) vice, and there were—ayes 339, noes 70, Rogers (MI) Roybal-Allard Smith (MI) Visclosky Davis, Tom Kennedy (RI) Royce Smith (NJ) Walden (OR) Rohrabacher not voting 24, as follows: Deal (GA) King (IA) Ruppersberger Smith (WA) Walsh Ros-Lehtinen DeLay King (NY) [Roll No. 462] Rush Snyder Wamp Rothman DeMint Kingston AYES—339 Ryan (OH) Solis Waters Deutsch Kline Royce Ryan (WI) Souder Watson Diaz-Balart, L. Knollenberg Ryun (KS) Abercrombie Engel Lampson Ryun (KS) Spratt Watt Diaz-Balart, M. Kolbe Saxton Ackerman English Langevin Sabo Stark Waxman Doolittle LaHood Schiff Akin Eshoo Lantos Sa´ nchez, Linda Stearns Weiner Dreier LaTourette Schrock Alexander Etheridge Larsen (WA) T. Stenholm Weldon (PA) Duncan Lewis (CA) Sensenbrenner Allen Evans Larson (CT) Sanchez, Loretta Strickland Weller Dunn Lewis (KY) Sessions Andrews Everett Latham Sanders Stupak Whitfield Ehlers Linder Shadegg Baca Farr LaTourette Sandlin Sullivan Wilson (NM) Engel LoBiondo Shaw Bachus Fattah Leach Saxton Sweeney Wilson (SC) English Lucas (OK) Sherman Baldwin Feeney Lee Schakowsky Tancredo Wolf Etheridge Marshall Sherwood Bass Ferguson Levin Schiff Tanner Woolsey Everett Matsui Shuster Beauprez Filner Lewis (GA) Scott (GA) Tauscher Wu Feeney McCotter Simmons Bell Foley Lewis (KY) Scott (VA) Taylor (MS) Wynn Ferguson McCrery Simpson Berkley Forbes Lipinski Sensenbrenner Terry Young (AK) Berman Ford Foley McHugh Skelton LoBiondo Serrano Thompson (CA) Young (FL) Berry Fossella Lofgren Forbes McIntyre Smith (MI) Bilirakis Frank (MA) Lowey NOES—70 Fossella McKeon Smith (NJ) Bishop (NY) Frelinghuysen Lucas (KY) Franks (AZ) Meek (FL) Smith (TX) Aderholt Dooley (CA) Ose Blumenauer Frost Lucas (OK) Frelinghuysen Menendez Souder Baker Dreier Otter Boehlert Gallegly Lynch Frost Mica Spratt Ballenger Dunn Oxley Bono Gerlach Majette Gallegly Miller (MI) Barrett (SC) Flake Pearce Stearns Boozman Gibbons Maloney Garrett (NJ) Miller (NC) Sullivan Bartlett (MD) Franks (AZ) Pence Gerlach Miller, Gary Boswell Gilchrest Markey Barton (TX) Garrett (NJ) Sweeney Boucher Gillmor Marshall Pitts Gibbons Murtha Tancredo Biggert Granger Pryce (OH) Gilchrest Musgrave Boyd Gingrey Matheson Taylor (NC) Blackburn Hastings (WA) Radanovich Gillmor Myrick Bradley (NH) Gonzalez Matsui Blunt Herger Terry Ramstad Gingrey Neugebauer Brady (PA) Goode McCarthy (MO) Boehner Istook Thomas Renzi Goode Ney Brown (OH) Goodlatte McCarthy (NY) Bonilla Johnson, Sam Thornberry Goodlatte Northup Brown (SC) Gordon McCollum Brady (TX) Keller Schrock Tiahrt Granger Norwood Brown, Corrine Graves McCotter Cantor Kennedy (MN) Sessions Toomey Green (TX) Nunes Brown-Waite, Green (TX) McDermott Carter Kingston Shadegg Turner (OH) Green (WI) Ortiz Ginny Green (WI) McGovern Chocola Knollenberg Smith (TX) Vitter Gutierrez Ose Burgess Grijalva McHugh Collins Kolbe Taylor (NC) Gutknecht Oxley Walden (OR) Burns Gutierrez McIntyre Crane Lewis (CA) Thomas Hall Pallone Walsh Burr Gutknecht McKeon Cubin Linder Thornberry Harris Pascrell Wamp Burton (IN) Hall McNulty Culberson McCrery Tiahrt Hastings (FL) Pearce Weldon (FL) Butterfield Harman Meehan Davis, Tom Musgrave Tiberi Buyer Harris Meek (FL) Hastings (WA) Pence Weldon (PA) DeLay Myrick Toomey Calvert Hastings (FL) Menendez Hayes Petri Weller DeMint Nethercutt Vitter Whitfield Camp Hayes Mica Hayworth Pickering Diaz-Balart, L. Nunes Weldon (FL) Hefley Pitts Wilson (NM) Capito Hayworth Michaud Diaz-Balart, M. Osborne Hobson Platts Wilson (SC) Capps Hefley Miller (MI) Holden Pombo Wolf Capuano Herseth Miller (NC) NOT VOTING—24 Holt Porter Wu Cardin Hill Miller, Gary Baird Greenwood Millender- Cardoza Hinchey Miller, George Hostettler Portman Young (AK) Becerra Hart McDonald Carson (IN) Hinojosa Mollohan Hulshof Pryce (OH) Young (FL) Bishop (GA) Hensarling Miller (FL) Carson (OK) Hobson Moore Bishop (UT) Hoekstra Murphy NOT VOTING—20 Case Hoeffel Moran (KS) Bonner Jones (NC) Castle Holden Moran (VA) Tauzin Baird Hart Millender- Cannon Kirk Chabot Holt Murtha Wexler Bishop (GA) Hensarling McDonald Cox Manzullo Chandler Honda Nadler Wicker Bonner Hoekstra Miller (FL) Gephardt McInnis Clay Hooley (OR) Napolitano Cannon Kirk Murphy Goss Meeks (NY) Clyburn Hostettler Neal (MA) Gephardt Manzullo Tauzin Coble Houghton Neugebauer Goss McInnis Wexler b 1243 Cole Hoyer Ney Greenwood Meeks (NY) Wicker Conyers Hulshof Northup Mrs. CUBIN and Mr. OTTER changed Cooper Hunter Norwood their vote from ‘‘aye’’ to ‘‘no.’’ b 1234 Costello Hyde Nussle Mr. EVERETT changed his vote from Cramer Inslee Oberstar Messrs. ALEXANDER, REHBERG, Crenshaw Isakson Obey ‘‘no’’ to ‘‘aye.’’ PALLONE, and DEUTSCH changed Crowley Israel Olver So the amendment was agreed to. Cummings Issa Ortiz The result of the vote was announced their vote from ‘‘aye’’ to ‘‘no.’’ Cunningham Jackson (IL) Owens as above recorded. Mr. HERGER and Mr. BOOZMAN Davis (AL) Jackson-Lee Pallone Stated for: changed their vote from ‘‘no’’ to ‘‘aye.’’ Davis (CA) (TX) Pascrell Mr. BECERRA. Mr. Chairman, earlier today So the amendment was rejected. Davis (FL) Jefferson Pastor Davis (IL) Jenkins Paul my floor vote was not recorded on rollcall No. The result of the vote was announced Davis (TN) John Payne 462, the Olver amendment to H.R. 5025, the as above recorded. Davis, Jo Ann Johnson (CT) Pelosi Deal (GA) Johnson (IL) Peterson (MN) Transportation and Related Agencies Appro- AMENDMENT OFFERED BY MR. OLVER DeFazio Johnson, E. B. Peterson (PA) priations for FY 2005. The CHAIRMAN. The pending busi- DeGette Jones (OH) Petri Mr. Chairman, had I voted on the Olver ness is the demand for a recorded vote Delahunt Kanjorski Pickering DeLauro Kaptur Platts amendment, I would have unequivocally voted on the amendment offered by the gen- Deutsch Kelly Pombo ‘‘aye’’ on rollcall vote No. 462. tleman from Massachusetts (Mr. Dicks Kennedy (RI) Pomeroy The CHAIRMAN. The Clerk will read OLVER) on which further proceedings Dingell Kildee Porter the last three lines. Doggett Kilpatrick Portman were postponed and on which the noes Doolittle Kind Price (NC) The Clerk read, as follows: prevailed by voice vote. Doyle King (IA) Putnam This Act may be cited as the ‘‘Transpor- The Clerk will redesignate the Duncan King (NY) Quinn tation, Treasury, and Independent Agencies amendment. Edwards Kleczka Rahall Appropriations Act, 2005’’. Ehlers Kline Rangel The Clerk redesignated the amend- Emanuel Kucinich Regula Ms. MILLENDER-MCDONALD. Mr. Chair- ment. Emerson LaHood Rehberg man, I want to commend the Transportation

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4634 Sfmt 9920 E:\CR\FM\A22SE7.008 H22PT1 H7348 CONGRESSIONAL RECORD — HOUSE September 22, 2004 Appropriation Subcommittee for including in funding current levels and twenty percent sup- provements will create layered security coun- this years Transportation Appropriation bill, $9 ported increasing the funding level. termeasures to address the ‘openness’ of the million for the hiring and training for the next Mr. Chairman, I request that the House sup- Amtrak system in critical areas.’’ Now is not generation of air-traffic controllers. port the $1.2 billion FY 05 level that was re- the time to limit Mr. Gunn’s resources to As a senior member on the Aviation Sub- cently passed by the Senate Transportation/ harden targets on the railroad’s infrastructure, committee, we are well aware that air traffic Treasury Appropriations Subcommittee. This improve passenger safety, and strengthen ef- controllers are retiring at a quicker pace than Senate funding level is equal to the amount forts to facilitate an effective first responder re- they are being hired. that Congress appropriated to Amtrak in FY sponse to a terrorist incident involving Amtrak. Over 50 percent of the air traffic controller 04 and is well short of the $1.8 billion re- Mr. Chairman, I understand the budget re- workforce will retire within the next 10 years. quested by Amtrak CEO David Gunn to constraints that the committee is dealing with in Industry believes that the Federal Aviation tinue his 5-year strategic plan for the railroad. crafting this appropriations bill but now is not Administration (FAA) must hire 1000 air traffic It may not be enough to implement Mr. Gunn’s the time to reduce our support for Mr. Gunn’s controllers a year for the next three years to full plan for FY 05 but passage of the Senate effort to rebuild Amtrak’s aging infrastructure provide the necessary staffing levels and pre- level is vital to continue to address the ac- and secure the railroad from potential terrorist pare for the wave of air traffic controller retire- knowledged ‘‘backlog’’ of security and infra- attack. ments. structure needs on the Northeast Corridor—a The CHAIRMAN. Are there further Authorizers and appropriators may disagree backlog that threatens the continuation of safe amendments? on a quite a bit, especially on this bill, but the and reliable passenger rail operations in the If not, pursuant to the rule, the Com- safety and security of the flying public is an northeast region. That funding level is also mittee rises. issue we can all agree on. necessary for Amtrak to continue to implement Accordingly, the Committee rose; This $9 million is a good first step. However, a system wide security plan. and the Speaker pro tempore (Mr. aside from funding we must also strive to train In a July 17th interview with National Jour- SHIMKUS) having assumed the chair, and hire the next generation of air traffic con- nal, Amtrak President and CEO David Gunn Mr. GILLMOR, Chairman of the Com- trollers that more accurately represents Amer- said that if Amtrak were appropriated $900 mittee of the Whole House on the State ican society and the flying public. million in FY 05, the railroad would have to of the Union, reported that that Com- By that I mean, in 2003 the following is a layoff 2,000 maintenance workers and close mittee, having had under consideration break down of the percentage of the air-traffic all major maintenance shops, including those the bill (H.R. 5025) making appropria- controller hirings: 18 percent women; 1 per- in my home state of Delaware. As the U.S. tions for the Departments of Transpor- cent African American; 1 percent Hispanics; 1 economy continues to recover, we should not tation and Treasury, and independent percent Asians; and 0 percent Native Ameri- be cutting federal support for Amtrak work that agencies for the fiscal year ending Sep- cans. will lead to jobs for our constituents. At the tember 30, 2005, and for other purposes, Unfortunately, these hiring percentages are end of June, Mr. Gunn released the com- pursuant to House Resolution 770, he following an all to familiar pattern that has al- pany’s annual update of its strategic five-year reported the bill back to the House ready been established at the FAA. plan that continues the focus of returning the with sundry amendments adopted by For example, in 2003 the following is a railroad to a state of good repair. the Committee of the Whole. breakdown of the air traffic controller work- The plan addresses problems including The SPEAKER pro tempore. Under force made up of the following percentages of aging interlockings, rail ties, bridges, catenary the rule, the previous question is or- women and minorities: 18 percent women; 1 hardware, and sets aside capital for major dered. percent African American women; 1 percent fleet overhauls. The plan will remove most of Is a separate vote demanded on any Hispanic women; 0 percent Asian women; and the immediate safety threats to continued amendment adopted in the Committee 0 percent Native American women. service and vastly improve reliability and on- of the Whole? We have a historic opportunity before us. time performance. By continuing the imple- Mr. HOYER. Mr. Speaker, I ask for a We are facing a time when we must make un- mentation of Mr. Gunn’s five-year plan, we separate vote on the Stenholm amend- precedented investments into our air traffic would remove the immediate impediments to ment trying to contain the national controller workforce. daily service on the Northeast Corridor. Am- debt. I ask this Congress—and this Administra- trak has made real headway in this work and The SPEAKER pro tempore. Is there tion, to make the effort to reach out to women it would be a shame to slow or scale back this a separate vote demanded on any other and minorities so that we may revamp our effort. amendment? If not, the Chair will put workforce to be a replica of our society as a The National Journal article also detailed them en gros. whole. that as a result of the management changes The amendments were agreed to. Thank you Mr. Chairman. I look forward to during Mr. Gunn’s tenure, Amtrak has kept its The SPEAKER pro tempore. The working with you and the Ranking Member on expenses flat. By contrast, from 1997 to 2001, Clerk will designate the amendment on this very important issue as this bill moves to expenses grew at an average rate of 8.5 per- which a separate vote has been de- conference with the Senate. cent a year. The company has taken on no manded. Mr. CASTLE. Mr. Chairman, I rise today in additional debt since the federal government’s The text of the amendment is as fol- opposition to this bill. Members of this House loan in the summer of 2002. Passenger rider- lows: chose to strip funding for Amtrak from this bill ship through the first eight months of FY 2004 Amendment: simply because the necessary agreement is 16.2 million, up 6.2 percent over the same At the end of the bill, insert after the last could not be reached on a floor rule to con- period in the last fiscal year. From February to section (preceding the short title) the fol- sider this legislation that would have protected May of 2004, the railroad has sustained four lowing new section: Amtrak. Since the end of Fiscal Year 2002 consecutive months of all time record ridership SEC. ll. None of the funds appropriated by this Act may be used by the Secretary of when Amtrak was last authorized, Congress and, should the trend continue through the the Treasury to implement, pursuant to sec- has continued to keep its commitment to our end of the fiscal year, will exceed 25 million tions 8348(j)(1) and 8348(l)(2) of title 5, United nation’s rail passengers by funding Amtrak passengers for the first time. States Code, any suspension of issuance of and ensuring that the nations trains continue Mr. Gunn’s plan also includes a system obligations of the United States for purchase to operate. We must continue that commit- wide security plan in the wake of the earlier by the Civil Service Retirement and Dis- ment as Congress continues to debate the railroad bombing this year in Spain that killed ability Fund, to implement, pursuant to sec- right path for Amtrak’s future through a reau- more than 200 people and injured more than tions 8438(g)(1) and 8438(h)(2) of such title, thorization bill. 1,600. The FBI announced earlier this year any suspension of issuance of obligations of I am shocked that Members of this House that they have credible intelligence that the the United States for purchase by the Thrift Savings Fund for the Government Securities would consider shutting down Amtrak in this nation’s railroads are being targeted for ter- Investment Fund, or to implement, pursuant manner, when a large majority of Americans rorist attack. Amtrak’s security plan includes to section 8348(k)(1) of such title, any sale or favor continuing federal subsidies to Amtrak, the following: Securing key infrastructure, dis- redemption of securities, obligations, or and a substantial percentage would increase patching and control centers; Emphasizing de- other invested assets of the Civil Service Re- federal funding so the ailing passenger rail- tection and prevention at stations and on- tirement and Disability Fund before matu- road can enhance its service. Fifty-one per- board trains; Improving train communications rity. cent of respondents in an August 2002 Wash- and incident command systems. The plan The SPEAKER pro tempore. The ington Post poll supported keeping Amtrak’s states that ‘‘Physical and technological im- question is on the amendment.

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.028 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7349 The question was taken; and the Mica Rahall Souder Mr. OBEY. In its present form, I cer- Speaker pro tempore announced that Michaud Ramstad Spratt tainly am. Miller (MI) Rangel Stark the noes appeared to have it. Miller (NC) Regula Stearns The SPEAKER pro tempore. The RECORDED VOTE Miller, Gary Rehberg Stenholm Clerk will report the motion to recom- Miller, George Renzi Strickland Mr. HOYER. Mr. Speaker, I demand a mit. Mollohan Reyes Stupak The Clerk read as follows: recorded vote. Moore Reynolds Sullivan Mr. Obey moves to recommit the bill, H.R. A recorded vote was ordered. Moran (KS) Rodriguez Sweeney Moran (VA) Rogers (AL) 5025, to the Committee on Appropriations The vote was taken by electronic de- Tancredo Murtha Rogers (KY) Tanner with instructions to report the same back to vice, and there were—ayes 404, noes 8, Musgrave Rogers (MI) Tauscher the House promptly with an amendment to not voting 21, as follows: Myrick Rohrabacher Taylor (MS) restore funding for Payments to Air Car- Nadler Ros-Lehtinen [Roll No. 463] Taylor (NC) riers, Grants-in-Aid for Airports, the Federal Napolitano Ross Terry Neal (MA) Rothman Highway Administration, the Federal Motor AYES—404 Thompson (CA) Nethercutt Roybal-Allard Carrier Safety Administration, the National Thompson (MS) Abercrombie Davis (AL) Honda Neugebauer Royce Highway Traffic Safety Administration, the Thornberry Ackerman Davis (CA) Hooley (OR) Ney Ruppersberger Tiahrt Federal Railroad Administration, the Fed- Aderholt Davis (FL) Hostettler Northup Rush Tiberi eral Transit Administration, and the Surface Akin Davis (IL) Houghton Norwood Ryan (OH) Alexander Davis (TN) Hoyer Tierney Transportation Board and increase funding Nunes Ryan (WI) above the levels in H.R. 5025, as reported, for Allen Davis, Jo Ann Hulshof Nussle Ryun (KS) Toomey Andrews Deal (GA) Hunter Oberstar Sabo Towns the Federal-Aid Highways Limitation on Ob- Baca DeFazio Hyde Obey Sa´ nchez, Linda Turner (OH) ligations, Grants to the National Railroad Bachus DeGette Inslee Olver T. Turner (TX) Passenger Corporation, new fixed guideway Baker Delahunt Isakson Ortiz Sanchez, Loretta Udall (CO) systems, and Grants-in-Aid for Airports. Baldwin DeLauro Israel Osborne Sanders Udall (NM) Ballenger DeLay Issa Otter Sandlin Upton The SPEAKER pro tempore. The gen- Barrett (SC) Deutsch Istook Owens Saxton Van Hollen tleman from Wisconsin (Mr. OBEY) is Bartlett (MD) Diaz-Balart, L. Jackson (IL) Oxley Schakowsky Vela´ zquez recognized for 5 minutes. Barton (TX) Diaz-Balart, M. Jackson-Lee Pallone Schiff Visclosky Mr. OBEY. Mr. Speaker, last week Bass Dicks (TX) Pascrell Scott (GA) Vitter Beauprez Dingell Jefferson Pastor Sensenbrenner Walden (OR) during consideration of this bill, three Becerra Doggett Jenkins Paul Serrano Walsh factions of the majority party took Bell Dooley (CA) John Payne Sessions Wamp turns in striking entire accounts out of Berkley Doolittle Johnson (CT) Pearce Shadegg Waters this bill. Berman Doyle Johnson (IL) Pelosi Shaw Watson Berry Dreier Johnson, E. B. Pence Shays Watt More than half the budgetary re- Biggert Duncan Jones (NC) Peterson (MN) Sherman Waxman sources that had been in the bill are Bilirakis Dunn Jones (OH) Peterson (PA) Sherwood Weiner now missing. Bishop (NY) Edwards Kanjorski Petri Shimkus Weldon (FL) More than 80 percent of the Depart- Bishop (UT) Ehlers Kaptur Pickering Shuster Weldon (PA) Blackburn Emanuel Keller Pitts Simmons Weller ment of Transportation’s resources Blumenauer Emerson Kelly Platts Simpson Whitfield have been deleted from this bill. This Blunt Engel Kennedy (MN) Pombo Skelton Wilson (NM) bill is now missing more than $41 bil- Boehlert English Kennedy (RI) Pomeroy Slaughter Wilson (SC) lion in funding that was supposed to Boehner Eshoo Kildee Porter Smith (MI) Wolf Bonilla Etheridge Kilpatrick Price (NC) Smith (NJ) Woolsey flow to each of our States for high- Bono Evans Kind Pryce (OH) Smith (TX) Wu ways, transit and aviation. Boozman Everett King (IA) Putnam Smith (WA) Wynn My motion to recommit the Depart- Boswell Farr King (NY) Quinn Snyder Young (AK) Boucher Fattah Kingston Radanovich Solis Young (FL) ment of Transportation programs and Boyd Feeney Kleczka provides adequate funding for address- Bradley (NH) Ferguson Kline NOES—8 ing the Nation’s transportation needs. Brady (PA) Filner Knollenberg Collins Ose Scott (VA) Brady (TX) Flake Kolbe This motion asks that the Committee Davis, Tom Portman Thomas Brown (OH) Foley Kucinich Johnson, Sam Schrock on Appropriations restore the accounts Brown (SC) Forbes LaHood that were deleted by points of order, Brown, Corrine Ford Lampson NOT VOTING—21 Brown-Waite, Fossella Langevin and it calls for increased funding above Baird Hart Millender- Ginny Frank (MA) Larsen (WA) the committee-reported levels for high- Bishop (GA) Burgess Franks (AZ) Larson (CT) Hensarling McDonald Bonner ways, transit, new start projects, Am- Burns Frelinghuysen Latham Hoekstra Miller (FL) Cannon trak and Grants-in-Aid for airports. Burr Frost LaTourette Kirk Murphy DeMint Burton (IN) Gallegly Leach Lantos Tauzin It restores funding for rural airports Gephardt Butterfield Garrett (NJ) Lee Manzullo Wexler through the Essential Air Service Pro- Goss Buyer Gerlach Levin McInnis Wicker Greenwood gram, Federal Motor Carrier Safety Calvert Gibbons Lewis (CA) Administration, the National Highway Camp Gilchrest Lewis (GA) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cantor Gillmor Lewis (KY) Traffic Safety Administration and the Capito Gingrey Linder The SPEAKER pro tempore (Mr. Surface Transportation Board. Capps Gonzalez Lipinski SHIMKUS) (during the vote). Members The motion is important because Capuano Goode LoBiondo are advised that 2 minutes remain in without it we are simply not meeting Cardin Goodlatte Lofgren Cardoza Gordon Lowey the vote. some of the crucial transportation Carson (IN) Granger Lucas (KY) b 1304 needs of the country. Carson (OK) Graves Lucas (OK) Mr. Speaker, I am sure that my Carter Green (TX) Lynch Messrs. GUTIERREZ, CUNNINGHAM friend from Oklahoma will say that be- Case Green (WI) Majette and KOLBE changed their vote from Castle Grijalva Maloney cause of the form of this motion that Chabot Gutierrez Markey ‘‘no’’ to ‘‘aye.’’ this bill will effectively be delayed or Chandler Gutknecht Marshall So the amendment was agreed to. killed. The fact is, that is not correct. Chocola Hall Matheson The result of the vote was announced Clay Harman Matsui This bill is already dead. This bill is al- Clyburn Harris McCarthy (MO) as above recorded. ready on the way to the morgue. It quit Coble Hastings (FL) McCarthy (NY) The SPEAKER pro tempore (Mr. breathing last Friday. All I am trying Cole Hastings (WA) McCollum SHIMKUS). The question is on engross- to do is to resuscitate the bill and Conyers Hayes McCotter ment and a third reading. Cooper Hayworth McCrery make it something other than a ca- Costello Hefley McDermott The bill was ordered to be engrossed daver. Cox Herger McGovern and read a third time, and was read the So, without this motion, this House Cramer Herseth McHugh third time. Crane Hill McIntyre is acquiescing in the fact that jurisdic- Crenshaw Hinchey McKeon MOTION TO RECOMMIT OFFERED BY MR. OBEY tional arguments between committees Crowley Hinojosa McNulty Mr. OBEY. Mr. Speaker, I offer a mo- have resulted in a bill which has little Cubin Hobson Meehan tion to recommit. more than the enacting title, and I do Culberson Hoeffel Meek (FL) Cummings Holden Meeks (NY) The SPEAKER pro tempore. Is the not think that it does very much credit Cunningham Holt Menendez gentleman opposed to the bill? to the House.

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.049 H22PT1 H7350 CONGRESSIONAL RECORD — HOUSE September 22, 2004 If you vote for this amendment, you conference where we bring it back, and Roybal-Allard Skelton Towns will be voting to resuscitate the pro- all those problems are wiped clean be- Ruppersberger Slaughter Turner (TX) Rush Smith (WA) Udall (CO) grams that were knocked out because cause now we are under a different par- Ryan (OH) Snyder Udall (NM) of the willfulness of the authorizing liamentary process that governs the Sabo Solis Van Hollen committee last week, and I would urge conference report. Sa´ nchez, Linda Spratt Vela´ zquez T. Stark a ‘‘yes’’ vote for the proposition. I oppose the motion to recommit. Visclosky Sanchez, Loretta Stenholm Waters Mr. ISTOOK. Mr. Speaker, I rise in Sanders Strickland There is no sense in killing the bill. Watson Sandlin Stupak opposition to the motion to recommit. Let us keep it alive so that we can Watt Schakowsky Tanner The SPEAKER pro tempore. The gen- Waxman keep transportation moving in the Schiff Tauscher tleman from Oklahoma is recognized country. Scott (GA) Taylor (MS) Weiner for 5 minutes in his opposition. The SPEAKER pro tempore. Without Scott (VA) Thompson (CA) Woolsey Mr. ISTOOK. Mr. Speaker, I very Serrano Thompson (MS) Wu objection, the previous question is or- Sherman Tierney Wynn much appreciate the frustration of the dered on the motion to recommit. gentleman from Wisconsin, and cer- There was no objection. NAYS—210 tainly I have a high level of frustra- The SPEAKER pro tempore. The Aderholt Gerlach Paul tion, and many people do, because of question is on the motion to recommit. Akin Gibbons Pearce Alexander Gilchrest Pence the things that on parliamentary pro- The question was taken; and the cedures were stricken on points of Bachus Gillmor Peterson (PA) Speaker pro tempore announced that Baker Gingrey Petri order, because we have so many pro- the noes appeared to have it. Ballenger Goode Pickering Barrett (SC) Goodlatte grams that have not been reauthorized. Mr. OBEY. Mr. Speaker, I object to Pitts However, there is a much better way Bartlett (MD) Goss Platts the vote on the ground that a quorum Barton (TX) Granger to fix the problem, and that is to finish Pombo is not present and make the point of Bass Graves Porter the process, pass the bill, move it to order that a quorum is not present. Beauprez Green (WI) Portman conference where we are then able to Biggert Gutknecht The SPEAKER pro tempore. Evi- Pryce (OH) Bilirakis Hall Putnam bring a conference report back before Bishop (UT) Harris dently a quorum is not present. Quinn this House that is not subject to these Blackburn Hastings (WA) Radanovich The Sergeant at Arms will notify ab- Blunt Hayes points of order. Ramstad sent Members. Boehlert Hayworth Were we to do what the gentleman Regula Boehner Hefley from Wisconsin seeks, we would only Pursuant to clause 9 of rule XX, the Rehberg Chair will reduce to 5 minutes the min- Bonilla Herger repeat the exercise in frustration. He Bono Hobson Renzi wants us to take the bill back to com- imum time for the electronic vote on Boozman Hostettler Reynolds the question of passage. Bradley (NH) Houghton Rogers (AL) mittee, reinsert the things that were Rogers (KY) The vote was taken by electronic de- Brady (TX) Hulshof taken out on points of order and, while Brown (SC) Hunter Rogers (MI) we are at it, put more money in them. vice, and there were—yeas 201, nays Brown-Waite, Hyde Rohrabacher 210, not voting 22, as follows: Ginny Isakson Ros-Lehtinen Then, if we brought the bill back to the Royce [Roll No. 464] Burgess Issa floor, guess what? Those same points of Burns Istook Ryan (WI) order are here on the floor. We go YEAS—201 Burr Jenkins Ryun (KS) Saxton through the exercise again. Abercrombie Edwards Levin Burton (IN) Johnson (CT) Schrock Secondly, we have an additional Ackerman Emanuel Lewis (GA) Buyer Johnson (IL) Calvert Johnson, Sam Sensenbrenner point of order because the gentleman’s Allen Engel Lipinski Andrews Eshoo Lofgren Camp Jones (NC) Sessions request, I believe, would push us above Baca Etheridge Lowey Cantor Keller Shadegg the 302(b) allocation which is our share Baldwin Evans Lucas (KY) Capito Kelly Shays of the budget allocation, and there Becerra Farr Lynch Carter Kennedy (MN) Sherwood Bell Fattah Majette Chabot King (IA) Shimkus would be an additional point of order Berkley Filner Maloney Chocola King (NY) Shuster against the bill. We would only repeat Berman Ford Markey Coble Kingston Simmons the frustration. Berry Frank (MA) Marshall Cole Kline Simpson Collins Knollenberg What is worse than being frustrated Bishop (NY) Frost Matheson Smith (MI) Blumenauer Gonzalez McCarthy (MO) Cox Kolbe Smith (NJ) once? Being frustrated twice. That is Boswell Gordon McCarthy (NY) Crane LaHood Smith (TX) what the motion to recommit would Boucher Green (TX) McCollum Crenshaw Latham Souder accomplish, but opposing the motion to Boyd Grijalva McDermott Cubin LaTourette Stearns Brady (PA) Gutierrez McGovern Culberson Leach Sullivan recommit and passing the bill moves it Brown (OH) Harman McIntyre Cunningham Lewis (CA) Sweeney into conference. That is where the Brown, Corrine Hastings (FL) McNulty Davis, Jo Ann Lewis (KY) Tancredo problem can and will be fixed. Butterfield Herseth Meehan Davis, Tom Linder Taylor (NC) Deal (GA) LoBiondo Capps Hill Meek (FL) Terry Mr. OBEY. Mr. Speaker, will the gen- DeLay Lucas (OK) Capuano Hinchey Meeks (NY) Thomas tleman yield? DeMint McCotter Cardin Hinojosa Menendez Thornberry Diaz-Balart, L. McCrery Mr. ISTOOK. I yield to the gen- Cardoza Hoeffel Michaud Tiahrt Diaz-Balart, M. McHugh tleman from Wisconsin. Carson (IN) Holden Miller (NC) Tiberi Carson (OK) Holt Miller, George Doolittle McKeon Mr. OBEY. Mr. Speaker, I thank the Dreier Miller (MI) Toomey Case Honda Mollohan Turner (OH) gentleman for yielding. Castle Hooley (OR) Moore Duncan Miller, Gary Dunn Moran (KS) Upton All of that can be solved by simply Chandler Hoyer Moran (VA) Vitter Clay Inslee Murtha Ehlers Musgrave having the Committee on Rules this Emerson Myrick Walden (OR) time do its duty and report out a rule Clyburn Israel Nadler Walsh Conyers Jackson (IL) Napolitano English Nethercutt that protects a rational bill. Everett Neugebauer Wamp Cooper Jackson-Lee Neal (MA) Weldon (FL) Costello (TX) Oberstar Feeney Ney Mr. ISTOOK. Mr. Speaker, I appre- Weldon (PA) Cramer Jefferson Obey Ferguson Northup ciate the gentleman’s concern, and cer- Weller Crowley John Olver Flake Norwood Whitfield tainly the Committee on Rules could Cummings Johnson, E. B. Ortiz Forbes Nunes Wilson (NM) have done something on the current Davis (AL) Jones (OH) Owens Fossella Nussle Wilson (SC) Davis (CA) Kanjorski Pallone Franks (AZ) Osborne bill and could do something on a dif- Frelinghuysen Ose Wolf ferent bill, but why do we expect the Davis (FL) Kaptur Pascrell Davis (IL) Kennedy (RI) Pastor Gallegly Otter Young (AK) Committee on Rules would have any Davis (TN) Kildee Payne Garrett (NJ) Oxley Young (FL) different action? DeFazio Kilpatrick Pelosi NOT VOTING—22 The only sure course of action to get DeGette Kind Peterson (MN) this bill passed to fund the transpor- Delahunt Kleczka Pomeroy Baird Hensarling Millender- DeLauro Kucinich Price (NC) Bishop (GA) Hoekstra McDonald tation for every Member of this body Deutsch Lampson Rahall Bonner Kirk Miller (FL) for their States and also to address the Dicks Langevin Rangel Cannon Manzullo Murphy desires that different Members have for Dingell Lantos Reyes Foley Matsui Shaw Doggett Larsen (WA) Rodriguez Gephardt Tauzin their different districts is to pass the McInnis Dooley (CA) Larson (CT) Ross Greenwood Mica Wexler bill, move it on to the House-Senate Doyle Lee Rothman Hart Wicker

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.083 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7351 ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Linder Pearce Slaughter islative business and arrived after the vote. The SPEAKER pro tempore (Mr. Lipinski Pelosi Smith (MI) LoBiondo Pence Smith (NJ) Had I been here I would have voted in the af- SHIMKUS) (during the vote). There are 2 Lofgren Peterson (MN) Smith (TX) firmative. minutes remaining in this vote. Lowey Peterson (PA) Smith (WA) f Lucas (KY) Petri Snyder b 1333 Lucas (OK) Pickering Solis PERSONAL EXPLANATION Lynch Pitts Souder Mr. FOLEY. Mr. Speaker, on rollcall Nos. So the motion to recommit was re- Majette Platts Spratt jected. Maloney Pombo Stark 464 and 465, I was meeting with the Governor Markey Pomeroy Stearns of Florida concerning hurricane damage. Had The result of the vote was announced Marshall Porter Stenholm as above recorded. Matheson Portman I been present, I would have voted ‘‘nay’’ on Strickland Matsui Price (NC) rollcall No. 464 and ‘‘yea’’ on rollcall No. 465. The SPEAKER pro tempore (Mr. Stupak SHIMKUS). The question is on passage of McCarthy (MO) Pryce (OH) f McCarthy (NY) Putnam Sullivan the bill. McCollum Quinn Sweeney PERSONAL EXPLANATION Pursuant to clause 10 of rule XX, the McCotter Radanovich Tancredo yeas and nays are ordered. McCrery Rahall Tanner Mr. KIRK. Mr. Speaker, today, I missed the McDermott Ramstad Tauscher following rollcall votes: rollcall number 461— This will be a 5-minute vote. Taylor (MS) McGovern Rangel on agreeing to the Rangel amendment to H.R. The vote was taken by electronic de- McHugh Regula Taylor (NC) vice, and there were—yeas 397, nays 12, McIntyre Rehberg Terry 5025, rollcall number 462—on agreeing to the not voting 24, as follows: McKeon Renzi Thomas Olver amendment to H.R. 5025, rollcall num- McNulty Reyes Thompson (CA) [Roll No. 465] ber 463—on agreeing to the Stenholm amend- Meek (FL) Rodriguez Thompson (MS) ment to H.R. 5025, rollcall number 464—on YEAS—397 Meeks (NY) Rogers (AL) Thornberry Menendez Rogers (KY) Tiahrt motion to recommit H.R. 5025, rollcall number Abercrombie Cooper Gutierrez Mica Rogers (MI) Tiberi 465—on passage of H.R. 5025. Had I been Ackerman Costello Gutknecht Michaud Rohrabacher Tierney Aderholt Cramer Hall present I would have voted ‘‘nay’’ on rollcall Miller (MI) Ros-Lehtinen Toomey Akin Crane Harman Miller (NC) Ross Towns votes 461 and 464, and I would have voted Alexander Crenshaw Harris Miller, Gary Rothman Turner (OH) ‘‘yea’’ on rollcall votes 462, 463 and 465. Allen Crowley Hastings (FL) Miller, George Roybal-Allard Turner (TX) Andrews Cubin Hastings (WA) f Mollohan Ruppersberger Udall (CO) Baca Culberson Hayes Moore Rush Bachus Cummings Hayworth Udall (NM) REQUEST FOR REMOVAL OF NAME Moran (KS) Ryan (OH) Upton Baker Cunningham Herger Moran (VA) Ryan (WI) OF MEMBER AS COSPONSOR OF Baldwin Davis (AL) Herseth Van Hollen Murtha Ryun (KS) ´ H.R. 2028 Ballenger Davis (CA) Hill Velazquez Musgrave Sabo Visclosky Barrett (SC) Davis (FL) Hinchey Myrick Sa´ nchez, Linda Mr. OSE. Mr. Speaker, because the Vitter Bartlett (MD) Davis (IL) Hinojosa Nadler T. bill as introduced was drastically Walden (OR) Barton (TX) Davis (TN) Hobson Napolitano Sanchez, Loretta Walsh changed in committee, I ask unani- Bass Davis, Jo Ann Hoeffel Neal (MA) Sanders Wamp mous consent to have my name re- Beauprez Davis, Tom Holden Nethercutt Sandlin Waters Becerra Deal (GA) Holt Neugebauer Saxton moved as a cosponsor of H.R. 2028. Bell DeFazio Honda Ney Schakowsky Watson The SPEAKER pro tempore (Mr. LIN- Berkley DeGette Hooley (OR) Watt Northup Schiff DER). Under clause 7 of rule XII, the Berman Delahunt Hostettler Waxman Norwood Schrock Chair may not entertain a request to Berry DeLauro Houghton Nunes Scott (GA) Weiner Biggert DeLay Hoyer Nussle Scott (VA) Weldon (FL) delete a cosponsor after the last com- Bilirakis DeMint Hulshof Oberstar Serrano Weldon (PA) mittee authorized to consider the bill Bishop (NY) Deutsch Hunter Olver Sessions Weller has filed its report with the House. Bishop (UT) Diaz-Balart, L. Hyde Ortiz Shadegg Whitfield Blackburn Diaz-Balart, M. Inslee Osborne Shaw Wilson (NM) f Blumenauer Dicks Isakson Ose Shays Wilson (SC) Blunt Dingell Israel Owens Sherman Wolf ANNOUNCEMENT BY THE SPEAKER Boehlert Doggett Issa Oxley Sherwood Woolsey PRO TEMPORE Boehner Dooley (CA) Istook Pallone Shuster Wu Bonilla Doolittle Jackson (IL) Pascrell Simmons Wynn The SPEAKER pro tempore. Pursu- Bono Doyle Jackson-Lee Pastor Simpson Young (AK) ant to clause 8 of rule XX, the Chair Boozman Dreier (TX) Payne Skelton Young (FL) will postpone further proceedings Boswell Duncan Jefferson Boucher Edwards Jenkins NAYS—12 today on motions to suspend the rules Boyd Ehlers John Castle Jones (NC) Paul on which a recorded vote or the yeas or Bradley (NH) Emanuel Johnson (CT) Flake Kucinich Royce nays are ordered, or on which the vote Brady (PA) Emerson Johnson (IL) Franks (AZ) Obey Sensenbrenner is objected to under clause 6 of rule Brady (TX) Engel Johnson, E. B. Hefley Otter Shimkus Brown (OH) English Johnson, Sam XX. Brown (SC) Eshoo Jones (OH) NOT VOTING—24 Record votes on postponed questions Brown, Corrine Etheridge Kanjorski Baird Greenwood Millender- will be taken later today. Brown-Waite, Evans Kaptur Bishop (GA) Hart McDonald Ginny Everett Keller f Bonner Burgess Farr Kelly Hensarling Miller (FL) Cannon Burns Fattah Kennedy (MN) Hoekstra Murphy CIVIL WAR SESQUICENTENNIAL Cox Burr Feeney Kennedy (RI) Kirk Reynolds COMMISSION ACT Dunn Burton (IN) Ferguson Kildee Manzullo Tauzin Foley Butterfield Filner Kilpatrick McInnis Wexler Mr. OSE. Mr. Speaker, I move to sus- Gephardt Buyer Forbes Kind Meehan Wicker pend the rules and pass the bill (H.R. Gillmor Calvert Ford King (IA) 2449) to establish a commission to com- Camp Fossella King (NY) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE memorate the sesquicentennial of the Cantor Frank (MA) Kingston Capito Frelinghuysen Kleczka The SPEAKER pro tempore (during American Civil War, as amended. Capps Frost Kline the vote). Members are advised that The Clerk read as follows: Capuano Gallegly Knollenberg there are 2 minutes remaining in this H.R. 2449 Cardin Garrett (NJ) Kolbe vote. Cardoza Gerlach LaHood Be it enacted by the Senate and House of Rep- Carson (IN) Gibbons Lampson b 1340 resentatives of the United States of America in Carson (OK) Gilchrest Langevin Congress assembled, Carter Gingrey Lantos So the bill was passed. SECTION 1. SHORT TITLE. Case Gonzalez Larsen (WA) The result of the vote was announced Chabot Goode Larson (CT) This Act may be cited as the ‘‘Civil War as above recorded. Sesquicentennial Commission Act’’. Chandler Goodlatte Latham A motion to reconsider was laid on Chocola Gordon LaTourette SEC. 2. FINDINGS AND PURPOSE. Clay Goss Leach the table. (a) FINDINGS.—Congress makes the fol- Clyburn Granger Lee Stated for: lowing findings: Coble Graves Levin Ms. MILLENDER-MCDONALD. Mr. Speaker, Cole Green (TX) Lewis (CA) (1) The American Civil War was a defining Collins Green (WI) Lewis (GA) on rollcall No. 465, H.R. 5025—Transpor- experience in the development of the United Conyers Grijalva Lewis (KY) tation/Treasury Appropriation bill, I was on leg- States.

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.057 H22PT1 H7352 CONGRESSIONAL RECORD — HOUSE September 22, 2004 (2) The people of the United States con- (G) the Archivist of the United States, or (8) encourage the development and conduct tinue to struggle with issues of race, civil the designee of the Archivist; of programs designed to involve the inter- rights, the politics of federalism, and herit- (H) the Librarian of Congress, or the des- national community in activities that com- age which are legacies of the Civil War and ignee of the Librarian; and memorate the Civil War. Reconstruction. (I) the Director of the National Park Serv- (b) PLANS AND REPORT.— (3) There is a resurgence of interest in the ice, or the designee of the Director. (1) STRATEGIC PLAN AND ANNUAL PERFORM- Civil War that is evidenced by the multitude (2) PRIVATE MEMBERS.—The Commission ANCE PLANS.—The Commission shall prepare of publications, exhibits, reenactments, re- shall include— a strategic plan in accordance with section search organizations, Internet and multi- (A) 5 members appointed by the President 306 of title 5, United States Code, and annual media resources, historic parks, and preser- from among individuals who are representa- performance plans in accordance with sec- vation associations focused on the Civil War. tive of the corporate community; and tion 1115 of title 31, United States Code, for (4) The years 2011 through 2015 mark the (B) 9 individuals, appointed by the Presi- the activities of the Commission carried out sesquicentennial of the Civil War. dent, from among persons who by reason of under this Act. (5) The sesquicentennial of the Civil War education, training, and experience, are ex- (2) REPORTS.— presents a significant opportunity for Ameri- perts on the Antebellum, Civil War, and Re- (A) ANNUAL REPORT.—The Commission cans to recall and reflect upon the Civil War construction eras, including— shall submit to Congress an annual report and its legacy in a spirit of reconciliation (i) 6 individuals with expertise in history; that contains a list of each gift, bequest, or and reflection. (ii) 1 individual with specific expertise in devise with a value of more than $250, to- (6) The United States Civil War Center at art history, historic preservation, or a re- gether with the identity of the donor of each Louisiana State University, Louisiana, and lated field; such gift, bequest, or devise. the Civil War Institute at Gettysburg Col- (iii) 1 individual with expertise in anthro- (B) FINAL REPORT.—Not later than Decem- lege, Pennsylvania, have been designated by pology, cultural geography, sociology, or a ber 30, 2015, the Commission shall submit to the Federal government to plan and facili- related field; and Congress a final report that contains— tate the commemoration of the sesqui- (iv) 1 individual with expertise in political (i) a summary of activities of the Commis- centennial of the Civil War. science, law, economics, or a related field. sion; (7) The State of Virginia— (b) TERMS.—Members shall be appointed (ii) a final accounting of funds received and (A) witnessed more Civil War military en- for the life of the Commission. expended by the Commission; and gagements on its soil than any other State; (c) VACANCIES.—Any vacancy in the Com- (iii) the findings and recommendations of (B) hosts more historic sites related to the mission shall not affect its powers, and shall the Commission. Civil War than any other State; and be filled in the same manner as the original SEC. 7. GRANT PROGRAM. (C) is home to the Pamplin Historical Park appointment. (a) GRANTS AUTHORIZED.—The National En- and the National Museum of the Civil War (d) INITIAL APPOINTMENTS.—The appoint- dowment for the Humanities shall award Soldier and the Virginia Center for Civil War ment of the members of the Commission grants under this section for the uses de- Studies at Virginia Polytechnic Institute shall be made not later than 60 days after the scribed in subsection (b). and State University, both of which are na- date of the enactment of this Act. (b) USE OF GRANTS.—Grants awarded under tionally recognized centers of expertise in SEC. 5. GENERAL PROVISIONS. this section shall be used for appropriate ac- the study of the Civil War. (a) MEETINGS.— tivities relating to the sesquicentennial of (8) The African American Civil War Mu- (1) INITIAL MEETING.—Not later than 60 the Civil War. seum located in Washington, D.C., is the days after the date on which all members of (c) CONSIDERATION.—In awarding grants only museum in the nation dedicated to the the Commission have been appointed, the under this section, the National Endowment study and understanding of the role of Afri- members appointed under subparagraphs (A) of the Humanities shall consider established can Americans in the Civil War. and (B) of section 4(a)(2) shall call the first university, museum, or academic programs (b) PURPOSE.—The purpose of this Act is to meeting of the Commission. establish a Civil War Sesquicentennial Com- with national scope that sponsor multidisci- (2) SUBSEQUENT MEETINGS.—The Commis- plinary projects, including those that con- memoration Commission to— sion shall hold subsequent meetings at the (1) ensure a suitable national observance of centrate on the role of African Americans in call of the chairperson. the Civil War. the sesquicentennial of the Civil War; (b) CHAIRPERSON AND VICE CHAIRPERSON.— (2) cooperate with and assist States and At the initial meeting, the Commission shall SEC. 8. POWERS OF THE COMMISSION. national organizations with programs and elect a Chairperson and Vice Chairperson (a) IN GENERAL.—The Commission may— activities for the observance of the sesqui- from among its voting members. (1) solicit, accept, use, and dispose of gifts, centennial of the Civil War; (c) QUORUM.—A majority of voting mem- bequests, or devises of money or other real (3) assist in ensuring that any observance bers shall constitute a quorum, but a lesser or personal property for the purpose of aid- of the sesquicentennial of the Civil War is in- number may hold meetings. ing or facilitating the work of the Commis- clusive and appropriately recognizes the ex- (d) VOTING.— sion; periences and points of view of all people af- (1) IN GENERAL.—The Commission shall act (2) appoint any advisory committee as the fected by the Civil War; and only on an affirmative vote of a majority of Commission considers appropriate for the (4) provide assistance for the development the voting members of the Commission. purposes of this Act; of programs, projects, and activities on the (2) NONVOTING MEMBERS.—The individuals (3) authorize any voting member or em- Civil War that have lasting educational appointed under subparagraphs (A) and (B) of ployee of the Commission to take any action value. section 4(a)(1) shall be nonvoting members, that the Commission is authorized to take SEC. 3. CIVIL WAR SESQUICENTENNIAL COM- and shall serve only in an advisory capacity. under this Act; and MEMORATION COMMISSION. SEC. 6. DUTIES OF THE COMMISSION. (4) procure supplies, services, and property, The Secretary of the Interior shall estab- (a) ACTIVITIES RELATED TO THE SESQUI- and make or enter into contracts, leases, or lish a commission to be known as the Civil CENTENNIAL.—The Commission shall— other legal agreements to carry out this Act War Sesquicentennial Commemoration Com- (1) plan, develop, and carry out programs (except that any contracts, leases, or other mission (hereafter in this Act referred to as and activities appropriate to commemorate legal agreements entered into by the Com- the ‘‘Commission’’). the sesquicentennial of the Civil War; mission shall not extend beyond the date of SEC. 4. COMPOSITION OF THE COMMISSION. (2) encourage interdisciplinary examina- the termination of the Commission); and (a) IN GENERAL.—The Commission shall be tion of the Civil War; (5) use the United States mails in the same composed of 25 members as follows: (3) facilitate Civil War-related activities manner and under the same conditions as (1) GOVERNMENT MEMBERS.—The Commis- throughout the United States; other Federal agencies. sion shall include— (4) encourage civic, historical, educational, SEC. 9. PERSONNEL MATTERS. (A) 2 Members of the House of Representa- economic, and other organizations through- (a) COMPENSATION OF MEMBERS.—Members tives appointed by the Speaker of the House out the United States to organize and par- of the Commission, and members of any ad- of Representatives; ticipate in activities to expand the under- visory committee appointed under section (B) 2 Members of the Senate appointed by standing and appreciation of the significance 8(a)(2), shall serve without compensation. the President pro tempore of the Senate, in of the Civil War; (b) TRAVEL EXPENSES.—Members of the consultation with the Majority Leader and (5) coordinate and facilitate the public dis- Commission, and members of any advisory the Minority Leader of the Senate; tribution of scholarly research, publications, committees appointed under section 8(a)(2), (C) the Secretary of the Interior or the des- and interpretations of the Civil War; shall be allowed travel expenses, including ignee of the Secretary; (6) provide technical assistance to States, per diem in lieu of subsistence, at rates au- (D) the Secretary of the Smithsonian Insti- localities, and nonprofit organizations to thorized for an employee of an agency under tution, or the designee of the Secretary; further the commemoration of the sesqui- subchapter I of chapter 57 of title 5, United (E) the Secretary of the Department of centennial of the Civil War; States Code, while away from the home or Education, or the designee of the Secretary; (7) develop programs and facilities to en- regular place of business of the member in (F) the Chairman of the National Endow- sure that the sesquicentennial commemora- the performance of the duties of the Com- ment for the Humanities, or the designee of tion of the Civil War results in a positive leg- mission. the Chairman; acy and long-term public benefit; and (c) STAFF.—

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.015 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7353 (1) IN GENERAL.—The Chairperson of the GENERAL LEAVE Mr. Speaker, I reserve the balance of Commission may, without regard to civil Mr. OSE. Mr. Speaker, I ask unani- my time. service laws (including regulations), appoint mous consent that all Members may Mr. DAVIS of Illinois. Mr. Speaker, I and terminate an executive director and have 5 legislative days within which to yield myself such time as I may con- such other additional personnel as are necessary to enable the Commission to perform revise and extend their remarks and in- sume. the duties of the Commission. clude extraneous material on the bill H.R. 2449 would establish a Civil War (2) CONFIRMATION OF EXECUTIVE DIRECTOR.— under consideration. Sesquicentennial Commemoration The employment of an executive director The SPEAKER pro tempore. Is there Commission to cooperate with and as- shall be subject to confirmation by the Com- objection to the request of the gen- sist States and national organizations mission. tleman from California? with programs and activities to ensure (3) COMPENSATION.— There was no objection. a suitable national observance of the (A) IN GENERAL.—Except as provided in Mr. OSE. Mr. Speaker, I yield myself 150th anniversary of the Civil War and subparagraph (B), the Chairperson of the such time as I may consume. to educate Americans about the signifi- Commission may fix the compensation of the Mr. Speaker, on behalf of the Com- executive director and other personnel with- cance of the war in our national his- out regard to the provisions of chapter 51 and mittee on Government Reform, I am tory. subchapter III of chapter 53 of title 5, United pleased that the House is considering With the issuance of the Emanci- States Code, relating to classification of po- H.R. 2449. This legislation, introduced pation Proclamation in 1863, the Civil sitions and General Schedule pay rates. by the distinguished gentleman from War became a war to save the Union (B) MAXIMUM RATE OF PAY.—The rate of Louisiana (Mr. BAKER) creates a com- and to abolish slavery. The war repay for the executive director and other permission to commemorate the sesqui- sulted in the loss of 620,000 lives, the sonnel shall not exceed the rate payable for centennial of the American Civil War. I liberation of 4 million slaves, and the level V of the Executive Schedule under sec- rise in strong support of this bill. tion 5316 of title 5, United States Code. ratification of three constitutional (d) DETAIL OF GOVERNMENT EMPLOYEES.— Mr. Speaker, perhaps no event shaped amendments that changed the way we (1) IN GENERAL.—At the request of the the U.S. more than the Civil War. The define freedom and democracy in this Commission, the head of any Federal agency Civil War was produced by the eco- country. may detail, on a reimbursable or non- nomic, cultural, and political rivalry Frederick Douglass moved many free reimbursable basis, any of the personnel of between the agrarian South and the in- and runaway slaves to enlist in the the agency to the Commission to assist the dustrial North. Though the war was Union Army and to fight for their free- Commission in carrying out the duties of the long and dreadful, its outcome pre- Commission under this Act. dom when he said, ‘‘Once let the black served the Nation. From South Caro- (2) CIVIL SERVICE STATUS.—The detail of an man get upon his person the brass let- employee under paragraph (1) shall be with- lina’s secession on December 20, 1860, ters U.S., let him get an eagle on his out interruption or loss of civil service sta- to General Robert E. Lee’s surrender at button, and a musket on his shoulder tus or privilege. Appomattox on April 9, 1865, the Civil and bullets in his pockets, there is no (e) VOLUNTEER AND UNCOMPENSATED SERV- War set the course for the next century power on Earth can deny that he has ICES.—Notwithstanding section 1342 of title of this Nation’s development. earned the right for citizenship in the 31, United States Code, the Commission may Mr. Speaker, the Civil War Sesqui- United States.’’ accept and use voluntary and uncompensated centennial Commission will ensure a services as the Commission determines nec- Approximately 180,000 African Ameri- essary. suitable national observance of the cans, comprising 163 units, served in (f) SUPPORT SERVICES.—The Director of the 150th anniversary of the Civil War. It the Union Army during the Civil War, National Park Service shall provide to the promises to be inclusive and appro- and many more served in the Union Commission, on a reimbursable basis, such priately recognizes the perspectives Navy. Although black soldiers proved administrative support services as the Com- and impacts of all people affected by themselves as reputable soldiers, dis- mission may request. the Civil War. (g) PROCUREMENT OF TEMPORARY AND crimination in pay and other areas re- Specifically, the commission will INTERMITTENT SERVICES.—The Chairperson of mained widespread. the Commission may procure temporary and plan, develop, and carry out programs We as Americans continue to strug- intermittent services under section 3109(b) of and activities appropriate to com- gle with issues of race, the politics of title 5, United States Code, at daily rates for memorate the Civil War. The commis- federalism and heritage. The 150th an- individuals which do not exceed the daily sion will annually report to Congress niversary of the Civil War would give equivalent of the annual rate of basic pay on its work, and by December 30, 2015, us an opportunity to reflect collec- prescribed for level V of the Executive the commission will provide to Con- tively on our shared history and our Schedule under section 5316 of such title. gress a final report detailing the ac- (h) FACA NONAPPLICABILITY.—Section 14(b) identity as Americans. Many say and of the Federal Advisory Committee Act (5 tivities, findings, and recommenda- many believe that we have a democ- U.S.C. App.) shall not apply to the Commis- tions of the commission. racy, that we as African Americans, for sion. Mr. Speaker, the creation of a Civil example, have equal rights. But we (i) TERMINATION.—The Commission shall War Commission at this point in Amer- must ask what it really means, and terminate on the date that is 90 days after ican history makes it difficult to over- even in 2004 we must ask is freedom the date on which the Commission submits look the similarities between Amer- its report under section 6(b)(2). and equal rights a reality for all Amer- ica’s current conflict and the war our icans. SEC. 10. AUDIT OF COMMISSION. Nation endured nearly a century and a The Inspector General of the Department b 1345 of the Interior shall perform an annual audit half ago. In both cases, an immense of the Commission and shall make the re- tragedy forced this Nation to rise up What we do have, though, is the right sults of the audit available to the public. and defend the liberty and freedom of to struggle, and the need for struggle is SEC. 11. AUTHORIZATION OF APPROPRIATIONS. our Union. However, our current just as important today as it was dur- (a) IN GENERAL.—There is authorized to be enemy is not ourselves, but terrorist ing the Civil War. appropriated to carry out this Act (other extremists who hate American free- Frederick Douglass was right then than section 7) $200,000 for each of the fiscal dom. While Americans were split and and Douglass is right now when he said years 2005 through 2016. hostile on the two sides of the Civil that ‘‘Struggle, struggle, strife and (b) GRANTS.—There is authorized to be appropriated $3,500,000 to the National Endow- War, today our great Nation remains pain are the prerequisites for change, ment for the Humanities to provide grants united behind our servicemen and serv- and if there is no struggle, there will be under section 7, to remain available until ex- icewomen who sacrifice everything to no progress.’’ pended. protect our Nation from terror. The American Civil War is a critical The SPEAKER pro tempore. Pursu- Mr. Speaker, this commission will part of our Nation’s history and devel- ant to the rule, the gentleman from provide an exciting and somber look opment. The 105th anniversary of the California (Mr. OSE) and the gentleman back at perhaps the most important war should remind us that we have from Illinois (Mr. DAVIS) each will con- event in our Nation’s history. I thank come a long way, but there is still trol 20 minutes. the gentleman from Louisiana (Mr. much work to be done, and in the The Chair recognizes the gentleman BAKER) for his thorough efforts to com- words of the philosopher, we must re- from California (Mr. OSE). memorate the Civil War. member that freedom is a hard-won

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.015 H22PT1 H7354 CONGRESSIONAL RECORD — HOUSE September 22, 2004 thing. Each generation must win it, about our present, it is about our fu- A motion to reconsider was laid on and win it again. ture. It is important because what hap- the table. The American Civil War was critical pened in the Civil War will instruct us to America’s development as a nation in how we meet challenges today. f and a democracy. The 105th anniver- I serve on the Committee on Armed sary of the war is an appropriate time Services and we are dealing with pro- HUDSON-FULTON-CHAMPLAIN for us to reflect on its legacy and its foundly difficult challenges around the 400TH COMMEMORATION COMMIS- impact on our lives. world, in Iraq, Iran, North Korea, Paki- SION ACT OF 2004 Mr. Speaker, I reserve the balance of stan, the global war on terror. Some- Mr. OSE. Mr. Speaker, I move to sus- my time. times those challenges seem almost in- pend the rules and pass the bill (H.R. Mr. OSE. Mr. Speaker, I am pleased surmountable. What the Civil War 2528) to establish the Hudson-Fulton- to yield such time as he may consume teaches all of us is that no challenge is Champlain 400th Commemorative Com- to the distinguished gentleman from insurmountable. mission, and for other purposes, as Louisiana (Mr. BAKER). When I think about the military dif- amended. Mr. BAKER. Mr. Speaker, I thank ficulties that we have in the world The Clerk read as follows: the gentleman for his courtesy in today, I also think about the 20th of yielding me time. I rise here today to May on Little Round Top in Gettys- H.R. 2528 speak to my appreciation for his good burg. It was on that hill that just a Be it enacted by the Senate and House of Rep- work in bringing this matter to the small group of men were told to remain resentatives of the United States of America in Congress assembled, floor of the House. in place, to hold that hill at all haz- SECTION 1. SHORT TITLE. Mr. Speaker, the American Civil War ards. They were confronted with enemy was perhaps the most dramatic forging This Act may be cited as the ‘‘Hudson-Ful- in front of them, overwhelming num- ton-Champlain 400th Commemoration Com- event in our Nation’s history. In a brief bers, overwhelming numbers of enemy mission Act of 2004’’ period of time, over 600,000 lives were to their left and above them, and still SEC. 2. FINDINGS AND PURPOSE. lost. The struggle was immense. But they held that hill. They repulsed at- (a) FINDINGS.—The Congress finds the fol- from this incredible event and the huge tack after attack after attack, and lowing: loss of life, a new nation was forged, when they ran out of ammunition and (1) The first European exploration of the with its eye on principle and in prac- hope, their leader, Colonel Joshua Hudson River and Lake Champlain and the tice to afford equal rights to all. Chamberlain, ordered the men to fix introduction of steam navigation to mari- In the course of our history, this Con- bayonets and charge. That is sur- time commerce were events of major histor- gress has acted with regard to this mounting challenge. ical importance, both in the United States matter in years past. In fact, there are and internationally. What we were taught from that bat- (2) In 1609, Englishman Henry Hudson, act- two institutions. The United States tle on many battlefields, on many ing in service of the Dutch East India Com- Civil War Center at Louisiana State boats, in north and south, is that we pany, was the first European to sail up the University and the Civil War Institute are a unique and special country. That river later named for him in the vessel HALF at the Gettysburg College have been fight was for us. That fight was for our MOON, and French explorer Samuel de the only two institutions nationally future. That fight was to teach a lesson Champlain was the first European to see the recognized as Civil War centers. It is that higher principles guide us, that lake later named for him. my hope and expectation that as the there are things worth fighting for that (3) These voyages were two of the most sig- commission itself is appointed and nificant passages in the European explo- are even more important than our- ration and discovery of America, and began work is commenced, that they will be- selves. two of the earliest contacts in the New come significant partners with the cen- This bill is not about statues, it is World between Native Americans and Euro- ter at LSU and at the Gettysburg Col- not about commemoration, it is not peans. lege in coming to the appropriate deci- about the past. It is about the country (4) These explorations led to the establish- sions for the sesquicentennial celebra- we are today and the country we will ment of Fort Orange, a Dutch (and later tions of this event. be tomorrow. English) settlement of what is now the cap- It is truly an important, formative For that reason, I strongly support ital city of the State of New York, and settlement of French Quebec settlements as far event in our Nation’s history. It is a this bill and urge its adoption. time when no one should be without south as Lake George. From these early set- Mr. DAVIS of Illinois. Mr. Speaker, I tlements came an influence on the Nation’s education and understanding, for from yield myself such time as I may con- history, culture, law, commerce, and tradi- it we learn much about ourselves and sume. tions of liberty which extends to the present what makes our Nation as great as it is Mr. Speaker, I will just end by sug- day, and which is constantly reflected in the today. gesting that the Civil War was the position of the United States as the leader of Mr. DAVIS of Illinois. Mr. Speaker, costliest war that this country has ever the nations of the free world. it is my pleasure to yield such time as been engaged in and perhaps one of the (5) In 1807, Robert Fulton navigated the he may consume to the gentleman most important wars that this country Hudson River from the city of New York to Albany in the steamboat CLERMONT, suc- from New York (Mr. ISRAEL). will ever fight. I urge strong support of cessfully inaugurating steam navigation on a Mr. ISRAEL. Mr. Speaker, I thank this resolution. commercial basis. This event is one of the the gentleman for yielding me time, Mr. Speaker, I yield back the balance most important events in the history of and I also thank the chairman of my of my time. navigation. It revolutionized waterborne subcommittee of the Committee on Fi- Mr. OSE. Mr. Speaker, I yield myself commerce on the great rivers of the United nancial Services for his leadership. such time as I may consume. States, transformed naval warfare, and fos- I rise in strong support of this resolu- Mr. Speaker, I want to join my friend tered international relations through trans- tion. I have been working with several from Illinois in his remarks, and I too oceanic travel and trade. of my colleagues to organize a Civil urge all Members to support the pas- (6) The National Park Service owns and op- War Caucus here in the House of Rep- erates significant resources in New York re- sage of H.R. 2449. lated to the early history of the nation and resentatives. Outside this building, just Mr. Speaker, I yield back the balance the Hudson River Valley. on the West Front, is a statue of Gen- of my time. (7) In 2002, the State of New York estab- eral Grant at the very footsteps of the The SPEAKER pro tempore (Mr. LIN- lished a Hudson-Fulton-Champlain Commis- Capitol. A few blocks away from that is DER). The question is on the motion of- sion. a statue of General Meade. Beyond that fered by the gentleman from California (8) In 2003, the State of Vermont estab- is the Lincoln Memorial, and beyond (Mr. OSE) that the House suspend the lished a Lake Champlain Quadricentennial that in the hills of Arlington is the rules and pass the bill, H.R. 2449, as Commission. Custis-Lee Mansion. amended. (b) PURPOSE.—The purpose of this Act is to establish the Hudson-Fulton-Champlain Why do we remember? Why do we The question was taken; and (two- 400th Commemoration Commission to— erect statues? Why is this bill impor- thirds having voted in favor thereof) (1) ensure a suitable national observance of tant? It is important because the Civil the rules were suspended and the bill, the Henry Hudson, Robert Fulton, and Sam- War is really not about the past; it is as amended, was passed. uel de Champlain 2009 anniversaries through

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.064 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7355 cooperation with and assistance to the pro- an interest in, support for, and expertise ap- ages of Henry Hudson, Robert Fulton, and grams and activities of New York, New Jer- propriate to, the commemoration; Samuel de Champlain; sey, Vermont, and the commemorative com- (G) one member shall be the chairperson of (E) provide technical assistance to States, missions formed by the States; any commemorative commission formed by localities, and nonprofit organizations to (2) assist in ensuring that Hudson-Fulton- New York, or the designee of the chair- further the commemoration; Champlain 2009 observances provide an excel- person; (F) coordinate and facilitate for the public lent visitor experience and beneficial inter- (H) one member shall be the chairperson of scholarly research on, publication about, and action between visitors and the natural and any commemorative commission formed by interpretation of, the voyages of Henry Hud- cultural resources of the New York, New Jer- New Jersey, or the designee of the chair- son, Robert Fulton, and Samuel de Cham- sey, and Vermont sites; person; and plain; and (3) assist in ensuring that Hudson-Fulton- (I) one member shall be the chairperson of (G) ensure that the Hudson-Fulton-Cham- Champlain 2009 observances are inclusive and any commemorative commission formed by plain 2009 anniversaries provide a lasting leg- appropriately recognize the diverse Hudson Vermont, or the designee of the chairperson. acy and long-term public benefit by assisting River and Lake Champlain communities (2) TERM; VACANCIES.— in the development of appropriate programs that developed over four centuries; (A) TERM.—Each member of the Commis- and facilities. (4) facilitate international involvement in sion shall be appointed for the life of the (2) STRATEGIC PLAN AND ANNUAL PERFORM- the Hudson-Fulton-Champlain 2009 observ- Commission. ANCE PLANS.—The Commission shall prepare ances; (B) VACANCIES.— a strategic plan in accordance with section (5) support and facilitate marketing efforts (i) IN GENERAL.—A vacancy on the Commis- 306 of title 5, United States Code, and annual for a commemorative coin, a commemora- sion shall be filled in the same manner in performance plans in accordance with sec- tive stamp, and related activities for the which the original appointment was made. tion 1115 of title 31, United States Code, for Hudson-Fulton-Champlain 2009 observances; (ii) PARTIAL TERM.—A member appointed the activities of the Commission carried out and to fill a vacancy on the Commission shall under this Act. (6) assist in the appropriate development of serve for the remainder of the term for which (3) REPORTS.— heritage tourism and economic benefits to the predecessor of the member was ap- (A) ANNUAL REPORT.—The Commission the United States. pointed. shall submit to Congress an annual report SEC. 3. DEFINITIONS. (3) MEETINGS.— that contains a list of each gift, bequest, or In this Act: (A) IN GENERAL.—The Commission shall devise with a value of more than $250, to- (1) COMMEMORATION.—The term ‘‘com- meet— gether with the identity of the donor of each memoration’’ means the commemoration (i) at least twice each year; or such gift, bequest, or devise. of— (ii) at the call of the Chairperson or the (B) FINAL REPORT.—Not later than Sep- (A) the 200th anniversary of Robert Ful- majority of the members of the Commission. tember 30, 2010, the Commission shall submit ton’s voyage in the CLERMONT; (B) INITIAL MEETING.—Not later than 30 to the Secretary a final report that con- (B) the 400th anniversary of Henry Hud- days after the date on which all members of tains— son’s voyage in the HALF MOON; and the Commission have been appointed, the (i) a summary of the activities of the Com- (C) the 400th anniversary of Samuel de Commission shall hold the initial meeting of mission; Champlain’s voyage. the Commission. (ii) a final accounting of funds received and (2) COMMISSION.—The term ‘‘Commission’’ (4) CHAIRPERSON AND VICE CHAIRPERSON.— expended by the Commission; and means the Hudson-Fulton-Champlain 400th (A) The Commission shall elect the chair- (iii) the findings and recommendations of Commemoration Commission established by person and the vice chairperson of the Com- the Commission. section 4(a). mission on an annual basis. (d) POWERS OF THE COMMISSION.—The Com- (3) GOVERNORS.—The term ‘‘Governors’’ (B) The vice chairperson shall serve as the means the Governors of the States of New mission may— chairperson in the absence of the chair- York, New Jersey, and Vermont. (1) solicit, accept, use, and dispose of gifts, person. bequests, or devises of money or other real (4) SECRETARY.—The term ‘‘Secretary’’ (5) QUORUM.—A majority of voting mem- means the Secretary of the Interior. or personal property for the purpose of aid- bers shall constitute a quorum, but a lesser ing or facilitating the work of the Commis- (5) STATES.—The term ‘‘States’’— number may hold meetings. (A) means the States of New York, New sion; (6) VOTING.— Jersey, and Vermont; and (2) appoint such advisory committees as (A) IN GENERAL.—The Commission shall act (B) includes agencies and entities of each the Commission determines to be necessary only on an affirmative vote of a majority of such State. to carry out this Act; the voting members of the Commission. (3) authorize any member or employee of SEC. 4. HUDSON-FULTON-CHAMPLAIN 400TH COM- (B) NONVOTING MEMBERS.—The individuals MEMORATION COMMISSION. the Commission to take any action that the appointed under subparagraphs (G), (H), and (a) IN GENERAL.—The Secretary shall es- Commission is authorized to take by this tablish a commission to be known as the (I) of paragraph (1) shall be nonvoting mem- Act; ‘‘Hudson-Fulton-Champlain 400th Commemo- bers, and shall serve only in an advisory ca- (4) procure supplies, services, and property, ration Commission’’. pacity. and make or enter into contracts, leases, or (b) MEMBERSHIP.— (c) DUTIES.— other legal agreements, to carry out this Act (1) IN GENERAL.—The Commission shall be (1) IN GENERAL.—The Commission shall— (except that any contracts, leases, or other composed of 31 members, of whom— (A) plan, develop, and execute programs legal agreements made or entered into by (A) 3 members shall be appointed by the and activities appropriate to commemorate the Commission shall not extend beyond the Secretary, after consideration of the rec- the 400th anniversary of the voyage of Henry date of the termination of the Commission); ommendations of the Governors; Hudson, the first European to sail up the (5) use the United States mails in the same (B) 13 members shall be appointed by the Hudson River, the 200th anniversary of the manner and under the same conditions as Secretary, after consideration of the rec- voyage of Robert Fulton, the first person to other Federal agencies; ommendations from the Members of the use steam navigation on a commercial basis, (6) subject to approval by the Commission, House of Representatives whose districts en- the 400th anniversary of the voyage of Sam- make grants in amounts not to exceed $20,000 compass the Hudson River Valley and Cham- uel de Champlain, the first European to dis- to communities, nonprofit organizations, plain Valley; cover and explore Lake Champlain; and commemorative commissions formed by (C) 6 members shall be appointed by the (B) facilitate Hudson-Fulton-Champlain- the States to develop programs to assist in Secretary, after consideration of the rec- related activities throughout the United the commemoration; and ommendations from the Members of the Sen- States; (7) make grants in amounts not to exceed ate from New York, New Jersey, and (C) coordinate its activities with State $20,000 to research and scholarly organiza- Vermont; commemoration commissions and appro- tions to research, publish, or distribute in- (D) 2 members shall be employees of the priate Federal Government agencies, includ- formation relating to the early history of National Park Service, of whom— ing the Departments of Agriculture, Defense, the voyages of Hudson, Fulton, and Cham- (i) one shall be the Director of the National State, and Transportation, the National plain. Park Service (or a designee); and Park Service with respect to the Hudson (e) COMMISSION PERSONNEL MATTERS.— (ii) one shall be an employee of the Na- River Valley National Heritage Area, and (1) COMPENSATION OF MEMBERS OF THE COM- tional Park Service having experience rel- the American Heritage Rivers Initiative MISSION.— evant to the commemoration, who shall be Interagency Committee established by Exec- (A) IN GENERAL.—Except as provided in appointed by the Secretary; utive Order 13061, dated September 11, 1997; subparagraph (B), a member of the Commis- (E) one member shall be appointed by the (D) encourage civic, patriotic, historical, sion shall serve without compensation. Secretary, and shall be an individual knowl- educational, religious, economic, and other (B) FEDERAL EMPLOYEES.—A member of the edgeable of the Hudson River Valley Na- organizations throughout the United States Commission who is an officer or employee of tional Heritage Area; to organize and participate in anniversary the Federal Government shall serve without (F) 6 members shall be appointed by the activities to expand the understanding and compensation in addition to the compensa- Secretary, and shall be individuals that have appreciation of the significance of the voy- tion received for the services of the member

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.019 H22PT1 H7356 CONGRESSIONAL RECORD — HOUSE September 22, 2004 as an officer or employee of the Federal Gov- Commission to the National Archives or Mr. HINCHEY. Mr. Speaker, I want ernment. other appropriate Federal entity. to also express my appreciation to the (C) TRAVEL EXPENSES.—A member of the SEC. 5. AUDIT OF COMMISSION. gentleman from Illinois (Mr. DAVIS) Commission shall be allowed travel expenses, The Inspector General of the Department and the chairman for their work on including per diem in lieu of subsistence, at of the Interior shall perform an annual audit this legislation and for the way in rates authorized for an employee of an agen- of the Commission and shall make the re- which it has been brought to the floor. cy under subchapter I of chapter 57 of title 5, sults of the audit available to the public. I very much appreciate all the consid- United States Code, while away from the SEC. 6. AUTHORIZATION OF APPROPRIATIONS. home or regular place of business of the There is authorized to be appropriated eration that has been given to it and member in the performance of the duties of $500,000 for each of fiscal years 2005 through the attention it has received. the Commission. 2011 to carry out this Act. Mr. Speaker, the legislation, as we (2) STAFF.— The SPEAKER pro tempore. Pursu- have heard, will establish a Federal (A) IN GENERAL.—The Chairperson of the ant to the rule, the gentleman from commission to plan, develop and exe- Commission may, without regard to the civil cute programs and activities to com- California (Mr. OSE) and the gentleman service laws (including regulations), appoint memorate the 400th anniversary of the from Illinois (Mr. DAVIS) each will con- and terminate an executive director and voyage of Henry Hudson, the 400th an- such other additional personnel as are nec- trol 20 minutes. essary to enable the Commission to perform The Chair recognizes the gentleman niversary of the voyage of Samuel de Champlain, and the 200th anniversary the duties of the Commission. from California (Mr. OSE). of the voyage of Robert Fulton. These (B) CONFIRMATION OF EXECUTIVE DIREC- GENERAL LEAVE TOR.—The employment of an executive direc- are events of major historical impor- Mr. OSE. Mr. Speaker, I ask unani- tor shall be subject to confirmation by the tance both for the United States and mous consent that all Members may Commission. for many other nations as well. (3) COMPENSATION.— have 5 legislative days within which to In 1609, Englishman Henry Hudson, (A) IN GENERAL.—Except as provided in revise and extend their remarks and in- acting in the service of the Dutch East subparagraph (B), the Chairperson of the clude extraneous material on H.R. 2528. India Company, was the first European Commission may fix the compensation of the The SPEAKER pro tempore. Is there to sail up the river later named for him executive director and other personnel with- objection to the request of the gen- in the vessel Half Moon, and French ex- out regard to the provisions of chapter 51 and tleman from California? subchapter III of chapter 53 of title 5, United plorer Samuel de Champlain was the There was no objection. first European to see the lake that was States Code, relating to classification of po- Mr. OSE. Mr. Speaker, I yield myself sitions and General Schedule pay rates. later named for him. These voyages of such time as I may consume. (B) MAXIMUM RATE OF PAY.—The rate of were two of the most important pas- Mr. Speaker, I rise in support of H.R. pay for the executive director and other per- sages in the European exploration and 2528, a bill that creates another impor- sonnel shall not exceed the rate payable for discovery of North America, and they tant congressional commission. This level V of the Executive Schedule under sec- began two of the earliest contacts in tion 5316 of title 5, United States Code. measure, introduced by the gentleman the New World between Europeans and (4) DETAIL OF GOVERNMENT EMPLOYEES.— from New York (Mr. HINCHEY), estab- Native Americans. (A) FEDERAL EMPLOYEES.— lishes the Hudson-Fulton-Champlain (i) IN GENERAL.—At the request of the Com- These explorations led to the estab- 400th Commemoration Commission. lishment of Fort Orange by the Dutch, mission, the head of any Federal agency may Mr. Speaker, many outside of the detail, on a reimbursable or nonreimbursable which later became the English settle- basis, any of the personnel of the agency to northeast may be unfamiliar with the ment of Albany, which later became the Commission to assist the Commission in honorees of the commission, Henry the capital of New York State. It also carrying out the duties of the Commission Hudson, Robert Fulton, Samuel de led to French settlements as far south under this Act. Champlain. But this commemoration as Lake George in New York. From (ii) CIVIL SERVICE STATUS.—The detail of an aims to raise awareness of their pio- these early settlements came an influ- employee under clause (i) shall be without neering contributions. ence on our history, law, culture, com- interruption or loss of civil service status or In 1609, Henry Hudson of England was privilege. merce and traditions of liberty, which the first European to sail up the river extends right down to the present day. (B) STATE EMPLOYEES.—The Commission that would later bear his name. That may— Furthermore, in 1807, Robert Fulton (i) accept the services of personnel detailed same year, French explorer Samuel de navigated 150 miles of the Hudson from States (including subdivisions of Champlain was the first European to River from New York City to Albany in States); and come across the lake that is named the steamboat Clermont, successfully (ii) reimburse States for services of de- after him. Nearly 200 years later, in inaugurating steam navigation on a tailed personnel. 1807, Robert Fulton navigated the Hud- commercial basis. This is one of the (5) VOLUNTEER AND UNCOMPENSATED SERV- son River from the city of New York to most important events in the history ICES.—Notwithstanding section 1342 of title Albany aboard the steamboat of naval travel. The trip had previously 31, United States Code, the Commission may Clermont. This voyage successfully in- accept and use voluntary and uncompensated consumed an average of 4 days. The services as the Commission determines nec- augurated steam navigation, and is one Clermont under Fulton made the same essary. of the most important events in the trip in about 32 hours. (6) SUPPORT SERVICES.—The Director of the history of navigation. Steam navigation revolutionized wa- National Park Service shall provide to the These three events that occurred on terborne commerce on the great rivers Commission, on a reimbursable basis, such these significant waterways greatly of the United States, such as the Hud- administrative support services as the Com- contributed to western expansion son, the Missouri and Mississippi River mission may request. across the New World. I know the dis- systems; it transformed transoceanic (f) PROCUREMENT OF TEMPORARY AND INTER- tinguished Members from New York, MITTENT SERVICES.—The Chairperson of the travel and naval warfare and fostered Commission may procure temporary and New Jersey and Vermont strongly sup- international relations through travel intermittent services in accordance with sec- port the establishment of this commis- and trade. tion 3109(b) of title 5, United States Code, at sion, and as a student of history, I am The Hudson, Fulton and Champlain rates for individuals that do not exceed the pleased to join them today in favor of anniversaries have a rich tradition of daily equivalent of the annual rate of basic passage of H.R. 2528. commemoration, as well, by our Na- pay prescribed for level V of the Executive I want to congratulate the distin- tion. In 1909, Americans celebrated the Schedule under section 5316 of that title. (g) FACA NONAPPLICABILITY.—Section 14(b) guished gentleman from New York (Mr. 300th anniversary of these events with of the Federal Advisory Committee Act (5 HINCHEY) for advancing this legisla- maritime celebrations and art exhibi- U.S.C. App.) shall not apply to the Commis- tion. tions. New York and New Jersey cre- sion. Mr. Speaker, I reserve the balance of ated a Hudson-Fulton Celebration (h) NO EFFECT ON AUTHORITY.—Nothing in my time. Commission, and there was a Cham- this section supersedes the authority of the Mr. DAVIS of Illinois. Mr. Speaker, I plain Tercentenary in the Champlain States or the National Park Service con- yield such time as he may consume to Valley. These celebrations were exten- cerning the commemoration. (i) TERMINATION.—The Commission shall the gentleman from New York (Mr. sive and international in scope. The terminate on December 31, 2010, and shall HINCHEY), the author of this legisla- Dutch built the first replica of Hud- transfer all documents and materials of the tion. son’s ship, the Half Moon, and sent it

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.019 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7357 up the Hudson River for that observ- b 1400 As the co-founder of the Hudson River Cau- ance. It will support and facilitate mar- cus, I have worked to help realize the full edu- In 1959, Congress created the Hudson- keting efforts for a commemorative cational, environmental, and economic poten- Champlain Celebration Commission to coin, a commemorative stamp, and re- tial of the Hudson River and its waterfront. recognize the 350th anniversary and co- lated activities for the Hudson-Fulton- The event that will take place in 2009, com- ordinate Federal participation in those Champlain 2009 observances. And it memorating the 400th anniversary of Henry commemoration events. New York, will also ensure that the Hudson-Ful- Hudson’s voyage, the 200th anniversary of the New Jersey and Vermont all partici- ton-Champlain 2009 anniversaries pro- voyage of Robert Fulton, and the 400th anni- pated in the anniversaries. vide a lasting legacy and long-term versary of the voyage of Samuel de Cham- Then-Governor Nelson Rockefeller of public benefit by assisting in the devel- plain, will help to achieve these goals. This New York proclaimed 1959 the Year of opment of appropriate programs and legislation will celebrate and cherish these sig- History. Events occurred day and facilities. nificant explorers and voyages, and help en- night, such as art exhibits, perform- I urge all Members to join me in sup- sure historic preservation and increase public ance of music, drama and historic reporting this legislation, and again, I awareness for generations to come. enactments. The Netherlands, Canada, express my appreciation to the gen- I am happy to support this legislation, and I Great Britain and France were all en- tleman here today for bringing this urge my colleagues to support it. thusiastically involved. legislation to the floor. Mr. DAVIS of Illinois. Mr. Speaker, I In order for our country to showcase Mr. OSE. Mr. Speaker, I have no yield back the balance of my time. to the world the monumental effect other speakers, and I reserve the bal- Mr. OSE. Mr. Speaker, I urge my col- that exploration has had on today’s so- ance of my time. leagues to pass this bill, and I yield ciety and to celebrate the beauty, his- Mr. DAVIS of Illinois. Mr. Speaker, I back the balance of my time. tory and culture of the Hudson River yield myself such time as I may con- The SPEAKER pro tempore (Mr. LIN- and Lake Champlain, Federal planning sume. DER). The question is on the motion of- for the 400th anniversary must start Mr. Speaker, I am pleased to join fered by the gentleman from California now. The States are already planning with the gentleman from California (Mr. OSE) that the House suspend the for these anniversaries. (Mr. OSE) and the gentleman from New rules and pass the bill, H.R. 2528, as In 2002, the State of New York estab- York (Mr. HINCHEY) in support of this amended. lished a State Hudson-Fulton-Cham- legislation. The Hudson-Fulton-Cham- The question was taken; and (two- plain Commission; and in 2003, the plain Commission, as established in thirds having voted in favor thereof) State of Vermont established a Lake this act, will plan and develop pro- the rules were suspended and the bill, Champlain Quadricentennial Commis- grams in 2009 that will celebrate the as amended, was passed. sion. voyages of discovery made by Henry A motion to reconsider was laid on A Federal commission is important Hudson, Robert Fulton, and Samuel de to expand the scope of these State cele- Champlain. the table. brations, attracting and organizing a The programs and activities will f national and indeed an international mark the 400th anniversary of the voy- organization for these celebrations. age of Henry Hudson, the first Euro- SUPPORTING THE GOALS AND The commission established by this pean to sail up the Hudson River; the IDEALS OF NATIONAL PRE- bill will coordinate educational, cul- 200th anniversary of the voyage of Rob- PAREDNESS MONTH tural and historic projects, while co- ert Fulton, the first person to use Mr. OSE. Mr. Speaker, I move to sus- operating in assisting the programs steam navigation on a commercial pend the rules and agree to the concur- and activities conceived by New York, basis; and the 400th anniversary of the rent resolution (H. Con. Res. 489) sup- New Jersey and Vermont. voyage of Samuel de Champlain, the porting the goals and ideals of National Specifically, the legislation will do first European to discover and to ex- Preparedness Month. the following: It will ensure a suitable plore Lake Champlain. The Clerk read as follows: national observance of the anniversary The exploration of the Hudson River H. CON. RES. 489 through cooperation with and assist- and Lake Champlain and the introduc- Whereas devastating acts, such as the ter- ance to the programs and activities of tion of steam navigation in maritime rorist attacks on the World Trade Center and New York, New Jersey and Vermont. commerce played an important role in the Pentagon, have left many Americans It will cultivate international in- shaping New York State. In addition, concerned about the possibility of future ter- volvement in celebration activities and these early explorers opened a part of rorist incidents and their potential impact; provide an excellent opportunity to North America that was crucial to Whereas terrorists are attempting to ac- strengthen our historic and cultural international trade throughout eastern quire or develop weapons of mass destruc- ties to nations such as the Nether- New York, the North Country and the tion, such as biological, chemical, nuclear, and radiological weapons; lands, Canada, Great Britain and Lake Champlain region. France. Whereas terrorist attacks and other emer- The Hudson-Fulton-Champlain 400th gencies have, and can again, disrupt hun- It will also coordinate the activities Commemoration Commission rep- dreds of thousands of lives, resulting in sig- of Federal Government agencies such resents a unique opportunity to cele- nificant numbers of casualties, causing seri- as the Departments of Agriculture, De- brate New York, its history and its her- ous damage to buildings and our Nation’s in- fense, State, Transportation, as well as itage. frastructure, and costing billions of dollars; the National Park Service, all of which Mr. CROWLEY. Mr. Speaker, I am proud to Whereas the Department of Homeland Se- have significant resources in the Hud- support the Hudson-Fulton-Champlain 400th curity and other Federal, State, and local son and Champlain Valleys. Commemoration Commission Act, and I thank entities have been working diligently to prevent, prepare for, respond to, and recover It will encourage civic, patriotic, his- my colleague MAURICE HINCHEY for his leader- torical, educational, religious, eco- from terrorist attacks and other emer- ship on this issue. gencies; nomic and other organizations I am pleased that the bill under consider- Whereas all Americans can assist in pro- throughout the United States to orga- ation today will establish a Commission moting the Nation’s overall emergency pre- nize and participate in anniversary ac- charged with planning, developing and exe- paredness by preparing themselves and their tivities that expand the understanding cuting programs and activities appropriate to families for terrorist attacks and other and appreciation of the significance of commemorate the voyages of three explorers. emergencies; these voyages. From these early explorations and ‘‘The Leg- Whereas Americans can prepare for the un- It will provide technical assistance to end of Sleepy Hollow’’ to today’s waterfront expected by, among other things, assembling States, localities, nonprofit organiza- development projects, the Hudson River has an emergency supply kit, developing a fam- tions to further the commemoration. enriched life in New York for centuries. Safe- ily emergency communications plan, and It will coordinate and facilitate for keeping informed about possible emer- guarding the rich historical legacy of these gencies; the public scholarly research on publi- natural resources is a commitment we must all Whereas additional information about cit- cation about and interpretation of the make, and we have an obligation to educate izen preparedness can be obtained through voyages of Henry Hudson, Samuel de the public on the three explorers and their the Department of Homeland Security’s Champlain and Robert Fulton. voyages. Ready campaign, by telephone at 1–800–BE-

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.068 H22PT1 H7358 CONGRESSIONAL RECORD — HOUSE September 22, 2004 READY, and on the Internet at partments of Homeland Security and Security for initiating this bold and www.Ready.gov; Education, the American Red Cross timely program. Whereas the Department of Homeland Se- and dozens of national organizations I recently introduced this bill, along curity, the Department of Education, the have joined together to appropriately with my distinguished colleague, the America Prepared Campaign, the American gentlewoman from California (Ms. Red Cross, and a coalition of more than 50 designate this month as National Pre- national organizations will launch National paredness Month. I join with the dis- HARMAN). Her strong leadership on the Preparedness Month on September 9, 2004; tinguished chairman of the House Se- Select Committee on Homeland Secu- Whereas all 56 State and territorial gov- lect Committee on Homeland Security, rity on behalf of this measure has con- ernors have pledged to mark National Pre- the gentleman from California (Mr. tributed significantly to keeping our paredness Month with local events; and COX) to support the critical goals of citizens prepared, informed and pro- Whereas the designation of National Pre- National Preparedness Month. tected from the continued threat of paredness Month will promote public aware- Mr. Speaker, I thank my colleague, terrorism. Since September 11, this ness about the numerous ways that Ameri- the gentleman from California (Mr. Congress has worked tirelessly to im- cans can better prepare themselves and our prove the security of every town and Nation for terrorist attacks and other emer- COX) for introducing House Concurrent gencies: Now, therefore, be it Resolution 489, and I look forward to city across America. Resolved by the House of Representatives (the his words on the resolution. This month, September 2004, more Senate concurring), That the Congress— Mr. Speaker, I reserve the balance of than 80 organizations across the United (1) supports the goals and ideals of Na- my time. States in every one of the 56 United tional Preparedness Month; Mr. DAVIS of Illinois. Mr. Speaker, I States and territories are joining with (2) supports the designation of National yield myself such time as I may con- the Department of Homeland Security Preparedness Month; and sume. to encourage Americans to be prepared (3) urges the Federal Government, States, in our homes, in our businesses and in localities, schools, nonprofit organizations, Mr. Speaker, a year after the Depart- ment of Homeland Security began its our schools. businesses, other entities, and the people of As recent tragic events in Beslan the United States to observe National Pre- ad campaign to educate the American paredness Month with appropriate events people on how to prepare for a terrorist have made it clear, even our children, and activities that promote citizen and com- attack, a USA Today/CNN/Gallup poll even our schools are not immune from munity preparedness for terrorist attacks published in March found that most terrorism. As we continue to secure our trans- and other emergencies. Americans have not heeded the govern- portation systems and other critical The SPEAKER pro tempore. Pursu- ment’s advice by stocking up on food infrastructure, we must also make it a ant to the rule, the gentleman from and water, formulating a plan to con- priority to educate our citizens. Moms, California (Mr. OSE) and the gentleman tact family members and identifying a dads, students, teachers, businesses from Illinois (Mr. DAVIS) each will con- ‘‘safe room’’ in their homes. and professional men and women, every trol 20 minutes. This statistic is very troubling, be- American at his and her place of work The Chair recognizes the gentleman cause it demonstrates that the govern- can contribute to the counterterrorism from California (Mr. OSE). ment has not done an adequate job in mission. In order to work, this critical GENERAL LEAVE communicating how important it is to mission has to be a partnership, a Mr. OSE. Mr. Speaker, I ask unani- be prepared in the event of an emer- broad partnership involving not just mous consent that all Members may gency or terrorist attack. Being pre- Federal, State and local governments have 5 legislative days within which to pared could mean the difference be- but each and every citizen. revise and extend their remarks and in- tween life and death. That is why National Preparedness clude extraneous material on H. Con. Establishing a National Preparedness Month is so important and so relevant Res. 489. Month will focus the public’s attention to President Bush’s strategy for home- The SPEAKER pro tempore. Is there on emergency preparedness and help to land security. It is a creative but prac- objection to the request of the gen- resolve issues people may have, such as tical program that emphasizes clear, tleman from California? where to go and how to contact family commonsense steps that we can all There was no objection. members during an emergency. take to secure our communities, to Mr. OSE. Mr. Speaker, I yield myself As elected officials, we have a re- safeguard our neighborhoods and to such time as I may consume. sponsibility to help protect and to edu- protect our children. As Election Day nears, many Ameri- cate our constituents about the threats Every one of us has an important cans are understandably nervous about facing our Nation. H. Con. Res. 489 role to play in this effort. We can make terrorism. Each day brings news of ter- would help us to do exactly that. emergency communications plans. We ror warnings at home, terror attacks There is no such thing as a perfect should have emergency kits. We can or other developments abroad and ways plan to protect the American people work with our neighbors to promote the entire world has changed since the from an attack, but we can work to public awareness and public prepared- international war on terror began. Lit- make our plan as perfect as possible. ness. erally, we can be overwhelmed by the While the poll suggests that Americans As Secretary Ridge has reminded us, constant bombardment of these fright- are not as prepared as we should be, it national preparedness is not just a 30- ening updates. does serve as a wake-up call. day exercise. It is not going to be fin- Indeed, since September 11, our Na- So I urge my colleagues to take ad- ished and forgotten. It should be for all tion has profoundly changed. Homeland vantage of this opportunity to vote in of our citizens the renewal of a 365-day, security immediately became Amer- favor of H. Con. Res. 489 and to help 24–7 effort, a commitment to defeat ica’s greatest priority. First respond- make sure that we are as prepared as a international terrorism in our own ers, military personnel and law en- nation as we can possibly be. homes. National preparedness must be forcement officials have vigilantly de- Mr. Speaker, I yield back the balance a way of life in defense of our home. fended our homeland against further of my time. The unthinkable happened on Sep- terrorist attacks. Meanwhile, many Mr. OSE. Mr. Speaker, I am pleased tember 11, and we are making sure that Americans want to help shoulder some to yield such time as he may consume it never happens again. The Depart- of the burden in protecting the United to the gentleman from California (Mr. ment of Homeland Security is working States. They may, unfortunately, be- COX), the chairman of the Select Com- to ensure that our capable and coura- lieve that they can do little more than mittee on Homeland Security and the geous police, firefighters and emer- worry. This resolution intends to in- sponsor of House Concurrent Resolu- gency medical personnel are properly crease awareness about how Americans tion 489. trained and equipped. These first re- can better prepare themselves and our Mr. COX. Mr. Speaker, I thank the sponders must be prepared to respond Nation for terrorist attacks and other gentleman for yielding me this time. to terrorist attacks and other emer- emergencies. I rise today in support of H. Con. Res. gencies, especially if they involve bio- Mr. Speaker, this is September, the 489, which supports the objectives of logical weapons or WMDs. month in which our Nation was bru- National Preparedness Month and com- We have come a long way since 9/11, tally attacked. Consequently, the De- mends the Department of Homeland but as the President tells us time and

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.016 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7359 again, there is still much more to do to Whereas the week beginning October 3, Mr. Speaker, almost 1.7 million keep America safe. Each and every one 2004, should be celebrated as National Long- Americans live in a long-term care fa- of us, as I said, has an important role Term Care Residents’ Rights Week; cility somewhere in the United States. to play in this effort. By staying in- Whereas in recognition of National Long- With improvements in medicine and Term Care Residents’ Rights Week, individ- formed and active in our communities, uals and groups around the country will be the aging of the baby boomer genera- we can all help accomplish this. affirming the importance of quality of care tion, that number is likely to increase. I commend Secretary Ridge and the and quality of life for long-term care resi- Therefore, it is important that we take Department of Homeland Security for dents; and the steps necessary to secure the safe- inaugurating National Preparedness Whereas National Long-Term Care Resi- ty, dignity and happiness of our senior Month, which is keeping us all focused dents’ Rights Week originated in 1980, with citizens. on this important goal. resolutions introduced by Representative In 1987, the Federal Nursing Home Mr. Speaker, I yield back the balance Claude Pepper and Senator David Pryor to Reform Act was created as an impor- of my time. designate a Nursing Home Residents Day: Now, therefore, be it tant first step towards protecting the Mr. OSE. Mr. Speaker, I urge all Resolved, That the House of Representa- rights of senior citizens. The act guar- Members to support the adoption of tives— anteed seniors the right to self-deter- House Concurrent Resolution 489, and I (1) supports the goals and ideals of Na- mination, to be treated with dignity yield back the balance of my time. tional Long-Term Care Residents’ Rights and the right to voice grievances with- The SPEAKER pro tempore. The Week; and out reprisal. However, much more can question is on the motion offered by (2) encourages the President to issue a be done to educate seniors about their the gentleman from California (Mr. proclamation calling upon the people of the United States to observe that week with ap- rights. OSE) that the House suspend the rules Creating a National Long-Term Care and agree to the concurrent resolution, propriate ceremonies and activities to demonstrate the importance of long-term care Residents Rights’ Week is a step in the H. Con. Res. 489. residents to our everyday lives. right direction. One week each year, The question was taken; and (two- The SPEAKER pro tempore. Pursu- Americans will be educated about long- thirds having voted in favor thereof) ant to the rule, the gentleman from term care facilities and the quality of the rules were suspended and the con- California (Mr. OSE) and the gentleman care and the quality of life that our current resolution was agreed to. from Illinois (Mr. DAVIS) each will con- seniors deserve. A motion to reconsider was laid on Our seniors are a national treasure the table. trol 20 minutes. The Chair recognizes the gentleman that should be valued and treated with f from California (Mr. OSE). the utmost respect. There is no ques- SUPPORTING THE GOALS AND GENERAL LEAVE tion that we are a stronger, safer and IDEALS OF NATIONAL LONG- Mr. OSE. Mr. Speaker, I ask unani- more prosperous nation because of the TERM CARE RESIDENTS’ RIGHTS mous consent that all Members may hard work and sacrifices made by the WEEK have 5 legislative days within which to generations that have come before us. Mr. OSE. Mr. Speaker, I move to sus- revise and extend their remarks and in- b 1415 clude extraneous material on the reso- pend the rules and agree to the resolu- We are without doubt in their debt. I lution under consideration. tion (H. Res. 772) supporting the goals support the goals and ideals of Na- The SPEAKER pro tempore. Is there and ideals of National Long-Term Care tional Long Term Care Residents’ objection to the request of the gen- Residents’ Rights Week and recog- Rights Week, and I encourage the nizing the importance to the Nation of tleman from California? There was no objection. President to issue a proclamation that residents of long-term care facilities, calls upon the people of the United including senior citizens and individ- Mr. OSE. Mr. Speaker, I yield myself such time as I may consume. States to observe National Long Term uals living with disabilities. Care Residents’ Rights Week beginning The Clerk read as follows: Mr. Speaker, this resolution supports the goals and ideals of National Long- October 3. H. RES. 772 Term Care Residents’ Rights Week. We also need to seriously look at Whereas there are nearly 1.7 million indi- Many Americans may not be aware what is being done about the pay of in- viduals living in 17,000 nursing homes and 1 that dozens of national, State and local dividuals who work in nursing homes million individuals living in 46,000 board and and especially those at the lower lev- care and assisted living facilities in the organizations observe National Long- United States; Term Care Residents’ Rights Week dur- els. Even as I speak today, I think of Whereas residents of long-term care facili- ing the first week of October. As we ap- my father who is 93 years old and who ties, including senior citizens and individ- proach that time, I am pleased that the is probably breathing out his last uals living with disabilities, are one of the House is considering this resolution. breath in a facility today, so I have a Nation’s most valued resources; As the U.S. population grows older, great deal of concern for those individ- Whereas residents of long-term care facili- long-term care facilities become in- uals who work in these facilities and ties include the ‘‘Greatest Generation’’ of creasingly important resources for who often times are paid wages that Americans who protected our freedoms in are not commensurate with the impor- World War II and helped rebuild the world in more American families. These homes the postwar years; provide invaluable services by helping tance of the work that they do. Whereas almost 160,000 people younger people with the day-to-day care of I also would like to express apprecia- than 65 years of age live in the Nation’s nurs- their elderly loved ones. tion to the gentleman from California ing homes; Nearly 2 million Americans today (Mr. WAXMAN) for his leadership on this Whereas the Nation should honor and cele- live in assisted living homes. These important piece of legislation. brate long-term care residents, recognize people are our parents, our grand- Mr. WAXMAN. Mr. Speaker, I rise in strong their rich individuality, and reaffirm their parents, our great grandparents, our support of H. Res. 772, a resolution sup- rights as community members and citizens, porting the goals and ideals of National Long- including the right to vote; mentors, neighbors and friends. They Whereas the Federal Nursing Home Reform have lived full lives, but they have Term Care Residents’ Rights Week and rec- Act of 1987 guaranteed important rights, much more living to do. We should al- ognizing the importance of residents of long- such as the right to privacy, the right to be ways value and respect their dignity as term care facilities to our everyday lives. treated with dignity, the right to exercise that transpires. I want to thank Representative TOM DAVIS self-determination, the right to participate I thank the gentleman from Cali- and Representative DANNY DAVIS for working in the review of one’s care plan, the right to fornia (Mr. WAXMAN) for his efforts on with me to bring this resolution to the floor in be fully informed in advance of any changes House Resolution 772, and I urge its a timely manner. I also want to recognize in treatment, and the right to voice griev- adoption. Representative JOHN MCHUGH for joining me ances without discrimination or reprisal; Whereas long-term care ombudsmen, cit- Mr. Speaker, I reserve the balance of in sponsoring this National Long-Term Care izen advocates, facility staff, and family and my time. Residents’ Rights Week resolution. resident councils work to educate and em- Mr. DAVIS of Illinois. Mr. Speaker, I Since coming to Congress 30 years ago, power residents in the exercise of their yield myself such time as I may con- one of my top priorities has been improving rights; sume. the health care received by senior citizens and

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00029 Fmt 4634 Sfmt 9920 E:\CR\FM\K22SE7.072 H22PT1 H7360 CONGRESSIONAL RECORD — HOUSE September 22, 2004 persons living with disabilities. It is these peo- ment of Health and Human Services. My legis- participated in rescue, recovery, and vol- ple whom we honor during National Long- lation will also help States and local agencies untary service efforts, are necessary, proper, Term Care Residents’ Rights Week, which will combat neglect and exploitation—whether it is and fitting, but alone cannot fully capture the Nation’s desire to pay tribute in a mean- begin this year on October 3. physical, psychological or financial—such as ingful way; I am especially pleased to be following in assisting victims and at-risk seniors through Whereas it is fitting and essential to estab- the footsteps of the legendary Claude Pepper, ‘‘safe havens’’ and supporting local and state lish a lasting, meaningful, and positive leg- who first introduced a resolution in 1980 to prosecution of abuse perpetrated against the acy of service for future generations as a designate a Nursing Home Residents Day. As elderly. tribute to those heroes of September 11; many of you may remember, Claude Pepper Mr. Speaker, we should fulfill our commit- Whereas many citizens wish to memori- was a tireless advocate for the interests of ment to seniors and disabled Americans. And alize September 11 by engaging in personal senior citizens and the disabled during his five we must ensure that resolutions like these and individual acts of community service or decades of public service. Since 1980, this other giving activities as part of a national move forward to demonstrate our obligations day of recognition and tribute; and commemoration has been broadened to in- to those who need our help. I thank the gen- Whereas to lose this opportunity to bring clude all 2.7 million persons who live in nurs- tleman from California, Mr. WAXMAN, for intro- people together for such an important ening homes, assisted living facilities, and board ducing this important resolution, and I urge my deavor would be a tragedy unto itself: Now, and care facilities in the U.S. colleagues to support passage of H. Res. 772. therefore, be it A large number of these long-term care resi- Mr. DAVIS of Illinois. Mr. Speaker, I Resolved by the House of Representatives (the dents are members of America’s ‘‘Greatest yield back the balance of my time. Senate concurring), That— Generation’’—those men and women who pro- Mr. OSE. Mr. Speaker, I ask that my (1) it is the sense of Congress that it is ap- tected our freedoms in World War II and propriate to annually observe Patriot Day, colleagues support the passage of this September 11, with voluntary acts of service helped rebuild the world in the post-war years. important legislation. and compassion in honor of the lives lost on Our Nation should honor and celebrate these Mr. Speaker, I yield back the balance that day and in the spirit of selflessness and residents, recognize their rich individuality, and of my time. unity demonstrated by those who partici- reaffirm their rights. These rights include the The SPEAKER pro tempore (Mr. LIN- pated in the rescue, recovery, and voluntary right to privacy, the right to be treated with DER). The question is on the motion of- service activities that day; and dignity, the right to review one’s care plan, the fered by the gentleman from California (2) Congress urges the President to issue a proclamation calling upon the people of the right to voice grievances without fear of re- (Mr. OSE) that the House suspend the prisal, and the right to vote. United States to annually observe Patriot rules and agree to the resolution, H. Day, September 11, with appropriate and per- Mr. Speaker, residents of long-term facilities Res. 772. sonal expressions of voluntary service, char- are a vital part of our Nation and they deserve The question was taken; and (two- ity, and compassion toward others. our honor today. I urge the passage of H. thirds having voted in favor thereof) The SPEAKER pro tempore. Pursu- Res. 772. the rules were suspended and the reso- ant to the rule, the gentleman from Mr. EMANUEL. Mr. Speaker, I rise in strong lution was agreed to. California (Mr. OSE) and the gentleman support of H. Res. 772, which recognizes the A motion to reconsider was laid on from Illinois (Mr. DAVIS) each will con- importance of residents of long-term care fa- the table. trol 20 minutes. cilities to the Nation, including senior citizens f The Chair recognizes the gentleman and individuals living with disabilities. This res- from California (Mr. OSE). olution calls for the week beginning October 3, EXPRESSING THE SENSE OF CON- GENERAL LEAVE 2004 to be celebrated as National Long-Term GRESS THAT THE PRESIDENT Mr. OSE. Mr. Speaker, I ask unani- Care Residents’ Rights Week. SHOULD DESIGNATE SEPTEMBER mous consent that all Members may We should do all that we can to help senior 11 AS A NATIONAL DAY OF VOL- have 5 legislative days within which to citizens and individuals living with disabilities UNTARY SERVICE, CHARITY, revise and extend their remarks and in- maintain their rights and dignity in their daily AND COMPASSION clude extraneous material on H. Con. lives as they strive to participate in the com- Mr. OSE. Mr. Speaker, I move to sus- Res. 473. munity and make meaningful contributions to pend the rules and agree to the concur- The SPEAKER pro tempore. Is there our society. Helping them achieve their goals rent resolution (H. Con. Res 473) ex- objection to the request of the gen- and dreams, and empowering them with the pressing the sense of Congress that the tleman from California? resources they need to lead rewarding lives President should designate September There was no objection. depend on making sure their rights and bene- 11 as a national day of voluntary serv- Mr. OSE. Mr. Speaker, I yield myself fits are preserved and strengthened. The ob- ice, charity, and compassion, as such time as I may consume. jectives set forth under this resolution are con- Mr. Speaker, in September 2002 Presi- amended. sistent with these laudable goals. dent Bush declared the anniversary of The Clerk read as follows: Our nation’s elderly include approximately the September 11 terrorist attacks as 1.7 million who are living in 17,000 nursing H. CON. RES. 473 Patriot Day. The President said Sep- homes and 1 million living in 46,000 assisted Whereas, across the Nation and around the tember 11 should be a national time for living facilities in the United States. About world, people of all ages and walks of life prayer and remembrance for the heroes 160,000 people younger than 65 years of age collectively witnessed an event of immense tragedy on September 11, 2001; America lost on that fateful, Earth- live in the Nation’s nursing homes. These Whereas the events of that day instantly shattering day. Accordingly, House numbers show the elderly and disabled con- transformed many lives, some through per- Concurrent Resolution 473 states that stitute growing significant segments of our sonal loss, and many others through an unfa- it is appropriate to annually observe population and that we should recognize their miliar sense of individual and national vul- Patriot Day on September 11. I join specific needs and challenges and how to nerability; with my colleagues in urging strong best serve their interests. I encourage my col- Whereas an unprecedented, historic bond- support of this meaningful resolution. leagues, therefore, to support the goals and ing of Americans arose from the collective Mr. Speaker, the resolution before us ideals of National Long-Term Care Residents’ shock, unifying the Nation in a sustained takes the call for remembrance a step outpouring of national spirit, pride, selfless- Rights Week, and I welcome the participation ness, generosity, courage, and service; forward. It urges people to commemo- of long-term care advocates as we strive to Whereas, on that day and the immediate rate the day with voluntary acts of help those in such facilities lead productive days that followed, many brave people hero- compassion towards loved ones, neigh- and rewarding lives. ically, tirelessly, and courageously partici- bors and others. These actions can My commitment to our seniors in long-term pated in an extraordinarily difficult and dan- have great effects on our communities care facilities and who are cared for by their gerous rescue and recovery effort, in many all year long. families is why I introduced ‘‘The Elder Justice cases voluntarily putting their own well With little question, September 11, Act’’ (H.R. 2490). This bill will elevate prob- being at risk; 2001, ushered in a new era in American Whereas September 11 will never and history. This is a period in which we lems associated with abuse against seniors to should never be just another day in the national attention by consolidating existing hearts and minds of all Americans; need to be vigilant, aware, unafraid, government functions dealing with the problem Whereas the creation of memorials and and appreciative of our freedoms. But in several different federal agencies under a monuments honoring the lives lost on Sep- because countless Americans have em- new Elder Justice Office within the Depart- tember 11, as well as the efforts of those who braced the sentiment of this resolution

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.021 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7361 in the past 3 years, this new era can be body for introducing a similar piece of Mr. OSE. Mr. Speaker, I urge my col- one of not just security and freedom legislation, because this is truly a bi- leagues to vote as the gentleman from but compassion and charity as well. partisan measure. Illinois (Mr. DAVIS) did, unanimously I congratulate the gentleman from Mr. Speaker, the attacks on the in favor of this resolution. New York (Mr. KING), my distinguished United States on September 11, 2001, Mr. OWENS. Mr. Speaker, I ask that my colleague, who will speak in a minute, were obviously the worst national trag- statement be included in the RECORD in its en- for his work to move forward House edy to ever affect this country. The tirety and request permission to revise and ex- Concurrent Resolution 473. deaths, the suffering which so many tend my remarks. people went through certainly in my Mr. Speaker, I reserve the balance of Mr. Speaker, the bill before us would ex- district and adjoining districts, there my time. press the sense of Congress that September Mr. DAVIS of Illinois. Mr. Speaker, I were many hundreds of people killed 11 be designated a national day of voluntary yield myself such time as I may con- that day, certainly down here at the service, charity and compassion in recognition sume. Pentagon there were many more killed, of the nearly 3,000 Americans who lost their Mr. Speaker, since the tragedy of almost 3,000 people killed all together. lives in the terrorist attacks at the World Trade September 11, volunteerism has experi- And, again, it was a time of excru- Center, the Pentagon, and the hijacked plane enced a renewed popularity in our ciating agony, torment, and suffering. that crashed in Pennsylvania. Clearly, all country. Government officials, reli- But as tragic and as terrible as those those who tragically lost their lives that day gious leaders, political activists, days were, we also saw something arise will forever be memorialized by New Yorkers health professionals and others all in this country, a sense of unity, a and the Nation at large. Likewise, it is impor- have noted the importance of vol- sense of people coming together, a tant that we all continue to pay tribute to the unteerism and the positive impact it sense of the country standing as one. countless rescue and recovery workers and has on families and communities. Obviously in a democratic society, a volunteers who toiled heroically to locate sur- It is fitting, therefore, that we des- mood of total unity is never going to vivors as well as the deceased and to clean ignate September 11 as a national day prevail for very long; and it is probably up the Pentagon and Ground Zero. of voluntary service, charity, and com- just as well that we do have our par- passion. tisan differences, we have our ideolog- Yet it is imperative that we do far more than After September 11, many Americans ical differences. That is what makes a pay symbolic tribute to these front-line heroes. channeled their fear, anger, sadness, democracy what it is. But on the other For many on the front lines at Ground Zero in and frustration into volunteerism. hand, I do wish we could bring back particular, 9/11 can never be a distant mem- Americans joined the military, volun- some of that sense of unity that we had ory. Many of these dedicated workers, from teered with local charities, and con- in those days immediately following the search and rescue teams to the clean-up tributed to good causes. Our citizens September 11, when people donated and construction crews, have significant and have shown tremendous resolve by blood, when people raised funds, when lingering health problems as a direct result of using the tragedy of September 11 to people actually went to the site of the exposure to a wide range of toxins. A number help the less fortunate and those in World Trade Center to assist the rescue have had to retire from active duty due to seri- need. workers who were there. It was just a ous breathing and respiratory symptoms. Far There are many battles won and lost tremendous sense of national unity. too many can no longer work at their chosen What I have attempted to do with every day in America. These battles occupations. Others will never be able to work this resolution is to have the President are not exclusive to fighting terrorism. again. establish a day which would commemo- They include fights to eradicate pov- On Workers Memorial Day in 2003, I held a rate September 11. It would call upon erty, to improve education, and to re- forum in New York City to examine the health people to give of themselves. This is duce crime. By creating a national day status of the 9/11 workers, including a large not going to be a holiday. We are not of service, we will be giving the Amer- contingent of immigrant workers entrusted with talking about giving people time off. decontaminating Ground Zero. We must en- ican people another vehicle for chan- We are asking people to go back to sure that these brave 9/11 workers, including neling their grief into progress along that sense of giving and donate their the group of day laborers; receive all appro- their own streets, within their own time and their efforts. communities, and around the world. People could donate blood. People priate health care and monitoring as long as By working together on a day dedi- could take part in food drives. People necessary. We must also ensure that the cated to volunteerism, we Americans could go to distribute food to the poor health and safety blunders made in this case, can create the next defining moment in and to the needy. They can go to vet- and the failure to protect our workers, are our history, one marked by generosity, erans hospitals. They could work with never repeated again. understanding, and compassion. I urge senior citizens. They could help Alz- Mr. Speaker, I hope and expect that in the the President to designate officially heimer’s patients. They could just find very near future, we will act upon legislation September 11 as a day of service a way to show a sense of giving which providing the critical health and compensation through which the American people so prevailed in our country after Sep- these brave 9/11 workers merit and require. can continue this movement of good tember 11. Mr. OSE. Mr. Speaker, I yield back will towards others. There are many ways we can honor the balance of my time. Mr. Speaker, I urge unanimous pas- the legacy of those who died on Sep- The SPEAKER pro tempore. The sage of this resolution. tember 11. We can certainly do it by question is on the motion offered by Mr. Speaker, I have no further speak- winning the war on terrorism. We can the gentleman from California (Mr. ers, and I yield back the balance of my do that by establishing as much of a bi- OSE) that the House suspend the rules time. partisan policy as we can in combating and agree to the concurrent resolution, Mr. OSE. Mr. Speaker, I yield such terrorism. But we can also do it in a H. Con. Res. 473, as amended. time as he may consume to the gen- way which really crosses all ideological The question was taken; and (two- tleman from New York (Mr. KING), the and partisan divides. That is by work- sponsor of this resolution. thirds having voted in favor thereof) ing together, by helping our fellow the rules were suspended and the con- Mr. KING of New York. Mr. Speaker, man, by helping our neighbor, by com- current resolution, as amended, was I thank the gentleman from California ing together. That is what this resolu- agreed to. (Mr. OSE) for yielding me time. tion attempts to do. Mr. Speaker, I rise in support of H. We call upon the President to des- The title of the concurrent resolution Con. Res. 473, and I thank the gen- ignate September 11 as a national day was amended so as to read: ‘‘A concur- tleman from California for his efforts of voluntary service, charity, and com- rent resolution expressing the sense of on having this on the floor today. And passion. I strongly urge this House to Congress that it is appropriate to an- I thank the distinguished gentleman adopt this resolution. nually observe Patriot Day, September from Illinois (Mr. DAVIS) for the bipar- I thank the gentleman from Cali- 11, with voluntary acts of service and tisan support which he has given to fornia (Mr. OSE), the gentleman from compassion.’’. this resolution. I also wanted to com- Illinois (Mr. DAVIS), and all those who A motion to reconsider was laid on mend Senator SCHUMER in the other co-sponsored it with me. the table.

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.077 H22PT1 H7362 CONGRESSIONAL RECORD — HOUSE September 22, 2004 EVA HOLTZMAN POST OFFICE dent and an institution in Ridgeway, member, and Denise Wilson, along with Mr. OSE. Mr. Speaker, I move to sus- North Carolina. the entire staff from the Committee on pend the rules and pass the bill (H.R. Mr. Speaker, I reserve the balance of Government Reform, for moving so 5039) to designate the facility of the my time. quickly in seeing the value of this leg- United States Postal Service located at Mr. DAVIS of Illinois. Mr. Speaker, I islation. United States Route 1 in Ridgeway, yield myself such time as I may con- Mr. Speaker, we are here today to North Carolina, as the ‘‘Eva Holtzman sume. honor a great woman, a great commu- Post Office’’. Mr. Speaker, as the ranking member nity leader and a great American who The Clerk read as follows: of the Special Panel on Postal Reform helped so many people throughout my H.R. 5039 and Oversight of the Committee on home State of North Carolina. Be it enacted by the Senate and House of Rep- Government Reform, I am pleased to Today, Mr. Speaker, we show our ap- resentatives of the United States of America in join my colleagues in consideration of preciation for an extraordinary woman, Congress assembled, H.R. 5039, legislation designating a U.S. Ms. Eva Holtzman, by naming the post SECTION 1. EVA HOLTZMAN POST OFFICE. postal facility in Ridgeway, North office in Ridgeway, North Carolina, in (a) DESIGNATION.—The facility of the Carolina, after Eva Holtzman. her honor. Affectionately called ‘‘Ms. United States Postal Service located at This measure unanimously reported Eva’’ by all who knew her, she loved United States Route 1 in Ridgeway, North by our committee on September 15, the town of Ridgeway with all of her Carolina, shall be known and designated as 2004, was introduced by the gentleman heart. She called Ridgeway her home. the ‘‘Eva Holtzman Post Office’’. from North Carolina (Mr. BUTTER- She lived and worked there her entire (b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other FIELD) on September 9, 2004, and enjoys life. She reared four children and ulti- record of the United States to the facility re- the support and co-sponsorship of the mately was laid to rest in that commu- ferred to in subsection (a) shall be deemed to entire North Carolina delegation. nity. be a reference to the Eva Holtzman Post Of- As a lifelong resident of Ridgeway, Ms. Eva was born in 1918 and edu- fice. Eva Holtzman was a well-respected, cated in Warren County public schools, The SPEAKER pro tempore. Pursu- hard-working community leader. She graduating with honors from Norlina ant to the rule, the gentleman from worked at the Ridgeway Post Office for High School in rural North Carolina. California (Mr. OSE) and the gentleman an extraordinary 50 years, serving 38 of Ms. Holtzman was a strong force in from Illinois (Mr. DAVIS) each will con- those years as postmaster. Her dedica- the 4–H association, starting a chapter trol 20 minutes. tion went far beyond a plaque on the out of her home that eventually had to The Chair recognizes the gentleman doorway, however. move to a local church because of its from California (Mr. OSE). A perfect example of Ms. Holtzman’s popularity. Her 50-year tenure with 4–H GENERAL LEAVE dedication to her fellow residents came and teaching Sunday school at St. Mr. OSE. Mr. Speaker, I ask unani- in the early 60s when, following the Paul’s Lutheran Church did not go un- mous consent that all Members may closing of the local post office, she con- noticed when in the year 2000 she was have 5 legislative days within which to structed her own post office and oper- presented with the Jefferson Award for revise and extend their remarks and inated it herself. her outstanding and selfless vol- clude extraneous material on H.R. 5039. Known to people who knew her well unteerism by then-Governor Jim Hunt. The SPEAKER pro tempore. Is there as Miss Eva, Eva Holtzman donated a Mr. Speaker, Ms. Holtzman was also objection to the request of the gen- substantial amount of her time to the a dedicated public servant. She worked tleman from California? community as well, starting a 4–H cen- at the post office for 50 years, 38 of There was no objection. ter and initially operating it out of her those years as its postmaster. When Mr. OSE. Mr. Speaker, I yield myself own home. The gentleman from North the Ridgeway Post Office was closed in such time as I may consume. Carolina (Mr. BUTTERFIELD) has de- the early 1960s, Ms. Holtzman refused Mr. Speaker, I rise in support of H.R. scribed her as being a model citizen: to let the town live without a post of- 5039, a bill to designate this postal fa- ‘‘With the uncertainty and chaos that fice and built a new one on her own. cility in Ridgeway, North Carolina, as exists in our world today, I can think Sadly, Eva passed away 3 years ago, the Eva Holtzman Post Office. All of nothing better than to honor the leaving behind her beloved post office Members of the North Carolina delega- memory of one of North Carolina’s fin- that she worked so hard to preserve. tion have cosponsored the gentleman est citizens by naming the post office As one of her Sunday school stu- from North Carolina’s (Mr. BUTTER- she loved and worked so hard for, the dents, who is now an adult, said, ‘‘Ev- FIELD) legislation. Eva Holtzman Post Office.’’ erything I learned, I learned because of A community leader, a postal super- Mr. Speaker, I urge swift passage of Ms. Eva.’’ And when asked why she visor, a friend, a grandmother of seven, this bill. tirelessly dedicated her life to the citi- and a great-grandmother of four, Eva Mr. Speaker, I reserve the balance of zens of North Carolina, she always Holtzman was an exemplary role model my time. said, ‘‘It’s just wonderful to be able to for the small North Carolina commu- Mr. OSE. Mr. Speaker, I have no fur- do things for others. I just enjoy peo- nity of Ridgeway. ther speakers, and I reserve the bal- ple.’’ Eva Holtzman served as postmaster ance of my time. Mr. Speaker, while Ms. Eva Holtzman of Ridgeway for 38 years, ultimately re- Mr. DAVIS of Illinois. Mr. Speaker, I is deserving of far greater accolades. I tiring at age 80. She was a wonderfully yield such time as he may consume to am sure they will come in time, but it devoted postal supervisor. During her the gentleman from North Carolina is my great pleasure to offer this legis- tenure as postmaster, this is great, the (Mr. BUTTERFIELD), the sponsor of this lation on her behalf. I strongly urge Postal Service once announced plans to legislation. this body to pass this bill. close the community post office at Mr. OSE. Mr. Speaker, I reserve the which she worked in order to widen the b 1430 balance of my time. county roads. In response, she went out Mr. BUTTERFIELD. Mr. Speaker, I Mr. DOGGETT. Mr. Speaker, I ask and purchased land with her own thank the gentleman for yielding me unanimous consent to take the time money and oversaw the construction of time. that the gentleman from Illinois (Mr. a brand new post office. Mr. Speaker, I want to express my DAVIS) has been given. He has had a Mr. Speaker, Eva Holtzman was per- sincere appreciation for the strong bi- family emergency in connection with haps best known for her community in- partisan support of my distinguished his father. I know our prayers will be volvement. For more than 5 decades, colleagues from the North Carolina with him. she volunteered with the 4–H Club and delegation, both House and Senate, in The SPEAKER pro tempore (Mr. LIN- taught Sunday school. Additionally, their sponsorship of this bill. DER). Is there objection to the request she volunteered with Warren County’s I would also like to thank the gen- of the gentleman from Texas? health department and social services. tleman from Virginia (Chairman TOM There was no objection. I urge my colleagues to honor Eva DAVIS) and the gentleman from Cali- Mr. DOGGETT. Mr. Speaker, I yield Holtzman, a benevolent lifetime resi- fornia (Mr. WAXMAN), the ranking back the balance of our time.

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.079 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7363 Mr. OSE. Mr. Speaker, I ask our col- the French flag during World War I. of the New York delegation, I am proud leagues to vote in favor of this resolu- For his incredible valor and skill in to support H.R. 480 which designates tion, and I yield back the balance of combat, Sergeant Johnson post- the U.S. postal service facility at 747 our time. humously earned a Purple Heart, a Dis- Broadway in Albany, New York, as the The SPEAKER pro tempore. The tinguished Service Cross and even the Henry Johnson Annex. question is on the motion offered by greatest French military honor, the Henry Johnson was a native of Al- the gentleman from California (Mr. Croix de Guerre. bany, served in World War I, and was OSE) that the House suspend the rules Mr. Speaker, one byproduct of the an African American who joined the and pass the bill, H.R. 5039. war on terror has been a renewed and all-black New York National Guard The question was taken; and (two- sincere national appreciation for the unit, the 369th Infantry Regiment, thirds having voted in favor thereof) sacrifices of the men and women in the based in Harlem. the rules were suspended and the bill Armed Forces. This bill, H.R. 480, gives Mr. Speaker, about 400,000 black sol- was passed. this Congress a chance to publicly ac- diers served in the Armed Forces at A motion to reconsider was laid on knowledge and appreciate a great pa- that time. Half were sent overseas, and the table. triot of America’s past. Sergeant John- many were stationed in France. They were not allowed to serve with white f son was a terrific hero of World War I, about whom Americans should never soldiers. They were not allowed to UNITED STATES POSTAL SERVICE forget. fight with American combat units. But HENRY JOHNSON ANNEX I am hopeful that this postal facility the members of the 369th soon proved Mr. OSE. Mr. Speaker, I move to sus- will soon wear the name of Sergeant themselves. They became known as the pend the rules and pass the bill (H.R. Henry Johnson, and I urge the other ‘‘Harlem Hell Fighters,’’ and that was 480) to redesignate the facility of the body to swiftly consider H.R. 480. I urge not a name they took for themselves. United States Postal Service located at our colleagues to vote in favor. That was a name given to them by 747 Broadway in Albany, New York, as Mr. Speaker, I reserve the balance of their enemies. the ‘‘United States Postal Service my time. No one personified the bravery of the Henry Johnson Annex.’’ Mr. DOGGETT. Mr. Speaker, I yield 369th more than Henry Johnson. On The Clerk read as follows: myself such time as I may consume. guard duty on May 14, 1918, then-Pri- vate Johnson came under attack by a H.R. 480 Mr. Speaker, I thank our colleague, the gentleman from New York (Mr. German raider party of two dozen. De- Be it enacted by the Senate and House of Rep- spite sustaining 21 wounds, he single- resentatives of the United States of America in MCNULTY), for introducing this legisla- Congress assembled, tion which was unanimously reported handedly fought off the Germans and rescued one of his buddies . . . with SECTION 1. UNITED STATES POSTAL SERVICE by the Committee on Government Re- HENRY JOHNSON ANNEX. form on September 15. It enjoys the only a rifle and his bare hands. He be- (a) REDESIGNATION.—The facility of the full support of the entire New York del- came the first American of any color— United States Postal Service located at 747 egation. in any conflict—to receive the Croix de Broadway in Albany, New York, and known Sergeant Henry Johnson, an Albany Guerre, France’s highest military dec- as the United States Postal Service Carrier native, served in the U.S. Army from laration. Annex, shall be known and designated as the His exploits got newspaper coverage June 1917 until February 1919. As an Af- ‘‘United States Postal Service Henry John- in America and throughout Europe. He rican American, he was unable to fight son Annex’’. was featured in Teddy Roosevelt’s (b) REFERENCES.—Any reference in a law, at that time in an American combat map, regulation, document, paper, or other book, ‘‘Rank and File: True Stories of unit, and therefore, he became part of the Great War.’’ The Army used John- record of the United States to the facility re- what was known as the ‘‘Harlem Hell ferred to in subsection (a) shall be deemed to son’s name and likeness to advertise Fighters,’’ who fought in Europe under for war bonds and to recruit minorities be a reference to the United States Postal the French flag with great courage and Service Henry Johnson Annex. into service. distinction. Yet, at that time, despite all he had The SPEAKER pro tempore. Pursu- While on duty, he single-handedly ant to the rule, the gentleman from done, Johnson received no official rec- fought off a German raider party of ognition from his government. None. California (Mr. OSE) and the gentleman more than 20 troops, and despite nu- from Texas (Mr. DOGGETT) each will That recognition came much later. merous wounds, he rescued a fellow sol- After the war, Henry Johnson re- control 20 minutes. dier from capture and killed several The Chair recognizes the gentleman turned to upstate New York and enemy soldiers. As a result of his her- worked on the railroad. He later died from California (Mr. OSE). oism, as our colleague has indicated, he penniless on the streets of Albany, New GENERAL LEAVE received numerous medals. York. Mr. OSE. Mr. Speaker, I ask unani- When he returned from Europe to a Since integration of the military in mous consent that all Members may segregated America, he experienced 1950, some African American service have 5 legislative days within which to great difficulty and died unrecognized men and women have been recognized revise and extend their remarks and in- by his own country in 1929. I truly be- for their gallant service. Recognition clude extraneous material on H.R. 480, lieve that it is never too late to reward of African Americans prior to integra- the bill under consideration. a person for service to their country, tion, alarmingly neglected for so many The SPEAKER pro tempore. Is there and for that reason, I am pleased to years, had finally begun. objection to the request of the gen- join with the gentleman from New It was not until 1997, Mr. Speaker, tleman from California? York (Mr. MCNULTY) and our other col- that Henry Johnson was posthumously There was no objection. leagues to redesignate a U.S. postal fa- awarded the Purple Heart. I was proud Mr. OSE. Mr. Speaker, I yield myself cility in Albany after Henry Johnson. to be there for that ceremony. In 2002, such time as may consume. I urge swift passage of this legisla- his grave was found in Arlington Na- Mr. Speaker, H.R. 480, introduced by tion. tional Cemetery, not in the pauper’s the gentleman from New York (Mr. Mr. OSE. Mr. Speaker, I reserve the cemetery outside of Albany where he MCNULTY), redesignates the Albany balance of our time. was believed to be buried. In 2003, at postal facility as the Henry Johnson Mr. DOGGETT. Mr. Speaker, I yield the Pentagon, in an official service, Annex. This legislation honors Ser- such time as he may consume to the Herman Johnson, the son of Henry geant Henry Johnson, a hero of World gentleman from New York (Mr. Johnson, a distinguished veteran him- War I and a native of Albany. MCNULTY), the author of this legisla- self, accepted the Distinguished Serv- Sergeant Johnson was a member of tion. ice Cross, the Army’s number two the Army’s all-black 369th Infantry Mr. MCNULTY. Mr. Speaker, I thank award, for his Dad. Regiment, but because black soldiers my colleague for yielding. In 2003, Mr. Speaker. Henry Johnson were unable to fight in American com- On behalf of the gentleman from New did all of these things in 1918, and it bat units overseas, Sergeant Johnson York (Mr. RANGEL), the gentleman took until 2003 to award him the Dis- actually fought on the allied side under from New York (Mr. SWEENEY) and all tinguished Service Cross. Many of us

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.086 H22PT1 H7364 CONGRESSIONAL RECORD — HOUSE September 22, 2004 are still disappointed that despite all of leadership on a course that included the With his victory, Lance Armstrong the documentation we have given to mountainous terrain of the Pyrenees and the further cemented his place as one of the Pentagon that he has not received Alps, cobblestones, crashes among competi- sports’ greatest individual athletes. His tors, and inclement French weather on his the award that he truly deserves, way to winning his 6th Tour de France; incredible accomplishment of six which is the Congressional Medal of Whereas in 1997, Lance Armstrong defeated straight grueling Tour de France wins Honor. choriocarcinoma, an aggressive form of tes- can be ranked among any of sports’ Mr. Speaker, today, I want to give ticular cancer that had spread throughout greatest feats; Joe Dimaggio’s 56-game public thanks to John Howe, the histo- his abdomen, lungs, and brain, and after hitting streak and Cal Ripken’s 2,632 rian of Albany’s 369th Veterans Asso- treatment has remained cancer-free for the consecutive games played; Edwin ciation and all of his colleagues who past 7 years; Moses’ 107 straight hurdles finals wins have worked for years and years to get Whereas Lance Armstrong is the first can- in track; Wayne Gretzky’s 51-game cer survivor to win the Tour de France; these recognitions for Henry Johnson. Whereas Lance Armstrong’s courage and scoring streak in hockey; Bobby Bonds’ I want to thank the gentleman from resolution to overcome cancer have made soon-to-break Henry Aaron’s record. New York (Mr. RANGEL) and the gen- him a role model to cancer patients and These are all amazing accomplish- tleman from New York (Mr. SWEENEY), their families around the world, and his ef- ments, and by virtue of his victory, both of whom have taken leadership forts through the Lance Armstrong Founda- Lance Armstrong quite simply joins positions in making sure that we cor- tion have helped to advance cancer research, those people as an athlete for the ages. rect these injustices of the past, along diagnosis, and treatment, and after-treat- Perhaps more amazing than being the ment services; with Senators CLINTON and SCHUMER Whereas Lance Armstrong is the world’s world’s greatest cyclist is the fact that who have been stalwart supporters of most recognizable face of cycling, which is Lance is living, period. Eight years the effort to award the Congressional not only a sport, but a healthy fitness activ- ago, he overcame a deadly form of can- Medal of Honor to Henry Johnson. ity, a pollution-free transportation alter- cer. Mr. Speaker, the cause endures. I native, and a metaphor for life; Lance has been a stellar athlete since thank all of my colleagues today for Whereas Lance Armstrong continues to his youth, playing soccer and cycling, supporting this bill, but believe me, represent his hometown of Austin, his home but after high school, he focused solely Mr. Speaker, based on the record, we state of Texas, and the United States with on cycling. From 1991 through 1996, should be doing a lot more than nam- unparalleled distinction; Whereas Lance Armstrong serves as an in- Lance won 13 bike races, including the ing a post office building after Henry spiration to children and adults throughout U.S. National Amateur Championship Johnson. We have worked hard through the world, teaching people that they can in 1991 and the World Championships in the years. We got the Purple Heart and overcome incredible odds and achieve their 1993. By 1996, Armstrong was the top we got the Distinguished Service Cross. loftiest goals through hard work, determina- ranked cyclist in the world. But during We need to go the final step and obtain tion, and belief in themselves; and 1996, after a victory at the Tour Dupont the Congressional Medal of Honor for Whereas Lance Armstrong’s accomplish- in North Carolina, he began to feel fa- Henry Johnson. ments as an athlete, teammate, cancer survivor, and advocate have made him an inspi- tigued and more discomfort than usual, I thank all the members of our New ration to millions of people around the even after an exhausting race. Later York delegation, and the many others world: Now, therefore, be it that year, he was diagnosed with tes- in the Congress and across this country Resolved, That the House of Representa- ticular cancer. for staying with us in this battle tives— Some of Lance’s doctors at the time through the years. In the end, Mr. (1) congratulates Lance Armstrong on his gave him only a 40 percent chance of Speaker, justice shall prevail. historic victory in the 2004 Tour de France; surviving. And interestingly enough, Mr. DOGGETT. Mr. Speaker, I have (2) commends the unwavering commitment he is quoted in his book as saying he no further speakers, and I yield back to cancer awareness and survivorship demonstrated by Lance Armstrong; and thought they were being kind. Lance the balance of my time. (3) directs the Clerk of the House of Rep- underwent three major operations. He Mr. OSE. Mr. Speaker, I would just resentatives to transmit an enrolled copy of endured chemotherapy to fight off the ask that our colleagues to support this this resolution to Lance Armstrong. disease that had spread to his abdo- legislation, and I yield back the bal- The SPEAKER pro tempore. Pursu- men, his lungs and his brain. And re- ance of my time. ant to the rule, the gentleman from markably, with the help of our sci- The SPEAKER pro tempore. The California (Mr. OSE) and the gentleman entists and medicine, the treatments question is on the motion offered by from Texas (Mr. DOGGETT) each will were successful. Within a short year of the gentleman from California (Mr. control 20 minutes. being diagnosed with cancer, he was OSE) that the House suspend the rules The Chair recognizes the gentleman pronounced cancer free. and pass the bill, H.R. 480. from California (Mr. OSE). As a survivor, Lance became one of The question was taken; and (two- GENERAL LEAVE the world’s most influential cancer re- thirds having voted in favor thereof) Mr. OSE. Mr. Speaker, I ask unani- search advocates. You and I probably the rules were suspended and the bill mous consent that all Members may see him on TV every now and then. He was passed. have 5 legislative days within which to founded the Lance Armstrong Founda- A motion to reconsider was laid on revise and extend their remarks and in- tion to promote cancer research and the table. clude extraneous material on H. Res. awareness. He also wrote the best sell- f 761, the resolution under consideration. ing book, It’s Not About the Bike: My CONGRATULATING LANCE ARM- The SPEAKER pro tempore. Is there Journey Back to Life. It tells the full STRONG ON RECORD-SETTING objection to the request of the gen- story of how his early successes were VICTORY IN 2004 TOUR DE tleman from California? interrupted by cancer, how he survived There was no objection. FRANCE cancer and how he eventually returned Mr. OSE. Mr. Speaker, I yield myself to racing and won his first Tour de Mr. OSE. Mr. Speaker, I move to sus- such time as I may consume. France in 1999. pend the rules and agree to the resolu- Mr. Speaker, today the House cele- Mr. Speaker, now that Lance has won tion (H. Res. 761) congratulating Lance brates flat out the greatest cyclist who his sixth straight race at the Tour de ever lived. Lance Armstrong won his Armstrong on his record-setting vic- France, I strongly urge adoption of this record sixth Tour de France title in tory in the 2004 Tour de France. measure. We all congratulate Lance for The Clerk read as follows: July, and for that reason, we honor his the most recent of his six incredible successes on the House floor today. H. RES. 761 wins on the world’s greatest cycling Whereas Lance Armstrong has proven him- He broke the record of five straight tours held by himself and Spain’s stage and for his fervent advocacy of self to be the premier cyclist in the world cancer research. I urge my colleagues with his most recent Tour de France victory; Miguel Indurain who won the race from Whereas Lance Armstrong’s victory on 1991 through 1995. to adopt this resolution. Today, it is not Vive la France; today, it is Vive la July 25, 2004 makes him the only cyclist in b 1445 history to win the Tour de France 6 times; Lance. Whereas Lance Armstrong displayed in- No one had ever even won six Tour de Mr. Speaker, I reserve the balance of credible perseverance, determination, and France races, let alone six straight. my time.

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.091 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7365 Mr. DOGGETT. Mr. Speaker, I yield world again and again, again and Well, it is not just that Lance Arm- myself such time as I may consume. again, that determination, character strong has faced difficult cir- Mr. Speaker, I am here today to and perseverance accomplish just that. cumstances with cancer, he also out- honor a survivor, a role model, a real- His accomplishments remind us that lines in his own book the challenges he life American hero and, yes, a proud for more people there should be life faced as a cyclist on highways and by- citizen of the capital city of the Lone after cancer, and it should be meaning- ways in Texas. Through the efforts not Star State of Texas. ful. only of Lance but of the Texas Bicycle The name Lance Armstrong simulta- This proud Texan and cancer sur- Coalition and particularly its very ef- neously strikes fear in the hearts of vivor, public health advocate, Olym- fective leader and executive director, competitors, hope in the hearts of can- pian and, now, six time Tour de France Robin Stallings, we are doing much to cer victims, inspiration for survivors champion has captivated the imagina- promote increased use of cycling in around the world and pride in the tion and won the hearts of my Texas for all, bike to work, bike to hearts of Americans everywhere. homestate of Texas, our Nation and the school and safe programs going to After winning his sixth consecutive world. I believe it is fair to say that no- school. Even if it is just going down to Tour de France, the most of any cyclist where is the enthusiasm greater than get a gallon of milk or a recreational in the history of this event, we have in Austin, where you see yellow bikes ride, we can do much more with cy- special reason to celebrate today with everywhere. You see yellow jerseys. cling and to honor Lance by continuing this resolution. For the more than 10 You see yellow signs, and that yellow, to promote cycling as a wise transpor- million Americans living with cancer, when it comes to the Tour de France, tation alternative. We must stay com- as survivors, Lance Armstrong is a is a sign of the courage of Lance Arm- mitted to transportation enhancement true champion in a very personal and strong with this historic victory. funding that will allow us to do that Nothing has been more fun for me, particularly meaningful way. and ensure that we have many more Mr. Speaker, in the last few months, I believe that we are defined not by people who aspire to the athletic abil- than riding down Congress Avenue to- our setbacks but by our relentless de- ity of Lance Armstrong but also that, ward the Texas state capitol with termination to overcome them. Lance for all the rest of us, there are cycling Armstrong offers particular evidence of Lance Armstrong, Mayor Will Wynn and a group of Austin police officers as alternatives as well. the importance of that approach. I re- We have gained inspiration from his some 70,000 of Lance’s fans gathered to member watching in awe as Lance work, from the work of the Lance Arm- cheer and share in this victory for our crossed the finish line after winning strong Foundation, and I am honored the first Tour de France, overcoming a community. We can honor Lance’s victory by not to author this resolution that reflects grueling battle with cancer and a only this resolution but by supporting the House of Representatives’ recogni- grueling Tour de France. I was over- the Centers for Disease Control and tion of Armstrong’s many accomplish- come with not just the importance of Prevention’s Comprehensive Cancer ments, both on and off the bicycle. that moment but with the importance Control system, which is supported by Mr. DOGGETT. Mr. Speaker, I yield of everything that Lance had accom- the Lance Armstrong Foundation. This such time as he may consume to the plished in getting to that point. CCC system is a coordinated approach gentleman from Minnesota (Mr. OBER- While his accomplishments on his to reducing cancer incidents, mor- STAR). bike ensure him a place in history, his bidity and mortality through preven- Mr. OBERSTAR. Mr. Speaker, I rise work as a public health champion right tion, early detection, treatment and re- to join in commending Lance Arm- here in the United States Capital, in habilitation. strong on his 6th consecutive victory Austin and throughout the country According to the Centers for Disease in the Tour de France. I know that the have assured him a place in the hearts Control, implementation of this ap- gentleman from Nebraska (Mr. of many who battle cancer and the proach would help to prevent new cases OSBORNE) recognizes the extraordinary families and friends who love them. To of cancer, detect cancer early, increase accomplishment that winning the Tour meet the challenge, to strive to suc- public education and awareness about de France represents. ceed whether in the Tour de France or cancer control, utilize state-of-the-art This is the world’s greatest athletic the fight against cancer, Lance’s work cancer treatments, provide appropriate endurance contest. No comparison. It shows us the power of personal perse- rehabilitation and support in cancer would be like compressing the National verance. care and use limited resources for can- Football League’s 16 games into 3 After an early career, Lance was cer control more efficiently, elimi- weeks, a game a day. I do not think stricken with a carcinoma, a life- nating duplication of efforts. There is there are any who could sustain the threatening advanced form of testic- little doubt why the Lance Armstrong enormous output of energy required by ular cancer that spread to his lungs Foundation supports this approach, even the least of the 192 riders who and brain. While his own recuperation and I hope Congress can do as well. begin each year’s Tour de France. was still not finished, he began to We can also honor Lance’s victory by To win a stage is a great accomplish- worry about the impact of the disease recommitting ourselves and increasing ment. To win the tour is extraordinary. on others. The drive and determination funding for transportation enhance- Only five have won five tours. Only two that the world got to see on display ments. As a member of the Congres- have won five tours consecutively. And during the Tour de France was evident sional Bike Caucus, a bipartisan effort only one has won the Tour de France to cancer patients and survivors before aimed at encouraging cycling, I believe six times consecutively, and that is our he wore the yellow jersey on the that we have an excellent opportunity America’s Lance Armstrong. streets of Paris. through the transportation legislation Over 13 million people this year That spirit led him to create the that is pending to honor Lance once watched in person the Tour de France. Lance Armstrong Foundation, an orga- again. We have a great Lance Arm- It is the greatest citizens sporting nization that has raised millions for strong cross-town bikeway underway event. No one pays to be on the side- cancer research, diagnosis, treatment in Austin, but it needs to be connected lines, to be in attendance at the Tour and after-treatment services. Sales of to trails throughout the community. I de France. There are no tickets. There the group’s distinctive yellow wrist- am pleased the House has recently ap- is no reserved seating. There is no spe- bands, wristbands that I have seen proved $9 million to do that in east cial place. There is no charge. And yet around the country, with Lance’s Austin in this transportation bill. a million people watched the time trial motto, ‘‘Live Strong,’’ can be seen as One day we will have the ability for on Alpe d’Huez in which the riders in evidence of the support not only for people in central Texas to commute by 91⁄2 miles climb 5,000 feet with 21 Lance but for all of those who battle bike from downtown all the way to the switchbacks in a race against the clock cancer. Dell Diamond out in Round Rock and and which is in itself probably the Not satisfied with being the best cy- the many trails around the area, simi- most challenging sports event in the clist to beat cancer, Lance set out with lar to ones we have here in the Wash- history of athletics. the goal of being the best cyclist, pe- ington, D.C., area, can be in the capital Lance Armstrong, after already riod. Five years later, he has shown the city of the State of Texas. riding over 2,000 miles, came within 1

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.095 H22PT1 H7366 CONGRESSIONAL RECORD — HOUSE September 22, 2004 second of the all-time record time trial the rules were suspended and the reso- 7,000 cup, loaf, and birthday cakes, and over climb on Alpe d’Huez, but that was lution was agreed to. 2,800 pounds of sandwich meat to serve to enough to put him in the record books A motion to reconsider was laid on uniformed personnel; to solidify his position. As a leader, as the table. Whereas a typical daily shopping list might include 175 loaves of bread, 100 pounds an athlete, but, as he would like to be f of meat, 15 pounds of cheese, 2 quarts of pea- known, as a cancer survivor, he is nut butter, 45 pounds of coffee, 40 quarts of quick to point out that while all of his RECOGNIZING OUTSTANDING EF- FORTS OF INDIVIDUALS AND cream, and 500 half-pint bottles of milk; accomplishments in the field of cycling Whereas the greatest contribution of the are extraordinary, his greatest claim is COMMUNITIES WHO VOLUN- North Platte Canteen to the war effort was as a cancer survivor. TEERED OR DONATED ITEMS TO as a morale booster and a reminder to Mr. DOGGETT. Mr. Speaker, I am NORTH PLATTE CANTEEN DUR- servicemembers of the American values and happy to yield 3 minutes to the gen- ING WORLD WAR II ideals for which they were fighting; and tleman from Oregon (Mr. Mr. FRANKS of Arizona. Mr. Speak- Whereas the North Platte Canteen was honored and recognized by the United States BLUMENAUER). er, I move to suspend the rules and Mr. BLUMENAUER. Mr. Speaker, I military with the War Department’s Meri- agree to the concurrent resolution (H. torious Wartime Service Award: Now, there- appreciate the gentleman’s courtesy. Con. Res. 161) recognizing the out- fore, be it— Mr. Speaker, I would like to follow standing efforts of the individuals and Resolved by the House of Representatives (the on the heels of my friend, the gen- communities who volunteered or do- Senate concurring), That the Congress— tleman from Minnesota (Mr. OBERSTAR) nated items to the North Platte Can- (1) recognizes the outstanding efforts of and join in celebrating the amazing teen in North Platte, Nebraska, during the individuals and communities involved athletic accomplishments of Lance World War II from December 25, 1941, to with the North Platte Canteen that served the needs of 6,000,000 military personnel, who Armstrong. April 1, 1946, as amended. As my colleague mentioned, it is not traveled through North Platte, Nebraska, on The Clerk read as follows: just one person’s struggle against the troop trains from December 25, 1941, to April finest athletes in the world on bicycles, H. CON. RES. 161 1, 1946, during World War II; and Whereas at the beginning of World War II (2) requests that the President issue a or the most challenging terrain; it was proclamation recognizing the gallant efforts a signal event in terms of concentra- residents of North Platte, Nebraska, received information that members of the Nebraska of those who made enormous sacrifices to tion and endurance to be able to win National Guard from the North Platte area make the North Platte Canteen a success this an unprecedented sixth time in a would be traveling through the community during World War II. row. It was also one person’s struggle of North Platte on a troop train en route to The SPEAKER pro tempore. Pursu- in terms of recovering in a battle the west coast; ant to the rule, the gentleman from Ar- against cancer to become perhaps the Whereas residents of the North Platte com- izona (Mr. FRANKS) and the gentle- munity met the troop train on December 17, preeminent athlete in the world. woman from California (Mrs. DAVIS) Finally, the point I would make is 1941, with food and other gifts for the troops when they arrived at the Union Pacific train each will control 20 minutes. that Lance Armstrong helps us put a The Chair recognizes the gentleman human face on the mode of transpor- station; Whereas although the troop train carried from Arizona (Mr. FRANKS). tation by cycling. It is not just the young men from Kansas instead of members GENERAL LEAVE most efficient mode of urban transpor- of the Nebraska National Guard, the resi- Mr. FRANKS of Arizona. Mr. Speak- tation ever developed, it is something dents of North Platte presented the young er, I ask unanimous consent that all that is making a difference in the lives men from Kansas with the food and other Members may have 5 legislative days items that were donated; and livelihood of people around the within which to revise and extend their country. It is a $6 billion industry. Whereas Rae Wilson, of North Platte, proposed establishing the North Platte Canteen remarks and include extraneous mate- Over 33 million Americans rode their rial on the resolution under consider- bikes last month, and about half a mil- to the North Platte community so residents would greet every troop train that traveled ation, H. Con. Res. 161. lion get to work every day commuting through North Platte and provide the mili- The SPEAKER pro tempore. Is there by bicycle. tary troops with comforts from home on objection to the request of the gen- Last, but by no means least, at a their way to serve their country during tleman from Arizona? time when we are deeply concerned World War II; There was no objection. about an epidemic of childhood obe- Whereas on December 25, 1941, the North Mr. FRANKS of Arizona. Mr. Speak- sity, cycling is a simple, common-sense Platte Canteen began serving food and other items to the United States military troops er, I yield myself such time as I may way for young people to become phys- consume, and I stand today in support ically fit, while they help protect our traveling across the United States to either the east or west coast before being shipped of House Concurrent Resolution 161, environment and learn lifelong health overseas; sponsored by my good friend and col- skills. Whereas during World War II, the North league, the gentleman from Nebraska Mr. DOGGETT. Mr. Speaker, I re- Platte Canteen routinely greeted and served (Mr. OSBORNE). This very appropriate serve the balance of my time. food to between 3,000 and 5,000, and up to a resolution recognizes the true Amer- Mr. OSE. Mr. Speaker, I have no fur- maximum of 8,000, uniformed personnel on a ican spirit demonstrated by the people ther requests for time, and I reserve daily basis for an approximate total of of North Platte, Nebraska, during the the balance of my time. 6,000,000 personnel from every corner of the Mr. DOGGETT. Mr. Speaker, I yield Nation; Second World War. It is the spirit of back the balance of my time. Whereas individuals from 125 communities unwavering dedication to a cause and Mr. OSE. Mr. Speaker, I yield myself in Nebraska, Colorado, and Kansas donated noble sacrifice for our troops. This is the balance of my time, and I urge food and volunteered at the North Platte the same spirit that won the Second Members to support this legislation. Canteen over its period of operation of ap- World War, Mr. Speaker. proximately 5 years; The actions of these Americans to Lance Armstrong is a true American Whereas the North Platte Canteen oper- hero, and he has proved it not only build a community center, a canteen, if ated strictly with volunteers from local com- you will, for our troops, at their own with his initial victory but five times munities, organizations, churches, schools, over. and other groups and received no Federal as- expense and not at the U.S. Govern- I urge passage of this legislation. sistance for its operation; ment’s expense exemplifies the gen- Mr. Speaker, I yield back the balance Whereas the North Platte Canteen received erous heart and patriotic resolve of the of my time. $137,000 in cash contributions from benefit people of the Great Plains. Their past The SPEAKER pro tempore (Mr. LIN- dances, scrap-metal drives, school victory devotion to our men in uniform is un- DER). The question is on the motion of- clubs, donation cans in local businesses, and forgettable, and it is only fitting that fered by the gentleman from California relatives of servicemembers who traveled when our country is now at war with through the Canteen to help maintain the terrorism that we recognize the efforts (Mr. OSE) that the House suspend the Canteen’s operations over its period of oper- rules and agree to the resolution, H. ation; of those on the homefront in our his- Res. 761. Whereas the North Platte Canteen during tory. The question was taken; and (two- one month alone served over 40,000 home- I commend the gentleman from Ne- thirds having voted in favor thereof) made cookies, 30,000 hard-boiled eggs, nearly braska (Mr. OSBORNE) for his fine work

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.105 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7367 with this legislation. Today, we in the other donations. All contributed to the and this is somewhat notable in that United States Congress are honored to effort. In all, men, women, and children North Platte itself had a population of express our sincere gratitude to the from over 125 communities, some as far 12,000. This is a sparsely populated people of North Platte, Nebraska, and as Colorado and Kansas, worked to- area. So probably the whole population our great friend, the gentleman from gether to care for the troops during within 100 miles of North Platte did Nebraska, and to join him in this fine these quick 10-minute train stops. not much exceed the 55,000. So people resolution. When the doors of the Service Men’s from northern Kansas, from Colorado, Mr. Speaker, I reserve the balance of Canteen in the Union Pacific Railroad from that part of Nebraska served in my time. Station in North Platte closed on April this rather massive effort over the Mrs. DAVIS of California. Mr. Speak- 1, 1946, almost 55,000 volunteers from time. er, I yield myself such time as I may 125 communities had served 6 million It was mentioned what the daily consume, and I rise in support of House servicemen and -women. amount of food dispensed was, and I Concurrent Resolution 161 introduced While other canteens existed across thought I would flesh this out a little by the gentleman from Nebraska (Mr. the country during World War II, North bit and give the Members a monthly OSBORNE). Platt’s canteen may have been the total. This was documented at one I am very pleased to be here today most famous. We no longer have can- time. It is estimated that each month with my colleague on the House Com- teens across the country to support our troops consumed 40,000 cookies, 30,000 mittee on Armed Services, the gen- troops, but American citizens still con- hard-boiled eggs, 6,500 doughnuts, 4,000 tleman from Arizona (Mr. FRANKS), to tinue the spirit of charity through loaves of bread, 3,000 pounds of meat, recognize the wonderful efforts of the their support of USO centers and other 450 pounds of butter, 1,300 pounds of citizens of North Platte, Nebraska, for organizations around the world. coffee, 1,200 quarts of ice cream, and so their support of the troops during I urge my fellow Americans to follow on. And as was mentioned earlier, World War II. in the footsteps of these patriotic citi- again, this was done during a time of Mr. Speaker, as I have learned about zens and continue their efforts to sup- rationing. this, I am amazed to find out how hard port our brave servicemembers today. Unfortunately, or fortunately, I am the people of North Platte worked to Mr. Speaker, I urge my colleagues to old enough to remember that time. find out about the brave young men support this resolution. And at that time I think the speed that were heading off to battle. Their Mr. Speaker, I reserve the balance of limit was 45 miles an hour to conserve compassion and the generosity dis- my time. gasoline. One could only get so many played by these fine citizens should be Mr. FRANKS of Arizona. Madam gallons of gasoline per week. They commended as a shining example of Speaker, I yield 5 minutes to the gen- could not buy an automobile. Butter kindness for future generations of tleman from Nebraska (Mr. OSBORNE), was rationed. Meat was rationed. So Americans. the sponsor of this resolution. these people were really donating As World War II reached its peak, the Mr. OSBORNE. Madam Speaker, I items from their own families’ allot- canteen was serving 3,000 to 5,000 serv- thank the gentleman from Arizona ment and using their own gasoline to ice members each day. The daily shop- (Mr. FRANKS) for yielding me this time, do this because there was not one dime ping list included 160 to 175 loaves of another member of the Committee on of Federal money that was involved in bread, 100 pounds of meat, 15 pounds of Armed Services. this effort. So it was rather inter- cheese, 18 pounds of butter, 45 pounds As was mentioned, on December 25, esting. of coffee, 40 quarts of cream, 500 half- 1941, it was rumored that there would The other thing that was done in this pints of milk and 35 dozen rolls, along be a troop train coming through North particular effort was that at that time with 18 to 20 birthday cakes given to Platte, Nebraska and would have a there were no pay phones around; so if those celebrating their birthdays. number of North Platte area troops on a soldier wanted some family member it. So it being Christmas Day, a great called, these people would take down 1500 b number of residents of the community the number and they would call the This may not sound like much today, decided that they ought to go down and family and say, We met so and so, he but it is truly amazing since many of meet the train and provide some food was coming through here, he is fine, or these individuals and families were do- and show them they were appreciated mail letters and so on. So these things nating all of these items while food and on Christmas Day. It turned out that were all very important to the service- other goods were being rationed across the troops were not from Nebraska, as men. the country. was mentioned earlier, but rather from I wanted to introduce this resolution Another thing that struck me was Kansas. So I guess the citizens of North for two reasons: number one, as we how the North Platte Canteen came Platte were a little bit disappointed. know, many of the veterans of World into existence. On December 17 of 1941, But at the same time, they saw the ap- War II are not going to be with us rumors abounded throughout the town preciation and they saw the need for much longer; and also those who served that a train carrying members of the this. So Rae Wilson asked the citizens at the North Platte Canteen, many of Nebraska National Guard was to ar- of North Platte to do this for all troop them have passed on and a few of them rive. The train did, carrying hundreds trains. are still left, and they are not going to of soldiers; but they were not from Ne- Many people are not familiar with be with us much longer either. So we braska. The troops traveling that day the geography of Nebraska, but North wanted to recognize them while there through North Platte were from Kan- Platte is a major railroad center. And was still time. And this has been cer- sas. This did not stop hundreds of local at that time, most of the trains moving tainly memorialized in a book that has citizens from North Platte from greet- from the East Coast to the West Coast been written, a television documentary ing the soldiers from out of state and went through North Platte, Nebraska. that was done as well. from expressing their deep gratitude. So this was a massive undertaking. And then the second reason was I Of course, North Platte resident Miss And from that day, December 25, 1941, wanted to simply point out what unity Rae Wilson suggested that the town es- through April 1, 1946, a span of about of purpose can accomplish. Right now tablish a canteen to welcome all the 51⁄2 years, the members of North Platte we are locked in a struggle, and the troops traveling through the city so and surrounding communities met question is, How unified are we? What that those heading off to war could every troop train that went through direction are we going as a country? have a taste of home on their long there, and that averaged sometimes as And at that time in 1941, December 25, journey. The 12,000 citizens of North many as 23 trains a day; and this went we were certainly not a military Platte agreed, and over time clubs and on day and night. So sometimes the power. We certainly were not anywhere organizations began to contribute vol- troop train arrived at 3 or 4 o’clock in near what the Soviet Union at that unteers, food, and funding. And pretty the morning, and yet there were people time or certainly Germany or Japan soon everyone got together to support there to meet them. were militarily. And yet within about a the canteen. There were benefit movies As was mentioned earlier, about year and a half, we became the strong- and dances, scrap metal drives, and 55,000 volunteers served in this effort, est military in the world; and within 4

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.100 H22PT1 H7368 CONGRESSIONAL RECORD — HOUSE September 22, 2004 years we had pretty much taken con- time, still remembers the piano in the concern for our soldiers, sailors, air- trol in World War II. canteen, and how it was always being men and Marines. So I would just like to mention that played by either a volunteer or one of Once again, as our country is calling Rosy the Riveter, the Victory Gardens, the troops and how packed the canteen our men and women in active duty to and all of those things that took place would get with people talking, having service in the war on terror, it is an ap- at that time were critical. And it was coffee and laughing. She still feels that propriate time for us to recognize those so critical that everyone pulled to- the whole U.S. was opened up to her who cared in the past, and once again gether, everyone was willing to sac- through the troops from all across the call upon all Americans to serve and rifice, everyone was willing to give up country that she met in this canteen. sacrifice for the soldiers and families something from their own family, from From December 25, 1941, through who serve our country so nobly today. their own well-being to serve the April 1, 1946, a total of 54 months, over Mrs. DAVIS of California. Madam troops. So we appreciate the support of 6 million troops were served at the Speaker, I yield myself such time as I this particular resolution. North Platte Canteen. The outreach of may consume. Mrs. DAVIS of California. Madam communities to support each other re- Madam Speaker, I am so pleased to Speaker, I yield such time as he may mains an enduring mark of compassion have this opportunity today to join with my colleagues in thanking the consume to the gentleman from Min- and patriotism. That spirit is with us people of North Platte for setting such nesota (Mr. OBERSTAR). today in a different form, yes, but no a fine, genuine example of support and Mr. OBERSTAR. Madam Speaker, I less potent. thank the gentlewoman for yielding me It is with great honor that I cospon- patriotism for our troops and for our this time. sored this with my colleague, the gen- country. I too rise in support of H. Con. Res. Madam Speaker, I have no further re- tleman from Nebraska (Mr. OSBORNE), quests for time, and I yield back the 161 and salute the people and the com- and really look forward to the vote on munities that volunteered and donated balance of my time. this. to North Platte Canteen. I can remem- Mr. FRANKS of Arizona. Madam Mr. FRANKS of Arizona. Madam Speaker, I yield myself such time as I ber our own canteen in my hometown Speaker, I yield 3 minutes to the gen- of Chisholm, Minnesota, in World War may consume. tleman from Kansas (Mr. MORAN), an- Madam Speaker, I would just remind II when I was just a youngster. other cosponsor of this resolution. Mr. FRANKS of Arizona. Madam all of us that we are fortunate to have Mr. MORAN of Kansas. Madam Speaker, I yield 3 minutes to the gen- people like those in North Platte, Ne- Speaker, I am here to lend my support tleman from Nebraska (Mr. TERRY), co- braska, that have such a patriotic spir- for not only this resolution, but for the sponsor of the resolution. it and are so committed to serving our (Mr. TERRY asked and was given epitome that it represents, the story it troops. I would encourage my col- permission to revise and extend his re- tells about folks from the middle of the leagues to support this resolution. marks.) country, in this case from Nebraska. Madam Speaker, I yield back the bal- Mr. TERRY. Madam Speaker, I want Sometimes, particularly during foot- ance of my time. to compliment the gentleman from Ne- ball season, it is unusual for any Kan- The SPEAKER pro tempore (Mrs. san to be here speaking about some- braska (Mr. OSBORNE) for introducing BIGGERT). The question is on the mo- this. He represents the North Platte thing good happening in Nebraska, but tion offered by the gentleman from Ar- area. it is this story that the gentleman izona (Mr. FRANKS) that the House sus- This is such a magnificent piece of from Nebraska (Mr. OSBORNE) tells pend the rules and agree to the concur- our Nebraska history, and it really rep- about an historic event that is still rent resolution, H. Con. Res. 161, as resents the comradery and spirit of part of people’s lives of Nebraska and amended. America here. The gentleman from Ne- how it affected Kansas. In fact, it af- The question was taken; and (two- braska (Mr. OSBORNE) had mentioned fected many soldiers across the coun- thirds having voted in favor thereof) that even in a town of 12,000 that over try who made the trek across Nebraska the rules were suspended and the con- the period of the months of this can- on the train and stopped in North current resolution, as amended, was teen, there were literally tens of thou- Platte at the canteen. In fact, the first agreed to. sands of volunteers that came to help soldiers that were cared for at the can- A motion to reconsider was laid on the servicemen and provide them serv- teen were from my State of Kansas. the table. ices at this canteen in North Platte. The gentleman from Nebraska (Mr. f OSBORNE) explained this story to me And this canteen needed all of the sup- RECOGNIZING AND HONORING one day 4 or 5 months ago, and as he port that it could get. MILITARY UNIT FAMILY SUP- was talking about the sacrifice that And word spread, literally spread, PORT VOLUNTEERS those Nebraskans made, those indi- around the community and all of Ne- Mr. KLINE. Madam Speaker, I move braska; 125 communities came together vidual farmers, those families, those young men and women, those kids, to to suspend the rules and agree to the to join in this effort. And due to fuel concurrent resolution (H. Con. Res. 486) rationing, volunteers often carpooled try to make a difference in the lives of soldiers who were facing an uncertain recognizing and honoring military unit from nearby communities to North family support volunteers for their Platte. Cities throughout Nebraska future, I could just sense the emotion that the gentleman had for the sac- dedicated service to the United States, gave, through donations, time, money, the Armed Forces, and members of the supplies, food, meat. And it is really an rifice that was made. In fact, it seems to me that tears kind of welled up in Armed Forces and their families. incredible example of what it means to The Clerk read as follows: the eyes of the gentleman from Ne- be an American at that time. The en- H. CON. RES. 486 braska (Mr. OSBORNE). tire community gathered together to Whereas members of the Armed Forces and support and comfort these troops. Men, Again, I think those of us who come from middle America recognize the their families make significant sacrifices on women, children all gave their time, behalf of the United States; money, efforts. Though it may not kind of people that we have the honor Whereas the military necessity of long de- have been well known throughout the to represent, recognize the people who ployments, frequent relocations, and infre- rest of the world, the memory of the make up the history and tradition of quent family contact for members of the North Platte Canteen still glows in the our States and what a difference they Armed Forces can be extremely challenging hearts of many Nebraskans. In fact, my make, how much they care. for members and their families; Whereas, in response to these sacrifices own press secretary’s mother talks So I am here to join the gentleman from Nebraska in honoring something and challenges, military unit family support proudly of peeling potatoes as a young volunteers from each branch of the Armed child to help her older sisters at the that happened that was great about middle America, but really exemplifies Forces have stepped forward to provide mem- canteen. bers of the Armed Forces and their families not only America then, not only mid- b 1515 critical support while members are deployed; dle America, but all of America, and, Whereas military unit family support vol- Lorene Huebner, of Hershey, Ne- most importantly, exemplifies what unteers consist of the Army Family Readi- braska, just a teenager during this still goes on in our country today, the ness Volunteers, Navy Ombudsmen, Air

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.101 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7369 Force Spouses Together and Ready volun- spirits and carrying on with their ev- home repairs, holidays, financial prob- teers (STARs), and Marine Key Volunteers eryday lives. These friends and family lems, graduation, car troubles, birth- (KVs); members make it possible for our days, and in some cases, births. All Whereas military unit family support vol- armed service members to carry out those joys and trials of life that are unteers are generally spouses of members of the Armed Forces, and they provide assist- their work. But who supports them in shared by a family can become somber ance to military families while also enduring their important mission? days and monumental tasks when one’s the challenges of military life; Fortunately, military family support partner or parent is missing. Whereas military unit family support vol- volunteers take it upon themselves to In my congressional district, I am unteers are motivated by the desire to im- do just that. These brave volunteers honored by the opportunity to work prove the lives of other military families and help shoulder the burden of our mili- with many Navy ombudsmen and Ma- to assist future generations; tary families. They provide a source of rine Key Volunteers, or KVs, as they Whereas military unit family support vol- strength for the families who stay be- are called. That is why I introduced unteers serve as liaisons between military commands and families, often serving as in- hind while their loved ones serve far House Concurrent Resolution 486, be- formation conduits between the two groups; away. cause I am constantly amazed by the Whereas military unit family support vol- Family support volunteers offer this stories they share with me. unteers also connect the community with assistance freely, without asking for I met one Marine spouse who was fac- military families and local military installa- pay or recognition. Often the spouses ing incredibly difficult circumstances tions, often leveraging donations and re- of long-serving members of our Armed after her husband was deployed to Iraq sources to the advantage of the military Forces, these individuals are motivated in June, leaving her with the responsi- families; and by the desire to share their wisdom bility of caring for her two sons on her Whereas military unit family support vol- with families who are new to these unteers provide their services on a voluntary own. In addition to the stress involved basis, with little public recognition and no trials. Because they have also experi- with caring for her family, she must financial assistance, and often contribute enced the anxiety that comes with de- also deal with the anxiety that comes their own resources to help other military ployment, they understand better than when you know your loved one is in families: Now, therefore, be it anyone the struggles that come in harm’s way. Resolved by the House of Representatives (the times of war. Her husband is fighting the insur- Senate concurring), That Congress recognizes As a young officer, my family and I gency in some of the most dangerous and honors the military unit family support benefited from these volunteers. As a areas of Iraq. In the notes he writes to volunteers of each branch of the Armed senior officer, when I was commanding Forces who selflessly devote their time, tal- her, he describes what it is like to be ent, and energy in service to the United thousands of Marines and sailors far off on the front lines and what it is like to States and commends military unit family in Somalia, I was reassured and they come under fire from insurgents. support volunteers for their dedicated con- were reassured to know that our fami- Fortunately, this brave young tributions to the Armed Forces and the qual- lies back home were being supported by woman was assigned a Key Volunteer ity of life of members of the Armed Forces such volunteers. Now, as a Member of who cares deeply and who can relate to and their families. Congress, it is my great honor to join her. Her KV speaks to her every day to The SPEAKER pro tempore. Pursu- my colleagues in providing the recogni- provide comfort and guidance and to ant to the rule, the gentleman from tion the military unit family support offer any other help that she can pro- Minnesota (Mr. KLINE) and the gentle- volunteers deserve. vide. woman from California (Mrs. DAVIS) Madam Speaker, I urge my col- Just before the war in Iraq got under each will control 20 minutes. leagues to support the passage of H. way, I heard from a Navy spouse who The Chair recognizes the gentleman Con. Res. 486. was 4 months pregnant and her hus- from Minnesota (Mr. KLINE). Madam Speaker, I reserve the bal- band was deployed for a 6-month tour. GENERAL LEAVE ance of my time. She was new to San Diego and had no Mr. KLINE. Madam Speaker, I ask Mrs. DAVIS of California. Madam family and few friends in the area. She unanimous consent that all Members Speaker, I yield myself such time as I would have to face the remainder of may have 5 legislative days within may consume. her pregnancy without her husband which to revise and extend their re- Madam Speaker, I rise in support of being there and give birth without him marks on H. Con. Res. 486. House Concurrent Resolution 486. This by her side. The SPEAKER pro tempore. Is there resolution recognizes and honors the However, she was assigned a Navy objection to the request of the gen- selfless service of America’s military ombudsman, who went to great length tleman from Minnesota? unit family support volunteers, who to help her. The dedicated ombudsman There was no objection. provide such dedicated support to the contacted her several times to provide Mr. KLINE. Madam Speaker, I yield members of our Armed Forces and moral support and to offer assistance. myself such time as I may consume. their families. She also made herself available 24 Madam Speaker, I rise today in sup- We are all aware of the tremendous hours a day in case this young wife port of House Concurrent Resolution sacrifices our service members make in needed medical treatment, guidance or 486. This resolution recognizes and hon- the defense of the United States. Since just a friend. ors the men and women behind the un- September 11, 2001, our 1.4 million ac- In every unit of our great military, paralleled support structure that tive duty service members and 875,000 groups of these volunteers gather to serves the families of our service mem- citizen soldiers, the National Guards- help support each other when their bers. men and Reservists, have served our husbands and their wives deploy. This The men and women of the United Nation honorably in the war on ter- powerful network of volunteers that States Armed Forces face a great chal- rorism. Many have served in extremely makes up the family support group lenge each day. We ask our active duty dangerous conditions in Afghanistan starts out as a collection of spouses service members and citizen soldiers to and Iraq. Their bravery and sacrifice who are thrown together by cir- provide safety and security at times are an honor to our Nation. cumstance and grows into a network of when these words seem little more But we must not forget the sacrifices friends and extended family. than lofty ideals. of those whom they leave behind at We also ask a great deal of the fami- home. As the poet John Milton said, b 1530 lies of these young men and women. ‘‘Those also serve who only stand and This family comes together to shoul- For each of the 1.4 million active duty wait.’’ der the burden and to share the joys for service members and the 875,000 citizen The months of separation that mili- those coping with the absence of their soldiers who have served our Nation tary families endure can be filled with loved ones. since September 11, 2001, someone has anxiety, loneliness and hardship. But No one can understand the anxiety been left behind to balance the de- life goes on for America’s military and the hardship that deployment mands of providing emotional and spouses and their families while their brings better than these family support moral support to their loved ones in loved ones serve overseas. There are group volunteers, because they too the field while maintaining their own doctors appointments, anniversaries, have experienced these hardships. In

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.036 H22PT1 H7370 CONGRESSIONAL RECORD — HOUSE September 22, 2004 many cases, family support volunteers the concurrent resolution (H. Con. Res. fices directly impacted by Hurricanes Char- are in the same position as those they 488) commending the National Oceanic ley, Frances, and Ivan; seek to help. Their spouses are also de- and Atmospheric Administration and Whereas more than 1,700 watches, warn- ployed into harm’s way, and I know its employees for its dedication and ings, advisories, and other statements were that many of them have gotten in- issued by key local Weather Forecast Offices hard work during Hurricanes Charley during Hurricanes Charley, Frances, and volved as ombudsman persons because and Frances, as amended. Ivan; of some of the trauma that they experi- The Clerk read as follows: Whereas the National Oceanic and Atmos- enced. H. CON. RES. 488 pheric Administration’s Marine and Aviation Madam Speaker, I cannot tell my Whereas the National Oceanic and Atmos- Operation’s Hurricane Hunters logged 344 colleagues how deeply honored I am pheric Administration’s National Weather hours of flight time through and above the today for the opportunity to recognize Service consistently provides critical fore- storms to assist the National Hurricane Cen- America’s family support volunteers. casts and warnings about severe weather to ter in tracking Hurricanes Charley, Frances, These brave men and women give self- the Nation’s citizens; and Ivan; lessly of themselves for no pay and no Whereas 2 hurricanes, Charley and Whereas the 53rd Weather Reconnaissance recognition, and they often contribute Frances, recently hit the State of Florida Squadron of the 403rd Wing of the Air Force Reserve Command at Keesler Air Force Base, their own resources to those in need. back-to-back, an event which has not occurred since 1964; Biloxi, Mississippi, logged 537 hours of flight They do it for their loved ones. They do time through and above the storms to assist it for their community, and they do it Whereas Hurricane Ivan was the third hurricane in a month to hit the United States the National Hurricane Center in tracking for their nation. mainland; Hurricanes Charley, Frances, and Ivan; Our service members need these dedi- Whereas the employees of the National Whereas the Southeast River Forecast cated volunteers to help keep the home Oceanic and Atmospheric Administration Center provided critical river flooding fore- fires burning so that they can focus on Tropical Prediction Center/National Hurri- cast information to Federal, State, and pri- the task of fighting the global war on cane Center and the employees of key South- vate partners during Hurricanes Charley, terror, a task that is more difficult if ern Region Weather Forecast Offices worked Frances, and Ivan and accurately predicted they are worried about their families tirelessly and under great pressure to pro- the amount of excessive rainfall over the back home. Knowing their families vide the most up to date information to the Southeastern United States several days in advance; and have the full support of a dedicated public, the media, and emergency management officials during Hurricanes Charley, Whereas it is still the first half of hurri- volunteer helps to ease their fears and cane season and all these employees remain concerns. Frances, and Ivan; Whereas the employees of the National engaged tracking tropical storms: Now, I commend these volunteers who so Hurricane Center conducted 656 live tele- therefore, be it selflessly serve our armed forces and vision interviews as well as 1227 telephone Resolved by the House of Representatives (the our Nation. The support they give to briefings to the media and others during Senate concurring), That the Congress— our military families is truly invalu- Hurricanes Frances and Ivan; (1) commends the employees of the Na- able, and our country owes them a Whereas the forecasts and information tional Weather Service, especially the Na- large debt of gratitude. from the National Hurricane Center provided tional Oceanic and Atmospheric Administra- Madam Speaker, I see that there are notice for the safe evacuation of more than tion Tropical Prediction Center/National no further speakers. I am delighted to 6,000,000 residents in the line of Hurricanes Hurricane Center, Hydrometeorological Pre- present this. I look forward to pre- Charley, Frances, and Ivan and warnings to diction Center, and National Data Buoy Cen- the residents of Florida, Mississippi, Ala- ter; the 53rd Weather Reconnaissance Squad- senting it to the ombudspeople and the ron of the 403rd Wing of the Air Force Re- key volunteers in the San Diego re- bama, and Louisiana; Whereas the Hurricane Liaison Team, a serve Command at Keesler Air Force Base, gion, and I know that they will be joint National Oceanic and Atmospheric Ad- Biloxi, Mississippi; the National Oceanic and pleased with this recognition from the ministration and Federal Emergency Man- Atmospheric Administration Aircraft Oper- United States Congress. agement Agency partnership, provided sup- ations Center at MacDill Air Force Base, Madam Speaker, I urge my col- port to the 25 different media outlets oper- Tampa, Florida; the Hurricane Liaison leagues to support this resolution, and ating out of the National Hurricane Center; Team; the National Ocean Service; and the I yield back the balance of my time. Whereas the National Oceanic and Atmos- National Environmental Satellite Data and Mr. KLINE. Madam Speaker, I yield pheric Administration’s Hydrometeorolog- Information Service, for their extraordinary myself such time as I may consume, ical Prediction Center provided rainfall fore- dedication and hard work during Hurricanes only to thank the gentlewoman from casts and hurricane track guidance to the Charley, Frances, and Ivan; (2) commends the Southern and Eastern California for introducing the resolu- National Hurricane Center; Whereas the National Weather Service’s Region Weather Forecast Offices of San tion. This important resolution is long Juan, Miami, Tampa Bay, Key West, Mel- overdue in order that we recognize the National Data Buoy Center, in partnership with the United States Coast Guard, worked bourne, Jacksonville, Tallahassee, Atlanta, wonderful members of the military expediently after Hurricane Charley to fix Birmingham, Huntsville, Mobile, Morris- family support volunteers. data buoys that proved critical for forecasts town, Charleston, Morehead City, Wil- I urge my colleagues to support this of Hurricane Frances and Ivan; mington, Wakefield, Taunton, Lake Charles, resolution. Whereas the National Oceanic and Atmos- New Orleans, Jackson, Nashville, and Hous- Madam Speaker, I yield back the bal- pheric Administration’s National Ocean ton for their extraordinary dedication and ance of my time. Service provided storm surge predictions and hard work during Hurricanes Charley, The SPEAKER pro tempore (Mrs. hydrographic information support to Federal Frances, and Ivan; BIGGERT). The question is on the mo- partners before, during, and after Hurricanes (3) thanks the commercial and media me- tion offered by the gentleman from Charley, Frances, and Ivan; teorologists for their contributions in disseminating the National Oceanic and Atmos- Minnesota (Mr. KLINE) that the House Whereas the National Oceanic and Atmos- pheric Administration forecasts and warn- suspend the rules and agree to the con- pheric Administration’s National Environ- mental Satellite Data and Information Serv- ings to the public; and current resolution, H. Con. Res. 486. (4) expresses its support for the ongoing The question was taken; and (two- ice provided images of Hurricane Frances every 5 minutes over a 4-day period, an un- hard work and dedication of all who provide thirds having voted in favor thereof) precedented number of images for hurricane accurate and timely hurricane forecasts. the rules were suspended and the con- tracking; The SPEAKER pro tempore. Pursu- current resolution was agreed to. Whereas the Southern and Eastern Region ant to the rule, the gentleman from A motion to reconsider was laid on Weather Forecast Offices of San Juan, Michigan (Mr. EHLERS) and the gen- the table. Miami, Tampa Bay, Key West, Melbourne, tleman from North Carolina (Mr. MIL- f Jacksonville, Tallahassee, Atlanta, Bir- mingham, Huntsville, Mobile, Morristown, LER) each will control 20 minutes. COMMENDING THE NATIONAL OCE- Charleston, Morehead City, Wilmington, The Chair recognizes the gentleman ANIC AND ATMOSPHERIC ADMIN- Wakefield, Taunton, Lake Charles, New Orle- from Michigan (Mr. EHLERS). ISTRATION AND ITS EMPLOYEES ans, Jackson, Nashville, and Houston pro- GENERAL LEAVE FOR ITS DEDICATION AND HARD vided up-to-the-minute local details for resi- Mr. EHLERS. Madam Speaker, I ask dents throughout Hurricanes Charley, WORK DURING HURRICANES unanimous consent that all Members CHARLEY AND FRANCES Frances, and Ivan; Whereas employees from other offices may have 5 legislative days within Mr. EHLERS. Madam Speaker, I within the Southern Region provided addi- which to revise and extend their remove to suspend the rules and agree to tional support to key Weather Forecast Of- marks and include extraneous material

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.110 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7371 on H. Con. Res. 488, the resolution now It costs about $1.4 billion annually month or two, all of us in the eastern under consideration. for all weather forecasting at NOAA United States have been glued to our The SPEAKER pro tempore. Is there which comes to a mere 4 cents each day television sets watching weather re- objection to the request of the gen- per household in the United States. ports as one Atlantic storm after an- tleman from Michigan? This investment is well worth it, given other moved westward from the west There was no objection. the lives saved by NOAA’s forecasts coast of Africa across the Atlantic to- Mr. EHLERS. Madam Speaker, I and warnings. Let me point out that wards the United States. Three storms yield myself such time as I may con- the amount that this comes to per have made landfall in the United sume. household in this Nation is, I would es- States and done great damage, great Madam Speaker, today we are consid- timate, less than the amount that the property damage and great loss of life. ering H. Con. Res. 488, which commends average household expends on smoke We have learned more and more the employees of the National Oceanic detectors and batteries. about storms just from watching the and Atmospheric Administration for Let me specifically list the offices at weather reports, watching with fas- their dedication and hard work during NOAA and their Federal and private cination the symmetry, the amazing Hurricanes Charley, Frances and Ivan. partners that play an important role in symmetry of the storms, learning As chairman of the subcommittee providing hurricane forecasts and about the definition of the eye wall, with jurisdiction over the National warnings. The National Hurricane Cen- how that told us whether the storm Weather Service, I introduced this res- ter, the Southern and Eastern Region was strengthening or weakening or olution 2 weeks ago, after Hurricanes Weather Forecast Offices of San Juan, maintaining its strength. Charley and Frances hit the State of There has been great damage and Miami, Tampa Bay, Key West, Mel- Florida back-to-back, something that great loss of life from these storms. bourne, Jacksonville, Tallahassee, At- had not happened since 1964. The em- Hurricane Charley, which struck and lanta, Birmingham, Huntsville, Mobile, ployees of the National Weather Serv- made landfall in Florida as a category ice worked tirelessly during the storms Morristown, Charleston, Morehead 4 storm, resulted in 31 deaths. Hurri- to provide forecasts and warnings to City, Wilmington, Wakefield, Taunton, cane Frances made landfall in Florida alert citizens and help minimize loss of Lake Charles, New Orleans, Jackson, as a category 2 storm but stalled over life during the storms. Nashville, and Houston. Florida and just rained and rained and I have here pictures of Hurricane In addition, the National Ocean Serv- rained with great, great damage. And, Frances, and also, in a moment, I will ice provides services and, in this case, most recently, Hurricane Ivan struck get to Hurricane Ivan. But I would like provided help with storm surge pre- the Panhandle of Florida and Alabama to point out the immense extensions of dictions. as a weak category 4, and then moved Hurricane Charley, covering virtually The National Environmental Sat- upward and caused a total of 49 deaths, the entire State of Florida and the en- ellite Data and Information Service including about 10 in my State, in tire State of Texas. And almost any provided the satellite images we all flooding in western North Carolina. Texan in this body would tell us, it is saw on television. These were powerful storms, but we almost impossible to cover the State of The NOAA Marine and Aviation Op- were relatively well prepared for them. Texas, but Hurricane Frances, in fact, eration Hurricane Hunters and the Air The gentleman from Michigan (Mr. would do that. Force Reserve out of Keesler Air Force EHLERS) referred to the great, great Fortunately, the winds diminished Base in Biloxi, Mississippi, fly planes savings in life that resulted from the before it hit land, and that helped con- into the hurricanes to gather data. preparation that we had as a result of siderably in reducing the damage, but The Southeast River Forecast Center the work of NOAA, but let me tell my it was still, because of its large extent, provided flood predictions, and the colleagues how much of a difference a very damaging hurricane. many private meteorologists and infor- that made. Last week, Hurricane Ivan hit the mation providers who disseminate the When we look back early in our his- U.S., the worst hurricane to hit the warnings and weather data and pre- tory, a much less densely populated U.S. since Hurricane Floyd in 1999. dictions from NOAA. country, a nation that was not pre- Hurricane Ivan, which made landfall I must say, being a scientist, perhaps pared, had no forewarning when storms near Gulf Shores, Alabama, was the that affects me, but I watched the struck, let me tell my colleagues the sixth most powerful Atlantic tropical Weather Channel and the local fore- loss of life. In 1893, a storm of unknown storm on record. It affected States casters for considerable amounts of intensity struck Louisiana, made land- throughout the southeastern and Mid- time during this to try to evaluate for fall in Louisiana. The estimate was Atlantic United States, with flooding, myself what the hurricanes were doing, that there were 2,000 deaths from that high winds and tornadoes. Again, the what direction they were taking, what storm. That same year, a storm also of hard work of NOAA’s employees and damage they might cause. So the pri- unknown intensity made landfall in the broadcast meteorologists was vital vate sector also deserves mention here. South Carolina and Georgia with a loss for getting out warnings and informa- The dedicated employees of all of of life of 1,000 or 2,000. In 1900, a storm tion to residents in the path of the hur- these NOAA organizations and the pri- that we now estimate to be a category ricane. vate organizations deserve our utmost 4 struck without warning Galveston The right-hand chart up here shows appreciation for their hard work and and resulted in an estimated 8,000 to Hurricane Ivan as it came ashore near long hours to warn citizens in the line 12,000 deaths. In 1928, a storm struck Gulf Shores, extensive spread through of these three storms and for all of again with very, very little warning in Alabama, Mississippi, nearly to the their excellent work as they continue Florida, and resulted in more than 1,800 New Orleans area, and with a very to track tropical storms, this and deaths. well-defined eye, indicating very high every hurricane season. I should note Again, this is a striking contrast. We winds, very compact, which means high that today we are nervously watching can thank the people of NOAA, the em- intensity, and of course, it stretched Hurricanes Jeanne and Karl currently ployees of NOAA for the forecasts and all the way over to the Panhandle of located in the Atlantic Ocean, and we the warnings that we have relied upon Florida. will continue to depend on NOAA to to prepare for the storms that have During these three hurricanes, an es- give us information about those hurri- struck the United States this year. It timated 6 million people were safely canes. is not an exaggeration to say, because evacuated. Without the warnings from Madam Speaker, I reserve the bal- of the work of the employees at NOAA, NOAA, I suspect there would have been ance of my time. that there are thousands of Americans very few evacuated. While there were Mr. MILLER of North Carolina. alive now who would not have been 90 fatalities and an estimated $14 bil- Madam Speaker, I yield myself such alive had we not been prepared for lion to $23 billion in damages in the time as I may consume. these storms, and the way that we have U.S. due to these storms, without the Madam Speaker, I thank my col- not been prepared for storms before we forecasts and warnings from NOAA, the league, the gentleman from Michigan had that capacity to see storms com- results would have been much, much (Mr. EHLERS), for bringing this resolu- ing, to know their intensity and to pre- worse. tion to the floor today. In the last pare for them.

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.112 H22PT1 H7372 CONGRESSIONAL RECORD — HOUSE September 22, 2004 We now see more storms moving to- We talk about hurricanes; but the ment and Warning System Develop- wards us. Hurricanes Jeanne and Karl truth is when a hurricane comes ment Act, similar to what we did with and storms behind them seem to be ashore, we have an awful lot of tor- the Saffir-Simpson scale for hurricanes taking a number as they are in line, nados that spawn from that. As any in providing warning on the coast. This moving towards the United States. Member from a southern Atlantic will make a difference in the inland So this resolution is a modest ges- coastal State can tell you, this has areas. This Congress has shown and has ture of appreciation for those employ- been a very busy season; and, unfortu- spoken with an overwhelming major- ees of NOAA who are working around nately, it does not appear to be over ity, and I also call on NOAA to move the clock to monitor the paths of hur- with yet. And if the predictions are forward aggressively to implement this ricanes, the strength of hurricanes, to right, we are in for some pretty bumpy legislation. make sure that we are ready when times in the years ahead. We should never again suffer a hurri- those hurricanes reach the United The folks at NOAA and the National cane season without adequate pre- States. Weather Service have done a fine job in diction tools where life-saving tech- So I urge my colleagues to support letting our citizens know when the nology exists just beyond our current this resolution. storms are coming, where they would grasp. It is available. All we have to do Madam Speaker, I yield 2 minutes to most likely strike, and they have been is spend just a few dollars and it would the gentlewoman from Texas (Ms. pretty accurate about how much wind be there. NOAA already saves countless EDDIE BERNICE JOHNSON). and storm surge they can expect. As a lives. Working together we can help Ms. EDDIE BERNICE JOHNSON of consequence, NOAA has saved millions them save even more. I urge my col- Texas. Madam Speaker, I rise in sup- of lives through its timely reporting leagues to adopt this resolution. port of H. Con. Res. 488 and express my and storm tracking, and it has an Mr. MILLER of North Carolina. appreciation of the leadership of the awful lot to do with saving of property. Madam Speaker, I have no further re- gentleman from Michigan (Mr. EHLERS) I can tell you at my office, and I ex- quests for time, and I yield back the and our ranking member, the gen- pect it is true of most offices that are balance of my time. tleman from North Carolina (Mr. MIL- in the line of fire, the staffs check the Mr. EHLERS. Madam Speaker, I LER) for commending the National Oce- NOAA Web site, NOAA tracking at 8 yield myself such time as I may con- anic and Atmospheric Administration, a.m. and 11 a.m. and 2 p.m. and 5 p.m. sume. known as NOAA. each day because they are the ones Madam Speaker, I first want to b 1545 that have the information. thank the gentleman from North Caro- Indeed, we have profited from their While NOAA has performed well, one lina (Mr. MILLER) for ably managing skills. We commend both the agency of the things that could be improved is the time on the minority side and par- and its employees for their hard work predicting the potential flooding con- ticularly for his provision of the statis- and dedication during these hurricanes. sequences of the rain associated with tics which I find very fascinating, and And also during the time of tornados in these storms. That is why in the 107th I do not want to prolong my statement my area, we are getting the same type Congress I introduced and Congress too much by including them, but it il- of alerts and notices and it really does passed into law legislation to improve lustrates something very dramatically. save lives. We have not yet been able to the forecasting of inland flooding and Often the public asks us what we do save as much material damage and de- to develop an inland flood-warning with all their tax money and why do we struction as we have the lives, but the index similar to the Saffir-Simpson waste it so much. There are a good important thing is that we are saving Scale that we use for wind with hurri- many things that the Federal Govern- lives. And as we begin to use more of canes. Unfortunately, we have not seen ment does that are very, very good for our technology in building, we will see much progress with the development of people. This is one example of that. that even the material destruction will the inland flood-warning index. Con- Funding NOAA is a very worthwhile diminish. It underscores why we need gress has not provided the funds nec- enterprise. Given the statistics that to continue to support science and essary to develop a warning index that the gentleman from North Carolina technology, to develop more skills for can better alert Americans of flood (Mr. MILLER) gave and the statistics approaching and dealing with these hazards associated with tropical cy- that I gave compared to what we do types of catastrophes when they hap- clones, and NOAA has taken only a few today, you can extend that to tornados pen. steps to implement this legislation. as well and other types of disasters. Texas certainly has benefited from If we had had an inland flood-warning The average lead time for tornados warnings during both hurricanes in the index in place, many of the more than was 10 minutes during Hurricane Ivan, south end of the State and tornados in 70 lives lost from Bonnie, Charley, and frequently it is earlier than that the north end of the State. And we are Frances, and Ivan could possibly have for tornados in the Midwest where I grateful for the efficiency and dedica- been saved. We heard of what has hap- live. Flash flood warnings average 57 tion of these employees and are grate- pened in recent years from what we did minutes; 38 tornados occurred across ful for the existence of this agency that at the turn of the century. We still can Florida during Hurricane Ivan, so we deserves continued support so that we do better. really saved a lot of lives in this par- can still benefit from our findings and In 1999, Hurricane Floyd killed 48 ticular case; and it makes the expendi- for our future developments. people in the State of North Carolina tures for NOAA look small by compari- Mr. EHLERS. Madam Speaker, I re- with heavy floods, almost all of them son. serve the balance of my time. lived hundreds of miles from the coast It is very important for all of us, es- Mr. MILLER OF North Carolina. and died from fresh-water flooding. pecially the appropriators, for all of to Madam Speaker, I yield 6 minutes to That can be corrected. us recognize that this is money well the gentleman from North Carolina In Richmond, Virginia, last month spent. It does save lives. It does save (Mr. ETHERIDGE). the remnants of Tropical Storm Gaston properties. It saves injuries, and it is Mr. ETHERIDGE. Madam Speaker, I was predicted to drop 4 inches of rain. very important for us to continue that. thank the gentleman for yielding me Instead, it produced more than a foot Madam Speaker, in closing I want to time. Let me thank him and my col- of rain and resulted in flooding that thank my colleagues from the Florida league, the gentleman from Michigan cost millions of dollars in damage to delegation, virtually all of whom co- (Mr. EHLERS), for bringing this resolu- the city’s historic downtown, and much sponsored this legislation; and I par- tion to the floor because it is so impor- of that damage could have been miti- ticularly want to thank the gentleman tant. gated had the public been better pre- from Florida (Mr. YOUNG) for his en- I rise to add my voice in praise of the pared and had known what was going thusiastic support of the resolution. I staff and leaders of National Oceanic to happen. would also like to thank the gentleman and Atmospheric Administration, Madam Speaker, as the appropria- from New York (Mr. BOEHLERT) and the NOAA, for the job they have been doing tions process winds down, I urge you to ranking member, the gentleman from during this remarkably challenging fully implement and fund the Tropical Tennessee (Mr. GORDON), of the Com- time during this hurricane season. Cyclone Inland Forecasting Improve- mittee on Science for their support,

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.113 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7373 and the gentleman from Colorado (Mr. A motion to reconsider was laid on and the Assistant U.S. Attorney for the UDALL), the ranking member of my the table. Eastern District of Virginia, based in subcommittee. f Alexandria. Mr. BOEHLERT. Madam Speaker, I would In 1986, Justin Williams was ap- like to join my colleagues in thanking the em- JUSTIN W. WILLIAMS UNITED pointed Chief of the Criminal Division ployees of the National Oceanic and Atmos- STATES ATTORNEY’S BUILDING and served in that capacity until his pheric Administration for their hard work this Mr. BURNS. Madam Speaker, I move death in 2003. As U.S. Attorney for the hurricane season. I thank my colleague from to suspend the rules and pass the bill Eastern District of Virginia, he super- Michigan, Mr. EHLERS, for introducing this res- (H.R. 3428) to designate a portion of the vised over 100 prosecutors and oversaw olution and bringing it to the floor today. Each United States courthouse located at such high-profile cases as U.S. v. Al- hurricane season the employees at NOAA 2100 Jamieson Avenue, in Alexandria, drich Ames, U.S. v. Robert Hanssen, provide vital forecasts and warnings to resi- Virginia, as the ‘‘Justin W. Williams and the prosecution of the Virginia dents in harm’s way, minimizing loss of life United States Attorney’s Building’’. Jihad Network. and property. This year they have gone above The Clerk read as follows: In recognition of his achievements, and beyond the call of duty with the high num- H.R. 3428 Justin Williams received numerous ber of powerful storms making landfall in the Be it enacted by the Senate and House of Rep- awards from the Department of Jus- United States. The employees at NOAA who resentatives of the United States of America in tice, including the Attorney General’s support hurricane forecasts and warning ex- Congress assembled, Award for Excellence in Furthering the emplify service to the nation and I am proud SECTION 1. DESIGNATION. Interests of U.S. National Security. to recognize their hard work today. (a) IN GENERAL.—The building and struc- Justin Williams passed away August Mr. GORDON. Madam Speaker, this hurri- ture described in subsection (b) shall be 31, 2003. cane season was predicted to be an active known and designated as the ‘‘Justin W. Wil- Shortly after the 1-year anniversary one. Unfortunately, the prediction is being ful- liams United States Attorney’s Building’’. of his death, it is my pleasure to bring filled. We have not yet come to the end of the (b) DESCRIPTION.—The building and struc- to the floor this bill which honors a ture to be designated under subsection (a) is dedicated American who spent his en- season and already the eastern half of the that portion of the United States courthouse country has experienced widespread damage located at 2100 Jamieson Avenue, in Alexan- tire career making America safer for due to three of these storms—hurricanes dria, Virginia (known as the Albert V. Bryan everyone. I support this legislation, Charley, Frances and Ivan. In addition, two United States Courthouse), that is attached and I courage my colleagues to do the other offshore hurricanes are being monitored to the courthouse main tower structure, de- same. as we speak. scribed as A-Wing in the architectural plans, Madam Speaker, I reserve the bal- The severe coastal damage in Florida and and currently occupied by the Office of the ance of my time. Alabama, widespread inland flooding, and tor- United States Attorney for the Eastern Dis- Ms. EDDIE BERNICE JOHNSON of nadoes have resulted in loss of life and prop- trict of Virginia, Alexandria Division. Texas. Madam speaker, I yield myself erty throughout the eastern part of the na- SEC. 2. REFERENCES. such time as I may consume. tion—including my home state of Tennessee. Any reference in a law, map, regulation, Madam Speaker, I rise in support of document, paper, or other record of the H.R. 3428, a bill to designate a portion We should move quickly to provide assistance United States to the building and structure to our citizens who are now beginning to as- described in section 1(b) shall be deemed to of the Alexandria courthouse located sess the damage and make plans to rebuild be a reference to the ‘‘Justin W. Williams at 2100 Jamieson Avenue as the Justin their homes, communities and businesses. United States Attorney’s Building’’. W. Williams United States Attorney’s They have a daunting task in the days ahead. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. Building. The bill was introduced by The effects of these storms are devastating, There are authorized to be appropriated our colleague, the gentleman from Vir- however, without accurate forecasting and such sums as may be necessary for appro- ginia (Mr. TOM DAVIS), and enjoys very time to prepare the toll in human lives would priate identifying designations to be affixed strong bipartisan support. have been unimaginable. Our investments in to the building and structure described in U.S. Attorney Justin Williams was research and development, weather satellites, section 1(b) and for an appropriate plaque re- an extraordinary public servant who specialized aircraft and computer modeling ca- flecting the designation and honoring Justin served the citizens of Virginia for over W. Williams and his service to the Nation to 30 years. He received his undergraduate pability coupled with the dedication and probe affixed to or displayed in such building fessionalism of NOAA’s employees has paid and structure. degree from Columbia University and off in the timely warnings that we rely upon. his law degree from the University of The SPEAKER pro tempore. Pursu- Madam Speaker, with this resolution we ex- Virginia. During his 33 years as a Fed- ant to the rule, the gentleman from press our gratitude to the federal employees eral prosecutor, he supervised or was Georgia (Mr. BURNS) and the gentle- and their partners in the commercial weather directly involved in every major Fed- woman from Texas (Ms. EDDIE BERNICE business for their efforts in bringing the life- eral prosecution in the Eastern Dis- JOHNSON) each will control 20 minutes. saving warnings and forecasts to our citizens. trict of Virginia. The Chair recognizes the gentleman I urge my colleagues to support this effort to His career is filled with numerous from Georgia (Mr. BURNS). recognize the important work done by the em- awards and honors, including the At- Mr. BURNS. Madam Speaker, I yield ployees of NOAA. torney General’s Award for Excellence myself such time as I may consume. Mr. EHLERS. Madam Speaker, I have that is awarded for furthering the in- Madam Speaker, H.R. 3428 introduced no further requests for time, and I terest of national security, the Direc- by the gentleman from Virginia (Mr. yield back balance of my time. tor’s Award for Sustained Superior TOM DAVIS), designates a portion of the The SPEAKER pro tempore (Mrs. Performance in the years of 1990, 2000, United States courthouse located at BIGGERT). The question is on the mo- and 2002, and Sustained Superior Per- 2100 Jamieson Avenue in Alexandria, tion offered by the gentleman from formance for the years of 1990, 1991, Virginia, as the Justin W. Williams Michigan (Mr. EHLERS) that the House 1997, 1998, and 1999. suspend the rules and agree to the con- United States Attorney’s Building. The In addition to being an outstanding current resolution, H. Con. Res. 488, as full courthouse is known as the Albert lawyer, Justin Williams was a thought- amended. V. Bryan United States Courthouse. ful mentor, loyal friend, outstanding The question was taken; and (two- This bill has the bipartisan support role model, devoted husband, and a lov- thirds having voted in favor thereof) of the entire Virginia delegation. ing father. It is most fitting that we Born in New York City in 1942, Justin the rules were suspended and the con- honor the distinguished career of this Williams earned his bachelor’s degree current resolution, as amended, was dedicated public servant with this des- from Columbia University in 1963, and agreed to. ignation. The title of the concurrent resolution his law degree from the University of was amended so as to read: ‘‘Concur- Virginia in 1967. After graduation, Jus- b 1600 rent resolution commending the Na- tin Williams embarked upon his legal Mr. Speaker, I have no additional re- tional Oceanic and Atmospheric Ad- career. From 1967 to 1986 he worked for quests for time, and I yield back the ministration and its employees for its Department of Justice, Criminal Divi- balance of my time. dedication and hard work during Hurri- sion. He served as Assistant Common- Mr. BURNS. Mr. Speaker, I urge my canes Charley, Frances, and Ivan.’’. wealth’s Attorney in Arlington County colleagues’ support of H.R. 3428, and

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.137 H22PT1 H7374 CONGRESSIONAL RECORD — HOUSE September 22, 2004 thank the gentlewoman from Texas for Following his military service, Con- One of Congressman Skeen’s major her comments. I yield back the balance gressman Skeen attended and grad- legislative accomplishments was to en- of my time. uated from Texas A&M University with sure the opening of the waste isolation The SPEAKER pro tempore (Mr. a degree in agricultural engineering. pilot plant, the Nation’s first reposi- TERRY). The question is on the motion After graduation, Congressman tory for defense-related waste. Con- offered by the gentleman from Georgia Skeen worked as a soil and water engi- cerned about the public’s health and (Mr. BURNS) that the House suspend neer for the Zuni and Ramah Navajo safety and the environment, Congress- the rules and pass the bill, H.R. 3428. Indians. He later purchased and ran his man Joe Skeen worked tirelessly to ad- The question was taken; and (two- family’s sheep ranch. vance storage of Federal waste. thirds having voted in favor thereof) Congressman Skeen was long dedi- He supported legislation to maintain the rules were suspended and the bill cated to public service. He was first the viability of the agricultural indus- was passed. elected to public office in 1960 where he try. He also has been a leader in sup- A motion to reconsider was laid on won a seat in the New Mexico State porting legislative initiatives on a bal- the table. senate. He served until 1970. For the anced budget, crime education and last 6 years of his time in the State f military spending. He is an senate, he served as the minority lead- unapologetic advocate of local control, REQUEST FOR REMOVAL OF NAME er. insisting that citizens make their own OF MEMBER AS COSPONSOR OF In 1980, Congressman Skeen ran as a determination and not let the legisla- H.R. 2028 write-in candidate and was elected to ture do it for them. Mrs. BIGGERT. Mr. Speaker, due to serve in New Mexico’s 2nd District in Congressman Skeen was well re- the radical changes made by the com- the United States House of Representa- spected on both sides of the aisle. He mittee to the introduced bill, I ask tives. Congressman Skeen served in was an earnest and capable legislator, unanimous consent to withdraw my this body for 11 terms. a worthy adviser and a true gentleman Congressman Skeen was known for name as a cosponsor from H.R. 2028. devoted to his family and dedicated to his commitment to property rights, The SPEAKER pro tempore. Under his constituents. His goodwill and balancing the Federal budget and in- clause 7(b) of rule XII, the Chair is con- humor are missed by all of us. creased tax relief. He may have been strained not to entertain that request, It is fitting and proper to honor Joe most influential as chairman of the as the bill has been reported from com- Skeen’s life and public service with the Committee on Appropriations, Sub- mittee and referred to the calendar. designation of the Federal building in committee on Agriculture, Rural De- Roswell, New Mexico, as the Joe Skeen f velopment, Food and Drug Administra- Federal Building. JOE SKEEN FEDERAL BUILDING tion and Related Agencies, enhancing Mr. Speaker, I reserve the balance of the agricultural viability in both New Mr. BURNS. Mr. Speaker, I move to my time. Mexico and throughout the United suspend the rules and pass the bill Mr. BURNS. Mr. Speaker, I yield States. He was also chairman of the (H.R. 3734) to designate the Federal such time as she may consume to my Subcommittee on Interior and Related building located at Fifth and Richard- colleague, the gentlewoman from New Agencies, dealing with natural re- son Avenues in Roswell, New Mexico, Mexico (Mrs. WILSON). sources and public land use. as the ‘‘Joe Skeen Federal Building.’’ Mrs. WILSON of New Mexico. Mr. The Clerk read as follows: I support this legislation and encourage my colleagues to do the same. Speaker, when Joe Skeen was elected H.R. 3734 Mr. Speaker, I reserve the balance of to the Congress, one of the first acts Be it enacted by the Senate and House of Rep- my time. that he introduced in 1981 was legisla- resentatives of the United States of America in Ms. EDDIE BERNICE JOHNSON of tion to name the Federal building in Congress assembled, Texas. Mr. Speaker, I yield myself such Las Cruces, New Mexico, after the man SECTION 1. DESIGNATION. time as I might consume. he replaced, the late-Congressman Har- The Federal building located at Fifth and H.R. 3734 is a bill to designate the old Runnels, and I believe it is appro- Richardson Avenues in Roswell, New Mexico, Federal building in Roswell, New Mex- priate 23 years later to return the shall be known and designated as the ‘‘Joe favor. Skeen Federal Building’’. ico, as the Joe Skeen Federal Building, in honor of a former Member here, Con- Joe Skeen won his election with a SEC. 2. REFERENCES. successful write-in campaign. It was Any reference in a law, map, regulation, gressman Joe Skeen. document, paper, or other record of the Congressman Skeen was born in only the third such victory in the his- United States to the Federal building re- Roswell, New Mexico, in 1927, and as a tory of the United States Congress, and ferred to in section 1 shall be deemed to be young man, he served a 1-year enlist- during his nearly 22 years in the House a reference to the ‘‘Joe Skeen Federal Build- ment in the Navy and served in the Air of Representatives, he was a defender, ing’’. Force Reserves from 1949 to 1952. In a staunch defender, of New Mexico’s The SPEAKER pro tempore. Pursu- 1950, he got his Texas marks by grad- rural lifestyle and its farming and ant to the rule, the gentleman from uating from Texas A&M University. ranching interests. Georgia (Mr. BURNS) and the gentle- He was elected to Congress in 1980 as Even as Parkinson’s began to claim woman from Texas (Ms. EDDIE BERNICE a write-in candidate in the general his speech in his later years, Joe’s JOHNSON) each will control 20 minutes. election. He was only the third person sense of humor remained intact, and it The Chair recognizes the gentleman in the Nation’s history to win a U.S. is one of the things that all of us here from Georgia (Mr. BURNS). House seat through this type of effort. treasure about him. Just about every- Mr. BURNS. Mr. Speaker, I yield my- For more than 2 decades, he served the body in this body has a Joe Skeen self such time as I may consume. people of the 2nd district in New Mex- story, something that makes us smile. H.R. 3734, introduced by my col- ico with distinction and devotion, and I One always knew if they had to go to league, the gentlewoman from New had the pleasure of serving with him. talk to Joe about something, they Mexico (Mrs. WILSON), designates the As Congressman, he focused his en- might as well start smiling because be- Federal building located at Fifth and ergy and interests on agriculture, na- fore it was over he was going to make Richardson Avenues in Roswell, New tional defense, and public land manage- them laugh. Mexico, as the Joe Skeen Federal ment. In 1985, he became a member of After 11 terms in the United States Building. the House Committee on Appropria- Congress, Joe decided to return to his Congressman Skeen was born and tions, and in 1995, he became Chair of ranch, a place that he described as raised on his family’s farm outside of the Committee on Appropriations, Sub- being ‘‘at the center of my upbringing Roswell, New Mexico. In 1948, Congress- committee on Agriculture, Rural De- and which shaped my character and man Skeen enlisted in the United velopment, Food and Drug Administra- principles in life.’’ States Navy and served for 1 year be- tion and Related Agencies. At the be- Joe’s ranch in Picacho is 17 miles fore transferring to the United States ginning of the 107th Congress, he was from pavement, and Joe was never a Air Force Reserves, where he served named the Chair of the Subcommittee gentleman farmer. He was a farmer, a from 1949 until 1952. on Interior and Related Agencies. rancher and a gentleman. He could be

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.117 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7375 fixing fences and working with his one gether to change the dairy sections of Federal Government will name a Fed- hired hand, and hop in the truck and the 2002 farm bill that were unfair to eral building after Joe Skeen, who left drive to Roswell, fly out, take a shower our State’s strong milk and cheese in- after 22 years of service in this House at his apartment in Washington and dustry. Through it all, I enjoyed work- of Representatives. come to the floor of the House. ing with him every step of the way. b 1615 Throughout his service in the Con- Throughout his years of service, he gress, he kept a foot in both worlds, was a model of integrity and truth. The Mr. Skeen was a strong supporter of and the country and New Mexico bene- way he approached his job is the way rural New Mexico and all that it re- fited from it. He leaves behind a proud every elected official should, as a high- quires. He supported roads, schools, tradition of public service in which he ly principled individual who stuck to medical care, electricity and water and has been a positive influence on many his beliefs. He walked his talk. While sewage treatment plants. He was im- people’s lives, including my own. we did not agree on everything, he al- partial when it came to serving the Joe died peacefully in his sleep of ways did what he believed in his heart people of New Mexico. Joe was tremendously respected. He Parkinson’s disease and its complica- to be true, and he always worked in a was quiet, yet he had a demeanor that tions in Roswell, New Mexico, on De- bipartisan way to accomplish impor- created respect. And his sense of humor cember 7, 2003. His wonderful wife Mary tant work. disarmed people with grudges and was with him. Again, this is a deserved honor for a helped all citizens realize that by Joe was truly a great New Mexican. great public servant. working together we can solve the peo- He will be deeply missed, and now, near Mr. BURNS. Mr. Speaker, I yield 5 ple’s problems. Joe used to say, let us his hometown in Roswell, New Mexico, minutes to the gentleman from New talk about what we can agree on, and there will be a building with his name Mexico (Mr. PEARCE). we will work from there. on it. Every time people in Roswell Mr. PEARCE. Mr. Speaker, H.R. 3734 The people of New Mexico will never walk by that building, they will look would designate the Federal building forget Mr. Skeen. He was a man of the up and smile. located at Fifth and Richardson Ave- people. People in the second district Ms. EDDIE BERNICE JOHNSON of nues in Roswell, New Mexico, as the have expressed their love for him as I Texas. Mr. Speaker, I yield such time Joe Skeen Federal Building. travel through the district. As I took as he may consume to the gentleman On December 7, 2003, the Nation lost my place in this national Congress and from New Mexico (Mr. UDALL). a leader, but New Mexico lost a friend. heard from his many friends, I realized Mr. UDALL of New Mexico. Mr. As others have said, Joe Skeen was he was just as respected nationally as Speaker, I thank the gentlewoman for born in Roswell, New Mexico. He was he was in the state. the time. an Aggie, and he stayed an Aggie for Mr. Speaker, I urge my colleagues to Mr. Speaker, I rise today in strong his whole life. support H.R. 3734. support of H.R. 3734 and to honor Mr. He joined the Navy and he served Ms. EDDIE BERNICE JOHNSON of Joe Skeen of New Mexico. Joe served there. Again, that has been mentioned, Texas. Mr. Speaker, I have no further New Mexico with distinction and dedi- but I do not think that other people re- requests for time, and I yield back the cation. During the 4 years we served alize just how much he saw the light balance of my time. together in the Congress, I found Joe when he left the United States Navy Mr. BURNS. Mr. Speaker, I yield my- to be a true gentleman and a states- and scooted over to the U.S. Air Force, self such time as I may consume to man. but as a former Air Force pilot, I rec- thank the gentlewoman from Texas Today, I am pleased that we will be ognized what was going on in his life. and the speakers here today as they passing this legislation to name the He continued to see the real light honor Joe Skeen. I urge my colleagues Federal building in Roswell, New Mex- when he saw Mary Helen Jones and to join me in supporting H.R. 3734 in ico, after Joe. It is an excellent tribute married her in 1945. I will tell my col- naming the Federal Building in to honor a great man. leagues that Mary and Joe continued Roswell, New Mexico, for our former One of the things I respected about to be favorites throughout their entire colleague. him the most was his bipartisanship, careers in New Mexico. Even today peo- Mrs. MALONEY. Mr. Speaker, I rise in and I think every Member of Congress, ple say, ‘‘Tell Mary that we are think- strong support of H.R. 3734, a bill to name a Democrat and Republican, every Mem- ing about her.’’ federal building in Roswell, New Mexico as the ber of this House, loved him for that. One of the most important things ‘‘Joe Skeen Federal Building.’’ We were all He loved this institution. He had a that people remember about Joe was saddened when our dear friend and colleague great sense of humor. He did not take his sense of humor, and I hear about retired at the end of the 107th Congress and this place, where we do this the serious that constantly. When I go to town hall passed away in December 2003. However, we business of the country, too seriously, meetings, they listen to me for 2 hours, were fortunate to serve with Joe and the peo- and he would always have a good story and then the first thing they say is, ple of New Mexico were better off because of or a quip. ‘‘Joe Skeen was funny.’’ I have enjoyed his 20 years of service. It is difficult to capture with words the comparisons. They also tell me As Members of Congress, we often work the impact and the significance that that ‘‘Joe Skeen left big shoes to fill; with colleagues from different parts of the Joe has meant not only to New Mexi- make sure you fill them, son.’’ country and from across the aisle. It was a cans, but to the citizens of the United Joe was just a lifelong servant to the great privilege to have worked with Joe States and the institution of the Con- Nation and to the State. He has been Skeen. Since his first election in 1980, he gress as well. recognized throughout New Mexico, served on the Appropriations Committee, During his tenure as New Mexico’s though. They have begun to name dif- chairing the Subcommittee on Agriculture and longest-serving U.S. House Member, he ferent buildings after him already. He then the Subcommittee on the Interior. Joe built a dedicated and talented staff on helped at New Mexico State Univer- has always been a true gentleman and always Capitol Hill. He was renowned for his sity, New Mexico Tech, Holloman Air told it like it was. When dealing with Joe, I al- tireless work on behalf of agrarian in- Force Base and White Sands, and those ways knew he would give me a fair hearing on terests. Although he did not get the institutions have begun to name build- an issue and try to accommodate me when he credit he deserved, he also helped steer ings after him. New Mexico Tech could and politely say ‘‘no’’ when he couldn’t. millions of Federal dollars to our named their library after Joe Skeen. I could also always depend on Joe telling me State. New Mexico State University named a good story to underscore the point he was I was proud to work with Joe on leg- their new agricultural research build- making. islation that helped return mineral ing after Joe and Mary Skeen. Chaves On a personal note, I had the pleasure of rights to the Acoma Pueblo. That bill, County named their new administra- working with Joe to further the progress of now Federal law, was easily steered tive building after Joe Skeen, and New Parkinson’s Disease research in America. In through Congress by Joe’s knowledge Mexico has named Highway 70, the Joe 1999, along with my colleagues, Mr. EVANS, of the legislative process. While we Skeen Highway. Mr. MARK UDALL, TOM UDALL, and Mr. WAX- were ultimately not as successful as we Today, I am pleased the U.S. House MAN, Mr. Skeen and I formed the Congres- would have liked, we also fought to- of Representatives will act so that the sional Working Group on Parkinson’s Disease.

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00045 Fmt 4634 Sfmt 9920 E:\CR\FM\K22SE7.121 H22PT1 H7376 CONGRESSIONAL RECORD — HOUSE September 22, 2004 Joe Skeen was a true leader in the fight Michigan (Mr. CAMP) and the gen- tax credit that took effect last year. against Parkinson’s Disease. Over the years, tleman from Maryland (Mr. CARDIN) Let me just point that out, Mr. Speak- the Working Group has sought to increase each will control 20 minutes. er, the adoption tax credit now pro- awareness among Members of Congress on The Chair recognizes the gentleman vides a guaranteed $10,000 tax credit for Parkinson’s related issues. Most importantly, from Michigan (Mr. CAMP). the adoption of special-needs children the Working Group advocates for accelerated Mr. CAMP. Mr. Speaker, I yield my- who are classified as being more dif- and increased funding for Parkinson’s re- self such time as I may consume. ficult to place for adoption because of search in the hopes that we soon find the cure Mr. Speaker, I rise today in support certain factors, including physical, for what leading scientists call the most cur- of H.R. 1057, a bill to make permanent mental or emotional impairment. Prior able neurological disorder. the adoption tax credit and assistance to that change, it was very difficult for We will carry on the fight to cure Parkin- programs contained within the Eco- people adopting special-needs children son’s, in part, inspired by the legacy of the nomic Growth and Tax Relief Act, to qualify for the tax credit. In fact, great Joe Skeen. This bill ensures that the which we passed in 2001. less than 15 percent did, because many The importance of the Adoption Tax people of New Mexico and those around the of their expenses included in the adop- Relief Guarantee Act could not be country never forget our friend, Joe. I fully tion credit were already paid for. clearer: helping abandoned children support its passage in honor of Joe Skeen— We know that people who adopt chil- find safe, loving, permanent homes. a true national treasure. dren with special needs incur addi- Three years ago, we took a giant step Mr. BURNS. Mr. Speaker, I yield tional costs, including modifying their forward. Our failure to act today would back the balance of my time. home to take care of the physical im- be an equally giant step backward. pairments of the child and other types The SPEAKER pro tempore (Mr. The adoption tax credits were origi- TERRY). The question is on the motion nally limited to 10 years. No child of expenses. Now that we have modified offered by the gentleman from Georgia should have limits placed on their the tax credit, those families can take (Mr. BURNS) that the House suspend hopes, dreams, and opportunities for advantage of this $10,000 credit, and the rules and pass the bill, H.R. 3734. the future, and no loving parent willing therefore, it is really helping deal with The question was taken; and (two- to take a child in should be denied due the placement of special-needs chil- thirds having voted in favor thereof) to the financial burdens imposed by the dren, one additional reason why it is the rules were suspended and the bill adoption process. By voting in favor of important for this tax credit program was passed. H.R. 1057, we will eliminate the sunset to continue without interruption, one A motion to reconsider was laid on and will make adoptions easier for all additional reason why this legislation the table. families for generations to come. should pass. My only regret about this legislation f Adoptions can be prohibitively expensive. Licensed private adoption is that there was no effort to offset its GENERAL LEAVE agencies charge fees ranging from cost. Relative to the other tax exten- Mr. BURNS. Mr. Speaker, I ask unan- $4,000 to $30,000. Independent adoptions sions, the cost of the adoption tax cred- imous consent that all Members may can cost anywhere from $8,000 to it is relatively modest. Let me point have 5 legislative days within which to $30,000. If the adoption tax credit is out, Mr. Speaker, that the sunset pro- revise and extend their remarks and in- cut, the prior law level of $5,000, many vision is now in the year 2010. There clude extraneous material on H.R. 3428 families will not be able to afford adop- are many other tax provisions that and H.R. 3734, the measures just con- tions. Money may not be able to buy have much sooner sunset dates that we cluded by the House. you love, but in the case of adoptions, have not acted on yet and we need to The SPEAKER pro tempore. Is there it may keep you from it. deal with. objection to the request of the gen- There are over 565,000 children in I support this change, and it has a tleman from Georgia? publicly-funded foster care waiting to modest cost, but I am sorry that we did There was no objection. be adopted. Even more are in the pri- not take advantage of this opportunity vate system. Cutting the adoption tax to close some tax loopholes, including f credit will make it more difficult to those available to companies who ship THE ADOPTION TAX RELIEF move children out of foster care and jobs overseas, that could have offset GUARANTEE ACT into permanent homes. With H.R. 1057, easily the cost of this bill so we do not we will permanently put the health and continue to add to the growing deficit. Mr. CAMP. Mr. Speaker, I move to The current budget deficit is $422 bil- suspend the rules and pass the bill safety of children first and give our Na- tion’s foster children a fighting chance. lion in this fiscal year, and it is pro- (H.R. 1057) to repeal the sunset of the jected to grow to over $1.6 trillion over Economic Growth and Tax Relief Rec- We cannot allow this credit to lapse. Over half a million children are count- the next 5 years. This amount will be onciliation Act of 2001 with respect to added to a current overall of $7.3 tril- the expansion of the adoption credit ing on us to finish the job we started over a year ago. lion. It should, therefore, be no sur- and adoption assistance programs. prise that we are about to raise our The Clerk read as follows: Temporary is not an option for adoption, and it should not be for this tax government debt limit for the third H.R. 1057 credit either. I urge my colleagues to time in just the last 3 years. At some Be it enacted by the Senate and House of Rep- support this vital piece of legislation. point, we are going to have to own up resentatives of the United States of America in Mr. Speaker, I reserve the balance of to the fact that we are simply passing Congress assembled, my time. on our obligations to our children rath- SECTION 1. SHORT TITLE. Mr. CARDIN. Mr. Speaker, I yield er than living within our means. This Act may be cited as ‘‘The Adoption myself such time as I may consume. Mr. Speaker, I hope we will find a Tax Relief Guarantee Act’’. Mr. Speaker, there is broad bipar- way to pay for this and other tax ex- SEC. 2. REPEAL OF APPLICABILITY OF SUNSET tisan support for assisting adoptive tenders through commonsense changes OF THE ECONOMIC GROWTH AND TAX RELIEF RECONCILIATION ACT families in meeting their expenses. in the tax code. In the meantime, I sup- OF 2001 WITH RESPECT TO ADOP- Helping families afford the cost of port this extension of the adoption tax TION CREDIT AND ADOPTION AS- adopting children in loving homes is credit, and I urge my colleagues to sup- SISTANCE PROGRAMS. clearly a worthy policy, and targeted port this legislation but to continue to Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 is tax relief can help promote that goal. I, work for more responsible fiscal poli- amended by adding at the end the following therefore, support this effort to elimi- cies. new subsection: nate the sunset provision in the cur- Mr. Speaker, I reserve the balance of ‘‘(c) EXCEPTION.—Subsection (a) shall not rent adoption tax credit, and I want to my time. apply to the amendments made by section compliment my colleague, the gen- Mr. CAMP. Mr. Speaker, I yield my- 202 (relating to expansion of adoption credit tleman from Michigan (Mr. CAMP), for self such time as I may consume, and I and adoption assistance programs).’’. his work and leadership on this issue. appreciate the gentleman’s comments The SPEAKER pro tempore. Pursu- This extension is particularly worth- in support of the bill. I would like to ant to the rule, the gentleman from while given the change in the adoption say that we have confirmed with the

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.044 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7377 Committee on the Budget that this leg- Carolina are quite interesting. He has The American public may seem naive islation does fall within the parameters brought out a bill today that all here to some people running for the other of the House-passed budget. wholeheartedly support, through tax body; but they know what this would Mr. Speaker, I yield such time as he incentives, making adoptions less cost- mean, which is why the President, the may consume to the gentleman from ly. Now, that is certainly a good idea. President of the United States, who South Carolina (Mr. DEMINT), the au- But it is hard to understand his says he wants to tear the tax structure thor of this bill who has been a real thinking, because he has introduced out by its roots, would not even admit leader on adoption issues in this House. legislation here to convert our whole that he supports the gentleman from Mr. DEMINT. Mr. Speaker, first, let tax regime to one that relies solely on South Carolina’s (Mr. DEMINT) pro- me express my sincere appreciation to consumption taxes, a sales tax. posals. the House leadership and, particularly, Now, I do not know why he is sup- If you are out here to help families the chairman of the Committee on porting this. I guess he wants to keep and you want people to adopt children, Ways and Means for bringing this im- making it more complicated so his this bill is flawed. Too much of the portant legislation to the floor. I would other bill will pass, but that proposal money goes to people on the top end like to thank my colleague, the gen- would be a boon to the wealthy elite. It like every other proposal that we have tleman from Michigan (Mr. CAMP) for would remove the tax incentives that brought out here by this administra- his leadership on the adoption issue would make home purchases, college tion and this Republican majority. But over many years, as well as the gen- and health care more affordable. His if you want to make that kind of pro- tleman from Maryland (Mr. CARDIN) proposal would tax all purchases on posal, then do not put in these silly and all of my colleagues on both sides goods and services in our economy, in- bills for a sales tax for this country be- of the aisle for supporting this legisla- cluding food, health care and home cause the people are going to wonder if tion. rents. In fact, the Joint Committee on you are serious about anything. No- One of the greatest titles in the Taxation did an analysis of a similar body who is serious about helping peo- world is parent, and one of the biggest proposal and indicated that in order for ple adopt children is going to think blessings in the world is to have par- a sales tax proposal to be revenue neu- that a sales tax on tennis shoes and ents to call mom and dad. So it gives tral over 10 years, the estimated na- diapers and all the things that go with me great joy to stand here along with tional sales tax rate would be between kids makes any sense whatsoever. all my colleagues today to celebrate 36 and 57 percent. That is a 36 and 57 We will all vote for this, but I think the thousands of moms and dads and percent sales tax. the people should know what the pro- children who have become bigger, Some of us have a State sales tax of poser actually has in mind. stronger families through adoption. 8 or 9 cents, and we think that is awful. Mr. CAMP. Mr. Speaker, I yield such Last Congress, we passed several im- But the gentleman from South Caro- time as he may consume to the gen- lina (Mr. DEMINT) is proposing that. In portant adoption provisions. We dou- tleman from Texas (Mr. BRADY), a dis- bled the adoption tax credit to $10,000 other words, the price of a blood trans- tinguished member of the Committee for all adoptions. We indexed that cred- fusion, prescription drugs and a pair of on Ways and Means. sneakers would increase by 37 to 57 per- it to inflation. We increased the earn- Mr. BRADY of Texas. Mr. Speaker, cent. Now, does that sound fair? Oh, ings limit, and we exempted the bene- first let me thank the gentleman from and by the way, of course there would ficiaries from the alternative minimum Michigan (Mr. CAMP) as a leader in the be no adoption tax credit under that tax. We included, as has already been Committee on Ways and Means on en- regime. So if you adopt a child, well, mentioned, a $10,000 flat credit for spe- couraging adoption and the gentleman tough luck. from South Carolina (Mr. DEMINT), cial-needs adoptions. Additionally, we Very good to talk about it here who has been a leader on this issue for extended and doubled the tax deduction today. I am sure he would like to take many years since I have been a Member for employer-provided adoption bene- this home for the campaign. But when of Congress and have come to know fits. you put in bills that make no sense, all him. Unfortunately, the Senate’s sunset those people who have lost their textile I am an adoptive father. My wife and provisions will make all these benefits jobs in South Carolina due to inter- I have two little baby boys, a 5-year- disappear December 31, 2010. Sadly, it national trade and qualify for health old son, a redhead, named Will; a 2- will soon start to affect couples who tax credits, well, they would be out of year-old named Sean. Whoever said want to begin the adoption process and luck, too. And the gentleman from that at my age having young kids cannot afford all the adoption costs re- South Carolina is going to expect to keeps one young is absolutely wrong. lated to it. sell this proposal to the baby boomers H.R. 1057, the legislation before us in this country who are about to go on They make us old fast. But they are an today, will help couples by ensuring a fixed income? Let us take the best absolute joy to us. And it is only in that they know that the adoption tax case, a 36 percent sales tax. How is he Washington, unfortunately, that we credit and the financial relief provided going to sell that and get elected to the have such a serious subject about try- by this tax credit will be there for United States Senate? ing to help families build their families them when they find that beloved The Health Insurance Association of with an adopted child, that we have an child. This bill will guarantee tax relief the United States states that one of election-year smear campaign brought for adoptive parents and will help unite the consequences of a flat tax bill is to the Chamber against one of our col- children with loving parents who can likely to be a rapid increase in the leagues who is running for an office in build strong and stable families in our number of people without private South Carolina. I guess in Washington country. health insurance coverage. these days it is sort of the order of There may be some unwanted preg- business that one takes the serious nancies, Mr. Speaker, but the thou- b 1630 issue of children and adoption, who are sands of couples that are waiting to One economist estimated that there looking for a home, and then they run adopt children prove that there are no would be 8 million more people without these horrible attacks from here from unwanted children, and I urge my col- health benefits if a flat tax proposal this Chamber. As an adoptive father, I leagues to support this legislation. was enacted. James Poterba, an econo- think it is sad and really disgusting. Mr. CARDIN. Mr. Speaker, I am mist at MIT, estimated that elimi- Let me make this point on this bill, pleased to yield 5 minutes to the gen- nating the current tax law benefits for which is really the subject of today, tleman from Washington (Mr. purchasing homes could result in a 17 which is adoptions build families. It MCDERMOTT), a member of the Com- percent decline in the value of the U.S. provides love and hope where really mittee on Ways and Means. housing market. none exists, both for the child and for (Mr. McDERMOTT asked and was What about payroll taxes? A flat tax the parent as well. It is just a joy. And given permission to revise and extend proposal may eliminate the deduction we are so proud of birth moms and dads his remarks.) that employers pay for their payroll who choose that option. Mr. MCDERMOTT. Mr. Speaker, the taxes, amounting to a massive tax in- This bill is so important because remarks by the gentleman from South crease on businesses of all sizes. adoptions are so expensive. I do not

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.126 H22PT1 H7378 CONGRESSIONAL RECORD — HOUSE September 22, 2004 know how families afford them any- from Korea, my daughter, Kathryn, islation, the business of building fami- more. If they use an agency, it is easy adopted daughter Kathryn; and it was lies through the miracle of adoption, to begin with a $25,000 fee. If they have the greatest day of my life, until May linking parents or would-be parents de- a private adoption, like we did, our 29, 1996, when in another trip after an- siring to play out that role in a little first one was very expensive because other day out to National Airport one’s life with children who need and the adoption was a little more com- brought me face to face for the first want more than anything families to plicated. One can easily spend $10,000 time with my baby boy, Scott. love them and raise them. This is good without blinking an eye. And that puts These children have enriched my life social policy. This is something we can it out of reach for a lot of middle-in- more than anything else possibly could agree on. Let us help it along with this come families in America. and beyond my wildest imagination. tax credit, and I urge its adoption. And these adoptions are expensive for Each day with them is a pure joy. I Mr. CAMP. Mr. Speaker, I yield 2 a reason. One, legal expenses. Over the now know, and am learning later than minutes to the gentleman from South years at the State level and the Fed- most, what a complete and fabulous ad- Carolina (Mr. DEMINT). eral level, we have tried to make sure venture parenthood can be and how Mr. DEMINT. Mr. Speaker, just a adoptions stick. Both for the birth par- deeply satisfying it is to the very fun- couple of additional comments, and I ents who are giving that child up and damental purpose of life. want to thank the gentleman from for the parents like myself who are I speak that from a parent’s perspec- North Dakota for his perspective. adopting them, our legal costs are tive. But I also care so deeply about And just for those of my colleagues high, higher these days because these the perspective of little children, little who have budget concerns, as has al- are stronger foundations and more se- children who need homes, need families ready been mentioned, this bill fits cure adoptions, and that is good. But to love them. I especially am con- into the budget. It is also the best in- also we use a lot of those moneys for cerned about children in circumstances vestment this country could make, medical expenses through the agencies, where placement has been difficult: building strong families; and just the working with the mom on prenatal special needs children, slightly older reduction in foster care alone more care, making sure she is getting the children, children that would pose for than offset this tax bill. checkups for the baby, making sure families considering adoption higher If I could say a word about the col- that child has a chance to have a costs than an infant adoption. league who interrupted our celebration healthy start in life. So the medical ex- Because I think this experience is so with some political comments about penses are high. As a result of both of profound and fundamental to life expe- my sales tax, I would assure all my col- those, adoptions can be so expensive. rience, the business of having children leagues, so there will not be any con- And, again, without this tax credit, who need homes, connected with par- cern, that I have never in this body here each and every year we are going ents who will love them and raise them supported anything that increased to prevent some loving families from as their own, I certainly do not want fi- taxes or costs on the American people occurring. We are going to keep chil- nancial barriers getting in the way. and do not intend to and would never dren in foster care who really ought to In the course of activity of recent support the type of legislation that was be in a loving home at night with par- years, we have moved in place an adop- just described here. So I do not want ents reading to them and providing tion tax credit, $5,000. We have now there to be concern on the other side, them with a future. This adoption tax moved to double it. And with this ac- because I cut taxes; I do not raise credit is just critical. It ought not to tion today, we would move to make it them. be something that is temporary but permanent. I think that is precisely Mr. CARDIN. Mr. Speaker, I reserve permanent that families in our country what we need to do. We must not bar the balance of my time. can count on and encourage. families from this experience because Mr. CAMP. Mr. Speaker, I yield 5 With that I urge support and appre- of their inability to front the signifi- minutes to the gentleman from Geor- ciate the leadership again of the gen- cant up-front costs now ranging from gia (Mr. LINDER). tlemen from Michigan and from South $8,000 to $30,000 per adoption. Mr. LINDER. Mr. Speaker, I thank Carolina. And my belief is that one would have the gentleman from Michigan for yield- Mr. CARDIN. Mr. Speaker, I yield to look long and hard to find an adop- ing me this time. such time as he may consume to the tion agency for placement less than I was watching some of the coverage gentleman from North Dakota (Mr. $15,000. So these are very significant on TV of the debate and saw some of POMEROY), a member of the Committee costs. This tax credit will not cover all the worst demagoguery I have ever on Ways and Means. of them in the great majority of cases, seen in my life. And we will hear it Mr. POMEROY. Mr. Speaker, I thank but it will make a difference. This will again and again. the gentleman for yielding me this make a critical difference in allowing It is true that the gentleman from time. families to participate in the miracle South Carolina is a cosponsor of a bill I want to begin by offering the com- of adoption that otherwise would not for a sales tax. So are 54 of his friends ment that on any tax measure brought be available. in this House. And it is true that the to the floor of this House, I believe it is I want to commend the gentleman sales tax would be at 23 percent of what entirely appropriate to discuss the from Michigan (Mr. CAMP), who in par- we spend. But the fact of the matter is larger budget framework facing this ticular over the years has led this Con- we are currently giving up 22 percent of country, the out-of-control deficit, the gress and earlier Congresses in break- what we spend to the current system. record level of deficit leading to ing down barriers that have kept kids A study that we have from the head records of levels of debt leading to the in indeterminate status, in foster care of economics at Harvard argues that 22 impending vote on debt limit. These arrangements with no certainty, no percent of what we are currently are all very serious financial matters stability. He has, with earlier legisla- spending at retail represents the em- before the country and brought obvi- tion, made it possible, I believe, to sig- bedded cost of the current system. One ously germane to any discussion of tax nificantly change the national priority is paying every tax bill and compliance cuts, even the one before us. and move toward children’s interests cost of every company that touched But I want to speak in favor of this first, children interests, that being that house or that appliance or even bill. I would have preferred that an off- part of a permanent family. that loaf of bread. set be included, offsetting the cost of The financial piece of this follows If we are to get rid of the income tax this bill. But, nonetheless, this is a along with this legislation. I think it and the payroll tax and all tax on in- very measured, targeted, and impor- dovetails very nicely with the gentle- come, competition would drive that tant piece of social policy; and it man’s earlier work. out of the system. And if we replace it strikes me right where I live. So I ask that we put aside partisan- with a 23 percent tax, we would have a On February 3, 1994, I was a freshman ship on the question of the bill before 1 percent higher standard of living, but Member of this body. My workday us. We certainly have much to discuss they would keep their whole check and ended with a drive to National Airport about the budget, as I mentioned at the the average income earner would have where my daughter came off the plane outset; but this is important social leg- a 56 percent increase in take-home pay.

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.127 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7379 We have heard before the study out would take the time to read it and un- so regressive in character, would al- of the Joint Committee on Taxation derstand that we are already paying ready have been enough to satisfy this that said it had to be at 50 percent or this tax, that we totally untax the poor appetite. But there seems to be no 60 percent. That is true, because they by getting rid of the 22 percent embed- limit to what they want to do in terms made some assumptions that the bill ded cost and by giving every household of increasing burden on the middle- and would not pass as written; and when a check to totally untax them up to moderate-income families, while giving they made those assumptions and took the poverty line, if they would begin to a pass to the most-affluent few. When taxes off certain things, it raised the understand that this is actually a tax it comes to a particular industry, one I cost. on accumulated wealth, relieving the know well, agriculture, this would be a But just think about this for a mo- tax for low-income people, maybe we death knell for family farming all ment. We have a negative savings rate could have an honest debate about this across the country. in this country, which is to say we and maybe we could speak some truth This national sales tax proposition is spend more than we earn. And if the on the floor of the House. It is way too very bad business. Let us not let this tax needed to be 56 percent on what we much to expect, but let us give it a concept take root, even in a discussion spend, then surely we would have to shot. this afternoon on the adoption tax argue that it has to be more than that Mr. CARDIN. Mr. Speaker, this discredit. This national sales tax is bad, on what we earn. And I do not hear cussion is becoming a little bit more bad business. anybody saying that we have an aver- interesting than we thought. Mr. CAMP. Mr. Speaker, I yield 30 age income tax at 56 percent. Mr. Speaker, I am pleased to yield 21⁄2 seconds to the gentleman from Georgia We are going to be forced to make minutes to the gentleman from North (Mr. LINDER). some tough decisions in the very near Dakota (Mr. POMEROY). Mr. LINDER. Mr. Speaker, I thank future, and we are going to come to a Mr. POMEROY. Mr. Speaker, I thank the gentleman for yielding me time. system that gets the tax component the gentleman for yielding me time. Mr. Speaker, I guess it is too much out of the price system so that we are Mr. Speaker, again I support the unfor people to read the 132-page bill. We more competitive in the world econ- derlying proposition before us, but get rid of the payroll tax, we do not omy. And the only bill that does that there are remarks made about a na- leave it in place, and there is simply no is the one that gets rid of all tax on in- tional sales tax that I simply have to tax on farmers. It is only on personal come and the payroll tax. We spend 6 respond to, representing a rural area consumption, and the Farm Bureau is to 7 billion man-hours just filling out like I do. very close to endorsing the entire idea. IRS paperwork. We spend at least that The principal industry in North Da- Mr. CARDIN. Mr. Speaker, I am much time calculating the tax implica- kota is agriculture. Agriculture is pleased to yield 3 minutes to the gen- tions of a business decision. We lose 18 based upon family farming. The eco- tleman from Washington (Mr. percent of our economy to making de- nomics behind a family farm are pretty MCDERMOTT). cisions based on the tax consequences interesting. Every year, these families (Mr. McDERMOTT asked and was instead of the economics. It is costing essentially stake about everything given permission to revise and extend us somewhere between 300 and $500 bil- they have got on making equipment his remarks.) lion a year just to comply with this payments, making land purchases, buy- Mr. MCDERMOTT. Mr. Speaker, the complicated code. ing the inputs to get the crop in, the gentleman from Georgia is correct, we What it is doing is it is forcing jobs seed, the fertilizer, the gas to run the never have enough time to discuss overseas. If we became the only Nation tractor. taxes out here. We usually run bills in the world that sold goods and serv- You are not going to find for a fam- through here with no time at all to ices into a global economy with no tax ily-sized small business, I do not think, think about anything. component in the price system, we an undertaking beyond family farming The fact is, if you really want to un- would not only be voraciously competi- where there is so much money that derstand what this country is doing, tive, but every foreign corporation goes out the door and into the ground there is a wonderful book called ‘‘After would build its next plant in this coun- with the hope that you are going to the Empire’’ by a guy named Emanuel try so that they could sell into a global have a crop come around harvest time Todd. He is the guy that predicted economy with no tax component in the and have something to make up those when the Soviet Union would come price system. costs with. down. He is the only one who predicted We have a coming crisis in Social Se- Why go into that is because, just it before it happened. curity and Medicare. Larry Kotlakof, think of it for a minute, suddenly you He is now talking about the chaos an economist from Boston University, are going to add about a 23 cent per that this administration and this Re- says that the shortfall, the 75-year un- dollar hit on a national sales tax. You publican majority have put this coun- funded liability in Social Security and could not come up with a worse scheme try in. You are borrowing enough Medicare, is $51 trillion. if you imagined to knock family farm- money for the Defense Department. ers out of business all across this coun- That is what you are borrowing. You b 1645 try. I believe it would absolutely be a are only taking in enough revenue to The total household debt in America catastrophe to family farmers and to handle everything but defense, and you is less than $44 trillion. That system rural America. are borrowing all over the world, from cannot survive by having employees Underlying the principle further is the Chinese and the Japanese and the pay for retirees. If we move it to a por- the whole notion that we should tax Europeans. tion of the 23 cents of the sales tax, we wages, not wealth. The gentleman If some day they say to us, United would double the revenues to those cat- talks about leaving the payroll tax in- States, we are tired of funding your De- egories in 15 years by doubling the size tact. But for someone living com- fense Department so you can come over of the economy in 15 years. fortably on trust fund income, zero tax here and hammer us or mess up things Lastly, we have somewhere between on those earnings; and then a tax, of in the Middle East or run around the $5 trillion and $6 trillion sitting in off- course, on consumption, like everyone world anywhere you want and start a shore accounts to protect them from else would have. war, because you have got a President the IRS because it is too expensive to What is at stake here is an effort to now who says we can start a war any repatriate money. A company would make incredibly regressive changes to time we want any place we want. The rather borrow at 6 percent than repa- the Tax Code so that the moderate-in- world is afraid economically of the triate at 33 percent that. That money come families, the middle-income fam- United States. would all be in our shores if we were to ilies in this country, suddenly assume This is a war of economics. It is not become the world’s largest tax haven, a significantly new burden in terms of a war on terror, it is a war on econom- and we would be creating jobs with it. additional taxes away from the most ics. One of the reasons why we got into To demagogue an idea without read- affluent few. this whole business in the Middle East ing the 132 pages is what this House You would think the changes already is because the rest of the world is does an awful lot of. But if someone made, that have been documented to be thinking about leaving the dollar as

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.129 H22PT1 H7380 CONGRESSIONAL RECORD — HOUSE September 22, 2004 the currency that stabilizes the world leagues, because I think they were mis- home studies and some of the medical and going to the Euro. They were doing leading when it was said that the pas- checks that are necessary as a result of it in Iran. Saddam Hussein was talking sage of this tax credit is consistent an adoption can be very, very expen- about doing it in Iraq. If they had done with the budget. We have not passed a sive, and this will help families as they that to the oil economics of this world, budget. We have not reconciled the dif- take that very important step. we would have had a major catas- ference between the House and the So the administration supports this trophe. So one of the side benefits of other body. legislation and is urging that we have this little exercise over in Iraq was Now, I know my colleagues will say, quick action in Congress to reduce the that we did not get oil denominated in well, we passed one here and we are financial burdens that families have Euros. consistent with what we did. But there when they undertake adoptions by You people simply will not look at is no budget that puts us on a glide making this important part of the tax what you are doing. You cannot fight a path towards responsible budgeting. relief that we passed in 2001 permanent. war and have 700 bases all over the That is my concern, Mr. Speaker, and Mr. Speaker, I urge adoption of this world and run a deficit of $450 billion that is one of the reasons I raised the resolution and submit the letter I pre- every year for the whole future that issue. The deficit this year is $422 bil- viously mentioned. you can see. lion. I do not believe any one of my col- EXECUTIVE OFFICE OF THE PRESI- This little bill here today is a minor leagues is happy with that result. DENT, OFFICE OF MANAGEMENT issue; we know that. But it gives us an What will this bill do? It will add a AND BUDGET, opportunity to point out that your eco- little bit more to the deficit. It will Washington, DC, September 22, 2004. nomics are upside down. add a little bit more to the red ink of STATEMENT OF ADMINISTRATION POLICY You talk great things about, we are our Nation. I find that regrettable. I H.R. 1057—ADOPTION TAX RELIEF GUARANTEE going to reform the tax system. We had think we need to institute budget dis- ACT (REP. DEMINT (R) SOUTH CAROLINA AND 203 a chairman on the Committee on Ways cipline. We need to offset our expendi- COSPONSORS) and Means for the 10 years he was here, tures, whether they are in the Tax The Administration strongly supports H.R. who said he was going to reform the Code or in the operating budget, so 1057, which would permanently extend the tax system, was going to tear it out by that we do not add to the red ink of the expanded tax relief for adoption enacted in its roots, but he never brought a bill to Nation. 2001. Adoption is a wonderful way to build a the committee. Unfortunately, this bill will not do family and to provide a loving, permanent So it really is all talk, because you home to a child in need. Making the tax re- that. And it would be easy for us to know it is nonsense. You want the lief for adoptions permanent will provide fi- agree in a bipartisan manner to the American people to believe it. You nancial relief to families taking this impor- necessary offsets so this bill does not want the American people to believe tant step. add further to the deficit. The President has called on Congress to that we can get rid of that awful, ter- That is the offer that I make on be- make provisions of the 2001 and 2003 tax re- rible income tax and we will have this half of this side of the aisle. Yes, we lief acts permanent to prevent tax increases nice, easy sales tax that somebody else support this legislation. Yes, we will from hitting America’s families, small busi- will pay. But when you look at it and work with you to make sure it gets to nesses, investors, farmers, and seniors. Tax how it actually works, it does not relief has greatly helped the economy weath- the President for his signature. But work, and that is why you will not do er the storms of recent years and fueled the work with us so we do not continue to it. economic recovery underway today. Making You have no courage. You own both add red ink and debt to our Nation. tax relief permanent will lay the foundation Houses, both the Senate and the House, Mr. Speaker, I yield back the balance for sustained economic growth and job cre- and you have never brought that bill of my time. ation over the long term and enable taxpayers to better plan for their future. out here to be discussed. Why not? Be- Mr. CAMP. Mr. Speaker, I yield myself such time as I may consume. The Administration is pleased that the cause you know it is nonsense. You House is acting now to make tax relief for know it is nonsense. That is why you Mr. Speaker, let met just get back to the basics about what this bill is about. adoption permanent. The Administration have to run these bills through in the urges quick action in Congress to reduce the middle of the night with 1 hour’s de- In 2001, this Congress passed tax relief financial burden of families undertaking bate or 2. which included an increased and en- adoption by making this important part of So, let us be honest here about taxes. hanced adoption tax credit. This new the President’s tax relief plan permanent. This little one will pass, but do not law will expire. The sunset was in- Mr. Speaker, I yield back the balance give us this sales tax or what you are cluded in the law simply to comply of my time. going to rip out by the roots. with Senate procedural rules. This leg- The SPEAKER pro tempore. The ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE islation would repeal that sunset so question is on the motion offered by The SPEAKER pro tempore (Mr. that the adoption tax credit provisions the gentleman from Michigan (Mr. TERRY). The Chair reminds Members remain permanent. CAMP) that the House suspend the rules that remarks should be made to the If this legislation, H.R. 1057, is not and pass the bill, H.R. 1057. Chair and not to others in the second enacted, then the adoption tax credit The question was taken. person. would be cut from a maximum of The SPEAKER pro tempore. In the Mr. CARDIN. Mr. Speaker, I yield $10,000 to zero. Families who adopt spe- opinion of the Chair, two-thirds of myself the balance of my time. cial needs children would no longer re- those present have voted in the affirm- Mr. Speaker, as I said in the begin- ceive the flat credit. Instead, it would ative. ning, I support this bill. It is good pol- be a much more limited credit. Mr. CAMP. Mr. Speaker, on that I de- icy, the adoption tax credit. It should Also, certain families may be pushed mand the yeas and nays. be made permanent. This bill will into higher tax brackets. Fewer fami- The yeas and nays were ordered. make it permanent. It helps families lies will be eligible for the credit alto- The SPEAKER pro tempore. Pursu- who need help in adopting children, gether. This is important, because not ant to clause 8 of rule XX and the particularly those with special needs. only can adoptions be very, very expen- Chair’s prior announcement, further But I want to point out that this bill sive; as I mentioned earlier, it would proceedings on this motion will be removes the sunset that would take ef- mean that many families could not af- postponed. fect in the year 2010. So if this bill were ford adoptions. b 1700 not to be enacted into law this year, I I have a letter here that I will in- want people to understand that we are clude for the record, a statement of ad- GENERAL LEAVE not endangering the ability of families ministration policy strongly sup- Mr. CAMP. Mr. Speaker, I ask unani- to take advantage of the tax credit. porting this legislation, recognizing mous consent that all Members may There is no urgency as far as the expi- that adoption is a tremendously won- have 5 legislative days within which to ration of the tax credit itself is con- derful way to build families and to pro- revise and extend their remarks and in- cerned. vide loving homes for children in need. clude extraneous material on the sub- I do want to correct statements that This tax relief will help provide the ject of H.R. 1057, the bill just consid- I think were made by two of my col- financial relief families need. The ered.

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.131 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7381 The SPEAKER pro tempore (Mr. with survivors and refugees, has determined United States Permanent Representative to TERRY). Is there objection to the re- that genocide has occurred in Darfur, that it the United Nations to seek the immediate quest of the gentleman from Michigan? may still be occurring, and that both the suspension of Sudan from the United Nations There was no objection. Janjaweed and the Government of Sudan Commission on Human Rights and, in the bear responsibility for these acts; event a formal investigation results in a de- f Whereas the Secretary of State has deter- termination by the United Nations that CALLING FOR THE SUSPENSION mined that the attacks by the Government genocide has occurred in Darfur, the ulti- OF SUDAN’S MEMBERSHIP ON of Sudan and the Janjaweed on the non-Arab mate removal of Sudan from such Commis- THE UNITED NATIONS COMMIS- people of Darfur and their villages are based sion; and on race, not religion; Whereas it is a mockery of human rights SION ON HUMAN RIGHTS Whereas the United States has recently in- as a universal principle, a challenge to the Mr. SMITH of New Jersey. Mr. troduced a new resolution in the United Na- United Nations as an institution, and an af- Speaker, I move to suspend the rules tions Security Council that calls for the front to all responsible countries that em- and concur in the Senate concurrent Government of Sudan to cooperate fully with brace and promote human rights that a gov- resolution (S. Con. Res. 137) calling for an expanded African Union force and for a ernment under investigation by the United the suspension of Sudan’s membership cessation of Sudanese military flights over Nations for committing genocide against, Darfur; and violating the human rights of, its own on the United Nations Commission on Whereas the introduced resolution also citizens sits in judgment of others as a mem- Human Rights. provides for international overflights of the ber in good standing of the United Nations The Clerk read as follows: Darfur region to monitor the situation on Commission on Human Rights: Now, there- S. CON. RES. 137 the ground and requires the United Nations fore, be it Whereas in Darfur, Sudan, more than 30,000 Security Council to review the record of Resolved by the Senate (the House of Rep- innocent civilians have been murdered, more compliance of the Government of Sudan to resentatives concurring), That Congress— than 400 villages have been destroyed, more determine whether the United Nations (1) recognizes and approves of the findings than 130,000 men, women, and children have should impose sanctions on Sudan, including of the Secretary of State that genocide has been forced from their villages into neigh- sanctions affecting the petroleum sector in occurred and may still be occurring in boring countries, and more than 1,000,000 that country; Darfur, Sudan, and that the Government of people have been internally displaced; Whereas the resolution also urges the Gov- Sudan bears responsibility for such acts; Whereas the United States Government ernment of Sudan and the Sudanese People’s (2) supports the Secretary of State’s call has been, and remains as of September 2004, Liberation Movement to conclude negotia- for a full and unfettered investigation by the the largest contributor of assistance to the tions on a comprehensive peace accord and, United Nations into all violations of inter- people of Darfur, having provided over most important, calls for a United Nations national humanitarian law and human rights $200,000,000 in assistance, which constitutes investigation into all violations of inter- law that have occurred in Darfur, with a more than 70 percent of the total assistance national humanitarian law and human rights view to ensuring accountability; provided to that region; law that have occurred in Darfur in order to (3) supports the resolution introduced by Whereas the United States has pledged ensure accountability; the United States Government in the United $299,000,000 in humanitarian aid to Darfur Whereas the United Nations Security Nations Security Council on September 9, through fiscal year 2005, as well as $11,800,000 Council, in United Nations Security Council 2004, with regard to the situation in Darfur; in support of the African Union mission in Resolution 1556, emphasized that the Govern- (4) calls upon the Secretary of State and that region, and is likely to provide support ment of Sudan bears primary responsibility the United States Permanent Representative in excess of those pledges; for respecting human rights and protecting to the United Nations to take immediate Whereas United States citizens and private the people of Sudan; steps to pursue the establishment of a formal organizations, as well as the United States Whereas United Nations Security Council United Nations investigation, under Article Government, have admirably worked, at Resolution 1556 calls upon the Government VIII of the Genocide Convention, to deter- great risk and through great effort, to ease of Sudan to cooperate with the United Na- mine whether the actions of the Government suffering in Darfur, Sudan, and in eastern tions; of Sudan in Darfur constitute acts of geno- Chad; Whereas the United Nations Human Rights cide; Whereas based on credible reports, Con- Commission, established in 1946 and given (5) calls upon the Secretary of State and gress determined in late July 2004 that acts the responsibility of drafting the Universal the United States Permanent Representative of genocide were occurring in Darfur, Sudan, Declaration of Human Rights, is responsible to the United Nations to take immediate and that the Government of Sudan bears di- for promoting respect for and observance of, steps to pursue the immediate suspension of rect responsibility for many of those acts of human rights and fundamental freedoms for Sudan from the United Nations Commission genocide; all; on Human Rights; Whereas expressing its grave concern at Whereas the Universal Declaration of (6) calls upon the Secretary of State and the ongoing humanitarian crisis and wide- Human Rights declares that all human the United States Permanent Representative spread human rights violations in Darfur, in- beings are born free and equal in dignity and to the United Nations to take further steps cluding continued attacks on civilians that rights, that everyone is entitled to all the to ensure that the suspension of Sudan from place thousands of lives at risk, the United rights and freedoms set forth in the Declara- the United Nations Commission on Human Nations Security Council on July 30, 2004, tion regardless of race, color, sex, language, Rights remains in effect unless and until the unanimously adopted Security Council Reso- religion, political or other opinion, or na- Government of Sudan meets all of its obliga- lution 1556, which called upon the Govern- tional or social origin, property, birth, or tions, as determined by the United Nations ment of Sudan to fulfill immediately its ob- other status, that everyone has the right to Security Council, under United Nations Se- ligations to facilitate humanitarian relief ef- life, liberty and security of person, that no curity Council Resolution 1556 of July 30, forts, to take steps to disarm immediately one shall be held in slavery or servitude, and 2004, and any subsequent United Nations Se- the Janjaweed militias responsible for at- that no one shall be subjected to torture or curity Council resolutions regarding this tacks on civilians and bring the perpetrators to cruel, inhuman, or degrading treatment or matter; of such attacks to justice, and to cooperate punishment; (7) calls upon the Secretary of State and with independent United Nations-sponsored Whereas the Convention on the Prevention the United States Permanent Representative investigations of human rights violations; and Punishment of Genocide, done at Paris to the United Nations to take steps to ensure Whereas the Government of Sudan has on December 9, 1948 (hereafter in this resolu- that, in the event that the formal investiga- failed to take credible steps to comply with tion referred to as the ‘‘Genocide Conven- tion of acts of genocide in Sudan results in a the demands of the international community tion’’), delineates the criteria that con- determination by the United Nations that as expressed through the United Nations Se- stitute genocide and requires parties to pre- genocide has occurred or is occurring in curity Council; vent and punish genocide; Darfur, the United States Government takes Whereas according to press reports, reports Whereas Sudan is a state party to the appropriate actions to ensure that Sudan is from nongovernmental organizations, first- Genocide Convention and remains a member removed from the United Nations Human hand accounts from refugees, and other of the United Nations Commission on Human Rights Commission; sources, the Janjaweed attacks on the civil- Rights; (8) calls upon the member states of the ians of Darfur continue unabated as of Sep- Whereas the Secretary of State determined United Nations Commission on Human tember 2004; that, according to United States law, the Rights to convene an immediate special ses- Whereas there are credible reports from Government of Sudan is a state sponsor of sion to consider the urgent and acute human some of these same sources that the Govern- terrorism and has been since 1993 and there- rights situation in Sudan for the purpose of ment of Sudan is providing assistance to the fore remains ineligible for United States for- considering whether Sudan should be sus- Janjaweed militias and, in some cases, that eign assistance; pended from membership in such Commis- Government of Sudan forces have partici- Whereas due to the human rights situation sion; and pated directly in attacks on civilians; in Darfur, it would be consistent with United (9) expects the Secretary of State to report Whereas the United States Government, States obligations under the Genocide Con- to Congress on progress made toward taking after conducting more than 1,000 interviews vention for the Secretary of State and the the actions and accomplishing the objectives

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.138 H22PT1 H7382 CONGRESSIONAL RECORD — HOUSE September 22, 2004 outlined in this resolution not later than 60 have all been well documented. An es- occurred or is occurring in Darfur, the resolu- days after the date on which Congress agrees timated 50,000 people have been killed tion calls for the removal of Sudan from the to the resolution. and another 300,000 face imminent Human Rights Commission. Finally, the reso- The SPEAKER pro tempore. Pursu- death in the coming months. Over a lution calls upon the Member States of the ant to the rule, the gentleman from million have been displaced, and some Human Rights commission to convene an im- New Jersey (Mr. SMITH) and the gen- 200,000 others have been forced to flee mediate special session to consider suspen- tleman from New Jersey (Mr. PAYNE) to neighboring Chad. This atrocity sion of Sudan’s membership. each will control 20 minutes. must come to an end. This resolution The atrocities committed in Darfur have The Chair recognizes the gentleman again puts us on record in trying to been well documented. An estimated 50,000 from New Jersey (Mr. SMITH). mitigate and, hopefully, end this crisis. people have been killed, another 300,000 face (Mr. SMITH of New Jersey asked and Mr. Speaker, in April 2004, at the same time certain death in the coming months, over a was given permission to revise and ex- as world leaders were gathered in Kigali, million have been internally displaced and tend his remarks.) Rwanda to remember the Rwandan genocide some 200,000 others have been forced to flee Mr. SMITH of New Jersey. Mr. of 10 years earlier, a humanitarian cease-fire to neighboring Chad. Attacks show a system- Speaker, I yield myself such time as I was signed between the government of atic pattern and include murder, rape, gender- may consume. Sudan, the Sudan Liberation Movement/Army, based violence, and other scorched earth tac- In April of 2004, Mr. Speaker, at the and the Sudan Justice and Equality Movement tics. Despite the existence of a cease-fire, Afri- same time as world leaders were gath- to end the atrocities and reverse the humani- can Union monitors have confirmed govern- ered in Kigali, Rwanda, to remember tarian crisis in Darfur. The agreement was fa- ment support for and participation in attacks the Rwandan genocide of 10 years ear- cilitated by the United States Government, the against civilians in Darfur as recently as Au- lier, a humanitarian cease-fire was European Union, the African Union, and the gust 26, 2004. Human Rights Watch reports signed between the government of United Nations. All parties agreed to take im- that the Sudanese Government has allowed Sudan, the Sudan Liberation Move- mediate steps to stop the violence and atroc- the Janjaweed to maintain military camps in all ment/Army, and the Sudan Justice and ities being perpetrated by the Janjaweed mili- Darfur states—several of which they share Equality Movement to end the atroc- tias. with the Sudanese Army—and that many ities and reverse the humanitarian cri- Sadly, the agreement wasn’t worth the Janjaweed have been incorporated into the sis in Darfur. The agreement was facili- paper it was written on and the violence con- army or police. tated by the U.S., European Union, the tinued. The U.N. Humanitarian Coordinator for On July 22, 2004 the House voted unani- African Union and the United Nations. Sudan later said, ‘‘The only difference be- mously to declare that the atrocities in Sudan All parties agreed to take immediate tween Rwanda and Darfur now is the numbers constituted genocide. On September 9, 2004, steps to stop the violence and atroc- involved.’’ President Bush affirmed this conclu- the State Department followed suit, releasing ities being perpetrated by the sion on September 9 by declaring, ‘‘The a report which outlines these atrocities and Janjaweed militias. United States is appalled by the violence in concludes that the Sudanese Government has Sadly, the agreement was not worth Darfur, Sudan . . . The world cannot ignore ‘‘promoted systematic killings based on race the paper it was written on, and the vi- the suffering of more than one million people.’’ and ethnic origin,’’ and that these acts con- olence continued. The U.N. Humani- Despite the best efforts by the United States stitute genocide. tarian Coordinator for Sudan later Government, including the extraordinary ef- It is unconscionable that a government said, ‘‘The only difference between forts of Ambassador Williamson, Sudan was which has perpetrated genocide would be wel- Rwanda and Darfur now is the numbers given nothing more than a half-hearted slap come to sit on the U.N. Commission on involved.’’ President Bush confirmed on the wrist during the 60th Session of the Human Rights—the very body charged with this conclusion on September 9 by de- U.N. Commission on Human Rights, which the protection of human rights around the claring ‘‘The United States is appalled concluded its work in May. I was there in Ge- globe. Sudan should be in the dock—being by the violence in Darfur, Sudan. The neva and was appalled when Sudan was re- held accountable for crimes against humanity. world cannot ignore the suffering of elected to serve on the Commission for an- Sudan’s flagrant disregard for the principles more than 1 million people.’’ other two years. The hyprocacy of the election enshrined in the Universal Declaration of Mr. Speaker, despite the best efforts of Sudan—one of the worst violators of human Human Rights makes a mockery of the of the U.S. Government, including the rights on the planet—to serve on the U.N. Human Rights Commission’s work, and tan- extraordinary efforts of Ambassador Commission for Human Rights should not gibly undermines that work. Its continued pres- Williamson at the U.N. Conference in been lost on anyone. It is utterly outrageous. ence on that Commission degrades the United Geneva, and I was there and I saw it up Sudan uses its clout on the Human Rights Nations system as a whole. close and personal, he did an extraor- Panel to thwart scrutiny of its policies and to The preamble to the Universal Declaration dinary job; Sudan was given nothing water down resolutions of condemnation. of Human Rights places great importance on more than a half-hearted slap on the Sudan uses its seat on the Committee to net- each member country having a common un- wrist during the sixtieth session of the work and collude with other rogue nations to derstanding of human rights and freedoms. U.S. Commission on Human Rights run interference for dictatorships. One must wonder if the Government of which concluded its work in May. Like Mr. Speaker, this is the third time in the past Sudan, which has demonstrated such a fla- I said, I was there in Geneva, and I was 4 months that this House has considered res- grant disregard for these principles, has ever appalled when Sudan was reelected to olutions which have shed light on the crisis in read that document. If they have, surely they serve on the commission for another 2 the Darfur region. The first resolution, House have not taken it to heart. years. The hypocrisy of the election of Concurrent Resolution 403, condemned the Mr. Speaker, I welcome the recent adoption Sudan, one of the worst violators of Government of Sudan for its attacks against of United Nations Security Council Resolution human rights on the planet, to serve on civilians in Darfur. The second, House Concur- 1565, which establishes the International the U.N. Commission For Human rent Resolution 467, declared that the atroc- Commission of Inquiry called for by both this Rights should not be lost on anyone. It ities taking place in Darfur constitute genocide. body and by President Bush. But in light of the is utterly outrageous. This declaration of genocide was affirmed by evidence already before us, I believe it would Sudan now, as it has in the past, uses President Bush and Secretary of State Powell. be extraordinarily difficult to make an argu- its clout on the Human Rights Panel to Senate Concurrent Resolution 137, which lies ment against suspending Sudan’s membership thwart scrutiny of its policies and to before you now, represents a logical next from the U.N. Commission on Human Rights. water down resolutions of condemna- step. This resolution is timely, it is logical, and I tion. Sudan uses its seat on the com- Senate Concurrent Resolution 137 endorses urge your support. mittee to network and to collude with the Secretary of State’s call for an investiga- Mr. SMITH of New Jersey. Mr. other rogue nations to run interference tion into violations of international humani- Speaker, I ask unanimous consent that for the dictatorships. And again, I saw tarian law and human rights law that have oc- the gentleman from New York (Mr. that firsthand as they were walking curred in Darfur, and calls for Sudan’s suspen- MCHUGH) control the remaining time the halls in Geneva and working the sion from the Commission on Human Rights on our side. room to try to water down resolutions. until that investigation has been completed. The SPEAKER pro tempore. Is there Finally, let me just say, Mr. Speaker, Should the investigation lead to a determina- objection to the request of the gen- the atrocities committed in Darfur tion by the United Nations that genocide has tleman from New Jersey?

VerDate Aug 04 2004 04:24 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.045 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7383 There was no objection. bers took a historic step in passing a and over 1 million driven off their Mr. SMITH of New Jersey. Mr. resolution declaring that genocide is lands into unprotected camps, we can- Speaker, I reserve the balance of my occurring in Darfur. The Congress has not allow Khartoum to degrade the time. never declared genocide while it was purposes of the Human Rights Commis- Mr. PAYNE. Mr. Speaker, I rise in occurring. So this was a giant step for- sion by its presence. It is incumbent strong support of this resolution, and I ward. that the United States Government yield myself such time as I may con- Finally, the administration came to continue to lead the world on this mat- sume. the same conclusion following its own ter of genocide and do everything pos- Mr. Speaker, I would first like to independent investigation, that the Su- sible to have Sudan suspended from the commend our colleagues in the Senate danese government was sponsoring Commission. for passing this critically important genocide by the Janjaweed militia The African Union should be recog- resolution. The passage was in the spir- against the ethnic Africans in Darfur. nized for what they are doing in send- it of a bipartisan, bicameral coalition This past Saturday, the U.N. Secu- ing 300 monitors to Darfur, but this is that has worked together over the last rity Council approved a U.S.-sponsored definitely not enough. The AU has been few years and few months, in par- resolution asking U.N. Secretary Kofi sponsoring negotiations between the ticular, on the problem in Darfur, to Annan to set up an investigative com- parties in Abuja, Nigeria, since August bring peace and justice there. I commission. This Commission would deter- 23. The combination of international mend the gentleman from New Jersey mine whether the violence in Darfur pressure and facilitation by the AU (Mr. SMITH) on his statement and all of amounts to genocide. The resolution hopefully will help move Darfur out of those who have worked so diligently, also threatens oil and other targeted this crisis and on to the road of peace. including the gentleman from Colorado sanctions against Sudan if atrocities Mr. Speaker, I commend Secretary of (Mr. TANCREDO), the gentleman from continue in Darfur. State Colin Powell for finally calling Virginia (Mr. WOLF), the gentleman We were disappointed by the weak the Darfur genocide by its rightful from Maryland (Mr. CUMMINGS) of the nature of this resolution and for its name. I also want to say that we must, Black Caucus, who have all come to- limited effects. The reaction from as Secretary Powell has stated, support gether to support the terrible actions Khartoum that ‘‘it could have been a the AU. It is our responsibility as of the government of Sudan. lot worse’’ shows us how far we are members of the international commu- Mr. Speaker, this past May, the from a strong resolution on Darfur. nity and the United States in par- United Nations Economic and Social While it passed by 11 votes, I must ex- ticular, as the world’s wealthiest Na- Council voted on candidate states for press extreme disappointment with tion, to work along with the African 14 open seats on the Human Rights China, Algeria, Russia and Pakistan, Union and not leave the formidable the four nations that abstained from Commission, the monitoring watchdog Darfur crisis to fall on their shoulders supporting this resolution. As a matter of the United Nations. To the dismay alone. They need our support. of the international community, Sudan of fact, China had declared that it may So, therefore, I would like to also was nominated from the Africa group. veto it, and therefore, the resolution urge all of our colleagues in the House Just one month later, the commis- was really diluted, and they still ab- to support H.R. 5061, introduced by the sion censured Sudan over its severe stained. gentleman from Colorado (Mr. We, as the United States, need to human rights violations in the coun- TANCREDO) and myself to provide as- rethink our relationships with these try’s western Darfur region. Sudan was sistance for the current crisis in the nations. One suggestion could be that charged with systematically destroy- we revoke Normal Trade Relations sta- Darfur region of Sudan and to facili- ing whole villages, executing civilians, tus with the People’s Republic of tate a comprehensive peace plan in raping women and displacing hundreds China. How would they like it if we Sudan. I urge my colleagues to support of thousands of people. I went to that said, no longer do you have normal S. Con. Res. 137. region, to Chad and went 30 miles from Mr. Speaker, I reserve the balance of trade relations or, as we used to call it, the border of Sudan and talked to the my time. preferential treatment. I think it refugees there and heard firsthand the would perhaps make them sit up and GENERAL LEAVE horrible stories that they told us about listen. Mr. MCHUGH. Mr. Speaker, I ask rapes and beatings of children, boys Pakistan, called a friend by the ad- unanimous consent that all Members being forced into huts and the huts ministration for its partnership in the may have 5 legislative days within being burned, just horrible, horrible war on terrorism, is promoting the ter- which to revise and extend their re- stories. rorist government of Sudan by abstain- marks and include extraneous material Mr. Speaker, this is the same governing on the vote. In a statement today, on the Senate concurrent resolution ment that gave sanctuary to Osama Khartoum called these nations its now under consideration. bin Laden from 1991 to 1996, allowing ‘‘true friends.’’ The SPEAKER pro tempore. Is there him to build his terror network world- While the government of Sudan objection to the request of the gen- wide. In fact, I would argue that al grudgingly accepted the resolution, as tleman from New York? Qaeda was conceived and created in we speak its surrogate militias con- There was no objection. Sudan in the early 1990s. Other ter- tinue their gruesome assault on inno- Mr. MCHUGH. Mr. Speaker, it is my rorist acts also link current officials cent men, women, and children in honor now to yield such time as he directly to a number of the terrorist Darfur. Further, in response for calls may consume to the gentleman from acts, and they still sit in the govern- to international civilian protection Virginia (Mr. WOLF), a gentleman who ment of Sudan. forces, Khartoum’s leaders threatened is certainly no stranger to humani- Mr. Speaker, in the north-south con- to open the ‘‘five gates of hell’’ against tarian causes and who has traveled the flict, more than 2 million people per- such protection. world over in support of the oppressed ished, and an estimated 5 million peo- In a cynical attempt to pretend it wherever they may be found and no ple have been displaced over the last has taken action to protect its civil- stranger to this region and the good decade. It is the same government that ians, Khartoum has recycled Janjaweed people of this Congress. terrorized, enslaved and killed inno- militia killers to the Sudan police (Mr. WOLF asked and was given percent civilians in southern Sudan and force and is now using them to guard mission to revise and extend his re- the Nuba that is now yet again engaged the camps for the displaced. marks.) in the terror campaign that we see in Mr. Speaker, how can we expect kill- Mr. WOLF. Mr. Speaker, I thank the Darfur in western Sudan. We cannot ers to protect those who they seek to gentleman for yielding me this time, stand idly by, silent and allow Sudan a kill? It is an unconceivable notion. and I thank the gentleman from New seat on that body while it is respon- How can we stand by and allow this Jersey (Mr. PAYNE) for his faithfulness sible for the ongoing genocide against murderous regime to sit on the U.N. and his leadership on this issue. I share the people of Darfur. Human Rights Commission? his statement, and I am a supporter of Before the House and Senate ad- Mr. Speaker, with more than as his bill and the gentleman from Colo- journed for summer recess, both cham- many as 50,000 civilians slaughtered rado (Mr. TANCREDO), and I urge all

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.141 H22PT1 H7384 CONGRESSIONAL RECORD — HOUSE September 22, 2004 Members on both sides to cosponsor his est. But Kofi Annan was the head of Mr. Speaker, inaction in the face of bill. the U.N. Peacekeeping Forces in 1994 genocide must not be an option. The Mr. Speaker, I rise in strong support when the genocide swept through international community and the of S. Con. Res. 137 calling for the sus- Rwanda and 800,000 Tutsis died. The United States must be prepared to act pension of Sudan’s membership on the fact that he was in at that time when to end the armed conflict at the heart United Nations Commission on Human genocide took place in Rwanda and is of this crisis. Regrettably, the U.N.’s Rights. I want to commend Majority now the head of the whole organization record of responding to crises of this Leader FRIST and the gentleman from when genocide is taking place in type and magnitude, notably in Rwan- Illinois (Speaker HASTERT) for moving Darfur gives him a tremendous burden da and the Balkans, has been shameful, this important resolution very quickly and responsibility and that responsi- shameful. The United Nations talks through the Congress, and also the gen- bility is to immediately seek the sus- about it, but it does not walk. The tleman from Illinois (Mr. HYDE) and pension of Sudan from the Commission United Nations rings its hands but does the gentleman from California (Mr. of Human Rights. It is a slap in the not raise its hands to stop the killing. LANTOS). face to the pursuit of universal human I watched with grief as the United On September 9, Secretary of State rights and a direct affront to the Nations blue helmets were on the Colin Powell declared that genocide is United Nations and all countries which ground in Bosnia, watching genocide be occurring in Darfur, and we all owe respect the God-given rights of their perpetrated, and they did nothing to Secretary Powell a debt of gratitude, citizens to have Sudan sit in judgment stop it. We watched as the world, our- because that took a tremendous of others as a member of that commis- selves included, lamented what was amount of courage, and he did it. sion. happening in Rwanda and 800,000 de- Sudan is accused of the most heinous I urge every Member to vote in favor fenseless, innocent souls perished be- crime which can be inflicted on an en- of this resolution. I thank the chair- cause the mighty stood by and tire group of people. The gravity of man. I want to particularly thank the watched. History will not judge us well what is occurring must not be lost on gentleman from New Jersey (Mr. for that negligence. anyone, not the United States, not the PAYNE). He has been there from the Did the slaughter of hundreds of international community and certainly very, very beginning as many others thousands 10 years ago not teach us not the United Nations. have, the Black Caucus has, the gen- anything? Does the painful memory of On July 30, the United Nations Secu- tleman from Colorado (Mr. TANCREDO), our inaction then not compel a dif- rity Council unanimously adopted Se- Senator BROWNBACK, Senator FRIST ferent response today? The answer is curity Council Resolution 1556, calling and many others. I think eventually we muted at best. on the government of Sudan to fulfill will be successful, but I want to thank We pass resolutions in this body. We immediately its obligation to facilitate the gentleman. talk in New York and people die. We Mr. PAYNE. Mr. Speaker, let me humanitarian relief efforts and disarm continue to talk in New York and peo- thank the gentleman who has really the Janjaweed militia, bring those re- ple are displaced. We continue to talk done an outstanding job in this area for sponsible for atrocities in Darfur to in New York and women are raped. We a decade, and I certainly would like to justice and to cooperate with U.N.- continue to talk in New York and chil- associate myself with his remarks. dren starve. Talk is cheap. Talk does sponsored human rights monitors. Mr. Speaker, I yield such time as he not stop killing. Talk does not stop To date, the government of Sudan may consume to the gentleman from has failed, has failed to comply with genocide. Maryland (Mr. HOYER). that U.N. resolution. Mr. HOYER. Mr. Speaker, I thank It is time for the world to act. This The Janjaweed is still attacking in- my friend, the gentleman from New resolution by itself will not diffuse the crisis or stop the bloodshed, but it is nocent civilians with support from the Jersey (Mr. PAYNE), for yielding me government of Sudan, and as recently time. nevertheless a siren call to the world as late August, credible reports point I want to join the gentleman from that we can no longer ignore the geno- to direct attacks on villages by the Virginia (Mr. WOLF) and the gentleman cide, we can no longer rationalize those government of Sudan. Just last week, from New York (Mr. MCHUGH) and oth- who commit it. We ought not to treat the U.N. Security Council passed a new ers in congratulating the gentleman as citizens of the world and the United resolution, as the gentleman from New from New Jersey (Mr. PAYNE) for his Nations nations who commit genocide. Jersey said, stating that the govern- leadership, his tenacious, unwavering This resolution is an explicit recogni- ment has failed to meet the require- leadership on this issue, calling the tion that is not only a perverse, but a ments under the previous resolution Congress’s attention, calling America’s grotesque, situation that Sudan is al- and calling on Sudan to cease attacks attention, indeed, focusing the inter- lowed to retain its membership on the and cooperate fully with the expanded national community’s attention on the United Nations Commission on Human African Union force or face economic genocide that is occurring before our Rights. What kind of world do we live sanctions. eyes. in where the perpetrator of genocide is It may come as a surprise to some Mr. Speaker, the international com- included on the nations of the world’s that Sudan, the country that is community can no longer avert its eyes Commission on Human Rights? Is there mitting genocide, the country that is from the humanitarian and human no intellectual honesty in the inter- allowing people to go on to kill men, rights catastrophe that is occurring in national community? rape women, abduct children and burn the Darfur region of Sudan today. Sec- This resolution would urge our Na- villages, sits on the United Nations retary of State Powell has labeled the tion’s representatives at the U.N. to Human Rights Commission, the lone killings in Darfur as genocide, pointing seek the immediate suspension of body responsible for promoting respect out that the attacks on innocent men, Sudan from the commission. I would go for and observance of human rights and women, and children by the Sudanese further than that. I would suggest the fundamental freedoms. government and the Arab militia group immediate suspension of Sudan from called the Janjaweed are part of a ‘‘co- membership in the United Nations b 1715 ordinated effort, not just random vio- until this genocide stops. But this reso- I call on the United Nations to seek lence.’’ This is an intentional, consid- lution is appropriate. It is not enough, the immediate suspension of Sudan ered act of murder. but it is a step; and I support it. from the United Nations Commission The United Nations calls the situa- I thank my friend from New Jersey on Human Rights. And if the United tion the ‘‘world’s worst humanitarian (Mr. PAYNE) for his leadership and for Nations determines that genocide has crisis.’’ An estimated 30,000 civilians his yielding me time. occurred in Darfur, to see that Sudan have been murdered. More than 400 vil- Mr. MCHUGH. Mr. Speaker, I yield is permanently banned from the com- lages have been destroyed. One million such time as he may consume to the mission. This is a test for the United people have been displaced, and 130,000 gentleman from Alabama (Mr. BACHUS) Nations. More importantly in some re- have fled to neighboring Chad. And who also has a great interest in this spects, this is a test for Kofi Annan. still, and still the international com- resolution and is a member of this Kofi Annan is a good man, decent, hon- munity stands on the sidelines. cause.

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.143 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7385 (Mr. BACHUS asked and was given no justification. There is no, there are tect the refugee camps. But all of this permission to revise and extend his re- simply no grounds for what is hap- time, they have not gone after the marks, and include extraneous mate- pening in Western Sudan today. Arab militia. rial.) It follows a pattern. And the Suda- They have not controlled them. They Mr. BACHUS. Mr. Speaker, I thank nese government says we cannot con- are continuing to arm them, and they the gentleman for yielding me time. trol these Arab militia, Janjaweed. We go out in the villages and destroy vil- I too want to commend the gen- cannot control them. They say this is a lages, this month, last month. And tleman from New Jersey (Mr. PAYNE). historic thing between nomadic Arab their design is to never let these people As the gentleman knows, I have been a tribesmen and black farmers, and it is return home, never to let them go member of this Congress since 1992; and just something that has gone on for home, to allow them to stay in these it seems like ever since I have been a hundreds of years. refugee camps, a permanently dis- member of this Congress, we have been What has gone on for hundreds of placed population of millions of people, hearing about Sudan. We first heard years is they have lived peacefully to- and let international forces feed those about Sudan when the Secretary of gether for hundreds of years. What is people. That simply will not do. State declared Sudan a state sponsor of going on today is not an Arab militia Those people need to return to their terrorism and determined that they out of control. It is, in fact, the govern- villages. They need to be protected. had been since 1993. ment of Khartoum. These Arab militia and their leaders We may recall that Osama bin Laden, Thirteen hundred survivors were need to be brought to justice, and we who many of us were unaware of who interviewed, and 25 percent of them can at least start this process. he was and what he was until 9/11, but said it was not Arab militia. It was The last time we voted sanctions on he in fact had his base of operations in government bombers and aircraft and Sudan, 3 years ago and a million deaths Sudan. He was sponsored by the gov- helicopters who flew over our villages, ago, two Members of this body voted ernment of Khartoum. It is the same strafed our villages, killed our people. against it. Today, I hope, as God is our Sudan that we are here today talking It was not Arab militia because the witness, that this is a unanimous vote about. The gentleman from New Jersey Arab militia did not have aircraft. and that it is not the end of things, it (Mr. PAYNE), the gentleman from Vir- They did not have helicopters. This is only the beginning of things. ginia (Mr. WOLF), Senator BROWNBACK, was the government of Khartoum. I second everything that the gen- many have traveled to Sudan. We have Of those interviewed, half of the sur- tleman from Maryland (Mr. HOYER) and talked to refugees. We have talked to vivors say that government troops par- the gentleman from Virginia (Mr. survivors from Southern Sudan, people ticipated in these raids and in these at- WOLF) said about the United Nations. who have witnessed their families tacks. Read, if you will, what some of This is genocide in every sense of the being killed. these refugees said. Here is what one word. It is ethnic cleansing in every At that time we suspected that reli- said. He said, ‘‘Slaves run. Leave the sense of the word. And for it to be per- gion may be the root cause because country. You don’t belong here. Why mitted, sanctioned by the United Na- many of those in Southern Sudan were are you not leaving this area? This tions is a travesty and an atrocity in Christians. The Khartoum government area is for Arab cattle to go graze, not and of itself. was a Muslim government. All was a yours.’’ Analysis of the refugee interviews points factor. But whatever the factors, we A Sudanese tribesman was told by a to a pattern of abuse against members of spoke out and as this House sponsored man in a brown uniform and a hundred Darfur’s non-Arab communities, including a sanction, a similar sanction to what of his followers, ‘‘This place belongs to murder, rape, beatings, ethnic humiliation, the U.N. is considering now against the Arab tribes. Blacks must leave.’’ and destruction of property and basic neces- oil. The Sudanese government duly Look, if you will. I would ask every sities. Many of the reports detailing attacks on villages refer to government and militia pulled back at that time, and we passed Member to read ‘‘Documenting Atroc- with only two dissenting votes. It was forces, preceded by aerial bombardment, act- ities in Darfur.’’ It is only five pages ing together to commit atrocities. Respond- a strong sanction. It went over to the long. ents said government and militia forces wore Senate, and it died there. b 1730 khaki or brown military uniforms. Roughly Since that time, the one difference in one-half of the respondents noted GOS forces the sanctions that are being considered First, the government aircraft comes had joined Jingaweit irregulars in attacking now and the sanctions that were being in and strafes the village, and then the their villages. Approximately one-quarter of considered then is that 2 million Suda- Janjaweed or government soldiers the respondents said GOS forces had acted nese have died. Action is too late for come in. They burn the village. They alone; another 14 percent said the Jingaweit them. Their bones have long since been kill the livestock, they drop them has acted alone. Two-thirds of the respond- down the wells to poison the wells, but ents reported aerial bombings against their buried in Sudan where there are too villages; four-fifths said they had witnessed many graves. then they began shouting racial epi- the complete destruction of their villages. This latest action by Sudan, and all thets at the survivors. They rape Sixty-one percent reported witnessing the this time they were members of a se- women in front of their husbands and killing of a family member. About one-third lect group, the United Nations Com- children. They kill any young man of the respondents reported hearing racial mission on Human Rights, a country that is of military age between the epithets while under attack; one-quarter wit- where we have witnessed the worst ages of 18 and 25 and then they drive nessed beatings. Large numbers reported the human rights violations and the worst the rest off. looting of personal property (47 percent) and humanitarian violations known to the Today, as a result of all this, what do the theft of livestock (80 percent). Most reports followed a similar pattern: world, has sat this entire time on the we find? We find that 1.25 million Suda- 1. GOS aircraft or helicopters bomb vil- U.N. body that is designed to take ac- nese are living in refugee camps. Those lages. tion against. What a travesty. What an are the fortunate ones that have sur- 2. GOS soldiers arrive in trucks, followed embarrassment. What a blight on our vived, but they are not fortunate by closely by Jingaweit militia riding horses or international community and on the any other terms because they are at camels. U.N. this time permanently displaced. 3. GOS soldiers and militia surround and This resolution is a start; but, I Let me say this. This is what we then enter villages, under cover of gunfire. would say, and the gentleman from should always be mindful of. We need a 4. Fleeing villagers are targets in aerial bombing. Virginia (Mr. WOLF) and I had thought permanent solution. What the Suda- 5. The Jingaweit and GOS soldiers loot the maybe he might do it today, he intro- nese Government has done is, they village after most citizens have fled, often duced back on September 9 ‘‘Docu- have allowed humanitarian aid to come using trucks to remove belongings. menting Atrocities in Darfur.’’ And in on occasion to feed these people in 6. Villages often experience multiple at- what we are now witnessing in Western these refugee camps. They have talked tacks over a prolonged period before they are Sudan, for a while in Southern Sudan to some of the leaders of the opposi- destroyed by burning or bombing. it was hidden, and there were expla- tion. They have engaged in talks, and Mr. PAYNE. I thank the gentleman nations given by the Sudanese govern- they have allowed government troops from Alabama for his very passionate ment. There is no explanation. There is from other areas to come in and pro- remarks and all of his support for

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.146 H22PT1 H7386 CONGRESSIONAL RECORD — HOUSE September 22, 2004 many years, even in the capital market tively committing atrocities in Darfur. However, in no way exceeds the dire cir- sanctions. I really commend him for the Sudanese government continues to deny cumstances in which the Sudan, the that. any connection to the atrocities carried out by Darfur region, finds itself. Mr. Speaker, I yield 11⁄2 minutes to the Janjaweed and simultaneously, has done Mr. LANGEVIN. Mr. Speaker, as a member the gentleman from New York (Mr. little to stop them. By insisting that no geno- of the Congressional Human Rights Caucus, I MEEKS). cide is taking place and repeatedly denying am pleased to support the resolution before us (Mr. MEEKS of New York asked and any responsibility for protecting their own peo- today and to add my voice to those speaking was given permission to revise and ex- ple, the Sudanese government has dem- out against the brutality the world is witnessing tend his remarks.) onstrated that it is not fit to serve on the in Sudan. This Congress has repeatedly con- Mr. MEEKS of New York. Mr. Speak- United Nations Human Rights Commission. demned both the atrocities committed by the er, let me just say thanks to the gen- What is needed now is action from the inter- Janjaweed militia and the Sudanese govern- tleman from New Jersey (Mr. PAYNE), national community. First, Sudan’s member- ment’s insufficient response to such horren- to the gentleman from Virginia (Mr. ship on the United Nations Human Rights dous acts. Since violence began in the Darfur WOLF) and the gentleman from New Commission must be suspended. The uni- region in February 2003, tens of thousands of York (Mr. MCHUGH) for the fine work versal declaration on human rights states that, people have been killed and more than a mil- that they have done in bringing this ‘‘everyone has the right to life, liberty and se- lion have been displaced from their homes. resolution to the floor. curity of person’’ and that no ‘‘state, group or Sadly, despite repeated calls from the inter- We are here to speak about, why is it person has any right to engage in any activity national community, the Sudanese govern- that the world is not doing more to or to perform any act aimed at the destruction ment has not reined in the militia groups, and stop the Sudanese Government troops of any of the rights and freedoms.’’ The Suda- the killing continues. The World Health Organi- and their allied military, the nese government, through its involvement in zation now estimates that between 6,000 and Janjaweed? Together, they have raped, perpetrating the genocide in Darfur, and its in- 10,000 are dying every month from violence tortured, maimed and burned entire action in doing anything to resolve the human- and disease. villages to cleanse the area of African It is unfortunate that we must again come to Muslims resulting in close to 50,000 itarian crisis, is in violation of the basic principles of the United Nations Human Rights the floor to express our collective outrage deaths. about the situation in Sudan. I was pleased Another 1.5 million persons have Commission. It, therefore, cannot remain a member. that the U.N. Security Council adopted a reso- been forced from their homes into lution last week that establishes an inquiry into camps where they remain vulnerable to Second, the international community must offer increased support to the African Union, the violence in the Darfur region to determine attacks by the Janjaweed, who are whether it constitutes genocide. The resolution among the police guarding the camps. which has been a leader in attempting to resolve the conflict in Sudan. In addition to lead- also threatens sanctions against Sudan, a tool The world cannot continue to condone we must seriously consider if we do not wit- this genocide. ing peace talks, the African Union has led a small contingency of troops to Darfur to mon- ness rapid improvements. However, the strong We can also not continue to condone sentiments expressed in the U.N. Security the presence of human rights abusers itor the cease-fire and serve as observers. The African Union must be congratulated on Council Resolution are undermined by the fact on a commission that is charged with that Sudan still holds a seat on the U.N. protecting human rights because it is these efforts. Additionally, support for their ef- Human Rights Commission—even while its ridiculous and unconscionable to think forts must be increased. It is essential that the government betrays the very principles on that the very perpetrator of a genocide African Union’s force be enlarged and allotted which the Commission was founded. The res- could also be the enforcer of human a robust mandate to protect Darfur’s civilians olution before us today is a clear condemna- rights. But that is exactly what is hap- from new attacks. tion of this glaring inconsistency and will place pening by allowing Sudan to continue We can no longer sit on the sidelines and greater pressure on the Sudanese government to serve on the United Nations Human pretend that nothing is going on while the Su- to act responsibly and protect its citizens from Rights Commission. danese government commits crime after crime That is why I stand behind this bill against humanity. Murder, rape, forced dis- harm. I urge my colleagues to support S. Con. to suspend the Sudan from the U.N. placement—these are clearly not the tools of Res 137. Mr. McHUGH. Mr. Speaker, I yield Commission on Human Rights and for human rights supporters. That is why I stand behind this bill to suspend Sudan from the back the balance of my time. the U.N. to launch a formal inquiry The SPEAKER pro tempore (Mr. into its acts of genocide in Sudan. U.N. Commission on Human Rights and for TERRY). The question is on the motion Let us hope the world will begin to the U.N. to launch a formal inquiry into the offered by the gentleman from New work harder to end the atrocities by, acts of genocide in Sudan. Jersey (Mr. SMITH) that the House sus- first, suspending Sudan from a commis- Mr. PAYNE. Mr. Speaker, I have no pend the rules and concur in the Sen- sion it fails to respect, and second, by further requests for time, and I yield ate Concurrent Resolution, S. Con. standing behind the efforts of the Afri- back the balance of my time. Mr. MCHUGH. Mr. Speaker, I yield Res. 137. can Union to stop these atrocities. The question was taken; and (two- We are here today to simply speak about myself such time as I may consume. thirds having voted in favor thereof) why it is that the world is not doing more to Very briefly, I thank all of the Mem- the rules were suspended and the Sen- stop Sudanese government troops and their bers on both sides, certainly the gen- ate concurrent resolution was con- allied militia, the Janjaweed. Together they tleman from New Jersey (Mr. PAYNE). curred in. have raped, tortured, maimed, and burned en- And my compliments to the gentleman from New Jersey for his leadership not A motion to reconsider was laid on tire villages to cleanse African Muslims from the table. the area—resulting in close to 50,000 deaths. only on this issue but on so many in- Another 1.5 million persons have been forced volving human rights. And the gen- f from their homes and into camps, where they tleman from Maryland (Mr. HOYER), CONDEMNING TERRORIST ATTACK remain vulnerable to attacks by the my colleague, the gentleman from New IN JAKARTA, INDONESIA, ON Janjaweed, who have been hired as police to York (Mr. MEEKS), of course, and my SEPTEMBER 9, 2004 guard the camps. The world cannot continue two colleagues on our side of the aisle, Mr. MCHUGH. Mr. Speaker, I move to to condone this genocide. the gentleman from Virginia (Mr. suspend the rules and agree to the reso- We can also not continue to condone the WOLF) and the gentleman from Ala- lution (H. Res. 767) condemning the ter- presence of human rights abusers on a Com- bama (Mr. BACHUS) have summed up rorist attack in Jakarta, Indonesia, mission that is charged with protecting Human the horror of this situation and the in- that occurred on September 9, 2004, as Rights. It is simply unconscionable to think credible circumstances which surround amended. that the very perpetrators of genocide could it. The Clerk read as follows: also be the enforcers of human rights. But that I join with the gentleman from Ala- H. RES. 767 bama’s (Mr. BACHUS) closing comments is exactly what is happening by allowing Whereas on September 9, 2004, terrorists Sudan to continue to serve on the United Na- that certainly all of us hope and pray attacked hundreds of innocent civilians, kill- tions Human Rights Commission. that we will have resounding support ing at least nine bystanders, in front of the Numerous reports provide evidence of the for this very necessary, unfortunately Australian Embassy in Jakarta, Indonesia; Sudanese government’s involvement in ac- very necessary resolution, and one that and

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.148 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7387 Whereas terrorism must be condemned in threats to their countries and the re- lesce with our allies and offer a mutual the strongest terms whenever and wherever gion and are confident they will bring understanding of the pain of the war on it occurs: Now, therefore, be it the perpetrators of this brutal attack terror as it impacts the innocent and Resolved, That the House of Representa- tives— to justice. the uninvolved. (1) condemns in the strongest possible Mr. Speaker I would urge support for I rise today to support H. Res. 767, terms the terrorist attack in Jakarta, Indo- the resolution. condemning the terrorist attack in Ja- nesia, that occurred on September 9, 2004; Mr. Speaker, I reserve the balance of karta, Indonesia, that occurred Sep- (2) expresses its deepest condolences to the my time. tember 9, 2004. Indonesia obviously is families of the individuals murdered in the Mr. MEEKS of New York. Mr. Speak- not a stranger to terrorist acts, and it terrorist attack, expresses its sympathies to er, I yield myself such time as I may was just a few short years ago when the individuals injured in the attack, and consume, and I rise in strong support they lost hundreds of lives in the ter- conveys its hope for the rapid and complete of this resolution. recovery of all surviving victims; and rorist act on one of their local night- (3) urges the United States, Indonesia, Aus- Mr. Speaker, I would first like to clubs, an entertainment center where tralia, and all other countries to stand commend our colleague, the gentleman many tourists found their way. united against terrorism and to work to- from Indiana (Mr. BURTON), for intro- This is an attack on Australia and gether to bring to justice the perpetrators of ducing this timely and important reso- the coalition to stand up against ter- the terrorist attack in Jakarta, Indonesia. lution, along with the gentleman from rorism. It is tragic to note that even The SPEAKER pro tempore. Pursu- Florida (Mr. WEXLER), who serves as innocent individuals can face a life of ant to the rule, the gentleman from cochair of the Indonesia Caucus along terror because they are victims. New York (Mr. MCHUGH) and the gen- with the gentleman from Indiana (Mr. So I rise to say that there should not tleman from New York (Mr. MEEKS) BURTON). be one time when our Nation’s allies each will control 20 minutes. The resolution before the House con- and friends, those who fight their own The Chair recognizes the gentleman demns the September 9 terrorist attack individual wars on terror, do not re- from New York (Mr. MCHUGH). outside the Australian embassy in Ja- ceive the sympathy of the American GENERAL LEAVE karta, Indonesia. Nine Indonesians lost people. Mr. MCHUGH. Mr. Speaker, I ask their lives in this brutal attack, and al- Mr. Speaker, I am reminded of 9/11. I unanimous consent that all Members most 200 people were injured. traveled after that. It was so over- may have 5 legislative days within This latest attack by Jemaah whelming to hear from all over the which to revise and extend their re- Islamiah sadly confirms Indonesia’s world, no matter what region people marks and include extraneous material status as a frontline state in the global lived in, to offer to the United States on H. Res. 767, the resolution under battle against terrorism. Over 200 and all the people who lost loved ones consideration. young people, mostly Australian, were their deepest sympathy and expression The SPEAKER pro tempore. Is there murdered in the 2002 Bali bombings. of kinship with us, recognizing that we objection to the request of the gen- Twelve Indonesians were also killed at are all in this together. tleman from New York? the suicide bombing at the J.W. Mar- This war on terror does not find itself There was no objection. riott hotel in Jakarta in August 2003. comfortable in one place over another, Mr. MCHUGH. Mr. Speaker, I yield While this latest attack occurred on one region, one language or one set of myself such time as I may consume. Indonesian soil and those killed were values. Every single nation in this Mr. Speaker, in an unspeakable act Indonesians, the attack itself was world may be subject to terror some- of terror, suspected al Qaeda-linked aimed at Australia and its people. time, and we would hope that even in militants detonated a car bomb outside However, these cowardly terrorist those places that would seem to be har- the Australian embassy in Jakarta, In- acts will not prevent Australia from boring terrorists, we know that there donesia, on Thursday, September 9 of standing strong against terrorism or are people there who want peace. this year, killing 9 people and wound- from continuing to support the spread So I rise to be supportive of H. Res. ing at least 173. of democracy and freedom around the 767, and as I do that, Mr. Speaker, let The bomb exploded shortly after 10:15 world. Neither will these attacks be me add my support as well for S. Con. a.m. local time, just in front of the successful in changing the path of In- Res. 137. That, of course, is the removal Australian embassy’s gate, flattening a donesia, who has just held peaceful, of Sudan from the Human Rights Com- section of the steel fence and shat- democratic elections in testament to mission in the United Nations. tering scores of windows in the high- its moderate character. I was not able to arrive on the floor rise office building as far as 500 meters The United States must continue to in the time. I simply want to say that away. Most of the casualties were Indo- play a leadership role in developing an although it may not be characterized nesian policemen, embassy security international coalition that works as terror, genocide is terror. guards and passers-by. No one inside closely with ASEAN countries to help 1745 the embassy was killed, although sev- develop strong partnerships that will b eral Australians and other foreign citi- help prevent future terrorist attacks. We have done everything we could zens were wounded in the attack. Po- I would like to convey to the Indo- possibly do. The gentleman from New lice are now investigating whether a nesian people my heartfelt sympathies Jersey (Mr. PAYNE), a leader on this suicide bomber triggered the blast. for the innocent loss of life on Sep- issue, the gentleman from New York The Australian embassy bombing is tember 9 and my appreciation to the (Mr. MEEKS), a member of the Com- the third attack perpetrated by the Is- Australians for their willingness to mittee on International Relations, and lamic militants in the 2 years since the confront international terrorism at I have worked on this issue, many horrible Bali bombings and a deadly every turn. Members have, including the collective blast at Jakarta’s Marriott hotel last I strongly support this resolution. Congressional Black Caucus and many, year. The attacks have been blamed on Mr. Speaker, I yield 3 minutes to the many Members in a bipartisan manner. the al Qaeda-linked Jemaah Islamiah. gentlewoman from Texas (Ms. JACK- The Congress has worked its will. Mr. Speaker, all Americans strongly SON-LEE). The tragedy is that this does not condemn this outrageous act of vio- Ms. JACKSON-LEE of Texas. Mr. translate to the government of Sudan. lence. We express our deep condolences Speaker, I thank the distinguished gen- They must receive the greatest pen- to the victims and families of this hei- tleman for the time. alty, and that may mean the removal nous crime, as well as to the peoples of First, I would like to thank him for from the human rights panel at the Indonesia and Australia. his leadership, and I would like to add United Nations, but it also may mean It is also fitting, Mr. Speaker, that my appreciation, as well, to the gen- divestiture, removing the investments we recognize the strong steps Australia tleman from Indiana (Mr. BURTON), the of so many from this country and and Indonesia have taken jointly, as gentleman from Florida (Mr. WEXLER) many other places in the economic en- well as separately, to combat terrorism and the gentleman from New York (Mr. gine of Sudan. and investigate this crime. We applaud MEEKS) and the manager of this bill for The government has not learned by their efforts to stamp out terrorist it is of great importance that we coa- our actions. I believe there should be a

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.043 H22PT1 H7388 CONGRESSIONAL RECORD — HOUSE September 22, 2004 wake-up call, even stronger than S. ed nightclubs in Bali’s Kuta Beach; and only to bring the perpetrators of this crime to jus- Con. Res. 137. I look forward to our 12 months after the J.W. Marriott hotel bomb- tice. coming together, unified as a Congress, ing in Jakarta. Barbarous acts of this kind, whether precip- to demand action now by the Sudanese Furthermore, this devastating attack came itated in New York and Washington, or Ja- government or they will in turn receive just 12 days before the final round of Indo- karta, Istanbul and Madrid, are more crimes the wrath and the punishment of not nesia’s first-ever direct presidential election, against civilization and humanity than attacks only the American people but the which took place on September 20, 2004, and on any particular nation. Hence as we seek world. is being heralded as a major milestone and accountability we look for the support of faith- In conclusion, Mr. Speaker, I support key step towards stabilizing and continuing the ful people and justice seekers of all societies H. Res. 767, ask my colleagues to vote numerous democratic gains made by Indo- in a war to eliminate the cowardice of ter- for it and, as well, S. Con. Res. 137. nesia in recent years. rorism. Mr. MEEKS of New York. Mr. Speak- The attack also occurred exactly one month The despicable act that occurred in Jakarta er, I have no further requests for time, before the October 9th, 2004, general election earlier this month does not put the Indonesian and I yield back the balance of my in Australia; and, these radical terrorists must or Australian democracies at particular risk. It time. not be allowed to disrupt any free and fair is civilization and civilized values which de- Mr. MCHUGH. Mr. Speaker, I yield elections, no matter how old or young a De- mand protection. myself the balance of my time, and on mocracy may be. I urge support for the resolution. a closing note, first of all, my com- As a result of Indonesia’s belief in the Mr. MCHUGH. Mr. Speaker, I yield pliments to my colleague, the gen- Democratic process, they have been the un- back the balance of my time. tleman from New York (Mr. MEEKS), fortunate target and victim of Jemaah Islamiah The SPEAKER pro tempore (Mr. for his continued leadership on this (jeh-mah-Ah Isslah-miyah] terrorists, who have TERRY). The question is on the motion issue as well. And I want to also com- been linked with notorious fundamentalists offered by the gentleman from New mend the original sponsor of the reso- such as Al-Qaeda, and make their home York (Mr. MCHUGH) that the House sus- lution and one of the senior members throughout southeast Asia. pend the rules and agree to the resolu- of the Committee on International Re- The extremist group of radical muslims, tion, H. Res. 767, as amended. lations, my good friend and former Jemaah Islamiah [Jeh-ma-Ah Isslah-miyah], The question was taken; and (two- chairman on the Committee on Gov- who claimed responsibility for the September thirds having voted in favor thereof) ernment Reform, the gentleman from 9th bombing, is trying to disrupt Indonesia’s the rules were suspended and the reso- Indiana (Mr. BURTON), who also had a fair and free democratic elections, and the lution, as amended, was agreed to. very important hand in this very nec- emerging road towards democracy in Indo- A motion to reconsider was laid on essary and I think very appropriate nesia must not be curtailed by these sense- the table. resolution. less acts of violence. f And as has been said here today, I The United States, Indonesia, Australia, and ENCOURAGING INTERNATIONAL certainly would urge all of our col- all of our allies should stand united in the fight OLYMPIC COMMITTEE TO SE- leagues to pass it, and I look forward against terrorism, working together to bring to LECT NEW YORK CITY AS SITE to its adoption. justice the perpetrators of the terrorist attack in OF 2012 OLYMPIC GAMES Mr. BURTON of Indiana. Mr. Speaker, I Jakarta, Indonesia, and all other acts of terror would first like to thank you Chairman HYDE, and violence throughout the world. Mr. KING of New York. Mr. Speaker, Speaker HASTERT, and Majority Leader TOM I would respectfully ask that all of my distin- I move to suspend the rules and agree DELAY for allowing this most important piece guished colleagues vote ‘‘aye’’ and let the ter- to the concurrent resolution (H. Con. of legislation, H. Res. 767, to be considered rorist thugs who destroyed a peaceful Thurs- Res. 475) encouraging the International before the House of Representatives today. day morning in Jakarta know that we will not Olympic Committee to select New In the early morning hours of September stand idly by and watch as they disrupt the York City as the site of the 2012 Olym- 9th, 2004, as Indonesians in Jakarta were set- freedoms of our friends, partners, and allies in pic Games. tling into their places of work, a devastating the global war against terrorism. The Clerk read as follows: explosion rocked the Australian Embassy in Again, thank you Mr. Speaker for allowing H. CON. RES. 475 the heart of Indonesia’s capital, sending at me to speak on this important resolution. Whereas the Olympic Games further the least 180 innocent victims to the hospital and Mr. LEACH. Mr. Speaker, I rise in support of cause of world peace and understanding; killing at least 10 innocent and defenseless H. Res. 767, condemning the terrorist attack in Whereas the country hosting the Olympic bystanders. Jakarta, Indonesia that occurred on Sep- Games performs an act of international goodwill; It was yet another terrorist attack that the tember 9, 2004. I would like to thank the gen- Whereas if New York City were chosen to world has unfortunately grown so accustomed tleman from Indiana, Mr. BURTON, for intro- host the 2012 Olympic Games there would be to. But, for Indonesia, this act of terrorism was ducing this timely and thoughtful measure. a substantial local, regional, and national an attack on their modern and moderate Mus- Mr. Speaker, a suspected al-Qaeda affiliate economic impact, which would include 7 lim beliefs and against their choice for a free known as Jemaah Islamiah detonated a car- years of international sports events, meet- and democratic nation. bomb outside the Australian Embassy in Ja- ings, and related nationwide tourism activ- This resolution condemns the terrorist attack karta, Indonesia, on Thursday, 9 Sept. 2004, ity; that occurred in Jakarta, Indonesia, outside of killing nine people and wounding approxi- Whereas the Olympic movement celebrates competition, fair play, and the pursuit of the Australian Embassy on September 9th, mately 180 people. While no one inside the dreams; 2004, and expresses our deepest condolences Embassy compound was killed, several Aus- Whereas the United States and, in par- to the families of the individuals murdered and tralian and other foreign citizens were wound- ticular, New York City celebrate these same those injured in the cowardly terrorist attack, ed in the attack. The great bulk of the casual- ideals; and as we hope for the speedy and complete re- ties were suffered by Indonesians who worked Whereas New York City has never hosted covery of all the surviving victims. in the area or were simply passing by. the Olympic Games: Now, therefore, be it We—as Americans—understand the terrible The Australian Embassy bombing is the Resolved by the House of Representatives (the devastation that is felt throughout a nation third major attack in Indonesia perpetrated by Senate concurring), That Congress— (1) encourages the International Olympic when this type of senseless tragedy occurs. the Islamic militants, including the deadly Bali Committee to choose New York City as the The horrific event on September 9th, 2004, is bombings in 2002 and a blast at Jakarta’s site of the 2012 Olympic Games; and a reminder that the United States and Indo- Marriott hotel last year. (2) hopes that the United States will be se- nesia—along with the rest of the freedom lov- Mr. Speaker, all Americans strongly con- lected as the host country of the 2012 Olym- ing nations around the world—must continue demn this latest terrorist outrage act of vio- pic Games, and pledges its cooperation and to stand firm in our resolve against the evils of lence. We extend our deepest sympathies to support for their successful fulfillment in international terrorism. the victims and families of this outrageous the highest Olympic tradition. It should be noted that this attack was al- crime as well as to the peoples of Indonesia The SPEAKER pro tempore. Pursu- most three years to the day since the Sep- and Australia. ant to the rule, the gentleman from tember 11th attacks on New York, Wash- We stand with the people of Indonesia and New York (Mr. KING) and the gen- ington, D.C., and Pennsylvania; about two Australia in opposition to the use of terror, and tleman from New York (Mr. MEEKS) years since a bombing ripped through crowd- we salute their individual and collective efforts each will control 20 minutes.

VerDate Aug 04 2004 04:24 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.153 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7389 The Chair recognizes the gentleman September 11, 2001, showing that New blueprint of the city and its ability to from New York (Mr. KING). York has come all the way back, not host international sporting events for GENERAL LEAVE just in the eyes of the city, the State decades to come. Mr. KING of New York. Mr. Speaker, and the country but, indeed, in the Mr. Speaker, New York is blessed I ask unanimous consent that all Mem- world. with some of the best financial, cre- bers may have 5 legislative days in Mr. Speaker, I reserve the balance of ative, marketing and corporate re- which to revise and extend their re- my time. sources in the world. New York is com- marks and include extraneous material Mr. MEEKS of New York. Mr. Speak- mitted to applying these talents to cre- on House Concurrent Resolution 475, er, I yield myself such time as I may ating the best Games in the history of the concurrent resolution under con- consume, and I rise in strong support the Olympics. When the International sideration. of this resolution. Olympic Committee meets next July to The SPEAKER pro tempore. Is there Mr. Speaker, I would first like to choose the site of the 2012 Summer objection to the request of the gen- commend my good friend and col- Games, I urge committee members to tleman from New York? league, the gentleman from New York choose New York City, the Empire There was no objection. (Mr. KING), on the other side. As he State. Mr. KING of New York. Mr. Speaker, said, we may not agree on much, but Mr. Speaker, I strongly support this I yield myself such time as I may con- we do agree on New York being the resolution. sume. best place for this. I also would like to Mr. Speaker, I yield 2 minutes to the Mr. Speaker, I rise today in support commend my friend and colleague, the gentleman from New York (Mr. NAD- of H. Con. Res. 475. This resolution en- gentleman from New York (Mr. RAN- LER), my friend and colleague. courages the International Olympic GEL), for introducing this important Mr. NADLER. Mr. Speaker, I thank Committee to select New York City as resolution. His leadership on behalf of the gentleman for yielding me this the site for the 2012 Olympic Games the interests of New York City is time, and I rise in support of this con- and supports New York City’s desire to greatly appreciated. current resolution. New York is emi- host those 2012 Games. Mr. Speaker, the 2004 Olympic games nently suited to host the Olympic Mr. Speaker, earlier this year, the in Athens recently unfolded before the Games, and I certainly urge the Inter- International Olympic Committee nar- eyes of hundreds of millions of people national Olympic Committee to select rowed the selection for the 2012 Games around the world, some watching in New York as the site for the 2012 to five cities, New York City being one person but many more on television Games. of them. And in July of next year, they every night. It is fair to say, Mr. I want to say, however, that support will make their final decision. As a Speaker, that the Athens Games were for this resolution should not be con- New Yorker, but also as an American, an unqualified success. Despite fears of strued as support for the construction I really urge the Congress to adopt this terrorism or that key Olympic venues of the Olympic stadium planned for the resolution asserting and expressing the would not be ready, Athens was more West Side of Manhattan. There is much support of the Congress for New York than prepared to receive over 16,000 opposition to that stadium. Many of us City to be given these Games. athletes and officials from around the think it is in the wrong place. We sup- There are any number of reasons, Mr. world, and the Olympic spirit thrived port the Olympics, because we trust Speaker, but, first of all, I am sure as athletes lived out their dreams. that common sense will reign and that while my colleague, the gentleman This resolution before the House eventually people will realize that the from New York (Mr. MEEKS), and I do seeks to bring that Olympic spirit we Olympic stadium should be in Queens not agree on every issue in this House witnessed in Athens here to America or in Shea Stadium. of Representatives, we agree that New for the first time since 1996, when they In any event, we support the Olym- York certainly is the best place in the were held in Atlanta. This measure pics, we support this concurrent resolu- world and where the Olympic Games urges the International Olympic Com- tion, but that support should not be should be held in any year, especially mittee to choose the entry of the construed as support for construction 2012. United States, New York City, to host of a new stadium for the Olympics or In many ways, New York City per- the 2012 Summer Olympics. for the Jets on the West Side of Man- sonifies what the Olympics are all Mr. Speaker, the Olympics brings to- hattan. about. I was looking at the numbers, gether people from all over the world, Mr. MEEKS of New York. Mr. Speak- and there were 202 countries in the last and when they arrive in the city so er, I yield myself such time as I may Olympics. There are students or chil- great they had to name it twice, New consume to thank the gentleman for dren representing 199 of those countries York, New York, they will find that his statement. The question of the sta- in New York City’s public schools. virtually every nationality that com- dium is something we will deal with, That is 199 out of the 202 countries who petes in the Olympic Games is rep- but we are all together in that we want will have representation in New York resented among the people of New York the Olympics in New York. City. Virtually every country coming City. Of the 202 countries that partici- Mr. Speaker, I have no further re- to the Olympics, in effect, will be a pated in the Athens Olympics, immi- quests for time, and I yield back the home team in New York City. grant children of 199 of them attend balance of my time. It is that diversity, that strength and New York City schools. Even the Mr. KING of New York. Mr. Speaker, also the facilities that make New York smallest Nation attending Olympic I yield myself such time as I may con- so perfect. The facilities are available; Games in New York will find their own sume in closing to just commend the more are being constructed. The Mayor cheering section. author of this resolution, the gen- and the city officials, the State offi- New York City already has a devel- tleman from New York (Mr. RANGEL), cials will do whatever has to be done to oped transportation infrastructure to for the tremendous job he is doing on make sure that all of the events can be ensure that athletes and spectators can this and on so many other issues af- accommodated. New York City cer- easily get to all Olympic venues and fecting New York, and also the Mayor tainly showed, just last month, during practice facilities. The Olympic village of New York, Michael Bloomberg, who the Republican convention the level of will also be centrally located, and over has shown tremendous leadership on security its police force can provide, 500 acres of parks will be created or im- this. the safety and security and hospitality proved. New York has detailed plans to Again, this is the essence of biparti- to people from all over the country, first-class sports facilities throughout sanship, a Republican mayor working and certainly, they will show in 2012 the city to host the Olympics in an ef- with a Democratic congressman, the that they can do it for people all over fort that will help to revitalize New gentleman from New York (Mr. RAN- the world. We have the mass transit, York’s waterfront. GEL), and the entire New York delega- and really, we have whatever has to be While the Olympics will have an eco- tion stands behind this, including the there for the Olympics. nomic impact of over $11 billion and gentleman from New York (Mr. Also, if we can say, this will be one will create over 135,000 jobs, they will FOSSELLA), who is a prime co-sponsor final step, one further step away from have a longer-term impact upon the of the resolution.

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.155 H22PT1 H7390 CONGRESSIONAL RECORD — HOUSE September 22, 2004 So, Mr. Speaker, I urge the adoption audience, hosting an Olympic Games would Virginia (Mr. GOODLATTE) and the gen- of the resolution. be a tremendous boost to an economy that tleman from Texas (Mr. STENHOLM) Mr. CROWLEY. Mr. Speaker, I rise today in continues to recover from the 9/11 terrorist at- each will control 20 minutes. strong support of the resolution introduced by tacks. Our local restaurants and businesses The Chair recognizes the gentleman my good friend from New York, Congressman would greatly benefit from the potential rev- from Virginia (Mr. GOODLATTE). RANGEL. enue that the Olympics would bring. Mr. GOODLATTE. Mr. Speaker, I This resolution encourages the International Greece just hosted one of the greatest yield myself such time as I may con- Olympic Committee to choose New York City Olympic Games ever to be held, and I com- sume. I should start by congratulating as the host for the Olympic Games in 2012. mend them on their success. I am confident the gentleman from New York (Mr. Congressman RANGEL has been relentless on that New Yorkers would open their arms and REYNOLDS) for introducing this resolu- promoting New York as a great choice for the welcome the world to our doorstep just as the tion, and I rise in wholehearted support Olympics and never shying away from any ef- people of Greece welcomed us to the birth- of it, which brings our attention to the fort to drive this notion. As a member of the place of the Olympics. goals and purposes of National Farm New York City delegation, I wholeheartedly I look forward to working with my friends in Safety and Health Week which the support the Resolution. the New York congressional delegation and President proclaimed for this week, be- The United States will not host the Olympic our local officials to bring the 2012 Olympic ginning September 19. Games for another 8 years now, bringing that Games to New York City. For those of us who represent Amer- span to 10 years—in 2012, I trust the Olympic Mr. KING of New York. Mr. Speaker, ican farmers and ranchers, we know Committee will see fit to bestow this honor to I yield back the balance of my time. the long hours farmers devote to get- our great city. Bringing the Games to the The SPEAKER pro tempore. The ting the crops safely to the bin or the United States will not only exert a huge eco- question is on the motion offered by cotton to the gin. Farmers are in the nomic boost on local, regional, and of course the gentleman from New York (Mr. fields now harvesting this year’s field national level, it will also create jobs not only KING) that the House suspend the rules crops. When the weather is ripe for the for the Games, but also on the road to- and agree to the concurrent resolution, picking corn or cutting beans, farmers wards them H. Con. Res. 475. understand the good weather window The question was taken; and (two- New York is uniquely qualified to invite the could close at any time, and that could thirds having voted in favor thereof) ‘‘world’’. The Olympic ideals of competition, mean fewer bushels or less quality. the rules were suspended and the con- fair play, and pursuit of dreams are perfectly When the cotton bolls are ready, the embodied and thoroughly celebrated in the current resolution was agreed to. A motion to reconsider was laid on gins are ready to run. City. Olympic Games drive world wide cultural Unfortunately, as we have seen in the table. understanding and exchange and thus pro- many parts of the country this year, moting peace. f there are risks in this seasonal activ- The diverse ethnicity of the City would reso- SUPPORTING GOALS AND PUR- ity, and today, we want to applaud nate with all guests—and vice versa. Not just POSES OF NATIONAL FARM America’s farmers who run the big ma- since the United Nations, as the epitome of SAFETY AND HEALTH WEEK chines and our ranchers who manage those ideals, took root in New York, the City the big and sometimes unruly animals. has been a beacon of freedom and a meeting- Mr. GOODLATTE. Mr. Speaker, I We want to take a few minutes this spot for the world. The City was hit hard on 9/ move to suspend the rules and agree to afternoon to commend America’s men 11, but it never retreated and withdrew in its the concurrent resolution (H. Con. Res. and women who plant, tend and har- shelter. It kept embracing the world. In 2012, 494) supporting the goals and purposes we want to show this yet another time. of National Farm Safety and Health vest the world’s most bountiful supply Furthermore, the current plans would allow Week and applauding the men and of food and fiber in the world for us, for extraordinary Olympic Games. The so- women who provide a stable supply of the American consumers, and a large called ‘‘x-plan’’ will bring athletes and guests food and fiber for the United States part of the world as well. right into the heart of New York, perfectly and the world. All of us need to understand the im- blending the atmosphere of the great New The Clerk read as follows: portance of agriculture to our economy York skyline with the East River riverfront. The H. CON. RES. 494 and our quality of life. This resolution Olympic Games right next to the United Na- Whereas nearly half of the land in the is one part of recognizing the impor- tions headquarters would be the biggest dis- United States is used for agricultural pro- tance of agriculture by bringing the play of international understanding and ex- duction; Nation’s attention to the importance change. Whereas many farmers and ranchers oper- of safety and health on our farms and I urge all my colleagues to join Congress- ate and maintain heavy-duty equipment and ranches. machinery and work with large and unpre- man RANGEL in supporting this resolution. I again commend the gentleman from Mrs. MALONEY. Mr. Speaker, I rise today in dictable livestock, which makes farming and New York (Mr. REYNOLDS) for bringing ranching among the most dangerous occupa- this resolution before the House and strong support of H. Con. Res. 475, of which tions in the United States; I am a cosponsor, which expresses the sense Whereas farmers and ranchers are at risk urge its adoption. of Congress encouraging the International of serious work-related accidents, and many Mr. Speaker, I reserve the balance of Olympic Committee (IOC) to choose New York farmers and ranchers suffer disabling inju- my time. City as the site of the 2012 Olympic Games. ries each year; Mr. STENHOLM. Mr. Speaker, I yield I would like to thank my friends and col- Whereas the children of farmers and ranch- myself such time as I may consume, leagues Representatives RANGEL and ers are at special risk from farm-related ac- and I rise in strong support of H. Con. cidents; FOSSELLA for introducing this resolution. Res. 494, which supports the goals and New York City is the greatest city in the Whereas the President has proclaimed, by purposes of National Farm Safety and Executive Order, September 19 through Sep- Health Week and applauds the men and world. As the center of arts, business, culture, tember 25, 2004, as National Farm Safety and tourism, architecture, education, and sports, Health Week ; and women who provide a stable supply of New York is an ideal candidate to host the Whereas National Farm Safety and Health food and fiber for the United States world’s greatest athletic competition. With its Week provides an opportunity for increased and the world. top-notch mass transportation systems, New awareness and educational programs tar- By way of background, it should be York already has much of the infrastructure in geted towards the protection and produc- noted that, for well over half a cen- place to transport athletes and fans to the ath- tivity of farmers and ranchers: Now, there- tury, Congress has recognized National letic events. Because New York is a site for fore, be it Farm Safety and Health Week. As far Resolved by the House of Representatives (the back as the 1940s, President Franklin many of the world’s top sports competitions, Senate concurring), That Congress— including the U.S. Open, and the home of sev- (1) supports the goals and purposes of Na- Delano Roosevelt signed the first presi- eral professional sports teams, our city has tional Farm Safety and Health Week; and dential proclamation recognizing Na- the necessary capabilities to handle large (2) applauds the men and women who pro- tional Farm Safety and Health Week in numbers of people along with the tremendous vide a stable supply of food and fiber for the order to commemorate the hard work, security requirements. United States and the world. diligence and sacrifices that our Na- Aside from allowing New York to showcase The SPEAKER pro tempore. Pursu- tion’s farmers and ranchers make on a its beauty and infinite attractions to a global ant to the rule, the gentleman from daily basis.

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.156 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7391 b 1800 that contain high dust levels and tox- ship and continued work towards This week is a time for our Nation to ins. achieving these goals through the Na- reflect upon the important role that It goes without saying that the com- tional Farm Safety and Health Week. I U.S. agriculture has played and con- mitment to farm safety cannot be lim- urge my colleagues to support this res- tinues to play in this Nation and ited to a single week. Nevertheless, olution. throughout the entire world. The this timely and welcome resolution to Mr. STENHOLM. Mr. Speaker, I yield United States began as an agrarian so- commemorate farm safety reminds us myself such time as I may consume. ciety, and agriculture has been the all of how important it is for farmers, I have no further requests for time, backbone of this country. Over time, ranchers, and their workers to perform but let me just say in closing that I am however, our Nation became more in- their work safely and to take pre- honored to join today with the chair- dustrialized, and people left the farms cautions to protect themselves. When man of the House Committee on Agri- and rural areas to pursue opportunities one’s child is out there with them, take culture and the gentleman from New in the cities. And yet despite the fact a little extra bit of care for that young- York (Mr. REYNOLDS) in joining with that there are fewer people producing ster. the President, President Bush, having the Nation’s food and fiber, produc- By recognizing the dangers inherent declared this week National Farm tivity has increased. in farming and ranching and by taking Safety Week; and I am very happy to While the business of farming has un- steps to prevent accidents, our Nation join in support of that concurrent reso- dergone significant changes since the will continue to lead the world in the lution, in support of the President. I founding of this Nation, one thing has production of agriculture commodities. thank the President for recognizing not changed: farming continues to be Mr. Speaker, I reserve the balance of this important contribution. one of the most hazardous occupations my time. Mr. Speaker, I yield back the balance in the United States. A report by the Mr. GOODLATTE. Mr. Speaker, I of my time. National Safety Council concluded that yield such time as he may consume to Mr. GOODLATTE. Mr. Speaker, I agriculture had the second highest fa- the gentleman from New York (Mr. yield myself such time as I may con- tality rate of all industries in the Na- REYNOLDS), the author of the concur- sume. tion. In 2003 alone there were 710 farm- rent resolution. I would like to thank the gentleman related fatalities and 110,000 disabling (Mr. REYNOLDS asked and was from Texas for working with us on injuries. given permission to revise and extend bringing forth this concurrent resolu- I hasten to add that, because of the his remarks.) tion and congratulate the gentleman nature of family farms, farm-related Mr. REYNOLDS. Mr. Speaker, I from New York for bringing this for- injuries and fatalities are not solely thank the chairman of the Committee ward. And I urge my colleagues to limited to adults. A 2001 study by the on Agriculture for yielding me this adopt what I think is important to not National Children’s Center for Rural time. I also appreciate the strong sup- just people in rural America but in all and Agricultural Health and Safety report of my concurrent resolution by America, to understand the importance ported that nearly 1.5 million young both the chairman and ranking mem- of agriculture and the importance of people, 20 years or younger, lived or ber of the Committee on Agriculture farm safety. With that, I urge my col- worked on farms. The same study today. leagues to support the concurrent reso- showed that more than 660,000 in that Mr. Speaker, I am here to recognize lution. age range were employed but not living the National Farm Safety and Health Mr. Speaker, I yield back the balance on farms. According to the study, more Week and to thank our farmers and of my time. than 100 children younger than 20 die ranchers nationwide for their hard The SPEAKER pro tempore (Mr. each year and more than 22,000 are in- work day in and day out. LEWIS of Kentucky). The question is on jured from agriculture-related injuries. Over half the land in the United the motion offered by the gentleman Similarly, a study by the American States is used for agricultural produc- from Virginia (Mr. GOODLATTE) that Academy of Pediatrics showed that for tion; and without the work of our the House suspend the rules and agree teenagers farm jobs have the highest farmers and ranchers, our Nation and to the concurrent resolution, H. Con. rate of fatalities of all types of teen others around the world would not Res. 494. employment. have the safe, stable supply of food and The question was taken; and (two- While there are many potential haz- fiber that we enjoy today. thirds having voted in favor thereof) ards on a farm, the greatest continues In my home State of New York, agri- the rules were suspended and the con- to be machinery. Reports indicate that culture is the number one industry, current resolution was agreed to. 30 percent of farm machinery-related and I am proud to represent one of the A motion to reconsider was laid on deaths occur in children less than 5 largest agricultural areas in the State. the table. years old. Additionally, the Occupa- In districts like mine all across this tional Safety and Health Administra- great land, farmers work long, hard f tion concludes that 68 percent of farm- hours and make tremendous sacrifices. GENERAL LEAVE related deaths can be traced to some They should be applauded for their ef- sort of machinery, including tractors, forts. Mr. GOODLATTE. Mr. Speaker, I ask trucks, equipment such as augers and Unfortunately, those long, hard unanimous consent that all Members loaders, power takeoffs, and haying hours are not risk-free. Sadly, there may have 5 legislative days within equipment. are hundreds of farm-related fatalities which to revise and extend their re- Of all the equipment on the farm, and thousands of injuries every year, marks on H. Con. Res. 494, the concur- tractors remain the most dangerous. In and sadder still, many of these acci- rent resolution just considered. fact, OSHA reports that more than half dents could be prevented through in- The SPEAKER pro tempore. Is there of the deaths that occur on the farm creased awareness and better safety objection to the request of the gen- are the result of tractor accidents. Of practices. tleman from Virginia? the deaths caused by tractor accidents, The National Farm Safety and There was no objection. 57 percent are the result of rollovers Health Week is a national effort to re- f and another 9 percent are the result of duce the number of farming- and people either falling off or getting run ranching-related deaths and injuries PROVIDING FOR CONSIDERATION over by a tractor. through educational and awareness ini- OF H.R. 2028, PLEDGE PROTEC- Agriculture-related deaths and inju- tiatives. Helping educate our farmers TION ACT OF 2004 ries are not limited to incidents involv- and their families on necessary safety Mr. SESSIONS. Mr. Speaker, by di- ing machinery, however. Farmers and precautions is essential to ensuring the rection of the Committee on Rules, I ranchers are subject to a whole host of strong productivity of our agricultural call up House Resolution 781 and ask other dangers including agriculture sector. for its immediate consideration. chemicals and fertilizers, unruly and I would like to commend the Na- The Clerk read the resolution, as fol- unpredictable livestock, and buildings tional Safety Council for their leader- lows:

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.159 H22PT1 H7392 CONGRESSIONAL RECORD — HOUSE September 22, 2004 H. RES. 781 It waives all points of order against and I know that not all judges are in- Resolved, That at any time after the adop- the committee amendment in the na- terested in legislating from the bench, tion of this resolution the Speaker may, pur- ture of a substitute and makes in order but there are those occurrences and suant to clause 2(b) of rule XVIII, declare the only those amendments printed in the abuses that do occur. I believe that the House resolved into the Committee of the Committee on Rules report accom- gentleman from Wisconsin (Chairman Whole House on the state of the Union for panying the resolution. SENSENBRENNER) is correct. consideration of the bill (H.R. 2028) to amend Mr. Speaker, the choice posed by this title 28, United States Code, with respect to It provides that the amendments the jurisdiction of Federal courts inferior to printed in the report may be offered legislation is stark and it is very clear: the Supreme Court over certain cases and only in the order printed in the report, Should Congress allow those activist controversies involving the Pledge of Alle- may be offered only by a Member des- judges to decide by fiat how patriotic giance. The first reading of the bill shall be ignated in the report. They shall be Americans across our great country dispensed with. All points of order against considered as read, shall be debatable may pledge their allegiance to our consideration of the bill are waived. General for the time specified in the report country; or should Congress, which is debate shall be confined to the bill and shall equally divided and controlled by the directly accountable and speaks to and not exceed one hour equally divided and con- for the people of this great Nation, ex- trolled by the chairman and ranking minor- proponent and an opponent, shall not ity member of the Committee on the Judici- be subject to amendment, and shall not ercise its authority to act as the ulti- ary. After general debate the bill shall be be subject to a demand for a division of mate arbiter of the Constitution as en- considered for amendment under the five- the question in the House or in the visioned by our Founding Fathers? minute rule. It shall be in order to consider Committee of the Whole. I believe that this choice is simple. It as an original bill for the purpose of amend- Finally, it waives all points of order is very important for every Member of ment under the five-minute rule the amend- against the amendments printed in the the House to place themselves on ment in the nature of a substitute rec- report and provides for one motion to record as sharing the values of the ma- ommended by the Committee on the Judici- jority of Americans in our country ary now printed in the bill. The committee recommit with or without instructions. Mr. Speaker, I rise today in strong that believe that America is one Na- amendment in the nature of a substitute tion under God and that the opinion of shall be considered as read. All points of support of this rule and its underlying order against the committee amendment in legislation, the Pledge Protection Act a few liberal judges in the Ninth Cir- the nature of a substitute are waived. No of 2004. This legislation offered by the cuit Court of Appeals can never change that fact. amendment to the committee amendment in gentleman from Missouri (Mr. AKIN) There may be some who come to the the nature of a substitute shall be in order follows up and improves upon the work floor today to argue that Congress is except those printed in the report of the that the House has already accom- Committee on Rules accompanying this res- not competent enough to address this plished on behalf of protecting the olution. Each such amendment may be of- issue. They will argue, I am sure, in an Pledge of Allegiance from those whose fered only in the order printed in the report, attempt to confuse the issue, that only ultimate goal is to undermine and de- may be offered only by a Member designated Federal courts can decide on constitu- in the report, shall be considered as read, value the meaning of the Pledge of Al- tionality and that this legislation rep- shall be debatable for the time specified in legiance by stripping the words ‘‘under resents some kind of affront to the sep- the report equally divided and controlled by God’’ from it. the proponent and an opponent, shall not be aration of powers doctrine which our Since June 27, 2002, the House has government is based upon. subject to amendment, and shall not be sub- voted three times to protect the Pledge ject to a demand for division of the question This attempt to divert attention in the House or in the Committee of the from those fringe and radical elements from the real matter is not only decep- Whole. All points of order against such in our country who dislike its content tive, I believe it would be patently amendments are waived. At the conclusion and its meaning as it is currently writ- wrong. The Pledge of Allegiance Act of consideration of the bill for amendment ten. Twice the House has overwhelm- does not dictate how the courts should the Committee shall rise and report the bill ingly voted through House resolutions come to a decision. Instead, it care- to the House with such amendments as may to express its opinion that the 9th Cir- have been adopted. Any Member may de- fully limits the jurisdiction of the Fed- cuit Court’s decision in Newdow v. The eral courts clearly within the constitu- mand a separate vote in the House on any United States Congress is incorrect, amendment adopted in the Committee of the tional powers of the Congress to hear a Whole to the bill or to the committee and once to limit the use of Federal case calling into question the pledge’s amendment in the nature of a substitute. funds from enforcing this onerous judg- constitutionality. The previous question shall be considered as ment. Mr. Speaker, I urge all of my col- ordered on the bill and amendments thereto Today, Congress has the opportunity leagues to protect this very important to final passage without intervening motion to once again stand up for the Pledge right that we have in our country to except one motion to recommit with or with- of Allegiance and the values that it im- recite the Pledge of Allegiance and to out instructions. parts to the millions of patriotic Amer- stand up for values upon which our The SPEAKER pro tempore. The gen- icans who recite it every day by sup- great Nation was founded by sup- tleman from Texas (Mr. SESSIONS) is porting this carefully crafted resolu- porting this rule and the underlying recognized for 1 hour. tion. legislation. Mr. SESSIONS. Mr. Speaker, for the b 1815 Mr. Speaker, I reserve the balance of purpose of debate only, I yield the cus- my time. tomary 30 minutes to the gentleman H.R. 2028 would amend the Federal Mr. HASTINGS of Florida. Mr. from Florida (Mr. HASTINGS), pending judicial code to deny jurisdiction to Speaker, I yield myself such time as I which I yield myself such time as I any court established by an act of Con- may consume. may consume. During consideration of gress to hear or determine any claim Mr. Speaker, I thank the gentleman this resolution, all time yielded is for that the recitation of the Pledge of Al- from Texas for yielding me time. the purpose of debate only. legiance violates the first amendment Mr. Speaker, I pledge allegiance to The resolution before us is a well-bal- of the Constitution. This legislation the flag of the United States of Amer- anced, structured rule providing 1 hour would prevent Federal judges from leg- ica because I believe in its stars and of general debate, equally divided and islating from the bench and striking stripes, and I believe that they sym- controlled by the chairman and rank- down the historic and heartfelt mean- bolize our strength and our diversity. I ing minority member of the Committee ing of the Pledge of Allegiance. do so out of respect for and love of our on the Judiciary. My friend, the gentleman from Wis- country, not because the cameras are It waives all points of order against consin (Chairman SENSENBRENNER), has rolling and voters are watching. Appar- consideration of the bill and provides clearly stated, ‘‘A remedy to abuses by ently, the same cannot be said of some that the amendment in the nature of a Federal judges has long been under- of my colleagues on the other side of substitute recommended by the Com- stood to lie, among other places, in the aisle. mittee on the Judiciary now printed in Congress’s authority to limit Federal The underlying legislation, more the bill shall be considered as an origi- Court jurisdiction.’’ than anything else, is about the poli- nal bill for the purpose of amendment I too understand this, as my father tics of a national election. The Repub- and shall be considered as read. was a Federal judge for many years, lican political spin machine is in full

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.056 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7393 gear playing, in my view, to the lowest Simply put, the underlying bill is, at Mr. Speaker, I rise today in support common denominator, to reinvigorate its core, un-American. Indeed, passage of the rule for H.R. 2028, the Pledge some who may not be as invigorated as of this legislation would represent one Protection Act, because it makes in the majority party would wish that of the broadest attacks on the separa- order an amendment that I strongly they be. Instead of wrapping them- tion of powers in American history. If support. The amendment to be offered selves in the flag and marketing their Congress, by statute, can end-run the by my colleague, the gentleman from candidates with gimmicks, the major- Bill of Rights, no rights to liberty, due North Carolina (Mr. WATT), is very ity in Congress ought to work for the process or equality under law are safe. straightforward. It would restore to people and legislate in their interests. Further, it would set the terrible the bill the Supreme Court’s jurisdic- Senator KERRY recently said it very precedent of barring citizens from chal- tion over questions related to the well. He said, ‘‘The flag doesn’t belong lenging government infringement of Pledge of Allegiance, changing the bill to any President, it doesn’t belong to fundamental rights in Federal court. back to the way it was originally intro- any ideology and it doesn’t belong to Mr. Speaker, the Pledge of Alle- duced and as it was when I and 224 any political party. It belongs to all giance is the recitation of the strong other Members of this body cospon- the American people.’’ sense of patriotism and pride for Amer- sored it. The underlying bill is totally unnec- ican ideas and rules. Throughout my As introduced, H.R. 2028 would have essary since there is no binding deci- lifetime and that of many of our col- restricted the Federal district courts sion in any court, Federal or State, leagues on both sides of the aisle here, and the appellate courts from hearing holding that ‘‘under God’’ in the Pledge we have tried to live up to its under- cases involving the Pledge of Alle- is unconstitutional. lying values. I have done so, as have giance. This is a solution in search of a prob- many of my colleagues, out of convic- When I signed on as a cosponsor of lem. Given the serious challenges we tion, and not at the insistence of a paid the original bill a week after its intro- face, we must act responsibly. But this political strategist that suggested leg- duction back in May of 2003, H.R. 2028 unnecessary legislation, designed by islating patriotism. political consultants as the answer to In the name of liberty, in the name of was a good bill. It took care of those an uninspired right-wing constituency, democracy and in the name of religion, renegade jurists, but it retained the ju- detracts from the real work that needs I oppose the underlying legislation, and risdiction of the Supreme Court over to be done in this body. I call on my colleagues to do the same. this important constitutional issue. In 8 days, 13 appropriation bills must Mr. Speaker, I reserve the balance of Its title read, ‘‘To amend title 28, be signed into law. So far, only one has my time. United States Code, with respect to the the President’s signature. Not even the Mr. SESSIONS. Mr. Speaker, I yield jurisdiction of Federal courts inferior appropriation for Homeland Security myself such time as I may consume. to the Supreme Court over certain has been completed, despite the terri- Mr. Speaker, we have had a very elo- cases and in controversies involving fying threats the Nation faces. Simi- quent opportunity to hear from the the Pledge of Allegiance.’’ larly, this coming Friday the author- gentleman from Florida as he spoke While the title has not changed, the ization for Federal transportation pro- about his desire not to support this leg- content of the bill certainly has. As re- grams is scheduled to expire and we are islation. We should also remember that ported by the Committee on the Judici- nowhere near a new transportation there are many judges around this ary, H.R. 2028 now prohibits the Su- bill. country who have the same opinion preme Court from hearing such cases. Did you hear that? Congress has one that the gentleman has, and they I recognize that Congress clearly has requirement, to pass the appropria- would wish a case to come forth to the authority under Article III of the tions bills, to act responsibly and pass them where they could change this Constitution to define the jurisdiction all 13 appropriations bills before Sep- Pledge of Allegiance to the United of the Federal district and appellate tember 30. Under this leadership, Con- States of America, one Nation under courts. The original H.R. 2028 was per- gress has failed miserably. God, indivisible. And this is one of the fectly supportable on this point, for it Why has this congressional session reasons why this is an important issue. related to the courts ‘‘inferior to of the been so disastrous, you might ask? The gentleman correctly talked Supreme Court.’’ Well, it is because the majority has about the things which we have now I know that the gentleman from Wis- made the conscious decision to play achieved or not achieved, in his opin- consin (Chairman SENSENBRENNER) politics, rather than legislate; to ion, for the last year-and-a-half of this cited ex parte McCardle as authority squander opportunities for success, Congress, the 108th Congress. We had under Article III to make exceptions to rather than create them; to give lip votes on taxes. We had votes on oppor- the appellate jurisdiction of the Su- service to the Nation’s needs, rather tunities to limit lawsuits, lawsuit preme Court. But constitutional schol- than address them. The underlying bill abuse. And every single time, we have ars say there is no direct precedent for is an illustration of that irrespon- had an opportunity to vote on these making exceptions to the appellate ju- sibility, and in my view, it is ridicu- very important issues. So I am proud of risdiction of the Supreme Court. lous. what we have done. But I would also We are at war, a war on terror and a say that the Pledge of Allegiance is This unprecedented restriction of the war in Iraq. Unemployment is high, something that is worth fighting for on Supreme Court’s authority would vio- jobs are being outsourced abroad, the the floor of the House of Representa- late the basic tenet of checks and bal- economy is anemic, people cannot af- tives and to protect. ances within our system of govern- ford housing at the lower rungs of our So I know and recognize that there ment. The Founding Fathers created economy, health care costs are through are my friends in the other party that this balance of power within our demo- the roof, and more than 44 million do not agree with us on this, that they cratic government to ensure the integ- Americans are uninsured. Right-wing would call it un-American that we rity of the Constitution. If the Su- Republicans are suffering the con- would not allow some Federal judge to preme Court is not able to fulfill its sequences of the wrong decisions made hear a case and then to legislate constitutional purpose, our Federal during these years that just passed, as against the Pledge of Allegiance. I be- Government will be unable to ensure are liberal and moderate Americans; lieve that is what Congress is here to that our laws reflect the rights set and I, for one, wish this body were dis- do, and I believe that judges are there forth in our Constitution. cussing how to solve these pressing to rule on the law, not to make law. I would caution my colleagues to problems instead of legislating on That is why we offer this bill, this very think twice before tampering with au- nonissues. important bill, that we have here to- thorities clearly granted in the Con- Now, more than ever, we must use night. stitution. The issue today may be the the legislative session wisely and pro- Mr. Speaker, I yield 5 minutes to the pledge, but what if the issue tomorrow ductively to strengthen America’s way gentlewoman from Illinois (Mrs. is environmental protection, civil of life. Now, more than ever, we must BIGGERT). rights, second amendment rights or a do what is necessary to promote the Mrs. BIGGERT. Mr. Speaker, I thank host of other issues that Members may principles that have made us strong. the gentleman for yielding me time. hold dear?

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.163 H22PT1 H7394 CONGRESSIONAL RECORD — HOUSE September 22, 2004 I would ask my colleagues not to suc- the different things that are America are dealing with is a question of free cumb to a false comfort that the Su- and get down to the center nub of what speech. Our Founders fought wars be- preme Court ultimately will strike is it that we believe, what is it that cause we really thought that people down the legislation, so therefore it is people who came from Germany or should be able to have freedom to state acceptable to cast a politically expe- Scotland or England or all of these a religious or a political conviction and dient vote that you know is just wrong. other different countries believe; they to be free to express that opinion. I would also ask my colleagues to came here together. They do not call Yet, we have activist judges among think about, do we really want 50 dif- themselves by their old name, but they us today who have the intent and who ferent versions of the Pledge of Alle- call themselves Americans, and Amer- have even stated fairly clearly where giance? I certainly do not think so. ica is a unique and special place to all they stand on this issue, that school However, that is what could happen if of us. children are not allowed to say the you believe the Committee on the Ju- Now, what is the heart of what Pledge of Allegiance as we have said it diciary’s press release on this bill. makes America? What is the central for the last 50 years. Now, no school formula? Why is it that our young men child is required to say the Pledge, but b 1830 and women would go and risk their to tell a school child that we have been Its headline says it all, ‘‘Committee lives overseas for this Nation? saying the Pledge this way for 50 years approves legislation allowing States to I would suggest to my colleagues in America and, now, you cannot say decide whether ’under God’ should re- that the answer can be found in our it, is akin to censorship. That is com- main in the Pledge of Allegiance.’’ birthday document, that Declaration of pletely turning the first amendment I believe the Supreme Court, not 50 Independence, that document which upside down. I do not think that it is different State courts, should be the paints a vision which goes beyond just right for the judges to do that. final arbiter of any questions on the the shores of America but touches the I also know that I took an oath of of- constitutionality of that congression- hearts of all freedom-loving people fice to uphold the Constitution, and as ally approved phrase. around this entire world. It is the sen- a member of the legislative branch, I I come to the floor with a heavy tence that says that we hold these realize that it is part of my responsi- heart on this but, Mr. Speaker, I revere truths to be self-evident, that all men bility and part of the responsibility of the Constitution and the Pledge of Al- are endowed by their creator with cer- other Members who call themselves legiance. I believe that ‘‘under God’’ tain unalienable rights, and among Congressmen to stand up for the Con- are two of the most important words in these are life, liberty and the pursuit of stitution, to stand up for free speech, the pledge. I also believe that the Su- happiness. The sentence goes on to say to tell the judges that they are wrong preme Court should be the final arbiter that it is the job of government to pro- to tell school kids that they cannot say of all Federal questions. That is why I tect those rights. the Pledge of Allegiance. urge my colleagues to support this rule Notice that that sentence is essen- Now, there is all kinds of legal and the Watt amendment to the Pledge tially a three-part formula. It says, mumbo jumbo that people might want Protection Act. first, that there is a God; secondly, to talk about, but let us not make the Mr. HASTINGS of Florida. Mr. that that God is the grantor of human issue too complicated. It is about the Speaker, I yield myself such time as I rights; and among these are life, lib- Pledge of Allegiance; it is about the may consume. erty, and the pursuit of happiness. And fact that we have activist judges say- I shall not take an awful lot of time, then our job in civil government is to ing that kids cannot say the same but I do have a considerable amount of protect those basic rights, and that, I pledge that you and I have said for the experience in this area, and I can tell would suggest, is something that last 50 years. my colleagues that the Doctrine of Ju- Americans have largely agreed to down Mr. HASTINGS of Florida. Mr. dicial Review, the notions with ref- through the ages and has been some- Speaker, I yield myself such time as I erence to ‘‘fundamental due process’’ thing that has united us. It is also may consume. I would ask the gen- and ‘‘full faith and credit’’ are matters something that we have exported as we tleman from Missouri to participate in that we should hold dear and not be export freedom around the world. a colloquy with me, if he would. Now, if we take the concept of God Mr. Speaker, I asked last evening about the business of court-stripping out of the equation, then our rights what jurisdiction in the United States on specific matters. cannot come from God, and then the of America today exists where a child The gentlewoman from Illinois (Mrs. whole essence of what America is has cannot say ‘‘under God’’ in the Pledge BIGGERT) put forward the exact propo- been threatened. of Allegiance? sition that I did in last night’s Com- Now, this concept that I am sug- Mr. AKIN. Mr. Speaker, will the gen- mittee on Rules among other things gesting is not something that I just in- tleman yield? that she has said with which I agree, vented; anybody who would like to can Mr. HASTINGS of Florida. I yield to and that is that another day will come, go down to the Jefferson Memorial, and the gentleman from Missouri. and this establishes a bad precedent. I they can look at the stone where these Mr. AKIN. Well, Mr. Speaker, fortu- note that the original sponsor of the words are inscribed and Jefferson says, nately, because of the fact that the Su- measure is here, and I put to him that the God that gave us life gave us lib- preme Court dismissed this case just question last evening. Perhaps, he and erty, and can the liberties of the people based on a technicality, there are none. I will have an opportunity for a further be secure if we remove the conviction There were some before. At the mo- exchange with reference to the same that those liberties are the gift of God? ment, there are not. And that is why it matter. What Jefferson was saying is people is so important to move this bill rap- Mr. Speaker, I reserve the balance of will not fight for something if they do idly before something gets in the pipe- my time. not believe that those liberties were line again to threaten the Pledge. Mr. SESSIONS. Mr. Speaker, I yield 5 the gift of God. Mr. HASTINGS of Florida. Mr. minutes to the gentleman from Mis- And ironically, here on this floor, Speaker, reclaiming my time just for souri (Mr. AKIN), the sponsor of this just in the last few minutes, I have the moment, that is that same Su- legislation. heard people make the statement that preme Court that the gentleman would Mr. AKIN. Mr. Speaker, I would start they are very content to let the Su- prefer not have jurisdiction in these by asking a question that I have had a preme Court decide what our rights matters, no matter whether they rule chance to ask a number of times to dif- should be. Whatever the Supreme on a technicality. The gentleman’s ar- ferent school groups and other collec- Court says, oh, well, that is just fine. gument is that the Supreme Court tions of Americans, and that is, if you The problem is, the Supreme Court has makes mistakes because it is con- were to take a look at America, the men and women on it, and they make stituted of human beings. unique nation that it is, and you were mistakes, and we have three coequal Well, let me tell my colleague, a to try to put into a phrase or a sen- branches of government to act as whole lot of mistakes are made in this tence what is the heart of what Amer- checks and balances on each other. body of us, 435-plus and five territories, ica is all about; if you had to, in a Before us today is an important mat- because we are human beings. But re- sense, as an onion, go through all of ter. It is important because what we spect for the courts is key and critical,

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.164 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7395 and to refer, for example, judges with checked and balanced by the judicial ANNOUNCEMENT BY THE SPEAKER whom I disagree, I call them strict con- branch. That would be unfortunate. PRO TEMPORE structionists, but I do not demean Mr. Speaker, I yield back the balance The SPEAKER pro tempore (Mr. them. And I do not come down here and of my time. TERRY). Pursuant to clause 8 of rule refer to them because I have a different Mr. SESSIONS. Mr. Speaker, I yield XX, the Chair will postpone further point of view. I am from Florida. The myself such time as I may consume. proceedings today on motions to sus- United States Supreme Court made a We had the opportunity to hear from pend the rules on which a recorded vote decision that I thoroughly disagree or the yeas and nays are ordered or on with. But at the very same time, I re- the gentleman from Missouri to enun- ciate not only what was in his heart which the vote is objected to under spected that decision and went about clause 6 of rule XX. my business, because it is the Supreme about this Pledge of Allegiance, and I believe he supported very strongly the RECORD votes on postponed questions Court. We have three branches of gov- will be taken tomorrow. ernment, not one that can make all of belief of exactly why we are here today f the laws. for the Flag Protection Act. I think Mr. AKIN. Mr. Speaker, if the gen- that there are many people in the PINE SPRINGS LAND EXCHANGE tleman will yield, I appreciate what United States that simply do not like ACT the gentleman is saying, and I think the Pledge of Allegiance and would wish and choose to change that. Mr. NEUGEBAUER. Mr. Speaker, I that what the gentleman is saying gets move to suspend the rules and pass the to the heart of our disagreement on We have heard the gentleman from bill (H.R. 4806) to provide for a land ex- this point. Florida suggest that the world and this change involving Federal lands in the The gentleman said that the Su- country will be much different in the Lincoln National Forest in the State of preme Court has made decisions that future, and while I cannot argue with New Mexico, and for other purposes, as he strongly disagrees with, but he re- the gentleman that I think change is amended. fused even to open his mouth hardly to incumbent and will always happen, I The Clerk read as follows: think that there are some things that refer to them other than in this con- H.R. 4806 text. are worthy of keeping, that we should My sense is the three coequal hold dear and important to this Na- Be it enacted by the Senate and House of Rep- resentatives of the United States of America in branches of government means that we tion. And one of them is the Pledge of Congress assembled, have a right to speak when we disagree Allegiance to the flag. SECTION 1. SHORT TITLE. and that we have even a responsibility I think it is one of the reasons why, to express that disagreement. And so This Act may be cited as the ‘‘Pine Springs when new citizens come to this country Land Exchange Act’’. our difference of opinion is that the and they become citizens, that tears SEC. 2. LAND EXCHANGE, LINCOLN NATIONAL gentleman really sees them as su- stream down their eyes as they raise FOREST, NEW MEXICO. preme, as the final decision on every- their hand, as a Federal judge or a Fed- (a) DEFINITIONS.—In this section: thing, and regardless of what they say, eral magistrate will administer their (1) FEDERAL LAND.—The term ‘‘Federal land’’ we have to suck it in and live with it. oath, and then they will say the Pledge means the three parcels of land, and any im- What I am saying is, that is alien to of Allegiance. And people who are provements thereon, comprising approximately the thinking of our Founders. It is today fighting terrorism and represent 80 acres in the Lincoln National Forest, New Mexico, as depicted on the map entitled ‘‘Pine completely wrong. our United States military, they stand Out of my State, I say to the gen- Springs Land Exchange’’ and dated May 25, up at attention before our flag. They 2004, and more particularly described as S1/ tleman, came the Dred Scott decision understand that the United States of 2SE1/4NW1/4, SW1/4SW1/4, W1/2E1/2NW1/4SW1/4, on slavery. I would not sit here and America is not perfect, and there may and E1/2W1/2NW1/4SW1/4 of section 32 of town- say, oh, I have to sit here and live with be changes in our future. But I believe ship 17 south, range 13 east, New Mexico Prin- it. They are wrong, just as you and I that they also believe that one thing cipal Meridian. can be wrong. We all make mistakes. should not change, and that is the (2) NON-FEDERAL LAND.—The term ‘‘non-Fed- Mr. HASTINGS of Florida. Mr. Pledge of Allegiance to the flag of the eral land’’ means the parcel of land owned by Speaker, again reclaiming my time, Lubbock Christian University comprising ap- United States of America. Every day, proximately 80 acres, as depicted on the map re- the fact of the matter is that the Dred when we open the United States Con- Scott decisions, Plessy v. Ferguson, a ferred to in paragraph (1) and more particularly gress, we respectfully give our thanks described as N1/2NW1/4 of section 24 of township litany of decisions were changed over not only to God, and certainly the 17 south, range 12 east, New Mexico Principal time. words right over your head there, Mr. Meridian. One thing I would urge my colleague Speaker, ‘‘in God we trust’’ are stated (b) LAND EXCHANGE REQUIRED.— to really pay attention to, I will give from the podium up front, but also we (1) EXCHANGE.—In exchange for the convey- him an illustration of two of this Na- say the Pledge of Allegiance to the ance of the non-Federal land by Lubbock Chris- tian University, the Secretary of Agriculture tion’s most prominent judges: One, flag. Felix Frankfurter; and the other, Hugo shall convey to Lubbock Christian University, Black. Hugo Black was a former mem- This body has been used as an at- by quit-claim deed, all right, title, and interest of the United States in and to the Federal land. ber of the Ku Klux Klan, and Felix tempt to publicize and perhaps politicize the Pledge of Allegiance to the The conveyance of the Federal land shall be Frankfurter was an activist American subject to valid existing rights and such addi- civil libertarian. And when they went flag of the United States of America. I think that it is a right thing that we tional terms and conditions as the Secretary on the United States Supreme Court, considers appropriate to protect the interests of they were ideological opposites. Over will stand up for the Flag Protection the United States. To the extent practicable, the course of time and events, if the Act. I think it is the right thing to do, and subject to paragraph (2), the Secretary shall gentleman will read their decisions, and I encourage all of my colleagues to complete the land exchange not later than one they changed. not only stand up for this flag but for year after the date of the enactment of this Act. My fear, as I have said, is, one day, this wonderful legislation, for tradi- (2) ACCEPTABLE TITLE.—Title to the non-Fed- eral land shall conform with the title approval we are no longer going to be in Con- tional American values and our Found- ing Fathers’ intent. standards of the Attorney General applicable to gress. One day, mark my words, a dif- Federal land acquisitions and shall otherwise be ferent party will be in the majority. Mr. Speaker, I yield back the balance acceptable to the Secretary. One day, conditions in the United of my time, and I move the previous (3) COSTS OF IMPLEMENTING THE EXCHANGE.— States will be different. One day, world question on the resolution. The costs of implementing the land exchange affairs will dictate an altered world re- shall be shared equally by the Secretary and ality. I ask my colleagues to vote b 1845 Lubbock Christian University. against the underlying bill because if (c) TREATMENT OF MAP AND LEGAL DESCRIP- TIONS.—The Secretary and Lubbock Christian the reaction to these different sce- The previous question was ordered. The resolution was agreed to. University may correct any minor error in the narios goes beyond the constitutional map referred to in subsection (a)(1) or the legal limit, we would have already created A motion to reconsider was laid on descriptions of the Federal land and non-Fed- the precedent that Congress cannot be the table. eral land. In the event of a discrepancy between

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00065 Fmt 4634 Sfmt 6333 E:\CR\FM\K22SE7.166 H22PT1 H7396 CONGRESSIONAL RECORD — HOUSE September 22, 2004 the map and legal descriptions, the map shall land in the Lincoln National Forest in Mr. Speaker, I have no further re- prevail unless the Secretary and Lubbock Chris- the State of New Mexico. quests for time, and I yield back the tian University otherwise agree. The map shall This legislation would exchange 80 balance of my time. be on file and available for inspection in the Of- acres between the Lincoln National Mr. NEUGEBAUER. Mr. Speaker, I fice of the Chief of the Forest Service and the Forest and Lubbock Christian Univer- Office of the Supervisor of Lincoln National yield back the balance of my time. Forest. sity for a much-needed expansion of The SPEAKER pro tempore. The (d) EQUAL VALUE EXCHANGES.—The fair mar- the University’s Pine Spring Camp. question is on the motion offered by ket values of the Federal land and non-Federal The camp is used in the summer for the gentleman from Texas (Mr. land exchanged under subsection (b) shall be week-long camp sessions, and utilized NEUGEBAUER) that the House suspend equal or, if they are not equal, shall be equal- in the winter by college groups, youth the rules and pass the bill, H.R. 4806, as ized in the manner provided in section 206 of the groups, and churches for retreats. In amended. Federal Land Policy Management Act of 1976 recent years, the camp has seen an in- The question was taken; and (two- (43 U.S.C. 1716). The fair market value of the crease in its visitors and will soon run thirds having voted in favor thereof) land shall be determined by appraisals accept- out of room, forcing the camp to turn able to the Secretary and Lubbock Christian the rules were suspended and the bill, University. The appraisals shall be performed in visitors away. Both the camp and Lub- as amended, was passed. conformance with subsection (d) of such section bock Christian University are non- A motion to reconsider was laid on and the Uniform Appraisal Standards for Fed- profit. the table. While the land exchange takes place eral Land Acquisitions. f (e) REVOCATION AND WITHDRAWAL.— in the gentleman from New Mexico’s (1) REVOCATION OF ORDERS.—Any public or- (Mr. PEARCE) district, LCU is in my REPORT ON RESOLUTION WAIVING ders withdrawing any of the Federal land from district and approached me for assist- A REQUIREMENT OF CLAUSE 6(A) appropriation or disposal under the public land ance for this issue. I would like to OF RULE XIII WITH RESPECT TO laws are revoked to the extent necessary to per- thank the gentleman from New Mexico CONSIDERATION OF CERTAIN mit disposal of the Federal land. RESOLUTIONS REPORTED FROM (2) WITHDRAWAL OF FEDERAL LAND.—Subject (Mr. PEARCE) for his willingness to to valid existing rights, pending the completion work with me on this issue, and I THE COMMITTEE ON RULES of the land exchange, the Federal land is with- thank him for cosponsorship and sup- Mr. LINDER (during consideration of drawn from all forms of location, entry and pat- port of this bill. Additionally, I would H.R. 4045), from the Committee on ent under the public land laws, including the like to thank and recognize Lubbock Rules, submitted a privileged report mining and mineral leasing laws and the Geo- Christian University not only for pro- (Rept. No. 108–695) on the resolution (H. thermal Steam Act of 1970 (30 U.S.C. 1001 et viding recreation and outdoor opportu- Res. 785) waiving a requirement of seq.). nities for students, but also for its no- (f) ADMINISTRATION OF LAND ACQUIRED BY clause 6(a) of rule XIII with respect to table contributions to the community UNITED STATES.— consideration of certain resolutions re- (1) BOUNDARY ADJUSTMENT.—Upon acceptance of Lubbock and the State of Texas. ported from the Committee on Rules, of title by the Secretary of the non-Federal I urge support of this important which was referred to the House Cal- land, the acquired land shall become part of the measure. endar and ordered to be printed. Lincoln National Forest, and the boundaries of Mr. Speaker, I reserve the balance of the Lincoln National Forest shall be adjusted to my time. f include the land. For purposes of section 7 of (Mrs. CHRISTENSEN asked and was MOKELUMNE RIVER FEASIBILITY the Land and Water Conservation Fund Act of given permission to revise and extend STUDY 1965 (16 U.S.C. 460l–9), the boundaries of the her remarks.) Lincoln National Forest, as adjusted pursuant Mrs. CHRISTENSEN. Mr. Speaker, I Mr. NEUGEBAUER. Mr. Speaker, I to this paragraph, shall be considered to be yield myself such time as I may con- move to suspend the rules and pass the boundaries of the Lincoln National Forest as of sume. bill (H.R. 4045) to authorize the Sec- January 1, 1965. Mr. Speaker, H.R. 4806, the Pine retary of the Interior to prepare a fea- (2) MANAGEMENT.—The Secretary shall man- sibility study with respect to the age the acquired land in accordance with the Springs Land Exchange takes approximately 80 acres of forest lands in the Mokelumne River, and for other pur- Act of March 1, 1911 (commonly known as the poses, as amended. Weeks Act; 16 U.S.C. 480, 500, 513–519, 521, 552, Lincoln National Forest and exchanges 563), and in accordance with the other laws and that for private land currently owned The Clerk read as follows: regulations applicable to National Forest System by Lubbock Christian University. H.R. 4045 lands. Currently, Lubbock Christian Uni- Be it enacted by the Senate and House of Rep- (g) RELATION TO OTHER LAWS.—Subchapters versity operates a summer camp in resentatives of the United States of America in II and III of chapter 5 of title 40, United States New Mexico on private land adjacent to Congress assembled, Code, and the Agriculture Property Manage- Lincoln National Forest. Their summer SECTION 1. AUTHORIZATION OF MOKELUMNE ment Regulations shall not apply to any action camp program has reached its capacity RIVER REGIONAL WATER STORAGE taken pursuant to this section. AND CONJUNCTIVE USE PROJECT and the university desires to expand STUDY. The SPEAKER pro tempore. Pursu- onto adjacent Forest Service lands. ant to the rule, the gentleman from Pursuant to the Reclamation Act of 1902 (32 In exchange for approximately 80 Stat. 388) and Acts amendatory thereof and sup- Texas (Mr. NEUGEBAUER) and the gen- acres of lands adjacent to their exist- plemental thereto, the Secretary of the Interior tlewoman from the Virgin Islands (Mrs. ing camp, Lubbock Christian Univer- (hereafter in this Act referred to as the ‘‘Sec- CHRISTENSEN) each will control 20 min- sity will provide the Forest Service retary’’) is authorized to prepare a feasibility utes. with approximately 80 acres of pri- study entitled the ‘‘Mokelumne River Regional The Chair recognizes the gentleman vately owned lands surrounded by Fed- Water Storage and Conjunctive Use Project from Texas (Mr. NEUGEBAUER). Study’’ for a project to provide additional water eral forests. supply and improve water management flexi- GENERAL LEAVE Our committee has worked hard to bility through the development of new water Mr. NEUGEBAUER. Mr. Speaker, I refine language that will make this ex- storage and conjunctive use programs. ask unanimous consent that all Mem- change fair to the U.S. taxpayer. The SEC. 2. USE OF REPORTS AND OTHER INFORMA- bers may have 5 legislative days within bill we are considering today requires TION. which to revise and extend their re- that the exchange be of equal value. If In developing the Mokelumne River Regional marks and include extraneous material the land appraisals determine that the Water Storage and Conjunctive Use Project on H.R. 4806. parcels are not of equal value, the bill Study, the Secretary shall use, as appropriate, The SPEAKER pro tempore. Is there provides for the equalization of values reports and any other relevant information sup- objection to the request of the gen- through cash payments. plied by the Mokelumne River Water and Power tleman from Texas? We appreciate that land exchanges Authority, the East Bay Municipal Utility Dis- trict and other stakeholders. There was no objection. can often be controversial. However, SEC. 3. DEADLINE. Mr. NEUGEBAUER. Mr. Speaker, I we have tried very hard to ensure that The Secretary shall complete the Mokelumne yield myself such time as I may con- this package consolidates Federal own- River Regional Water Storage and Conjunctive sume. ership in some parts of the forests Use Project Study and provide copies of that Mr. Speaker, H.R. 4806 would author- while enabling Lubbock Christian Uni- study to the Committee on Resources of the ize a land exchange involving Federal versity to expand its summer camp. House of Representatives and the Committee on

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00066 Fmt 4634 Sfmt 6333 E:\CR\FM\A22SE7.054 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7397 Energy and Natural Resources of the Senate not As passed by the Committee on Re- but the Legislature of the Virgin Islands has not later than 2 years after the date of the enact- sources, this legislation also expressly confirmed a nominee within 90 days after receiv- ment of this Act. protects State water law and current ing the list pursuant to section 2(d), the Gov- SEC. 4. COST SHARES. permits and agreements on the river. ernor shall appoint from such list a Chief Fi- (a) FEDERAL SHARE.—The Federal share of nancial Officer on an acting basis until the Leg- Mr. Speaker, this bill will help pro- islature consents to a Chief Financial Officer. the costs of the Mokelumne River Regional vide a much needed solution to a grow- Water Storage and Conjunctive Use Project (2) ACTING CHIEF FINANCIAL OFFICER.—If a Study shall not exceed 50 percent of the total ing water problem, and I urge my col- Chief Financial Officer has not been appointed cost of the study. leagues to support this legislation. under paragraph (1) within 180 days after the date of the enactment of this Act, the Virgin Is- (b) IN-KIND CONTRIBUTIONS.—The Secretary Mr. Speaker, I reserve the balance of shall accept, as appropriate, such in-kind con- my time. lands Chief Financial Officer Search Commis- tributions of goods or services from the (Mrs. CHRISTENSEN asked and was sion, by majority vote, shall appoint from the names on the list submitted under section 2(d), Mokelumne River Water and Power Authority given permission to revise and extend an Acting Chief Financial Officer to serve in as the Secretary determines will contribute to her remarks.) that capacity until a Chief Financial Officer is the conduct and completion of the Mokelumne Mrs. CHRISTENSEN. Mr. Speaker, I appointed under the first sentence of paragraph River Regional Water Storage and Conjunctive (1). In either case, if the Acting Chief Financial Use Project Study. Goods and services accepted yield myself such time as I may con- Officer serves in an acting capacity for 180 con- under this section shall be counted as part of sume. secutive days, without further action the Acting the non-federal cost share for that study. Mr. Speaker, this bill would authorize the Secretary of the Interior to Chief Financial Officer shall become the Chief SEC. 5. WATER RIGHTS. Financial Officer. Nothing in this Act shall be construed to in- work with local interests to study pos- (b) TRANSFER OF FUNCTIONS.— validate, preempt, or create any exception to sible projects to stabilize groundwater (1) IN GENERAL.—Upon the appointment of a State water law, State water rights, or Federal levels in San Joaquin County in Cali- Chief Financial Officer under subsection (a), or State permitted activities or agreements. fornia. the functions of the Director of the Office of SEC. 6. AUTHORIZATION OF APPROPRIATIONS. I appreciate the efforts made by the Management and Budget established under the There is authorized to be appropriated to the chairman of the Committee on Re- laws of the Virgin Islands shall be transferred to Secretary $3,000,000 for the Federal cost share of the Chief Financial Officer. All employees of the sources and the author of this bill, the Office of Management and Budget become em- the Mokelumne River Regional Water Storage gentleman from California (Mr. and Conjunctive Use Project Study. ployees of the Office of the Chief Financial Offi- POMBO), to accommodate the concerns The SPEAKER pro tempore. Pursu- cer. of neighboring water users. Section 2 of (2) DOCUMENTS PROVIDED.—The heads of each ant to the rule, the gentleman from the bill was amended in committees to department of the Government of the Virgin Is- Texas (Mr. NEUGEBAUER) and the gen- allow the participation of the East Bay lands, in particular the head of the Department tlewoman from the Virgin Islands (Mrs. Municipal Utility District as this of Finance of the Virgin Islands and the head of CHRISTENSEN) each will control 20 min- the Internal Revenue Bureau of the Virgin Is- project goes through the planning utes. lands shall provide all documents and informa- stages. The Chair recognizes the gentleman tion under the jurisdiction of that head that the We have no objection to passage of from Texas (Mr. NEUGEBAUER). Chief Financial Officer considers required to this legislation. carry out his or her functions to the Chief Fi- GENERAL LEAVE Mr. Speaker, I have no further re- nancial Officer. Mr. NEUGEBAUER. Mr. Speaker, I quests for time, and I yield back the (c) DUTIES OF CHIEF FINANCIAL OFFICER.— ask unanimous consent that all Mem- balance of my time. The duties of the Chief Financial Officer shall bers may have 5 legislative days within Mr. NEUGEBAUER. Mr. Speaker, I include the following: which to revise and extend their re- (1) Assume the functions and authority of the yield back the balance of my time. office of the Office of Management and Budget marks and include extraneous material The SPEAKER pro tempore. The established under the laws of the Virgin Islands on H.R. 4045. question is on the motion offered by as transferred under subsection (b). The SPEAKER pro tempore. Is there the gentleman from Texas (Mr. (2) Develop a report on the financial status of objection to the request of the gen- NEUGEBAUER) that the House suspend the Government of the Virgin Islands not later tleman from Texas? the rules and pass the bill, H.R. 4045, as than 6 months after appointment and quarterly thereafter. Such reports shall be available to the There was no objection. amended. Mr. NEUGEBAUER. Mr. Speaker, I public and shall be submitted to the Committee The question was taken; and (two- on Resources in the House of Representatives yield myself such time as I may con- thirds having voted in favor thereof) and the Committee on Energy and Natural Re- sume. the rules were suspended and the bill, sources in the Senate. Mr. Speaker, this legislation, au- as amended, was passed. (3) Each year certify spending limits of the thored by the distinguished chairman A motion to reconsider was laid on annual budget and whether or not the annual of the Committee on Resources, the the table. budget is balanced. gentleman from California (Mr. (4) Monitor operations of budget for compli- f ance with spending limits, appropriations, and POMBO), helps resolve a growing water CREATING OFFICE OF CHIEF FI- laws, and direct adjustments where necessary. supply problem in San Joaquin County, (5) Develop standards for financial manage- California. The area’s water supplies NANCIAL OFFICER OF THE GOV- ment, including inventory and contracting, for are being depleted because of rapid ERNMENT OF THE VIRGIN IS- the government of the Virgin Islands in general population growth, highly significant LANDS and for each agency in conjunction with the groundwater overdraft, and saline in- Mr. NEUGEBAUER. Mr. Speaker, I agency head. trusion. This situation grows worse move to suspend the rules and pass the (6) Oversee all aspects of the implementation of the financial management system provided every day. bill (H.R. 3589) to create the Office of pursuant to section 3 to ensure the coordina- This has prompted San Joaquin Chief Financial Officer of the Govern- tion, transparency, and networking of all agen- County officials to seek a more depend- ment of the Virgin Islands, as amend- cies’ financial, personnel, and budget functions. able and reliable water supply through ed. (7) Provide technical staff to the Governor extensive water development and plan- The Clerk read as follows: and legislature of the Virgin Islands for development of a deficit reduction and financial re- ning studies. H.R. 3589 H.R. 4045 authorizes limited Federal covery plan. Be it enacted by the Senate and House of Rep- (d) DEPUTY CHIEF FINANCIAL OFFICER.—Until assistance to complete this effort. The resentatives of the United States of America in the date that is 5 years after the date of the en- project study authorized in this legisla- Congress assembled, actment of this Act, the position of the Director tion will examine ways to capture flood SECTION 1. CHIEF FINANCIAL OFFICER OF THE of the Office of Management and Budget of the flows from an area river in order to de- VIRGIN ISLANDS. Virgin Islands shall— velop up to 65,000 new acre feet of (a) APPOINTMENT OF CHIEF FINANCIAL OFFI- (1) have the duties, salary (as specified in sub- water. The study will also determine CER.— section (f)(3)), and other conditions of the Dep- whether or not the project construc- (1) IN GENERAL.—The Governor of the Virgin uty Chief Financial Officer in lieu of the duties, Islands shall appoint a Chief Financial Officer, salary, and other conditions of the Director of tion is even feasible, since current with the advice and consent of the Legislature the Office of Management and Budget of the water rights on the river, economic of the Virgin Islands, from the names on the list Virgin Islands as such functions existed before factors, and potential environmental required under section 2(d). If the Governor has the appointment of the Chief Financial Officer; impacts will be examined. nominated a person for Chief Financial Officer and

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00067 Fmt 4634 Sfmt 6333 E:\CR\FM\A22SE7.060 H22PT1 H7398 CONGRESSIONAL RECORD — HOUSE September 22, 2004 (2) assist the Chief Financial Officer in car- (F) 1 individual appointed by the President of The SPEAKER pro tempore. Pursu- rying out the duties of the Chief Financial Offi- the University of the Virgin Islands. ant to the rule, the gentleman from (G) 1 individual appointed by the Chief Judge cer. Texas (Mr. NEUGEBAUER) and the gen- (e) CONDITIONS RELATED TO CHIEF FINANCIAL of the Virgin Islands Territorial Court. tlewoman from the Virgin Islands (Mrs. OFFICER.— (H) 1 individual, who is a resident of St. John, (1) TERM.—The Chief Financial Officer shall appointed by the At-Large Member of the Legis- CHRISTENSEN) each will control 20 min- be appointed for a term of 5 years. lature of the Virgin Islands. utes. (2) REMOVAL.—The Chief Financial Officer (I) 1 individual appointed by the Advocates The Chair recognizes the gentleman shall not be removed except for cause. An Acting for the Preservation of the Retirement System. from Texas (Mr. NEUGEBAUER). Chief Financial Officer may be removed for (2) TERMS.— GENERAL LEAVE cause or by a Chief Financial Officer appointed (A) IN GENERAL.—Each member shall be ap- Mr. NEUGEBAUER. Mr. Speaker, I with the advice and consent of the Legislature pointed for the life of the Commission. (B) VACANCIES.—A vacancy in the Commission ask unanimous consent that all Mem- of the Virgin Islands. bers may have 5 legislative days within (3) REPLACEMENT.—If the Chief Financial Of- shall be filled in the manner in which the origi- ficer is unable to continue acting in that capac- nal appointment was made. Any member ap- which to revise and extend their re- ity due to removal, illness, death, or otherwise, pointed to fill a vacancy shall be appointed for marks and include extraneous material another Chief Financial Officer shall be selected the remainder of that term. on H.R. 3589. in accordance with subsection (a). (3) BASIC PAY.—Members shall serve without The SPEAKER pro tempore. Is there (4) SALARY.—The Chief Financial Officer pay. objection to the request of the gen- shall be paid at a salary to be determined by the (4) QUORUM.—Five members of the Commis- tleman from Texas? Governor of the Virgin Islands, except such rate sion shall constitute a quorum. There was no objection. may not be less than the highest rate of pay for (5) CHAIRPERSON.—The Chairperson of the Commission shall be the Chief Judge of the Ter- Mr. NEUGEBAUER. Mr. Speaker, I a cabinet officer of the Government of the Vir- yield myself such time as I may con- gin Islands or a Chief Financial Officer serving ritorial Court or her designee and shall serve as an ex officio member of the Commission and sume. in any government or semiautonomous agency. Mr. Speaker, the gentlewoman from (f) CONDITIONS RELATED TO DEPUTY CHIEF FI- shall vote only in the case of a tie. (6) MEETINGS.—The Commission shall meet at NANCIAL OFFICER.— the Virgin Islands (Mrs. CHRISTENSEN) (1) TERM; REMOVAL.—The Deputy Chief Fi- the call of the Chairperson. The Commission has introduced this legislation to ad- nancial Officer shall serve at the pleasure of the shall meet for the first time not later than 15 dress a potentially serious problem re- Chief Financial Officer. days after all members have been appointed lating to her territory’s financial fu- (2) REPLACEMENT.—If the Deputy Chief Fi- under this subsection. ture. Her legislation, H.R. 3589, will (7) GOVERNMENT EMPLOYMENT.—Members may nancial Officer is unable to continue acting in create an Office of the Chief Financial that capacity due to removal, illness, death, or not be current government employees, except for the member appointed under paragraph (1)(C); Officer for the United States Virgin Is- otherwise, another person shall be selected by lands. the Governor of the Virgin Islands to serve as and Deputy Chief Financial Officer. (d) REPORT; RECOMMENDATIONS.—The Com- For over a decade now, multiple fac- (3) SALARY.—The Deputy Chief Financial Of- mission shall transmit a report to the Governor tors have lead to a worsening financial ficer shall be paid at a salary to be determined and the Resources Committee of the House of outlook in this territory. Natural dis- by the Chief Financial Officer, except such rate Representatives and the Committee on Energy asters, a gradually declining tourism may not be less than the rate of pay of the Di- and Natural Resources of the Senate not later industry, and the resulting spending rector of the Office of Management and Budget. than 60 days after its first meeting. The report decisions by the local government have (g) RESUMPTION OF FUNCTIONS.—On the date shall name the Commission’s recommendations for candidates for nomination as Chief Finan- left the U.S. Virgin Islands with sig- that is 5 years after the date of the enactment nificant annual deficits. Further, this of this Act, the functions of the Chief Financial cial Officer of the Virgin Islands. Officer shall be transferred to the Director of (e) TERMINATION.—The Commission shall ter- territory now faces a debt totaling $1 the Office of Management and Budget of the minate 210 days after its first meeting. billion. Virgin Islands. SEC. 3. FINANCIAL MANAGEMENT SYSTEM. Given this economic instability and (h) SUNSET.—This section shall cease to have It is hereby authorized to be appropriated the worsening conditions, serious ac- effect after the date that is 5 years after the such sums as necessary for the installation of a tions should be considered. For this date of the enactment of this Act. Financial Management System, including ap- reason, the Delegate has introduced SEC. 2. ESTABLISHMENT OF COMMISSION. propriate computer hardware and software, to 3589. This legislation uses local and the Government of the Virgin Islands. Upon be- (a) ESTABLISHMENT.—There is established a Federal input to select an Office of the commission to be known as the ‘‘Virgin Islands coming available, the financial management system shall be available to the Chief Financial Chief Financial Officer. The CFO will Chief Financial Officer Search Commission’’. tackle the difficult fiscal and related (b) DUTY OF COMMISSION.—The Commission Officer and, after the date that is 5 years after shall recommend to the Governor not less than the date of the enactment of this Act, the Direc- political decisions with regard to 3 candidates for nomination as Chief Financial tor of the Office of Management and Budget of spending on these islands. Officer of the Virgin Islands. Each candidate the Virgin Islands, to assist the Chief Financial It is important to note that this indi- must have demonstrated ability in general man- Officer or the Director of the Office of Manage- vidual and his or her staff will func- agement of, knowledge of, and extensive prac- ment and Budget of the Virgin Islands, as the tionally be independent of the execu- tical experience at the highest levels of financial case may be, to carry out the official duties of tive and legislative branches of the management in governmental or business enti- that office. local government. This position will be ties and must have experience in the develop- SEC. 4. DEFINITIONS. temporary and will be empowered to ment, implementation, and operation of finan- For the purposes of this Act, the following definitions apply: stop wasteful spending and put this cial management systems. Candidates shall not territory back on the track to more have served in a policy making or unclassified (1) CHIEF FINANCIAL OFFICER.—In sections 1 position of the Government of the Virgin Islands and 2, the term ‘‘Chief Financial Officer’’ means sound economic footing. in the 10 years immediately preceding appoint- a Chief Financial Officer or Acting Chief Fi- Without this legislation, one must ment as Chief Financial Officer. nancial Officer, as the case may be, appointed worry that the Federal Government (c) MEMBERSHIP.— under section 1(a). may have to take an even more serious (1) NUMBER AND APPOINTMENT.—The Commis- (2) COMMISSION.—The term ‘‘Commission’’ action if this debt continues to in- sion shall be composed of 9 members appointed means the Virgin Islands Chief Financial Offi- crease. I am thus hopeful that the not later than 30 days after the date of the en- cer Search Commission established pursuant to section 2. House can support the gentlewoman actment of this Act. Persons appointed as mem- from the Virgin Islands’ (Mrs. bers must have recognized business, government, (3) GOVERNOR.—The term ‘‘Governor’’ means or financial expertise and experience and shall the Governor of the Virgin Islands. CHRISTENSEN) bill so that we can begin be appointed as follows: (4) REMOVAL FOR CAUSE.—The term ‘‘removal to address the dire financial situation (A) 1 individual appointed by the Governor of for cause’’ means removal based upon mis- in this territory. the Virgin Islands. conduct, failure to meet job requirements, or Finally, I would like to point out (B) 1 individual appointed by the President of any grounds that a reasonable person would that H.R. 3589, as amended, was passed the Legislature of the Virgin Islands. find grounds for discharge. by the Committee on Resources by (C) 1 individual, who is an employee of the SEC. 5. NO ABROGATION OF POWERS. voice vote on July 14, and I appreciate Nothing in this Act shall be construed to per- Government of the Virgin Islands, appointed by the bipartisan work of the committee the Central Labor Council of the Virgin Islands. mit the Governor and Legislature of the Virgin (D) 1 individual appointed by the Chamber of Islands to dilute, delegate, or otherwise alter or in acting quickly on this legislation. Commerce of St. Thomas-St. John. weaken the powers and authority of the Office I hope we can act in the same bipar- (E) 1 individual appointed by the Chamber of of Management and Budget established under tisan fashion. I urge adoption of this Commerce of St. Croix. the laws of the Virgin Islands. bill.

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.055 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7399 Mr. Speaker, I reserve the balance of unfortunate reality that the territory’s As has been noted this evening, the finan- my time. managers and lawmakers have not sub- cial condition of the Virgin Islands is in trouble. (Mrs. CHRISTENSEN asked and was stantively addressed the imbalance be- Skyrocketing deficits coupled with inadequate given permission to revise and extend tween the needs and demands of the fiscal controls have left the local government her remarks.) community and its revenues. struggling to provide basic services to the peo- Mrs. CHRISTENSEN. Mr. Speaker, I It was not, and still is not, my inten- ple of the Virgin Islands. yield myself such time as I may con- tion in introducing H.R. 3589 to cast as- The potential financial insolvency of the ter- sume. persions on the fiscal policies of the ritory did not occur overnight. Nevertheless the Mr. Speaker, I want to begin by current administration or the legisla- introduction of this measure, by the distin- thanking the gentleman from Cali- ture or past ones. However, I feel very guished representative of the Virgin Islands, fornia (Mr. POMBO) and the ranking strongly that I could not sit idly by DONNA CHRISTENSEN, was still met with con- member, the gentleman from West Vir- while we continue to face fiscal crisis troversy and opposition from many local polit- ginia (Mr. RAHALL), for their support in after fiscal crisis without offering some ical leaders. making it possible for H.R. 3589 to get solution to temper or soften the dif- DONNA CHRISTENSEN has made it clear that through the committee and be on the ficult decisions that we ourselves, not this legislation is something that she would floor of the House today. I am really the Federal Government, have to make rather not have done, but the circumstances of heartened by the support I received to get us out of this roller-coaster ap- her territory have made the choices for her. from both sides of the leadership and proach to managing our fiscal affairs. She is a brave woman for fighting for what the members of my committee, the Nevertheless, in taking this action, I she believes is in the best interest of her con- hard work of the staff, as well as from was opposed by the governor and lieu- stituents and for her island and she should be commended. the gentlewoman from the District of tenant governor, as well as my party Virgin Islands history will show that this leg- Columbia (Ms. NORTON), and members leadership back home, who disagreed with this approach. A resolution that islation was a turning point in the fundamental of the Congressional Black Caucus on approach that the territory handles its financial this issue, which I believe to be impor- went so far as to condemn my action was passed by the Members of the 25th affairs. Indeed, this evening may one day be tant to the short and long term well- looked upon by the residents of the Virgin Is- being of the Virgin Islands. legislature, but the people of the Vir- gin Islands, who have long called for lands as one of those rare moments when his- I want to thank the ranking member, tory itself seemed to hold its breath. When the the gentleman from West Virginia (Mr. accountability and transparency in our government, have supported this bill voice of the people, on that beautiful RAHALL), for standing shoulder to Carribean island, rose louder and louder and shoulder with me on this issue in the strongly from the outset. As I reflect on what led me to this thundered over various political obstacles and face of significant opposition and in- point today, I am reminded of a quote was heard, and acted upon, in this hallowed sisting that my bill be a top priority of by Dr. Martin Luther King, Jr., which chamber that is the U.S. House of Represent- the Democratic Caucus of our com- was brought to my attention by a local atives. mittee. attorney, in which Dr. King said, ‘‘The I have said it before, and I will say it again Mr. Speaker, today is a day of great ultimate measure of a man is not this evening. When the next chapter in Profiles moment for the people of the Virgin Is- where he,’’ or she, I would say, ‘‘stands in Courage is written, it will be about the lands and for me because with passage in moments of comfort and conven- gentlelady from the Virgin Islands, DONNA of this bill we are a significant step ience, but where they stand in times of CHRISTENSEN. I urge my colleagues to support favorable closer to achieving a goal to put in challenge and controversy.’’ place a mechanism to address the fiscal Mr. Speaker, we are indeed facing passage by this body of H.R. 3589. Mr. NEUGEBAUER.Mr. Speaker, I challenges that continue to face our challenging and difficult times in the territory. Many Members’ districts yield back the balance of my time. Virgin Islands. The actions of those of The SPEAKER pro tempore (Mr. have been in similar situations, and us in leadership today will have pro- Members have addressed them in simi- TERRY). The question is on the motion found effects for our future. offered by the gentleman from Texas lar ways. While H.R. 3589 will not be a panacea (Mr. NEUGEBAUER) that the House sus- I have introduced this bill before us or solve all of our problems, it will help pend the rules and pass the bill, H.R. today, H.R. 3589, because throughout to keep our finances in order and pre- 3589, as amended. my tenure as the Representative of the vent us from sinking further into a fis- people of the Virgin Islands in the The question was taken; and (two- cal black hole. thirds having voted in favor thereof) House of Representatives, I have seen I urge my colleagues to support this the rules were suspended and the bill, the territory’s fiscal condition come bill, and I again want to thank the gen- dangerously close to collapse on sev- as amended, was passed. tleman from California (Chairman A motion to reconsider was laid on eral occasions. POMBO) and the gentleman from West the table. In the absence of any similar local Virginia (Ranking Member RAHALL) action being taken, I believe that the and the staff. f only course to reverse this trend is to Mr. Speaker, I yield back the balance MOTION TO INSTRUCT CONFEREES create an office with the independence of my time. ON H.R. 1308, TAX RELIEF, SIM- and the authority to help us exercise Mr. NEUGEBAUER. Mr. Speaker, I PLIFICATION, AND EQUITY ACT the fiscal restraint and better fiscal yield myself such time as I may con- OF 2003 management of both Federal and local sume. Mr. MOORE. Mr. Speaker, I offer a funds, something all of our local lead- I would just like to commend the motion to instruct. ership agrees must be done. gentlewoman for bringing this solution The SPEAKER pro tempore. The Mr. Speaker, it has not been easy for forward and for taking on the responsi- Clerk will report the motion. me to watch the fiscal health of the bility of representing and making sure The Clerk read as follows: territory steadily decline since I have that the folks in her island are rep- Mr. Moore moves that the managers on the been in office. Since the middle 1990s, resented correctly. part of the House at the conference on the successive administrations and legisla- So I commend her for that and for disagreeing votes of the two Houses on the tures have, for good reason, not been her great work on this. House amendment to the Senate amendment able to maintain sound fiscal manage- Mr. RAHALL. Mr. Speaker, in my capacity to the bill H.R. 1308 be instructed to agree, to the maximum extent possible within the ment and financial policies. as the Ranking Democratic Member of the Re- sources Committee, I would like to register my scope of conference, to a conference report b 1900 that— strong support of H.R. 3589, to create the of- (1) extends the tax relief provisions which While some of the reasons for this fice of chief financial officer for the territory of expire at the end of 2004, and condition have been outside of our con- the U.S. Virgin Islands. I commend the (2) does not increase the federal budget def- trol, such as recurrent catastrophic gentlelady from the U.S. Virgin Islands, DONNA icit. hurricanes and the tax cuts and credits CHRISTENSEN, for her tireless work in getting The SPEAKER pro tempore. Pursu- passed by Congress, much of the blame this legislation to the floor for our consider- ant to clause 7 of rule XXII, the gen- for this condition can be traced to the ation. tleman from Kansas (Mr. MOORE) and

VerDate Aug 04 2004 04:24 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.176 H22PT1 H7400 CONGRESSIONAL RECORD — HOUSE September 22, 2004 the gentleman from Texas (Mr. BRADY) Office projects that the national debt, tics, because it is not about Democrats each will control 30 minutes. our national debt, will exceed $10 tril- and Republicans, and to vote for this The Chair recognizes the gentleman lion in just a little more than 4 years motion to instruct. from Kansas (Mr. MOORE). under our current budget policies, $10 Mr. Speaker, I reserve the balance of Mr. MOORE. Mr. Speaker, I yield my- trillion. my time. self such time as I may consume. Just a few hours ago, by an over- Mr. BRADY of Texas. Mr. Speaker, I Mr. Speaker, this is really a straight- whelming vote of 404 to 8, the House yield myself such time as I may con- forward motion to instruct the tax con- passed the Stenholm amendment to the sume. ferees. The motion calls on Congress to Transportation, Treasury appropria- Mr. Speaker, I agree with my col- extend middle-class tax relief without tions bill which would prohibit the Sec- league that the national debt is an im- increasing the Federal budget deficit. retary of the Treasury from raiding portant issue that needs to be taken se- There is broad, bipartisan support in government retirement funds to avoid riously. I know for much of my life- Congress for extending the middle- breaching the debt limit. I hope that time, under Democratic control of Con- class tax relief that expires at the end Congress will keep the Stenholm gress, America begged legislators to of this year, and the House will soon amendment in the Transportation, balance the budget, but they went have a chance to vote on extension of Treasury conference report and force deeper and deeper in debt each year. I the relief. the Federal Government to take re- am grateful that when Republicans But, Mr. Speaker, there is also bipar- sponsibility for its fiscal policies. took control of the House that they tisan support for the reinstatement of As the House moves to consider an worked with President Clinton to bal- PAYGO rules that expired nearly 2 extension of tax relief, we should keep ance the budget, indeed, not just to do years ago. Extending PAYGO rules in mind that the one tax that will that but to start paying off the na- would have the effect of getting our fis- never go away, Mr. Speaker, is the debt tional debt. It is terribly frustrating to me when cal house back in order and forcing the tax. The debt tax is the interest we pay I see the triple hit that America took, Federal Government to live within its on our national debt, almost $1 billion the attacks on 9/11 that cost us almost means, to live within a budget. a day. That is $1 billion a day. Last 2 million American jobs, when I see the Today, the House has an opportunity year, the debt tax accounted for 18 per- to put itself on record in support of a recession President Bush inherited cent of all government revenues, and from his predecessor and when I see the conference report that extends nec- the interest that we pay on our na- essary tax relief in a fiscally respon- collapse of our technology companies tional debt will only grow if we con- and the horrible actions of Enron and sible manner. tinue our present fiscal policies. I have strongly supported middle- WorldCom and others that have given We should not pay for tax cuts by us such a triple hit to our economy; class tax relief in the past and will con- borrowing money against our chil- tinue to support it in the future, Mr. that made it so difficult. It took away dren’s future, in effect putting a mort- so much of our revenue that we have Speaker. I support extending marriage gage on the future of our children and penalty relief. I support the increased been unable to balance the budget. grandchildren. We are taking the tax But let us be real clear about what $1,000 per child tax credit. I support the cuts now and asking for our kids and this instruction does. It requires that expanded 10 percent tax bracket, and I grandkids to pay for those tax cuts these extensions, the child tax credit also support alternative minimum tax, later, with interest, billions and tril- and the 10 percent bracket for people or AMT, tax relief. But what I find lions of dollars of interest. who do not make much and the mar- troubling is passing these tax cuts with Congress should be required to sit riage penalty relief to make sure we do borrowed money and leaving our chil- down and figure out how to make not penalize people simply because dren and grandchildren to pay our things fit within a budget, just like they are married, it requires these ex- bills, putting a $7-plus to $10 trillion families across our country do every tensions be paid for. In other words, mortgage on our children’s future. day. Almost every weekend, Mr. Speak- the motion to instruct requires more That is absolutely unacceptable. er, I go back to Kansas and I hear from than $130 billion of tax hikes or spend- Applying PAYGO rules to both man- Kansas families, Why can the people in ing cuts. I know the spending cuts will datory spending increases and tax cuts Congress not live like American fami- not be supported by my colleagues on does not, I repeat does not, prevent lies do? the other side of the aisle. This motion Congress from passing more tax cuts. They follow three simple rules: Num- does not make the tough choices re- It simply means, if we are going to re- ber 1, do not spend more money than garding which taxes to increase or duce our revenues by tax cuts, we need you make; number 2, pay off your which programs to cut. to reduce our spending by the same debts, common sense, Mr. Speaker; and The extension of family tax relief is amount. number 3, take care of basics and the already provided for in the House- This should not be about Republicans future. The basics for a family are food, passed budget resolution. That resolu- and Democrats. This should be about shelter, education, health care, trans- tion would cut the deficit in half with- the future of our country and the fu- portation, things we all write checks out raising taxes, and if we follow the ture of our children and grandchildren. for every month. The basics for our Na- House-passed budget resolution, this A bipartisan group of Senators has tion are national defense, the Social motion is not necessary. In contrast, put forth a proposal to expand the mid- Security system, a retirement system the Democratic motion we talk about dle-class tax cuts for 1 year, offset by for people who have worked hard all tonight is a zero sum game. It provides an extension of customs users fees and their lives and cannot work anymore tax relief, on one hand, and then takes closing tax loopholes. The Blue Dog co- and, just an example, some sort of na- it away, takes it from families’ pock- alition has offered a similar measure in tional highway system to move goods ets, with the other. the House that makes sense now and in around this country and keep this The House has already voted to ex- the future. economy going. tend this tax relief without raising As of 9 a.m. this morning, Mr. Speak- Yet, for years, Congress has lived be- taxes to pay for it. And if Congress er, the national debt for our country yond its means by spending more does not act, families will face a tax in- stood at $7.35 trillion, trillion with a money than it took in in revenues, and crease next year. For example, next ‘‘T’’. That raises the share of debt for we need to change that course again. year, the $1,000 child tax credit drops every citizen in this country to $25,000. We need to start living like American to $700, which is tough on a family rais- The Treasury Department estimates families do and not placing a $10-plus ing children these days. The 10 percent that the national debt will exceed the trillion mortgage on the future of our tax bracket, which helps folks who do statutory debt limit later this month children and grandchildren. not make that much money, will apply or sometime next month. Over the last to less of a person’s income. And the year alone, Mr. Speaker, our national b 1915 marriage penalty relief will provide debt has increased by $670 billion, and Mr. Speaker, I hope and I ask all the less relief for couples. over the last 3 years it has increased by Members of this House of Representa- There is a right way to tackle our $1.5 trillion. The Congressional Budget tives to, again, put aside partisan poli- spending and our national debt, and

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.179 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7401 that is to abolish obsolete Federal are spending an average of $4,400 a year Mr. Speaker, we know that we do not agencies, to cut programs that dupli- on our debt. That is a death tax, and it get support when we try to cut waste- cate themselves and to go after the is one that we will not be able to re- ful spending. And when we try to lower fraud in Medicare and Social Security. peal. the cost of our appropriation bills, my And the wrong way to tackle our debt Mr. Speaker, I want to close by re- Democratic colleagues, with some ex- is to raise taxes on hardworking fami- minding my colleagues and the Amer- ceptions, rarely argue that we are lies and parents and small businesses. ican people that the middle class is spending too much. Their argument is Mr. Speaker, I reserve the balance of being squeezed. They do not need that that we need to spend more. They want my time. reminder. They know it every day. higher spending, not less. So I know Mr. MOORE. Mr. Speaker, I yield They know it because they are paying this motion to instruct is not about re- such time as he may consume to the higher interest rates. They are paying ducing the wasteful spending in Wash- gentleman from New York (Mr. more to gas up their cars. They are ington; it is about raising taxes on ISRAEL). paying more for college tuition. They families and small businesses who can Mr. ISRAEL. Mr. Speaker, I thank are paying more for their children’s ill afford it. my good friend from Kansas, my fellow health care, more for their parents’ In my opinion, and I would think the Blue Dog, a member of the Blue Dog health care. They are paying more ev- opinion of the American public, what Coalition, which may very well be the erywhere they turn. They deserve relief we can do for tomorrow’s children is to last group of Members of this House now, and our children do not deserve to get their parents jobs today where they left that works every single day for have the buck passed to them later. are paying both their income taxes and balanced budgets and fiscal responsi- That is why I so strongly urge my their payroll taxes into Medicare and bility and against indebtedness. colleagues to heed the words of the into Social Security. Because without Mr. Speaker, I rise in support of this gentleman from Kansas. Let us put pol- an economy that is strong and vibrant, motion to instruct conferees because itics aside. Let us not harp on the past we will not have a recovery. We will this Congress needs to start taking our but start thinking about our children’s not balance the budget sooner rather children’s future into account. What future. than later, and we will not put money Mr. BRADY of Texas. Mr. Speaker, I this motion says is, extend middle into Medicare and Social Security. yield myself such time as I may con- class tax relief but do not expect future That, ultimately, is what will cost our generations of Americans to pay for sume. Mr. Speaker, the best thing we can children a death tax, not getting this that middle class tax relief. economy going and stopping wasteful Mr. Speaker, I have supported many do to pay down the debt is to make sure we are keeping revenues coming in Washington spending. of the President’s tax cuts. I under- Mr. Speaker, I reserve the balance of to the Federal Government. We do that stand and I appreciate that most mid- my time. not by raising taxes on families and dle-class families, people, that their Mr. MOORE. Mr. Speaker, I yield my- small businesses who can ill afford it. tax burdens are overwhelming. How- self such time as I may consume. We do it by getting this economy grow- ever, I believe that it is incumbent Mr. Speaker, I appreciate the coming, by reducing the amount of spend- upon us to ensure that we relieve those ments by my friend from Texas, but ing and, in fact, doing away with the burdens in a responsible manner and the only person in this chamber to- obsolete Federal agencies and all the not literally pass the buck to our chil- night, in this debate, the only person programs that duplicate each other dren and our grandchildren. in this chamber who has talked about where we waste so many of our hard- There is not a single Member of this raising taxes is the gentleman from earned tax dollars in Washington and House on either side of the aisle who Texas. I certainly have not, and I do in Federal programs. would walk into a luxury car dealer- The fact of the matter is, the reason not intend to, because that is not what ship and say to a sales person, I will we went into deficit is that the econ- my intention is at all, Mr. Speaker. I take the most expensive car you have omy took such a hard hit. And I think do not want to raise taxes. We do not on the floor with the most elaborate we fought back the right way. When want to raise taxes. What we want to fancy options, load it up as much as you look at the attacks of 9/11, when do is get our budget back in balance you can, and send my children the bill we look at the recession President and eliminate the death tax on the fu- for that car. Not a single Member Bush inherited and when we look at ture of our children and grandchildren. would do that. If we do not pay for the WorldComs and Enrons that hurt My friend from Texas, across the these tax cuts, that is exactly what we so many of us with jobs, what Repub- aisle, talks about making some hard are doing to our children. We are plac- licans in Congress did to fight back was decisions. I would challenge him to ing the burdens of our tax cuts on our to provide tax relief for families and pass this motion to instruct tonight children’s shoulders. small businesses and people who live on and let us sit down together, Repub- The national debt is over $7 trillion. a retirement income. licans and Democrats, and put aside all This year’s projected budget deficit is Our principle was simple: If we want talk about raising taxes and work on $422 billion. The Treasury Department to create jobs in Kansas, if we want to identifying where there is waste, fraud has estimated that the national debt create jobs in Texas, if we want to cre- and abuse in our budget and elimi- will exceed the statutory authority in ate jobs in America, then leave the nating that. We can do that. Again, I the next 60 days. We need to start mak- money in Kansas, in Texas, in America, am more than willing to. This motion ing better decisions on a bipartisan so it can turn around in our economy intends to extend the marriage penalty basis now on how to manage our and so it can be spent on Main Street relief, the child tax credit, extend the money. and so we can help families balance 10 percent tax credit and AMT relief. Now, conferees have options on how their budget and get this economy All of those are tax cuts that we want to implement tax extensions at little growing. And it is working. to extend. Not raise taxes, cut taxes. or no cost. Conferees have options on Despite the three hits that would But we need to work together, Mr. how to proceed in a fiscally responsible have knocked most nations’ economies Speaker, to find ways that we can manner. Conferees can help pay for to its knees, by fighting back with tax eliminate this horrible mortgage, this these cuts by closing tax loopholes, and relief for families and small businesses, horrible debt we are putting on the fu- this motion instructs them to do so. we have created over 1.5 million new ture of our children and grandchildren. Mr. Speaker, everyone who pays a jobs this past year, more than 100,000 in The folks across the aisle act as if this credit card knows that the least pro- my State of Texas. We are fighting is just no big deal. Just no big deal. ductive part of that credit card bill is back. We are not where we would like But I am concerned that, as the baby interest payments. We are paying $1 to be yet in today’s economy, but the boomers in the next 4 to 5 years start billion a day on interest on our na- worst thing we could do for America’s to retire, our children are going to tional indebtedness, interest on the de- families and for their children is to take on the debt of providing for Social cisions that we have made. We need to prolong a recession by raising taxes on Security for the baby boomers. That is bring fiscal responsibility back to this families and small businesses today. the way it has always been. That is the House. America’s middle-class families And that is what this motion does. way the system has always worked.

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.180 H22PT1 H7402 CONGRESSIONAL RECORD — HOUSE September 22, 2004 In addition to the debt of the baby have three children, 11, 9, and 6; boy, the first rush of globalization, which boomers, they are going to have the ob- boy, girl. And so when we hear about was beneficial to the United States at ligation of taking on this debt tax, relief for working families, believe me, the time. We have since seen the long- which is a billion dollars a day now I understand it. But what I also under- term downside of that. We then saw the that we pay interest on the national stand, as having been an elected offi- rise of the Internet, which was an enor- debt, not to mention, by then, a $10 cial for a while, is that in terms of mous boon to the American economy, a trillion to $12 trillion national debt and eliminating waste, fraud, and abuse, lot of it based on potential because we a deficit of who knows how much. that is something that, regardless of had not learned how to factor that in. When my friends across the aisle talk whatever the tax policy of the United The final, and I think the most im- about fiscal responsibility, we should States is, we should all be committed portant, was the collapse of the Soviet mention that the debt this year, $7.35 to doing. It is not merely a collective Union because at that point in time we trillion, the debt that stands for our burden. It is a burden that individually all thought we had a ‘‘peace dividend,’’ country right now, the deficit, $422 bil- falls on each and every single Member and the American economic activity lion, is the highest in our Nation’s his- of this Chamber and one which, if we was spurred here and was spurred tory. The highest ever. And I am not do not pursue, we are remiss. throughout the globe. What those three being partisan when I say that. My concern by linking working fami- things have been replaced with are now Again, I ask the gentleman from lies’ tax relief and tax relief for small the downside of the outsourcing prob- Texas and my friends across the aisle businesses, many of which in my dis- lems that we have. to come together with us, and let us sit trict, a manufacturing district, are tier I speak as a representative from a down and figure out a way to make one and tier two auto suppliers, is that manufacturing district. We now have this work. Let us reinstitute PAYGO in linking them to the tax relief, we the fact that not everyone is going to rules, and let us make sure that we are run the risk of holding working fami- buy things on the Internet. We have in a fiscally responsible and balanced lies’ tax relief hostage to Washington’s seen a constriction of the optimism, budget position in the future so we do big spending practices. In short, it and I think a large part of that was not impose this horrible burden on fu- amounts to the fact that no matter manifested in the dot-com boom; and, ture generations in our country. If we how much money they pay to the Fed- most importantly, we have seen the do that, Mr. Speaker, we are doing a eral Government, unless they stop rise of the war on terror. These factors disservice to our kids, to our grandkids spending even more of their money, are as much driving the shaky econ- and to our country. they will get no tax relief. That is not omy that we have in many areas of this I implore the gentleman to pass this an incentive to appropriators to stop country as anything else because we motion tonight and to sit down with appropriating too much of their replaced the perfect storm of economic me and find ways we can eliminate the money. That is not an incentive to go prosperity we saw in the 1990s with waste, fraud and abuse he has talked find waste, fraud, and abuse and end it these three detriments. about here tonight. in the Federal Government. That is an And every single American, espe- Mr. Speaker, I reserve the balance of incentive for Washington to continue cially for the war on terror, has to fig- my time. spending, because Washington will not ure out how that is going to play into Mr. BRADY of Texas. Mr. Speaker, I feel the price of their largess. They their economic outlook from their fam- yield myself 30 seconds. will. ily room to their boardroom. The mis- Mr. Speaker, I completely agree with So I think that that is my concern in take that we would make is in claim- the gentleman from Kansas that there this debate, trying to link those two ing that somehow this recession that is a shared desire to reduce this deficit, together because I do not believe work- was passed and we are coming out of in not only that but to balance the budget ing families should be punished. I do this recovery are as normal as any- and start paying down the debt. The not believe small businesses should be thing we have ever been through be- question is, how do we do it? punished. I do not believe anyone in fore. I totally disagree with that Do we raise taxes on small businesses the American economy should be pun- premise. And I think that as we con- and families or cut wasteful spending? ished for Washington appropriators’ tinue to link working-family relief or My contention is, rather than raising misspending or misappropriation of small-business relief, things that are taxes, we reduce the wasteful spending their funds. important, things that will encourage here. And I will gladly work with my In the final analysis, there is also people to make investment decisions, colleague to do so, although there is a something that we have to touch on will encourage them to come out of history against that, unfortunately, and I have touched on as a member of their shell in these difficult times both from his side of the aisle. the Committee on the Budget and I here at home economically and inter- Mr. Speaker, I yield 6 minutes to the will continue to touched on. We hear nationally in terms of the war on ter- gentleman from Michigan (Mr. much about the deficit. We hear much ror. MCCOTTER) who has been a strong ad- about inherited recessions. We can If these things are allowed to expire, vocate not only of cutting taxes for argue that we inherited a recession, as the American public, which grows this families but reducing the deficit and we heard last night; but the reality is economy, will have an even more dif- getting back to balancing the budget. that I think the numbers were about 9 ficult time figuring out how to factor Mr. MCCOTTER. Mr. Speaker, I percent of the economy was lost in one in the irrational act of terrorism into would like to join this debate for a quarter, the final quarter of the Clin- their rational economic calculations brief moment and, first, echo the re- ton administration, which I will say for they have made for years and years and marks of the gentleman from Texas the record is not a recession because it years. So my concern is, and it is and commend anyone in this institu- takes two quarters of negative growth echoed by the gentleman from Texas, is tion for their commitment to end to constitute a recession. Granted, no that that is a wrong message to send. waste, fraud and abuse within the Fed- one really works that fast that they But I would like to conclude by com- eral Government’s spending practices. can lose 9 percent of the American mending the gentleman for his com- No one party controls a monopoly on economy in one quarter, but it was mitment in trying to end waste, fraud, good ideas, and so we must always be done, which does not constitute a re- and abuse in the Federal Government. open and subject to agreeing where we cession. But as jobs follow a recovery Mr. BRADY of Texas. Mr. Speaker, I should. upward, jobs follow down too in a re- reserve the balance of my time. cession, in a collapse. Mr. MOORE. Mr. Speaker, I yield my- b 1930 In the 1990s, and I will preface this self such time as I may consume. We hear about the debt tax. My wife with what I have said, which is that we To the gentleman from Texas, I say and I live in Lavonia. We are thor- cannot blame the Clinton administra- that until 2002, we had in the Congress oughly middle class. We have both tion nor this Congress for these three here budget rules one of which was roughly working class backgrounds. things changing. I know it is hard to called PAYGO, and it required that if My parents were teachers. My wife believe, but sometimes things are out- we were going to initiate a new spend- came from a single-income family. We side our control. In the 1990s we had ing program or a new tax cut, we had

VerDate Aug 04 2004 03:17 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.181 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7403 to find a way to pay for it. This year Mr. BRADY of Texas. Mr. Speaker, I it is not our money. It is our children’s we have eliminated that and changed it yield myself such time as I may con- money and our grandchildren’s money only if we have a new spending pro- sume. that we are taking right now for feel- posal, we have to find a way to pay for Two thoughts: one, I do not think it good tax cuts and for new spending pro- it, but not a new tax cut. is responsible to try to scare our citi- grams. And if we both are sincere here, I am on the Committee on the Budg- zens with 9, 10, 14, 15 percent interest and I have the greatest confidence in et and the Committee on Financial rate predictions when we know that is the gentleman from Texas, my friend Services, and at least twice a year I not what Alan Greenspan said. And I across the aisle, I believe he is sincere, have a chance to talk to a fellow by the think even though it is election year we should sit down together, pass this name of Alan Greenspan, and every and people take great pleasure in try- motion, reinstitute the PAYGO rules time Chairman Greenspan appears, he ing to doom and gloom the economy as they existed prior to 2002 that ap- tells us how important fiscally respon- and scare average voters in America, I plied to both spending and new tax cuts sibility is, and he advocates reinsti- do not think it is the right thing to do. and go forward from there and protect tuting PAYGO rules, which expired in Secondly, I do know that we can tell the future of our country. That is the 2002, and that means as to new spend- some things from the past. And while I way we should legitimately proceed ing programs and as to tax cuts. believe my friend from Kansas is sin- here. And when the gentleman says, and I cere about wanting to address spending I am not trying to prey on anybody’s say this respectfully, our side has al- as the right way to reduce the deficit, fear. I think we have learned a big les- ways spent more money, well, to the the fact of the matter is that earlier son since the late 1970s when we had in- gentleman from Texas I say our side is this year on three different occasions, terest rates at 14, 16, 17 percent. I do not in control of the House, the Senate, his Democratic colleagues offered mo- not think that is going to happen or the Presidency. Your side is. And tions to pass tax relief for families and again. But I think we could see interest you can stop new spending if you want a child tax credit and all that, and in rates in the upper 8, 9, or 10 percent if to do that. each case they did not offer any spend- we are not careful here and if we do not So I say, please, in all sincerity, join ing relief. What they offered were more us, pass this motion, make it apply to get back to fiscal responsibility. tax increases. That is why I say the answer here is new spending proposals as well as new So I say that this motion tonight, tax cuts so we can get out of this hor- not to pose false questions such as, Is much like those other motions, its goal it your money or Washington’s money, rible deficit position we are in in this is not to pay down the debt by limiting country and not pass this horrible debt because it is not our money right now. and targeting abusive spending. What We are basically charging it on a na- on to our children and grandchildren. it desires to do is raise taxes. And I And Chairman Greenspan, when he tional charge card, passing the bill think the best way we pay down the testified in front of our committee for along to our kids and grandkids and debt and get back to a balanced budget the past 6 years I have been in Con- saying, Here, you guys take care of gress, he has said invariably this, he to do the things that Alan Greenspan this. That is not responsible. That is says this over and over. He says one of rightly said we should do, and I agree not fiscal responsibility. It is not fair the most important things Congress with my friend from Kansas, is not to to future generations in this country. can do is live within a budget and prac- increase taxes on families and small We have the greatest Nation in the tice fiscal responsibility. And what businesses. whole world, but we cannot be strong Chairman Greenspan says to me and to We are recovering from a recession. and free and broke. We are trying to move dollars through the members of the Committee on the Mr. Speaker, I yield back the balance that economy. It is working. I think Budget and Committee on Financial of my time. the quickest way we can put a stop to Services each year when he testifies is Mr. BRADY of Texas. Mr. Speaker, I this economy is to tax families and this: when we are in a slowdown econ- yield myself such time as I may con- small businesses at this point when we omy, as we have been in the past cou- sume. are just coming out of it, doing a good ple of years, not if, but when this econ- Let us make two quick points here. omy takes off, if we are not in a fis- job in doing that, fighting back the way we ought to with the principle of The interest rates did not go down be- cally responsible position, we could see cause we were paying off the debt. The interest rates start to go up dramati- let us leave the money in the community, because at the end of the day, interest rates went down because our cally. In fact, yesterday we saw them economy slowed after three huge hits: go up one quarter of one point, but this philosophy really comes down to this: Is this your money or is this the attack of 9/11 that cost us almost 2 they could go up dramatically. million jobs, the dot-com and the I am not suggesting it is going to Washington’s money? I have more faith in people spending Enrons of the world that damaged our happen like this, but I think some of us economy so much, and the recession in this Chamber are old enough to re- the money that is so hard earned. I believe we are an overtaxed Nation. I that President Bush inherited. The in- member the late 1970s. We had interest terest rates came down at the behest of rates in this country of 14, 16, 17 per- think getting this economy going, Alan Greenspan to spur this economy, cent, which would be absolutely dev- which Republicans and Democrats the very same reason we traded tax re- astating for the real estate industry, should share, election year aside, lief so that we could put people back to for business generally, and for con- should share that dream. I think cut- work so that money would circulate sumer borrowing. I hope we never see ting wasteful spending, which Repub- within our economy. that again. But if we keep on the licans and Democrats should share that course we are on right now of fiscal ir- dream, is the fastest way we can get And the interest rates will not go up responsibility with the largest deficit back to a balanced budget and to pay because we are in these deficits, as in our Nation’s history, with the larg- down the deficit, which, again, I agree hard as we are fighting to get back est debt in our Nation’s history, we completely with my colleague. I be- down to a balanced budget. They will could see interest rates go up to 8, 9, 10 lieve he makes a great point on that go up because our economy is improv- percent. I am afraid if that happens, issue and one that we can work to- ing, and the Federal Reserve Board will that would be, again, devastating for gether on. seek to not overheat this economy so the business economy, devastating for Mr. Speaker, I reserve the balance of that we create inflationary pressures. real estate, and devastating for con- my time. That is the reason why interest rates sumer borrowing. Mr. MOORE. Mr. Speaker, I yield my- change. We owe our country better than that. self such time as I may consume. But I still think the gentleman from We owe our children and future genera- I say this with the greatest respect Kansas is right in raising the issue of tions better than that. And I ask the for the gentleman from Texas: the the debt and getting back to a balanced gentleman, please, join us in support of question that he asks, Is this your budget. He is exactly right. The ques- this motion. money or Washington’s money? is not tion is how we do it. And I believe that Mr. Speaker, I reserve the balance of an honest question because when we the reason we have PAYGO for spend- my time. ask that question, the honest answer is ing is that if we cool this economy too

VerDate Aug 04 2004 04:24 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.184 H22PT1 H7404 CONGRESSIONAL RECORD — HOUSE September 22, 2004 soon in its recovery with more tax in- offered by the gentleman from Kansas and cooperation between the United States creases, we have damaged our chil- (Mr. MOORE). and the nation of Pakistan. The Caucus is dren’s future. If we keep the economy The question was taken; and the also focused towards improving and further going and focus on wasteful spending Speaker pro tempore announced that developing long-term political and security re- where in Washington on average every the noes appeared to have it. lations between the United States and Paki- Federal program duplicates five others, Mr. MOORE. Mr. Speaker, on that I stan and also within the South Asia region. It every Federal program duplicates five demand the yeas and nays. is because of Pakistan’s promise for the future others. At a time of war and a time of The yeas and nays were ordered. that I encourage all Members to join the Paki- deficits, we cannot afford that type of The SPEAKER pro tempore. Pursu- stan Caucus. waste. And rather than raising taxes on ant to clause 8 of rule XX and the As you know, President Musharraf has been families and small businesses, I think Chair’s prior announcement, further one of America’s staunchest allies in the War the right way to do it for our children’s proceedings on this motion will be on Terror. His leadership has led to the cap- future and their parents who desire postponed. ture of nearly 500 terrorist suspects, who have good jobs today is to not raise those f been handed over to the United States. As taxes. PRESIDENT PERVEZ MUSHARRAF well, he has coined the term ‘‘enlightened moderation’’ to describe his reforms in Paki- b 1945 OF PAKISTAN TO VISIT CONGRESS stan including his efforts to advance the edu- (Ms. JACKSON-LEE of Texas asked Mr. Speaker, I reserve the balance of cational system so that every boy and girl in and was given permission to address my time. Pakistan can receive a proper education that the House for 1 minute and to revise Mr. MOORE. Mr. Speaker, I ask does not teach hatred of the West. He has and extend her remarks.) unanimous consent for time to close. also made great strides towards making peace Ms. JACKSON-LEE of Texas. Mr. The SPEAKER pro tempore (Mr. with India by engaging in a dialogue that has Speaker, as the co-chair of the Con- MARIO DIAZ-BALART of Florida). Is produced a number of positive developments. gressional Pakistan Caucus, I would there objection to the request of the His leadership is helping to move Pakistan to- like to invite all Members of Congress gentleman from Kansas? wards being the moderate Islamic nation it tonight to meet with President Pervez There was no objection. was intended to be at its creation. Musharraf. I, along with my co-chair, Mr. MOORE. Mr. Speaker, I appre- Again, I encourage all Members to come to- the gentleman from Indiana (Mr. BUR- ciate the tenor of this debate and the night at 6:30 to meet with President Musharraf TON), will be hosting President sincere comments by my friend from at the House International Relations Com- Musharraf at a dinner reception at 6:30 Texas. I really do appreciate that sin- mittee. His visit to Washington promises to be tonight at the Committee on Inter- cerely. I think we have had a good de- historic in nature and is not to be missed. bate here, and I do not think for a national Relations hearing room in the f minute that the gentleman is insincere Rayburn building where President in the statements he made here to- Musharraf will officially inaugurate SPECIAL ORDERS night. the United States Congressional Paki- The SPEAKER pro tempore. Under But I just think it is so important stan Caucus. the Speaker’s announced policy of Jan- that, again, we lived, we thrived under The Congressional Pakistan Caucus uary 7, 2003, and under a previous order these PAYGO rules until 2002, when was created in an effort to foster mu- of the House, the following Members they expired, and we should bring those tual respect and cooperation between will be recognized for 5 minutes each. the United States and Pakistan. We are PAYGO rules back across the board to f apply to new spending as well as new also looking forward to improving and tax cuts. further developing long-term political DUST CLOUDS; NO RAIN I believe the gentleman is correct: and security relations between the The SPEAKER pro tempore. Under a When the economy is slowed down, it is United States and Pakistan and also previous order of the House, the gen- very appropriate to stimulate the econ- within the South Asia region. tleman from Kansas (Mr. MORAN) is omy through certain targeted tax cuts. It is because of Pakistan’s promise recognized for 5 minutes. I have voted for those before and I will for the future that I encourage all Mr. MORAN of Kansas. Mr. Speaker, vote for those again. But what we can- Members to join the Pakistan caucus. much of the central and western not do is have across-the-board tax President Musharraf has been one of United States has been suffering from a cuts on everything, to tax cuts for mid- America’s staunchest allies in the war grinding, unending drought that con- dle-class taxpayers, as we have talked on terror. His leadership has led to the tinues to harm farmers and ranchers about here tonight, to total elimi- capture of nearly 500 terrorist suspects and the rural communities in which nation of the estate tax and others. who have been handed over to the they live. Compounding these losses is We cannot afford all those tax cuts, United States. every disaster imaginable: hail, frost, because, again, Mr. Speaker, it is not President Musharraf has coined the tornado damage, and, yes, even flood- we that pay for them; it is future gen- term ‘‘enlightened moderation’’ to de- ing. erations in our country, and we are scribe his reforms in Pakistan, includ- For nearly half of the 8 years that I doing untold damage to our country ing his efforts to advance the edu- have had the opportunity to represent and to the future of our kids and cational system so that every boy and Kansans in Congress, much of our grandkids if we persist as we are here. girl in Pakistan can receive a proper State has been in a severe drought. It I invite the gentleman, I implore the education that does not teach hatred of gives me no joy to speak before my col- gentleman and our colleagues across the West. leagues tonight and describe the dif- the aisle, to sit down with us to pass Mr. Speaker, I encourage my col- ficulties that Kansas farmers and this motion, number one, and sit down leagues to join us because we want ranchers are enduring. With a resolve with us and identify waste and fraud peace. Let us have peace by exchange, that finds itself in the roots of a pre- and abuse, where we can eliminate involvement and, of course, inter- vious generation of hardy pioneers, wasteful spending and continue to have action. they are struggling to survive. the tax cuts that we have. That is the As the Co-Chair of the Congressional Paki- The destruction from three hurri- right recipe for our country, for the fu- stan Caucus I would like to invite all Members canes on homes, farms, businesses, ture. It is the right thing to do for our of Congress tonight to meet with President schools, local economies, and, most im- children and grandchildren and future Pervez Musharraf. I along with my esteemed portantly, the loss of life in Florida generations in this great country that Co-Chair Congressman DAN BURTON will be and other Gulf Coast States cannot be we all appreciate and love. hosting President Musharraf at a dinner recep- overstated. The people of Kansas The SPEAKER pro tempore. Without tion at 6:30 tonight at the International Rela- mourn the deaths and support the re- objection, the previous question is or- tions Committee Hearing Room at room 2172 building of lives and the reconstruction dered on the motion. of Rayburn, in which President Musharraf will of those communities. There was no objection. officially inaugurate the Pakistan Caucus. Adverse weather conditions have no The SPEAKER pro tempore. The The Congressional Pakistan Caucus was respect for State lines and, unfortu- question is on the motion to instruct created in an effort to foster mutual respect nately, Kansas and other central and

VerDate Aug 04 2004 03:47 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.185 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7405 western areas of the United States other community organizations. Agri- were anxiously awaiting the birth of have been greatly affected by weather culture is the foundation of each rural their first child this month. as well. community, and a bad harvest affects Juan was killed on August 2 con- Mr. Speaker, I would much rather be everyone from the car dealer to the ducting security and stability oper- standing here before you with the news home builder to Main Street grocery ations in Anbar Province in Iraq. He that the drought has broken and that stores. will never see his son, who will bear his the rains have returned. I would love to This drought has not gone unnoticed name, Juan Andres Calderon. describe the positive effects of crop by the U.S. Department of Agriculture. Red, white and blue streamers still revenues working their way through By the end of 2003 and for most of 2004, decorate the Garces family home, the local economy. This economic ac- every county in Kansas was designated where only a few weeks ago Army Spe- tivity would energize struggling small either as a primary or secondary dis- cialist Tomas Garces had come from businesses and, more importantly, re- aster county. Iraq for a brief visit. Tomas was a restore hope in the faces and the lives of During my tenure on the Committee cent graduate of Weslaco High School, farmers and ranchers. But that is not on Agriculture, we have worked to see where he was a star wrestler. the case. that farmers and ranchers are treated He joined the 1836th Transportation It is difficult for many to understand fairly and that the U.S. can continue Company of the Texas National Guard the severity of this continuing drought to provide enough food and fiber to be not just to serve his country, but also and its effect on rural America. Beside self-reliant. to help his family financially. He me is a picture reminiscent of the As the chairman of the Sub- dreamed of one day becoming a wres- 1930’s dust bowl, where producers were committee on General Farm Commod- tling coach to train others in the sport uprooted from their farms while their ities and Risk Management, I have he loved. But, instead, on a road south precious topsoil blew away. But this worked to approve the availability and of Baghdad, his convoy was ambushed picture was not taken in the ‘‘dirty benefits of crop insurance, and I will by enemy forces, and Tomas became ’30s,’’ but rather in the drought of 2004. continue this effort. But as of now, the first member of the Texas National The severity of these dust storms is there is no insurance solution for Guard to die in combat since World evident in this picture, but there are multiyear losses. War II. tremendous costs elsewhere as well. I urge my colleagues in the House to This past Saturday, I joined the com- Each year I travel through the coun- support some form of disaster assist- munity of Weslaco at his funeral. ties of my district, 69 of them, and I ance. This funding will assist producers Tomas has been recommended for a meet with Kansans. There are many who have suffered yet another year of posthumous Bronze Star for his brav- issues that threaten our way of life, in- drought or other weather-related disas- ery during the ambush. Army Specialist Mark Zapata came cluding rising health care costs, the ters. The timing of this assistance is aging population and the general out- from a family with a strong military crucial. Many producers simply will migration of farm families. The aver- tradition. His father Daniel is a retired not survive one more crop disaster. 1 2 Army sergeant, and Mark lived on age age of a Kansas farmer is 58 ⁄ years Rural America is the backbone of our old, and in many communities no military bases as a child. The 27-year- country and provides many of the es- young people are returning to farming old was a graduate of Edinburg North sential components to the economy. because no money can be made. High School and loved music. He was We have the opportunity to keep their Despite this, Kansas and other resi- the third soldier from this small com- dreams from being carried away by the dents of the plains are resilient people munity to lose his life in Iraq. He was Kansas winds. who believe that hard work and per- a musician who liked to DJ and play sistence can overcome almost any ob- f the trumpet and keyboard. He was also stacle. The people of my State take HONORING THE SACRIFICE OF proud to be a volunteer firefighter and pride in being self-reliant and over- JUAN CALDERON, JR., TOMAS loved nothing more than visiting local coming adversity on their own. How- GARCES AND MARK ANTHONY schools to teach children about fire ever, assistance is needed today. By no ZAPATA safety. He even trained his dog Rollie means will these producers realize The SPEAKER pro tempore. Under a to be a search and rescue dog. profits, but at least this assistance previous order of the House, the gen- Mark joined the Army 6 years ago may allow some to stay in farming and was a tank gunner stationed at tleman from Texas (Mr. HINOJOSA) is long enough to experience a good har- recognized for 5 minutes. Fort Hood, Texas. He was killed on Au- vest. In the words of one of my farmers Mr. HINOJOSA. Mr. Speaker, I want- gust 15 in Najaf, Iraq. who contacted me, ‘‘I just need to hold ed to come before the House of Rep- When you hear the stories that on that long. It can’t stay dry forever.’’ friends and families tell about Juan, Talking about weather is not just po- resentatives to pay tribute to fallen heroes. My south Texas district is again Tomas and Mark, you understand just lite conversation in Kansas, it is our how special all three of these young way of life. Our farmers and ranchers mourning the loss of three more such heroes, Sergeant Juan Calderon, Jr., men were. They were role models to risk their entire operations hoping for their peers, devoted sons, loving hus- timely moisture. Unfortunately, many Specialist Tomas Garces, and Spe- cialist Mark Anthony Zapata. bands, loyal friends and active in their areas have not received these rains or communities. have received them at the wrong time. My district has now lost six brave By looking at the U.S. drought mon- men. The Rio Grande Valley of south b 2000 itor map we can see that much of the Texas as a whole has lost one soldier in All could have chosen to use their central plains and western region of Afghanistan and 10 in Iraq. This rep- talents in other career paths, yet they our country have been in a severe resents more than 1 percent of the chose the path of military service. drought. While conditions could be im- total lives lost in the war in Iraq. South Texas has sent generations of proving for our fall crops, the damage Sergeant Juan Calderon, Jr., was a its sons and daughters into military of multiyear drought has been done. 26-year-old rifleman in the 1st Marine service and, in this most recent con- According to Kansas State Univer- Regiment, 1st Marine Division, based flict, has lost a disproportionate num- sity research, Kansas alone lost $1.1 in Camp Pendleton, California. Al- ber of its young people and its future billion to its economy in 2001 and 2002. though he was born and raised in leaders. In 2003, it is estimated that $275 million Weslaco, Texas, many of his family live Yes, Juan, Tomas and Mark volun- was lost by our producers; and in 2004, in the Minnesota district of my good teered to defend this country and pro- wheat producers lost another $150 mil- friend, the gentleman from Minnesota tect our freedom, all the while knowing lion. The majority of those losses, $82 (Mr. GUTKNECHT), who is joining me to- it might cost them their lives. They million, occurred in northwest Kansas, night. are true heroes, and we owe them more which has had a drought for a solid 5 Juan had been a Marine for more than we can ever repay. years. than 3 years and had received numer- For their friends and families left be- These losses do not even begin to ous awards and medals. An avid foot- hind, we offer our prayers and the com- cover the cost to local business and ball player, he and his wife, Ana Maria, fort of knowing that the sacrifices of

VerDate Aug 04 2004 03:47 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.189 H22PT1 H7406 CONGRESSIONAL RECORD — HOUSE September 22, 2004 these young lives will not be forgotten. a story about an Iraqi translator, a 3 months later, not a single country To those still on the front lines, we woman whose children were taken has answered that call.’’ pledge our unity, our support and our away from her more than 6 months My concern is that the best way he prayers for their safety and speedy re- ago, her husband beat her. Her brother can come up with to solve that problem turn back home. threatened her life while holding a gun is to do what Washington always does. He wants to call a meeting, and he f to her head, and her own father con- wants to invite to that meeting the The SPEAKER pro tempore (Mr. tracted for her death with a $500,000 reward. All of this because she was as- major powers of the world and Iraq’s BISHOP of Utah). Under a previous neighbors to figure out how to work order of the House, the gentleman from sisting the American coalition. She said, ‘‘You, the soldiers and marines, the security. Now, I for one do not sug- Indiana (Mr. BURTON) is recognized for gest that anyone here hold their breath 5 minutes. come from America to help my country. I must help you help my people. I while we wait for France, let alone (Mr. BURTON of Indiana addressed Syria and Iran, to RSVP to that meet- the House. His remarks will appear see these soldiers that lose their lives for Iraqis. They come into our country ing. hereafter in the Extensions of Re- He then goes on to talk about what marks.) and die for us. We must appreciate these guys. I appreciate the Army and we have to do to get more allies is to f the Marines. I love them.’’ let them ‘‘help develop the oil re- Ronald Reagan used to say, those sources in Iraq.’’ SPECIAL TRIBUTE FOR AMERICAN Now, it seems to me odd that some- HEROES who say that we are in a time where there are no heroes, well, they just one who has accused the people who are fighting with us, next to us, in Iraq The SPEAKER pro tempore. Under a don’t know where to look. On August 2, are being bought, bribed, coerced, ex- previous order of the House, the gen- we lost several heroes. One of them, torted, et cetera, that he now believes tleman from Minnesota (Mr. GUT- Sergeant Juan Calderon, Jr., will be that, like Saddam proved in the Oil For KNECHT) is recognized for 5 minutes. mourned. He will be missed. He will not Food scandal, that the way to the Mr. GUTKNECHT. Mr. Speaker, I rise be forgotten. U.N.’s heart is paved with black gold with my friend from Texas tonight to Sergeant Calderon did not die in because to build a new alliance, you in- pay a special tribute to some genuine vain. Freedom must prevail. May Al- sult our old allies, our current allies American heroes and one in particular. mighty God have mercy on this good and then offer them the resources of Last week, I met with the mother, and faithful servant. May He continue Maria, the mother of Sergeant Juan the Iraqi people through their oil. It to bless this country and all who de- speaks for itself. Calderon, Jr., and I must tell my col- fend her. leagues, those were very, very difficult We also hear that somehow this times. And they are very difficult f multilateralism is our fault, which I times for her, and it was not easy for The SPEAKER pro tempore. Under a find fascinating. But the reality re- me. previous order of the House, the gentle- mains that it is not our fault. In the book of John, the good shep- woman from California (Ms. WOOLSEY) This four-point plan then goes on to herd says, ‘‘Greater love has no man is recognized for 5 minutes. talk about rebuilding Iraq’s security than this, that he lay down his life for (Ms. WOOLSEY addressed the House. forces and talks about how the Presi- his friends.’’ Sergeant Juan Calderon Her remarks will appear hereafter in dent ‘‘must get serious about training did exactly that on Monday, August 2. the Extensions of Remarks.) Iraqi security forces.’’ Well, I have news for the prominent He died in a military hospital while f politician. The President is serious fighting and doing operations in Iraq. The SPEAKER pro tempore. Under a about rebuilding Iraq’s internal secu- Sergeant Calderon was a native of previous order of the House, the gen- rity forces and its army. Unfortu- Weslaco, Texas, as the gentleman just tleman from Illinois (Mr. EMANUEL) is nately, the terrorists are just as seri- preceding me said. He was a resident of recognized for 5 minutes. ous about killing them before they get Camp Pendleton, California. I had the (Mr. EMANUEL addressed the House. started. Unfortunately, nowhere does opportunity to meet with his mother, His remarks will appear hereafter in this plan reference that reality on the Maria, who lives in Alden, Minnesota. the Extensions of Remarks.) ground in Iraq. He has many friends and relatives in f It is then pointed out, something the Alden and Albert Lee area. His fa- which I agree with, that the Iraqi peo- ther, Juan, Sr., still resides in Texas. A PROMINENT POLITICIAN’S PLAN FOR IRAQ ple must feel a more palpable result of Calderon’s wife of 3 years lives at Camp this reconstruction. I have agreed with Pendleton in California and, I regret to The SPEAKER pro tempore. Under a that since last fall when I started say- say, is expecting their first child. previous order of the House, the gen- ing that, and I have continued to say Calderon’s awards include the Navy tleman from Michigan (Mr. MCCOTTER) it. The problem is that the plan then and Marine Corps Achievement Medal, is recognized for 5 minutes. goes into a top-down change in the con- Good Conduct Medal, National Defense Mr. MCCOTTER. Mr. Speaker, as my tracting process, to emphasize ‘‘a few Service Medal, the Humanitarian Serv- colleagues may recall, I previously on a list of high-visibility, quick-im- ice Medal and the Sea Service Deploy- asked to see a plan for the reconstruc- pact projects’’ for ‘‘an Iraqi where the ment Ribbon. tion and the future for Iraq, and that job is less likely to shoot at our sol- Juan Calderon’s sister said recently has happened. And I would like to ex- diers.’’ in an interview with the Albert Lee amine what I will refer to as a promi- My problem with this is this is not an Tribune, ‘‘Juan, Jr., was a big come- nent politician’s plan for Iraq. It is a Iraqi empowerment plan, it is a PR dian. He was full of life. He was excited four-point plan. campaign. For the Record, the militia to actually go to Iraq and serve his The first part is that, ‘‘The President is not fighting for a public works country. He was always proud to serve has to get the promise of international project, and Zarqawi is not an Iraqi. He and proud of what he was doing.’’ support so our men and women in uni- is a Jordanian. The true empowerment Calderon’s father recently received a form don’t have to go it alone.’’ in Iraq’s reconstruction must come letter, and reported in the Associated I would like to point out that this is from the grassroots, through allowing Press was an account where his son had one more insult to the 30 countries tribal leaders, through allowing town written to him where he said, ‘‘Don’t whose troops are fighting and risking councils, through allowing the national worry about me. You raised me for 19 their lives next to ours, including Hun- government and religious leaders to years. Now it is time for me to do gary, whose speaker was here today. make the decisions on what projects something to repay you.’’ The prominent politician then went are important and giving them the re- I would like to repeat a story, on to say that the United Nations Res- sources to implement them and build though, because I think sometimes we olution 1546, which urged other coun- their own stake in their free future. need to be reminded that what we are tries to come and wage the peace in Finally, there is the intriguing argu- doing there is important. Recently, in Iraq, he at least then pointed out ‘‘that ment that somehow the goal in Iraq is

VerDate Aug 04 2004 03:47 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.191 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7407 a peaceful resolution. Now, I am a Re- are using borrowed money, passing the the President. Saddam Hussein’s name publican; I admit that. I am happy to. bill on to the next generation. So the was mentioned many times, but not My father was a Truman Democrat, taxpayer is not being asked to pay for the one who was responsible. and if my father were alive today, I the war at the present time. Of course, Tonight, somewhere on the face of think I would have to ask him: Dad, do future taxpayers will pay for it. God’s good Earth, Osama bin Laden is you ever remember F.D.R. or Truman The President is not sacrificing for walking free, planning the next attack asking for the Nazis to have uncondi- this war. No one in this chamber is sac- upon our country. And our resources tional resolution? Is that what we rificing for this war. No one in the Sen- were diverted from Iraq and from the fought for? Did Ulysses Simpson ate is sacrificing. Well, I think we may Taliban and stabilizing Afghanistan to Grant? Did that stand for uncondi- have two colleagues out of the 535 Iraq. We need to rethink our policies. tional resolution? Is this a new out- Members of both the House and the f come? Senate who have active duty sons or TERRORISM AROUND THE WORLD The reality in Iraq is quite simple. daughters in the military, but most of There are two roads. There is victory us do not have anyone in our families The SPEAKER pro tempore (Mr. and democracy, or there is defeat and that we know who are in harm’s way or BISHOP of Utah). Under a previous Zarqawi. To sit here and claim that who have been killed or who have been order of the House, the gentleman from multilateralism from the United Na- seriously injured. Yet, we stand here in Texas (Mr. BURGESS) is recognized for 5 tions is going to help us is bereft of any this chamber and the President stands minutes. knowledge of why the U.N. acts as it and he talks in glowing terms about, Mr. BURGESS. Mr. Speaker, I would does. The former colonial powers of the we need to stay the course and we are like to respond to the previous speak- United Nations and the current tyran- totally committed. er’s comments. My son was on active nical regimes of the United Nations I wish we were totally committed. I duty when I announced my run for of- quite simply believe that an America wish the President was totally com- fice. He finished his tour of duty in with the ability to preemptively pro- mitted in terms of paying for this war June of 2002, shortly after I won my tect its citizens from terrorists is a without expecting future generations primary; and he signed up for the Air graver threat to them than the terror- to pay. I wish the President was com- National Guard about 3 months later, ists themselves, including Saddam Hus- mitted enough to continue to provide and he continues to serve with the sein who, I point out, in the Oil For the money that our Veterans’ Adminis- Guard. He is trying to complete his col- Food scandal made many tration needs to provide adequate care lege. He does not know whether he will multilateralists quite rich. If you do for our veterans who are coming back be called up or not. not understand what is undergirding from this war in desperate need of VA So I wish the speakers on the other the opposition amongst these people in medical care. But no, only the soldiers side would show some sensitivity. Per- the United Nations, then you do not re- and their loved ones are sacrificing or haps we should circulate a notice of alize that your plan to have them save are being asked to sacrifice. I think who has sons or daughters or wives or us, to have them come to our aid with that is very troubling. husbands on active duty or in the troops and with money and with good It is easy to make decisions when it Guard, but I suspect it is more than intentions, is quite simply confusing involves someone else’s child. Maybe one or two people in this House. the United Nations Security Council the only thing that will bring common I was not in this House when the vote with Santa Claus. It will not happen. sense back to this chamber and to this was taken to go into the country of The reality remains. The U.N. will administration is to have the burden Iraq, but I certainly support the Presi- not ride to the rescue, and there is no shared by all of us so that all of us who dent’s efforts, and I understand what peaceful resolution acceptable to the have loved ones who may be subject to the President is trying to do. And I be- American people or the Iraqi people military service would be asked to lieve that the world will be a different short of victory, which is a word we do serve. Would that make a difference in place in 20 or 30 years’ time because of not hear much from some quarters our thinking? our activities in that country than we these days. I believe if the people who are so sup- would have had had we finished out In the final analysis, I believe that portive of our current policies in Iraq Saddam Hussein’s term and then al- the absence of the willingness to admit so firmly believe that the direction in lowed his sons to be the logical heirs to that we have to win is becoming quite which we are going is the correct direc- that reign of terror that he was perpet- a problem. tion, I think they should be willing to uating on his people. But I did not come here tonight to talk about that. f see their sons and their daughters join the military, take up the battle, share The previous speaker talked about The SPEAKER pro tempore. Under a the risk. And those who are not willing how loved ones and innocent folks may previous order of the House, the gen- to have their loved ones put at risk be in harm’s way, and that is a very tleman from Oregon (Mr. DEFAZIO) is should think very, very carefully about real phenomenon. I want to introduce recognized for 5 minutes. how enthusiastic they are about our this House to a young man named Alan (Mr. DEFAZIO addressed the House. current course of action. that I met this past weekend at the His remarks will appear hereafter in We voted in this chamber, 434 to 1, I Federal Pediatric Hospital in Moscow, the Extensions of Remarks.) believe, when we pursued the war in Af- Russia. Alan is 11 years old and is a f ghanistan, because we all understood bright young boy. that was the war on terror. Alan was in the hospital because he WAR MEANS SACRIFICE is recovering from surgery. He had sur- The SPEAKER pro tempore. Under a b 2015 gery 2 weeks ago to remove a piece of previous order of the House, the gen- It was Afghanistan and the Taliban metal from his chest, a piece of metal tleman from Ohio (Mr. STRICKLAND) is regime and Osama bin Laden that at- that sunk deep into his chest on Alan’s recognized for 5 minutes. tacked our country. And somehow first day of school in Beslan. Mr. STRICKLAND. Mr. Speaker, as there has been a bait and switch. We This piece of metal was placed in a we contemplate what is happening in have taken the attack upon our coun- mine that was created under the direc- Iraq with the continued loss of life, the try, and we have used it to go into Iraq. tion of a man named Skhmeel Masaif. continued injuries, I would just remind The President spoke for 63 minutes Now, little Alan is healing now, but lit- my colleagues in this chamber that the when he gave his acceptance speech at tle Alan was perhaps lucky. More than only people who are being asked to sac- the Republican convention, and he 300 dead, over half of those children, rifice for this war are the soldiers and never mentioned Osama bin Laden’s were killed when those bombs went off the people who love them. No one else name one time. All the talk there in in the gymnasium in Beslan. A quote is being asked to sacrifice for this war. New York about September 11, about from the newspaper that I read over We are not paying for this war. The the attack upon our country, but the the weekend from a townsperson there President has decided that future gen- man who was responsible for attacking in Beslan said, ‘‘We bury and bury and erations should pay for this war, so we our country was not even mentioned by we still have not finished the job.’’

VerDate Aug 04 2004 03:47 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.196 H22PT1 H7408 CONGRESSIONAL RECORD — HOUSE September 22, 2004 More than 300 people died in that at- Prosecutors in Ukraine said in a sitting among us in that chamber. But tack; but, in fact, Skhmeel Masaif is statement they were investigating with his last borrowed seven and a half probably responsible for over 500 deaths charges of attempted murder. At- hryvnyas, the last loan in his life, he in the past 3 or 4 weeks in Russia. Two tempted murder of a presidential can- bought a liter of petrol and burned airplanes lost simultaneously over didate in a nation whose independence himself. Who killed him? The alcoholic Russian air space and a bomb attack is only a little over 10 years old. head of the district administration who outside a Russian metro station, not In an address to deputies in the par- represents the United Democrat Party that much different than Metro sta- liament in that country this week, can- or the arrogant head of the collective tions that we have here in Washington, didate Viktor Yushchenko appeared farm? Who killed him? D.C., all under the direction of haggard, his face was red and swollen; Do not ask who is next. Every one of Skhmeel Masaif. it was partially paralyzed with one of us will be next. And if you ask how this I want the House to look at the piece his eyes constantly tearing up. And I fate spared me, I will say, wrong dose, of metal that was removed from little wish to read this evening some of what wrong time and my angels awake. That Alan’s chest. His mother is holding it he told his fellow deputies in that paris what helped me return back to the here in her hands. And you look at it liament in a emotional speech. living. and you think, well, what is that? That He said to take a good look at him to Let us draw a couple of lessons here. is just a piece of junk. That is a little make sure that the same thing did not Lesson number one, I would really like piece of metallic shrapnel that was re- happen to any of them, because the us to receive an answer. Who did it and covered from a junk yard or a landfill problem he was bearing was not one of who is the killer? But you know very or somewhere. It was placed into that cuisine, not a problem of food, as some well who the killer is. The government bomb. Those small pieces of metal were had tried to portray his plight. And he is the killer. And never will this pros- placed into that bomb so they would advised his colleagues, Do not be so ecutor-general give an answer to who have the maximum dispersal when the quick to judge. I would like to ask killed Gongadze, who killed Hetman, bomb went off. That is, they could en- every one of the 450 parliament mem- and who tried to kill many others. sure the maximum number of innocent bers in the chamber, have you ever Let us draw a political lesson and ap- persons could be harmed when that seen me drunk over the past 10 to 20 peal to you, my dear people’s deputies. bomb went off. years? Raise your hands if you have. Show a little heroism today for This bomb-maker built the bomb And no one did. Ukraine’s sake and you will see under the direction of Skhmeel Masaif. And then he pointed at all of the gov- Ukraine democratic and its people free It was designed to hurt. It was designed ernment-controlled media, Inter, UT1, and prosperous. Do not forget this les- to kill. It was designed to inflict pain and One Plus One, and asked them, son or this lesson will get you. and suffering on the most innocent, the Have you ever in your life seen me not These very compelling words are most innocent citizens on this Earth, in control of myself? Because there had placed here, the citadel of freedom, by 10, 11, 12 year olds, on their first day of been references on that television, gov- Viktor Yushchenko, presidential can- school in Beslan, Russia. ernment controlled, that his illness didate in Ukraine, who is fighting, not Mr. Speaker, it is not wrong to iden- was caused by food poisoning or per- tify evil when we see evil, and it is not just for his life but for the future of haps alcohol. But he said, What hap- wrong to call it by its proper name, freedom in his nation. pened to me was not a problem of cui- which is evil. And whether it is the The article referred to is as follows: sine or a problem of diet, but rather as school children in Public School No. 1 [From USA Today, Sept. 22, 2004] soon as you fall out of favor with the in Beslan, whether it is the innocent UKRAINE CANDIDATE POISONING INVESTIGATED authorities of Ukraine and as soon as victims on the two airplanes in Russia, KIEV, UKRAINE.—Ukrainian prosecutors you start posing a tiny threat, and in- the victims outside the metro station, opened a criminal investigation into the al- deed he is tied in the polls with the the victims of improvised explosive de- leged poisoning of a leading candidate in a current president of that country, they vices in the country of Iraq or whether crucial presidential election scheduled for will throw you away like a piece of next month, officials said. it is our victims here in 9/11, these are The candidate, Viktor Yushchenko, be- victims of people who hate the United paper. He said, Friends, we are talking came sick more than two weeks ago, and his States, people who are evil; and we about the Ukrainian political kitchen campaign charged that he was poisoned by must not rest until they are reduced to where assassinations are ordered. Re- political opponents. The allegations have their natural subatomic particles and roiled the already heated race to replace out- member, he said, former National Bank removed from the Earth. going President Leonid Kuchma. chairman Vadym Petrovych Hetman Yushchenko, a leading opposition figure f walking around alive in this chamber who is running neck-in-neck with the ruling UKRAINIAN PRESIDENTIAL in 1998. Who killed him? President party’s candidate, became ill Sept. 6 and was CANDIDATE POISONED Kuchma said it was a question of honor hospitalized in Austria. After he was dis- The SPEAKER pro tempore. Under a for him, that the prosecutor-general charged Saturday, doctors in Vienna said it was possible he had been poisoned but they previous order of the House, the gentle- will give an answer and tell us who the killer is. Time has passed, and there is could not confirm it. woman from Ohio (Ms. KAPTUR) is rec- Prosecutors said in a statement that they ognized for 5 minutes. no answer. were investigating charges of ‘‘attempted Ms. KAPTUR. Mr. Speaker, shortly In 1991 right-wing leader and presi- murder of a statesman or a public figure.’’ our country will experience an extraor- dential candidate Vyacheslav They offered few details and did not indicate dinarily important Presidential elec- Chornovil was in that chamber alive. if authorities had substantiated the poi- tion, and this evening I wish to discuss We pretend we do not know who killed soning charges or identified suspects. another important Presidential elec- him with a Kamaz lorry. But in 2000 as Prosecutor General Henadiy Vasiliev later tion that is occurring very far from the well, campaigning journalist Heorhiy told reporters ‘‘not to make hasty conclu- Gongadze was sitting in the balcony, as sions’’ and to wait for the results of the ex- United States this year as well. That is amination. He said authorities hadn’t ruled in the nation of Ukraine, one of the na- our press sits here in this Congress, out anything in their investigation and that tions that was spun out of the collapse writing political reports. Well, who cut his office had contacted Austrian authori- of the Soviet Union. And make note of his head off? We do not seem to know, ties. the very close presidential race ongo- Viktor Yushchenko said. Ukrainian lawmakers voted overwhelming in that country which is struggling Although one prosecutor said once ingly Tuesday to set up a commission to in- its way forward. that the killer has already been found vestigate the incident. Recently in USA Today, there was a and that his surname begins with the Neither outgoing Kuchma nor Viktor story that one of the leading can- letter K, but he was not brave enough Yanukovych, Yuchchenko’s main opponent didates, Viktor Yushchenko, became ill and Kuchma’s hand-picked choice in the Oct. to give us a few more letters. 31 presidential race, have commented pub- and on September 6 was hospitalized in Two and a half years ago, opposition licly on the allegations. Austria. And the doctors there, a panel parliamentarian Oleh Oleksenko was However, a number of Kuchma’s allies have of nearly a dozen doctors, determined sitting in the chamber. Who poisoned charged that Yushchenko had merely eaten indeed that he had been poisoned. him? Four weeks ago Alik Aslanov was bad sushi.

VerDate Aug 04 2004 03:47 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.199 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7409 In his address to deputies on Tuesday, Don’t be quick to judge! I would like to ask Two and a half years ago [opposition MP] Yushchenko accused Kuchma’s administra- every one of the 450 parliament members in Oleh Oleksenko was sitting in this chamber. tion of ‘‘being capable of brewing political this chamber. Have you ever seen me drunk Who poisoned him? Four weeks ago Alik assassinations.’’ He appeared haggard, with over the past 10–20 years? Raise your hands if Aslanov was still among us. But with his last his face red, swollen, partially paralyzed and you have! borrowed seven and a half hryvnyas, the last with one eye constantly tearing up. I am asking to the journalists of Inter [pri- loan in his life, he bought a litre of petrol Voters in this ex-Soviet republic of 48 mil- vately owned pro-government TV channel] and burned himself. Who killed him? The al- lion have become increasingly disenchanted and the so-called national channel UT1. And coholic head of the district administration, with Kuchma’s decade in power. His adminis- One Plus One [another privately owned pro- who represents the United Social Democratic tration had been marred by a series of scan- government TV channel]. And to other chan- Party? Or the arrogant head of the collective dals, rampant corruption and dozens of sus- nels. Have you ever in your life seen me not farm? Who killed him? picious deaths of political opponents and opin control of myself? If there were such ‘‘GOVERNMENT IS THE KILLER’’ position journalists. cases, show them on television today. But Don’t ask who is next. Every one of us will Meanwhile, Ukrainian Defense Minister there weren’t. [Apparently referring to re- be the next. And if you ask how this fate Yevhen Marchuk stepped down Wednesday, cent reports on the three TV channels specu- spared me, I’ll say: wrong dose, wrong time citing in part the June explosion at a major lating that Yushchenko’s illness could have and my angels awake. That is what helped ordnance depot that rained rockets, shells been caused by food or alcohol poisoning.] me return back to the living! and shrapnel over a wide area, the Interfax And that is why, I would like to say to ev- Let us draw a couple of lessons here. Les- news agency reported. eryone: I am no gourmet! I don’t fancy east- son number one. I would really like us to re- Speaking on condition of anonymity, a ern cuisine or western cuisine. I eat the same ceive an answer, who did it and who is the spokesman for the Defense Ministry con- borsch, potatoes and pork fat as all of you, killer. But you know very well who the kill- firmed Marchuk ‘‘has asked the President to the 47 million people of Ukraine! And what er is. The government is the killer! And be relieved from duties,’’ but he gave no happened to me was not a problem of cuisine never will this prosecutor-general give an other details. or a problem of diet! answer to who killed Gongadze, who killed Marchuk’s resignation came after he had SAME FATE IN STORE FOR OTHERS Hetman, who tried to kill many others. defended himself in parliament against alle- It’s a pity that Oleksandr Oleksandrovych So I was very surprised that President gations he illegally provided soldiers and [Moroz] is not in this chamber. I would like Kuchma ordered to launch a criminal inves- helicopters to help fight fires in Turkey. to say to him, Oleksandr Oleksandrovych, tigation of my poisoning. I don’t believe this Marchuk’s resignation was seen as another you can eat port fat and potatoes all you order! I don’t believe this prosecutor-general! sign of upheaval in the government ahead of want. But mark my word: as soon as you be- Why, Mr. Kuchma, are you asking the ques- the Oct. 31 vote. come a real opponent of this regime, and I tion if you have no intention of answering stress, a real one, as soon as you stop danc- it? Let us draw a political lessons from here. [From the Ukrainian Radio First ing to Medvedchuk’s fiddle [applause], po- The lesson is that Leonid Makarovych Programme, Sept. 21, 2004] tato diet will not save you! Calm down! It Kravchuk suggests that someone should pains me to say this. [Referring to Moroz’s VIKTOR YUSHCHENKO SAYS THE GOVERNMENT kneel before the Ukrainian people. reported statement that Yushchenko would IS THE KILLER [Kravchuk said dozens of MPs who quit the KIEV.—Ukrainian opposition leader and have been fine had he stuck to simple food.] pro-government coalition earlier this month presidential race favourite Viktor [Shouts of ‘‘Shame!’’ in the chamber] should kneel before the people of Ukraine.] Friends! I’d like to continue. Esteemed Yushchenko has lashed out at the authori- So who should kneel, Mr. Kravchuk? And for [pro-presidential coalition coordinator] ties, accusing them of trying to poison him. how long should they stand on their knees, In an emotional speech delivered in par- Stepan Bohdanovych Havrysh, you are going so that every one of the 47 million forgave liament after two weeks of treatment through a rough political patch. Because them? abroad, Yushchenko said he barely survived something you have given up your reputa- But I have another proposal. An appeal to and compared his alleged poisoning to the tion for is falling apart, the so-called pro- you, my dear people’s deputies! Show a little killings of several Ukrainian politicians and presidential majority is falling apart. heroism today for Ukraine’s sake, and you I would like to say that as soon as you fall journalists in recent years. will see Ukraine democratic, with its people out of favour with the authorities, as soon as He said President Kuchma’s order to inves- free and prosperous! Don’t forget this lesson you start posing a tiny threat, they will tigate the poisoning was disingenuous, and or this lesson will get you. [Applause in the throw you away like a piece of paper. And hinted that the president himself could have chamber] your fish diet won’t save you! been behind the murder of opposition jour- I would like to tell the guys in the presi- f nalist Heorhiy Gongadze. He brushed aside dential administration, who advise that one The SPEAKER pro tempore. Under a suggestions that his illness was caused by or- should drink 100 grams of vodka after every previous order of the House, the gen- dinary food poisoning and urged fellow MPs piece of pork fat. Guys, it doesn’t matter to stand up to the government so as not to tleman from Ohio (Mr. BROWN) is rec- that you are in that camp. Such are the prin- ognized for 5 minutes. become next in the list of public figures who ciples and morality of that camp that they have died a suspicious death. (Mr. BROWN of Ohio addressed the can discard you just like they have discarded House. His remarks will appear here- The following is the text of Yushchenko’s [former economics minister and deputy chief speech broadcast live by Ukrainian radio on of presidential administration Valeriy] after in the Extensions of Remarks.) 21 September; subheadings inserted edi- Khoroshkovskyy, [President Kuchma’s once- f torially. close ally Oleksandr] Volkov and dozens of The SPEAKER pro tempore. Under a Mr. speaker, fellow people’s deputies! I am others. And 100 grams with every piece of previous order of the House, the gen- happy to be in this chamber today. I won’t pork fat won’t help. take much time, but let me make some tleman from Florida (Mr. MARIO DIAZ- ATTACKS KUCHMA statements that concern each and every one BALART) is recognized for 5 minutes. of you. For the past two weeks, a number of Friends, this is not a problem of cuisine as (Mr. MARIO DIAZ-BALART of Flor- Ukrainian politicians and journalists have such. We are talking about Ukrainian polit- ida addressed the House. His remarks been debating about what one should eat, or ical kitchen, where assassinations are or- will appear hereafter in the Extensions drink, in order to live in this country and dered! This is what we are talking about. Re- member [former National Bank chairman] of Remarks.) not die. f Because my dignity is concerned in a num- Vadym Petrovych Hetman walking around ber of cases, and my morality—I am part of alive in this chamber in 1998. Who killed The SPEAKER pro tempore. Under a this story—I ask you for a few minutes of him? President Kuchma said it was a ques- previous order of the House, the gen- tion of honour for him, that the prosecutor- your attention. It may not be entirely appro- tleman from Michigan (Mr. CONYERS) is general will give an answer and tell us who priate to say some of these things, because I recognized for 5 minutes. the killer is. Time has passed, but there is no will be speaking about myself, but I will say (Mr. CONYERS addressed the House. answer. those things to establish the facts. In 1999 [right-wing leader and presidential His remarks will appear hereafter in NOT FOOD POISONING candidate] Vyacheslav Chornovil was here the Extensions of Remarks.) Look at my face. Note my articulation. alive. We pretend we don’t know who killed f [Yushchenko appeared to speak with some him with a Kamaz lorry. In 2000 [cam- The SPEAKER pro tempore. Under a difficulty. Part of his face was swollen and paigning journalist] Heorhiy Gongadze was previous order of the House, the gen- immobile during his recent public appear- sitting on the balcony over there and writing tleman from Pennsylvania (Mr. ances.] This is one hundredth of the prob- political reports. Who cut his head off? Well lems that I’ve had. Take a good look, to we don’t seem to know, although one pros- WELDON) is recognized for 5 minutes. make sure that the same thing doesn’t hap- ecutor said once that the killer has already (Mr. WELDON of Pennsylvania ad- pen to you. Because this is not the problem been found, and that his surname begins dressed the House. His remarks will ap- of cuisine, not a problem of food, as some try with the letter K. He wasn’t brave enough to pear hereafter in the Extensions of Re- to portray it. give us a few more letters. marks.)

VerDate Aug 04 2004 05:34 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.074 H22PT1 H7410 CONGRESSIONAL RECORD — HOUSE September 22, 2004 The SPEAKER pro tempore. Under a more important, this was an attack on ning could stop. We all know that 3 previous order of the House, the gen- the core values of freedom and democ- years ago this past September 11, not tleman from Indiana (Mr. SOUDER) is racy that are embodied in our Nation only did that tragic event put that no- recognized for 5 minutes. and in all of the free people of the tion to rest, but it changed our think- (Mr. SOUDER addressed the House. world. ing and our planning for the continu- His remarks will appear hereafter in b 2030 ation of representative government, the Extensions of Remarks.) representative democracy as we know While nations have cooperated in an f it. unprecedented fashion in the fight Indeed, we saw smoke rising from the The SPEAKER pro tempore. Under a against terrorism, unfortunately, much previous order of the House, the gen- Pentagon and later heard of the brav- remains to be done. ery of the passengers on Flight 93 as tleman from New York (Mr. HINCHEY) We have just gotten the tragic news is recognized for 5 minutes. they cried, ‘‘Let’s roll.’’ Many of us in the last 24 hours of the tragic be- shared a feeling of having just missed a (Mr. HINCHEY addressed the House. headings of Messrs. Armstrong and His remarks will appear hereafter in bullet, a bullet that could have hit this Hensley. We saw the bombings in Spain Capitol itself. the Extensions of Remarks.) and the recent tragedy in Russia; both We share the additional responsi- underscore the need for all of us to re- f bility for our very institutions, for our main vigilant in this global war on ter- The SPEAKER pro tempore. Under a individual Members, for our staff and ror. previous order of the House, the gen- for the thousands of people who visit Mr. Speaker, our Nation has a special tleman from Arizona (Mr. FRANKS) is the Capitol every single day. recognized for 5 minutes. responsibility, a very special responsibility, to protect the core freedoms and Following September 11 and the sub- (Mr. FRANKS of Arizona addressed sequent anthrax and ricin attacks, our the House. His remarks will appear liberties of democracy, for we continue, as I was saying at the outset, to continuity learning curve has been hereafter in the Extensions of Re- very, very steep. However, the good marks.) be the beacon for democracy, and our Capitol, as the gentlewoman from Ohio news is that we have worked hard and f have implemented a number of meas- (Ms. KAPTUR) was just saying earlier, The SPEAKER pro tempore. Under a our Capitol perhaps is the single most ures that improve the continuity of our previous order of the House, the gentle- recognized symbol of democracy all Congress. woman from New York (Mrs. MALONEY) over the world. Indeed, we have taken the advice of is recognized for 5 minutes. In fact, I remember very vividly back one of our great Framers of the Con- (Mrs. MALONEY addressed the in 1990, I had the opportunity to bring stitution, Alexander Hamilton, who in House. Her remarks will appear here- one of the Solidarity activists from Po- Federalist 59 said, ‘‘Every government after in the Extensions of Remarks.) land for President Bush’s State of the ought to contain in itself the means of f Union address. I remember very well its own preservation.’’ Let me say that we were walking along, and the Cap- again. ‘‘Every government ought to DEFENDING FREEDOM AND contain in itself the means of its own DEMOCRACY itol, of course, was particularly well-lit because we all know on the night of the preservation.’’ Those are Alexander The SPEAKER pro tempore. Under State of the Union the television net- Hamilton’s words. the Speaker’s announced policy of Jan- works put added light on the Capitol. Toward that end, in the last 3 years, uary 7, 2003, the gentleman from Cali- All of the sudden, tears were coming the Speaker has focused the United fornia (Mr. DREIER) is recognized for 60 down the face of these people who had States House of Representatives on minutes as the designee of the major- come from Poland, and I asked what it three core areas for our overall con- ity leader. was. They were simply looking at the tinuity: number one, upgrading the GENERAL LEAVE Capitol dome, and that, for me, under- physical security of both our D.C. and Mr. DREIER. Mr. Speaker, I ask scored how clearly this is the most rec- our constituency offices; number two, unanimous consent that all Members ognized symbol of democracy and free- preserving our continuity of operations may have 5 legislative days within dom in the world. here in Washington, D.C.; and number which to revise and extend their re- I believe that our responsibilities as three, addressing the continuity of our marks on the subject of the Special Representatives of this democracy are form of government itself through de- Order that I am about to give. twofold. First, we must employ our full bating how to deal with catastrophes The SPEAKER pro tempore. Is there legislative power to make our Nation that result in large numbers of Mem- objection to the request of the gen- safer, our citizens more secure and to bers being killed or incapacitated. tleman from California? defend our democracy against all ter- Mr. Speaker, let me now turn for a There was no objection. rorists. moment to discuss our efforts to pre- Mr. DREIER. Mr. Speaker, having Second, we must do everything in our serve the continuity of our congres- listened to the words of my good power to ensure that our institution, sional operations. friend, the gentlewoman from Ohio the Congress itself, can continue to op- The Speaker of the House has long (Ms. KAPTUR), I would like to say that erate in the face of any crisis, any ter- recognized that if the Capitol, or if the Special Order that I am going to be rorist attack, any disaster. Again, we Washington itself, were to become un- presenting this evening refers to ex- need to be able to see that this institu- suitable as a meeting place for the actly what she was talking about in tion can function in any crisis, any ter- House, whether due to attack, con- the final remarks that she provided, rorist attack, any disaster that could tagion or other calamity, an alter- very thoughtful remarks. possibly hit us. native site for operations would be It has to do with the fact that this Mr. Speaker, since the District of Co- needed. Much thought has gone into institution, this building, this entity is lumbia became the permanent seat of the placement of sufficient resources, in fact the citadel of freedom. And I our government, the United States technology, staffing and accommoda- think and I believe it is very important Congress has been unable to use the tions for Members and key staff so that for us to realize the great importance Capitol for an extended period only we could continue to fulfill our duties of that. once. That occurrence, of course, was to the American people. Additionally, Mr. Speaker, it has been 3 years since during the War of 1812 when the Capitol we have already adopted a number of the heinous attacks and the absolute was burned, as we all know. Nonethe- very important rule changes to give horror that befell America on Sep- less, the enduring threat of the last the House the operational flexibility tember 11 of 2001. And it was not just century, the Cold War, forced the Fed- we believe it would need in a crisis. an attack on America. It was an attack eral Government to plan for its con- Mr. Speaker, those include: first, au- on the free world. Citizens from many tinuity in the event of a catastrophe. thority for the Speaker to declare an nations were murdered and maimed Some people assumed, however, that emergency recess subject to the call of that day, as we all know. But perhaps after the Cold War this kind of plan- the Chair when notified of an imminent

VerDate Aug 04 2004 04:54 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.205 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7411 threat to the safety of the House; sec- live in a very, very dangerous world, Additionally, it is important to note ond, authority to address the constitu- and it is a responsibility that we have that the quorum trap only becomes a tional requirement that the House and to take very seriously. This issue nec- problem for the House if a roll call vote Senate assemble in the same place out- essarily requires us to contemplate is needed. Again, the quorum trap only side the seat of government; third, au- that which none of us really wants to becomes a problem if we have to have thority for a designee of the Speaker to consider, that being our mortality. Mr. a roll call vote. House precedents pro- act with the Senate to effect a recall of Speaker, this is at the heart of why I vide that a quorum is presumed unless the membership; and fourth, authority stand before the House this evening. I challenged. If the Members can agree for the Speaker to convene the House am deeply concerned that we need to to the business of the House being con- anywhere within the seat of govern- act now to protect the House as an in- sidered by unanimous consent, then ment. stitution if the unthinkable were to the lack of a quorum would not be an Now, at this point, I have a par- happen. issue. Nonetheless, as an institution, ticular item I would like to enter in One of the most difficult questions we cannot take the risk that we will the RECORD. that we have had to consider is what always be able to act by unanimous PARLIAMENTARY STEPS TAKEN TO ENSURE we would do if large numbers of Mem- consent. CONTINUITY OF OPERATIONS bers are so injured that they cannot The House is very limited in what it Authority to effect a joint-leadership re- fulfill their duties. This incapacitation can do without a quorum. It can only call from a period of adjournment to an al- of large numbers of Members, what we do two things without a quorum, Mr. ternate place (in concurrent resolutions of call the ‘‘mass incapacitation’’ of Speaker. Number one, adjourn from adjournment). Members, poses a grave threat to the day-to-day; or number two, send the Authority to effect a joint-leadership re- ability of the House to function in a Sergeant-at-Arms to try and bring call from a period of adjournment through time of crisis. enough Members in to constitute a designees (in concurrent resolutions of ad- We have spent a lot of time on a non- journment). quorum. Those are the only things that Anticipatory consent with the Senate to partisan basis discussing this issue, we are able to do without a quorum. assemble in an alternate place (in a puta- and I underscore that this as an insti- Without the potential rule change to tively biennial concurrent resolution on tutional issue. It is not a partisan deal with the quorum trap, we could be opening day of a Congress). issue. In each of these discussions, Mr. unable to act at exactly the time that Requirement that the Speaker submit to Speaker, good questions have been the Clerk a list of Members in the order in the American people expect us to do so. asked by a number of Members and Unfortunately, even after years of which each shall act as Speaker pro tempore staff on both sides of the aisle who are in the case of a vacancy in the Office of consideration, no one has been able to Speaker (including physical inability of the committed to the survival of this insti- adequately define exactly what inca- Speaker to discharge his duties) until the tution, the greatest deliberative body pacitation is for every possible situa- election of a Speaker or a Speaker pro tem- known to man. tion. Up in the Committee on Rules, we Mr. Speaker, what I would like to do pore, exercising such authorities of the had a hearing. We had testimony from Speaker as may be necessary and appro- now is address with answers some of our attending physician, Admiral priate to that end (clause 8 of rule I). the very important questions that have Eisold. He testified to the Congress, Authority for the Speaker to suspend pend- been posed. First of all, as we look at and he revealed that making a deter- ing business of the House by declaring an providing a definition of the problem, emergency recess subject to the call of the mination of incapacitation involves so what is the so-called ‘‘quorum trap’’? Chair when notified of an imminent threat many factors that it would be difficult, to the safety of the House (clause 12(b) of As we all know, a quorum is an essential part of a legislative body. In some if not impossible, to have a bright-line rule I). test for exactly what is incapacitation. Authority for the Speaker, during any re- nations, including our allies in the cess or adjournment of not more than three United Kingdom, it is but 40 members, Rather than trying to define inca- days, in consultation with the Minority a very small number. However, in the pacitation, this approach defines what Leader, to postpone the time for reconvening United States, a quorum is set by the constitutes the House. It is the number or to reconvene before the time previously Constitution as a majority of Members. of Members who are not incapacitated. appointed solely to declare the House in re- That is what is stated in the U.S. Con- That is, the Members who can show up cess, in each case within the constitutional to answer the call of the House, the three-day limit (clause 12(c) of rule I). stitution. Long-standing House prece- Authority for the Speaker to convene the dent defines a majority as those Mem- quorum call. That ‘‘call of the House’’ House in an alternate place within the seat bers who are chosen, sworn and living. could be a regular roll call vote, like of government (clause 12(d) of rule I). ‘‘Chosen, sworn and living’’ is what de- we have every day, or it could be done Codification of the long-standing practice termines, that is, it’s the precedent for through the rule that gives the Speak- that the death, resignation, expulsion, dis- establishing a majority. The standard er the power to recognize any Member qualification, or removal of a Member re- does not address Members who are cho- to move a call of the House for estab- sults in an adjustment of the whole number lishing a quorum. of the House, which the Speaker shall an- sen, sworn, living, but unable to carry nounce to the House and which shall not be out their duties because they are inca- What types of catastrophic events subject to appeal (clause 5 of rule XX). pacitated. Thus, if Members are alive would trigger these kinds of provi- Establishment of a Select Committee on but unable to carry out their duties, sions? Mr. Speaker, the language of the Homeland Security with oversight and legis- they remain in the calculation of rule is intended to cover broad possi- lative over matters relating to the Homeland quorum. bilities, including catastrophic cir- Security Act of 2002 identified by the Speak- If large numbers of Members are in- cumstances involving natural disaster, er and the responsibility to make rec- attack, contagion or similar calamity ommendations concerning future legislative capacitated and a roll call vote is need- jurisdiction over homeland security matters ed, the House could be unable to obtain that render representatives incapable (sec. 4, H. Res. 5, 108th Cong.). a quorum. This is what we call the of attending the proceedings of the Establishment of an Appropriations Sub- ‘‘quorum trap,’’ where so many Mem- House. For example, Members could be committee on Homeland Security. bers would, in fact, be unable to re- incapacitated because they are so in- Mr. Speaker, as I have mentioned, we spond to a quorum call. Let me say jured that they cannot fulfill their du- have approached continuity planning that again. If large numbers of Mem- ties, or they may be missing and pre- during the 108th Congress in three dis- bers are incapacitated, we, as an insti- sumed dead, or they could be held hos- tinct areas. I now want to talk about tution, could be unable to act. tage. what is perhaps the most difficult as- The potential rule change that I will What is the solution? How would the pect of our planning: how we will con- explain in a moment would go into ef- potential rule change procedure play tinue to legislate if large numbers of fect if, after an attack, more than half out? At its core, mass incapacitation our Members are killed or incapaci- the number of those Members remain- presents one key problem for the tated. ing alive were incapacitated, again, House. If too many Members are inca- Obviously, this is a horrible thought. half the number remaining alive are in- pacitated, the House is actually unable We do not like to even contemplate or capacitated. That is why we refer to to do business for the American people consider it, but we all know that we this as ‘‘mass incapacitation.’’ during a time of crisis.

VerDate Aug 04 2004 04:54 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.222 H22PT1 H7412 CONGRESSIONAL RECORD — HOUSE September 22, 2004 The Constitution says that a major- sional quorum’’ would consist of a ma- The Committee on Rules held an ity quorum is required for House busi- jority of those Members who could original jurisdiction hearing on the ness. show up and fulfill their duties. Under mass incapacitation of Members in b 2045 this temporary quorum, the House April of 2004. Testifying at the hearing could act for the American people in a were a number of experts on the House Another way of thinking about this time of crisis. rules, the Constitution and the issue of majority requirement is that it is a Now, what are the origins of this incapacitation. The report of this hear- fraction. The amount above the line is plan? Continuity discussions began in ing is available on the Committee on the number of Members who are phys- earnest during the 107th Congress. The Rules Web site and has been printed by ically present and can participate. The bipartisan House leadership agreed on the Government Printing Office. amount below the line is the number of the formation of a task force led by my At the April 2004 hearing, we distrib- Members who exist. Rather than trying colleague, the gentleman from Cali- uted a discussion draft of the proposed to define incapacitation, this potential fornia (Mr. COX), and the ranking mi- rule change. Discussions have contin- rule change uses the ability or inabil- nority member of the Committee on ued on a bipartisan basis since then, ity of Members to show up and partici- Rules, the gentleman from Texas (Mr. and a number of improvements to the pate as a measure of who exists, the FROST). This task force included a proposal have been made. amount below the line. number of Members concerned about Now, why would we need a provi- This potential rule change, if adopt- the continued operations of our insti- sional quorum? Why does the House ed, would solve the quorum trap by re- tution. Many of the recommendations need to establish procedures to deal quiring the following procedural steps: of the Cox-Frost group were adopted at with the possibility of mass incapacita- The rule requires that Members dispose the start of the 108th Congress. This tions? of a motion for the Sergeant at Arms rule change concept originated in the to find Members so that we can hope- Cox-Frost discussions. However, an im- We need to assure the American peo- fully obtain a quorum without going passe was reached over how to try to ple we are doing everything we can to any further than that. define incapacitation, and the group provide for continuity of government Additionally, if this attempt to gath- decided to allow for more analysis of in the face of any catastrophic event. er a quorum fails, the next stage of the this very, very difficult question. Rules must be in place prior to a crisis. rule requires an extremely lengthy call Mr. Speaker, the Continuity of Gov- We need to be considering this matter of the House. We would call for 72 ernment Commission, sponsored by the with a ‘‘triage’’ mindset, similar to hours, a quorum call of 72 hours, exclu- American Enterprise Institute and the that taken by health care workers and sive of time that the House has spent Brookings Institution, tried to con- doctors during an emergency. in recess, to try to gather 218 Members sider the issue of incapacitation but, Mr. Speaker, if a jet plane, God for- in order to establish a quorum. similarly, could not come to agreement bid, hits this Capitol dome, hits this Next, if that step fails to produce a over how to define incapacitation or building when we are all here voting or quorum, the rule requires that the Ser- what to do about it. As we have said, a biological agent is released, we need geant at Arms, in conjunction with the this is a very, very difficult issue. to plan for how to deal with the worst Attending Physician to Congress and The Committee on Rules held a hear- problems first. We need to realize that other relevant law enforcement and ing on H. Con. Res. 190 to create a joint we will not be operating in a best-case public safety officials, report to the House-Senate committee to address scenario and that having some plan in Speaker, the minority leader and the continuity issues, including incapaci- place is better than no plan at all. majority leader on the state of the tation, and the House overwhelmingly Now, why does this proposal that we membership and whether the failure of passed it in June of last year. The Sen- have only address mass incapacita- quorum is due to catastrophic cir- ate has not acted upon this proposal tions? cumstances. This report would be up- yet. Mr. Speaker, this procedure would go dated daily and made available to the In the spring of this year, just a few into effect if large numbers of Members entire House. Members could, if they months ago, as we all know, the House are incapacitated, large numbers. If in- choose, disseminate the information. It addressed what to do if large numbers dividual Members are incapacitated, would consist of the following: of Members are killed, and this institu- they are very unlikely to affect our (A) the number of vacancies in the tion adopted by a bipartisan margin of ability to achieve a majority quorum. House and the names of former Rep- 306 to 97 the Continuity of Representa- However, after a catastrophe, a key resentatives whose seats are vacant; tion Act, which I coauthored with the question will be whether it resulted in (B) the names of Representatives con- chairman of the Committee on the Ju- large numbers of deaths, large numbers sidered incapacitated; (C) the names of diciary, my friend, the gentleman from of incapacitations or both. Representatives not incapacitated but Wisconsin (Mr. SENSENBRENNER). otherwise incapable of attending the Additionally, the House rejected a If we are dealing with a full, living proceedings of the House; and (D) the proposed constitutional amendment to membership and only incapacitated names of Representatives unaccounted allow for the appointment of tem- Members but no deaths, we would need for. porary ‘‘stand-in’’ Members who were 218 or more Members incapacitated in Now, the next step in the rule is for incapacitated or killed. That was de- order to trigger a problem with the Speaker to decide whether to for- feated on a vote of 63 to 353. So this in- quorum. With deaths, the quorum is mally place the report of the Sergeant stitution has stated very firmly that automatically reduced by the rules, at Arms before the House. The Speaker we want to maintain the elective na- and the number of incapacitations that could decide to delay this formal step ture of this institution, as James Madi- could trigger a quorum trap also would in order to collect more information son, the father of the Constitution, en- drop. about the membership and the nature visaged it. To illustrate: If you had 300 fatali- of the catastrophe. However, if the We know very well, Mr. Speaker, ties, the rules now would require a Speaker does place the report before that ours is the only Federal office quorum consisting of a majority of the the House formally, the next step where one must be elected to be able to remaining 135 Members. There are a would be to have another very lengthy serve at the Federal level. Senators can total of 435 Members in the House, as quorum call, 24 hours, again exclusive be appointed, and we all know that, by we all know, Mr. Speaker. If we had 300 of time that the House would be in re- appointment, one can become the fatalities, the rules would require a cess. President of the United States without quorum consisting of a majority of the Finally, if enough Members for a standing before the voters. But this in- remaining 135 Members, which would quorum of 218 have not shown up at stitution is where everyone who has mean a quorum would be 68 Members. this point, then the rule would allow ever served has been elected. And I am However, if 68 or more of the remaining for the establishment of a ‘‘provi- happy that, by a margin of 63 to 353, Members were incapacitated, we would sional,’’ that is, a temporary quorum of the House rejected that proposed con- be in the quorum trap. The House the House at this point. This ‘‘provi- stitutional amendment. would be unable to function.

VerDate Aug 04 2004 04:54 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.223 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7413 Now, what about those living Mem- Now, if at any time a Member is no still be the need for a quorum to elect bers who are not incapacitated but oth- longer incapacitated and can show up, a new Speaker no matter what party erwise unable to show up and to par- then he or she is automatically added had the most Members responding. ticipate? back into the calculation of quorum. Mr. Speaker, in a time of crisis, the If, for example, a Member is stuck Once we again have 218 Members House will need one leader who can act, overseas at the time of the quorum present, then the provisional quorum not a committee, and should not be calls and makes his or her presence and under this rule change ends. concerned with partisanship. Partisan- willingness to return known, then that Finally, the Senate would always act ship should not be an issue in a time of Member’s seat cannot be declared va- as a check and balance to any action of a catastrophe like we are contem- cant through expulsion. In addition, the House under a provisional quorum, plating here. This holds true for which- the potential rule change would not as would the President, the Judiciary, ever party is in control and whoever is change or in any way modify the long- the press and the public. elected Speaker. standing provisions allowing a smaller Now, Mr. Speaker, some have noticed Mr. Speaker, we hope and pray that number of the House to arrest and that we made the Speaker’s actions in the circumstances never arise where force the return of a wayward Member. deciding to announce the report of the such an order of the House is nec- Now, the constitutionality of this Sergeant at Arms unappealable. Now, essary. But at the same time if we do proposed solution is a very, very im- why is that, that we placed this respon- not address the problem of mass inca- portant question. Is it constitutional? sibility solely with the Speaker? pacitation, we will fail at one of our Is it constitutional? Who would have The role of the Speaker is that of a most important duties, assuring con- standing to sue over this provision? ministerial act in dealing with this. tinuing representation and congres- Mr. Speaker, to me it is very clear. That act of the Speaker announcing sional operations for the American peo- Article I, section 5, clause 2 of our con- the report could only come after an ex- ple during times of crises. stitution gives the House and the Sen- tremely long quorum call, as I said, 72 Finally, I would like to advise Mem- ate authority to determine their own hours, excluding time spent in recess. bers that we hope very much to bring rules of proceeding. Professor Walter If that extremely long quorum call has these matters before the full House Dellinger, the great constitutional ex- not produced a quorum, then by defini- very soon. It is vitally important that pert, testified before our committee at tion you cannot appeal a ruling of the the House have in place a procedure to the April 2004 meeting, the hearing we Chair if you do not have a quorum deal with mass incapacitation before had on incapacitation and quorums. In present. we complete our business for the year that hearing, in his testimony, he said To make this action appealable, you and recess, before the national elec- the following, and I happen to agree would place the procedure back into tions, and before the counting of elec- with him. This is Professor Dellinger. the quorum trap, and therefore, it toral ballots. ‘‘It is simply inconceivable that a con- could not be used, because if the Mr. Speaker, as I have already done, stitution, established to ‘provide for Speaker does make a decision, the rul- I have asked unanimous consent, and I the common defense’ and ‘promote the ing could not be challenged because a know the gentleman from Texas (Mr. general welfare,’ would leave the na- quorum would not be present. FROST) was hoping to be able to par- tion unable to act in precisely the mo- Additionally, another reason for the ticipate here this evening, the ranking ment of greatest peril.’’ minority member of the Committee on He went on to say, ‘‘No constitu- unappealability of the Speaker an- Rules, and he had some comments that tional amendment is required to enact nouncing the catastrophic quorum fail- I know he plans to add into the the proposed rule change because the ure report is that the Speaker is not RECORD; and I am sure there will be Constitution as drafted permits the required to make the announcement. other Members who wish to add their Congress to ensure the preservation of By not announcing the report, he can comments to this very important issue, government.’’ stop the functioning of the proposed Professor Dellinger continued saying, rule so that more information can be which, as I said, we do not like to con- ‘‘I think there is a great advantage to gathered and considered. template, but we must take on our re- adopting a rule now if we can get really Now, what about requiring the con- sponsibility to do just that. widespread and bipartisan agreement currence of the minority leader in de- Mr. FROST. Mr. Speaker, I would like to on it, because you are acting now be- termining who should be counted for a thank the Chairman of the Rules Committee hind what one of the philosophers calls quorum? Mr. DREIER for convening this special order to- the ‘‘veil of ignorance.’’ You don’t The Speaker is the only constitu- night to discuss the very important issue of know whose party is going to be bene- tionally proscribed authority for the how the House would survive an enemy attack fitted, if we were to see mass incapaci- House. This type of decision should not that left a majority of our Members dead or tation; whose faction is going to be require equal sign-off from someone in unable to perform their duties. I would also burdened by this. No one knows what the opposite party. It politicizes a pro- like to associate myself with the comments of impact it would have on the makeup of cedure that, as I said, should be a min- my Rules Committee colleague, Mr. MCGOV- this institution. isterial procedure. The current House ERN, who is the ranking member of the Rules Now, one of the things we, of course, rules have a rare exception on minority Subcommittee on Technology and the House want to do is maintain the rights of concurrence on timing of committee and has taken a keen interest in this issue. the minority. So the question that is hearings but not on any question of Mr. Speaker, it has been more than 3 years naturally raised is, how are the rights this magnitude. And even with this ex- since the September 11 attacks and the star- of the minority protected under this ception, the chairman of a committee tling realization that the Capitol Building and potential rule change? can, by a majority vote, decide to hold Members of Congress were in imminent phys- It is important to note that the a meeting at any time, even without ical danger that morning. If not for the bravery Speaker can, at any time, recognize the concurrence of the minority. of the passengers on Flight 93, the United any Member for a motion to adjourn, We should not make the rules ‘‘par- States Capitol, the seat of our legislative which, if adopted, would stop this proc- tisan’’ in an attempt to appear ‘‘bipar- branch, could have been destroyed by an ess and force it to be completely start- tisan.’’ enemy attack, killing or injuring an unknown ed over, if he chooses to start it over at number of Senators, Representatives, and 2100 all. b staff. It is now clear we were wholly unpre- Additionally, while the report of the We should strive in a rule such as pared to deal with the aftermath of a success- Sergeant at Arms must be made avail- this, of such great magnitude, to be ful attack. We had given little thought to how able to the membership on a daily nonpartisan. This is because we do not Congress would continue performing our du- basis, the Speaker has the power to not know, nor can anyone predict, which ties if our chambers and offices were de- formally announce the report of the party would be most affected by a ca- stroyed, and many of our Members were Sergeant at Arms to the House. He has tastrophe. It is entirely possible, Mr. dead, injured, or missing. the right to not announce and, thus, Speaker, that the Speakership and con- There is no way the wise people who cre- can delay or stop the process from trol of the House could change hands ated our Federal Government could have ever moving forward. following a catastrophe. There would foreseen the possibility that enemies of the

VerDate Aug 04 2004 04:54 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00083 Fmt 4634 Sfmt 9920 E:\CR\FM\K22SE7.225 H22PT1 H7414 CONGRESSIONAL RECORD — HOUSE September 22, 2004 United States could highjack large commercial from both Democratic and Republican admin- and living,’’ which has resulted in small peri- jets and try to fly them into the seat of the istrations. After two all-day hearings and ex- odic adjustments to the quorum number as in- Federal Government. In the summer of 1787, tensive consultations with former Members of dividual Members die or resign. In the case of the Founding Fathers spent a great deal of Congress and scholars, the Commission re- mass incapacitation, where Members would time identifying, discussing and correcting the leased a report in May 2003 concluding that temporarily be unable to perform their duties weaknesses in the constitutional system they ‘‘there is a gaping hole in our constitutional but were still alive, the House would not be were creating, but we cannot fault them for re- fabric that would allow large numbers of va- able to conduct business because it would maining silent on threats to the system they cancies in Congress to continue for a signifi- lack a majority of its extant Members and were unable to imagine. cant period of time.’’ The Commission frankly therefore lack a quorum. It instead falls on our shoulders to take the admitted that it looked at all options short of The solution to this problem proposed in this necessary steps to ensure that Congress will amending the Constitution, but reluctantly con- rules change is to lower the quorum number continue to function in the face of threats that cluded that amending the Constitution to clar- by the number of Members who are incapaci- are new to our age. All Members of the 108th ify what would happen in the case of mass va- tated and temporarily unable to perform their Congress, especially those in leadership posi- cancies or incapacitation in Congress was legislative duties. In other words, in the wake tions, share the same responsibility that Mem- ‘‘the only solution that adequately addresses of a calamitous event, the House would con- bers of the 1st through 107th Congresses the problem.’’ The Commission wrote: ‘‘Our duct its lawmaking and other business not with bore during their times of service: to preserve study of alternative approaches persuades us a quorum of 218 (as is now required if all ap- the institution of Congress and the role of the that no other option provides more than a par- portioned 435 House seats are occupied), but legislative branch in our constitutional democ- tial and inadequate fix to the problem.’’ with a much smaller number of Members. For racy. As I have stated many times in the var- It has been a great disappointment to watch example, if terrorists launched a successful ious hearings and debates we have conducted the spirit of honest inquiry and comity that anthrax attack on a meeting of the Republican over the past several years, ‘‘continuity of characterized the work of the Cox-Frost group Conference and temporarily debilitated the Congress’’ is above all an institutional issue. and the Continuity Commission vanish in the 228 current Republican Members of the There is no issue on which partisan posturing 108th Congress. I have been dismayed to see House, the remaining Members could meet, or maneuvering is less appropriate. Our en- the House debates over continuity issues in declare those Republican Members incapacitated, adjust down the quorum number to 104 emies seek to destroy and disrupt our demo- this Congress revert back to the normal par- (the majority of living House Members still cratic system; they view all of us, both Demo- tisan lines. On several occasions this year, able to perform their duties), and then conduct crats and Republicans, as their common en- Republican leaders have jammed through bills any and all business, including declaring war emies. and resolutions on continuity issues with little Mr. Speaker, on the evening of September or no opportunity to offer amendments and in- and electing a Speaker. Operating under this so-called ‘‘provisional quorum,’’ the House 11, we gathered on the East steps of the Cap- adequate hearings. While Rules Committee could pass bills with as few as 53 votes (a itol as Americans and as Members of Con- Republicans deserve credit for holding a civil majority of 104 Members). and informative hearing on this proposed rules gress who had sworn to protect and defend A problem the majority has ignored through our country and our Constitution. At that mo- change last April, the only outside witness this process is whether the Constitution allows ment, our partisan divisions were meaning- they called to testify was a legal scholar who the House to adjust its quorum number down- less. We stood hand in hand and sang ‘‘God would confirm their pre-determined position wards to a figure significantly below 218 seats, Bless America’’ to show the American people that the House rulemaking power allows the a majority of the whole number of currently that their Congress was open for business and Speaker to adjust down the quorum number. apportioned seats. Instead of honestly explor- prepared to respond to the terrorist attacks. As With all due respect to the Republicans on my ing this important question, the Rules Com- the former Republican majority leader, my committee, I do not believe this single hearing mittee glossed over it. It called in one expert, North Texas colleague, Dick Armey com- confronted the constitutional and institutional the well-respected Duke Law School professor mented at that time: ‘‘I cherish the fact that complexities raised by this rules change in the and former Solicitor General Walter Dellinger, when our country needed us to come to- serious, thoughtful way they deserved. who testified that the House rulemaking power gether, we stood on the steps of this Capitol Although the resolution draft the committee is sufficiently robust and that the Constitution’s and hand to hand we sang ‘‘God Bless Amer- is currently circulating is a great improvement quorum language is sufficiently vague to allow ica’.’’ over earlier drafts, I nevertheless oppose it. I the House to adjust down the quorum number Over the 3 years that have now passed do so because I do not feel it takes all of the to account for Members incapacitated due to since that evening, there have been moments steps necessary to make sure that in the wake a national calamity. Professor Dellinger’s argu- where Members of Congress and outside ex- of a catastrophic enemy attack, the surviving, ment is that a diminished House is better than perts have risen to the challenge of honestly able-bodied Members of the House of Rep- no House at all in an emergency situation and confronting the tough questions surrounding resentatives would be able to regroup, reorga- that a literal reading of the Article I quorum re- how our three branches of government would nize, and demonstrate to the American people quirement could do irreparable damage to our endure a direct enemy attack. In May 2002, that they have risen above their partisan divi- system of government, which the Founders the Speaker and minority leader created a bi- sions to preserve the House of Representa- could not have intended. partisan ‘‘Continuity of Congress Working tives and the indispensable role it plays in our While Professor Dellinger is a well-regarded Group,’’ which I co-chaired and came to be constitutional system. It is essential that the jurist and I accept his pragmatic reading of Ar- known as the ‘‘Cox-Frost Working Group.’’ rules we establish now to govern a future cat- ticle I for the purpose of this proposed rule This group met eight times in the following astrophic situation give the remaining Mem- change, I must note that other experts are months, consulted with outside experts, and bers every possible tool to prove to the Amer- less confident that lowering the quorum is con- carefully examined the current rules and stat- ican people that all of their actions, both the stitutionally sound. These scholars argue that utes governing congressional and executive reorganization and the legislation they pass a plain reading of article I, sec. 5, cl. 3 of the succession. Late in the 107th Congress, the afterwards, are motivated only by their duty to Constitution (‘‘a Majority of each [House] shall group unanimously recommended three protect our country and our democratic form of constitute a quorum to do Business’’) leads to House Rules changes it felt would improve the government. I believe this resolution’s failure the obvious conclusion that the House can Speaker’s ability to reconvene the House after to establish a process in which a diminished only do business when a majority of its whole, an attack. The House adopted these sugges- House can only organize and do business with apportioned number is present. The Founders tions into its rules package for the 108th Con- the concurrence of party leaders will leave it viewed the House as the most purely repub- gress. vulnerable to charges of partisanship and ille- lican, representative department of the Federal Elsewhere in Washington, Congressional gitimacy. Government, whose Members were most di- scholars from two usually ideologically op- The rules change proposed in this resolution rectly accountable to what James Madison posed think tanks, the Brookings Institution addresses the issue of mass Member inca- called the ‘‘great body of the people’’ of the and the American Enterprise Institute, came pacitation. What would happen if terrorists United States. They argue that allowing a together to create the Continuity of Govern- managed to successfully injure, but not kill, a small fraction of Members to pass laws and do ment Commission to examine these problems. significant number of Members of Congress? business violates the fundamental, constitu- Commission members included former House Since the early 20th century, House prece- tional function of the ‘‘People’s House.’’ Speakers Newt Gingrich and Tom Foley, re- dents have defined the membership of the Professor Cass Sunstein of the University of spected former Members of Congress from House for the purpose of determining a Chicago Law School, for example, in testi- both parties, as well as former senior officials quorum as those Members ‘‘chosen, sworn, mony he submitted to Senator CORNYN and

VerDate Aug 04 2004 04:54 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00084 Fmt 4634 Sfmt 9920 E:\CR\FM\A22SE7.078 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7415 the Senate Judiciary Committee, takes the po- tisan makeup is significantly altered, could be sure that the decision to declare a calamity or sition that the House rulemaking power may subject to suspicions that it is acting not in the declare Members incapacitated would occur in extend to lowering the quorum, but concedes, best interests of the country, but in the inter- a manner that would be most likely to garner ‘‘To say the least, it is awkward and uncom- ests of the party that was fortunate to lose broad support and legitimacy in the House fortable to interpret a document in a way that fewer of its Members in an enemy attack. and in a country struggling in the aftermath of violates its evidently plain meaning. In addi- The rules change proposed in various drafts an enemy attack. To have legitimacy, we must tion, the quorum provision has an important of this resolution does not reassure me that be able to show Members from both parties structural purpose, which is to ensure that the Republican leadership is sufficiently sen- and the American public that our decision to laws are not made by a minority of the legisla- sitive to this concern. Under its proposed rules operate under a reduced quorum was based ture, in a way that compromises the constitu- change, in the aftermath of a calamity, the solely on our solemn duty to preserve the in- tional commitment to deliberative democracy. House would first use the power it has under stitution of the House. I proposed simple lan- (The ability to raise quorum objections to a clause 5 of rule XX to assemble a quorum guage I felt would turn a unilateral decision- voice vote is an important safeguard here).’’ through compelling the attendance of absent making process into a consensus-building, in- While I personally believe the House’s con- Members. Under this provision, a majority of stitutional process designed to garner the stitutional rulemaking power allows the House 15 Members may vote to send the Sergeant- broadest possible support. My version would to temporarily lower its quorum number in ex- at-Arms out to arrest those Members able to require the Speaker not to just consult with the traordinary circumstances, we have no assur- attend, and to otherwise account for absent majority and minority leaders, but to obtain ance our courts and the ‘‘great body of the Members. When this process is exhausted, their concurrence that a calamity has oc- people’’ of the United States will accept as le- and a quorum has not yet appeared, the curred, that certain Members are dead or inca- gitimate the laws we pass with a significantly House would go through a special 72–hour pacitated, and that it is necessary to trigger reduced quorum. In addition, Rules Committee quorum call. During this period, the Speaker the process for establishing the lower provi- Republicans’ assurances that these proposed and other House officers would be working to sional quorum. rules changes are non-justiciable are less than determine the nature and extent of the crisis. The testimony of the House Attending Phy- meets the eye. They are correct that under At the end of this 3-day quorum call, the sician, Dr. John Eisold, during the April 2004 our Federal case or controversy jurisprudence, Speaker could then present to the House an hearing, highlights my concerns about a proc- it would be almost impossible to challenge the unappealable ‘‘catastrophic quorum failure re- ess that gives the Speaker unilateral decision- rules themselves, especially before they are port’’ concluding that a calamity has taken making power. Dr. Eisold’s testimony made it invoked. But they gloss over the fact that citi- place, a large number of Members are inca- clear that determining a Member’s ability to zens injured by laws passed by a House with pacitated, and that, as a consequence, the serve in the House after a calamity could be- a diminished quorum would likely have justici- House is unable to assemble a majority of its come a very controversial matter. While med- able claims. whole number to do business. After another ical professionals like Dr. Eisold could provide Consider the following example: During a 24-hour quorum call, the quorum number the Speaker with an ‘‘objective description of period of mass incapacitation, a Congress with would be automatically adjusted downwards to the state of a member’s health as determined a diminished House imposes a punitive com- a new ‘‘provisional’’ quorum number. This pro- by the medical establishment,’’ the determina- mercial tariff on a foreign country Congress visional number would be determined by ex- tion of incapacitation is a subjective judgment, feels has not been sufficiently helpful in the cluding the Members who have died and ‘‘made by non-medical people but based on War on Terrorism. A businessman in New those Members whom the report deems inca- meaningful and accurate medical input.’’ York who imports goods from that country is pacitated, unaccounted for, or otherwise in- During Dr. Eisold’s testimony, both Mr. economically damaged by the tariff. He goes capable of attending. With this new, smaller HASTINGS of Washington and Mr. MCGOVERN to a Federal court with a claim that the tariff provisional quorum, the House would then be discussed the dangers inherent in this deter- is invalid because the House approved the tar- able to conduct any business it can currently mination-of-incapacity process. iff without a Constitutional quorum and re- conduct with a quorum of the whole number of They posed a very important question: How quests an injunction blocking enforcement of the House. do we prevent the process from becoming one the law. This businessman would almost cer- I acknowledge and am grateful that Rules where Members are declared incapacitated tainly have a justiciable claim. His facts would Committee Republicans improved on earlier based on their party rather than their medical be identical to those of the case that resulted drafts of this resolution by providing more de- condition? For example, what credibility would in the famous U.S. v. Ballin case, in which the tail on what information the ‘‘catastrophic fail- the Speaker’s decision have to declare a Supreme Court held that the House’s rule- ure report’’ should contain and by adding a re- Member of his or her own party fit to serve in making power allows the Speaker broad lati- quirement that the Speaker consult with the the House, but to declare a Member of the tude in determining the best way to count two party leaders when he or she receives other party with similar symptoms incapaci- Members to determine that a majority of the and then announces the content of the report. tated? I believe the only way to conduct this House is present and there is a quorum to But I must point out that the current language process in a manner that promotes legitimacy conduct business. The Ballin case did not does not adequately address my fundamental is to require that not just the Speaker, but the concern that the actions of a House operating reach the question of what the term ‘‘majority’’ leaders of both parties in the House, agree under a provisional quorum will be vulnerable means or whether the Speaker has the power that a certain Member is or is not able to re- to charges of illegitimacy and political manipu- to change it to a number other than the major- port for work. An incapacitation list approved lation. ity of the whole number of apportioned House Under the scheme set up in the draft resolu- by the Speaker, as well as concurred in by seats. That would be the question the injured tion, the Speaker would still have the sole party leaders, would reassure Members of New York businessman asked our courts to power (1) to determine that a catastrophic both parties and the public that the process decide and an adverse decision could cast event contemplated by the rule has occurred has been based only on the best available into doubt all of the actions of a House oper- and (2) to determine which Members are inca- medical information and the best judgment of ating with a provisional quorum. pacitated and therefore unable to perform their their Congressional leaders. I run through this scenario not just to illus- duties. While I respect the fact that the Speak- Regrettably, but not surprisingly, Republican trate that we should not presume that this rule er is the constitutionally created presiding offi- Members of this Committee have resisted my change will survive a legal test just because cer of the House, I would also note the obvi- suggestion. I have argued that changing the the Majority has found one respected legal ex- ous fact that the Speaker is the leader of the procedure from one where the Speaker merely pert who believes it is constitutional. The ac- majority party in the House. I am concerned consults with party leaders to one where he or tions of a House meeting with a diminished that the Speaker’s unilateral decisions to des- she must obtain their concurrence would quorum will be subject not just to judicial scru- ignate a disaster situation and/or to declare transform a potentially politically divisive mo- tiny, but to the scrutiny of the American peo- certain Members incapacitated will be vulner- ment into a moment where Congressional ple. Will the American people accept as legiti- able to charges of partisanship and manipula- leaders from both parties would be able to as- mate the actions of a House made up of a tion. Such charges, whether they are made sure the American people that the legislative fraction of its 435 seats? Will the American against a Republican or a Democratic Speak- branch has survived an enemy attack and is people accept laws passed by House Mem- er, would harm the legitimacy and the credi- open for business. It would foster a process bers who represent only a fraction of Madi- bility of any subsequent actions the House that would result in a show of solidarity and son’s ‘‘great body of the people’’ of the United took with a diminished quorum. strength like the one Members of Congress States? I feel that a diminished House, espe- During our discussions over the wording of showed on the Capitol steps after the Sep- cially a diminished House whose basic par- this rules change, I proposed language to en- tember 11 attacks. I believe that any Speaker,

VerDate Aug 04 2004 05:34 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00085 Fmt 4634 Sfmt 9920 E:\CR\FM\A22SE7.080 H22PT1 H7416 CONGRESSIONAL RECORD — HOUSE September 22, 2004 Democrat or Republican, who found her or raises the question of whether the temporary the House of Representatives and its indis- himself in this situation, would welcome the Speaker pro tempore would be in the line of pensable role in our constitutional system. In political and moral support of senior House succession and therefore become President. its current form, the draft rules change lacks Members from both parties. This possibility leads to another vexing ques- the tools a post-calamity House would need to An objection I have heard to my concur- tion: would the temporary Speaker pro tem- preserve our beloved institution and to dem- rence language is that it improperly limits the pore be bumped from the Presidency by the onstrate to the American public it has risen Speaker’s constitutional power to preside over new Speaker elected by a House operating above its partisan differences for the sake of the House. The Constitution and our House under a provisional quorum? Another troubling our Nation. I sincerely hope that a final version Rules give the Speaker extensive power to or- scenario would be one in which the Speaker of this rules change, whether it is adopted in ganize the House, to conduct the House’s and the Members he or she has named as the final days of the 108th Congress or in a day-to-day business, and to maintain order in successor Speakers pro tempore all perish or future Congress, reflects the spirit of unity, pa- the House. Under my proposal, with the con- remain seriously injured in an enemy attack. triotism, and duty to this House that this issue currence of the majority and minority leaders, As our current Parliamentarian John Sullivan deserves. the Speaker would retain the ministerial power testified at the April hearing, in this case, the Mr. MCGOVERN. Mr. Speaker, our Con- to issue the calamity report, trigger the provi- Clerk would take the Chair, the House would stitutional Framers drafted a living document sional quorum process, preside over a dimin- elect a new Speaker, and then reorganize in that, while not perfect, created a vibrant rep- ished House, and control the House’s agenda. the same way the House reorganizes at the resentative democracy. They crafted the Con- I must restate the obvious point, however, that beginning of each Congress. A Speaker elect- stitution as a document that could be im- this resolution is not a run-of-the-mill rules ed in this fashion would also be in the line of proved over the course of history. The Fram- change. This resolution sets the House on a Presidential succession under current law. ers themselves would probably agree that the course into uncharted constitutional territory, These startling possibilities make me more Constitution, as originally drafted, would not where questions concerning the legitimacy of insistent than ever that the process of declar- be perfect into perpetuity. Indeed, in Federalist its actions could be very serious. The Speak- ing a calamity and conducting business in a 43, James Madison states ‘‘that useful alter- er’s powers to preside over the House would diminished House be one that garners the ations will be suggested by experience, could mean very little if the House were discredited broadest possible confidence and support. not but be foreseen.’’ The Framers improved by actions the American public broadly viewed The aftermath of an enemy attack is the worst the Constitution by amending it with the Bill of as partisan and opportunistic. possible time for our country to endure a de- Rights. Since this important document was Furthermore, I would point out that while the bate over whether the sitting President prop- signed in 1789, a total of 27 amendments Speaker’s powers to run the House are broad, erly holds the office. have been added. they are finite. In a variety of ways, our stand- Finally, I find it curious that the Republicans As Members of Congress, we take an oath ing House Rules protect Members from what have resisted accepting our language to in- to uphold and defend that Constitution. It is Jefferson called the ‘‘caprice of the Speaker.’’ clude leaders from both parties in the decision our duty to take the proper actions to ensure The House can vote to remove the Speaker to trigger the reduced quorum procedure. that our democracy and our way of life are preserved for the future. The tragic attacks of and can reverse the Speaker’s rulings on Their own expert, Professor Dellinger, pro- September 11, 2001, and the threat of future points of order and calls to order. The rules posed it in the testimony he submitted to the attacks require that we ensure that there is a change contemplated in this draft resolution, Committee. Professor Dellinger’s testimony continuity of the government created by the however, makes an extraordinary departure expresses the same concern we have outlined Framers. from the principle that the House has the right in the previous paragraphs. He said: ‘‘For the Before September 11, 2001, the United to rein in a Speaker who is abusing her or his rule’s invocation to have true legitimacy, there States had withstood a civil war, attacks on its power. The resolution makes unappealable must also be some procedural guarantee that soil and attacks upon Washington, DC and the the Speaker’s decision to announce that a ca- the rule is not being improperly invoked for Capitol itself. But the continuity of government lamity has occurred and that certain Members factional reasons.’’ Out of his concerns over established by the Constitution, and the ability are incapacitated. While I agree that the ex- legitimacy, Professor Dellinger went on to of the Congress to fulfill its Constitutional du- igencies of a catastrophic situation might re- ‘‘strongly recommend that the power to invoke ties, has never been more at risk from attack. quire that the Speaker be able to act quickly the rule be placed not solely in the discretion Today, we live with the grim knowledge that a and decisively after the House has decided of the Speaker, but rather require as well the terrorist attack could take place again here in that a calamity has occurred, the Speaker concurrence of one or more members of the the United States and that terrorists may at- risks losing the confidence of Members and minority party’s leadership, from a list chosen tempt to attack and destroy this Capitol Build- the American public if he or she acts without ahead of time.’’ In other words, Committee ing. And it is with this understanding that the the concurrence of party leaders, in a manner Republicans have explicitly rejected the single Congress must ensure that the government unhappy Members or outside critics could most important policy recommendation their established by the Framers continues well into characterize as irresponsible or capricious. star witness, Professor Dellinger, made in his the future. I must also point out that any taint of illegit- testimony. The Framers and the Congress, over the imacy or political opportunism generated by I think when he used the term ‘‘factional past 216 years, created a presidential line of the House in the wake of a calamity could reasons,’’ Professor Dellinger was choosing succession in case the President is killed or easily spread to the Executive Branch. Under his words very carefully. He was no doubt re- dies in office. Article II, section 1, paragraph 6 our current Presidential succession statute, ferring to James Madison’s famous discussion establishes: the Vice President as the next in the Speaker of the House is the third in line of the dangers of faction to the republican line to take over the presidency in case the to succeed as President and a newly elected form of government in Federalist 10. One of President is removed from office for any rea- Speaker would bump any Cabinet Secretary the most persistent problems in the govern- son. This same clause also gives Congress lower in the line of succession who has taken ments of his time, Madison wrote, was: ‘‘that the power to establish the line of succession the office of President in accordance with the the public good is disregarded in the conflicts beyond the Vice President, and the Congress statute. In other words, a House operating of rival parties; and that measures are too acted by creating this line of succession, as under a provisional quorum in the wake of a often decided, not according to the rules of established in chapter 3, section 19 of the catastrophic event that has not only killed or justice, and the rights of the minor party; but U.S. Code. There are safeguards in the Con- injured many Members of Congress, but has by the superior force of an interested and stitution and established by law should a also killed the President, the Vice President, over-bearing majority.’’ President become unable to fulfill his or her and the Speaker, could have the power to There is no subject on which it is more im- constitutional duties, die, or be removed from choose the new President through the election portant for Congressional leaders to set aside office. Simply, there is a plan to ensure that of a new Speaker. their partisan differences and their instinct to the executive branch can continue to exist Under clause 8(3) of rule 1, which we turn everything into a ‘‘factional’’ dispute than should something happen to the President. adopted at the beginning of the 108th Con- the Continuity of Congress. Unfortunately, I The Constitution also established the bi- gress, if the Speaker perishes or is seriously feel that House Republicans have, at least cameral Congress—the House of Representa- injured in an attack, the Member at the top of temporarily, succumbed to their partisan in- tives and the Senate—and established that the successor list the Speaker has delivered stincts and have produced bills and resolu- the House is a body that can only be con- to the Clerk becomes Speaker pro tempore tions that reflect the ‘‘superior force of an instituted of Members who are directly elected (with all of the authority of the Office of Speak- terested and over-bearing majority’’ rather by citizens of the United States. The Constitu- er) until the House elects a new Speaker. This than a good faith effort to protect and preserve tion says that a vacant House seat can only

VerDate Aug 04 2004 04:54 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00086 Fmt 4634 Sfmt 9920 E:\CR\FM\A22SE7.082 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7417 be filled by direct election, and a seat can only But I must express my concerns with the change in the House Rules must be bipartisan become vacant at the end of a 2-year term es- public consideration and discussion of this and that there must be a bipartisan consensus tablished in article 1, section 2, paragraph 1 of issue and with the current draft that attempts before any change is made. Unfortunately, the the Constitution or with the removal of a Mem- to address incapacitation and a provisional Republican majority on the Rules Committee ber of Congress either by death, resignation, quorum. I want to clarify that I am not making decided to share a draft of the proposed rule declination, withdrawal, or by expulsion. these statements as a Democrat or as a Mem- change with Professor Dellinger prior to the However, as I’ve already stated, the Fram- ber of the minority party. Rather, I am making sharing it with the Democrats on the Com- ers of the Constitution never planned for an these comments as one Member of Congress mittee. I, for one, don’t think such secrecy is event, including an attack on this country, that committed to defending the Constitution and considered bipartisan. I, however, believe that could cause mass death or incapacitation of protecting this institution and this country. this is water under the bridge and that we Members of Congress. After September 11th, Mr. Speaker, I am dismayed that the Rules must move past such events and deal with the we need to ask ourselves how we can pre- Committee only held one hearing on this issue at hand, which is guaranteeing the conserve our government, as designed by the issue. To Chairman DREIER’s credit, the panel tinuity of Congress in case of a catastrophic Framers, in the wake of a catastrophic event. was distinguished, and the discussion was terrorist attack. I believe we still can work to- And we need to do so with an eye looking to- fairly comprehensive. But the reality is that gether and produce a true, bipartisan rule ward the future. one hearing on this issue is inadequate. We change. A key problem created by an attack that kills heard from then-Parliamentarian Charlie John- Mr. Speaker, Chairman DREIER and his staff or incapacitates more than half of the Mem- son and members of his staff, former acting have drafted a proposed rule change that, ex- bers of Congress actually lies in the way a Solicitor General of the United States Walter cept for one provision, is a good proposal. I quorum of the House is defined. It may sound Dellinger, and the Attending Physician of the am pleased that this proposed change has arcane to some, but establishing a quorum is House, Dr. John F. Eisold. While the discus- language defining the circumstances under vital to the way our government works. If the sion was lively, I don’t believe it explored the which this process can be invoked. This pro- House were not able to establish a quorum, topic of incapacitation to the fullest extent pos- posal includes time limitations on the calls of this body could not vote on legislation. In the sible. the House required to determine whether wake of a catastrophe, the House must be I am most concerned about Professor there is a real quorum in the House. Should able to act. However, without a quorum, the Dellinger’s testimony. Unfortunately, the Re- a quorum not be attained, the Sergeant-at- U.S. government could grind to a halt until a publican majority on the Rules Committee de- Arms will compile a report documenting the quorum is actually established. In other words, cided to invite only one outside witness—Pro- status of every Member currently elected to if this country were attacked again and the fessor Dellinger. This witness, while well-in- the House. I believe these are all good provi- House could not establish a quorum, we could formed and knowledgeable on this subject, sions and I’m pleased that Chairman DREIER not pass important legislation like emergency was clearly brought in to validate the major- and the Republican leadership worked with appropriations, improvements to already es- ity’s views. No other outside witnesses were the Democratic staff to improve these provi- tablished security laws, or even a declaration invited to testify. sions over the past few months. of war. Professor Dellinger is of the opinion that to However, the proposed rule change, as cur- At the beginning of the 108th Congress, the address the problem of incapacitation, we only rently drafted, allows the Speaker of the House enacted an important rule change that need to amend the quorum requirements in House, after he receives the catastrophic codified a long-standing House precedent al- House rule XX. There are other experts, con- quorum failure report from the Sergeant-at- lowing the Speaker of the House to reduce the stitutional scholars and other lawyers including Arms, to unilaterally declare that a quorum number of the quorum by one for each vacant some congressional staff, who believe that has not been attained and begin the process seat in the House. This rule change took place such a change is unconstitutional and that the to reduce the total number of Members re- with the adoption of H. Res. 5, the resolution only way to change the quorum requirement is quired for a quorum under catastrophic cir- adopting the Rules of the House for the 108th to amend the Constitution. cumstances. The latest draft shared with me Congress. Amending the Constitution is serious busi- requires the speaker to consult with the major- The codification of this precedent is impor- ness. Like Madison, I believe that amending ity leader and the minority leader on the con- tant, but it does not address the problem of in- the Constitution should be based on experi- tent of the report, but it does not require that capacitation. If any number of Members of ence, and I strongly believe amending the the concurrence of the speaker, majority lead- Congress were killed in a terrorist attack, this Constitution should not be a knee-jerk reaction er and minority leader. new rule change would allow the Speaker to to a perceived problem. But unlike other pro- Mr. Speaker, I cannot support this proposal reduce the whole number of the House that posed constitutional amendments that have without the inclusion of ‘‘concurrence’’ of the determines a quorum. But what would happen been proposed in this Congress, the constitu- speaker, majority leader, and minority leader. if an attack occurred in the United States and tional amendment to preserve the continuity of The need for concurrence of both parties in more than 218 Members were alive but not Congress, and the continuity of the American the House is not just a partisan statement able to return to the House chamber to vote? government as a whole, raises important con- made by a Member from the minority party, The reasons for this could be anything from cerns and deserves to have a thorough hear- but a real concern made by someone who re- an attack that results in over 218 unconscious ing and thoughtful discussion. Of course, the veres and respects this institution. And I’m not Members to a breakdown in the transportation devil is in the details and the specific language the only person who believes this. I want to system preventing Members of Congress from of any proposed amendment is vital. But pre- read directly from Professor Dellinger’s pre- returning to Washington. serving this country as it was founded is one pared testimony before the Rules Committee While this issue may not seem important of our responsibilities as Representatives of on April 29, 2004: compared to the issues that dominate the the American people. I want to make clear For the rule’s invocation to have true le- news these days—the continued instability that I’m not advocating for or against a con- gitimacy, there must also be some proce- and rising death toll in Iraq, the economic stitutional amendment, but only that I believe dural guarantee that the rule is not being challenges in this country, and the presidential it is a topic that deserves a fair and com- improperly invoked for factional reasons. race, just to name a few—this is something prehensive hearing. Unlike the traditional rule, where the the House of Representatives must address. Unfortunately, it appears that the Chairman quorum calculation is based on strictly objective measures such as death, the reduced Continuity of Congress, the ability to preserve and some members of the Rules Committee quorum rule for extraordinary circumstances the American government as established by and the Republican leadership have come to would be based on less clear-cut cir- the Framers in the Constitution, is an issue the conclusion—without comprehensive hear- cumstances, presenting a heightened danger that transcends partisan politics and while we ings—that a constitutional amendment is not of manipulation. This loss of objective stand- must take action to persevere the continuity of needed and that all we need to address these ards may be necessary in order to deal with Congress, it is essential that we do so in a bi- challenges is a change in the quorum defini- the special problem the rule is designed to partisan way. tion in the House Rules. address; but Congress should certainly take I strongly believe the House must act on Along with my concerns that the Rules care to minimize the risk of manipulation. For that reason, I strongly recommend that continuity of Congress in a bipartisan fashion. Committee only held one hearing, Professor the power to invoke the rule be placed not There cannot be any other way for the House Dellinger said something else that I fully sup- solely in the discretion of the Speaker, but to act and for those actions to be considered port but, unfortunately, confirms to me that this rather require as well the concurrence of one legitimate. Simply, any rule change of this process started off on the wrong foot. In his or more members of the minority party’s magnitude must transcend partisan politics. testimony, Professor Dellinger said that any leadership, from a list chosen ahead of time.

VerDate Aug 04 2004 04:54 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.084 H22PT1 H7418 CONGRESSIONAL RECORD — HOUSE September 22, 2004 This need not be viewed as an encroachment The announcement of this new part- day and comes home poor and depend- on the Speaker’s or the majority party’s au- nership was necessary today because a ent on public services. thority. large majority of Americans have lost And, Mr. Speaker, the second value There is a real danger that, after an attack faith in Congress. Over the past decade, that House Democrats promise to focus or other national catastrophe, any action taken Republicans have controlled the peo- on is our Nation’s national security. by the speaker without the concurrence of the ple’s House and have often strayed And again I have the poster here that I minority leader could have the perception of from these core American values. My would like to put up, Mr. Speaker, on partisan politics. This is true no matter which Democratic colleagues and I have been the national security issue. And as we party controls a majority of seats in the House. fighting for these causes for many can see, it says, ‘‘Guaranteeing mili- In times of crisis, any action by the House years, but this is the first time that we tary strength second to none, stopping of Representatives must be bipartisan. There have unveiled a partnership with the the spread of weapons of mass destruc- cannot be any perception that the majority is American people, a promise, if you tion, building strong diplomatic alli- using any tool as part of a partisan power will, that if the American people put ances to protect America’s national in- grab. The American public wants to be reas- their trust in us and elect a Demo- terests, and collecting timely and reli- sured that the House is acting in the best pub- cratic majority this November, we will able intelligence to keep us safe at lic interest; they want partisan politics to be work with them as partners to make home by preventing terrorist attacks put aside during a national crisis. They simply their lives and our government better. before they occur.’’ want to be safe, secure, and reassured that Mr. Speaker, the House Democrats Mr. Speaker, all Americans are proud the American government will respond to their are united, focused, and totally com- of the more than 138,000 brave men and needs. mitted to taking the bold steps needed women who are serving their country After September 11, 2001, the House came to strengthen the middle class that is in either Afghanistan or Iraq. But together and acted as one unified body. We the heart of our democracy. It reaf- President Bush and House Republicans put partisan politics aside. We held joint press firms the commitment of House Demo- sent them into a war in Iraq without conferences, we received joint briefings, and crats to six core values: one is pros- providing them with the resources and we conducted joint strategy meetings. Una- perity, two is national security, three equipment they need to complete their nimity and consensus is vital during a national is fairness, four is opportunity, five is mission successfully and come home crisis. The unified message and unified ac- community, and six is accountability. safe. Despite all the bad news out of tions—the one voice—coming from the House Mr. Speaker, our New Partnership for Iraq in the last couple of months, it is of Representatives after September 11, 2001 America’s Future begins with our com- clear President Bush has no strategy was reassuring to the American people. mitment to promoting prosperity for Any action taken by the speaker of the for success in Iraq. every American, and this poster which Over the past week, some of the Re- House—irrespective of that speaker’s party— I have which I am going to go through publican Party’s most experienced Sen- that is not taken with the concurrence of the ators on national security issues, and I minority leader could be seen as inappropriate essentially outlines each of the six val- mention Senators MCCAIN, HAGEL, and by the American people. ues that are part of the Democrats’ Requiring the concurrence of the minority New Partnership for America’s Future. LUGAR, have come out and told the leader puts the needs of the country ahead of The first one, prosperity, says ‘‘pro- American people that things are not the threat of partisan politics, and it is a nec- viding all Americans with the oppor- going well in Iraq. Yet President Bush essary protection against anyone who may tunity to succeed and to live a secure and Republicans here in the House of want to abuse our democracy during a time of and comfortable life, including good Representatives continue with their national crisis. jobs here at home, affordable health same old happy talk about how the war Mr. Speaker, although I’m disappointed that care, a growing economy with stable is going according to President Bush’s it’s taken this long to act on the issue of inca- prices, investment in new technologies, plans. pacitation—it’s been over 3 years since the at- and fiscal responsibility in govern- The fact is the war in Iraq has made tacks of September 11—I’m pleased that the ment.’’ us less safe. The President has ignored Rules Committee is finally acting on this im- Mr. Speaker, in my home State of more pressing dangers like the nuclear portant issue. I hope the chairman and the New Jersey, over 71,000 manufacturing threats that have increased in Iran and Rules Committee will look to the future, and jobs have been lost over the last 4 North Korea. International terrorist realize that concurrence is an important part of years, and more than 214,000 New cells expand on a daily basis, and we this process that it is vital to show the Amer- Jerseyans are still looking for work. have divided our friends and united our ican people that the Congress can put par- Yet House Republicans have missed enemies. tisan politics aside in the time of crisis. every opportunity to jump-start our Democrats strive to continue to build I want to thank the chairman for organizing economy. Instead, House Republicans an American military second to none. this special order tonight. I look forward to and President Bush continue to insist Along with nations around the world working with him on this issue, and I hope he that our economy has turned the cor- who are committed to freedom and se- will take my views—and those of my Demo- ner. Today, families are being squeezed curity, we also guarantee that all of cratic colleagues on the committee—into ac- by falling incomes and rising costs. our military forces will possess the count as he finalizes this proposal. The typical family’s income has fallen most effective equipment available. We f more than $1,500 under George Bush will also protect the homeland by mak- and congressional Republicans, and the ing sure that every container and ship NEW PARTNERSHIP FOR jobs that the Bush economy is creating is secure before entering an American AMERICA’S FUTURE are paying low wages, $9,000 less than port, by inspecting all airline cargo, The SPEAKER pro tempore (Mr. the old jobs that they have replaced. and by preventing the technology of BISHOP of Utah). Under the Speaker’s House Democrats would promote weapons of mass destruction from fall- announced policy of January 7, 2003, prosperity by creating new jobs, enacting into the hands of terrorists. the gentleman from New Jersey (Mr. ing middle-class tax relief, and reward- Unlike House Republicans, we as PALLONE) is recognized for 60 minutes ing companies that create jobs here at Democrats also plan to honor every as the designee of the minority leader. home. If Democrats control the House, American veteran and their family by Mr. PALLONE. Mr. Speaker, earlier we promise the American people that keeping our commitments to those who today a united Democratic Caucus we will create 10 million new jobs over have served and sacrificed for our coun- went to the steps of the U.S. Capitol the next 4 years. Democrats want to re- try. It is not fair that America’s vet- right outside these doors and unveiled form the Tax Code to reward compa- erans put their lives on the line in bat- our New Partnership for America’s Fu- nies for creating secure jobs for Ameri- tle only to return to the United States ture. This partnership reaffirms House cans here in the United States. And and realize the same government that Democrats’ commitment to six core Democrats want to assure access to sent them off to war now refuses to values and serves as a road map of the capital for small businesses to create abide by its commitments. priorities we would focus on if the jobs and serve new markets. We also That brings me to my third value. I American people voted for a Demo- want to support fair wages with good see some of my colleagues are here, cratic majority in November. benefits so no one goes to work every though.

VerDate Aug 04 2004 05:34 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00088 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.087 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7419 Mr. DEFAZIO. Mr. Speaker, will the Mr. DEFAZIO. Factually based. really sick, and I am taking a lot of gentleman yield? Mr. RYAN of Ohio. Factually based prescription drugs, and it is a big bur- Mr. PALLONE. I yield to the gen- in the American discourse today, in den on me. Medicare does not cover tleman from Oregon. 2004, that they will find that these are them. I looked at prescription drug Mr. DEFAZIO. Mr. Speaker, I want to facts. We are not making this up. The cards; it is not going to help.’’ She had at this point, since the gentleman is studies that come out, the two news- just gotten notice that her share, she proposing a positive agenda for Amer- paper articles that come out that say was going to have to pay about $70 ica, just to sort of put this discussion the U.S. Department of Housing and more a month for her apartment. in context. If people are happy with the Urban Development are cutting sub- She said, ‘‘You know, I cannot afford status quo, if they think the country is sidies for poor people to live in the city that. I do not have the money now.’’ going in the right direction, if they be- of New York or in major cities or the She said, ‘‘I am basically eating into lieve that what has happened to our banks have got their fingers in the stu- my savings and I don’t have much sav- economy in terms of the job loss over dent loans and they are making bil- ings left.’’ It was just incredibly sad to the last 4 years, the outsourcing of lions of dollars of money, we are not see that. American jobs, if they think that a making this up. This is in newspapers So she is getting hit on both sides. pharmaceutical benefit based in sub- every single day. She is getting hit by a phony prescrip- sidies to the pharmaceutical and insur- So the gentleman from New Jersey, tion drug benefit, which is costing ance industries is the way to help sen- as he goes on here, I just want the more than half a trillion dollars to the iors and other Americans afford pre- American people, again, to put in a lit- taxpayers in the United States that to- scription drugs, if they think that bor- tle bit of context here that we are not tally subsidizes the pharmaceutical rowing 600, $700 billion a year, 10 per- just making this up, that it sounds ter- and insurance industries, but delivers cent of our accumulated national debt rible and it sounds terrible because it scant benefits to a person like her. in 1 year, breaking the debt limit of is, because we have an administration Yes, there are some people who ben- the United States for the third time in and a Congress that consistently and efit from it, people who are, incredibly, one Presidency, if they look at those constantly try to appeal to the lowest even poorer than she is and have very things and think that that is a good, common denominator. They always ap- large drug costs. But very few people sane direction for this country, then peal to where they can raise the most will get a net benefit out of it. And they might not be interested in this al- amount of money from that industry then to sock her, this is where we have ternative. at the expense of average people who got to raise money so we can give But the alternative that we are offer- need help. And if we all want to move trickle-down tax cuts to the wealthy, ing as Democrats today is something forward in the 21st century, the gov- is from women like her, who worked that, instead of benefiting that one ernment needs to be involved. And I her entire life? tenth of 1 percent or maybe, to be gen- Mr. RYAN of Ohio. If the gentleman erous, one half of 1 percent of the popu- think that is what the New Partnership for America’s Future stands for. will yield further, that is the issue. It lace who are doing so well with these is the fact that over the course of the policies, then we are offering a dif- Mr. DEFAZIO. Mr. Speaker, will the gentleman yield? last 2 years this Congress and this ferent direction. President have said we need to give We do not think the United States of Mr. PALLONE. I yield to the gen- trillions of dollars back to people who America is on the right path with its tleman from Oregon. make more than $1 million a year. We fiscal policy, its trade policy, its tax Mr. DEFAZIO. Mr. Speaker, because just cannot give it away. policy, tax fairness, with its Medicare he raised a couple of provocative The downside is, we are taking it policy and health care policy, and a issues, I did a series of Medicare pre- away from somewhere. It almost is a whole host of education policies, things scription drug forums in my district, zero-sum game. We are taking it away that are important to Americans. So I and I will get to the point of what the from that senior citizen in your dis- want the gentleman to continue to de- gentleman mentioned, but what was trict and thousands of others, probably scribe a positive alternative because most interesting is I saw well over a millions of others across the country, maybe a little later in the hour I will thousand seniors in my district. who are going to suffer because of that. wax a little more eloquent about how b 2115 So ask yourself, as a voter in the bad things really are, from my perspec- A total of six had purchased the so- United States of America, do you want tive, the perspective of my district in called prescription drug discount card. the governmental policy of your gov- Southwest Oregon, and I think many Two had not gotten them yet, even ernment to be, we are going to give tax other districts around the country. But though they purchased them in June, cuts to people, $100,000 or $130,000, back I just kind of wanted to put the con- and this was August. Two got them and text on this discussion. to someone who makes $1 million a Mr. RYAN of Ohio. Mr. Speaker, will said they were worthless. One said, year or more? Or are we going to have the gentleman yield? well, it gave him about a 10 percent them pay their fair share of taxes, they Mr. PALLONE. I yield to the gen- discount. And then one other guy said are obviously doing well, they are mak- tleman from Ohio. he was doing really great. But a bunch ing $1 million a year, and use that Mr. RYAN of Ohio. Mr. Speaker, I of the other people in the audience sort money to make sure that people in just want to say, and I have tried to of shouted at him and said, no, he was your community or people in my com- say this when we have come before the a partisan guy. Whatever. Out of 1,000 munity or people in the city of New American public, that we are not mak- people, that is it. York or any major city have affordable ing this up. I mean, I think it has got- But the point is, at one of those housing? ten so bad and so much on the wrong Medicare town halls an older woman Unfortunately, we have an adminis- track in this country that if they are came, worked until she was 70 years tration and a Congress here, they do just sitting at home watching a bunch old, but all she has got, widowed, is her not understand that $70 a month means of Democrats up there talking, they Social Security, and she is living in a lot to some people. $100 a month would think they cannot possibly be subsidized housing. They just raised, as means a lot to people. We are lucky. telling the truth. It cannot possibly be the gentleman referenced about hous- We get paid okay. We are never going that bad. ing, they raised her share to the point to be in that position, thank God. But Mr. DEFAZIO. Like a Dave Barry where she came, and it was kind of sad, there are thousands and millions of routine. Right? she came in a cab, which was pretty people in this country that that affects Mr. RYAN of Ohio. Exactly, Mr. unusual, this town does not have a big their lives. They end up going to the Speaker. It is like a bad movie or a bad cab service, it is a small city, Albany, food bank because they do not have $70 novel or we are demagoging the issues. Oregon. That was a little unusual. So I a month or $100 a month. But if the American people will take saw her and greeted her. I kind of When is this Congress and this Presi- the time to not only listen to what our helped her in. dent going to begin to understand plan is but listen to our critique, which She said, ‘‘This is only the second there are American people that need is, I think, is okay. time I have been out in 3 months. I am their help? And they turn their back,

VerDate Aug 04 2004 05:34 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.211 H22PT1 H7420 CONGRESSIONAL RECORD — HOUSE September 22, 2004 and they come to our communities and gaging the future of our kids and our do away with the laws of the United say, hey, the economy is doing great. It grandkids. We are losing our manufac- States that say, you do not extend that is doing great. So maybe someone can turing, we are losing good paying jobs. to Communist countries, Communist get a job in this great economy and pay The jobs that are replacing the jobs we dictatorships. But they did with the ra- for their grandmother’s prescription have now are $7,000 or $8,000 less than tionale, oh, put them in the WTO, the drug, or that extra $70. They are just so the jobs we have that we are losing. World Trade Organization, then they out of touch, they are in fantasyland. And China, which is going to be the will have to follow the rules. I just want to say, yes, there is a greatest economic competitor to the Well, the Bush administration, de- cost. The money comes from very, very United States of America, is winning. spite the document theft I have talked wealthy people who have been given a American people, we are losing. We about time and time again, I have a break and have had a free ride over the are making bad decisions every single couple of companies in my district that last few years at the expense of those day in this Chamber. This President is have been cloned in China, a small en- people. It is not for free. making bad decisions. And the kicker, trepreneur, a small business that the Mr. DEFAZIO. If the gentleman will the kicker, is this: that we want to other side of the aisle cares so much yield further, this is something a lot deal with North Korea. This gets into about, except when it comes to, well, if people do not realize. It is one thing to the war and everything else. the Chinese are stealing your stuff, have a debate about whether we should We want to deal with North Korea. tough luck. cut taxes, pay down the debt or maybe But we cannot deal with North Korea. But they have filed one trade com- spend more on education for our kids And we want to deal and play tough plaint against China, and it was with and other programs when we had a sur- with China with their 40 percent cur- the pricing of drugs for the Pfizer Cor- plus. But this President has taken us rency manipulation, to try to put our poration. That is the only trade com- from record surplus to record deficit in business at a little more of an advan- plaint filed against China. China, who 4 short years. tage in the international marketplace. is stealing the entire product of a small So we are borrowing the money to fi- But we cannot, because we are company, a beautiful American dream nance tax cuts. We are borrowing every bogged down in a war. So instead of company in my district called Videx. A penny of the Social Security surplus talking tough with China, we have to furniture manufacturing company in this year. $160 billion more will be paid go to China and say, hey, China, can my district that refused to sell out to in out of taxes that fall only on wage- you help us with North Korea, because the Chinese, they cloned his entire and salary-earning Americans who we just have too much political capital line. Both these people have gotten earn less than $90,000 a year. and money and soldiers and everything calls from all over the United States We are giving the money they paid in invested in the Middle East. saying, that happened to us too. for their retirement, this Congress is So instead of confronting China, we These are the people that care about going to borrow it and give it substan- are in a position of weakness, and we small business? They do not care about tially to those people you are talking have to ask China to help us with small business. They pretend to care about in much greater amounts. It will North Korea. What a bad position this about small business. They care about flow to the people who earn over $1 administration has put us in. the mega-corporations that want to re- million a year. And guess what? They Mr. DEFAZIO. If the gentleman will locate to China and access the cheap do not even pay the tax. If they are a yield further, this is an excellent point. labor, and they are playing right into investor, they do not pay a penny into I do want to get back to the positive the hands of the Chinese, who are an Social Security. It is only people who agenda, but we are talking about ongoing threat to the United States of work for wages and salary. things that people need to think about. America and will be the major threat So we are going to borrow all that The control that we are giving to the in this century. money, and we are going to borrow an- Chinese and the Japanese over our But we are getting a little off track. other $440 billion. We are going to economy, basically 40 percent of the This is pretty depressing. When I go to indebt our kids and grandkids for the $600 billion trade deficit we are going my chambers of commerce and I go next 30 years to borrow $600 billion to to run this year, we are borrowing from around my district and I talk about run the government this year. Every China and Japan. They are going to get this, people get a little depressed. I program of the government except for unbelievable leverage over the future think if we talk a little more about the the Defense Department, and almost of the dollar and the future of the U.S. positive agenda, then we will get back half of that, is being run on borrowed economy. to some of the problems. money. We are borrowing from our fu- And not only that. Of course, they Mr. RYAN of Ohio. I think it is excit- ture. So we are borrowing that money are stealing our technology, and many ing what we have to talk about here. I to invest in trickle-down tax cuts. American companies are aiding and think we have outlined pretty much Mr. RYAN of Ohio. And who are we abetting them in that theft of tech- what the problems are and the prob- borrowing it from? We are borrowing it nology, because they want to access lems we face. The beautiful thing about from banks in Japan and banks in the cheap labor and the lack of envi- this system is, it is self-correcting. We China. ronmental constraints and other things have elections every 2 years. So the So here we have China cleaning our to move their companies and operate in American people will now have a clock in the manufacturing sector in China. choice, and the choice to elect, hope- the United States of America, stealing The Republicans wanted to make a fully, in this instance, a Democratic all our jobs, not paying their workers big deal about this satellite launch Chamber that has an agenda. I think anything, no environmental regula- during the Clinton administration. that is going to be great for the future tions, no human rights, no religious Boy, that is like quaint history at this of the country. freedom, all the things that this Cham- point, given the technology transfers I yield back to the gentleman from ber and this Capitol and this Congress and the theft going on today. New Jersey to explain what our agenda hold dear, that we get a lot of speeches You know, the Bush administration is. about now, in election time, is going to has filed one trade complaint. They Mr. PALLONE. Reclaiming my time, China, and we are borrowing money told us, oh, we will give China, the first let me say the next point we have from them. bloody butchers of Beijing, Castro, he on our agenda, which is fairness, actu- We are paying them interest on the is bad, we cannot even sell him medi- ally encompasses a lot of the things money that we are borrowing from cine, but the bloody butchers of Beijing you mentioned in the last 10 or 15 min- them. They take the interest and they that ran over the kids with the tanks utes or so. So I think it is very much invest it back into their state-run and the democracy demonstrators and on point. manufacturing businesses and steal the all that, we are going to give to these The point of fairness, and we have jobs in the United States of America. people permanent most-favored-nation the poster up here, basically says en- What a deal for China. status. suring equal opportunity for all, in- And we do not have anything. We are We are going to pretend they are not cluding affordable health care for ev- losing on every end, which is mort- a Communist country. We are going to eryone, spending Social Security funds

VerDate Aug 04 2004 04:54 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00090 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.212 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7421 only on Social Security, and elimi- b 2130 here was to eliminate the deficit. They nating tax loopholes so that all Ameri- So Democrats are saying that we kept talking about how we needed to cans pay their fair share. maintain an unqualified commitment eliminate the deficit. There was a I think the point is, the American to the preservation of retirement dig- group that used to come on the floor, people are not looking for special nity through Medicare, Social Security and I have said this before, but I will treatment. What they really want is and sound pensions. Unlike the Repub- say it again, there was a group that fair treatment. Yet for the past decade, lican Medicare bill, Democrats guar- used to come on the floor during Spe- the House Republican majority has fo- antee a prescription drug benefit with- cial Orders every night, just like we do, cused on the needs of the wealthiest in the Medicare system. We would also here we are, and they had a clock, a Americans to the detriment of our Na- allow access to lower-cost, reimported digital clock that was the whole length tion’s middle class. prescription drugs and permit the Sec- of this podium. And they would have Over the past 4 years, household in- retary of Health and Human Services the pages bring it out, and they could come has dropped by more than $1,500. to negotiate on behalf of our Nation’s barely carry the thing. And every night Instead of helping middle-class fami- 40 million seniors to substantially re- they would say, this is how much higher the Federal deficit went. But, boy, lies, Republicans forced through a tax duce the cost of prescription drugs. cut that provided the wealthiest 1 per- I know the gentleman has already we do not see anybody on the Repub- cent of families with a tax cut worth commented on some of this, and I yield lican side coming down here now talk- almost $100,000 over 4 years. to the gentleman. ing about the deficit. It is the largest How can congressional Republicans Mr. DEFAZIO. Mr. Speaker, let us deficit we have ever had. say that is fair? You all talked before just sort of go back to those two Mr. RYAN of Ohio. Mr. Speaker, if about the Republican tax cuts and who points, because they are very impor- the gentleman will yield, I was in col- they went to. tant to a large number of my constitu- lege actually at the time of the great Democrats are saying that we would ents, Social Security and Medicare. Contract With America, of which one enact tax relief that is fair to the mid- This year, Social Security will over- of the fundamental principles was that dle class, make health care affordable tax individuals who work for wages and we were going to have this balanced for every American, and provide tax in- salary and the self-employed earning budget amendment. And my God, I centives to assist employers in offering less than $89,000 a year. They will pay mean, when we look at where we are affordable health insurance to all em- more in taxes than necessary to sup- today, reckless, reckless leadership, ployees. port the system, under the theory that Congress spending like drunken sailors. Mr. DEFAZIO. That is an insult, re- The preferential treatment Repub- that $160 billion we are going to ex- licans have shown our wealthiest ferring to drunken sailors. tract only from wage- and salary-earn- Mr. RYAN of Ohio. I am sorry. That Americans also unfairly affects our Na- ing people who earn less than $90,000 a tion’s seniors and the millions of baby- is true. I apologize to all of the sailors year, those who are not the big bene- out there. But clearly, there is no con- boomers that are closing in on the ficiaries of the tax cuts, to put into a cern for these budget deficits that we golden years. Four years ago, thanks trust fund to pay for their retirement. are running, putting our country in a to the fiscal policies of President Clin- That would be great. position of weakness with some of our ton, both Social Security and Medicare Unfortunately, this Congress is going foreign competitors. were solvent. to borrow every penny of that money, So I think it is important that the When Republicans finally grabbed every penny, and replace it with IOUs. American people just at least see the control of the White House and Con- Some good part of it will go to pay for duplicity of some of the comments that gress 4 years ago in 2001, they promised tax cuts, borrowing money to pay for we are getting here today, a party that to extend the solvency of Social Secu- tax cuts for people who do not pay So- was clearly for fiscal responsibility. rity and Medicare. But as we know, in- cial Security taxes and do not ever I have to be honest with my col- stead, the Republicans have spent the care if they collect a cent because they leagues. When I go back home, and I entire Social Security surplus. Much of are so wealthy; they may not even be live in a pretty strong Democratic area this money has gone to tax breaks for eligible, because they may have never in northeast Ohio, I am running into the wealthiest Americans and also worked for salary and wages, who have more and more Republicans that are caused the large deficit that you men- been just investors their entire lives very, very frustrated with the behavior tioned. with their inheritance. of the Congress and the President run- If you think of it, Republican policies Now, remember, we voted seven ning these deficits, because they have call for spending the entire Social Se- times; it was before this gentleman ar- always been fiscally conservative. That curity trust fund surplus every year for rived, but I believe the gentleman from has been a cornerstone of the Repub- the next 10 years and beyond. So that New Jersey was here. Seven times we lican Party for many years, and now, is where you get into your deficit. voted on a lockbox for Social Security. they are looking and saying, wait a Republicans also were not thinking The Republicans were berserk about minute. And here we are as Democrats of fairness when they passed this giant that; Lockbox, lockbox, do not spend trying to put in the PAYGO provisions, $500 billion Medicare bill last year that that Social Security money. Well, I that if you provide tax cuts or any provides huge payoffs to HMOs and the voted for it every time. Guess what? kind of spending increases, you have to pharmaceutical companies, again, the George Bush became President, the pay for them. And I think we have special interests. At the same time, lockbox is gone, broke open the door, evolved as a Congress over the last 10 this Congress provided a miniscule pre- grabbed the money and ran. And there or 15 years, and we recognize how dan- scription drug benefit to our Nation’s is no more talk of the lockbox. gerous these deficits are. But a Repub- seniors that forces seniors to go out- So all of that money is being ex- lican House, a Republican Senate, a side of Medicare to get prescription tracted only from people who work for Republican President, $600 billion def- drug assistance. wages and salary and is going to be icit, unending war in Iraq, borrowing Now we know what happened. We borrowed and spent. Now, that is ex- from Social Security, borrowing from heard within the last few weeks about traordinary. And how are we going to the banks in China; very, very dan- the Medicare premium is going up 17 honor the IOUs with deficits as far as gerous proposition. percent, the largest increase we have the eye can see proposed by this Presi- Mr. DEFAZIO. Mr. Speaker, we will had in the whole history of the Medi- dent and this majority? How are we move on to the second point the gen- care program, and the majority of that going to repay those IOUs? tleman made about Medicare, and I is because of the Medicare prescription Mr. PALLONE. Well, I have to tell think that that is an extraordinary drug bill, or so-called prescription drug the gentleman, he talks about the past point the gentleman made, the largest bill, which gives all of this money back on the floor of the House. And I re- one-year premium increase in history, to insurers, particularly the HMOs, and member when I was first elected back far exceeding any senior’s Social Secu- also to replenish the Medicare trust in 1988, and for those first few years, rity cost-of-living adjustment. A funny fund, which they borrowed from in through the late 1980s, early 1990s, the thing, when they calculate cost of liv- order to pay for the tax cuts. policy or the theme of the Republicans ing, they do not include health care

VerDate Aug 04 2004 04:54 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.214 H22PT1 H7422 CONGRESSIONAL RECORD — HOUSE September 22, 2004 costs, pharmaceutical costs, it seems. change the direction of this Congress, now currently lending out student They tell seniors, oh, well, your cost of the House and the Senate. And then we loans at 3.5 percent, but the govern- living is going up 2.4, 2.6 percent. So to can roll it back, and we can give a ment is reimbursing them for 9.5 per- a senior, except perhaps wealthy sen- meaningful benefit at much less cost. cent. So if we do not fix this, for exam- iors who own their own home; I mean Mr. PALLONE. Mr. Speaker, I would ple, in the next 6 months, there will be there are very few people who can say, like to move to the next point, because $3 billion wasted that will go right to gee, my cost of living is only going up I know it particularly relates to the 30- the banks. I am not making this up. 2.4 percent a year. plus group. Our colleague, the gen- This is crazy. Mr. Speaker, $3 billion The point is that with the Medicare tleman from Ohio (Mr. RYAN), has been that will go to the banks. bill that we passed, the White House basically out front on the issue about So, all we are saying on the Demo- hid how much it costs. I mean, there is how we need to address the concerns of cratic side is that we believe that that now a former employee who has now the younger generation. And this one, $3 billion should be put into the Pell become a very highly paid lobbyist, of course, is the value that talks about grants. We believe that that should be, very common with this administration; opportunity, providing Americans ac- maybe, used to actually lower the in- highly paid lobbyists, go work in the cess to the tools to succeed as they terest rates that average students administration and then become highly choose, vibrant public education sys- would need to be paid so they would paid lobbyists again. This guy was head tem accountable to the highest stand- not have to pay and invest that money of the Health Care Financing Adminis- ards for every school and a chance for to increase access and opportunity for tration. He told a career employee who all children to reach their potential, people. was asked by Congress, how much will including an affordable and accessible How are we going to compete with this bill cost, an actuary, and he fig- college education. China and Japan and India and all of ured it out. And he was told, the career Now, since the Republicans have these countries that are stealing all of employee was told by the political ap- failed to provide promised funding for our jobs if we are not willing to actu- pointee, who is now a million-dollar-a- education reforms, millions of Ameri- ally fund the education programs in year lobbyist rewarded by the pharma- cans have gone without help in reading the United States of America? We need ceutical and insurance industry, if you and math and without after-school pro- more people competing. We need more tell Congress how much this will really grams that boost academic achieve- entrepreneurs. We need more sci- cost, I will fire you. ment and keep kids safe. Republicans entists. We need more mathematicians. Well, here is a guy who works for a have underfunded education programs We need more engineers. We need more living, has a family, career civil serv- by $27 billion over the past 4 years na- math and science teachers. We need more people wanting to be astronauts ant, and he was a little bit scared for tionwide. And of course, the President, and move the country forward in the his job, so he did not tell Congress how as we know, several years ago heralded 21st century. But if we do not invest, much it would really cost. He wrote it the No Child Left Behind program but we are not going to see the return on down, transmitted it to his boss, but he never funded it. And unlike Repub- that money. But we would rather give did not go to the press. He did not want licans, Democrats would provide oppor- the $3 billion to the banks. Again, I am to lose his job. tunity through high-quality, early Well, now, the Bush appointee has not making this up. childhood education, vibrant and ac- I do not have anything against moved on to his million-dollar lob- countable public schools and an afford- bying job, a little reward that he got banks. They own my house, and they able college education. own my car, so there is nothing per- from the pharmaceutical industry for I have to say that the number-one having lied to Congress, and we find sonal here, but it is just as a policy de- issue, when I go back to my district, cision, we need to spend that money in out that it is going to cost more like that people are concerned about is a different way, and it is the same half a trillion dollars, maybe six-tenths health care. That is the one I hear thing with No Child Left Behind. of a trillion dollars, and most seniors about the most. But the second, the In Ohio alone, all of the new man- are going to get more cost than ben- one I hear about second is education, dates that the No Child Left Behind efit. Some seniors will actually pay particularly the inability for families Act instituted for local school dis- more, those who have less than $1,000 a to finance their kids’ higher education tricts, Ohio alone in one year, are un- year in drug costs will actually pay which, whether you are in public or derfunded by $1.5 billion. Now, Ohio more under this plan. And seniors in private school, the costs keep coming had a provision; 75 percent of the kids the doughnut hole, well, they get the up. needed to graduate. No Child Left Be- doughnut hole; we know what that is. I know that the gentleman from Ohio hind came in and said, you need 100 And then, some people who have over has talked about this many times in percent, so we are going to have the tu- $4,000, $5,000 a year drug costs, they the evening when he talks about the 30- torials, the after-school programs, the will get some benefit. But that is their plus, so I will yield to the gentleman. summer programs, everything else; vision. And they prohibited Americans Mr. RYAN of Ohio. Mr. Speaker, I ap- never sent the money. So, good idea, from reimporting less expensive, FDA- preciate the gentleman bringing this right? We want the next 25 across the approved drugs from Canada, and they up, because I think whether we are finish line so that they can compete outlawed Medicare bargaining for less talking about trade with China or what and create wealth and value in our so- expensive drug costs for all Medicare we are going to do, I mean, I think ev- ciety. Great idea. But if you do not recipients. eryone agrees in the country on invest- fund the program, and you put it on We could have had a program for ments in education, whether it is K the backs of the locals who do not want nothing, not one taxpayer cent, just through 12, actually funding No Child to vote for property tax levies as it is, like we do with the VA. Everybody in Left Behind, which would be a nice where is the progress? Medicare has a card. Medicare goes out idea, or making sure that average citi- So, again, we are saying that, if we and bargains lower prescription drug zens in the United States of America want to move the country forward, we costs. Just like I get in Blue Cross Blue have access to our colleges and univer- have to make these kinds of invest- Shield as a Federal employee, they ne- sities. ments. And to the American people gotiate discounts of 60, 70 percent. We I just want to share a couple of exam- who are out there, President Bush could have provided a more meaningful ples. Today, in one of the New York promised to increase the Pell grants benefit for no money, but guess what? newspapers, they did an editorial. Basi- when he first ran. He did not do it. He It would not have made the pharma- cally, what is happening with the col- promised to fund No Child Left Behind. ceutical and insurance industries a lege students, and this just illustrates He did not do it. This Congress made huge pile of money. And they were how egregious the infiltration of the the same kind of commitments. They against it and the White House nixed money folks in this town can be, there did not do it. Who has flip-flopped? it, and that is now the policy of the is a provision in the Department of Who has flip-flopped? United States of America. And there is Education that guarantees banks a 9.5 Mr. DEFAZIO. Mr. Speaker, the point only one way we can change that, and percent return interest for a loan that the gentleman made is little under- that is to change the presidency and to they make, 9.5 percent. Well, they are stood, and I have a whole bunch of

VerDate Aug 04 2004 04:54 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.215 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7423 those guaranteed student loans to get to pay for the President’s signature How disconnected are we? through, and what you said just really bill, much of which is repetitive. Mr. PALLONE. I agree with you. It merits revisiting. National testing. We have State test- really leads into our next point. ing. We did not need national testing. I Mr. DEFAZIO. Let me just on that, I b 2145 voted against the Clinton mandate for support the pledge as it is. I learned it The Federal Government is going to national testing. I thought my Repub- that way. I think it is fine. The courts guarantee banks 9.5 percent rate of re- lican colleagues were sincere when have in fact ruled many times that the turn for extending loans to students to they joined me in that. Bush becomes use of God on our currency or our coin- go to college to get a higher education. President, proposes an identical na- age or, in this case, under God in the Now, it is a great thing that we can tional testing mandate to President pledge is diminimus. It is not a viola- help kids get a higher education. That Clinton’s, guess what a majority of the tion, and there is in fact no current is good. But the point is those loans Republicans voted for? I voted against threat. are guaranteed by the Federal Govern- it. I voted against a Democrat and a The one case that was pending ment. The bank has no risk. Zero risk. Republican President. It was a stupid against those words in the pledge was I always thought interest had some- idea. It is very expensive. They are thrown out by the courts. There is no thing to do with risk. So if the bank teaching to the test. It is a new man- threat from the so-called activist judi- has no risk, how is it that they are date, and we are not paying for it; ciary at this point in time because the going to get guaranteed? Washington, D.C. is not paying for it. one that had been filed was thrown out. Mr. RYAN of Ohio. Just to clarify, if These are the kinds of policies, the But instead of addressing real issues a student defaults on a loan and takes hypocrisy that we are getting out of for which they have no answer, here is out $10,000 worth of loans in Columbus, that side of the aisle is unbelievable. something where there is a non-exist- Ohio, or Youngstown State University, The American people need to start pay- ent threat, but there is a real threat to bolts town and moves to Oregon, who ing a little bit of attention to what the kids who cannot go to college. picks up the tab? these people are really doing to them. There is a real threat to the seniors The government. So the bank only Mr. RYAN of Ohio. The beautiful that are cutting their pills in half be- benefits. If they pay the loan back they thing, I do not know if it is beautiful or cause they cannot afford them. There make the 9.5 half percent interest when not, but the craziness that we have op- is a real threat to the woman I talked they loan it out at 3.5 and if the guy erating now in the United States Con- about who will be thrown out of her bolts town, the Government picks up gress. We have a thousand kids dead in subsidized housing in Albany having the tab. Great deal. Iraq. We have thousands upon thou- worked her whole life because she can- Mr. DEFAZIO. If we took instead and sands of kids that we have probably all not afford it any more. said, hey, let us go back to a program visited up at Walter Reed that are in- There are incredible threats to our that we developed in the 1950s, Na- jured. We have 1.5 million kids moving troops in Iraq because of a reckless for- tional Direct Student Loans, National into poverty. We have 5 million more eign policy, but they have no answer Defense Student Loans they were origi- people that are uninsured. We have for those things. So they want to dis- nally called, and said the Government subsidies for housing getting cut, so tract people with things that most of is going to make the loans to its young poor people cannot afford their rent us agree on. We like the Pledge the people, guess what? The Government any more. We have Medicaid going up. way it is. There are a lot of things we always knows where to find you. We have no cost controls for the pre- love about our country, but they want So the Government could do it with- scription drugs. We have a million kids to divide us on those issues and not out having the banks in the middle and that will not, or 250,000 college eligible deal with the real problems. for the difference in what the gen- kids that will not, go to college be- Mr. PALLONE. Both of the gentle- tleman is talking about between 9.5 cause they cannot afford it. We have men commented on communities and percent and say if the government the Pell grant that is 40 percent of the concerns that communities have, charged 3.5 or 4 percent, the current what it was when it started in the and that is clearly the next point that Treasury bond rate to the students, we 1970s; and tomorrow we are voting on we have here, so we can just go right can give one million more Pell grants the Pledge Protection Act, to protect into it. or a couple of million more loans to the pledge. The fifth point of the Democrats’ new students. But instead, we are going to Now, we know it is the end of the ses- Partnership for America’s Future is give money to the banks, the poor suf- sion. Whether you are for it or against community; essentially working to- fering, long suffering banks. They need it, we know it is not going anywhere. gether for safe communities, free of the help, the subsidies. The Senate is not going to take it up. crime and drugs, supporting local busi- On the other side of the aisle we hear It is divisive. It is a reason not to vote nesses and groups, to keep our families about free market economies and soon anything of major policy substance safe and our neighborhoods strong, and cialism and all that stuff. What is this? in this Congress. enforcing our anti-pollution laws to Why is the Government subsidizing The Democrats have a plan that is keep our air and water clean and banks? The second point is made about going to move the country forward. My healthy with polluters paying for the No Child Left Behind. I have a State colleagues are out campaigning too. damage that they cause. that we have got some real problems People are tired of the politics. The di- Republicans have tried to cut back funding primary and secondary edu- visive issues that we bring forth today, on support for local police officers, sup- cation. I have not seen the number as we do not want to talk about student porting proposals that would slash big as Ohio’s, but our number in the loans, because then we cannot raise funding for the COPS program which tens of millions of dollars that No money from the banks. We do not want has put thousands of cops on the street Child Left Behind is underfunded. It is to talk about Medicare costs because nationwide. As you know, that was a an unfunded mandate. then we cannot raise money from the major initiative that President Clinton Again, early on when the Repub- insurance companies and the pharma- had, and that put a lot of police on the licans said no more unfunded man- ceutical companies. So what do we talk street in communities throughout the dates, I was with them. I was sincere. I about? The Pledge of Allegiance. nation 4 or 5 years ago or even longer. said I do not think we should send What is going on? If you are sitting But in addition to that, the Repub- down these mandates to local govern- at home and you lost your job and you licans have even drained the Superfund ments, down to schools and other com- cannot send your kid to school and tui- program. One of the points that was munities. The Federal Government tion is going up and there is a local made today when we had the press con- wants to send down new rules, they property tax on for your local school ference unveiling the new partnership should pay for them. The President’s district, there is a mental health tax was that we have about 719 sites that signature bill. No Child Left Behind, on, there is a tax on for your police and are under the Superfund program, haz- $15 billion underfund, $15 billion being fire because we have cut the COPS pro- ardous waste sites that currently have extracted from the States and local gram and the Congress is talking about the potential to endanger the families school jurisdictions that cannot afford the Pledge Protection Act? or the health of the families that live

VerDate Aug 04 2004 05:34 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.216 H22PT1 H7424 CONGRESSIONAL RECORD — HOUSE September 22, 2004 nearby. But what the Republicans have substantial portion of the burden for ture of our kids, one of the issues I done is about 10 years ago when they cleaning them up. There is a new sort want to touch on briefly is the issue of first came into the majority under of vision on the other side of the aisle security which ties into what the gen- Speaker Gingrich, they have decided here, the Republicans saying, well, if tleman was talking about before with not to renew the tax on oil and chem- you want to clean it up, clean it up really all of these issues, account- ical companies that pay for the Super- yourself. ability, community, national security. fund. So there is no money left in the Hey, somebody made money creating Superfund any more to clean up these that mess. That is what this is all b 2200 hazardous waste sites. about. They made money. So tough Democrats would protect the safety luck. The same thing has happened in Two cops in a town that I represent, of our communities with strong law en- my State. We have a major Superfund the city of Warren, Ohio, will be elimi- forcement and community policing. We problem. We have been told, well, nated because of the cuts that this ad- would also invest in better transpor- sorry, there is no more money to deal ministration and this Congress have tation choices to fight congestion, cre- with those sites. Maybe you people passed through the COPS program and ate jobs, and improve the quality of would like to clean up. We have got to through HUD, two cops in a town of life. And we would also restore the live with it, and someone else created 48,000 people that has four cops on pa- Superfund tax legislation that would it. trol at midnight on a Saturday night. force polluters to clean up their own I have not noticed exactly that the Who is making us more safe? Cer- mess rather than the American tax- oil and gas industries are hurting. tainly not the policies of this adminis- payers. Somehow I think I saw the last quarter tration, checking one container out of Right now what happens is if a when they were gouging the heck out every 50 that comes into the ports of Superfund site needs to be cleaned up, of the American consumers with $2 and the United States, which I do not have we have to use what we call general $2.20 a gallon of gas that they made to explain to the gentleman here or the revenue funds which are moneys that record profits. So if they made record gentleman here or me, Ohio, even. come from income taxes primarily, so profits, how is it that they cannot af- What are we doing? the taxpayers are paying for the clean ford a minimal continuation of the I mean, Senator KERRY may not have up. Whereas it used to be before the Re- Superfund tax which would lower their phrased it properly that we want to publicans came into the majority, the profits a tiny bit, but not very much. fight a different war or a more sen- oil and chemical companies would pay Mr. PALLONE. I have to tell my col- sitive war, but we are not fighting that tax into the Superfund and that leagues that we only have 4 minutes World War II anymore. This is an intel- money would be used to clean up the left so I want to get to our last point. ligence war where you can make a Mr. DEFAZIO. We do not want to sites. bomb that fits into a briefcase that can In addition to that, there has been leave accountability because there is a blow up millions of people. heck of a lot of that missing around every effort on the part of Bush and So the American people have to look here. the Republicans to not enforce the very closely at the kind of policies that Mr. PALLONE. A lot of this relates are coming out of this Congress right Clean Water Act, the Safe Drinking to the deficit issue talked about before. Water Act, and the Clean Air Act. We now, and we are not offering a very Our last point is accountability: bright future, I do not think. And I am could go on and on about their efforts holding those in power accountable for not a pessimistic person; I am probably to basically water down that legisla- their actions, acting responsibly for more optimistic in most instances than tion or those provisions that relate to our children by restoring fiscal dis- I probably should be. But we are not water and air. cipline and eliminating deficit spend- doing things right now, and there is a I do not know if the gentleman wanting with pay-as-you-go budgets and re- critical, critical, critical election com- ed to comment on any of those. I could quiring real consequences for CEOs and ing up here that defines that the two say myself that the woman that was at corporations who break the law at the parties are clearly in different posi- our press conference today from Marl- expense of those who play by the rules. boro, New Jersey, that talked about Again, all the families nationwide tions: tax cuts, spending $600 billion the Superfund program is actually in have seen their share of the national more than you are taking in, jeopard- my district and that was a perfect ex- debt, as my colleagues talked about izing the future of the country; ample. She did not go into the details, earlier, increase by $52,000 and face a outsourcing jobs; and trying to say but the two Superfund sites she men- debt tax of $10,000 over the next 6 that this war in Iraq, which is the cen- tioned, one of them is Imperial Oil. years. Unlike Republicans, Democrats tral front of the war on terrorism that What happens now is, because we do will also refuse to cater to the Nation’s we are losing is somehow making us not have money in this trust fund from special interest at the expense of the safer; or the Democrats that are say- the tax and oil and chemical indus- middle class, will require real con- ing, let us take care of the United tries, at the end of the fiscal year sequences for CEOs and corporations States of America, fund the education which is August, September, right that break the law. programs, fund cops, firefighters, port about now, these various States get This is the last part of our new part- security, national security, homeland some kind of notice from the Federal nership with the American people, our security, get these troops back home as Government saying, we do not have promise to honor these six values and soon as possible and make sure that we any more money to clean up your site. the policies that they represent. are investing in education and health We are short of money this year. Mr. DEFAZIO. Let me ask a very care so our kids and grandkids can That is what happened to the Impe- simple question on that. Since every have a bright future to create this new rial Oil site. They got a notice saying person that consumes electricity in my economy that we do not know what it they were not going to have enough State is paying about 40 percent more is going to be yet, but we know if we money, and so we had to go back and today for the same electrons from the educate them everything will be okay. try to get the funding and try to scrape same plant because of the manipula- That is our plan, and I want to thank around and see if there was money tion of the markets by Ken Lay and the gentlewoman from California (Ms. available. That never happened before the fact that the Bush administration PELOSI) and the gentleman from Mary- when the Superfund existed because with Pat Wood and the Federal Energy land (Mr. HOYER) and the gentleman the money was there, paid for by the Regulatory Commission would not do from New Jersey (Mr. MENENDEZ) and very companies that were creating the anything about it, does that mean that the gentleman from New Jersey (Mr. pollution. Ken Lay would finally go to jail? PALLONE) and the leadership of our Mr. DEFAZIO. I think it is a fair Mr. PALLONE. I think so. caucus for providing us a message to go principle to say that the companies Mr. DEFAZIO. I support account- to the American people where they can that are responsible for the pollution, ability if that is what we will get out say that Democrats get it, the Demo- the companies that made a profit when of it. crats have a plan. they created those hazardous waste Mr. RYAN of Ohio. I think when you We saw real people today in the and those Superfund sites should bear a talk about accountability and the fu- United States Capitol that have real

VerDate Aug 04 2004 04:54 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00094 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.218 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7425 issues, that need our help, and the gov- The reason is that we have only so leagues and help educate the American ernment is here to help. Maybe some- many resources in the United States of people. times we do not do everything right, America, and we attacked and invaded I am sure you are aware that just re- but we are here to help, and I hope that with an international coalition into Af- cently there was what is described as a we can fulfill what the gentlewoman ghanistan. We ousted the Taliban gov- national intelligence estimate which from California (Ms. PELOSI) wrote in ernment that was harboring al Qaeda painted a very bleak picture of the fu- here, that our actions are worthy of and harboring Osama bin Laden, and ture in Iraq. The national intelligence the aspirations of our children. we sent Osama running into the Tora estimate is a compilation of informa- Mr. PALLONE. Mr. Speaker, I appre- Bora region on the Afghan-Pakistan tion drawn from the CIA and other ciate the gentleman’s comments, and I border. We had this international coali- American intelligence agencies. As I think the thing that you said that I tion, and we were going into Afghani- indicated, it presents a very, very really want to stress the most, because stan and we were going to rebuild this bleak picture. we are almost done here, is the fact country, and we were going to make it It is outlined that there are three dif- that this is an optimistic vision, that a thriving democracy. We were going ferent scenarios. The one that is most we are full of hope, and we have a basic to have a democracy in that region. disturbing is the possibility that Iraq vision that says that we will work with There is a great article in the Atlan- not only will be fractured, but that a the American people as partners to tic magazine this week, for those of full-scale civil war could break out at make their lives and our government you who are at home who want to read any time, but I guess, as a Member of better. it and get the complete analysis and Congress, what is more disturbing is We are optimistic about what can be the timeline of how this happened. that it was just, I think, yesterday done, but we also feel that it can only Then at one point, all of a sudden, all when the question was posed to Presi- be done if we change the majority and of the generals and all of the military dent Bush, what about the national in- if the Democrats have the opportunity planners in the United States of Amer- telligence estimate and the very pessi- to implement this partnership with ica began to shift their attention from mistic perspective that was presented America after November 2. Afghanistan to Iraq, and they took in by our own intelligence agencies, that So I thank both gentlemen. troops. We now have 130,000 troops in his response was, well, they are guess- f Iraq. In Afghanistan, we only have 17- ing, they are guessing. or 18,000. That certainly is disturbing to hear IRAQ WATCH The Special Forces were moved as our leader, the leader of the free world, The SPEAKER pro tempore (Mr. well, and then even as it states in this make that kind of a statement. I won- MCCOTTER). Under the Speaker’s an- article, the satellites that were focused der if he reached that conclusion prior nounced policy of January 7, 2003, the on Afghanistan, that were trying to to our national tragedy of September gentleman from Ohio (Mr. RYAN) is rec- provide intelligence, were also moved, 11 when he was presented what is called ognized for 60 minutes. and they were shifted to Iraq. So how a Presidential daily briefing on August Mr. RYAN of Ohio. Mr. Speaker, we symbolic that we shifted our focus to 6, 2001, that was titled ‘‘Bin Laden De- are going to continue the conversation Iraq and took away from what was termined to Strike in the United here and switch gears here just a little going on in Afghanistan. States.’’ I wonder if he was guessing at bit with the gentleman from Massachu- Slowly but surely, Afghanistan began that point in time because he had that setts (Mr. DELAHUNT) and continue the to unravel. We ended up with a full- information, and now, now we are pre- Iraq Watch and talk a little bit about blown war in Iraq, and here we are, sented again with a national intel- the foreign policy issues that have been many, many months away from that, ligence estimate that presents a far facing this Congress and facing the stuck in a quagmire in Iraq that many different scenario than what we hear country for a few years now and trying of us have no idea how we are going to from the President, from the White to figure out a way in which we can try get out of. I am glad to see that Sen- House, from the Vice President. to correct this problem that we have ator KERRY has issued a plan on how Of course, tomorrow, the interim gotten ourselves in. we are going to get out of there. prime minister will be addressing this Let me just first say that the whole We have to bring in an international House. I think it is important to under- Congress, Republican and Democrat coalition. That is the only way to do stand that this was a prime minister Parties, Independents, House and Sen- this. If we do not get troops in and sup- that was selected through a nonelec- ate, President, we are all very much in port and money from the international tive process. I am sure we are going to support of the troops who are out on community, the only thing left is to hear a lot of rhetoric. It will sound the front lines, their families who are have a draft in the United States of good, but it is not the true picture, I making tremendous sacrifices that America. If you ask the American peo- would suggest, of what our intelligence many of us will never ever know. ple, would you rather have a draft or agencies tell us is transpiring in Iraq I have had the opportunity to be up try to unite the international commu- today. to Walter Reed and visit some of these nity, I think most Americans would Mr. RYAN of Ohio. Mr. Speaker, we injured soldiers, and there is nothing say let us get the international com- had the same situation here when we more heartbreaking than to see a 19-, a munity united to put troops into Iraq, had the President of Afghanistan here, 20-year-old kid who has lost his or her but this current President cannot do told us how great everything was going legs, an arm, and just think about all that. in Afghanistan, how there was not a their hopes and dreams that have, in Mr. Speaker, I yield to the gentleman drug problem in Afghanistan, we were many ways, been washed away. from Massachusetts (Mr. DELAHUNT), going to have elections, on and on and So we are taking this opportunity who has been a real leader on this issue on. here as Democrats to talk a little bit and more articulate than anyone else I would be happy to yield back, but about how we got into this position, in this Congress on the problems and just the American people need to know and I want to start on an issue that I challenges in Iraq. that this is almost going to be a repeat feel extremely passionate about. Mr. DELAHUNT. Mr. Speaker, we do performance of what we heard a few When this all started after 9/11, the not engage in hyperbole during the months ago. United States of America and an inter- Iraq Watch hour, your generous words national coalition moved forward in are a bit overstated, but I want to b 2215 Afghanistan, and we moved forward in thank you for claiming the time this Mr. DELAHUNT. Well, Mr. Speaker, Afghanistan because they were housing evening. I know my colleagues who are the noted conservative columnist, a the Taliban and they were housing or regulars on the Iraq Watch are coming. prominent Republican, William Buck- harboring Osama bin Laden, who was We are assembling. ley, recently made the statement that the main perpetrator of 9/11 on the We want to review again what the this administration has a dismaying United States of America. So many of current status of events in Iraq and the capacity to believe its own PR. us are confused, myself included, why Middle East are so that we can inform Well, you know, this is not about we went into Iraq in the first place. ourselves and hopefully inform our col- public relations. This is about war and

VerDate Aug 04 2004 04:54 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00095 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.219 H22PT1 H7426 CONGRESSIONAL RECORD — HOUSE September 22, 2004 peace and the loss of American mili- there were links between al Qaeda and President quashed efforts to take out tary lives and untold hundreds of bil- Saddam Hussein. That was false, and Zarqawi before the war in Iraq started lions of dollars of American taxpayers’ we know it was false because the inde- because they did not want to diminish money. That is what this is about. To pendent commission, five Republicans or undercut their argument of why simply say that things are rosy, and and five Democrats, concluded that it they needed to go to Iraq. they are guessing, I think does a dis- was inaccurate. Mr. STRICKLAND. Mr. Speaker, will service to our intelligence agencies. Mr. INSLEE. Mr. Speaker, if the gen- the gentleman from Massachusetts Again, to point to the article that tleman will yield. yield to me on that point? was as recent as September 16, it was Mr. DELAHUNT. I yield to the gen- Mr. DELAHUNT. I yield to the gen- on the front page of the New York tleman from the State of Washington, tleman from Ohio. Times. It was entitled, ‘‘U.S. Intel- a regular member and cochair of Iraq Mr. STRICKLAND. I just wanted to ligence Shows Pessimism on Iraq’s Fu- Watch. point out to my friend from Wash- ture’’: ‘‘A classified national intel- Mr. INSLEE. Mr. Speaker, I want to ington, Mr. Speaker, that not only is ligence estimate prepared for President follow up on what Republican Senator this gentleman that he is talking about Bush in late July spells out a dark as- CHUCK HAGEL said, because I think it is responsible for some of the beheadings, sessment of prospects for Iraq, govern- accurate. He said, discussing the situa- the reports are that he himself, he him- ment officials said Wednesday. There’s tion in Iraq, ‘‘It is beyond pitiful. It is self has been the individual that has a significant amount of pessimism, beyond embarrassing. It is now in the actually carried out the beheadings of said one government official who has zone of dangerous.’’ And I want to reit- Americans. read the document.’’ erate that that is not just rhetoric; Mr. INSLEE. If the gentleman from This is just unacceptable, to have the that is reality. Massachusetts will continue to yield. President of the United States say, in The reason I know it is reality is be- Mr. DELAHUNT. I continue to yield response to a question, that they are cause we just lost a man from to the gentleman from Washington, just guessing. And before we go any Lynwood, Washington, last week, Cor- Mr. Speaker. further, I think we should indicate poral Steven Rintamaki, 21 years of Mr. INSLEE. In June, according to that, while we happen to be Democrats, age, who will never be coming home, NBC news, in June 2002, the Pentagon our concern is shared by many promi- killed in action in Iraq while serving drafted plans to attack a camp Zarqawi nent Republicans, including men that proudly and with distinction in Iraq. personally was using with cruise mis- serve in the United States Congress. So Yes, indeed, this is in the zone of dan- siles and air strikes. The plan was what I have done is I have extracted gerous. And this country deserves an killed by the White House because they some quotes from our friends and col- administration who will be forthright did not want to undercut their argu- leagues on the other side of the aisle. and truthful and is not looking through ment publicly that we had to go into On September 19, just several days this situation with rose-colored glass- Iraq. ago, Senator JOHN MCCAIN said this on es. Again, 4 months later, Zarqawi Fox News, ‘‘I’d like to see more of an What CHUCK HAGEL said, that we are planned to use ricin, this deadly poi- overall plan articulated by the Presi- now in the zone of dangerous, I think son, in terrorist attacks in Europe. The dent.’’ Well, so would the American we can say in spades that that is the Pentagon drew up a second plan to go people. situation. after Zarqawi. The White House killed Senator RICHARD LUGAR, another I learned something tonight, Mr. it again because it would interfere with prominent Republican, chairman of the Speaker, that is so disturbing I just the action, the public message that we Senate Committee on Foreign Rela- have to share it. Osama bin Laden, who had to go to Iraq. tions, less than a week ago, in response is still at large somewhere in the world In January 2003, the pentagon drew to a question about the slow pace of re- tonight, after the President told us he up still another attack plan, and for construction in Iraq, had this to say, would get him dead or alive; he is still the third time, the White House killed ‘‘Well, this is incompetence in the ad- at large. The al Qaeda network is still it because ‘‘military officials insist ministration.’’ functioning and now attacking our their case for attacking Zarqawi’s op- ‘‘The fact is, a crisp, sharp analysis troops in Iraq. And we have been very eration was air tight. But the adminis- of our policies is required. We didn’t do concerned for some time that this ad- tration feared destroying the terror- that in Vietnam, and we saw 11 years of ministration, in its action in Iraq, has ist’s camp in Iraq could undercut its casualties mount to the point where we taken its eye off the ball of destroying case for war against Saddam.’’ finally lost. We can’t lose this. This is the al Qaeda network and diverted re- If this is true, this is a gross derelic- too important. There’s no question sources and attention into Iraq, there- tion of duty. We have now seen mul- about that. But to say, ‘Well, we just by increasing the risk that al Qaeda tiple instances where this administra- must stay the course, and any of you would remain a threat. And, indeed, tion has moved forces that could have who are questioning are just hand- Osama bin Laden is alive tonight and is been used to destroy the people that wringers’, is not very responsible. The a threat. killed almost 3,000 Americans on Sep- fact is, we’re in trouble. We’re in deep I learned something tonight. We tember 11 and moved them in this ef- trouble in Iraq.’’ That is CHUCK HAGEL, knew about the administration moving fort to go into Iraq under the pretense respected Republican from Nebraska. resources from Afghanistan that could that there were weapons of mass de- CHUCK HAGEL goes on to say, ‘‘It’s be- be used in the hunt for Osama bin struction and under the pretense that yond pitiful. It’s beyond embarrassing. Laden. The Predator aircraft, the al Qaeda was responsible for September It is now in the zone of dangerous.’’ drone that moves around, they moved 11, both of which have been shown to be Well, again, I think we have learned that to Iraq before we got done looking false. that much of what we hear coming for Osama bin Laden. We know that This bears scrutiny and investiga- from the White House is fodder for a the administration has more people tion, and it demonstrates why we need political campaign. But let me suggest checking on people going to Cuba as a new fresh approach in the war that the President should put aside tourists than they do trying to inter- against the fundamental nihilists who politics, not continue to paint a rosy dict monies going to al Qaeda. We are still out there planning to attack picture when those who ought to know, know about those diversions in this this Nation. know that the reality is totally dif- prioritization. Mr. STRICKLAND. Mr. Speaker, if ferent. Do not mislead the American But let me tell you about one I the gentleman from Massachusetts will people. The American people were mis- learned about tonight. NBC news today yield once again. led before. They were misled when it reported that the administration three Mr. DELAHUNT. I yield to the gen- was presented to the American people times had the opportunity to take out tleman from Ohio, Mr. Speaker. right on this floor that there were terrorist Abu Musab al Zarqawi who, Mr. STRICKLAND. Mr. Speaker, weapons of mass destruction in Iraq. right now, could be associated with some may ask, why are these Members It was the American people who were some of the beheadings we have seen, of the House of Representatives stand- misled when it was suggested that actually, his network. Three times the ing here talking about past history?

VerDate Aug 04 2004 04:54 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00096 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.227 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7427 Why are they not talking about what is of failures and, additionally, a refusal dent say something like that that has happening today? Well, sadly, we lost to accept responsibility. been so discredited? Mr. DELAHUNT. Mr. Speaker, re- three more American soldiers today. b 2230 Three more today. Every day we are claiming my time, let me suggest this losing American soldiers. It would be so much more credible for as an answer. Because if one repeats it But we are talking about what has the President to stand up and acknowl- often enough, a large number of people, happened in the past and the mistakes edge the serious consequences that oc- unfortunately, will accept it. That is that were made in the past because the curred as the direct result of this pol- why it is important to have in a leader- very people who are responsible for icy. ship role during these very dangerous that terrible misjudgment or those I thought it was interesting that the times an administration that will be misjudgments are the very same people individual that he appointed to con- forthright, that will be honest, that who want to remain in power so that duct the survey in Iraq to determine will admit mistakes, and that will lis- they can make decisions for the future. where at that point in time, because we ten to others. That is what is impor- So, in a sense, as we talk about what were told that there were weapons of tant. happened in the past tonight, we are mass destruction, where they were lo- Mr. STRICKLAND. Mr. Speaker, will doing it because we are concerned cated, called on the President and that the gentleman yield? about the future. We are concerned man’s name is David Kay, as many of Mr. DELAHUNT. I yield to the gen- about the same people who made such us know, called on the President to tleman from Ohio. terrible misjudgments, who misled the come clean with the American people Mr. STRICKLAND. Mr. Speaker, it American people, want to continue to because he was concerned that if we did takes strength and it takes confidence be in those positions of power. not do so, if the President did not do to be willing to admit a mistake. And, I would agree with my friend that we so, then the credibility of the United quite frankly, we have not heard the have misplaced our priorities. During States would be eroded and that when President or the Vice President admit the Republican convention in New another international crisis erupted any mistakes, any mistakes. Anytime York, the President spoke for 63 min- and we had to seek out support from there is bad news coming out of Iraq, utes during his acceptance speech. And other nations, this time we would be and it is coming out on a daily basis, all during that convention there were looked at as having misled not only the the word we get from the White House multiple references to the tragedy of American people but the rest of the is, we expected that. September 11, when so many Ameri- world. And that is exactly what has Mr. DELAHUNT. Mr. Speaker, re- cans were killed. But it is almost be- happened. claiming my time, they say that now. yond belief to know that the President If anyone has traveled abroad, the But they were not saying that during talked for 63 minutes, and never once antipathy and the hostility that has the course of the major combat phase. did he mention Osama bin Laden. been expressed about this President They were saying that we were going There are multiple references through- and, tragically, about our Nation be- to be greeted as liberators, that people out that week to Saddam Hussein, but cause of the errors and the lack of will- would be dancing in the streets. That is not one reference on the part of the ingness to accept responsibility has absolutely false. And yet they insist on President to Osama bin Laden, the man hurt our national interests and our na- maintaining the message. But it is not who was responsible, the one who at- tional security, when his own ap- an honest message. tacked our country, the one who mas- pointee who was highly regarded and Mr. INSLEE. Mr. Speaker, will the terminded that terrible day of Sep- highly respected was the chief weapons gentleman yield? tember 11. of mass destruction inspector ap- Mr. DELAHUNT. I yield to the gen- It is as though he has disappeared. pointed by this President said, Mr. tleman from Washington. We do not hear his name mentioned President, come clean, tell the Amer- Mr. INSLEE. It seems to me we are even by the President. He is the one ican people that we were all wrong. He at a Y in the road; and as Yogi Berra the President referred to in this very said that here in this building in a said, when you are at a Y in the road, chamber when he said, ‘‘He can run, hearing before the Senate Foreign Re- take it. But this administration is re- but he cannot hide.’’ The sad truth is, lations Committee. And what does this fusing to recognize the need for a he ran, and he has successfully hidden. White House do? They continue to change in policy in Iraq. Their message And in his hiding, he is planning the shuffle. They reluctantly say, well, to the American people is more of the next attack upon this country. That is maybe that was a mistake. And then same. Same old, same old. We are the sad truth. the Vice President continues to sug- doing just fine. It is hunky-dory in It is almost as if we have decided gest that somehow there are links be- Iraq. So let us keep doing what we have that Osama bin Laden is no longer im- tween Saddam Hussein and Osama bin done here for the last year and a half. portant, this one who was the major Laden. The only link is that Osama bin I want to suggest there are four person responsible for attacking us. It Laden despised, despised and hated, things that need a major change in our is almost beyond belief that we could Saddam Hussein, whom he considered a Iraq policy or we will face certain fail- find ourselves in this situation at this corrupter of Islam. ure and more deaths, as my con- point in time after all that has hap- Mr. STRICKLAND. Mr. Speaker, will stituent did last week. pened. I just think we should remind the gentleman yield? Four things: number one, we have ourselves that we have not yet appre- Mr. DELAHUNT. I yield to the gen- got to have a meaningful, timely train- hended the person who attacked our tleman from Ohio. ing program to train the Iraqi forces so country. Mr. STRICKLAND. Mr. Speaker, it is that they can take responsibility for Sure, we have gone into Iraq. We true that in spite of all evidence to the their own country, which is the only have spent about $200 billion. We have contrary and in spite of the report of way this is going to be successful. seen about 6,000 or 7,000 of our soldiers the bipartisan 9/11 Commission that What do we find this administration injured. We have lost well over 1,000 the Vice President continues to insist has done in regard to retraining the American lives. Yet the man who was that there was a connection between Iraqi Army? We are now a year and a responsible for attacking us is a free Iraq, al Qaeda, and the attack upon our half after the invasion of Iraq, a time man tonight, and he continues to be a country. period where we knew, if somebody was danger to us. It is amazing to me that in spite of thinking about it, that we were going Mr. DELAHUNT. Mr. Speaker, re- all of this evidence that the Vice Presi- to have massive retraining needs to claiming my time, when we talk about dent would continue to say that. I train about 250,000 troops. That was failure, from the beginning, after our mean, it is contrary to every expert, going to take some work to do that. resources were diverted from the mili- every study, the 9/11 Commission. Even One would think people would figure tary action that was achieved in Af- the President himself has disassociated that out. But it is a year and a half ghanistan, the policy that has been himself from that contention. And yet after the invasion of Iraq, and this ad- promulgated by this administration the Vice President continues to make ministration still has less than 40 per- can only be characterized as a sequence the accusation. Why did the Vice Presi- cent of even the people responsible for

VerDate Aug 04 2004 04:54 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00097 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.228 H22PT1 H7428 CONGRESSIONAL RECORD — HOUSE September 22, 2004 training the Iraqis working for us to throw back in our faces and shoot at Mr. DELAHUNT. Mr. Speaker, the get this job done. We only have half the our Marines and soldiers is most trou- gentleman means no-go zones. capability, according to an article of blesome. Mr. INSLEE. No-go zones, Mr. Speak- September 20; 230 of the 600 we knew There is a third thing that needs to er. And the problem is the no-go zones were going to be necessary are on the change, and I want to note it. We need are not going to be no-go zones perma- job. to get busy allowing the Iraqis to re- nently. At some point we are going to This administration has dropped the build Iraq. If we listen to what these have to ask American sons and daugh- ball on a fundamental thing that is re- insurgents are saying, they are angry ters to go into Fallujah, and they are quired for success in Iraq, which is to because they do not have electricity, going to be fired at by insurgents. And train their security forces. And why and they blame us for it. Frankly, I do the problem is those insurgents tonight did they do this? I know why they did not think they should be blaming us are building bunkers and recruiting it. Because they told us we were going for it. They should be blaming Saddam and building taps and they are building to be greeted with open arms, rose pet- Hussein for it. But they do blame us. car bombs. They think many of them als, and the Iraqi equivalent of cham- We need to get a reconstruction pro- are assembled in Fallujah and driven pagne. Why would we have to train all gram that is working. And the reason around the country, and we are not these soldiers and police officers? It it is not working, the reason we have rousting those groups out. And we are was going to be a cake walk. spent less than 10 percent of the money going to have to face their guns when Mr. DELAHUNT. And, Mr. Speaker, that we voted on a bipartisan basis on they are emboldened and empowered we would not have to pay for it. a variety of occasions to apply, the rea- and in a tougher position. That is ter- Mr. INSLEE. And we would not have son that money has not been spent, $18 rible military doctrine. It is a mistake. to pay for it either, Mr. Speaker. So billion have been appropriated, less And it is going to cost American lives. here we are a year and a half after the than $2 billion has been spent. Why And I think that it is one of those invasion, this administration still has have they not spent the money? For things that needs change. less than half the infrastructure we this reason: this administration has in- Mr. STRICKLAND. Mr. Speaker, will need to get this job done. So that is sisted that instead of hiring Iraqis to the gentleman yield? Mr. DELAHUNT. I yield to the gen- number one that needs a significant do the construction and Iraqi busi- tleman from Ohio. change in policy. nesses and Iraqi employees, they want Second, we need an administration Mr. STRICKLAND. Mr. Speaker, be- to hire their pals at Halliburton; and fore the gentleman goes to his fourth who will say we have got to have elec- they insisted that American contrac- tions sooner rather than later. When point, these no-go zones are made up of tors, many of whom happen to be sig- the largest cities in Iraq. The largest we had a brief window where we were nificantly connected to the administra- not getting bombed and RPG’d for cities in Iraq are no-go zones right tion, do this. now. The gentleman is right. We are about 3 months early in this campaign, And the Iraqis are the ones who are not going into those cities now. But we had a chance for elections. But the unemployed. Those are the people we the elections are scheduled for the end President sent Mr. Bremer over there, should be hiring to get this job done. of January next year. And there is and he put the kibosh on elections. Every Iraqi that gets a job is one less every intention that we are going to go Sistani wanted elections. They would Iraqi willing to join the insurgency. into those cities before the Iraqi elec- not allow them. And here we are in this But, no, this administration wanted to tions. If they have the Iraqi elections pickle. make sure Halliburton got the money. and much of the country cannot par- And this is why this is important. Mr. STRICKLAND. Mr. Speaker, will ticipate, it will be considered an in- They are telling us, Mr. Allawi is going the gentleman yield? valid election. People will not be able to tell us tomorrow, that we are going Mr. DELAHUNT. I yield to the gen- to accept it. So we know that the in- to have great elections on January 31 tleman from Ohio. tention of this Pentagon, President in Iraq. That is great except for one Mr. STRICKLAND. Mr. Speaker, on Bush and Secretary Rumsfeld, is to go problem: there are huge swaths of Iraq one point, returning soldiers have told into these no-go zones before the end of today, in late September, that are not me that Halliburton is literally im- January. under the control of the Iraqi govern- porting Filipinos to do much of the ment. Fallujah, Ramadi. We heard work in Iraq. As the gentleman said, b 2245 about a battle a couple of miles south the Iraqi people are unemployed. They But they are not doing it now, and I of Baghdad yesterday. How are they have no source of support for them- think my friend has indicated why we going to have elections to get this job selves and their families. They are just are not doing it now. We are not doing done? They are not prepared to get it unemployed with no incomes. And yet it now because it is going to be a tough done, and the only way we are going to Halliburton is importing Filipinos and thing to do. We are 41 days in front of do this is to only have about 50 percent workers from other parts of the world our elections, and so basically we are of the country voting. who will provide cheap labor for them letting these no-go zones fester. Mr. DELAHUNT. Mr. Speaker, re- while the Iraqis go unemployed. That Even members of the Taliban now are claiming my time, does the gentleman is just one example of the terrible pol- moving into some of these no-go zones. know what they call those large swaths icy that this administration is fol- So we have the terrorists, the insur- of territory? lowing right now. gents, building up their networks with- Mr. INSLEE. Mr. Speaker, if the gen- Mr. INSLEE. Mr. Speaker, will the in these no-go zones, and when we do tleman would further yield, those large gentleman yield? go in, it is going to be terribly difficult swaths are called no-go zones. And that Mr. DELAHUNT. I yield to the gen- to dislodge them, to overcome them means that nobody from the Iraqi gov- tleman from Washington. and overtake them. But every day that ernment or we go to. Mr. INSLEE. Mr. Speaker, I believe passes that they have these sanc- What is happening tonight with those the reason that Halliburton is doing tuaries, basically, they are able to inno-go zones? The Iraqi insurgents are that is that they do not want to deal crease their strength, to increase their planning to kill Marines and building with the difficulty of hiring Iraqis. ability to resist once we do decide to go up their capability of doing it, and we With all due respect, we have to get the into these areas. are not going after them. I am con- Iraqis involved in their own economy, Mr. DELAHUNT. Mr. Speaker, re- cerned, I am concerned, that one of the or they are never going to be on board claiming my time, I think I would sug- reasons we have adopted these no-go in a new government. And this admin- gest this, that what we are seeing in zones is because this administration istration, in their lust, in their lust, to Iraq, because of the incompetence of wants no casualties, which none of us continue their relationship with Halli- this White House and this administra- want ever, but he particularly may not burton, has squandered this oppor- tion, is a burgeoning number of safe want them before November 2. We tunity to get Iraqis involved in their havens for terrorism. Yet we hear that never want casualties ever, but to own reconstruction. And it has hurt us there is progress being made on the allow these insurgents to build their big time in the insurgency that is now war on terror. How absolutely false forces which they are later going to raging across wide swaths of Iraq. that is.

VerDate Aug 04 2004 04:54 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00098 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.230 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7429 Again, if I can just take 2 minutes, I On point two, the issue of rebuilding deal with these no-go zones. And if it is do not want to leave the impression Iraq, when Senator LUGAR, Republican true, and I believe it is, that as each that we are speaking here in partisan Senator, was asked—— day passes the insurgents who are oc- tone, because so many prominent Re- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE cupying these areas increase their publicans, colleagues of ours, share The SPEAKER pro tempore (Mr. strength, increase their ability to re- this view. If I may, just indulge me for MCCOTTER). The Chair would remind sist our Armed Forces or the Iraqi a moment to read some quotes. Members to refrain from improper ref- forces once they do go into those areas, From the former vice chairman of erences to the Senate or its Members. then it leads me to the only conclusion the House Permanent Select Com- Mr. INSLEE. Well, Mr. Speaker, let that I think is rational or logical, and mittee on Intelligence, Doug Bereuter, me rephrase. When a prominent Repub- that is that military decisions are highly regarded and well-respected. lican individual who served in public being influenced by political consider- Upon leaving here he sent a letter to office in a post that involves a 6-year ations, namely the November 2 election his constituents. In it he said, ‘‘I have term was asked why only $1 billion of in this country, and that is terribly reached the conclusion now that the $18 billion appropriated last year for troubling. inadequate intelligence and faulty con- Iraqi reconstruction, why less than 10 I think the American people ought to understand what is going on here, be- clusions have been revealed; that, all percent of that had actually invested cause it involves the well-being of our things being considered, it was a mis- in Iraq, he said, ‘‘Well, this is the in- soldiers, and I think it involves the take to launch that military action, es- competence of the administration.’’ credibility of our government as we pecially without a broad and engaged ‘‘This is the incompetence of the ad- reach out to the world for partners and international coalition. Our country’s ministration.’’ That is what this has reputation around the world has never partnerships. been. We need someone competent run- Mr. DELAHUNT. Reclaiming my been lower and our alliances are weak- ning the operation in Iraq. time, of course it does. The gentleman ened. Now we are immersed in a dan- Point three, the point we have been talks about our soldiers. I do not think gerous, costly mess, and there is no saying, that our military people are there is any community in this coun- easy and quick way to end our respon- going to be endangered as a result of try that expected the need to call upon sibilities in Iraq without creating fu- not training people and getting into our National Guard and our Reserves ture problems in the region and in gen- these no-go zones, another prominent to the extent that they did, particu- eral in the Muslim world.’’ Republican, who once recently ran for larly when the Deputy Secretary of De- That is somebody who served on the President and suffered grievously at fense, Mr. Wolfowitz and Secretary Permanent Select Committee on Intel- the hands of a fellow Republican in Rumsfeld dismissed General Shinseki, ligence in this House. South Carolina, said ‘‘it was a major who at that point in time was the head A former advisor to Mr. Bremer, who error in allowing insurgents to keep of the United States Army, his esti- was personally recruited by Dr. control of the City of Fallujah after mate that 200,000 to 300,000 troops Condoleezza Rice, the National Secu- vowing to oust them.’’ would be needed. They said that was a rity Advisor, had this to say about 3 The same quote: ‘‘As Napoleon said, wild exaggeration. weeks ago. His name is Larry Diamond. if you say you are going to take Vi- Mr. Wolfowitz, that neoconservative ‘‘We are significantly worse off strate- enna, you will take Vienna,’’ this who in many ways was the intellectual gically than we were before. There are unnamed prominent Republican person author of this adventure, dismissed it, really no good options.’’ Another Re- in a 6-year post said. because as DICK LUGAR said, we were publican. The fact of the matter is, these are going to be treated to flowers and the Let me quote William Buckley once major policy failures of this adminis- Iraqi equivalent of champagne and more. ‘‘If I knew then what I know now tration. It is costing us in lives, and we dancing in the streets. How long did about what kind of situation we would need a change. that last? be in, I would have opposed the war.’’ Unfortunately, this administration But now, but now, oh, no, now we are Someone who works in this building has one prominent rule in Iraq, and an calling up on a regular basis for deploy- on the other side, ‘‘Our committee economic policy, for that matter: Do ment after deployment our Reserves, heard blindly optimistic people from not bother me with the facts. I told to the point where Lieutenant General the administration prior to the war you guys it was going to be roses. I told James Helmly, who heads the U.S. and people outside the administration, you we were going to be treated as lib- Army Reserves, said just this past what I call the dancing in the street erators. Despite the fact we have this week that the war in Iraq is creating crowd, that we just simply will be horrendous problem in Iraq, we are not great stress on the Reserves, and he is greeted with open arms. The nonsense going to change our policy one wit.’’ concerned that they will have a tough of all that is apparent.’’ We need a fresh policy in Iraq, and, time meeting their recruiting goals The lack of planning is apparent. one way or another, we have got to get next year. He also noted that the Re- What we had here was a volatile com- it. servist jobs in Iraq are just as dan- bination of the ideology, the so-called Mr. STRICKLAND. If the gentleman gerous as regular troops. There is no neoconservative influence in this ad- will yield, as I am standing here listen- more a secure rear area. Our truck ministration, combined with a mag- ing to the two of you talk I have a drivers and our military police have nitude of incompetence that if it oc- chilling thought, and that thought is become frontline troops, again under- curred in the private sector, heads this: In spite of all that has gone scoring the incompetence of the plan- would have rolled, people would have wrong, even today it seems as if mili- ning in terms of the military planning been fired and a new team would come tary decisions are being affected by po- and the reconstruction phase of this in. litical considerations. inept administration. Mr. INSLEE. If the gentleman will Now, I understand what a serious Mr. STRICKLAND. If my friend will yield, you mentioned a pretty explosive charge that is, that military decisions yield, just one example of the incom- word, which is ‘‘incompetence.’’ When would be affected or mandated or influ- petence was the fact that our soldiers we have our sons and daughters at risk enced by political considerations. But were sent into Iraq without body for their lives, over 1,000 of whom we why would we allow these no-go zones armor. We hear a lot of talk in this have lost now, it is a pretty serious in Iraq to remain no-go zones when we Chamber about body armor. We have charge to suggest that an administra- know that that cannot continue, that heard a lot of accusations that some- tion has been incompetent in the pros- we have got to change that situation how a particular person running for ecution of this mission. before the end of January, if in fact the President other than the President So I just want to quote a Republican Iraqi elections take place as planned, himself is responsible for voting Senator in this regard, or two Repub- and the administration insists that against body armor. But the fact is lican Senators in regards to points two they will take place? that initially, when our troops went and three that I talked about in saying That means that at some period of into battle, they were sent into battle that we need a major change in Amer- time between now and the elections in without body armor. Thousands of ican policy in Iraq. Iraq in January we are going to have to them were there without body armor.

VerDate Aug 04 2004 04:54 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00099 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.232 H22PT1 H7430 CONGRESSIONAL RECORD — HOUSE September 22, 2004 I wrote Secretary Rumsfeld about Mr. STRICKLAND. Mr. Speaker, if when they went into the military. That that and asked him to give me a date the gentleman will yield, if we go back is why everybody in this chamber is certain when they all would be well- and recall the circumstances sur- hearing stories about 50-year old people equipped with this armor, because I rounding that $87 billion, remember who left their career for a year, came had heard from a young soldier, who when the President went on national back, now have to go back for another happened to be a West Point graduate, television and announced to the Amer- year, and goodness knows how many one of my constituents, he said, ‘‘Con- ican people he was going to ask for an years, because they have not com- gressman, my men are wondering why additional $87 billion, his approval rat- mitted the troops that are necessary to they don’t have body armor?’’ ing fell like a rock, because the Amer- get this job done like General Shinseki The fact is that that decision was ican people were upset that the needs told them. made to send our troops into battle here at home were being so woefully This President wanted to fight this without body armor, and the war start- neglected, and here the President was, war on the cheap. It has cost us in ed months before the vote on the $87 coming, asking for an additional $87 lives, it has cost us in deficit spending, billion that is now being used to accuse billion. and we need a new policy. We do not others of depriving our troops of this So many of us thought that the fair say this just to be critical; we say this vital equipment. That is just one exam- thing to do was to take that portion of to get a new policy in Iraq. Unless we ple. But we also know that they were the $87 billion that was going to Iraq get that, we are heading into deep, sent there without armored Humvees for the rebuilding of schools and clinics deep trouble. and in insufficient numbers. These are and roads and bridges in Iraq, and to Mr. STRICKLAND. Mr. Speaker, as I examples that I would consider incom- make that available as a loan that said earlier this evening, the only peo- petent leadership. Incompetent leader- would be paid back to this country ple sacrificing for this war are the sol- ship. It continues to this very day. once Iraq was stable and they had diers and the people who love them. Now, the President was asked this these huge oil sales which was going to They are the only ones who are sacri- past week how he could defend his make it possible for them to repay that ficing, and that is sad. statements about how well things were loan. And the White House said, no, no, f going in Iraq in light of the recent re- no. We will only make this money EMOTIONAL TRIP TO RUSSIA port from the intelligence community available as an out-and-out gift. saying things were not going well. Mr. DELAHUNT. A give-away. The SPEAKER pro tempore (Mr. He answered this way. He said, ‘‘Well, Mr. STRICKLAND. Yes, a give-away. MCCOTTER). Under the Speaker’s an- they laid out three possibilities: One, So they went to Madrid to this so- nounced policy of January 7, 2003, the things would be lousy; two, things called donors’ conference and they gentleman from Pennsylvania (Mr. would not be so good; and things would came back and they were trying to WELDON) is recognized for the remain- be better.’’ convince us as a Congress and as the der of the time until midnight. Well, ‘‘things being better’’ was not American people that all of these other Mr. WELDON of Pennsylvania. Mr. one of the possible outcomes, as we countries had ponied up, had given Speaker, I rise not to refute or answer heard from the intelligence commu- their fair share. And what did we find the comments that we just heard for nity. The best that they said we could out, as the gentleman from Massachu- the last several hours, but I will make expect was just more of the same, of setts (Mr. DELAHUNT) has said here, all a couple of comments. First of all, what we have right now, and the worst of these countries that made monies rather than listen to Members of Con- was out-and-out civil war within Iraq. available made them available in the gress and this body talk about the con- There was no better scenario. form of a loan. They will, in fact, at ditions in Iraq, tomorrow the American The President seems incapable of just some point be repaid for whatever they people will have a chance to listen to speaking forthrightly and in a candid give, but not the good old USA. We the Prime Minister of Iraq himself manner about the real situation to the gave our money away, and now the whose life has been threatened 4 times, American people. So we hear this President is criticizing those of us who attempted assassinations on him. I happy talk, and every day, more and fought to have this given as a loan, im- think the American people should lis- more and more of our soldiers are being plying, I guess, that somehow we did ten to that gentleman, Prime Minister lost. not care about the troops. Which is, Alawi, to have us get an understanding Mr. DELAHUNT. Mr. Speaker, re- quite frankly, a little outrageous. of how well his country is responding claiming my time, I think what we are Mr. INSLEE. Mr. Speaker, if the gen- to our effort. saying is please, Mr. President, just tleman will yield, there is another as- In terms of the need for the use of give it to us straight, okay? Try a lit- pect of this $87 billion that we need to our Reservists, as the vice chairman of tle bit of Harry Truman. Lay it out point out, of whose money the Presi- the Committee on Armed Services, I there, the good, the bad and the ugly. dent wanted to spend. He wants to would just remind our colleagues that The American people can handle it. spend our grandchildren’s money. Be- it was during the 1990s that our troops The American people deserve to know. cause every single one of those $87 bil- were deployed 38 times. None of those Unfortunately, this particular White lion he committed to Iraq, which had deployments were paid for and, as a re- House has an obsession with secrecy. to be spent in some sense, but instead sult, we had to cut the size of our mili- of us paying for it and dealing with it tary. The Army, for instance, in almost b 2300 with taxes, he wanted, and he con- half, cutting our armored divisions We know that. Everybody knows sciously decided to make it all deficit down to 20; the Navy was cut from 585 that. But if I can, just for one moment, spending. We had a proposal to pay for ships to 314. As a result of those signifi- get back to that $87 billion that has it so that our grandchildren would not cant cutbacks during the 1990s, it was emerged as an issue in this election. I have that deficit spending obligation necessary to go to a policy that in- voted against the $87 billion. I do not on them. cluded the use of our Guard and Re- know how either of my colleagues Now, why is this? I think this is serve forces. This was clearly under- voted; they voted against it. I dare say symptomatic of why we need a new ad- stood in the 1990s because we had no we voted against it because rather than ministration with a fresh policy. Win- choice. As our military budget was cut providing the money to the Iraqi gov- ston Churchill said, all I have to offer back, we had to rely more and more on ernment as a loan, this White House, you is blood, sweat, toil, and tears. the Guard and Reserves, that is why this President, insisted that we just This President said, you can fight this the Guard and Reserves are being used give it away to the Iraqi government. battle on the cheap. It will be sugar today in Iraq. I would add, Mr. Speak- It was a big give-away. There is no candy, roses, and champaign corks all er, commitments were made that our other major donor to the reconstruc- the way. And as a result of that, we got troops would be out of Bosnia before tion effort in Iraq that did not require $87 billion deficit spending, 1,000 dead, Christmas of 1996. Our troops are still the monies that are donated or given and a silent draft that is going on now in Bosnia in the fall of 2004. to be done on a basis of a loan so that drafting our people to serve longer So again, the rhetoric on this floor is their taxpayers would be repaid. times than they really did sign up for typical rhetoric that we hear before an

VerDate Aug 04 2004 04:54 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00100 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.234 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7431 election, and I would just urge our col- President, their own parliament called ways down the center aisle. We turned leagues and the American people to the Duma, but they are, in fact, a part to our left and the three of us stood tune in tomorrow at 10 a.m., the Prime of the Russian Federation. around this one particular grave. The large floral bouquet on that Minister of Iraq Alawi will present the b 2310 case of the Iraqi people to this body in grave was red, white, and blue. Now, terms of how grateful they are and Therefore, the President was some- the colors of the Russia flag are red, what level of success we are achieving. one in that country we hoped and we white, and blue as are the colors of our Mr. Speaker, I rise this evening to did meet with. But the person who flag. But as we looked down and bowed discuss a recent trip that a delegation greeted us on our arrival at the airport our head and as the gentleman from of Members of Congress took in deliv- in Beslan is in fact the Speaker of the Arizona (Mr. FRANKS) began the pray- ering a resolution that passed on the Parliament of that country, equivalent ers on behalf of this delegation, on be- Floor of this body one week ago. It was to the Speaker of the House in our half of the American people, standing my 38th trip to this country, Mr. country. His job was to escort us firm with the people of Beslan and Rus- Speaker, the country of Russia, which through his country and explain to us sia, I could not help but cast my eyes I have worked hard to try to assist our in his own terms what happened at to the ribbon that was attached to this government, both Democrat and Re- Beslan. floral bouquet. And having studied publican administrations, in turning The Speaker of the Parliament when Russia in both high school and college from an arch enemy of ours during the he arrived was certainly someone who and understanding the language, I saw Cold War to a partner. This 38th trip we could relate to because he had a the Cyrillic letters which said USA. was by far and away the most sad, Mr. similar job to us in terms of his func- As I looked after the prayer was over Speaker, and the most emotional. tion and his job. His name is Taymuraz at the rest of the ribbon, I could see Three of us traveled to Moscow and, Mansurov. And it is interesting be- who that floral bouquet had come from in spite of significant concern ex- cause he told us when we arrived that and where it had been sent from. That pressed by both our government and he had four children himself, two chil- floral bouquet on the grave site out of the Russian government, we were able dren in college and two children who in hundreds that were there that we just to travel from Moscow after visiting fact were attending the actual school happened to stop at was sent by the the North Ossetian office in downtown that was attacked by the terrorists on students, the teachers, and the commu- Moscow to express the condolences of the first day of classes just several nity of Columbine High School in Colo- the people of America and this Con- short weeks ago. In fact, both of his rado. What an amazing start to our gress in particular. We traveled down children are today in hospitals in Mos- visit to Beslan, the three members of to Beslan in North Ossetia. We traveled cow recovering from significant Congress would stop in the midst of along with the President of Kalmykia, wounds. His 12-year-old daughter was this brand-new graveyard where all of and the purpose of the trip was simple, shot in the face with a weapon as she these bodies of children and adults but it was profound. was attempting to leave the school and were buried, and the one grave that we We carried with us the resolution she is being treated at a Moscow spe- had prayed over would contain the flo- that was passed unanimously by this cial medical center for that wound. ral recognition of people from one of body expressing the solidarity of the He told us that the state of trauma of our own tragedies. American people and the U.S. Con- his country and his city, the city of After we completed our prayers at gress, Democrats and Republicans, Beslan was just something that was the grave site, we went back to our bus with the people of Russia in their dark- impossible for people outside of North with the Speaker of the Duma, and he est hour. It was appropriate that we do Ossetia to understand and appreciate. drove us into the town of Beslan, a this, Mr. Speaker, because it was, in As we got off of the bus at the first small community in the southern part fact, President Putin that was the first stop on our way into Beslan, right next of Russia in the Caucasus that has just President to call the President of the to a cemetery, we were struck by lit- been rife with terrorism. Dagestan on United States after 9–11 to express the erally hundreds of graves that had re- one side, Chechnya not far away. And condolences of the Russian people in cently been dug with mounds of dirt on in fact, the fear of the Russians is that our darkest hour. And I can recall very top of each of them where the children the 32 terrorists who caused this inci- vividly the embassy in Moscow, the of this school and their parents and dent were in fact, and they have stated American embassy after the 9–11 at- their grandparents had been buried so publicly, a part of the Chechen up- tack, where literally hundreds and within the previous several days. rising and the Chechen terrorist oper- thousands of bouquets of flowers and On each of those grave sites, and ation. notes, expressions of sympathy, were again there were probably 360 of those As we got to the town, we stood in laid outside of our embassy by the peo- graves because that is how many peo- front of this massive brick building ple of Russia. ple were killed, were flowers and items that in the center had been reduced to So those of us in the Congress who that were left by friends and other well rubble. Literally thousands of floral supported the passage of the resolution wishers around the world. bouquets, it was there that the Speak- on the Floor of this body one week ago I told our two colleagues who went er of the Duma gave us a summary of and signed by the gentleman from Illi- with me on the trip, the gentleman what actually had occurred. nois (Speaker HASTERT) thought it was from Indiana (Mr. SOUDER) and the gen- He told us on the first day of school imperative that we travel to Beslan tleman from Arizona (Mr. FRANKS), all of the children in this school assem- and stand in that school and convey to that we would walk down the center bled in lines by grades with their par- the people of Russia our conviction aisle of these mounds of graves and ents and their grandparents. The first that we were with them in the fight that at some point in time we would day of school in Russia, Mr. Speaker, is against terrorism. stop, we would turn and face one grave a proud day. It is a family day. It is a I want to briefly outline the trip, Mr. and I would ask the gentleman from community day. Everyone comes to- Speaker, and then comment on the im- Arizona (Mr. FRANKS) to say a prayer, gether to begin the new school year. In plications of both the terrorist attack followed by the gentleman from Indi- fact, it is considered a holiday through- in Beslan and the terrorist attacks on ana (Mr. SOUDER), and then I would out Russia. And on this day the stu- 2 Russian airplanes and in downtown close. dents at this particular school all lined Moscow that have been occurring on a The Russian media was filming every up neatly, ranging in age from the very fairly frequent and regular basis. step that we took, and I felt it appro- young, some 2, 3 and 4, some who were In arriving in Beslan in North priate to convey at the grave site of too young to go to school, were there Ossetia in the presidential plane of the these people the prayers of the Amer- with their parents and they ranged up President of Kalmykia, we were greet- ican people. The irony was, among to the teenage years. ed by the Speaker of the State Par- these hundreds of graves sites, these Along with these students were the liament, or Duma, of North Ossetia. hundreds of mounds covered with flow- parents and grandparents who had North Ossetia is an autonomous repub- ers and other materials left behind, we come out to see their children off on lic within Russia. They have their own stopped at one about two-thirds of the the first day of classes. As they stood

VerDate Aug 04 2004 04:54 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00101 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.236 H22PT1 H7432 CONGRESSIONAL RECORD — HOUSE September 22, 2004 in the courtyard in front of the school, Now, perhaps there is a lot of second were far beyond the capability of this without any indication whatsoever, the guessing that has been going on about small-town hospital. In fact, the chief terrorists surrounded the students and the effort surrounding the school and medical person at the hospital, whom the faculty members and brought out acts that should have been taken, but I we met when we visited the hospital their automatic weapons. And in a very can tell you, Mr. Speaker, our delega- after stopping at this school, told us deliberate and very nasty tone, ordered tion was talking to a father who had that they treated some 8- or 900 indi- these 1,000 individuals inside the school his two children in that building when viduals who had serious injuries, and as building. As they threatened them with it occurred and who arrived on the soon as possible, within hours, they their automatic weapons and with scene within a matter of hours after began flying them out to hospitals in their rifles and their pistols and the siege occurred. neighboring cities and the most se- threatened to harm them, the students So this was not some sanitized mes- verely injured to hospitals as far away were in a state of panic but in fact sage being given to us by Russian au- as Moscow where they are still located. went through the only entrance into thorities. This was an elected official, Mr. Speaker, as we listened to the the building which led into a gym- the Speaker of the North Ossetia par- story and saw the visual realization of nasium area. liament, but it was also the father of what this school was and imagined The Speaker of the Duma told us two young children in that school. In what it was before this incident to a that when some of the younger stu- fact, the Speaker himself had attended community that shared the pride of the dents were not moving fast enough, that school as a child, and his two education of its young, we just were they picked up the students and threw older children also attended that overcome with emotion. In my case, them through the windows without any school. being a teacher by profession, I could regard for the well-being of these It was on the third day, Mr. Speaker, not imagine the feeling on opening day youngsters. Once assembled inside this when a sense of frustration came upon of school to have terrorists surround school complex, they had them stand everyone, those that were trapped in- the building and to herd the students along the walls, and they began a proc- side the building and those around the inside. I thought to myself, the Rus- ess of intimidation that lasted for 3 building, the parents outside who were sians have been criticized for how they days. They denied the students water. urging the police officers, the military handled this, but I wonder if we would They denied the students and the to do anything possible to end the have been able to handle a situation at adults food. And in fact, Mr. Speaker, siege, to get their children out. Fathers one of our schools, where on the open- the terrorists in the early hours of the that were outside were screaming that ing day, a group of terrorists with siege took the youngest parents, the something had to be done. automatic weapons or with rifles or youngest fathers that were there with Then an explosion occurred. The ex- pistols surrounded the schoolyard and their youngsters on the first day of plosion was inside this school, and forced those youngsters and family school and one by one they assas- while it has not been fully determined members inside of the building. I think the Russian people and those sinated them right in front of the stu- as to the origin of the explosion, the in North Ossetia did the best job they dents. They then took their bodies and initial thought by those outside, in- could in an impossible situation. When threw them out the back windows of cluding the Speaker of the Duma, was the Speaker of the Duma finished ex- the school so that over the course of that the explosion occurred because there was a movement of ammunition plaining to us the details of what had the first day or so, all of those fathers occurred, we walked solemnly over to who had gone to school with their chil- inside. When the explosion occurred, it set off a flurry of activity. Gunshots the entrance of the school. dren were wiped out by these inhumane We had prepared a special wreath, started to ring out, and family mem- terrorists. Mr. Speaker, a wreath that was red, As they got control of the hostages bers on the outside of the school start- white and blue, with a ribbon saying, and they had reduced the level of men ed to rush in. They were rushing in be- ‘‘In Deepest Sympathy, from the Con- that were in the crowd that could pro- cause they saw it as an opportunity to gress of the United States.’’ We were vide perhaps resistance against them, save their child, as over 1,000 children carrying with us, Mr. Speaker, an the terrorists began to then focus on and adults were still in this complex. American flag that we had flown over the mothers, the grandmothers, some The terrorists then responded by fir- the Capitol the day before we left to of them very fragile, some of them very ing automatic weapons and gunning present to the people of Beslan as a elderly, and the youngest children who down the adults that were trying to get symbol of our friendship, as a symbol were obviously in a state of shock and in. That explosion led to additional of solidarity between the American a state of fear. fires, and in matter of a short period of people and the Russian people in the And in fact, Mr. Speaker, the Speak- time, the entire gymnasium and center fight against terrorism. er of the Duma told us that they on a area of the school was an inferno. The three of us solemnly walked be- cellular phone had his children in the Children on the inside started run- hind this floral bouquet as it was car- school call him on the cellular phone ning out. Young children, 6-, 7-, 8-, 10- ried toward the center of the school by and the terrorists had his children years-old, and the terrorists who were two local residents to be placed in the plead with him to come and get them standing at windows, who had come center of the building. We followed the and to accede to the demands of the outside, started firing at will at the floral bouquet in. They carefully terrorists. backs of these young children, hitting placed it right next to a pile of lit- What tremendous personal turmoil some in the back of their head, others erally hundreds of flowers. Mr. Speak- that the Speaker went through with in their back and their legs. Children er, in a sight that I can only describe his two youngest children in the school started to fall all over the schoolyard as unbelievable, there were hundreds as the terrorists contained them and area. and thousands of bottles of water. yet required them to talk on the cell At the end of the siege, Mr. Speaker, Beslan’s a poor community. Many of phone to their father, using them as 31 of the 32 terrorists were killed. One the family members could not afford to pawns in this unbelievable siege. terrorist was captured and is currently buy flowers, and yet all of them knew Obviously, the leaders of the republic in the control of the authorities. I am that those children and those parents and the law enforcement officials who not sure whether it is in Beslan or in and grandparents had been denied were around the school would not and Moscow. water for 3 days and food. So the people could not accede to the demands of the This terrible incident had come to an of Beslan brought bottles of water and terrorists. end. The carnage was unreal. Imme- set those bottles of water with open diately attempts were made to take tops throughout the school complex b 2320 those that were most severely burned and down the center corridor, inter- The demands were too large in scope, to the local hospital, which we visited spersed with hundreds of flowers and and they were too unreasonable in na- and was a typical hospital servicing a bouquets. There were also Teddy bears ture. So it was basically a waiting small town, not capable of responding and stuffed animals and the favorite game. Day one passed, day two passed to hundreds of injuries, hundreds of toys of students who would never again and then day three came. rifle shots, of wounds, of burns, that be able to use them.

VerDate Aug 04 2004 04:54 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00102 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.238 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7433 Following the setting down of the the school. Our ambassador would visit for the RECORD, Mr. Speaker, who has flowers, and again, the thoughts and the North Ossetia office the day after already raised almost $800,000 for the prayers of the members of Congress, I we arrived in Beslan to express the people and the families of Beslan. Typ- opened up the American flag and asked condolences of the American people on ical of America and the American peo- my colleagues to join with me in pre- behalf of our State Department. In ple, responding to a tragedy thousands senting that flag as a symbol of the fact, Mr. Speaker, we wondered why it of miles away because of people in friendship of the U.S. Congress and the had taken 2 weeks for our ambassador need. people of America to the people of in Moscow to make that trip to the As we drove from the hospital to the Beslan, the people of North Ossetia and North Ossetia embassy. airport and drove through the streets the people of Russia. As we left the school and reflected of this small town, you just could not I have been to a lot of disasters, Mr. upon what we had seen, we boarded the help but have a heavy heart in seeing Speaker, during my 18 years in Con- bus and asked to be taken to the local homes where families had been torn gress and my career because, as many hospital. And there in the hospital we apart. We learned of a mother who had of my colleagues know, I have worked heard the briefings from both the chief taken her four kids to school that day. the issues involving disasters. In fact, psychiatrist who was brought in from The mother was killed and so were all before coming to this body I used to be Moscow and the chief medical leader of four children, all buried at one grave a volunteer fire chief. this hospital in Beslan about how they site at that cemetery we had visited. I have been to earthquakes, Hurri- attempted to deal with these over- As we arrived at the airport, we canes Andrew and Floyd, the wildfires whelming casualties. learned the president of North Ossetia in California and Oregon in the West, Then we talked about the kind of would meet us there, an older gen- the Midwestern floods, the Murrah treatment that the patients were cur- tleman. In fact, his name is Alexander Building bombing with Chief Marrs, rently receiving, both in that hospital, Dzasokhov, and he warmly greeted us. the World Trade Center in 1993 and the the hospitals around Russia who had We had a press event with the media, World Trade Center in 2001. They were taken other patients and about the of- and we presented to him, Mr. Speaker, all incidents of significant emotion, ferings of support from all over the the framed resolution that our col- loss of life, terrible tragedy, terrible world. But I want to convey this to leagues in this body passed unani- human suffering. But I can tell you in you, Mr. Speaker, and to our col- mously 5 days earlier. That document, standing in this school, looking up at leagues, every place we went on that in a frame, was signed by the Speaker the basketball backboard that had been trip we heard from the people of Beslan of the House, the gentleman from Illi- severely burned, looking at the that the people of America responded nois (Mr. HASTERT), on behalf of all of scorched walls, seeing the evidence of in an unbelievable way. us, Democrats and Republicans, who where young people used to play and In fact, it was the speaker of the par- voted unanimously to express our soli- seeing hundreds and thousands of bot- liament and the mayor of the city who darity in the suffering of the Russian tles of water placed all around this told us that, within hours, there was a people and those families impacted at complex and still smelling this terrible planeload of supplies coming into his Beslan. community from the people of Amer- smell of fire and of death, it was very We had discussions with the Presi- ica. It included health care needs. It in- difficult for us to provide remarks. In dent about ways in which we could as- cluded equipment. It included special fact, all three of us had difficulty in sist. We told him our burn foundations beds and pharmaceuticals, from a Na- getting through our statements. in America had offered assistance with tion that had also suffered a very sig- As we spoke to the people of Beslan burn treatment. We told him many of nificant incident, responding to the who had assembled there with us, in our people wanted to help with the front of the TV cameras from through- needs of the people of Russia. As we went through the hospitals, we monument being built at the grave site out Russia who were recording our and the school. visit, but very simply, we told the talked with some of the patients. We And I might add, Mr. Speaker, what story of the feelings of the American talked to the nurses. We thanked the the speaker of their parliament told us people, their anger at what had hap- doctors. And then we stopped in a room was that, when that monument is com- pened at this school, their frustration with youngsters who were suffering pleted on the 40th day of mourning, in dealing with terrorists, who have no from post-traumatic stress. I told the which is the official mourning period regard for human life and especially young girl who was in the sixth grade in Russia, and that monument is dedi- the lives of innocent women, grand- that my first year after college I cated to the memory of the victims, mothers and young children. taught sixth grade, and we talked We told the Russians one very simple about some common issues I knew she that American flag that we handed thing, Mr. Speaker, that on this day we would have with sixth graders from them that flew over this Capitol build- were not Russians nor Americans. We America. I asked her if she had access ing, will be raised with the Russian were human beings who were standing to e-mail, and she said she could flag and the North Ossetia flag, be- together to tell the terrorists, the cow- through the school or the local library. cause of their thanks and their grati- ards that they are, that we would not I asked her to e-mail my office so I tude for the friendship that we showed stand for these kinds of actions, wheth- could link her up with students of a them, again, in their darkest hour. er they would be in downtown Bagh- similar age back in America. We also discussed with the president dad, whether they would be in the Again, the medical personnel in that other steps that we could take together streets of Moscow, the streets of New hospital were working under unbeliev- as two nations fighting terrorism. We York or Oklahoma City or the streets able circumstances, and they were talked about the need to go after the of a small town like Beslan. We told doing a fantastic job. terrorists, as President Bush and Presi- the Russian people that we were there We left the medical center, and my dent Putin have been doing over the expressing the sense of the United colleagues that wanted to make a sim- past several months and years. And States Congress, that we shared their ple contribution to the medical center, then we followed up a dialogue we had grief and we stand with them in soli- not on behalf of the American people had in Moscow with Duma Deputy darity. but on behalf of ourselves. Each dug Kokoshin. Chairman Kokoshin, who is into our pockets and came out with an a friend of mine, chairs one of the key b 2330 amount of money that we each could committees in the Duma. The vice I can tell you, Mr. Speaker, that afford to give as a donation to that chairman of that committee is Deputy there was a feeling in that school hospital on the spot. And I can tell Lebedev, and we discussed with our among the family members that were you, the doctor was extremely gratified North Ossetia leaders and the president there of deep appreciation that the that we had taken the time to do that. our desire to host a conference in Mos- American Congress had taken the time Since coming back to Washington, I cow in the first quarter of 2005, a joint to go to Beslan. We were the first and, have learned that I have a group in my conference of Americans and Russians to my knowledge, the only Americans own State, headquartered in Bucks on the issue of homeland security and that were allowed into Beslan to visit County, that I will provide the name of anti-terrorism.

VerDate Aug 04 2004 04:54 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00103 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.240 H22PT1 H7434 CONGRESSIONAL RECORD — HOUSE September 22, 2004 It was somewhat ironic, Mr. Speaker, Now is not the time for us to move And then we bombed Serbia, perhaps that the Monday before I left for Rus- Russia in another direction. Now is the Russia’s best friend and ally, the Ser- sia, I was in New York giving the open- time for us to bring Russia back, to bian people. We all wanted Milosevic ing speech to a homeland security con- give Russia perhaps what we have not out. But instead of using Russians to ference attended by 3,000 people at the given them over the past 12 years since help us get Milosevic out of power, we Javitz Center. That conference on they threw off communism. went to NATO instead of the U.N., and homeland security also had Asa Hutch- Mr. Speaker, in looking at our rela- we used NATO as an offensive force, in- inson in attendance and scores of other tionship with Russia, I was very crit- vaded Serbia, and killed innocent people from the leadership of our own ical of the previous administration be- Serbs. It was not until several months Homeland Security, on what we are cause I felt we did not have a con- after we realized we could not get doing to defend America from the sistent policy with Russia. We were Milosevic out by bombing Serbia, by threats of terrorism and the protection talking a good game, saying all the bombing innocent people, that Russia of our homeland. right things, but there was not a fol- had to play a role. And it was, in fact, Mr. Speaker, 260 corporations were low-through in terms of implementa- Russia through the special envoy of exhibiting at that conference, which tion. President Yeltsin and Victor was put together by one of the largest We had the radical nationalists in Chernomyrdin that we were able to conference organizers in America, EJ Russia back in the 1990s saying that reach an agreement to end the war on Krause. I talked to the EJ Krause folks America does not want to be our the terms of the West, again with Rus- before I left for Moscow, and they have friend; you watch, they will move sia’s involvement at the 11th hour. agreed to organize the conference that NATO up to our borders, and they are The Russians saw through all of this, we together will put on in Russia so going to threaten us; you watch, they and they said America does not want that we can show a joint strategy, joint will abrogate the ABM Treaty; they to be our friend. And then we had use of technology and a joint commit- want to dominate us. President Clinton on a number of occa- ment to fight terrorism together. sions say that we should lift Russia out b 2340 Mr. Speaker, we left the president, of the restrictions of Jackson-Vanik. went back to Moscow, continued our Watch, they do not want us to be in- President Bush has made at least ten meetings and discussions, and I can tell volved. They are going to steal our statements over the past 4 years that you that every one of our colleagues in money and our assets. They want to Russia should not be subjected to Jack- this chamber needs to know that the use us. That was what the radical na- son-Vanik consideration any longer. people of Russia were extremely tionalists in Moscow said back in the Mr. Speaker, Jackson-Vanik restric- pleased by the actions this Congress early 1990s. That was what Uranovsky tions were placed on the Soviet Union took. It was important for us to show and that is what Zyuganov said. But because back in the 1980s, the Soviet solidarity with the Russian people be- many in Russia were pro-West, and Union was persecuting Jews. The Na- cause there has been some turmoil be- they said, no, we are going to continue tional Council of Soviet Jewry led that tween our countries over the past sev- to move closer to America because effort. I supported that effort because eral years. America is the model that we want to And, Mr. Speaker, that leads to the back in the Soviet era I used to meet work with. with the Soviet Jews in Moscow who second reason of my special order to- But I think back, Mr. Speaker, over night and another reason why I felt it were being persecuted and harassed by the past 12 years. We did move NATO the KGB and by Russia’s leaders. was important to make the statement up to Russia’s borders, and I supported that this Congress made in our resolu- But in 2004, in 2000, in 1998, the perse- that. But we handled that miserably. tion that passed last week. cution of Soviet Jews was largely We did not take the time to have the There have been some who have been ended. In fact, Mr. Speaker, I went to advocating that America should move Russians understand that the move- all the Jewish groups last August, and away from Putin and Russia, that bement of NATO to its borders was not to I asked will they send me a letter ex- cause President Putin, partly in re- threaten or intimidate Russia, but pressing their interest in elevating sponse to terrorism, partly for other rather to build a new sense of security Russia out of Jackson-Vanik, and all reasons, has clamped down on the and that one day, one day, Russia itself the major Jewish groups in America media, has in fact recently passed new might be able to join NATO. And with did, Mr. Speaker. They sent me letters, provisions that will limit the role of the ABM Treaty, I was the one, Mr. JINSA, the National Council of Soviet the people of Russia to elect their own Speaker, who offered the missile de- Jewry, AIPAC, all saying, We no longer governors of their regions, that will re- fense bill in 1998 that passed with a think that Russia should be held cap- duce the number of political parties veto-proof margin, not because I want- tive by Jackson-Vanik. from the current number to approxi- ed to dominate Russia, but when I took I went to the administration, and mately two or three, similar to what Don Rumsfeld and James Woolsey and some of those people under President we have in America; there are even Bill Schneider to Moscow the weekend Bush who did not quite get his message those colleagues in this body, in both before the vote on my bill, we told the said it is a trade issue, it is about poul- parties, good friends of mine who I hold Russians our concern is with North try or steel. So I went to our colin high respect, who have written to Korea, our concern is with Iran, our leagues who are Chairs of our trade our colleagues that we should deny concern is with China, who were all de- committees, the gentleman from Cali- Russia access to the World Trade Orga- veloping long-range missiles that we fornia (Mr. POMBO), the gentleman nization, that we should punish Russia have no defense against. from Ohio (Mr. BOEHNER), and the gen- because of these anti-democracy ac- But, Mr. Speaker, from the Russian tleman from Virginia (Mr. GOODLATTE), tions. perspective in 1995 and 1996, we had one and the three of them sent a letter to Mr. Speaker, I am convinced that joint missile defense program with me saying that they too supported ele- those actions would be the worst steps Russia called RAMOS. The Clinton ad- vating Russia out of Jackson-Vanik. that we could take right now. Now is ministration tried to cancel it. Senator So, Mr. Speaker, here we had the sup- not the time for America to push Rus- LEVIN and myself and a group of other port of leaders in this body on issues sia away from us. Sure, we are all trou- Members in both parties and both bod- involving Soviet Jewry, on trade issues bled by some of the actions that Presi- ies fought the administration, and we saying they support elevating Russia dent Putin has taken. I am concerned won. We kept that joint cooperative out. We have the President of our coun- by the clamping down of the free program together. But the Russians try demanding we do it. And we still media. I am concerned by some of the saw the handwriting on the wall: have not done it. methods of intimidation. But now is America does not want us to be part- So the Russians look at us and say not the time for us to be pushing Putin ners in defending our people. They real- our words are good, but there is no ac- away, which would encourage more of ly want to dominate us. And they were tion. There is no follow on. And it was the authoritarian efforts that we have convinced, and perhaps some still are, those same Russians during the 1990s seen rising up in Russia over the past that that was our purpose in moving who saw oligarchs who were put into several weeks and months. away from the ABM Treaty. place by Yeltsin but with the help of

VerDate Aug 04 2004 04:54 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00104 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.242 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7435 American consultants and American several reasons. If we look at the On the other side of Iran you have academics who ripped their country world’s situation right now, we are cer- Iraq, stabilizing, moving toward a con- off, who stole billions of dollars from tainly unhappy with some of the direc- stitution, moving toward free elec- the IMF and World Bank that were tion of President Putin, but we have no tions. So on both sides of Iran you have supposed to help build a Russian infra- leverage with him to get him to under- democracy breaking out. structure. stand that he is taking the wrong steps And right down the road, Mr. Speak- I remember very vividly back in the as a democratic nation. We look at the er, you have Libya, where Moammar late 1990s, 1997, and 1998, telling the Middle East. We heard our colleagues Gadhafi has voluntarily given up all of Clinton administration we have evi- for 2 hours talk about Iraq. Mr. Speak- his weapons of mass destruction with- dence that there are American compa- er, the problem in Iraq is not being out us firing a single shot. I know nies ripping off the Russians. They did caused by the people in Iraq. The peo- Gadhafi’s purpose, because I led both not want to hear it, did not want to ple in Iraq did welcome us. They did delegations to Libya earlier this year talk about it. It was in the late 1990s, give us flowers, and they are happy in January and March. Sitting across 2000, that we finally heard the Justice that we are there. Ask our troops. To- the tent from him in the desert in Trip- Department indict Bank of New York morrow we will hear Prime Minister oli, looking out at his house that we officials for allegedly scamming $5 bil- Allawi tell us the real story of the had bombed in 1986, he said, ‘‘Congress- lion out of Russia that should have gratefulness of the Iraqi nation. The man WELDON, I don’t want my people gone for infrastructure but instead problem in Iraq is not with the Iraqi to suffer the fate of the Iraqi people ended up in Swiss bank accounts and people. and I don’t want to be Saddam Hus- U.S. real estate investments. Mr. Speaker, the problem with Iraq is sein.’’ And then we saw the technology pro- the problem of the neighbor Iran. Iran Mr. Speaker, the Iranians understand liferation out of Russia, individual re- has been involved in undermining our what is happening. The Ayatollah tired generals and admirals selling efforts to stabilize Iraq for the last 18 Khamenei understands he is not pop- technology to Iran, Iraq, Syria, Libya, months. I remember going to CIA Di- ular in Iran. When they had elections North Korea. We blamed the Russians rector George Tenet 18 months ago earlier this year, only 9 percent of the for that, the Russian Government, when a former Member of this body, a people eligible to vote voted. They de- when, in fact, Mr. Speaker, and I reformer Democrat Member, came to me spise radical fundamentalism, but they member doing speech after speech on and said, I have a source that wants to cannot do anything about it. this, we had documented 20 times we work with us, a source that will tell us So Iran understands their days are had evidence of retired Russian gen- where bin Laden is and will give us in- numbered, and that is why they are erals and admirals selling technology formation about Iran’s involvement in crashing on a nuclear program. That is illegally, violating arms control agree- Iraq. why they are attempting to undermine ments. Of those 20 times, our Nation I went down to meet with Tenet, and Iraq, because Iran does not want Iraq imposed required sanctions four times. for the past 18 months, Mr. Speaker, on to succeed. Yet we blamed the Russians for some- a regular basis, I have interacted with Our colleagues on the other side said thing that we ourselves should have this informant based overseas in Eu- we should have anticipated that. Mr. taken action to control. rope. We have gotten continuous infor- Speaker, there is no way the President So if we look to the period from 1992 mation that I have passed along to the could have anticipated that. We are to 2004, we have to ask the question, CIA, all of which has been verified, dealing with it now. What have we done to assist Russia in that Iran has been behind the desta- But how do we deal with Iran, Mr. becoming our true partner? I would bilization of Iraq on a continual basis. Speaker? We do not have any leverage say, Mr. Speaker, not much. So now we I told the CIA over a year ago, Mr. with Iran. We do not even have discus- criticize Russia. We criticize President Speaker, that the Ayatollah Khamenei, sions with Iran. One country does, Mr. Putin. We want to push him away fur- the religious fanatic in Iran, not Speaker, and that country is Russia. ther. President Putin and President Hatami, the governmental leader, but Russia has worked with Iran over the Bush have a great personal relation- the Ayatollah Khamenei was providing past 10, 15 years. They have a regular ship. They have met on three or four $70 million of funding to Sadr. entry into Moscow. They interact with occasions. They get along very well, the Members of the Duma and the Fed- 2350 and they want to work together. But, b eration Council, and President Putin Mr. Speaker, below the two Presidents The CIA at that time, Mr. Speaker, has a relationship with Iranian leaders there is a vacuum. The President says no one knew who al-Sader was. I told that we need. But the problem is, Mr. we want to do Jackson-Vanik ele- the CIA that Iran was crashing on a nu- Speaker, we do not have the leverage vation. He said it 10 times. The people clear program. I told the CIA that my with President Putin. under the President say not now, now informant had even found evidence of Yes, President Bush and President is not the right time. They should be two groups of Iranians going up Putin have a good personal relation- fired. The President sets the foreign through China into North Korea in an ship, but there is a vacuum under that policy of our country, but some of attempt to acquire their nuclear weap- in both countries. Now we tried. Back those serving him do not get the mes- ons materials. And I told the CIA that in 2001, Mr. Speaker, we gave this docu- sage. And Russia bears the con- Ayatollah Khamenei had ordered his ment to Bush and Putin, 48 pages, 108 sequences of our lack of action. country to prepare for an attack on recommendations, signed by one-third The President calls for joint coopera- one of our nuclear powers plants, and of the Congress. DICK LUGAR, CARL tion on missile defense. He has said it the letters were beginning with SEA, LEVIN, JOE BIDEN, myself, liberal five times and so has President Putin. Seabrook. Democrats, conservative Republicans, But this year our Department of De- Mr. Speaker, that was in June of last one-third of the Congress saying we are fense and Missile Defense Agency again year. In August of last year, the Royal ready for a new relationship. canceled the RAMOS program. We have Canadian Mounted Police arrested two Unfortunately, the people under no cooperation with Russia on missile al Qaeda-linked individuals who were President Bush have not been listen- defense right now. flying a plane scoping out a nuclear ing. They were not listening when We talk about Russian cooperation power plant up in the Northeast near President Bush said remove Jackson- with weapons of mass destruction. But Seabrook. Vanik. They were not listening when we have corruption on the Russian Mr. Speaker, Iran has been our prob- President Bush said do joint programs side, corruption on the American side. lem, and it does not take a rocket sci- in missile defense. Now we are paying We are not being given access to those entist to figure that out. On one side of the price for that. sensitive sites. And again we wonder Iran you have Afghanistan, a country Mr. Speaker, that is why I proposed why the Russians do not trust us. that now has 10 million people reg- to the President and that is why I am Mr. Speaker, we need Russia. We istered to vote in their first elections, announcing tonight a new initiative, need Russia to be a partner of ours. We a constitution in place, a country mov- renewed commitments, strengthened need Russia to be a partner of ours for ing toward a democracy. relationships. This four-part strategy

VerDate Aug 04 2004 05:35 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00105 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.244 H22PT1 H7436 CONGRESSIONAL RECORD — HOUSE September 22, 2004 will give us a series of initiatives that Baluyevsky. General Baluyevsky, in a Soviet Union, an enemy of the United will give President Putin and the Rus- business suit, talked with General States, demonstrated its strength and intent sian people a clear signal that finally Obering and began a dialogue that we to protect its country by producing massive we want to be their close friend and could not get for a year on missile de- stockpiles of nuclear and biological weapons. The aggression between our two countries partners it is a simple strategy. It fense cooperation. led me to major in Russian Studies, believ- builds on successes of the past and Two weeks after we left Moscow, ing that one day, our relationship would deals with issues that we have talked President Putin relieved the chairman change and the United States and the Soviet about. of their Joint Chiefs of Staff, General Union would normalize relations. As a coun- The four strategies are fairly simple, Kvashnin, and replaced him with Gen- ty commissioner, I hosted my first group of Mr. Speaker. It calls for us to termi- eral Baluyevsky. young communists in Pennsylvania in 1985. nate Jackson-Vanik limitations on The fourth item in this initiative, This relationship, forged 19 years ago, has Russia, as our President has called for. Mr. Speaker, calls for the announce- maintained its strength and expanded even further to include a larger circle of Russian We can pass that resolution in this ment of the U.S.-Russian free energy citizens. I take great pride in my efforts to body and the other body under a sus- trade agreement. Not free trade agree- reach out and establish a solid base of under- pension. ment, but free energy trade agreement. standing and cooperation to achieve sta- It calls for a new threat reduction We have significant energy needs. Rus- bility for the people of Russia and the sur- initiative using a new process to get sia has significant energy reserves. rounding former Soviet republics. entry into President Putin that we They are trying to get their energy to For the past 10 years, I have co-chaired the have been working on for 2 years that the marketplace, we want to use that Duma-Congress Study Group, the official will allow us to reduce the theft and energy and need it. inter-parliamentary relationship between corruption of American tax dollars and What I am calling for, Mr. Speaker, the United States and Russia. This exchange will give us access into sites we have is an equivalent relationship similar to plays a vital role in strengthening our rela- never had access to before. Gore-Chernomyrdrin in the previous tionship with Russia. The overriding purpose of this relationship is to demonstrate to the Last August I took two members of administration between the two presi- Duma and its leaders how an effective inter- the other side with me to the closed dents of our countries, so that Putin parliamentary relationship can lead to posi- city of Krasnoyarsk 26, without any and Bush appoint a joint effort of hav- tive changes in both our countries. Today, help from our State Department, no ing our energy leaders, private sector Members of Congress work with their coun- help from our Defense Department, no and government, work together with terparts in the Duma on common interests help from our Energy Department and Russia’s energy leaders, so that we can such as the environment, health care, social no help from the CIA. We went in the help bring their energy out and use it and economic issues. By building and mountain where the Soviet Union built in our marketplace. It is already hap- strengthening a working relationship, we are then able to confront more difficult issues their three largest plutonium pro- pening. We simply want to expedite such as missile defense, non-proliferation, ducing reactors. that process, both in terms of fossil Iran and other multilateral relationships. We met in Moscow, and our Russian fuel and in terms of nuclear power. Three years ago, I unveiled a comprehen- counterparts said if you follow this Along with this four-part position sive plan to cooperate with Russia on eleven new process, you get access to any site paper, Mr. Speaker, we need to work different issues ranging from defense and sein Russia you want. together with Russia on anti-ter- curity to agriculture and healthcare. This Today, Mr. Speaker, I have proposals rorism. proposal, A New Time, A New Beginning, was signed by the Russians for six new bio- I am convinced, Mr. Speaker, if we widely supported in the U.S. and Russia. logical weapons sites that they want to follow these actions, if the President However, recently, I have watched Russia open up for American joint coopera- takes the bold leadership that is out- lose confidence in the United States and tion. I handed those six initiatives in move further away from the West. The start lined in this document, then we will of Russian distrust in the United States both Russian and English to John have the leverage for President Bush to began shortly after the fall of Soviet com- Bolton the day I left for Moscow last go to President Putin and say, ‘‘Vladi- munism. Russians believed that with the week. The Russians do want to work mir, you are going too far in your ac- break up of the Soviet Union, prosperity with us in a new way, a new way of tions in providing autocratic rule over would soon follow. Instead, in 2001, $4.08 bil- trust and confidence in solving prob- your country. Allow democracy to sur- lion of U.S. foreign direct investment flowed lems with weapons of mass destruction. vive, to grow and prosper. Vladimir, I into Russia while in 2001, Communist China The third element of this plan, Mr. need your help in allowing us to deal received $10.53 billion in U.S. foreign direct Speaker, calls for substantive work on investment. This was the first of many nega- with Iran. Help us deal with the prob- tive messages the U.S. sent to Russia. joint missile defense cooperation. lem of the Bushehr nuclear power Additionally, Russians are still bitter of President Bush has called for this re- plant, because if we do not deal with peatedly, publicly. So the question is, our handling of the war in Kosovo. Russia be- that power plant, Israel will eventually lieved we could have, and should have, ended why have we not done it? The answer try to take it out because they see it as that war much earlier. In fact, instead of ig- is, the Defense Department told me a nuclear threat to their security. noring Russia’s relationship with Yugo- they could not get a meeting with Gen- Mr. Speaker, now is the time for us slavia, we should have encouraged Russia to eral Baluyevsky, who 6 months ago was to join with Russia, to be Russia’s best play a more aggressive role in peacefully re- the number two general in the Russian friend, to be Russia’s partner; to hold moving Milosevic from power. It was not military. Russia accountable, to talk about until one year after we began the bombing I told General Kadisch at Missile De- human rights. But to do it in a way that we finally requested Russia’s assistance. fense Agency, you cannot get a meet- that Russia understands is in our mu- ing with him? Send someone over with tual interest, not a condescending ap- Furthermore, when news of the biggest me and I will get you the meeting. money laundering scandal broke in late 1999, proach where we look down on Russia, the Clinton Administration ignored the theft So, Mr. Speaker, two months ago I as we have done in the past, and tell of billions of U.S. dollars destined for Rus- took a delegation to Moscow. From the Russia to do what we have outlined for sian citizens. The Russians watched as the Missile Defense Agency I took General them. oligarchs, including some with close connec- Obering, who is now the three star gen- Mr. Speaker, I am convinced nothing tions to President Boris Yeltsin, lined their eral in charge of that agency. He took is more critical. The timing is right, pocketbooks. The United States downplayed three other associates with him. and we must act quickly. the Bank of New York scandal and continued We arrived in Moscow and they took Mr. Speaker, I include for the to protect the Clinton-Yeltsin relationship. us to Starya Plochad, which is equiva- RECORD these documents. The September 2000 Speaker’s Advisory Group on Russia concluded that both Rus- lent to our East Wing of the White U.S.-RUSSIA PARTNERSHIP—RENEWED COM- sian government agencies and private enti- House. We sat at a table across from MITMENTS, STRENGTHENED RELATIONSHIPS, ties were directly involved in at least 26 Putin’s representative to the Duma AUGUST 2004 transfers of proliferation to such states as and the Federation Council, the chair- INTRODUCTION Iran and Iraq. Instead of sanctioning Russia, man of the committee overseeing the Long before Perestroika, Gorbachev and the Clinton Administration continued to Ministry of the Interior, Alexi the fall of the Soviet Union, I developed a rely on personal assurances from its small Alexandrov, and in walks General deep interest in U.S.-Russian relations. The cadre of contacts in the Russian government.

VerDate Aug 04 2004 04:54 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00106 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.245 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7437 The Clinton Administration’s willful blind- that at present are poorly protected. The ish Institute for National Security Affairs, ness to Russian proliferation produced im- interagency Russian International Exchange the American Israel Public Affairs Com- mense damage to our relationship with Rus- Group (IEG) is comprised of senior military, mittee and the National Conference on So- sia. Our policy under President Clinton was intelligence and political officials. Operating viet Jewry—that long opposed terminating based on a personal relationship between with the support of Russian President Putin, Jackson-Vanik, are in agreement and on Presidents Clinton and Yeltsin, and Vice- the IEG has been established to remove bu- record that the United States should termi- President Gore and Prime Minister reaucratic obstacles to the implementation nate this obsolete provision. Chernomyrdin. As long as these Russians of U.S. funded nonproliferation programs. Although President Putin requested, and were in power, nothing else mattered. While The IEG concept has been briefed to senior President Bush promised Russia’s elevation Russians lost faith in Yeltsin, the U.S. con- staff of the Office of the Vice President. The from Jackson-Vanik two years ago, there are tinued to support this failed leader. IEG has offered to work with the appropriate some in Congress and in the administration During the Clinton Administration, tens of U.S. agencies—most likely DOD/DTRA—on a that want to change the original intent of thousands of young Russians were outside pilot project whose goal would be to secure the amendment to meet unrelated trade dis- the American embassy in Moscow throwing five biological weapons sites. paint, firing weapons at our embassy and As many as 89 additional sites could be putes. Two years ago, due to Russian safety burning the American flag. In fact, the State worked through the IEG. DTRA is in the concerns, President Putin blocked U.S. poul- Department had issued travel advisories to process of being briefed on this initiative. try imports causing a major disruption in Americans traveling to Moscow because the White House support for the concept would the U.S. poultry industry. While I empathize hatred for America had grown so great in be instrumental in capitalizing on a new op- with our farmers, using an emigration provi- such a short period of time that the Russian portunity for the administration to dem- sion to negotiate a trade dispute undermines people were adamantly opposed to any Amer- onstrate it is working with Russia in lim- U.S. foreign policy. Trade disputes are nat- icans in their country. iting the spread of weapons of mass destruc- ural components of an evolving trade rela- To repair our relationship, I have devel- tion. tionship, and under current trade laws, there oped a new approach to improve our rela- Improve Russian energy infrastructure. are effective remedies to address them. In re- tionship with Russia that builds upon the Russia and the independent states of the solving the poultry disagreement, I worked recommendations in A New Time, A New Be- former Soviet Union possess vast oil and nat- with the key Members of Congress concerned ginning. The four initiatives in this proposal ural gas reserves. Despite their incredible with agriculture issues. As a result of my ef- are not new to U.S.–Russian relations. Rath- natural resources, Russia continues to strug- forts, Representatives Pombo, Boehner and er, they are programs that could easily re- gle to get these resources to the world mar- Goodlatte signed a letter to Representative gain Russian support and trust in the United ket. Lacking the necessary capital, much of Bill Thomas, Chairman of the House Ways States if implemented in the short term. The Russia’s natural resources remain untapped. and Means Committee, which has trade juris- U.S. needs Russian support not for our own By assisting Russia in reforming and clari- diction, indicating their disagreement that security concerns, but for international sta- fying their tax code could result in Russia’s the lifting of Jackson-Vanik restriction to bility. In that regard, I firmly believe that ability to extract, transport and market its poultry trade was inappropriate. the key to stabilizing the situation in Iraq energy resources. Russian natural resources Additionally, using the amendment to le- lies in improving our relations with Russia. could lower skyrocketing fuel costs and dra- verage Russia’s accession to the WTO, as It is no secret that Iran continues to fuel the matically improve our economy. Utilizing some have suggested, would weaken U.S. bulk of terrorist activity in Iraq. However, Russian natural resources would signifi- credibility. WTO rules already require that given our cold relationship with Iran result- cantly improve our national security by less- every member of the working party agree being from their continued pursuit of weapons ening our dependence on Middle East oil. In fore a country is granted membership. of mass destruction, support of global ter- exchange Russia would receive the much Therefore, Russia cannot accede without rorism and atrocious human rights record, needed upgrade in its energy producing capa- consent from the United States. This guar- there is little room for diplomatic negotia- bilities and gain the world’s largest energy antees that U.S. negotiators have adequate tions. In contrast, Russia’s deep and lucra- consuming market as a key customer. Con- authority to monitor and guide Russia’s active investments with the Islamic Republic tinued cooperation with Russia on energy cession. may provide the necessary leverage to effect policy is also needed to improve the environ- An overwhelming majority of U.S. compa- change in that country’s activities in Iraq. ment for foreign investment. Assisting Rus- nies active in the Russian marketplace also Specifically, as a major supplier of arms and sia improve its energy infrastructure is the agree that terminating Jackson-Vanik is ap- nuclear technology to Iran, Russia can exert necessary first step towards attracting the propriate, especially since Russia is cur- significant economic pressure. In addition to private investment that will sustain Russia’s rently recognized as a market economy its trading activity, Russia has made stra- energy industry for the future. under U.S. trade law. tegic policy agreements with Iran to keep Improve and enhance our cooperation on them out of the Caucuses and has coordi- missile defense. Emerging threats of missile In addition to fulfilling the Jackson-Vanik nated its policy in Central Asia with specific attacks from rogue nations may confront requirements, President Putin was the first regard to Caspian oil reserves. both the U.S. and Russia over the next dec- foreign leader to contact President Bush It is also in Russia’s best interest to con- ade. A major objective of the Missile Defense after Sept 11, 2001, to offer condolences, in- tinue to engage Iran and improve its own bi- Act was to establish cooperative projects be- telligence assistance and other support, in- lateral relations with the Islamic Republic. tween the two nations. With a new director cluding agreeing to the positioning of U.S. Iran’s military capabilities continue to at the U.S. Missile Defense Agency and forces in Central Asia, which was a key to threaten Russian as well as its possible sup- changes at senior levels in the Russian mili- our military success in Afghanistan. In Octo- port of radical separatism in Russia’s turbu- tary establishment, the U.S. should pursue ber 2001, Russia appeased the United States lent ‘‘southern rim’’. this cooperation immediately. by closing their Lourdes Listening Facility As such, improving our relationship with With the accomplishment of these four in Cuba. More recently, instead of protesting Russia would provide needed leverage to in- proposals, the United States will win a major NATO expansion, which brought the organi- duce Russia to use its influence with Iran to victory in Russia, and in return, Russia will zation up to Russia’s borders, Russia nego- help stabilize the situation in Iraq. I firmly be more willing to cooperate on issues sig- tiated with NATO to establish a formal believe that we have reached a crucial junc- nificantly important to the United States. It method of cooperation. Although Russia has ture in our relationship with Russia and the is time the bilateral relationship go beyond shown the U.S. its willingness to cooperate independent states of the former Soviet the diplomatic posturing and produce real and accommodate our many requests, the Union. By taking action in four key areas, results. United States, has not sent one positive mes- we can dramatically improve our relation- sage to Russia. ship with our former Cold War enemy for TERMINATION OF JACKSON-VANIK years to come. These four key areas are as Thirty years ago, the Jackson-Vanik Jackson-Vanik is not a high profile issue follows: amendment was included in the Trade Act of in the United States, but it continues to be Terminate Jackson-Vanik restrictions 1974 to protect religious freedom in the a sensitive issue for the Russian government against Russia. Although not a high profile former Soviet Union. The United States Con- and its citizens. While the changing nature issue in the U.S., Jackson-Vanik continues gress made a courageous decision to pass the of our strategic relationship with Russia has to be a political hot-button for the Russian Jackson-Vanik amendment and link it to the been full of promise, it has been challenged government and its citizens. Removing the Soviet Union’s trade status and its record on by a growing number of domestic constitu- restriction would send a tremendously posi- Jewish emigration. Jackson-Vanik set guide- encies within Russia. Russian media reports tive message that the U.S. is serious about lines for a string of changes in the Soviet consistently remind Russian citizens of this improving relations between our two na- Union and allowed for Jews to escape oppres- unfulfilled promise. This opposition can eas- tions. sion and begin new lives. It was the right ily be resolved by granting Russia what it Renew our commitment to Cooperative policy for the right time. rightfully deserves—elevating Russia from Threat Reduction programs. An opportunity Since 1994, Russia has been in full compli- the Jackson-Vanik amendment. This would exists for the administration to undertake a ance of Jackson-Vanik and Russian Jews are send a positive message that the U.S. is seri- new cooperative program with Russian offi- free to emigrate from the former Soviet ous about improving relations between our cials to secure biological weapons facilities Union. Major Jewish organizations—the Jew- two nations.

VerDate Aug 04 2004 04:54 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00107 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.090 H22PT1 H7438 CONGRESSIONAL RECORD — HOUSE September 22, 2004

NEW THREAT REDUCTION INITIATIVE: U.S.-RUS- funding should be subject to Russian tax- front both the U.S. and Russia over the next SIA COOPERATION ON SECURING BIOLOGICAL ation. decade, a major objective of the Missile De- WEAPONS AND RESEARCH SITES A number of independent states of the fense Act was the establishment of coopera- Since 1992, the United States and Russia former Soviet Union have been helpful to the tive projects between the two former rivals. have engaged in a series of cooperative United States in the war on terrorism. Such With a new director at the U.S. Missile De- threat reduction programs, commonly re- states are new and struggling democracies fense Agency and changes at senior levels in ferred to as Nunn-Lugar programs. Pri- and would benefit considerably from assist- the Russian military establishment, the marily, this cooperation has focused re- ance to create sustainable jobs for their un- time may be right to advance this cooperation. sources on reducing the threat posed by the deremployed or unemployed scientists, engineers and technicians who were formerly en- Central to the development of bilateral co- theft or diversion of nuclear weapons and operation in missile defense would be com- materials. Some successes have been gaged in activities to develop and produce weapons of mass destruction for the Russian mencement of an ongoing dialogue between achieved, but the current programmatic ap- senior U.S. and Russian officials and their proach to this daunting challenge has in Federation or other such state. The United States should establish and promote pro- experts. In July 2004, such a meeting oc- some cases been bogged down in a maze of curred in Berlin. Sustaining this fledgling bureaucratic missteps and a flagging sense of grams that prevent the proliferation from scientists, engineers and technicians of the momentum will be essential and, if sup- urgency. In other cases, programmatic im- ported by the administration, the Congress former Soviet Union to countries with poten- plementation has been slowed by bilateral and its counterparts in the Russian Duma, tial for proliferation, development and pro- disputes over taxes and liability. that outcome can be achieved. Such coopera- duction of weapons of mass destruction. This new initiative addresses a topic of tion is in the national security interest of The Teller-Kurchatov Alliance for Peace, heretofore—limited bilateral cooperation— the United States. Russian assistance in as included in the National Defense Author- programmatic work to enhance the security such areas as sharing data from target acqui- ization Act for Fiscal Year 2005 (H.R. 4200), at Russian biological sites that hold dan- sition radars, currently unavailable to the gerous pathogens of interest to rogue states should immediately be enacted to award sci- Missile Defense Agency, would address one of or terrorist groups—and also proposes a new entists employed at the Kurchatov Institute the information gaps in the system’s current cooperative model for implementing this of the Russian Federation and scientists em- configuration. work. Central to the success of this initia- ployed at Lawrence Livermore National Lab- Comprehensive data exchanges could be tive is the cooperation of Russian authori- oratory, international exchange fellowships the first area of possible bilateral missile de- ties that control access to these facilities. in the nuclear nonproliferation sciences. fense cooperation. Under the auspices of the Reflecting internal concerns about the pace This program, between the leading U.S. and IEG, a series of senior working group meet- and scope of existing cooperative threat re- Russian nuclear facilities, would promote ings could be established with U.S. counter- duction programs with the United States, peaceful uses of nuclear technology and pro- parts. The working group would be empow- the Russians established an interagency vide opportunities for advancement in the ered to establish agenda topics reflecting the group, supported by President Putin, senior field of nuclear nonproliferation to scientists interests and priorities of each side. In addi- military, security and political officials, who, as demonstrated by their academic or tion, and as part of that mechanism, the whose goal is to find solutions to the bureau- professional achievements, show particular sides might agree on a process where they cratic obstacles that have plagued existing promise of making significant contributions would report to their respective political programmatic efforts. Known as the Inter- in that field. leadership, as well as representatives of the national Exchange Group (IEG) within Rus- Removing potential nuclear weapons mate- U.S. Congress and Duma, on the progress sia, as a sign of its bona fides and influence rials from vulnerable sites around the world being achieved by the working group. Currently, a government-to-government within the Russian government, IEG has pre- would reduce the chance that such materials agreement must be in place to serve as a sented to U.S. officials a list of 89 biological would fall into the hands of groups hostile to framework for any industry cooperation on facilities as candidates for security enhance- the national security of the United States. A Task Force on Nuclear Material Removal missile defense. Regular meetings and dis- ment work. cussions between officials of the two govern- Recognizing the challenge and expense of should be established by the President ap- pointing the Department of Energy to ensure ments are ongoing and contributing to this working at such a large number of sites, the framework agreement. These discussions IEG has proposed a pilot project that would that potential nuclear weapons materials are entirely removed from the most vulnerable should also review U.S. and Russian export encompass work at six biological sites, in- control and liability policies in order to nor- cluding Biopreparat, the military’s leading sites as soon as practicable. Armenia, Azerbaijan, the Republic of Geor- malize the trade relationship. producer of biological pathogens. The IEG Additional areas of potential missile de- has contracted official agreements with all gia, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan, all part of fense cooperation that may be beneficial to six facilities. These sites would have to be the two nations include targets, radars and the Silk Road region, would benefit from the assessed carefully by U.S. experts to deter- sensors. mine the appropriate amount of funding and Silk Road Initiative to develop sustainable Targets—Both the United States and the most effective set of security enhancements employment opportunities between the Russian Federation have space-based Early required for implementing the project, but United States and the Silk Road nations for Warning Systems (EWS) and long histories an overall initial estimate of $10 million to scientists, engineers and technicians for- of development therein. A major new thrust complete work at the six sites is required. merly engaged in activities to develop and is the need for the future Ballistic Missile Funding for this project could be made avail- produce weapons of mass destruction. This Defense System to detect missile launches able through funds existing within the De- program will incorporate the best practices much earlier than provided by current EWS partment of Defense’s Cooperative Threat under the former Initiatives for Prolifera- capabilities. This is important to support the Reduction Program. tion Prevention program and facilitate com- boost phase intercept element of BMDS In addition to the national security benefit mercial partnerships between private enti- where alert and launch of interceptors with- of securing hazardous biological pathogens, ties in the United States and scientists, engi- in tens of seconds of the threat missile igni- the pilot project would have two innovative neers and technicians in the Silk Road nation are extremely valuable to the oper- programmatic elements. The first is that the tions. ational concept. Russian side would commit its own ‘‘up- During the Cold War, the Soviet Union pre- Currently, an initiative exists that is on- front’’ funding to begin the projects. The sented the U.S. with a clear and identifiable going within the Missile Defense Agency IEG would expect U.S. funding to be made threat to our national security. For decades, dealing with targets and countermeasures. Through this initiative, targets are provided available to ultimately fund the six site the Soviet Union developed massive stock- for missile defense interceptor tests. Com- pilot projects, but they are prepared to co- piles of nuclear, chemical and biological petition exists between U.S. contractors to operate in the establishment of a joint U.S.- weapons. With the fall of the Soviet Union, provide targets and these awards, if appro- Russian management team that would over- these stockpiles are largely unaccounted for and in dangerously insecure locations and fa- priate could be competed to include non-U.S. see the project. The management team entities, including Russian firms to provide would place U.S. funds in an escrow account, cilities. In the post-September 11th world, in which realistic targets to the Missile Defense Agen- releasing those funds to the Russians only our nation faces new threats from under- cy. when mutually agreed upon project mile- ground terrorist organizations, it is more The Russian Federation has been requested stones had been achieved and verified. The important than ever to work with Russia to by the Missile Defense Agency to provide second innovative element of this initiative eliminate and secure their weapons of mass ballistic missile targets and launch services is that unlike much of the security enhance- destruction so that they do not fall into the for radar evaluation. In the long term, this ment work currently funded that relies heav- wrong hands. By implementing and engaging could evolve into an expanded test program ily on U.S. contractor involvement—trig- Russia in these programs would secure our to include target intercepts. Both nations gering legal disputes over liability—the pilot national security. will cooperate to access threat representa- project would be carried out by Russian con- tive targets and provide more operationally tractors, working in Russia at Russian sites. U.S.—RUSSIA COOPERATION ON MISSILE realistic testing opportunities. In so doing, the Russians would accept all DEFENSE Radars—Early Warning Radars offer a pro- the legal liability for performed work and Recognizing the emerging threat of missile pitious opportunity for cooperation. A coop- there also would be no Russian claim that attack from rogue nations that may con- erative effort with Russia to co-develop early

VerDate Aug 04 2004 04:54 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00108 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.094 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7439 warning radars, located along the Russian long-term relationship and direct involve- or at least providing a substantial reduction southern border looking toward Middle East ment in the U.S. BMDS as well as significant in the tax rate on repatriated earnings, and and Southwest Asia threats, is critical to Russian industry involvement and monetary implementing tax sparring for Russian, and both nations. UHF technology is globally benefits. especially the former countries of the Soviet widespread and, therefore, in a category of ENERGY Union, energy investment. technology considered exportable. Early Russia, with its vast oil and gas resources, For Russia to recognize its potential, both warning data alerting our two governments a growing and diverse number of private sec- Russian and non-Russian investors must of a Middle East threat would go to a Rus- tor companies and a renewed commitment to have confidence that, when disputes arise, a sian site, a U.S. site or it could go to a third investment by international energy compa- judicial system exists that will fairly and site that would then pass the early warning nies, offers a unique opportunity to provide impartially enforce the rules applicable to data to both countries. their operations and honor their agreements. Sensors—A great deal of attention is being energy stability to an often volatile and insecure world energy market. Working with In addition, a banking system capable of pro- paid by Homeland Security and the Defense viding the funds to finance this growth must Agencies to detect the presence of Special Russia, the U.S. can play a critical role in supporting energy development among the exist. By creating a joint United States-Rus- Nuclear Material or nuclear weapons at sian Energy Bank similar to the World Bank, points of entry or those assembled clandes- resource rich countries of the former Soviet Union. In a time of historically high crude European Development Bank or Inter- tinely here at home. However, once a nuclear national Monetary Fund but limited to the weapon or a dirty bomb has been detonated oil and natural gas prices, the United States and Russia must establish a more effective United States, Russia and former countries or a successful disastrous attack on a nu- of the Soviet Union, could create a positive clear reactor has been made, the important energy partnership. Both the United States and Russia have emphasized the importance investment environment and produce long problem remains of defining the contami- term development of the energy sector in nated areas for evacuation and subsequent of energy in the bilateral relationship, and have sought ways to encourage trade and in- Russia. At least, during the appropriation decontamination. The better and more process, Congress must encourage that funds quickly the delineation of the dangerous vestment, but the results of their actions have not been sufficient. Russia’s vast en- appropriated to these development banks be areas can be accomplished, the sooner the ci- used in energy projects in Russian and the vilian population can be rescued and their ergy resources have not flooded the United States market. former countries of the Soviet Union. fears alleviated and the more quickly the de- Russia also needs to clarify and fix either contamination effort can proceed with pro- Russia’s energy sector is at full capacity, unable to export greater amounts of oil and the tax scheme under which new exploration tection for the clean up crews. and production would be covered, or revisit a Present technology depends in large part gas. Increasing Russia’s oil and gas exports Production Sharing Agreement. United on the use of detectors that are sensitive to will require sequenced long-term investment States energy companies need to be able to the gamma rays emitted by the decay of in exploration, production and transpor- quantify their potential outcome prior to in- radionuclides. However, these detectors re- tation to increase total system capacity. vesting in explorations, or even seismic anal- quire that they be used within the irradiated Large-scale direct investment by United ysis to determine their interest in exploring region that could produce possible radiation States companies, with its major inputs of a given area. effects on the operator. This mean of free technology and management, in the Russian B. Improve Russia Production Capabili- path of the gamma rays, however, is not suf- energy sector is vital in order for Russia to ties.—Russia’s ability to transport and ex- ficiently long enough to permit the use of a substantially increase its energy output for port oil and gas is significantly below its gamma sensor from remote platforms such the benefit of both the United States and production capabilities. In 2004, Russian oil as a helicopter or UAV that could provide a Russia. American energy company invest- exports will expand almost 12% over the 250 rapid assessment of the situation and map- ment in the Russian energy sector will im- mm tons exported in 2003. However, in the ping of the affected areas. prove Russia’s economic development and Little known measurements, made a num- political stability, while at the same time following two years, exports will increase ber of years ago, showed that the radioactive supply the United States with additional oil only 3% annually because the existing pipe- decay products (alpha, beta and gamma rays) and gas, thereby enhancing energy security line system is unable to pump greater quan- cause the atmosphere to fluoresce prin- by decreasing dependence on the Middle tities of oil. The Russian government must cipally in the ultraviolet (UV) and to a lesser East. define the rights of investors in private pipe- extent in other regions of the spectrum. While Russia’s foreign direct investment lines so that outside investment can con- Using this phenomenon it is possible to has increased, it remains far below its poten- struct additional major pipelines to increase measure and localize the UV emission from tial. Russia’s government policies, regula- output. Currently, energy transportation out these radiations remotely on the ground or tions and practices still make American in- of Russia is controlled by the Russian gov- from aircraft or a UAV. vestors wary of its uncertain business envi- ernment which may restrict capacity. Russia The Russians have demonstrated expertise ronment. United States companies require should open transportation capability to in ultraviolet sensors under the RAMOS pro- greater security and protections of their in- non-Russian entities so that U.S. companies gram. In addition, there are ongoing activi- terests in order to invest further in their investing in Russia may determine allo- ties with the Russian nuclear community for human, technical and financial capital in cating capacity. Threat Reduction. The United States and Russian energy markets. Numerous Amer- Russia should also remove the govern- Russia should broaden and fuse these capa- ican companies have struggled with Russian ment’s current requirement that a fixed per- bilities to this new program for remote sens- entities over asset ownership and appro- centage of new production must be sold into ing and mapping of radiological contami- priate taxation. the Russian domestic market at a signifi- nants. If Russia seeks to encourage foreign in- cantly lower price than the true market Measurements and modeling of the visible/ vestment, it must create a transparent busi- price. This would provide an incentive for infrared signatures (spectral, temporal, and ness environment. The United States and new production, since currently an esti- spatial) of Russian missile plumes is a near Russian government must take action, si- mated 65% of all production is sold at such a term project that could be placed under the multaneously, so that United States compa- discount. The Russian government could be- RAMOS program. Of particular interest are nies will overcome this uncertainty and income economically indifferent when an ap- data taken on plumes of the Russian rocket vest in Russia’s energy market. propriate tax scheme is defined at the outset motors and technologies that have been pre- A. Asset Ownership and Taxation.—Despite of the agreement. viously exported or copied by third word financial incentives, such as the United Additionally, if Russian companies aspire countries of concern. In addition to meas- States Export-Import Bank loan guarantees to become global leaders in the energy pro- uring the boost phase of Russian and U.S. to American exporters of oil and gas equip- duction market, the U.S. can assist Russian missile launches, there is also interest in ob- ment to Russia and Overseas Private Invest- oil companies to develop their resources, serving static tests. ment Corporation (OPIC) insurance and fi- shift their products to the United States The key to forging a U.S.-Russian missile nancing to American investors in the Rus- market and help advance and solidify Rus- defense alliance is now, before U.S.-Russian sian energy sector, the United States govern- sia’s integration into the international en- relations deteriorate further. Even the most ment must provide further incentives to energy economy. U.S. companies can offer the modest proposals and programs already un- courage greater investment in Russia such technical capability, the access to capital derway should be viewed as reforming a still as relaxing the foreign tax code. Over the and the international expertise to Russia. adversarial relationship between Washington decades, there have been few major changes Furthermore, the United States can provide and Moscow. Current discussions between in the structure of the United States inter- Russian companies adequate storage at re- the Department of Defense, the Missile De- national tax system. Reducing the relative fineries and ports. Old U.S. military bases, fense Agency and Russian officials should tax burden on foreign investment would in- which are no loner used by DoD, could pro- continue to provide a strategy to evaluate crease the extent to which American compa- vide the storage and security for energy im- the feasibility of increasing technical co- nies invest abroad. Policy options include ported from Russia. operation with Russian military industry on liberalizing the foreign tax credit’s limita- C. Commercial Energy Dialogue.—The missile defense technologies such as the Rus- tion and Subpart F’s restrictions on deferral foundation formed by President Bush and sian S–400 and S–500. These cooperative op- for Russian energy investment, exempting Putin’s 2002 United States-Russia Commer- portunities would benefit Russia through a all income from Russian energy production, cial Energy Dialogue must continue to be

VerDate Aug 04 2004 04:54 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00109 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.097 H22PT1 H7440 CONGRESSIONAL RECORD — HOUSE September 22, 2004 built upon, but at a faster pace. The U.S. De- balance of the week on account of per- validate additional conveyances of certain partment of Energy and the Russian Min- sonal reasons. lands in the State of California that form istry of Atomic Energy should continue to Mr. WICKER (at the request of Mr. part of the right-of-way granted by the convene annually with U.S. and Russian United States to facilitate the construction DELAY) for today on account of illness. agency officials, legislators, industry and of the transcontinental railway, and for academic institutions and identify areas of f other purposes. further cooperative efforts and potential SPECIAL ORDERS GRANTED H.R. 1732. An act to amend the Reclama- areas for new collaborations. tion Wastewater and Groundwater Study and When the President and other high level By unanimous consent, permission to Facilities Act to authorize the Secretary of United States officials meet with their Rus- address the House, following the legis- the Interior to participate in the Williamson sian counterparts, they must emphasize the lative program and any special orders County, Texas, Water Recycling and Reuse great need for Russia to improve its domes- heretofore entered, was granted to: Project, and for other purposes. tic investment climate as a prerequisite for (The following Members (at the re- H.R. 2696. An act to establish Institutes to higher levels of United States investment in demonstrate and promote the use of adaptive the energy sector. quest of Mr. HINOJOSA) to revise and ecosystem management to reduce the risk of While this dialogue is committed to pur- extend their remarks and include ex- wildfires, and restore the health of fire- suing new energy opportunities by fostering traneous material:) adapted forest and woodland ecosystems of closer relations between educational and Mr. HINOJOSA, for 5 minutes, today. the interior West. professional institutions and resolving cur- Ms. WOOLSEY, for 5 minutes, today. H.R. 3209. An act to amend the Reclama- rent trade and administrative disputes, the Mr. EMANUEL, for 5 minutes, today. tion Project Authorization Act of 1972 to commission should also review immigration Mr. DEFAZIO, for 5 minutes, today. clarify the acreage for which the North Loup policies practiced by the U.S. and Russian division is authorized to provide irrigation Mr. BROWN of Ohio, for 5 minutes, agencies granting visas for energy sector of- water under the Missouri River Basin ficials and employees. If this dialogue is to today. project. be successful, the participants of both na- Mr. CONYERS, for 5 minutes, today. H.R. 3249. An act to extend the term of the tions should receive visas in a timely man- Mr. STRICKLAND, for 5 minutes, Forest Counties Payments Committee. ner. today. H.R. 3768. An act to expand the Timucuan Additionally, as co-chairman of the Duma- Mr. HINCHEY, for 5 minutes, today. Ecological and Historic Preserve, Florida. Congress Study Group, I propose creating a Mrs. MALONEY, for 5 minutes, today. f task force between the two legislative Ms. KAPTUR, for 5 minutes, today. ADJOURNMENT branches in order to expedite legislative re- (The following Members (at the reforms recommended by the commercial en- quest of Mr. MORAN of Kansas) to re- Mr. WELDON of Pennsylvania. Mr. ergy dialogue. The task force should hold an- Speaker, I move that the House do now nual exchanges between members and staff vise and extend their remarks and in- of the energy committees. clude extraneous material:) adjourn. Russia has a renewed commitment to in- Mr. MARIO DIAZ-BALART of Florida, The motion was agreed to; accord- vestment by American energy companies. for 5 minutes, today. ingly (at midnight), under its previous Recent actions by President Putin signal the Mr. WELDON of Pennsylvania, for 5 order, the House adjourned until to- importance placed on energy trade and in- minutes, today. morrow, Thursday, September 23, 2004, vestment with the United States. He has at 9 a.m. called for increased pipeline infrastructure Mr. SOUDER, for 5 minutes, today. development to facilitate the export of oil to Mr. FRANKS of Arizona, for 5 minutes, f Europe and the United States stating ‘‘. . . I today. EXECUTIVE COMMUNICATIONS, would like relations between Russian and Mr. NORWOOD, for 5 minutes, Sep- ETC. United States businesses to develop more ac- tember 23. tively, especially in the strategically impor- Under clause 8 of rule XII, executive f tant area of energy. . . .’’ communications were taken from the It is clear, both the United States and Rus- SENATE BILL REFERRED Speaker’s table and referred as follows: sia want and need to increase Russia’s expor- A bill of the Senate of the following 9660. A letter from the Assistant Attorney tation of energy. This is a rare and distinct General, Department of Justice, transmit- opportunity where American and Russian title was taken from the Speaker’s table and, under the rule, referred as ting the 2003 Annual Report regarding the collaboration on enemy research might be Department’s enforcement activities under beneficial in fostering a cooperative, mar- follows: the Equal Credit Opportunity Act, pursuant ket-based approach to energy security, re- S. 2279. An act to amend title 46, United to 15 U.S.C. 1691f; to the Committee on Fi- ducing dependency on the tumultuous Mid- States Code, with respect to maritime trans- nancial Services. dle East. This can be the new model of future portation security and for other purposes; to 9661. A letter from the Acting Director, Of- energy partnerships. The United States and the Committee on Transportation and Infra- fice of Sustainable Fisheries, NMFS, Na- Russia can play a critical role in supporting structure. tional Oceanic and Atmospheric Administra- energy development among the energy rich f tion, transmitting the Administration’s final countries of the former Soviet Union, further rule — Fisheries of the Exclusive Economic improving global energy diversity and en- ENROLLED BILLS SIGNED Zone Off Alaska; Atka Mackeral Lottery in ergy security. Mr. Trandahl, Clerk of the House, re- Areas 542 and 543 [Docket No. 031126295-3295- f ported and found truly enrolled bills of 01; I.D. 081104A] received August 30, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- OMISSION FROM THE CONGRES- the House of the following titles, which mittee on Resources. SIONAL RECORD OF TUESDAY, were thereupon signed by the Speaker: 9662. A letter from the Assistant Director, SEPTEMBER 21, 2004 AT PAGE H.R. 265. An act to provide for an adjust- Executive and Political Personnel, Depart- H7267 ment of the boundaries of Mount Rainier Na- ment of Defense, transmitting a report pur- tional Park, and for other purposes. suant to the Federal Vacancies Reform Act H.R. 1521. An act to provide for additional of 1998; to the Committee on Government Re- MESSAGE FROM THE PRESIDENT lands to be included within the boundary of form. A message in writing from the Presi- the Johnstown Flood National Memorial in 9663. A letter from the Assistant Director, the State of Pennsylvania, and for other pur- Executive and Political Personnel, Depart- dent of the United States was commu- poses. ment of Defense, transmitting a report pur- nicated to the House by Ms. Wanda H.R. 1616. An act to authorize the exchange suant to the Federal Vacancies Reform Act Evans, one of his secretaries. of certain lands within the Martin Luther of 1998; to the Committee on Government Re- f King, Junior, National Historic Site for form. lands owned by the City of Atlanta, Georgia, 9664. A letter from the Assistant Director, LEAVE OF ABSENCE and for other purposes. Executive and Political Personnel, Depart- By unanimous consent, leave of ab- H.R. 1648. An act to authorize the Sec- ment of Defense, transmitting a report pur- sence was granted to: retary of the Interior to convey certain suant to the Federal Vacancies Reform Act water distribution systems of the Cachuma of 1998; to the Committee on Government Re- Mr. DAVIS of Illinois (at the request Project, California, to the Carpinteria Valley form. of Ms. PELOSI) for today on account of Water District and the Montecito Water Dis- 9665. A letter from the Assistant Director, a family emergency. trict. Executive and Political Personnel, Depart- Mr. KLECZKA (at the request of Ms. H.R. 1658. An act to amend the Railroad ment of Defense, transmitting a report pur- PELOSI) for today after 5 p.m. and the Right-of-Way Conveyance Validation Act to suant to the Federal Vacancies Reform Act

VerDate Aug 04 2004 04:54 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00110 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.101 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7441 of 1998; to the Committee on Government Re- 9676. A letter from the Acting Director, Of- in the Western Pacific; West Coast Salmon form. fice of Sustainable Fisheries, NMFS, Na- Fisheries; Inseason #8 — Adjustments of the 9666. A letter from the Assistant Director, tional Oceanic and Atmospheric Administra- Commercial Salmon Fishery from Humbug Executive and Political Personnel, Depart- tion, transmitting the Administration’s final Mountain, Oregon to the Oregon-California ment of Defense, transmitting a report pur- rule — Fisheries of the Exclusive Economic Border [Docket No. 040429134-4135-01; I.D. suant to the Federal Vacancies Reform Act Zone Off Alaska; ‘‘Other Flatfish’’ in the 081704D] received September 8, 2004, pursuant of 1998; to the Committee on Government Re- Bering Sea and Aleutian Islands [Docket No. to 5 U.S.C. 801(a)(1)(A); to the Committee on form. 031124287-4060-02; I.D. 081004F] received Au- Resources. 9667. A letter from the Assistant Director, gust 30, 2004, pursuant to 5 U.S.C. 9684. A letter from the Acting Director, Of- Executive and Political Personnel, Depart- 801(a)(1)(A); to the Committee on Resources. fice of Sustainable Fisheries, NMFS, Na- ment of Defense, transmitting a report pur- 9677. A letter from the Acting Director, Of- tional Oceanic and Atmospheric Administra- suant to the Federal Vacancies Reform Act fice of Sustainable Fisheries, NMFS, Na- tion, transmitting the Administration’s final of 1998; to the Committee on Government Re- tional Oceanic and Atmospheric Administra- rule — Fisheries of the Caribbean, Gulf of form. tion, transmitting the Administration’s final Mexico, and South Atlantic; Reef Fish Fish- 9668. A letter from the Director, Office of rule — Fisheries of the Exclusive Zone Off ery of the Gulf of Mexico; Closure of the Surface Mining, Department of the Interior, Alaska; Rock Sole in the Bering Sea and Spring Commerical Red Snapper Component transmitting the Department’s final rule — Aleutian Islands [Docket No. 031124287-4060- [I.D. 082404C] received September 8, 2004, pur- Indiana Regulatory Program and Abandoned 02; I.D. 081004E] received August 30, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mine Land Reclaimation Plan [Docket No. suant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Resources. IN-155-FOR] received September 9, 2004, pur- mittee on Resources. 9685. A letter from the Director, Office of suant to 5 U.S.C. 801(a)(1)(A); to the Com- 9678. A letter from the Acting Director, Of- Sustainable Fisheries, NMFS, National Oce- mittee on Resources. fice of Sustainable Fisheries, NMFS, Na- anic and Atmospheric Administration, trans- 9669. A letter from the Director, Office of tional Oceanic and Atmospheric Administra- mitting the Administration’s final rule — Surface Mining, Department of the Interior, tion, transmitting the Administration’s final Fisheries of the Exclusive Economic Zone transmitting the Department’s final rule — rule — Magnuson-Stevens Fishery Conserva- Off Alaska; Pollock in Statistical Area 620 of Texas Regulatory Program [Docket No. TX- tion and Management Act Provisions; Fish- the Gulf of Alaska [Docket No. 031125292-4061- 053-FOR] received September 9, 2004, pursu- eries of the Northeastern United States; 02; I.D. 082704A] received September 9, 2004, ant to 5 U.S.C. 801(a)(1)(A); to the Committee Northeast (NE) Multispecies Fishery; Imple- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- on Resources. mentation of the Yellowtail Flounder Land- mittee on Resources. 9670. A letter from the Director, Office of ing Limit for Western and Eastern U.S./Can- 9686. A letter from the Director, Office of Surface Mining, Department of the Interior, ada Areas [Docket No. 040112010-4114-02; I.D. Sustainable Fisheries, NMFS, National Oce- transmitting the Department’s final rule — 081204C] Recieved August 30, 2004, pursuant anic and Atmospheric Administration, trans- Maryland Regulatory Program [MD-054-FOR] to 5 U.S.C. 801(a)(1)(A); to the Committee on mitting the Administration’s final rule — received September 9, 2004, pursuant to 5 Resources. Fisheries of the Exclusive Economic Zone U.S.C. 801(a)(1)(A); to the Committee on Re- 9679. A letter from the Acting Director, Of- Off Alaska; Pollock in Statistical Aera 630 of sources. fice of Sustainable Fisheries, NMFS, Na- the Gulf of Alaska [Docket No. 031125292-4061- 9671. A letter from the Director, Office of tional Oceanic and Atmospheric Administra- 02; I.D. 082704B] received September 9, 2004, Surface Mining, Department of the Interior, tion, transmitting the Administration’s final pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- transmitting the Department’s final rule — rule — Fisheries off the West Coast States mittee on Resources. Illinois Regulatory Program and Illinois and in the Western Pacific; Pacific Coast 9687. A letter from the Chairman, U.S. Abandoned Mine Land Reclamation Plan Groundfish Fishery; End of the Pacific Whit- International Trade Commission, transmit- [IL-102-FOR] received July 19, 2004, pursuant ing Primary Season for the Shore-based Sec- ting pursuant to Section 2104(f) of the Trade to 5 U.S.C. 801(a)(1)(A); to the Committee on tor and the Resumption of Trip Limits Act of 2002, a report on the Commission’s in- Resources. [Docket No. 031216314-4118-03; I.D. 081104I] re- vestigation entitled ‘‘U.S.-Central America- 9672. A letter from the Assistant Adminis- ceived August 30, 2004, pursuant to 5 U.S.C. Dominican Republic Free Trade Agreement: trator for Fisheries, NMFS, National Oce- 801(a)(1)(A); to the Committee on Resources. Potential Economywide and Selected Sec- anic and Atmospheric Administration, trans- 9680. A letter from the Acting Director, Of- toral Effects, Inv. No. TA-2104-13, USITC mitting the Administration’s final rule — fice of Sustainable Fisheries, NMFS, Na- Publication 3717’’; to the Committee on Ways Fisheries Off West Coast States and in the tional Oceanic and Atmospheric Administra- and Means. Western Pacific; Pacific Coast tion, transmitting the Administration’s final 9688. A letter from the Acting Assistant Groundfishery; Pacific Whiting; Routine rule — Fisheries of the Exclusive Economic Secretary for Legislative Affairs, Depart- Management Measure; Closure Authority Zone Off Alaska; Pacific Ocean Perch in the ment of State, transmitting a two-part re- [Docket No. 040726215-4215-01; I.D. 071604d] Eastern Aleutian District of the Bering Sea port to the Congress on various conditions in (RIN: 0648-AS48) received August 30, 2004, and Aleutian Islands [Docket No. 031124287- Bosnia and Herzegovina. Part I responds to pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 4060-02; I.D. 070804A] received July 20, 2004, the requirements of section 7 of Pub. L. 105- mittee on Resources. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 174 (1998 Supplemental Appropriations and 9673. A letter from the Deputy Assistant mittee on Resources. Rescissions Act) and outlines the latest de- Administrator for Regulatory Programs, 9681. A letter from the Acting Director, Of- velopments in our continuing efforts to NMFS, National Oceanic and Atmospheric fice of Sustainable Fisheries, NMFS, Na- achieve a sustainable peace in Bosnia and Administration, transmitting the Adminis- tional Oceanic and Atmospheric Administra- Herzegovina. Part II responds to the supple- tration’s final rule — Fisheries of the Exclu- tion, transmitting the Administration’s final mentary reporting requirements contained sive Economic Zone Off Alaska; Fish Meal rule — Fisheries Off West Coast States and in section 1203(a) of Pub. L. 105-261 (Strom [Docket No. 040427134-4230-02; I.D.042004D] in the Western Pacific; West Coast Salmon Thurmond National Defense Authorization (RIN: 0648-AR64) received September 7, 2004, Fisheries; Inseason Action #7 — Adjustments Act for FY 1999), covering the period from pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- of the Recreational Fishery from the Queets January 1 to June 30, 2004; jointly to the mittee on Resources. River, Washington to Cape Falcon, Oregon Committees on International Relations, 9674. A letter from the Deputy Assistant [Docket No. 040429134-4135-01; I.D. 081704C] re- Armed Services, and Appropriations. Administrator for Regulatory Programs, ceived September 8, 2004, pursuant to 5 f NMFS, National Oceanic and Atmospheric U.S.C. 801(a)(1)(A); to the Committee on Re- Administration, transmitting the Adminis- sources. REPORTS OF COMMITTEES ON tration’s final rule — Fisheries Off West 9682. A letter from the Acting Director, Of- PUBLIC BILLS AND RESOLUTIONS Coast States and in the Western Pacific; Pa- fice of Sustainable Fisheries, NMFS, Na- Under clause 2 of rule XIII, reports of cific Coast Groundfish Fishery [Docket No. tional Oceanic and Atmospheric Administra- 040624193-4193-01; I.D. 060304A] (RIN: 0648- tion, transmitting the Administration’s final committees were delivered to the Clerk AS43) received July 22, 2004, pursuant to 5 rule — Fisheries Off West Coast States and for printing and reference to the proper U.S.C. 801(a)(1)(A); to the Committee on Re- in the Western Pacific; West Coast Salmon calendar, as follows: sources. Fisheries; Inseason Action #6 — Adjustments Mr. BARTON: Committee on Energy and 9675. A letter from the Deputy Director, Of- of the Commercial Fishery from the U.S.- Commerce. H.R. 4555. A bill to amend the fice of Sustainable Fisheries, NMFS, Na- Canada Border to Cape Falcon, Oregon Public Health Service Act to revise and ex- tional Oceanic and Atmospheric Administra- [Docket No. 040429134-4135-01; I.D. 081604A] re- tend provisions relating to mammography tion, transmitting the Administration’s final ceived September 8, 2004, pursuant to 5 quality standards: with an amendment rule — Fisheries of the Caribbean, Gulf of U.S.C. 801(a)(1)(A); to the Committee on Re- (Rept. 108–694). Referred to the Committee of Mexico, and South Atlantic; Reef Fish Fish- sources. the Whole House on the State of the Union. ery of the Gulf of Mexico; Closure of the 2004 9683. A letter from the Acting Director, Of- Mr. REYNOLDS: Committee on Rules. Deep-Water Grouper Commercial Fishery fice of Sustainable Fisheries, NMFS, Na- House Resolution 785. Resolution waiving a [I.D. 070104K] received July 22, 2004, pursuant tional Oceanic and Atmospheric Administra- requirement of clause 6(a) of rule XIII with to 5 U.S.C. 801(a)(1)(A); to the Committee on tion, transmitting the Administration’s final respect to consideration of certain resolu- Resources. rule — Fisheries Off West Coast States and tions reported from the Committee on Rules

VerDate Aug 04 2004 04:54 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00111 Fmt 4634 Sfmt 0634 E:\CR\FM\L22SE7.000 H22PT1 H7442 CONGRESSIONAL RECORD — HOUSE September 22, 2004 (Rept. 108–695). Referred to the House Cal- H.R. 5127. A bill to amend the Federal Elec- ices, and Transportation for the fiscal year endar. tion Campaign Act of 1971 to define political ending September 30, 2005, and for other pur- f committee and clarify when organizations poses; to the Committee on Rules. described in section 527 of the Internal Rev- By Mr. OBEY: PUBLIC BILLS AND RESOLUTIONS enue Code of 1986 must register as political H. Res. 788. A resolution providing for con- Under clause 2 of rule XII, public committees, and for other purposes; to the sideration of the bill (H.R. 4423) making appropriations for the Department of Veterans bills and resolutions were introduced Committee on House Administration. By Mr. YOUNG of Alaska: Affairs for the fiscal year ending September and severally referred, as follows: H.R. 5128. A bill to require the Secretary of 30, 2004, and for other purposes; to the Com- By Mr. GREEN of Texas: the Treasury to mint coins in commemora- mittee on Rules. H.R. 5119. A bill to prohibit the use of re- tion of the founding of America’s National By Mr. OBEY: mote control locomotives to carry hazardous Parks, and for other purposes; to the Com- H. Res. 789. A resolution providing for con- materials, and for other purposes; to the mittee on Financial Services. sideration of the bill (H.R. 4424) making ap- Committee on Transportation and Infra- By Mr. CUMMINGS (for himself, Mr. propriations for military construction and structure. BISHOP of Georgia, Mr. BUTTERFIELD, family housing for the Department of De- By Mr. DOOLEY of California (for him- Ms. CORRINE BROWN of Florida, Ms. fense for the fiscal year ending September 30, self and Mr. FRELINGHUYSEN): CARSON of Indiana, Mrs. 2005, and for other purposes; to the Com- H.R. 5120. A bill to improve the operation CHRISTENSEN, Mr. CLAY, Mr. CLY- mittee on Rules. and utilization of the United States National BURN, Mr. CONYERS, Mr. DAVIS of Ala- By Mr. OBEY: H. Res. 790. A resolution providing for con- Arboretum in the District of Columbia, and bama, Mr. DAVIS of Illinois, Mr. sideration of the bill (H.R. 4473) making ap- for other purposes; to the Committee on Ag- FATTAH, Mr. FORD, Mr. HASTINGS of propriations for the Department of Edu- riculture. Florida, Mr. JACKSON of Illinois, Ms. cation for the fiscal year ending September By Mr. YOUNG of Alaska (for himself, JACKSON-LEE of Texas, Mr. JEFFER- 30, 2005, and for other purposes; to the Com- Mr. OBERSTAR, Mr. MICA, and Mr. SON, Ms. EDDIE BERNICE JOHNSON of mittee on Rules. DEFAZIO): Texas, Mrs. JONES of Ohio, Ms. KIL- H.R. 5121. A bill to further protect the By Mr. HINOJOSA: PATRICK, Ms. LEE, Mr. LEWIS of Geor- H. Res. 791. A resolution supporting the United States aviation system from terrorist gia, Ms. MAJETTE, Mr. MEEK of Flor- goals and ideas of Hispanic Engineering, attacks; to the Committee on Transpor- ida, Mr. MEEKS of New York, Ms. Science, and Technology Week and recog- tation and Infrastructure, and in addition to MILLENDER-MCDONALD, Ms. NORTON, nizing the University of Texas-Pan American the Committee on International Relations, Mr. OWENS, Mr. PAYNE, Mr. RANGEL, for its efforts to prepare Hispanic youth for for a period to be subsequently determined Mr. RUSH, Mr. SCOTT of Georgia, Mr. careers in engineering, science, and tech- by the Speaker, in each case for consider- SCOTT of Virginia, Mr. THOMPSON of nology; to the Committee on Education and ation of such provisions as fall within the ju- Mississippi, Mr. TOWNS, Ms. WATERS, the Workforce. risdiction of the committee concerned. Ms. WATSON, Mr. WATT, and Mr. By Mr. GEORGE MILLER of California By Mr. NEY (for himself and Mr. WYNN): (for himself, Mrs. JONES of Ohio, Mr. LARSON of Connecticut): H. Con. Res. 495. Concurrent resolution rec- MCDERMOTT, Mrs. MCCARTHY of New H.R. 5122. A bill to amend the Congres- ommending expenditures for an appropriate York, Ms. LEE, Mr. HONDA, Mrs. sional Accountability Act of 1995 to permit visitor’s center at Little Rock Central High DAVIS of California, Mr. DAVIS of members of the Board of Directors of the Of- School National Historic Site to commemo- Florida, Mr. HASTINGS of Florida, Ms. fice of Compliance to serve for 2 terms; to rate the desegregation of Little Rock Cen- CARSON of Indiana, Ms. WATSON, Mr. the Committee on House Administration. tral High School; to the Committee on Re- COOPER, Mr. JEFFERSON, Mr. DAVIS of By Mr. BARRETT of South Carolina sources. Alabama, Mr. WICKER, Mr. MENEN- (for himself and Mr. OSE): By Ms. LEE (for herself, Mr. LANTOS, DEZ, Mr. HINOJOSA, Ms. JACKSON-LEE H.R. 5123. A bill to require agencies to re- Mr. RANGEL, Mr. MEEK of Florida, of Texas, Mr. HOLT, Mr. MEEKS of view all major rules within 10 years after Mr. MEEKS of New York, Mr. New York, Mr. MORAN of Virginia, issuance, including a cost-benefit analysis BALLENGER, Mr. LEACH, Mr. Mr. CLYBURN, Ms. EDDIE BERNICE using a standard government-wide method- DELAHUNT, Mr. PAYNE, Mrs. JOHNSON of Texas, Mr. BROWN of ology, and for other purposes; to the Com- CHRISTENSEN, Mr. SERRANO, Ms. KIL- Ohio, Mr. SERRANO, Mr. FORD, Mr. mittee on Government Reform. PATRICK, and Ms. WATERS): WATT, Ms. KILPATRICK, Ms. WATERS, By Mrs. KELLY (for herself, Mr. H. Con. Res. 496. Concurrent resolution ex- Mr. SCOTT of Georgia, Mr. WEXLER, ROYCE, and Mr. FEENEY): pressing the sense of Congress with regard to Mr. RUSH, Mr. RYAN of Ohio, Mr. H.R. 5124. A bill to require that certain providing humanitarian assistance to coun- FATTAH, Mr. VAN HOLLEN, Ms. WOOL- measures be taken with respect to countries tries of the Caribbean devastated by Hurri- SEY, Mr. SPRATT, Mr. CONYERS, Mr. of concern regarding terrorist financing; to canes Charley, Frances, Ivan, and Jeanne; to BUTTERFIELD, Ms. MILLENDER- the Committee on Financial Services, and in the Committee on International Relations. MCDONALD, Mr. KILDEE, Mr. BURNS, addition to the Committee on International By Mr. FOLEY (for himself, Ms. GINNY Mr. SNYDER, Mr. HOYER, Ms. PELOSI, Relations, for a period to be subsequently de- BROWN-WAITE of Florida, Ms. ROS- Mr. CAPUANO, Mr. MILLER of North termined by the Speaker, in each case for LEHTINEN, Mr. FEENEY, Mr. MARIO Carolina, and Mr. WEINER): consideration of such provisions as fall with- DIAZ-BALART of Florida, Mr. PUTNAM, H. Res. 792. A resolution honoring the in the jurisdiction of the committee con- Mr. MILLER of Florida, Mr. STEARNS, United Negro College Fund on the occasion cerned. Mr. WELDON of Florida, Mr. MEEK of of the Fund’s 60th anniversary and the By Mrs. MALONEY (for herself, Mr. Florida, Mr. BOYD, Mr. LINCOLN DIAZ- Fund’s unflagging dedication to enhancing SHAYS, Mr. WEINER, Mr. HOEFFEL, BALART of Florida, Mr. CRENSHAW, top quality college opportunities to millions Mr. GEORGE MILLER of California, Ms. Mr. BILIRAKIS, Mr. MICA, Mr. SHAW, of students; to the Committee on Education BALDWIN, Ms. DELAURO, and Mr. Mr. KELLER, Mr. DAVIS of Florida, and the Workforce. OBERSTAR): Mr. YOUNG of Florida, Ms. CORRINE By Ms. WATSON (for herself, Mrs. H.R. 5125. A bill to extend the operation of BROWN of Florida, Mr. GOSS, Ms. HAR- CHRISTENSEN, Mr. PASCRELL, Mr. FIL- the National Commission on Terrorist At- RIS, Mr. HASTINGS of Florida, Mr. NER, Ms. ESHOO, Mr. DEFAZIO, Mr. tacks on the United States to serve as a re- DEUTSCH, and Mr. WEXLER): HOYER, Mr. CONYERS, Mr. RANGEL, source for the President and Congress, and H. Res. 784. A resolution commending the Mr. OWENS, Ms. JACKSON-LEE of for other purposes; to the Committee on In- resiliency of the people of the State of Flor- Texas, Mr. HASTINGS of Florida, Mr. telligence (Permanent Select). ida and the work of those individuals who MCDERMOTT, Ms. SOLIS, Mrs. By Mr. NADLER (for himself, Mr. have assisted with the recovery efforts after NAPOLITANO, Mrs. TAUSCHER, Ms. SHAYS, Mrs. LOWEY, Mr. the devastation caused by Hurricanes Char- LINDA T. SANCHEZ of California, Mr. RUPPERSBERGER, Mr. FILNER, Ms. ley, Frances, and Ivan; to the Committee on HONDA, Mr. TOWNS, Mr. LEWIS of BALDWIN, Mr. GRIJALVA, Mr. GEORGE Government Reform. Georgia, Mr. PAYNE, Mr. JEFFERSON, MILLER of California, Mr. MORAN of By Mr. OBEY: Ms. NORTON, Ms. WATERS, Mr. BISHOP Virginia, Mr. SERRANO, Mr. CROWLEY, H. Res. 786. A resolution providing for con- of Georgia, Ms. CORRINE BROWN of Mrs. MALONEY, Mr. OLVER, Mr. ABER- sideration of the bill (H.R. 4421) making ap- Florida, Mr. CLYBURN, Ms. EDDIE CROMBIE, Mr. WAXMAN, Mr. KUCINICH, propriations for the Environmental Protec- BERNICE JOHNSON of Texas, Mr. RUSH, Mrs. DAVIS of California, Mr. tion Agency for the fiscal year ending Sep- Mr. WATT, Mr. WYNN, Mr. DAVIS of MCDERMOTT, and Mr. GORDON): tember 30, 2005, and for other purposes; to Alabama, Ms. MAJETTE, Mr. MEEK of H.R. 5126. A bill to amend the Federal the Committee on Rules. Florida, Mr. SCOTT of Georgia, Mr. Rules of Evidence to create an explicit privi- By Mr. OBEY: BUTTERFIELD, Mr. THOMPSON of Mis- lege to preserve medical privacy; to the H. Res. 787. A resolution providing for con- sissippi, Mr. FATTAH, Mr. JACKSON of Committee on the Judiciary. sideration of the bill (H.R. 4422) making ap- Illinois, Ms. MILLENDER-MCDONALD, By Mr. SHAYS (for himself and Mr. propriations for the Departments of Agri- Mr. CUMMINGS, Ms. CARSON of Indi- MEEHAN): culture, Education, Health and Human Serv- ana, Mrs. CHRISTENSEN, Mr. DAVIS of

VerDate Aug 04 2004 04:54 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00112 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.066 H22PT1 September 22, 2004 CONGRESSIONAL RECORD — HOUSE H7443

Illinois, Mr. FORD, Ms. KILPATRICK, H.R. 3864: Mr. MCNULTY. H.R. 5079: Mr. GREEN of Wisconsin. Mr. MEEKS of New York, Ms. LEE, H.R. 3933: Mr. SHAYS. H.R. 5080: Mr. GREEN of Wisconsin. Mrs. JONES of Ohio, and Mr. CLAY): H.R. 4101: Mr. ABERCROMBIE. H.R. 5081: Mr. RYUN of Kansas, Mr. H. Res. 793. A resolution condemning all ef- H.R. 4182: Mr. INSLEE. MCINNIS, and Mr. GOODE. forts to suppress and intimidate voters in H.R. 4192: Ms. CARSON of Indiana. H.R. 5082: Mr. NADLER. the United States and reaffirming that the H.R. 4232: Mr. CULBERSON, Mr. DELAY, and H.R. 5111: Mr. TANCREDO. right to vote is a fundamental right of all el- Mr. BARTON of Texas. H.J. Res. 102: Mr. SNYDER and Mr. WALSH. igible United States citizens; to the Com- H.R. 4250: Mr. RANGEL. H.J. Res. 103: Mrs. CHRISTENSEN, Mr. FIL- mittee on the Judiciary, and in addition to H.R. 4261: Mr. OBERSTAR. NER, Mr. SERRANO, and Mr. MCNULTY. the Committee on House Administration, for H.R. 4341: Mr. SIMMONS, Mr. FERGUSON, Mr. H. Con. Res. 111: Mr. HINCHEY and Mr. a period to be subsequently determined by MCNULTY, Mr. VAN HOLLEN, Ms. HARMAN, Mr. KLECZKA. the Speaker, in each case for consideration OXLEY, and Mr. ALLEN. H. Con. Res. 252: Mr. RAHALL. of such provisions as fall within the jurisdic- H.R. 4379: Mr. VAN HOLLEN. H. Con. Res. 435: Mr. OLVER. tion of the committee concerned. H.R. 4390: Mr. SPRATT. H. Con. Res. 488: Mr. BONNER. H.R. 4440: Mr. TANCREDO. H. Res. 144: Mr. BLUMENAUER. f H.R. 4578: Mr. GILLMOR, Ms. SOLIS, Mr. H. Res. 575: Mr. EHLERS. PRIVATE BILLS AND KUCINICH, Mr. SABO, Mr. ENGLISH, Mr. H. Res. 758: Mr. OBERSTAR, Mr. CHANDLER, LATOURETTE, Mrs. JONES of Ohio, Mr. RESOLUTIONS Mr. MCDERMOTT, Ms. LEE, Mr. SERRANO, Ms. LARSON of Connecticut, and Mr. MATSUI. KAPTUR, Mr. MARSHALL, Mr. DOGGETT, and Under clause 3 of rule XII, H.R. 4610: Mrs. JONES of Ohio. Mr. STARK. H.R. 4616: Mr. OWENS. Mr. NORWOOD introduced a bill (H.R. 5129) H. Res. 759: Mr. ROYCE, Mr. COX, Mr. GARY H.R. 4620: Mr. LUCAS of Oklahoma, Mr. for the relief of Thomas W. Sikes and Wel- G. MILLER of California, and Ms. LORETTA POMBO, Mr. STENHOLM, Mr. DOOLEY of Cali- lington Trade, Inc., doing business as SANCHEZ of California. fornia, Mr. POMEROY, and Mr. HERGER. Containerhouse; which was referred to the H. Res. 772: Mr. FROST, Mr. KENNEDY of H.R. 4634: Mr. BACHUS, Mr. BRADLEY of New Committee on the Judiciary. Rhode Island, and Mr. WEXLER. Hampshire, Mr. GILCHREST, and Mr. SAXTON. H. Res. 774: Mr. BERMAN, Mr. LEVIN, Mr. f H.R. 4652: Mr. KING of Iowa. HASTINGS of Florida, and Mr. PALLONE. H.R. 4661: Mrs. JO ANN DAVIS of Virginia. H. Res. 776: Mr. FILNER. ADDITIONAL SPONSORS H.R. 4662: Mr. MCCRERY. H. Res. 782: Mr. SMITH of Washington. Under clause 7 of rule XII, sponsors H.R. 4679: Mr. LEVIN. were added to public bills and resolu- H.R. 4680: Mr. CAMP. f tions as follows: H.R. 4682: Mrs. KELLY and Mr. PASCRELL. H.R. 4730: Mr. SPRATT, Mr. HILL, Mr. ROSS, PETITIONS, ETC. H.R. 104: Mr. LANTOS. Mr. BROWN of South Carolina, Mr. BOEHLERT, Under clause 3 of rule XII, petitions H.R. 290: Mr. GILLMOR. Mr. BAIRD, Mr. SANDLIN, Mr. BURTON of Indi- H.R. 434: Mr. FOLEY and Mrs. EMERSON. and papers were laid on the clerk’s ana, Mrs. CAPITO, Mr. SHIMKUS, Mr. COLLINS, desk and referred as follows: H.R. 480: Mr. BUTTERFIELD. and Mr. MURTHA. H.R. 677: Mr. GORDON and Mr. MCINTYRE. H.R. 4752: Mr. ANDREWS and Mr. FATTAH. 105. The SPEAKER presented a petition of H.R. 775: Mr. PAUL. H.R. 4772: Mr. OLVER, Mr. JOHN, and Mrs. the Junior Order United American Mechan- H.R. 792: Mr. MORAN of Kansas. JONES of Ohio. ics, relative to Resolution No. 2 expressing H.R. 832: Ms. WATERS. H.R. 4776: Mr. GEORGE MILLER of Cali- support to the men and women of the armed H.R. 935: Mrs. LOWEY, Mr. TOWNS, and Mr. fornia. forces of the United States of America; to FARR. H.R. 4792: Mr. EMANUEL. the Committee on Armed Services. H.R. 1155: Mrs. MCCARTHY of New York. H.R. 4849: Mr. RAMSTAD. 106. Also, a petition of the Junior Order H.R. 1225: Mr. OLVER. H.R. 4853: Mr. VAN HOLLEN. United American Mechanics, relative to Res- H.R. 1231: Ms. HERSETH. H.R. 4856: Mr. MCCOTTER. olution No. 10 expressing appreciation and H.R. 1477: Mr. LANTOS and Ms. LINDA T. H.R. 4863: Mr. MATSUI. honoring those killed and wounded in battle, SANCHEZ of California. H.R. 4895: Mr. LINDER. and expressing sympathy to the families of H.R. 1690: Mr. ANDREWS. H.R. 4896: Ms. JACKSON-LEE of Texas, Mr. those who have given their lives in service to H.R. 1742: Ms. SOLIS. ABERCROMBIE, Mr. ANDREWS, Mr. CARDOZA, the United States; to the Committee on H.R. 1746: Mr. VAN HOLLEN. Mr. EDWARDS, Mr. EMANUEL, Mrs. JONES of Armed Services. H.R. 2042: Mr. KENNEDY of Rhode Island and Ohio, Mr. LANTOS, Ms. MILLENDER-MCDON- 107. Also, a petition of the Junior Order Mr. SMITH of New Jersey. ALD, Mr. SERRANO, Mr. MENENDEZ, and Mr. United American Mechanics, relative to Res- H.R. 2173: Ms. BORDALLO. PALLONE. olution No. 7 expressing support of the Ad- H.R. 2239: Mr. RODRIGUEZ, Mr. MOLLOHAN, H.R. 4978: Mr. EMANUEL and Ms. BORDALLO. ministration’s war against terrorism; to the Mr. BERRY, Ms. MCCARTHY of Missouri, and H.R. 4979: Mr. MCNULTY. Committee on Armed Services. Ms. LORETTA SANCHEZ of California. H.R. 4985: Mrs. MALONEY. 108. Also, a petition of the Legislature of H.R. 2256: Mr. ANDREWS, Ms. CARSON of In- H.R. 4994: Ms. LINDA T. SANCHEZ of Cali- Rockland County, New York, relative to Res- diana, Mr. VAN HOLLEN, and Mr. ACEVEDO- fornia, Mr. UDALL of Colorado, and Mrs. olution No. 364 of 2004 petitioning the United VILA. CHRISTENSEN. States Senate and House of Representatives H.R. 2509: Mr. CAMP. H.R. 5022: Mr. GREEN of Texas. to adopt S. 1359, the International Remit- H.R. 2680: Mr. EHLERS, Mr. KNOLLENBERG, H.R. 5038: Mr. ENGLISH, Mr. BERMAN, and tances Services Enhancement and Protec- and Mr. HOEKSTRA. Mr. BISHOP of Georgia. tion Act of 2003, and S. 1344, the Money Wire H.R. 2681: Mr. ENGEL and Mr. GREEN of H.R. 5053: Mr. WALSH, Mr. CROWLEY, Mr. Act; to the Committee on Financial Serv- Texas. BISHOP of New York, Mrs. MALONEY, Mr. ices. H.R. 2705: Mr. LARSEN of Washington. ENGEL, Mr. ISRAEL, Mrs. LOWEY, Mr. ACKER- 109. Also, a petition of the Junior Order H.R. 2711: Mr. FRANK of Massachusetts. MAN, Mrs. KELLY, Mr. MEEKS of New York, United American Mechanics, relative to Res- H.R. 2743: Mr. HAYWORTH. Mr. SWEENEY, Mr. NADLER, Mr. HINCHEY, Mr. olution No. 4 petitioning the Congress of the H.R. 2823: Ms. HERSETH. WEINER, Mr. MCHUGH, Mr. TOWNS, Mr. BOEH- United States to provide funding to the H.R. 2852: Mr. CUMMINGS. LERT, Mr. OWENS, Mr. REYNOLDS, Ms. VELAZ- agencies responsible for the enforcement of H.R. 2954: Mr. MCNULTY. QUEZ, Mr. QUINN, Mr. FOSSELLA, Ms. SLAUGH- immigration policies and laws to attempt to H.R. 3178: Mr. HASTINGS of Florida. TER, Mr. RANGEL, Mr. HOUGHTON, and Mr. eliminate illegal entry into the United H.R. 3194: Mrs. CAPPS, Mr. MORAN of Vir- SERRANO. States and to deport illegal aliens already in ginia, Mr. WAXMAN, and Mr. WYNN. H.R. 5057: Mr. PORTMAN, Mr. TOM DAVIS of the United States; to the Committee on the H.R. 3403: Mr. LINCOLN DIAZ-BALART of Virginia, Ms. BORDALLO, Mr. ACEVEDO-VILA, Judiciary. Florida. Mr. TOWNS, Mr. BOYD, Mr. BELL, Ms. ROS- 110. Also, a petition of the Junior Order H.R. 3438: Mrs. TAUSCHER, Mr. CALVERT, LEHTINEN, Mr. MCDERMOTT, Mr. SANDERS, United American Mechanics, relative to Res- Mr. GREENWOOD, and Mr. PALLONE. Mr. SANDLIN, Mr. PALLONE, Mr. KILDEE, Ms. olution No. 4 protesting the ruling of the un- H.R. 3444: Mr. FATTAH. MCCARTHY of Missouri, Mr. MCGOVERN, Ms. constitutionality of the phrase ‘‘One Nation, H.R. 3473: Mr. NETHERCUTT. DELAURO, Mr. CHANDLER, Mr. SCHIFF, Mr. Under God,’’ as well as any similar ruling; to H.R. 3558: Ms. MCCOLLUM, Mr. BROWN of LANTOS, Mrs. MCCARTHY of New York, Mr. the Committee on the Judiciary. Ohio, Mr. DEFAZIO, and Mr. HOEFFEL. CARDOZA, and Mr. EDWARDS. 111. Also, a petition of the Junior Order H.R. 3622: Mr. GRIJALVA. H.R. 5061: Mr. MCNULTY, Mr. KING of Iowa, United American Mechanics, relative to Res- H.R. 3810: Mr. VAN HOLLEN. Mr. TOWNS, Mr. CUMMINGS, Ms. MCCARTHY of olution No. 3 petitioning the Congress of the H.R. 3859: Mr. FARR, Mr. WU, Mr. CLAY, Mr. Missouri, Mr. BACHUS, and Mr. WALSH. United States to provide funding to those MATHESON, Mr. MORAN of Virginia, Mrs. H.R. 5073: Ms. PELOSI, Mr. DOGGETT, Mr. agencies responsible for the enforcement of CAPPS, Mr. WYNN, Mr. CONYERS, Mr. HONDA, CONYERS, Mr. STARK, and Mr. BERMAN. immigration policies and laws to attempt to Mrs. JONES of Ohio, and Mr. KOLBE. H.R. 5076: Mrs. MCCARTHY of New York. eliminate illegal entry to the United States

VerDate Aug 04 2004 04:54 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00113 Fmt 4634 Sfmt 0634 E:\CR\FM\L22SE7.100 H22PT1 H7444 CONGRESSIONAL RECORD — HOUSE September 22, 2004 and to deport illegal aliens already in the 113. Also, a petition of the Junior Order 114. Also, a petition of the Florida State United States; to the Committee on the Ju- United American Mechanics, relative to Res- Council Columbiettes, relative to Resolution diciary. olution No. 6 expressing opposition to any No. 9 petitioning the Supreme Court of the 112. Also, a petition of the Junior Order procedure that would be implemented by any United States to rule in favor of retaining United American Mechanics, relative to Res- physician, nurse, lay person or any other in- the phrase ‘‘Under God,’’ in our nation’s olution No. 8 petitioning for the continued use of the phrase ‘‘Under God’’ in the Pledge dividual or device that would take the life of Pledge of Allegiance; to the Committee on of Allegiance; to the Committee on the Judi- an unborn child; to the Committee on the the Judiciary. ciary. Judiciary.

VerDate Aug 04 2004 04:54 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00114 Fmt 4634 Sfmt 0634 E:\CR\FM\L22SE7.002 H22PT1 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, SEPTEMBER 22, 2004 No. 115 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, We are also continuing to negotiate called to order by the Honorable JOHN PRESIDENT PRO TEMPORE, agreements on some of the remaining ENSIGN, a Senator from the State of Washington, DC, September 22, 2004. appropriation bills. I hope we can agree Nevada. To the Senate: to a consent to allow us to consider the Under the provisions of rule I, paragraph 3, spending bills with a reasonable time PRAYER of the Standing Rules of the Senate, I hereby appoint the Honorable JOHN ENSIGN, a Sen- limitation. If so, we will be able to fol- The Chaplain, Dr. Barry C. Black, of- ator from the State of Nevada, to perform low the Goss nomination with that. I fered the following prayer: the duties of the Chair. suspect that will be tomorrow morn- Let us pray. TED STEVENS, ing. Eternal Spirit, giver of every good President pro tempore. We have the expiring family-friendly and perfect gift, great are Your works. Mr. ENSIGN thereupon assumed the tax items and we want to consider that We sing of Your strength, for You are Chair as Acting President pro tempore. legislation as soon as it becomes avail- the ruler of the universe. Your right- f able. I understand that progress is eousness endures forever. Give us the being made. It will be important for us wisdom to ask You for Your guidance RECOGNITION OF THE MAJORITY to vote on that this week. In the event and to follow Your counsel. Subdue LEADER that is Friday morning, that will have freedom’s enemies and provide a shield The ACTING PRESIDENT pro tem- to be Friday morning, but I do want to for liberty. pore. The majority leader is recog- encourage the conferees, who I think Lord, thank You for America, with nized. are very close to reporting out that all of its freedoms and opportunities. f legislation, so that the House of Rep- May we always feel gratitude for this resentatives can consider it and we can SCHEDULE land. consider it. We will be voting on that Bless our Senators. Give them in- Mr. FRIST. Mr. President, following this week, either Friday or, if it is sights that will make justice roll down my remarks and the remarks of the available, Thursday night. Obviously, I like waters. Help them to make laws Democratic leader, we will proceed to a encourage the latter. that will maintain the rights of the af- period for morning business for 90 min- I remind my colleagues of the joint flicted and the destitute. Empower utes. The first 45 minutes will be under meeting tomorrow morning at 10 with them to rescue the perishing and to the control of the majority and the sec- Prime Minister Allawi of Iraq. He will care for the dying. Incline their hearts ond half under the control of the mi- be addressing both Houses on Thurs- to so labor that Your will may be done nority. Following that time, the Sen- day. Members should be in the Senate on Earth as it is in Heaven. ate will proceed to executive session Chamber no later than 9:30 in order to We pray in Your powerful Name. for the consideration of PORTER GOSS proceed to that joint meeting. Amen. to be Director of Central Intelligence. f The agreement we reached last night f PLEDGE OF ALLEGIANCE allows for up to 6 hours equally divided for debate on the Goss nomination. The NOMINATION OF PORTER GOSS TO The Honorable JOHN ENSIGN, a Sen- discussion the leaders were just having BE CIA DIRECTOR ator from the State of Nevada, led the was that we want to make as much Mr. FRIST. Mr. President, I will take Pledge of Allegiance as follows: time available to everyone who would a few minutes to comment on Rep- I pledge allegiance to the Flag of the like to speak, but in the event we do resentative PORTER GOSS’ nomination United States of America and to the Repub- lic for which it stands, one nation under God, not need all of that time, that would be to the post of Director of the CIA, as indivisible, with liberty and justice for all. yielded back and we would be able to well as to comment on the real proceed to a vote on that nomination. progress the Senate Governmental Af- f Again, we have up to 6 hours, but I ex- fairs Committee is making as we ad- APPOINTMENT OF ACTING pect time will be yielded back. dress the issues of the 9/11 rec- PRESIDENT PRO TEMPORE Today we do have a briefing for Sen- ommendations. The PRESIDING OFFICER. The ators regarding Iraq this afternoon With regard to the former, I con- clerk will please read a communication from 3 to 4. Before that briefing, we gratulate the Senate Intelligence Com- to the Senate from the President pro will be able to set the vote. I am sure mittee. One of the reasons I do not tempore (Mr. STEVENS). even later this morning we will be able think there will be as much debate on The legislative clerk read the fol- to announce the time we will be voting the floor today is that they very thor- lowing letter: later today. oughly addressed the nomination with

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

S9471

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.000 S22PT1 S9472 CONGRESSIONAL RECORD — SENATE September 22, 2004 very good debate in committee and re- and public servant—is totally com- major conclusions of the 9/11 Commis- ported him out of that committee with mitted to the safety and security of sion. an overwhelmingly positive vote. America. He is committed to making I do hope, once this bill is completed Mr. GOSS is a highly capable manager the CIA run effectively. He has both in the Governmental Affairs Com- and leader, with a strong background the inside and the outside perspective mittee, people take the time to look at and extensive experience in intel- we need. Clearly, Mr. GOSS is the man it very quickly and look at possible ligence matters. As we all know, he for the job. I urge my colleagues to amendments over the course of the end served in the Congress representing the give him their overwhelming support of this week so they will be prepared people of southwest Florida for the when we vote on this nomination for next week in terms of amendments past 15 years. He has a long history of today. He is an outstanding choice to they might put forward, so we, over the public service, which I am sure will be lead this agency. course of the deliberations, can im- outlined on the floor later. He served I do hope we do not have a shift in prove that bill appropriately where as mayor of Sanibel Island. In 1983, he conversation, which should be about people think it needs to be improved. was appointed to the Lee County Board his eminent qualifications, to dis- Just one final comment: Senator of Commissioners by then Governor tracting other issues. I do hope we DASCHLE and I established a bipartisan BOB GRAHAM. PORTER GOSS has a long focus on the man and the job for which task force to address the issues that career that has, of course, extended he is being nominated. look at how we need to reorganize in these last 15 years as a House Member INTELLIGENCE REFORM this body, so that our responsibility of where he held the chairmanship of the Let me also close in saying we made oversight can be appropriately carried House Permanent Select Committee on real progress on the intelligence re- out. That task force has met on a num- Intelligence. form front. I know there are a lot of ber of occasions, at the Member level As chairman, he led one of the key people who say slow down or don’t have and at the staff level. Senators MCCON- investigations into possible intel- knee-jerk reactions or don’t go too fast NELL and REID, the managers of this ef- ligence failures regarding 9/11. He was or it is a huge issue. I think the leader- fort who represent the leadership on thorough. He demonstrated a thought- ship is very sensitive to that. I wish to that task force, have been discussing ful and fair approach in these hearings reassure our colleagues and the Amer- this matter, as I understand it, daily. and investigations. His committee’s ican people and the other House—real- There are a number of issues on findings did add critical insights into ly everyone—that we are addressing which we can come to agreement rel- how we can and should move forward this as a huge issue, as big as any issue atively quickly. Others will have to be to strengthen our defenses against ter- we have had to address in recent times, resolved through floor debate and votes. That just remains to be deter- rorist attack. because it does focus on the safety and So far, his committee, including the security of the American people. mined, once we see what those rec- subcommittees, has held over 60—I There is a sense of urgency that this ommendations are. Either way these think it was 62—oversight hearings on body has a responsibility to reflect. If reforms will be implemented through various aspects of the intelligence there is a better system, if there is a Senate resolution or through modifica- tion of the Senate’s rules. My goal re- community. That number is more than better way to guarantee the safety and mains to get these reforms in motion the committee has held in any other security of Americans, and we know it—and we do know it—then it is our before the Senate adjourns next month. calendar year. I use that as an example I yield the floor. responsibility to act and to do it to show that Mr. GOSS takes his duty The PRESIDING OFFICER (Mr. thoughtfully and deliberately, and that to investigate and reform the intel- GRAHAM of South Carolina). The Demo- ligence community very seriously. is the process that the Democratic cratic leader is recognized. Despite this, he did come under some leader and I set up in which to address harsh criticism from the other side. It the two important issues. f has been charged that he has been too Senator SUSAN COLLINS and Senator INTELLIGENCE DELIBERATIONS partisan in his career as a Congress- JOE LIEBERMAN, who are managing the Mr. DASCHLE. Mr. President, I wish man to take over this very important initial legislation through the Govern- to associate myself with the remarks post. I do believe, however, that if one mental Affairs Committee, have very made by the majority leader with re- looks at his record of service to this carefully, and are very carefully, con- gard to the progress we have made on country, that that criticism falls by sidering all the information. They have both fronts, both the reorganization of the wayside. been doing so for a long period of time, the executive branch as well as the re- PORTER GOSS has specific experience most acutely since the day the 9/11 organization of the legislative branch working for the Agency he is now nom- Commission report and recommenda- with regard to the 9/11 recommenda- inated to run. During the Cold War, tions came out. They made great tions. I think both efforts have been Mr. GOSS was a clandestine services progress in marking up this legislation laudable, they have been bipartisan, case officer. He served as director of yesterday and will continue on that and they have been cooperative. operations. In his own words, the CIA’s over the course of the day. That is ex- I don’t think that being deliberate mission ‘‘is to obtain the plans and in- actly the task Senator DASCHLE and I and being expeditious is a mutually ex- tentions of our enemies, adversaries set out for them in late July, to have clusive proposition. We have to be de- and their associates before they could the vehicle through which all the ideas, liberate but I don’t see any reason why attack the United States.’’ thoughts, and deliberations can be col- we can’t also be expeditious. Mr. GOSS articulated so clearly and lected, understanding there are lots of Three very important commissions succinctly how this has occurred and very good ideas out there. But it is an have analyzed and advised over the will occur, and states very clearly in- important vehicle, an important bill, course of the last 3 years. It is not as deed this mission has not changed and and one we will be addressing on the if this came up within the last couple will not change. floor of the Senate next week. of weeks. It has been under consider- Mr. GOSS understands the criticism The committee’s baseline legislation ation and very thoughtfully and care- now being leveled at him. As he told does create a national intelligence di- fully considered. I found it somewhat the Senate Intelligence Committee, he rector. It does establish a national remarkable that all three commissions is sensitive to it; he understands the counterterrorism center, which has the had many of the same recommenda- grave responsibility of leading the CIA responsibilities which have been well tions to the Congress. and effecting the necessary reforms to defined in the legislation. It does im- So this is in keeping with those ex- strengthen our Nation’s security. As he plement a whole range of initiatives to perts who have very thoughtfully and himself explains, being the Director of improve the quality and effectiveness carefully deliberated about this mat- the CIA is a capabilities job, not a pol- of the intelligence community. It does ter. We are simply continuing in that icy job. track closely with the plans and deci- deliberative fashion, first in the com- There is no doubt that PORTER sions put forward by many bodies, in- mittee and then on the task force. I am GOSS—former CIA agent, former U.S. cluding proposals put forth by the hopeful we can continue to be both de- Army intelligence agent, Congressman, White House, which has embraced the liberate as well as expeditious as we

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.003 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9473 consider our responsibilities before the just to see Monte. The total cost will A recent, routine mammogram cost end of this session of Congress. be much, much higher. Monte’s parents $2,700, of which she was asked to pay ORDER OF PROCEDURE are trying to help and are reaching $850. She said: During the Democratic period this into their retirement savings to do so. I guess I should feel lucky I have insur- morning, I ask unanimous consent that But Monte’s health care costs will surance, but $848 is a full paycheck [for me]. So, Senator KENNEDY be given 10 minutes; pass $10,000 this year alone, and with- do you pay that medical bill or the house Senator MURRAY, 5 minutes; Senator out good insurance, eventually the payment? I surely can’t pay it all at once. CONRAD, 25 minutes; and Senator REID, medical bills will eat up all they have Even with 100,000 Americans losing 5 minutes. worked for. their health insurance every month The PRESIDING OFFICER. Without Millions of American families are in since January of 2001, the White House objection, it is so ordered. the same position as the Imm family, has not provided any real options, no Mr. DASCHLE. I ask, as is always the and the implications of this crisis are leadership in stopping the growth of case, the leader time not be taken from rippling outward throughout our coun- this crisis. the Democratic time. try. Some of the most promising possi- The PRESIDING OFFICER. Without There is new evidence that as the bilities for bringing down the cost of objection, it is so ordered. cost of health care goes up, it is eating health care, such as drug reimporta- f away at America’s economy, holding tion, the administration has opposed. back job creation, and stifling growth. Yet this crisis will not solve itself. Un- THE SKYROCKETING COST OF A recent article in the New York Times less we act, health care premiums will HEALTH CARE showed that the cost of health insur- continue to rise, driving more people Mr. DASCHLE. Mr. President, re- ance is preventing businesses, large into the ranks of the uninsured, and cently, a new study confirmed a trend and small, from hiring new workers, holding back more businesses from that most American families and busi- even if the workload demands it. earning profits and creating jobs. nesses have known and felt for the past One small business owner said: We have to do better. This is a na- 3 years. Health care costs are rising at Before, we hired based on workload. Now tional problem, and fixing it demands unsustainable rates, straining family it’s a question of affordability. national leadership. Medical research budgets, weakening our economy, ham- Economists are finding that high is producing miracles quite often. Yet pering job growth and forcing millions health care costs are a major reason we are not solving a problem that is more Americans every year to go with- our economy has been unable to create dragging tens of millions of Americans out insurance. jobs. Not long ago, when I asked a busi- into poverty and poor health. This is According to the annual survey by nessman why he outsources his jobs not a question of ability or capacity; it the Kaiser Family Foundation, health overseas, he said the reason was health is a question of will and leadership. It premiums increased 11.2 percent last care. He did not have to pay it in India. is time we seek out new ideas to help year, more than five times the rate of He did not have to pay it in countries bring down the cost of health care. wages. This is the fourth consecutive abroad. He pays it here at home. One promising new initiative would year of double-digit increases. Since Small businesses, which employ 50 create a reinsurance system to help 2000, health care premiums have in- percent of the Nation’s workforce, face blunt the cost of catastrophic medical creased by 59 percent and 5 million the greatest pressure of all. Because illness. Some researchers have sug- fewer Americans have access to em- they are not big enough to bargain gested that such a program could save ployer health care coverage. with insurers for better rates, and they South Dakota employers tens of mil- Last month the Census Bureau also cannot spread risk among larger pools lions of dollars each year and billions reported that in 2003 alone, the number of employees, small businesses too nationwide. of uninsured Americans jumped by 1.4 often are forced to pay for the nation- We need to debate these issues in million. Seniors are among the hardest wide increase in health care costs. Washington, but, regrettably, we have hit. In addition to facing record in- In the past year, in the midst of the not had the opportunity to do so. In creases in the price of prescription toughest business environment in a the past 2 years, we have spent 30 days drugs, Medicare recipients recently generation, the total cost for insuring discussing ways to limit access to the learned they will be forced to pay a 17.5 employees of small businesses alone courtroom, but not 1 day to debate real percent increase in premiums, the rose 18 percent. Those small businesses ways to bring down the cost of health steepest increase in Medicare’s history. that try to do the right thing and offer care for all Americans. The true costs of this crisis can’t be their employees health benefits are It is time for real action. We have an depicted by statistics. There is no way finding it more difficult to do so with obligation to focus on the troubles of to measure the stress caused by exorbi- each passing year. our economy and the Americans who tant health care bills. There is no way I was recently contacted by Skip are struggling to work and raise fami- to measure the cost of the fear of fami- VanDerhule, who runs VanDerhule lies. Our citizens are asking for leader- lies who worry that they are one lay- Moving and Storage, in Yankton. Even ship, and we have an obligation to an- off, one bad crop, one accident, or one after raising employee premiums and swer that call. illness away from being totally vulner- copays, Skip’s monthly premiums have I yield the floor. able, and they fell helpless to protect risen 252 percent in 6 years. Skip has themselves. tried to look for better coverage, but f Not long ago, I heard from the Imm recently an employee needed a kidney family of Turton, SD. A few months transplant, and he requires $30,000 per RESERVATION OF LEADER TIME back, their 24-year-old son, Monte, year in medicine alone just to keep his The PRESIDING OFFICER. Under came down with a case of Crohn’s dis- body from rejecting the new kidney. the previous order, the leadership time ease. ‘‘As soon as the insurer sees that,’’ is reserved. As his disease grew worse, he Skip said, ‘‘they don’t want us. And couldn’t work and he had to quit his they’ll quote us a price to make sure f job. After his insurance lapsed, he tried that we don’t want them.’’ So Skip is to buy coverage for himself, but with stuck with the prospect of higher MORNING BUSINESS his condition, no insurer would offer health care costs with absolutely no The PRESIDING OFFICER. Under him a policy. end in sight. the previous order, there will be a pe- Monte’s monthly prescription bill is In most businesses, the costs are riod for the transaction of morning $500, and that is on top of the tests and passed along to their employees. Jana business for up to 90 minutes. The first emergency room visits that have be- Schroeder, a medical professional from 45 minutes is under the control of the come all too routine. Sioux Falls, wrote me to say that even majority leader or his designee and the Doctors in Sioux Falls have rec- with good, dependable health insur- next 45 minutes is under the control of ommended a trip to the Mayo Clinic, ance, her family pays $10,000 a year in the Democratic leader or his designee. but the clinic requires a $1,500 deposit health care costs. The Senator from Nevada.

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.005 S22PT1 S9474 CONGRESSIONAL RECORD — SENATE September 22, 2004 THE UNITED NATIONS is this so disturbing? Because Ms. Di I have no problem with this plan, be- Mr. ENSIGN. Mr. President, I rise to Lellio has compared President Bush cause it is the short term and long discuss the failure of the United Na- and key U.S. ally, Prime Minister term plan now in place by the Bush ad- tions. The U.N. is failing to promote Silvio Berlusconi, to Osama bin Laden. ministration. Our President has con- liberty, democracy, and human rights This shows, again, how the United Na- sistently and assiduously worked with for all citizens. tions is failing in the essential tasks our allies to get more help in Iraq. The world has changed a great deal for which it is responsible. Sure, we would like to get more since the United Nations was formed There is a difference between right countries on board with us, but this is some 59 years ago. The dangers of Na- and wrong. And words do have con- tough business and it takes bold, vi- zism and communism have been re- sequences. sionary leadership—like we see in placed by an ever-evolving, ever-in- I also want to read a quote the Demo- Great Britain, Italy, Poland, Denmark, creasing threat of terrorism. cratic nominee made yesterday. It is in the Netherlands, Australia, and dozens The United Nations is not up to the the Washington Post today. It says: of our closest allies. To imply, as some challenges of this new century. The Kerry did not directly answer a question of my colleagues have, that the United U.N. now has sponsors of terrorism and about whether he agrees with U.N. Secretary States is not getting help from our repression overseeing the protection of General Kofi Annan, who called the Iraq war international friends is simply untrue. human rights around the world. The illegal. ‘‘I don’t know what the law or legal- As terrorism spreads to other coun- ities are,’’ Kerry said. countries of Sudan, China, and Cuba tries, as it did recently in Russia, we currently serve as members of the The U.N. Secretary General says the should expect—and provide—even more United Nations Commission on Human Iraq war is illegal because the United help. Rights. States didn’t have United Nations’ Se- And let me point out the obvious Yesterday, the United Nations Sec- curity Council approval. about some allies, like France, who retary General, Kofi Annan, lectured And JOHN KERRY can’t give a clear have not been supportive of our poli- the world body that the rule of law in answer that the United Nations Sec- cies in Iraq. Their foreign policy deci- Iraq is being disrupted as much by the retary General is wrong? This is a persions are based on internal political United States as by the terrorists who son running for the President of the considerations and not on the person- ravage the country through bombings United States. ality of the President of the United and beheadings. Increasingly, the United Nations does States. For some of my colleagues to Any person or group who cannot deci- not advocate the interests of those pur- imply that some countries will change pher the moral difference in this strug- suing peace, freedom, and democracy their policies toward Iraq if we change gle against terror and repression can- in the world. If the United Nations our President is ludicrous and mis- not and should not be trusted to lead. spent more time working for liberty leading. The French will change their In a BBC interview last week, the Sec- and less time coddling dictators, the foreign policy when they change their retary General stated that the libera- world would be a better place. President, not when we change ours. I tion of Iraq by the United States and I yield the floor. have a great deal of trust and con- its coalition partners was illegal and a The PRESIDING OFFICER. The Sen- fidence in the common sense of the violation of the U.N. Charter. This dec- ator from Georgia is recognized. American people and I am sure they laration comes on the heels of his ear- f will understand exactly what I am saying. lier statement that ‘‘there should have IRAQ been a second resolution’’ authorizing The junior Senator from Massachu- the invasion. Mr. CHAMBLISS. Mr. President, I setts has also called for better training Today, Mr. Annan seems to be saying rise today to help frame the issue in for Iraqi security forces. I am glad that that the only way force can be used le- Iraq. The American people deserve he also agrees with President Bush on gitimately in the modern world is to straight forward answers on issues of this point. Training Iraqi security first obtain the unanimous permission war and national security; especially forces is a high priority of this admin- of the U.N. Security Council. when their lives are directly threat- istration. I am pleased President Bush does not ened and our military forces are en- Let us look at the facts. The Iraqi adhere to this line of thinking. And I gaged around the world in the war on Army has more than 62,000 members. am proud every time I hear him say terrorism. And it is not just our mili- Of these, almost 46,000 have been that he will never wait for permission tary forces that are at risk; our dip- trained and another 16,000 are cur- to defend the United States. lomats, intelligence professionals, and rently in training. All 27 battalions of The Secretary General’s latest pos- ordinary civilians working in war zones the Iraqi Army will be operational by turing is far from harmless. The U.N. all face enormous danger from a very January 2005. has been given the lead role in orga- treacherous and barbaric enemy. Speaking at New York University re- nizing the elections in Iraq in January. The recent, brutally grotesque be- cently, the Democratic Presidential But Mr. Annan’s comments that we headings of innocent Americans Eu- candidate said, ‘‘Of the 35,000 police have acted illegally in Iraq, comments gene Armstrong on Monday and Jack now in uniform, not one, not one, has which have been replayed across the Hensley yesterday are just two of completed a 24-week field training pro- Arab world, have given an added feel- many examples of the kind of evil that gram.’’ Just yesterday, however, The ing of legitimacy to every jihadist hop- we face and why it must be eradicated. Washington Post reported that the ing to disrupt the vote. Ambiguity is something we probably head of strategic plans and policy for I believe the U.N. has lost its way. It should expect in a heated political the Joint Chiefs of Staff, Lt. Gen. Wal- has ceased to be able to judge the dif- campaign, but anything less than total ter Sharp, said that Kerry’s accusation ference between right and wrong. The candor on national security issues is was just not accurate. According to Secretary General’s speech to the Gen- not acceptable. Gen. Sharp, who is in a position to eral Assembly yesterday illustrated his The junior senator form Massachu- know, basic training for new Iraqi po- belief that there is a moral equivalence setts has accused President Bush of lice officers is eight weeks, followed by between the terrorists and those who ‘‘colossal failures of judgment’’ on his 26 weeks of ‘‘on-the-job’’ field training. are fighting them. That is disturbing, plan for Iraq. He then went on to lay The Post article went on to say that and that is wrong. out his own four-point plan for han- Gen. Casey, the top U.S. commander in However, the Secretary General is dling the conflict in Iraq. His four Iraq, estimates that Iraqi security not alone in expressing it. It is ex- points were, No. 1, to get more help forces will be in ‘local control’ of the tremely disturbing that a former from other nations; No. 2, provide bet- majority of Iraq by the end of Decem- United Nations official, Anna Di Lellio, ter training for Iraqi security forces; ber, which is just 3 months away. Gen. has been named as the Director of No. 3, provide benefits to the Iraqi peo- Casey defined ‘local control’ as a com- Communications for the Volcker panel, ple; and No. 4, ensure democratic elec- bination of having Iraqi security forces a supposedly independent panel inves- tions can be held next year as prom- in place, plus an assessment of the abil- tigating the Oil For Food scandal. Why ised. ity of local political leaders to govern

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.008 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9475 and to manage economic reconstruc- fight for the very ideas at the foundation of But that was last month. A week ago, tion efforts. our society, the way of life those ideas en- on the ‘‘Imus in the Morning’’ show, Others have criticized the President able, and the freedoms we enjoy. Senator KERRY was asked: for not getting NATO involved in Iraq. Thank you Mr. President. Do you think there are any circumstances Too bad they didn’t read yesterday’s The PRESIDING OFFICER. The Sen- we should have gone to war in Iraq? London Financial Times. If they had, ator from Kentucky. That is a pretty simple question. Mr. MCCONNELL. Mr. President, it is they would have read that, ‘‘NATO is Here was Senator KERRY’s response: said that politics is the art of the pos- close to a deal to establish a military Not under the current circumstances, no. training academy in Iraq. The acad- sible. And while certain things are sim- There are none that I see. ply not possible, it is our duty to try emy, which would have a staff of about This was last week. A month ago, he all the same. 300, is intended to give substance to a was in support of the war, but last decision by a NATO summit in June to So today, I will try to explain the unexplainable. The distinguished jun- week he was back in opposition to the provide training to the war-torn coun- war. He says: try as it seeks to build up its institu- ior Senator from Massachusetts has made so many statements on this I voted based on weapons of mass destruc- tions.’’ I hasten to add, that this NATO tion. The President distorted that, and I’ve initiative was put forward by our country’s involvement in Iraq that he said that. I mean, look, I can’t be clearer. President. So getting NATO involved is has taken every conceivable position But I think it was the right vote based on another area where the Democratic possible, and many that are simply not what Saddam Hussein had done, and I think Presidential candidate agrees with the possible. The result is a record of ‘‘diz- it was the right thing to do to hold him ac- administration’s policy in Iraq. Let me zying contradictions,’’ as Charles countable. I’ve said a hundred times, there Krauthammer recently wrote, so con- was a right way to do it and a wrong way to also add that 15 of 26 NATO member do it. The President chose the wrong way. states are sharing the military burden fusing that the more he speaks, the less we understand. Can’t be more direct than that. on the ground with us in Iraq. Let’s try this one more time. Senator Charles Colton’s famous quotation, Mr. President, JOHN KERRY has spoken on so many aspects of the libera- KERRY, on the ‘‘Imus’’ show last week, ‘‘Imitation is the sincerest of flattery,’’ said, in answer to the question: certainly applies to my colleague, Mr. tion of Iraq. He has been on both sides of just about every coin in this entire Do you think there are any circumstances KERRY. His four-point plan is not new we should have gone to war in Iraq? and it certainly is not original. A care- debate. I want to address just four dif- He said: ful review of President Bush’s policies ferent positions he has taken. What is more disturbing is that he in Iraq clearly shows that the adminis- Not under the current circumstances, no. has taken these four positions on the There are none that I see. I voted based on tration has been implementing all the most basic question of the liberation of weapons of mass destruction. The President points addressed by Senator KERRY that country. The question is not near- distorted that, and I’ve said that. I mean, well before he even articulated them. ly as difficult as the multiple answers look, I can’t be clearer. But I think it was We need to judge the President’s pol- the right vote based on what Saddam Hus- we continue to get. icy in Iraq, not by the rhetoric of his sein had done, and I think it was the right The question is: Would you have used detractors, but by those who know the thing to do to hold him accountable. I’ve force to remove Saddam Hussein? said a hundred times, there was a right way facts. Tomorrow, the Congress will wel- Back in 2002, the answer was clear come, in Joint-Session, the interim to do it and a wrong way to do it. The Presi- enough. Citing Saddam Hussein’s use of dent chose the wrong way. Can’t be more di- Prime Minister of Iraq, Dr. Allawi. Let weapons of mass destruction, his ter- rect than that. us hear from him how things are going rorist-like actions, and the fact that he When KERRY finished his interview in Iraq. Let us listen to him to find out was part of a global scourge of ter- with Imus, here is what Imus had to what the Iraqi people think of our poli- rorism, Senator KERRY said he com- say about it. Don Imus said: cies and programs for restoring secu- pletely agreed with the President to ef- rity and getting the Iraqi economy I asked him a number of questions about fect regime change in Iraq, unilaterally Iraq and I can’t tell you what he said. going. if necessary. So he voted for the Iraq Let me close by quoting from Presi- That was Don Imus’ summary of war resolution in October of 2002. Sup- JOHN KERRY’s position on Iraq on his dent Bush’s speech, which he gave at port in October of 2002. the UN yesterday. I believe it clearly program last week. Nine months later, Senator KERRY shows why we are in Iraq, something Well, Mr. Imus, you are not alone. started to use another answer. He now The top ranking Democrat on the For- that others do not seem to grasp. The claimed that the war resolution he sup- President said: eign Relations Committee, Senator ported in October 2002 did not empower BIDEN, recently stated: Our security is not merely found in spheres the President to engage in regime of influence, or some balance of power. The I don’t think John should go back and try change. to explain accurate statements that are security of our world is found in the advanc- By January of 2004, around the time ing rights of mankind. These rights are ad- unexplainable. vancing across the world—and across the of the Iowa caucuses, Senator KERRY That is our colleague in the Senate, world, the enemies of human rights are re- had a new position. He was now the an enthusiastic supporter of Senator sponding with violence. Terrorists and their ‘‘antiwar candidate.’’ In January of KERRY. He said why try to explain the allies believe the Universal Declaration of 2004, he was now the antiwar candidate, unexplainable, referring to Senator Human Rights and the American Bill of campaigning in the Iowa caucuses, hav- KERRY’s various positions on Iraq. Rights, and every charter of liberty ever ing been, in October 2002, entirely sup- We could all use clarity from JOHN written, are lies, to be burned and destroyed portive of the war. and forgotten. KERRY with regard to Iraq’s liberation, He then went on to lock up the but none more than Prime Minister He went on to say: Democratic nomination for President. Ayad Allawi, who will be here among We are determined to destroy terror net- So we are into the general election sea- us addressing Congress tomorrow works wherever they operate, and the United son, Mr. President. When challenged by States is grateful to every nation that is morning. Dealing with the terrorists the President to answer whether he and Baathist insurgents, he needs, helping to seize terrorist assets, track down would have gone into Iraq and removed their operatives, and disrupt their plans. more than anyone, to know that the Saddam Hussein based on what we now U.S. position of supporting the liberty The Acting Secretary of the Army, know, KERRY stood on the edge of the Les Brownlee, has eloquently framed of Iraq is clear, unequivocal, and stead- Grand Canyon—a dramatic pose facing fast. He would not get that from read- why Iraq is important in the war on the Grand Canyon—and said on August terrorism when he said: ing JOHN KERRY’s numerous positions. 11: Mr. President, a Senator’s position This is not simply a fight against terror— Yes, I would have voted for that authority. on Iraq should not be all that hard to terror is a tactic. This is not simply a fight against al Qaeda, its affiliates and adher- In August of 2004, in the general elec- explain because it is not a complicated ents—they are foot soldiers. This is not sim- tion, he seems to be back where he was question. It is, however, a tough ques- ply a fight to bring democracy to the Middle in October of 2002. He has gone from tion, representative of the sort of East—that is a strategic objective. This is a support to oppose and back to support. tough issue any Commander in Chief

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.011 S22PT1 S9476 CONGRESSIONAL RECORD — SENATE September 22, 2004 frequently gets. In trying to answer shut down from landslides and pave- ly. The autumn season makes western and re-answer the most important ments giving way. Well over 200,000 North Carolina one of the most beau- issue of this election, central to the residents were left without power over tiful places on earth—and the good struggle for freedom today and tomor- the weekend. Needless to say, it will folks from the mountains are well suit- row, we have a Presidential candidate take time before western North Caro- ed to give some southern hospitality to who constantly changes his mind. This lina can return to a sense of normalcy. visitors from around the country. It is is not some little issue; this is the big- I have been down to the devastated important that we get the word out gest issue confronting the country areas twice over the past two weeks. that this magnificent part of the coun- today. We are 6 weeks from the elec- While my heart broke at the sight of try is open for business during its tion, and this is a man who flip-flops destroyed homes and washed out road- prime tourism season. My thoughts like a fish on the deck of a boat, back ways, my hopes were buoyed by the and my prayers are with every person and forth, back and forth, who doesn’t goodness of neighbor helping neighbor. touched by these hurricanes, not only know where he stands on the most im- It was an image played out all over the North Carolina but throughout the portant issue we are confronting in our towns I visited. Local officials and first southeast and east coast. May God era. responders, some from as far as Raleigh bless each and every one of them. For example, when asked if he would and Charlotte, have done—and con- Mr. President, I yield the floor. have gone into Iraq to remove Saddam tinue to do—a phenomenal job in the The PRESIDING OFFICER. The Sen- Hussein, KERRY recently answered: midst of challenging circumstances. ator from Wyoming. You bet, we might have. I think of the heroic efforts of fami- f lies like Aileen and Glenn Holland. Let me read that one more time. They are not strangers to offering aide INTELLIGENCE REFORM AND THE When asked if he would have gone into after a natural disaster. Long time vol- WAR ON TERRORISM Iraq to remove Saddam Hussein, KERRY unteers through the North Carolina Mr. THOMAS. Mr. President, I be- recently said: Baptists Men Disaster Relief, they lieve it is appropriate, as we move to- You bet, we might have. have traveled all over the United ward the end of our session, to take a Not exactly Winston Churchill. Per- States. But last weekend, they didn’t look at those issues that are before us haps there is some nuance here, such as have to travel anywhere. The destruc- that are most important. Certainly, we an exclamation point or a question tion came right to their front door. Fif- have had a difficult 4 years. Unusual mark, that tells whether this is a dec- teen homes were annihilated in Macon and difficult events have happened laration or a question, but the answer County, but the Holland’s was left which have been very hard to deal to the most critical issue in this elec- standing. When they heard the screams with, and they have made this a chal- tion should not leave the world won- of neighbors, Aileen and Glenn began lenging and difficult time for all of us. dering and more confused than before. taking people in. They even found a We had an economic downturn start- Mr. President, I yield the floor. toddler covered in mud crying from ing before the beginning of this 4 years. The PRESIDING OFFICER. The Sen- fear. The Hollands remained in their So we have taken steps to develop and ator from North Carolina is recognized. home, providing shelter for friends and strengthen the economy, which is still f family until fellow volunteers from the a job before us. However, we are making good progress, I believe, with re- HURRICANE DEVASTATION Baptist Men Disaster Relief arrived on the scene. spect to that issue. Mrs. DOLE. Mr. President, so many I also applaud the efforts of local We had September 11, which is a States have been devastated this hurri- churches, nonprofits, and groups such tragedy we will all always remember. cane season. My own home State of as the Red Cross for the helping hands And then, as a part of and following North Carolina has been ravaged by the they’re extending all over western that tragedy, we have had the war on effects of not one, but four hurricanes North Carolina. I had the chance to terrorism. in the last few weeks. stop in and thank the volunteers at the Certainly one has to understand that Most recently, western North Caro- Red Cross Shelter in Henderson Coun- we have had a tough time. I think we lina suffered extensive damage caused ty. I was touched to see the families have done rather well moving through by the torrential wind and rain of Hur- finding refuge and reassurance there. this kind of a background and dealing ricane Ivan. Initial estimates from the These are the memories I will keep with this situation that is very un- storm’s destruction in Buncombe Coun- with me as I think back on the far- usual. ty alone are already topping $100 mil- reaching effects from this hurricane We continue to face tough decisions lion. Sadly, this same county had al- season. Yes, there is destruction. Yes, and the followup on those decisions. We ready projected that exact amount in there is great pain. But I find encour- have made an excellent start in the damages following Hurricane Frances. agement in the selfless hearts of North economy. We have made an excellent Counties in western North Carolina Carolinians who are going to great start in the war on terrorism and, in- had barely begun to recover from the lengths to help those struggling deed, are moving forward in that re- flooding of Frances before Ivan roared through the wreckage left behind. gard. We are faced with responsibilities through town late last week. The death It is my desire that we, too, can add and issues that have an impact on the toll from the storm, so far, is 10 people. to that goodwill and deliver the finan- movement we are seeking. It is up to In the town of Henderson, a man and cial aide these areas need to get back us to deal with those issues. his wife were sleeping soundly when a on their feet. Fifteen Western North In the short term, we are dealing huge tree crashed through their house Carolina counties have been declared with the budget, appropriations—those into their bedroom. The husband was federal disaster areas, including Bun- items having to do with spending. One pinned beneath the fallen tree, which combe, Haywood, Henderson and of the impacts of what has happened is ultimately took his life as the home Macon. This designation means that a spending deficit. All of us, I think, had to be stabilized before the tree homeowners and businesses are eligible would agree that under the cir- could be removed. In the Peeks Creek for assistance in the form of loans or cumstances, it was a reasonable and community in southern Macon County, grants from the Federal Emergency necessary thing to do. Most of us un- a landslide sent homes crashing Management Agency, FEMA or the derstand it is time we begin to do away against each other, killing at least four Small Business Administration. There with that deficit and get back to a bal- people, including an unborn child is a $60 million request for North Caro- anced budget, about which I certainly whose mother was forced to have a leg lina included in the President’s emer- feel strongly. amputated and remains in critical con- gency budget. We’re obviously going to We are going to be faced as well with dition. need much more. I would encourage the reorganization of our intelligence- Houses have literally been washed Congress to expedite this aid to those gathering situation. Today, we will be away, and some left standing have been who need it most. faced with a new Director of the CIA, split in two by fallen trees. Main roads I can only hope the end of this dev- which is a place to begin. Obviously, and neighborhood streets have been astating hurricane season comes quick- there need to be some changes there.

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.013 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9477 Along with that, during the next sev- than they have been in the past. of government, the kind of country eral weeks, we will be involved in the Whether they put them all into one is where they can enjoy freedom and the reorganization of the entire intel- one of the questions before us, but prosperity of freedom. So if we can con- ligence operation which, again, is very whether we do or not there has to be tinue to provide an opportunity for important. Of course, the most impor- coordination and conversation and in- these folks to take care of themselves, tant aspect of our future is winning the formation exchange among them. form their own government, which is war on terror and support for what we There has to be sharing. We have to de- our plan, of course, that is our goal. are doing in Iraq and Afghanistan. fine the goals we are seeking so we un- Now, it is difficult and I understand We will take up the reform of our in- derstand what it is we are putting forth politically advantageous to complain telligence services. All of us recognize and that each of these various units about the speed at which or the slow- the hard work the Commission has within our intelligence agencies know ness at which it is taking place. The done in putting together a plan, 41 sug- what their responsibilities are and fact is it is going to be slow. It is going gestions and recommendations. We will their goals are and we can put them to- to be difficult. It is a difficult thing to look at those recommendations. They gether to equal what our totals are. We accomplish. We hear complaints about have done it under tough cir- need, obviously, to invest more in the not having a plan. We do have a plan. cumstances. We need to do our best to technical intelligence capabilities. Is everything perfect? Of course not. put into place the best program we can. Those things change constantly. But there is a plan. We know what we This is not a political issue. This is an So more importantly, I suppose most are doing. I was out to the training fa- issue we ought to take a look at and importantly, we need to ensure the co- cility for the Iraqi police and army, say: How do we best avoid the kinds of ordinated use of these resources and and they are making an effort. It is problems we had in the past in col- the personnel and improve communica- slower than we thought, of course, but lecting and putting to good use infor- tions. It sounds like an easy thing, but that is the case. We are going to have the fanatics and mation and intelligence? apparently it is not. In the end, this the insurgents and they are going to be I do not think we should rush to com- type of reform and reform of our intel- fighting us and the Iraqis and they will plete this job. Obviously, it is some- ligence gathering process is necessary. be acting out of desperation, and that thing we need to do, and there is inter- I look forward to the debate we will is difficult. This is not the kind of war est in getting it done as quickly as pos- have soon and I suppose some starting where somebody puts up a white flag sible. I hope our target is to do it in today, as a matter of fact, with the rec- and suddenly it is all over. This is not the best way we know how as opposed ommendation before us for Director of that kind of arrangement. This is much to the fastest way we know how. Per- the CIA. different. People will do it. This will, of haps we need to do both. Again, I hope that we can aim toward course, eventually deny the terrorists We all agree there are weaknesses. fixing the problems, aim toward mov- and extremists the havens they need. Our Government institutions have not ing to solutions rather than again find- So it is a very important issue. It is a adapted to the growing threat of tering ourselves in the 40-some days from victory that will be long and difficult. rorism over more than a decade. We elections where nearly everything is I believe we have to acknowledge that. need to understand again, in terms of talked about having to do with the Again I understand the politics of war, that the situation has changed so elections. saying it is too long, we need to get much. Not long ago, we fought a war Of course, overall, the most impor- out, and we do and everyone agrees with 17 divisions, landing boats on tant challenge we have before us now is with that. But there is a sequence in shores. That is not the case anymore. to win the war on terrorism in places completing our task. There is the first That is not the case at all. That is not such as Iraq and Afghanistan. sequence. It will take a long time and the challenge. The challenge is not The problems and the failures in pre- there will be casualties and it will be often knowing who the enemy is or war intelligence gathering are trou- difficult. But there are happy things to where the enemy is. We have a totally bling, and I am pleased we are doing talk about. There are more than 400,000 different circumstance surrounding the something about it so our leaders will security forces conducting stability op- need for intelligence. have the best accurate information on erations there. The Government is in We have to deal with the fact that which to make decisions. close consultation, training com- terrorists are there to exploit the And we acknowledge errors in the manders; 99,000 Iraqis have been weaknesses in our defenses and in our past. However, the coming debate trained in various security forces. knowledge of what needs to be done. should not draw from the central fact There is a lot going on there. Have we Fortunately, this election year has fo- that operations in Iraq are and always accomplished what we want yet? Of cused some on that point. We have seen have been a critical part of the war on course not. Or else we would be saying fingerpointing attempts to lay blame terrorism. The war being fought in Af- that we have accomplished everything. partly to political advantage, but that ghanistan and Iraq is one that is de- But it is so important that we focus is not what it is about. signed fundamentally to change the en- not only on that but on those things As we move forward with the debate vironment that has given rise and that now are important to us. in the Senate, I am hopeful we will power to Islamic extremism. We are focused on our budget. We are never forget that the blame for the at- The introduction of a stable democ- focused on holding down spending in tacks on 9/11 rests solely on the al- racy in that oppressed region of the the nonessential areas so we can make Qaida terrorists and Osama bin Laden world will create an environment in up this deficit. We need to focus on cre- and the people involved in the Middle which freedom and liberty and peace ating jobs so that we can continue to East for a long time working at these have the potential to grow and to get strength in the economy. We need kinds of things. We need to understand thrive. I am persuaded that is really to focus on having the kind of intel- also that the threat is not over, and we the goal of most of Iraqis. When I vis- ligence that can avoid these things need to continue to deal with it. ited there some months ago, I was very happening in the future. We need to So our focus is trying to figure out much impressed with the feeling of focus on completing the task we have ways to improve the situation and cor- most people. You would go out to undertaken. rect the problem so the events of Sep- schools, to powerplants, into the So we will have an opportunity in the tember 11 will not happen again. streets of Baghdad, and generally there next couple of weeks to do some things, So this obviously involves increasing were all kinds of cars and activity, kids and then certainly we will come back both the quality and quantity of standing on the street waving as we later. I guess my only hope is that we human intelligence, and we need to went by in military cars. can continue to see the tasks clearly take a look at our overall situation, in- I understand how difficult it is with before us, seek to complete the task telligence as well as military, because the relatively small group of protesters successfully as opposed to trying to things, indeed, have to change. We need and persons who do not care about the make a political issue out of wherever to have coordination certainly among future and are willing to blow you up the controversies lie. That is the chal- all the intelligence agencies through- with a car bomb. But the fact is most lenge for us and a challenge I believe out the country, in different agencies people see the merit of having the kind we can accomplish.

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.014 S22PT1 S9478 CONGRESSIONAL RECORD — SENATE September 22, 2004 Mr. President, I yield the floor. I sug- What I saw in that house in Robbins, North omy. So when it comes to what working peo- gest the absence of a quorum. Carolina was very American. It was two par- ple need, this really is a Do-Nothing Presi- The PRESIDING OFFICER. The ents working hard, meeting their respon- dency: Do Nothing to create jobs, do nothing sibilities, and living in an economy that to relieve the pressure on the middle class, clerk will call the roll. made the American Dream possible. It was a do nothing to bring down health care costs, The assistant legislative clerk pro- time when you knew that faith, responsi- and do nothing to help more young people go ceeded to call the roll. bility and hard work would lift your family to college. Mr. KENNEDY. Mr. President, I ask up. They would give you and your children You can count on George Bush and Dick unanimous consent that the order for the future they deserve. And this is the great Cheney to do one thing: look out for their the quorum call be rescinded. promise of America. friends at the top. It is very simple: they The PRESIDING OFFICER. Without But I fear today, that that light is flick- honor wealth, not work. ering and that blessing is no longer there for Make no mistake. This idea is the most objection, it is so ordered. any but a few. And this great shift away radical and dangerous economic agenda to Mr. KENNEDY. I understand now from the power and the promise of our mid- hit our shores since socialism a century ago. that we are on the time that has been dle class means that the gifts and the graces Like socialism, it corrupts the very nature designated for Senator DASCHLE, the of too many young people never have a of our democracy and our free enterprise tra- minority leader. chance to shine. dition. It is not a plan to grow the American The PRESIDING OFFICER. That is Today, I fear that a young boy in Athens economy. It is a plan to corrupt the Amer- correct. who goes downstairs and sees his parents at ican economy and shrink the winners’ circle. the kitchen table doesn’t sense hope in his John Kerry and I believe that the hard Mr. KENNEDY. I have been yielded house. He sees his parents trying to get work and responsibility of the middle class 10 minutes and then I understand my through the month. He sees them divide up are the engine of our economy. We believe colleague and friend from Washington their bills into piles that say ‘‘pay now’’ and our government should honor those values has been yielded 5. ‘‘pay later.’’ And he sees his mother and fa- and give everyone who works hard and takes The PRESIDING OFFICER. That is ther work hard and they can’t even break responsibility a chance to do well. We be- correct. even. lieve in expanding the winner’s circle. We be- That boy thinks, ‘‘This is what life will be lieve in one America. Mr. KENNEDY. Would the Chair no- like.’’ He looks on with resignation and the History shows us that our approach works tify me when I have 2 minutes remain- false belief that this is as good as it gets. better for America. To have real economic ing? Two people are responsible for causing this growth in this country, we have to strength- The PRESIDING OFFICER. Yes. great shift in America: George W. Bush and en and expand the middle class. Dick Cheney. Their policies have decimated We saw it with the G.I. Bill. Young men f the economy of Ohio and the American val- had fought for America, and America in- EDUCATION FUNDING ues we believe in. vested in them. Millions of young people This campaign is about different leaders went to college and triggered the greatest Mr. KENNEDY. Mr. President, yes- and different economic plans. It’s about dif- expansion of the middle class the world has terday, JOHN EDWARDS was in Cleve- ferent visions for America. And it’s about ever seen. land, OH, and gave a powerful speech what’s holding our economy down—the cal- We saw it in the 1990s. Government lived on the economy. He pointed out the lous view of a few at the top who believe that within a budget just like our families do. A struggles of the middle class and asked the values that got us here can now be left tight labor market drove up wages. The aver- behind. age family made $7000 more, and we lifted 6 why President Bush made the choices It is because George Bush and Dick Cheney million Americans out of poverty. he has to boost the wealthiest Ameri- abandoned our values that Ohio has lost And look where we are today. George Bush cans and abandon hard working men 237,000 jobs; family incomes have dropped by and Dick Cheney have replaced that virtuous and women. I urge my colleagues to more than $1,500; health care costs have gone path with a vicious circle when it comes to take a look at this great speech. up more than $3,600; tuition at Cleveland our economy. I ask unanimous consent that it be State and Ohio State is up $3000; and once We have a labor market that cannot keep every five minutes an Ohio family files for up with our growing population. We see de- printed in the RECORD. bankruptcy. clining wages even as health care costs go There being no objection, the mate- The struggles people face in Ohio and the through the roof. And the gap between the rial was ordered to be printed in the weakness in our economy are a direct result Two Americas is growing. Corporate profits RECORD, as follows: of decisions made by George Bush and Dick are up. Our most expensive stores’ sales are REMARKS OF SENATOR JOHN EDWARDS Cheney. And those decisions are the direct up. But average wages are down over the last year, and the Targets and Gaps are seeing It is an honor to be with you. result of a vision that honors wealth and their sales stall. Instead of creating good When I was in school, I remember coming privilege rather than work and responsi- middle-class jobs, we’re creating more tem- down the stairs at night. I would see the bility. When our economy suffered after Sep- porary positions, part-time jobs, and jobs in glow of the television, hear the volume on tember 11, this President made a choice. He fast food restaurants. low, and see my Dad working at the kitchen fought for tax cuts for the wealthiest Ameri- When you have a government that does table. He wasn’t going over the family bills cans. And he did nothing to put more money nothing to reward work, our economy or paper work from his job at the mill. He into the pockets of working families. doesn’t pick up and this vicious circle con- was learning math on TV. When our country went 7 straight months tinues. The people at the top do just fine. After a long day at work, he would come of losing jobs, this President made a choice. The people who make this country work home and turn on a local TV station to He proposed $25 billion in backward-looking struggle to get through the month, and our learn. Every year, he’d see another young tax cuts for big corporations like Enron. But economy never picks up steam. person with no experience and a college de- he did nothing to pass tax cuts that would John Kerry and I will break this vicious gree move past him. And he knew that if he encourage businesses to create jobs. circle. And we will put America back on a didn’t try something his chances of moving When the incomes of working families virtuous path where work is rewarded, the up would disappear. began to fall after 7 years of strong growth, middle class expands, and the American So my Dad—like millions of Americans— this President made a choice. He slashed the Dream is there for all who are willing to did what he could for himself so that he overtime for six million workers. But he did work for it. could better provide for his family. I was nothing to raise the minimum wage. It is time to build one America with one proud of what he was trying to do. I was sad When health care costs skyrocketed out of economy that works for everyone. Where no because he couldn’t get a college degree. And control, this President made a choice. He child ever looks on at his parents and thinks, I realized that I lived in a country where I gave away $140 billion to the big drug compa- ‘‘I can’t hope for something better.’’ But could. nies and fought to lift the responsibilities of dreams only of building something better. Standing in that house, I always had hope. HMOs and insurance companies while taking And this is the season for change. It is time At that time, America was a place where away the rights of families. But he did noth- to build an economy that honors our values hard work and determination could take you ing to lower health care costs so Americans and rewards work. anywhere. My mother ran her own small could keep more of their hard-earned money. I know personally what it’s like when the business, refinishing furniture to help pay When Ohio schools raised college tuition factory or the plant closes down. The whole for my tuition. Thanks to my mother and fa- because of state budget deficits, this Presi- town suffers, and that’s what happened when ther’s hard work in that mill, in that busi- dent made a choice. He stood up for subsidies the textile mill my father worked in closed ness, and at that kitchen table, they were to big banks and tried to cut off Pell Grants down. able to buy a house. Later on, they were able for 84,000 students. But he did nothing to re- We can prevent some of these jobs from to help me become the first person in my lieve the burden on our state budgets and in- leaving America. And there are real steps we family to go to college. And I stand here crease student aid. can take that will stem the loss of manufac- today because I have lived in the bright light Every choice he made did something to turing jobs in Ohio. But that alone won’t be and the blessing of America. harm our middle class and weaken our econ- enough.

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.017 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9479 One constant of our new global economy is ulation of its currency. They are able to sell know all of the details, but we know a lot of that there will always be change—one sector products for up to 40 percent less—not be- them because of a memo released by his will be growing while another lags. It is the cause they’re more efficient or cheaper, but former Treasury Secretary. responsibility of our leaders to anticipate because they play games in the currency We know people who inherit hundreds of these changes, do what they can to save the markets. This president won’t even say it’s millions will pay nothing; firemen and wait- old jobs and create new ones, and give our against the rules. resses and working people will pay every- workforce the tools it needs to adapt to the John Kerry will. He will fight China’s cur- thing. And we know his plan will take away new economy. rency manipulation. And he will stand up the most important incentive for the single What I will present today is our plan to and defend the federal trade enforcement law most important form of ownership: it will help Ohio and America build one economy. that that has delivered over $200 million to eliminate entirely the tax deduction for This plan will attract new business to Ohio Ohio manufacturers over the last four years. home mortgage interest. and create more manufacturing jobs. And it These trade policies aren’t abstract ideas According to the Treasury Department, will strengthen and expand the middle class or some things that happen over there. They the effects of this project on the economy as so that the American dream of building impact our lives. While we must always a whole are ‘‘uncertain.’’ But the effects on something better is never replaced with the trade and open our markets, we must do so the middle class are clear. It means that dream of just getting by. in a way that is right for our workers and they will bear more of the tax burden in First, we are going to create and keep good the world’s workers. America. paying jobs right here in America. We all have to do well if this economy is It’s time to return to the idea that made Today, if one company wants to move its going to break this vicious circle and start this country great: Instead of helping factory to China and another company wants to grow. And that means making sure busi- wealthy people protect their wealth, we to keep its plant open outside of Marietta, nesses across America can compete with should reward the work of America’s middle the company that ships its jobs overseas is businesses around the world. Today, health class. rewarded. They get the tax break while our care costs add $400 to the cost of a Japanese That is why John Kerry and I have a plan middle class watches more and more good car, but $1400 to the cost of an American car. to cut taxes on work and expand our middle paying jobs leave this country. They get the American manufacturers that have always class. To help middle class families pay for tax break while our middle class loses its done the right thing and offered health care health care, health care reform and a tax muscle. And they get the tax break while are at a growing disadvantage compared to credit to help lower premiums up to $1,000 a your friends and neighbors have to figure out our international competition. year. To help them cover the rising costs of how to live on $12,000 less in their new job. We can change that. We can change it by child care, a tax credit up to $1,000 so chil- This administration values America’s work lifting the burden of catastrophic costs from dren have a safe place to go while their par- so little that they actually proposed to offer businesses and by offering tax credits to ents work. To help middle-class families new tax breaks for companies to go overseas. make health care more affordable. We can keep more of their hard-earned money, we We should be exporting American products, change it by allowing the reimportation of will stop the deceptive and unfair credit card not American jobs. prescription drugs and the government to ne- deals that cost families billions each year. When John Kerry is President, we will end gotiate a fair price. And we can change it by And to give more young Americans the the tax deferral rules that encourage compa- passing a new three-strikes-and-you’re out chance I had to be the first member of their nies to ship jobs overseas. Instead, we will rule that targets the lawyers who clog our family to go to college, a plan to make col- cut taxes for businesses that create jobs court systems with meritless cases that lege affordable. We will provide $10 billion in here. In fact we will cut taxes for 99% of should never be filed-not the victims whose aid for states, including $340 million for American companies that pay taxes and cre- injuries are all too real. Ohio, as long as the state holds tuition in ate jobs. John and I also understand that a strong line with inflation. We will provide every For those small businesses and manufac- economy isn’t just about Wall Street doing person with a tax credit on $4,000 of college turers that want to hire new employees we well. It’s about the strength and livelihoods tuition. And if young people are willing to will create a new jobs tax credit to pay your of our Main Streets and back streets in our give two years of service to their commu- share of the payroll tax for every person you small towns and rural areas. nity, state or country, then we’ll give them hire. And for those small business owners That’s why we’ll create a venture capital four years of college tuition. who want to hire more employees but cannot fund to support small businesses and entre- When we say that we want to cut taxes for afford to insure them, we will give you up to preneurs in small towns that are hurting. We the middle class, these are more than words. a 50% tax cut on your health care to cover will make sure we have broadband every- It’s what John and I have fought for over and your employees. where in America and help small manufac- over again. They want more tax cuts for mil- You see, we believe government should cut turers upgrade their technology. And we can lionaires. We want more tax cuts for the taxes on American business. But it shouldn’t invest in the new technologies and renewable middle class because we know that a strong cut and run from America’s values when it energies so that America can become inde- and growing middle class means a stronger does. pendent of Middle East oil. America. Another way to honor work is to enforce Here in Ohio, your leading universities, re- Just as families live within a budget, our trade agreements and trade laws so we search institutes, and advanced manufac- Washington should too. And we will restore secure a more level playing field for our turing industries will spark new growth and fiscal discipline in Washington. We will roll workers. We need to trade for our businesses, innovation. They are critical for strength- back tax cuts on multimillionaires, restore our consumers, and our economy. But we ening our high tech economy and key to real budget rules, and we will cut corporate need to make sure that our trading partners Ohio’s economic future. loopholes, corporate welfare, and the federal honor their part of the bargain. Since the Second World War, technology bureaucracy that is growing again under Your own Senator, George Voinovich has accounted for nearly 50 percent of the George W. Bush. Our plan will cut the deficit called America’s enforcement of trade laws, state’s economic growth. There are 167,000 in half and this will restore confidence in our ‘‘nothing short of abysmal.’’ Right now, this Ohio workers employed in high tech jobs. markets. It will free up new capital for new administration is using our trade policy to If we expand investment in technology, we businesses and encourage them to start hir- compensate for their own failed foreign pol- can create an economic environment where ing again. icy, by cutting deals with small countries these kinds of good paying jobs are created There is a fundamental American principle willing to support us. And in the meantime, every day. And by investing in education, we we all believe in—creating wealth for those our major trading partners are cleaning our can use our best and our brightest to solve who’ll work for it and expanding the middle clock, bringing two or three trade cases our countries greatest challenges. The class. But the very idea of the ‘‘working against us for every one we bring against strength and knowledge of our working men poor’’ has no place in our America. them. and women will launch the next wave of eco- Cleveland is a proud city, a great city. And Today we are running the biggest trade nomic expansion. And Ohio can and will lead it belongs at the top of many lists. But not deficit in history. Exports are down for the the way. the one we heard about last month—having first time in history. And no place feels the Once we take these steps, our walk is not the highest poverty rate in the nation. We downside of an Administration that fails to done. When we put America back to work, need to see these numbers as a call to action. look out for our businesses and our workers we also need to make sure that work is hon- Poverty isn’t something we can live with. more than Ohio. ored and rewarded. It’s something we must strive to end. Based Ohio has lost 173,000 manufacturing jobs George Bush is talking about building an not on handouts, but based on hard work. We under this President. Here in Cleveland, CHC ownership society, but he has spent four will encourage the job creation in Cleveland Industries shut down its plant because of years building a debt society for everyone by fixing our tax policies and our trade poli- Chinese dumping. except those at the top. His economic vision cies and investing in our small businesses. And I heard a similar story from the work- has one goal: to get rid of taxes on unearned We will honor hard work by raising the min- ers from Techneglas in Columbus. They were income and shift the tax burden onto people imum wage. That will help 396,000 people in part of the television glass and components who work. And he has moved toward that Ohio. And we will honor hard work by ex- manufacturer that closed three plants and goal with the tax cuts he has passed already. panding tax credits for those who work. sent 1,100 workers home. And one of the rea- The President’s new ‘‘tax reform’’ is the In Cleveland, thousands of working fami- sons they closed is China’s continued manip- ultimate expression of his values. We don’t lies who are eligible for those tax credits

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.002 S22PT1 S9480 CONGRESSIONAL RECORD — SENATE September 22, 2004 don’t collect them. Thousands get advance cation can open the doors of oppor- ards so that we can have higher results ‘‘tax refunds’’ that are actually loans at in- tunity to our people. It helps the next and academic achievement for our chil- terest rates of 100 percent or higher. And generation realize their potential and dren. Yet we find that Bush under- often these families see their earnings erod- fulfill their dreams. A good education funded the reforms of No Child Left Be- ed even more by predatory lending at rates no one should have to bear. Ohio has the strengthens our economy as it prepares hind this year by $9.4 billion. highest foreclosure rate in the country, and young Americans to get good jobs and There are 6,500 schools identified as in Cleveland, 1 in 66 homes were in fore- compete in today’s world. Parents in need of improvement and President closure in 2003. want their children to succeed, but Bush has never once proposed funding We can do something about it. First, we’ll over the past 4 years we have seen a to turn around schools that need im- work with Cleveland to lead an outreach President and an administration with provement. campaign, expand voluntary help with taxes, an incompetent education policy and Here it is. The President said on Jan- speed up tax refunds, and get the IRS out of incompetent education budget. uary 23, 2001: the business of encouraging high-interest Many of our schools, particularly low-in- loans. We will crack down on predatory lend- President Bush can find more than $1 trillion to give away in tax breaks for come schools, will need help in the transi- ing to save Ohio families $300 million a year, tion to higher standards. and use our laws to prompt banks to offer the elite but he cuts funding for his more loans and services to low income fami- own education reforms. He can waste Higher standards mean better trained lies. And we can make sure fathers honor billions of dollars in contracts to Halli- teachers who are teaching in under- their responsibilities by paying child support burton but cannot find a dime to in- served areas. It means support services and helping them work. crease Pell grants. When it comes to for those children who are not being We can lead a rebirth right here in Cleve- the education of our children and help- able to keep up with the rest of the land. This city has 350 brownfields covering class. It means help and assistance for 6,000 acres. We can clean them up and replace ing the middle-class families afford college for their children, and helping limited-English-speaking children, hollowed out buildings with good new homes. those who are speaking a foreign lan- And we can strengthen the public schools in workers get retrained for new jobs, this Cleveland so that families stay in the city. administration has been AWOL. guage who need the extra help and as- You just laid off more than 800 teachers be- On issue after issue, the administra- sistance in order to be able to perform cause the schools are underfunded. How are tion has misled the country with the at standard, and also reforms for strug- we going to educate the best minds of tomor- long trail of broken promises and gling schools in many of our urban row without a good teacher at the head of unmet commitments. Incompetence is areas and some in our rural areas. every classroom? hurting our families and our commu- There was a guarantee in the No One thing that you understand here in Child Left Behind funding for qualified Cleveland is that poverty isn’t ‘‘their’’ prob- nities. On Iraq, the administration manipulated and distorted intelligence in teachers, funding for afterschool pro- lem. Nobody is more eager than you to fight grams, funding for limited-English- poverty because you understand that the a rush to war. We have had incom- fate of your city depends on the success of petent leadership in trying to find a speaking children, funding for strug- all of your residents. And that is exactly the way of peace, and America is less safe gling schools, and yet that has been a same thing for America. Creating oppor- today. failed promise. tunity for all is not an expression of compas- We have had incompetency in the This chart indicates where the Bush sion. It is an expression of our commitment management of our economy with the budget is with regard to the No Child to do what is best for America. Left Behind Act, all the way out to fis- At the heart of this campaign, we want to loss of 1,700,000 jobs. Wages are down. Expenses are up. Health premiums are cal year 2012, and that leaves over 4 make sure that everyone has those same op- million children left out and left be- portunities that I had growing up—no matter going through the roof. Gasoline prices where you live, who your family is, and what are up. College premiums are up. In hind. This was the commitment in the No the color of your skin is. This is the America health care, we have a double-digit in- Child Left Behind Act that this Presi- we believe in. crease in premiums. Drug costs are dent signed to say that no child would You honor work and inspire confidence by going through the ceiling. There is a building one economy that honors our values be left behind, and that every child rising number of uninsured. Iraq, the and strengthens our great middle class. With could reach proficiency. this simple and enduring principle serving as economy, health care, and now edu- In my State of Massachusetts, in the our moral compass, we can break this cur- cation. last MCAS test, which is generally rec- I have a statement the President rent vicious circle and put our economy back ognized nationwide, 62 percent of the on a virtuous path. made January 23, 2001: This is what the politics of what’s possible children were able to get proficiency in My focus will be on making sure that every reading and 57 percent in math. We are can build and John and I need your support child is educated. not giving up on those children but evi- to make this happen in America. These are the K–12. This is the col- For in the end, this election comes down to dently the administration has. a simple choice. If you believe that our econ- lege education. These are the children Next, in higher education, this is omy—Ohio’s economy—is strong when who need the training programs and what the President said on August 30, month after month jobs are lost and family yet we see that under the administra- 2000: incomes decline, then you can vote for tion’s budget 4.6 million of these chil- A child eligible for a Pell grant future will George Bush and Dick Cheney. But if you dren are being left behind. be affected by the size of the Pell grant. I am want an economy that honors work and lifts College tuition has gone up 38 per- going to ask Congress to bolster the first up our middle class, then your choice is clear cent in the new calculations since this year aid . . . to $5,100 per recipient of the and it is time to make John Kerry our next President took office, which makes Pell grant. . . . president. Many of us are angry at what George Bush payment of the premiums for a college That was on August 30, 2000. When and Dick Cheney have done to our great education out of the reach of middle- was that? Just before the election. country and the values we cherish. But anger income families. I have the budget of this administra- never changed America; our actions do. And We have had an actual $600 million tion on the Pell grants for the last 4 this is what we will do create good paying cut in job training programs. years: Zero, zero, zero in terms of the jobs, invest in the jobs of the future, and lift This is what the President said: increase of the Pell grants at a time up and expand our great middle class. Funding is important and so is reform. So when we have increases in higher edu- We will do this for America. we must tie funding to higher standards and cation going up 38 percent. So that once again, we can live in the accountability— bright light and the blessing of America. This is an abdication of responsi- Where a child no longer sees despair when We agreed with that— bility to the children of this country. his parents sort bills at the kitchen table, for results. Schools will be given a reason- We have had an abdication of responsi- but believes in the promise of America. That able chance to improve and the support to do bility in health care, in the economy, hard work, responsibility and the love of his so. and in education. family can create a future filled with hope Money is not the answer to every- What we do not have with this ad- and grace. thing but it is a clear indication of a ministration is attention to special in- Mr. KENNEDY. Mr. President, few nation’s priorities. This is a commit- terests. We saw over the passage of the issues are more important to a strong ment of the President to provide the Medicare debate where this adminis- America than strong schools. Edu- support so we can have higher stand- tration gave $139 billion in windfall

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.004 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9481 profits to the drug industry, $46 billion newspaper on the Federal page, Sep- said John Stanton, a senior lawyer for Clear to the HMO industry. Now what do we tember 22, ‘‘EPA Wording Found To the Air, an environmental coalition that have, the student loan scandal. Mirror Industry’s.’’ spotted the similarities between the regulation’s language and the industry memo. My friend from the State of Wash- For the third time, environmental advo- The proposed regulation concludes that al- ington will speak to this issue, but I cates have discovered passages in the Bush though the EPA determined in 2000 that ar- wish to point out what was printed administration’s proposal for regulating senic, chromium and other metals are poten- today in the New York Times that says mercury pollution from power plants that tial carcinogens, there is too much uncer- it all. mirror almost word for word portions of tainty to justify regulating them. I ask unanimous consent that the memos written by a law firm representing That conclusion is backed by two sections the coal-fired power plants. of the proposed rule that address whether whole article be printed in the RECORD. the EPA is compelled to regulate non-mer- There being no objection, the mate- There it is again, taking care of the banks, taking care of the powerplants, cury pollutants, an issue that first arose in rial was ordered to be printed in the 1990 when Congress rewrote sections of the RECORD, as follows: taking care of the drug industry, but Clean Air Act. At the time, Congress made [From the New York Times, Sept. 22, 2004] not taking care of working class Amer- an exemption for the utilities, saying the icans, not taking care of middle-in- EPA should study whether it was both ‘‘ap- BANKS AND THE COLLEGE LOAN LOOPHOLE come Americans. propriate and necessary’’ to regulate them. The Bush administration has studiously I ask unanimous consent that the en- In 2000, in the waning months of the Clinton looked the other way while well-connected administration, the EPA concluded that util- lenders have exploited a loophole in the stu- tire article be printed in the RECORD. There being no objection, the mate- ities should be listed as a source of toxic dent loan program that will reap them near- emissions and regulated accordingly. ly a billion dollars in undeserved subsidies rial was ordered to be printed in the In light of the 2000 decision and past stud- this year alone. Congress, which rakes in RECORD, as follows: ies, EPA officials said they are obligated to contributions from banks and other lenders, [From the Washington Post, Sept. 22, 2004] regulate only mercury in coal-fired power was reluctant to even discuss this problem EPA WORDING FOUND TO MIRROR INDUSTRY’S plants and nickel in oil-fired plants. The until a public outcry recently made it impos- (By Juliet Eilperin) nine attorneys general and two state envi- sible to avoid. The Education Department ronmental secretaries wrote the agency on has claimed that it lacks the authority to For the third time, environmental advo- June 28 saving the EPA is legally required to close the loophole unilaterally. But that po- cates have discovered passages in the Bush address other pollutants as well, citing a 2000 sition was blown away this week in an un- administration’s proposal for regulating decision by the U.S. Court of Appeals for the usually caustic report by the Government mercury pollution from power plants that D.C. Circuit. Accountability Office, which outlined the mirror almost word for word portions of The Aug. 5, 2002, memo from Latham & scope of the problem and urged the Edu- memos written by a law firm representing Watkins, submitted during the public com- cation Department to solve it quickly. coal-fired power plants. ment period on the rule, said hazardous air At issue is a special category of student The passages state that the Environmental pollutants other than mercury did not need loans for which the government guarantees Protection Agency is not required to regu- to be regulated. It made multiple references the lenders a whopping return of 9.5 percent, late other hazardous toxins emitted by to statements by Rep. Michael G. Oxley (R- even though the prevailing rate charged to power plants, such as lead and arsenic. Sev- Ohio) that ‘‘Congress provided a distinct reg- students is now less than 3.5 percent. The 9.5 eral attorneys general, as well as some envi- ulatory mandate for utility [hazardous emis- percent loans, backed by tax-exempt bonds, ronmental groups, have argued that the sions] because of the logic of basing any deci- were established when interest rates were Clean Air Act compels the EPA to regulate sions to regulate on the results of scientific high in the 1980’s to keep lenders in the col- these emissions as well as mercury. study and because of the emission reductions lege laon business, Congress tried to phase The revelations concerning language writ- that will be achieved and the extremely high out the high-interest loans in 1993, when it ten by Latham & Watkins could broaden an costs that electric utilities will face under rightly concluded that they were no longer ongoing probe by the EPA’s inspector gen- other provisions of the new Clean Air Act needed, but they have not gone away. eral into whether the industry had an undue amendments.’’ As interest rates declined, the lenders, influence on the agency’s proposed mercury The EPA used nearly identical language in abetted by the Education Department, devel- rule, legislative critics of the proposed rule its rule, changing just eight words. In a sepa- oped a series of accounting tricks that create said. rate section, the agency used the same new 9.5 percent loans essentially out of thin Sen. James M. Jeffords (I-Vt.), ranking italics Latham lawyers used in their memo, air. This process, sometimes described as member of the Senate Environment and Pub- saying the EPA is required to regulate only cloning, has made the number of 9.5 percent lic Works Committee and one of the senators the pollutants under Section 112 of the Clean loans balloon and ratcheted up the subsidies who called for the probe last spring, said the Air Act ‘‘after considering the results of the that the government must pay. Worse still, revelation that the EPA adopted the same study required by this paragraph.’’ The recent press accounts suggest that higher- wording as an industry source ‘‘no longer memo uses the world ‘‘subparagraph’’ in- ups in the department may have overruled comes as much of a surprise.’’ stead of paragraph but is otherwise identical. auditors who tried to put an end to this proc- ‘‘The Bush administration continues to let Latham lawyer Robert A. Wyman Jr., who ess. industry write the rules on pollution, and authored the memo, declined to comment The House voted to end the unfair sub- this is just one more example of how they last week on grounds that the firm does not sidies temporarily—and is likely to settle on abuse the public trust,’’ he said. discuss client matters unless directed to do a permanent solution soon. But the Senate EPA spokeswoman Cynthia Bergman so. Appropriations Committee ducked the issue would not comment on the connection be- The Washington Post and the Los Angeles last week when it rejected a measure that tween the law firm memo and the agency’s Times reported earlier this year on instances would have driven a stake through the proposal beyond saying that it is ‘‘a public in which industry-written language had sur- wasteful program and redirected some of the document. It was publicly debated as part of faced in the mercury proposal. A spokesman savings to student aid. By one estimate, even the rulemaking process.’’ for the inspector general’s office said its in- six months’ delay in dealing with this prob- She added that pollutants such as lead and vestigation of the issue should be done by lem would cost the taxpayers nearly $3 bil- arsenic are not the central issue: ‘‘EPA con- early next year. lion in interest payments. That money tinues to be most concerned with mercury. That, I believe, is what this whole elec- should be going to poor and working-class We will be regulating mercury emissions tion is about. college students—not to banks. from power plants for the first time, and we Finally, the President of the United Mr. KENNEDY. By one estimate, will concentrate on the need to protect chil- States is out today in Pennsylvania even 6 months’ delay in dealing with dren and pregnant women.’’ Environmentalists have assailed the EPA and also in Wisconsin. I hope he will this problem will cost the taxpayers for months arguing that the mercury rule, explain to the people in Pennsylvania nearly $3 billion in interest payments. slated to be finalized next March, would not why he is leaving out 65,800 school- That money should be going to poor adequately curb a toxin that can enter the children, who are being left behind in and working class college students, not food chain through fish and cause develop- the funding of the No Child Left Behind to the banks. ment damage in infants and young children. Act in Pennsylvania. And when he We have an administration that The rule, they said, does nothing to limit travels to Wisconsin on Friday, I hope takes care of the special interests, and chromium, lead and arsenic pollution from he will explain to the parents out there now we find they are taking care of the utilities, all of which exceed mercury emissions and could pose a health threat. in Wisconsin why he is leaving behind banks as well. They take care of the ‘‘The big story here is the public health 26,300 children, who are left behind in drug companies, the HMOs, and the story; things like arsenic, lead and chro- the State of Wisconsin. banks. All one has to do is read the mium are being released in very large quan- The parents of the children in Penn- newspaper. Look at this morning’s tities and pose a very serious health threat,’’ sylvania, the parents of the children in

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.020 S22PT1 S9482 CONGRESSIONAL RECORD — SENATE September 22, 2004 Wisconsin, are entitled to answers. Who is paying the price? Our college in the past 18 months amount to such a scan- They are tired of rhetoric. They are students. This year we are throwing dal. The loans in question, established in tired of cliches. They are tired of mis- away $1 billion that we could be using 1980, are guaranteed by the government at 9.5 percent. Yet most students are paying inter- representations. They want the facts. to help more students go to college. So est rates of 3.5 percent or less. The dif- They want the truth. We have a can- in the Appropriations Committee last ference—all taxpayers’ money—is pure profit didate who will give it to them. week, I offered an amendment to fi- for the companies that have taken advantage I see my friend and colleague in the nally stop this taxpayer ripoff. My of a loophole in the law. Chamber, Senator MURRAY. Whatever amendment would have used the sav- According to a recent report by the Insti- remaining time I have, I yield to her, ings from this ripoff to help 700,000 stu- tute for College Access and Success, a non- and I thank the Chair. dents get another $3,000 for college. It profit education think tank, Congress had The PRESIDING OFFICER. The Sen- actually intended to end in 1993 the 9.5 per- would have helped the parents of 25,000 cent loan guarantee, one of many programs ator from Washington. low-income students get child care on that provide incentives for institutions to Mrs. MURRAY. Mr. President, how campus. It would have helped another lend to students. In May 2003, one company, much time is left? 200,000 students get $800 in grants. It Nelnet Inc., wrote to the Education Depart- The PRESIDING OFFICER. The Sen- would have helped 180,000 low-income ment to confirm its intention to expand its ator has 5 minutes 15 seconds. and first-generation students prepare holdings of old loans with the 9.5 percent interest rate. Nelnet received no answer from f for college through TRIO and GEAR the department for a year, during which STUDENT LOAN SCANDAL UP. And it would have helped thou- time the department continued paying the sands of migrant students attend col- Mrs. MURRAY. Mr. President, I come company. In June of this year, the depart- lege. ment replied inconclusively—at which point to the floor today to talk about this When I offered my amendment, ev- the company’s stock price climbed 20 per- scandal to which the Senator from erybody on the committee seemed to cent. Although Nelnet is the largest holder Massachusetts alluded. It is mentioned agree that this subsidy should end. But of loans guaranteed at 9.5 percent—and its in the New York Times today, ‘‘Banks when it came time to vote, every Re- holdings of such loans have increased by 818 and the College Loan Loophole.’’ publican member voted against my percent since January 2003—it is only one of many such lenders. According to a prelimi- I talk to families all over the State amendment. They voted against tax- of Washington, and they are struggling nary Government Accountability Office re- payers, they voted against students, port, commissioned by Reps. Chris Van to pay for college for their kids. They and they voted against our families. Hollen (D–Md.) and Dale E. Kildee (D–Mich.), all agree college education is far too They said they wanted to deal with it 37 lenders receive payments for loans with expensive for many families. You later. I am here today to say that tax- guaranteed interest rates of 9.5 percent, at a would think the Federal Government payers are getting ripped off every day government cost of $1 billion annually, and would be doing everything possible the volume of such loans is rising. we delay. If we wait 6 months, as was Why wasn’t the loophole shut long ago? today to make college more accessible suggested, taxpayers will lose billions for all of our families. Sadly, that is Education Department officials argue stren- of dollars, and students will not get the uously that only a two-year regulatory proc- not the case. help they need. The time to do this is ess could have done so, and they didn’t ini- Last week in the Senate we had a now. tiate one, they say, because they thought chance to help students to get to and I am not willing to waste another Congress would deal with it. Congressional get through college. Unfortunately, the dollar that could be in the pockets of Republicans say they expected to deal with majority on the Appropriations Com- our students today, and that is why the the problem in a comprehensive higher edu- mittee blocked my commonsense, stu- cation bill, but that has failed to pass (and in Senate needs to act now. The Govern- any case the proposed language would not dent-friendly proposal. Instead of ment is paying 30 times more than it standing up for students, unfortunately have ended all the payments). Yet, other so- should for these special interest sub- lutions could have been found: In the wake of the committee stood up for banks and sidies—30 times more. That is a ripoff. revelations about the scale of the payments, other special interests that have been This is as if you walk into a college the House yesterday passed an amendment gaming the system for years, at tax- book store and a textbook on the shelf to an appropriations bill, offered by Mr. Van payer expense. costs $100. If that textbook had the Hollen and Mr. Kildee, that would close the I am on the Senate floor today to say same outrageous markup as these loophole completely, albeit temporarily. (Of that students should come before spe- course, there is no guarantee it will become loans, that student would be paying law.) And one former Education Department cial interests. Student loan programs $3,000 for the same textbook. Taxpayers were started to help our students. They general counsel has written to the secretary are paying $3,000 for something that of education, Roderick R. Paige, arguing were not started to line the pockets of only costs $100 because of this runaway that the loophole could have been closed im- lenders. It is time to end the taxpayer subsidy, and that is outrageous. There mediately if officials had wished to do so. ripoff that is occurring today and do is no reason for taxpayers to be paying There could be other explanations for their more to help our students afford col- a markup of 30 times the real cost. reluctance. One is that the president of Nelnet, Don R. Bouc—who has called for the lege. We were all outraged when Halli- Back in the 1980s, interest rates were loophole to be shut and the money to be bet- burton charged taxpayers $45 for a case ter used—is well-connected enough to have high. Many people were concerned that of soda that sells for $7 at the super- our lenders would stop making student been appointed to Mr. Paige’s advisory com- market. Halliburton marked those mittee on student financial assistance. Here loans, so Congress created a tem- prices up 6 times. Today, lenders are is another: According to a report in the porary—and I emphasize ‘‘tem- marking up student loans at a price 30 Chronicle of Higher Education, Nelnet is the porary’’—measure to keep college times higher than they should. No won- second-largest contributor to congressional loans affordable for our students. der the Washington Post called this a campaigns in the student loan history, beat- en only by industry giant Sallie Mae. Over At the time, it worked. Lenders kept scandal. making loans, and students were able the past 18 months, the student loan indus- I ask unanimous consent to have the try has contributed about $750,000 to the 49 to afford college loans. This was sup- Washington Post editorial on this posed to be, as I said, a temporary members of the House Committee on Edu- printed in the RECORD. cation and the Workforce, of which $136,000 measure. In fact, it was supposed to be There being no objection, the mate- has gone to the committee chairman, Rep. phased out in 1993, when interest rates rial was ordered to be printed in the John A. Boehner (R–Ohio), and $175,000 to started coming back down. Interest RECORD, as follows: Rep. Howard P. ‘‘Buck’’ McKeon (R–Calif.), rates came down; this subsidy lived on. chairman of the subcommittee on higher [From the Washington Post, Sept. 10, 2004] For the past 11 years, taxpayers have education. Mr. Boehner’s spokesman vehe- paid these lenders far more than they STUDENT LOAN SCANDAL mently denies any connection between the should have. Taxpayers are actually There are bureaucratic errors, there is con- contributions and the issue and maintains subsidizing profitable companies to gressional negligence—and then there are that the committee’s bill would have fixed bureaucratic errors and congressional neg- the problem, which was mentioned in the make loans that are far above today’s ligence on a scale so vast that it is hard to president’s latest budget. Still, it is difficult interest rates. Clearly, taxpayers are believe they can be accidental. The hundreds to understand, given the sums involved, why paying a huge bill while special inter- of millions of dollars in unnecessary govern- neither Mr. Paige nor Congress made this a ests are taking the money to the bank. ment payments to the student loan industry higher priority.

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.022 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9483 For nearly a decade we have argued that Would the Senator be willing to ex- made a commitment to voting rights, Congress should reduce subsidies for banks press an opinion on that? we said voting rights for all Americans. that lend to students, and instead expand the Mrs. MURRAY. Mr. President, the When we made our commitment to all direct-loan program, which provides about a Senator from Massachusetts is abso- children in this country, we meant all quarter of student aid—or else reform the system to make it harder to manipulate. lutely correct. The Department of Edu- children. This scandal provides an excellent reason to cation could end this today with a sim- There it is. This is not disputed. We look again at these questions. ple rulemaking procedure. Instead they are failing more than 4 million chil- The PRESIDING OFFICER. The time are pointing fingers, saying Congress dren. That is unacceptable, particu- of the Senator has expired. has to do it. Congress had the oppor- larly when we find that this adminis- Mrs. MURRAY. I ask for an 2 addi- tunity in the Appropriations Com- tration is looking out for their special tional minutes. mittee last week. They said, no, we interests. The PRESIDING OFFICER. Without have to wait for an authorization 6 I think we have an opportunity to objection, it is so ordered. months from now. Every month that change that on election day, and hope- Mrs. MURRAY. Mr. President, the goes by we lose billions of dollars in fully will. Senator from Massachusetts asked taxpayers’ money and thousands of I thank the Senator. unanimous consent to have the New students don’t get access to college. We I yield the floor. The PRESIDING OFFICER. Who York Times editorial from today print- don’t need any more fingerpointing on seeks recognition? ed in the RECORD. It clearly laid out this. The Senator from North Dakota. the case for what is happening today to I think the Senator would agree that we don’t need the Department of Edu- Mr. CONRAD. Mr. President, how taxpayers who are paying a tremen- much time do I have? dous price. And who is losing? It is our cation pointing to Congress and Con- gress pointing to the Department of The PRESIDING OFFICER. The Sen- students. ator has 5 minutes. We have to stop overcharging the Education. We need to stop this now. American people. We still have time to The Department of Education can do it f do it this year and help students get to by rulemaking and we can do it on any THE ECONOMY bill that comes before us. But we need college at a time when we all know tui- Mr. CONRAD. Mr. President, yester- to do it and we need to do it quickly. tion rates are rising. We need to give day we heard a number of my col- Mr. KENNEDY. I thank the Senator more to get more students there. leagues talk about their view of the for her comments. I warn the Senate, the clock is tick- economy and their view of the fiscal af- ing. Every Member of the Senate has to On August 27, Sally Stroup, Assistant Secretary for Education, said, ‘‘I don’t fairs of the country and their view that decide if they stand with students and things are on a positive track. Today, I families and taxpayers, or if they are think we have the legal authority to stop them.’’ would like to respectfully offer the going to stand with the special inter- other side of the story and what I view ests. Millions of students and millions They made no effort to try to stop them. Senator MURRAY is leading the as a very dangerous course the Nation of families are waiting for this answer. is pursuing under the leadership of We have to stop the special interest fight in the Appropriations Committee to try to save the taxpayers and save President Bush. subsidy today. Earlier this year, on August 30, the Mr. President, I yield the floor. middle-income families who are stretched with their tuition. Now we President was on the NBC ‘‘Today’’ Mr. KENNEDY. Mr. President, I un- show and the host asked him this ques- derstand we have a colleague who is on have the General Accounting Office saying they do have the power. tion: her way to the floor. I ask unanimous Let me ask you about deficits. This year, consent she be entitled to 5 minutes I wonder if the Senator would agree with me that we see a whole pattern $445 billion. Ballpark, do you think that’s and that we have 5 additional minutes. pretty good? The PRESIDING OFFICER. Without from this morning’s newspapers about how the administration is effectively President Bush: objection, it is so ordered. Yes. I do, I do. Mr. KENNEDY. I ask the Chair to re- right in the tank for the powerplants That is an odd sense of accomplish- mind me when I have 1 minute left. with regard to mercury, coal-fired pow- ment because that is the biggest deficit I ask the Senator from the State of erplants, and is now with the bank on in the history of the United States. Washington, does she not agree with student loans. We have seen it with re- The deficit that is now estimated to be me that this administration has the gard to the HMOs. I am wondering who some $422 billion we know is going to power to do something about this, and is going to stand up for working fami- be larger because we are funding some could do something about it today, this lies and who is going to stand up for of next year’s defense money this year giveaway that is written about in the middle America. because of mounting costs in Iraq. But prominent national newspapers as a Mrs. MURRAY. Mr. President, the even at the $422 billion figure, that is giveaway to the banks? Does she agree Senator from Massachusetts is abso- the largest deficit in the Nation’s his- with me that the Department of Edu- lutely right. This is outrageous. We tory, and by a big margin. cation has said we don’t have the au- have the Department of Education Last year, under President Bush’s fis- thority, we don’t have the power, we pointing fingers at Congress when they cal plan, we had what was then a don’t have the legal ability to do some- can make a ruling and stop this prac- record deficit of $375 billion. Now it has thing about it? Yet we have the Gen- tice today. According to all accounts, increased to $422 billion. But frankly, eral Accounting Office report: the delay of this is costing billions of dollars. If we wait for Congress to act that understates how serious the situa- Family education loan program, statutory tion is. and regulatory changes could avert billions— on reauthorization of the act 6 months or longer from now, taxpayers are By contrast, if you go back to the Hear that? Billions— going to lose $2.8 billion in interest Clinton years, each and every year of . . . in unnecessary Federal subsidy pay- payments. We are in the Senate where the Clinton administration the deficits ments. we know that access to Head Start is were reduced and held for a 3-year pe- On page 8: critical, we know access to college is riod. We actually ran budget surpluses. We disagree with the department’s charac- critical, and we know that $2.8 billion This President has punched us back terization of their authority. sent to the bank today means students into deficit, and by a country mile. It seems to me, if this President were are not getting higher education. The Bush administration now claims interested in protecting middle-income Mr. KENNEDY. Mr. President, when that the deficits are coming down. This families, in avoiding the kind of con- we made the commitment of No Child is the budget director, OMB, chosen by tinued wasteful subsidy and giveaway Left Behind, we thought we were in- President Bush. He says: to the banks, that the President, the cluding all children. When this body We continue to have deficits, even though Department of Education, this admin- committed to Medicare, we didn’t say they are coming down dramatically. istration, could do something and do we are going to leave some senior citi- I don’t know what his notion of com- something today. zens out; we said all seniors. When we ing down is, but here is the record. The

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.010 S22PT1 S9484 CONGRESSIONAL RECORD — SENATE September 22, 2004 deficits are not coming down. The defi- He said there is no money needed to that is not realistic, he supported cits are getting bigger. fix the alternative minimum tax past Congress’s move to put in a $25 billion The last year of the Clinton adminis- this year. Yet we know the alternative reserve fund. But look what the Con- tration, the first year of the Bush ad- minimum tax, that affects 3 million gressional Budget Office says the real ministration, which is a budget that people now and will affect 30 million cost is going to be: over $300 billion. It the President inherited, the budget was people by 2010. That is the old million- is not in the President’s budget. in surplus by $127 billion. The next aire’s tax that has now become a mid- Of course, the President has left out year, 2002, it went to $158 billion of def- dle-class tax. My friends, we all know the money he is borrowing from Social icit. That was the first year under the Congress is not going to allow the al- Security. Mr. President, $2.4 trillion is Bush administration. The next year, ternative minimum tax to affect 30 being borrowed from Social Security $375 billion of deficits, then the largest million taxpayers. Yet the President over the next 10 years, every penny of dollar deficit in our history. This year, provides nothing in his budget past which has to be paid back. He has no it is $422 billion, and the President’s next year—nothing. plan to do so. In fact, he has a plan to budget director says the deficits are In fact, if you go back and you put add even more costs by having a pri- going down dramatically. What is he back the items the President has left vatization of Social Security, or at talking about? The deficits are not out—the money he is borrowing from least a partial privatization that would going down. The deficits are going up. Social Security that he has to pay cost trillions of dollars more. From The truth is the official deficit, what back; it is not in his budget; if you put where is the money coming? From is called the deficit by the press, what in the money needed to fix the alter- where is the money coming? It is all is called the deficit by this administra- native minimum tax or the money for being borrowed. tion, badly understates how serious the the ongoing war costs—this is what Is anybody paying attention to what fiscal condition is of the United States. emerges as a realistic analysis of what this administration is doing to the fis- The debt of our country is not going to cal policy of this country? Is anybody increase by the advertised deficit of is going to get added to the debt and paying attention to what this means to $422 billion. This may come as a great what the deficits are going to look like our economic future? Is anybody pay- surprise and shock to many to find over the next decade. Actually, this is ing attention to what it means to our that the debt is going to increase by conservative because we have left out a much more than the deficit. But the lot of things that are also being done future military strength? You cannot truth is the debt of the country is by this administration that will add to be strong militarily if you are weak fi- going to increase by over $633 billion the debt. So this, too, understates how nancially. This administration is this year. The reason for the difference serious the situation will become. digging a deeper and deeper hole for is they are not counting the $150 bil- But even with this look, on just a this country on the financial front. You remember, when the President lion—roughly $150 billion—they are limited number of items—the Presi- unveiled his tax cuts, 3 years ago, he borrowing from Social Security, every dent’s request for additional tax cuts, penny of which they have to pay back. the President’s need for additional said he was going to have maximum It does not get counted in the deficit funding for defense, the President leav- paydown of the Federal debt. Do you calculation. If you add in the money ing out the cost of the alternative min- remember that? He said he was going they are borrowing from Social Secu- imum tax—you can see we are not to pay off all of the Federal debt that rity, which they have to pay back, the going to see a reduction in the deficit was available to pay off. But look what money they are borrowing from Medi- in the coming years under the Presi- has really happened. The debt is not care, which they have to pay back, the dent’s plan. No. The amount being being paid off. The debt is exploding. money they are borrowing from every added to the debt is going to increase, The debt that was $5.8 trillion in 2001 other trust fund, which they have to and increase, and increase. What we see we now anticipate will approach $15 pay back, the debt of the United States is an ocean of red ink over the next trillion by 2014, and, of course, all of is going to increase this year by over decade. this is happening at the worst possible $630 billion. That is a staggering sum. Let me show you some of the things time, right before the baby boomers re- The Bush administration promised the President has left out as he has tire. that deficits will be reduced in the fu- structured his budget. As I have indi- Not only is the President borrowing ture. President Bush in Annandale, VA, cated, on the tax cut, he only shows every penny available to be borrowed on August 9 of this year said: now in his budget the first 5 years of from Social Security—and, by the way, So I can say to you that the deficit will be the effect of the tax cut. Before he sub- he is doing the same thing with Medi- cut in half over the next 5 years. mitted 10-year budgets; this year, just care—he is also now borrowing from This is the same President who said, a 5-year budget. Why? Because he did countries all over the world. It may by the way, in his first year there not want to disclose to the American surprise people to find out that, under would be no deficits. In his second people what all of us know is the pat- this administration, the borrowing year, reporting to Congress, he said the tern of his tax cuts. from Japan has risen to almost $700 bil- deficits would be small and short term. Past the 5-year budget window, the lion. We borrowed $167 billion from Both of those statements were wrong cost of these tax cuts explode. The China; $130 billion from the United and wrong by a country mile. Then he President is hiding that from the Kingdom. We have even borrowed over said they would be small by historical American people with a 5-year budget. $90 billion from the Caribbean banking standards. Wrong again; biggest defi- He is doing the same thing with the al- centers. The Caribbean banking cen- cits we have ever had. Now he says ternative minimum tax, the same pat- ters, we are in hock to them for over don’t worry, I am going to cut the def- tern. The cost of fixing the alternative $90 billion. South Korea—who would icit in half over the next 5 years; wrong minimum tax explodes. He only pro- have believed it, who would have be- again. vided for 1 year of addressing the alter- lieved we have borrowed over $60 bil- Don’t believe it because it is not native minimum tax in his budget. lion from South Korea? That is the re- going happen. The only way the Presi- The war cost, it is the same pattern. ality. That is the hole that this Presi- dent comes up with the claim that he The President has $25 billion he sup- dent is digging. is going to cut the deficit in half over ported in a reserve fund for next year, Just in the last 3 years, this is the in- the next 5 years is he leaves out whole money, by the way, he is not waiting to crease in foreign holdings of our debt. areas of spending. He leaves out fi- spend next year. He is spending it now. When the President came in in January nance costs for the war. In his previous He is spending next year’s money this of 2001, we owed $1 trillion abroad. Now budget, he left out any war costs past year. Even that dramatically under- we are up over $1.8 trillion in indebted- September 30 of this year. He didn’t states what the Congressional Budget ness to foreign countries, an 80-percent put money in his budget; none. Office says the cost of the ongoing wars increase in our foreign indebtedness in Does anybody believe there is no war will be. He has $25 billion reserved in just 3 years. cost past September 30 of this year? his budget. It was not in his budget, by If it was just what has happened so That is what the President said in the the way. The budget he sent up had far I would not be so concerned, but it budget he sent up here. nothing in it. But when Congress said is the direction this President is taking

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.026 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9485 us that has to be of foremost concern percent of the benefits—went to the Now, there are all kinds of ways to because the President’s plan for the fu- top 1 percent, or the people earning deal with a bad jobs record, but to try ture is more of the same and a whole over $337,000 a year. The people in the to redefine manufacturing as McDon- lot more—a whole lot more debt, a bottom 20 percent got virtually noth- ald’s manufacturing hamburgers is not whole lot more in deficits. This fun- ing. Those in the middle class got pret- going to sell. damentally threatens the economic se- ty modest relief. Those in the middle 20 Mr. DODD. Will my colleague yield curity of the country. percent got 10 percent of the benefits. for a question? This chart I show you is not a chart The top 20 percent got 68 percent of the Mr. CONRAD. Yes. made by me or my staff; this is from benefits. The top 1 percent, over 33 per- Mr. DODD. Mr. President, I don’t the Congressional Budget Office. It is cent of the benefits. want to interrupt the flow. The Sen- their analysis, assuming an extension Mr. President, when our colleagues ator is going through a lot of numbers of the President’s tax cuts, the need for say everything is going well in the and statistics, and we owe a debt of alternative minimum tax reform, economy, they are living in a different gratitude to Senator CONRAD for this maintaining current spending policies. economy than the one I am watching. analysis. I would like to come back to Look where we are headed. This is Look at the difference on this chart. this deficit picture. I think these other what CBO says will happen to the defi- This is what has happened in the last numbers on jobs and so forth are in di- cits and the debt of the country if, nine recessions. The dotted red line is rect relation to our fiscal policies. roughly, the President’s budget policy what has happened to job growth as an There is a correlation because of our is pursued. average of the last nine recessions inability—and I am posing a question In fact, this is just the deficit. I since World War II. This black line is to the Senator—or unwillingness to misspoke when I said debt. The debt what is happening this time. Do you make the kind of important invest- chart would be much worse than this notice the difference? Something dra- ments that any period of economic chart. This is just the deficit. This matically different is occurring be- growth requires, which are obviously leaves out the money being borrowed tween recoveries in the last nine reces- being adversely affected by the amount from Social Security, this leaves out sions and this one. At this stage of the of debt we are accumulating. the money being borrowed from Medi- recovery, we would expect to have, I don’t know if my colleague from care—trillions of dollars that are not based on what has happened in the nine North Dakota saw the same article I in the President’s calculations at all. previous recoveries since World War II, did yesterday, which was the lead story This is a course that makes no sense. 5.5 million more private sector jobs in the World Business section of the This is what the CBO Director said, be- than we have this time. New York Times in which the IMF cause some around this town say we Something is wrong. We have already chief sees potential hazard in U.S. fis- will just grow out of this problem. This seen 1.6 million jobs lost since January cal policies. I quote: is what the Director of the Congres- 2001. These are the job loss numbers. ‘‘We believe that such a large imbalance’’ sional Budget Office says. By the way, We are still 1.6 million jobs below Talking about debt and deficit. this man came from the Bush adminis- where we were in 2001. The Chairman of ‘‘is a risk not only to the United States tration. He came directly from the the President’s Council of Economic economy, but for the world economy’’ as President’s Council of Economic Advis- Advisers said we expect, sort of on av- well. ers. This is what he said: erage jobs in 2004 to be 2.6 million more There are implications of allowing than jobs in 2003. For that to happen, [T]his is a fiscal situation in which we can- this fiscal situation to get so out of not rely on economic growth to cause defi- we would have to have monthly job hand so quickly. As I recall it, in Janu- cits to disappear. growth of 1.725 million. But what we ary 2001, we were looking at 10 years of He is telling the truth. This is what are getting is 141,000. That is a jobs gap surplus of $5.6 trillion. We are told now the Federal Reserve Chairman said, of enormous proportion. The hard re- that the projections over the next 10 Chairman Greenspan, who opposes def- ality is that the President’s record on years of debt is somewhere around $3.5 icit-financed tax cuts. Everybody jobs shows a loss of private sector jobs trillion. knows Chairman Greenspan is a big fan for the first time since back to the ad- My question is, what are the implica- ministration of Herbert Hoover. of tax cuts but not deficit-financed tax tions for the younger generation? We The President hates that comparison. cuts. This is what he says: have heard debate about death taxes. In some ways, it is unfair because Hoo- What about a birth tax here? What are If you’re going to lower taxes, you ver presided over the Great Depression. shouldn’t be borrowing essentially the tax the obligations of the children being That is certainly not the case now. We cut. And that over the long run is not a sta- born who are accumulating the debt ble fiscal situation. are not in a depression. We are not in that is occurring here? I wonder if he a recession. But the fact is that every But that is exactly what this Presi- might comment on the IMF story and administration since Hoover has seen dent is advocating, not just for this what it means for a child born in the private sector job growth—every single year, for every year for the next 10 21st century with this kind of debt, administration, except this one. years. The President’s record on jobs, the what sort of price tag have they been Mr. President, what is the outcome President’s record on the economy, the saddled with as a result of the mis- of this set of policies? I think the President’s record on deficits and debt management of our fiscal economy? Mr. CONRAD. It is interesting. This Chairman of the Federal Reserve is is the worst record of any President we is the second warning the IMF has warning us of where this is all headed. have had, certainly in my memory, be- issued this year about the U.S. deficits Back in February, he urged a cut in So- cause he has taken a reckless fiscal and debt. This is the second time the cial Security. Future benefits must be course. We all know the story on man- curtailed. Now he has said, not only ufacturing jobs: 2.1 million manufac- International Monetary Fund has cut Social Security but cut Medicare, turing jobs were lost since January of warned us and warned the world that too. 2001. Now we get an economic report of growing U.S. deficits and debt threaten I hope people are listening. I hope the President in February of this year not only our own economic security people are paying attention because saying they ought to consider changing but the world’s economic security. that is exactly where the Bush fiscal the definition of manufacturing jobs. Why? Because as the United States ac- plan is leading. It is leading to cuts— The way out of this is not to create cumulates more and more debt, at dramatic cuts—in Social Security and more manufacturing jobs, it is to some point those dollars that we are Medicare. That is where this is all change the definition of what is a man- sending—that are being borrowed by headed. Why? In part, it is because the ufacturing job. Here is what the Presi- us, money that is coming from China tax cuts the President has gotten dent’s economic report said: and Japan and, amazingly enough, passed overwhelmingly go to the South Korea—can you imagine that we The definition of a manufactured product wealthiest among us; 68.7 percent of is not straightforward. When a fast food res- have borrowed $60 billion from South the benefits went to the top 20 percent. taurant sells a hamburger, for example, is it Korea. At some point, that money has What is most startling is over a third providing a service or is it combining inputs to be repaid. How is it repaid? How can of the benefits—right at a third, 33.1 to manufacture a product? it be repaid? Well, we have to reduce

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.028 S22PT1 S9486 CONGRESSIONAL RECORD — SENATE September 22, 2004 our standard of living in order to from North Dakota. We talk about ris- cal picture in shape, or we are going to produce the funds to pay back the rest ing interest rates, and we are talking pay an awful price. of the world. about some tax cuts. As I understand When we think of the IMF warning Mr. DODD. Mr. President, I was it, when we begin to talk about an in- countries about their economic policies stunned by those numbers. As I recall, terest rate hike, which we invariably or fiscal policies, we are normally talk- I think you said that we have borrowed are going to see, the actual cost of a ing about third and fourth world na- around $600 billion from Japan, about college loan, a home mortgage, a car tions. Here is the head of the IMF now $150 billion from China, and billions payment, or any other obligation telling the greatest economy in the more from other countries. To make which most middle-income families history of the world: You better get the picture clear, that is like a bank have to borrow to meet these obliga- your act together; not only are you holding a mortgage on your home. tions—we have watched higher edu- going to hurt yourself, but you are They hold the paper on America. They cation costs go up more than 30 per- going to hurt the world economy. can call due those notes at any time, I cent; we have watched health care pre- In a few days, Americans have a presume, or within a reasonable time, miums go up 45 percent; we have choice to make, and the choice the and could insist upon us paying back watched the price of gasoline go up 20 Senator from North Dakota laid out is those obligations. So, in other words, percent; all under this President’s a clear one. Politics is about the fu- our economic well-being is in no small watch. To make those payments, it ture. What the Senator is talking measure tied to the desires of nations will actually exceed whatever tax cut about is the future. I am tired hearing that may not have the same goals as we may be providing to that middle-in- about debates 40 years ago. Americans we do, either in economic or foreign come family because of our inability or want to know what is going to happen policy. They hold the mortgage, in a the unwillingness of this administra- to their kids and grandchildren, and sense, on our future; is that correct? tion to actually be more responsible in the Senator from North Dakota laid Mr. CONRAD. That is exactly cor- managing the fiscal picture of this out the scenario that if we do not make rect. The foreign debt of the United country, and average consumers are the right choices, it will cost us dearly. States under this administration has going to see interest rate hikes that I thank the Senator. gone from $1 trillion to 1.8 trillion, an are going to dwarf any tax cut they f 80-percent increase in our foreign in- may get; isn’t that correct? THE TAX BILL debtedness. Mr. CONRAD. None of us can predict Mr. DODD. In 40 months. with clarity what is going to happen Mr. REID. Mr. President, we are Mr. CONRAD. In 42 months. I was with interest rates, although we know shortly going to have before us a tax teaching back home in North Dakota under this fiscal condition, interest bill that will increase the debt of this at one of the universities, and I asked rates are going to go up. Clearly, that country by, in some estimates, more the students there: Does it make a dif- is going to offset, if not completely than $1 trillion. This year’s deficit that ference, should you care, does it matter eliminate, the advantage of some of the President acknowledges is $430 bil- to you that we owe Japan almost $700 the tax reductions we get. lion. Of course, as we have learned here billion? Does it matter we owe China The PRESIDING OFFICER. The time today in the presentation of Senator over $160 billion? Does it matter that of the Senator has expired. CONRAD, the ranking member of the we have borrowed over $60 billion from Mr. CONRAD. I know we are out of Budget Committee, that doesn’t take South Korea? They said it matters. time. I ask for an additional 30 seconds into consideration the cost of the war, I said: How do you think it matters? to close. nor does it take into consideration the They said: If there is a military con- The PRESIDING OFFICER. Without fact that he is borrowing money from frontation of some kind, maybe that objection, it is so ordered. the Social Security trust fund. So the affects our ability to do things we Mr. CONRAD. Mr. President, I am debt, of course, is closer to $600 billion, might think is in the national interest going to go right to the end of my this year. because we owe them so much money. charts. Real median household income Today we learn from any newspaper On trade, can we really call their has gone down under this President. we pick up that one way the President hand when they are treating us un- That is a serious problem for this coun- is going to try to save a few bucks is by fairly in trade relationships when we try, a serious problem for the middle going after the poorest of the poor. He owe them hundreds of billions of dol- class, and wages are falling behind in- is doing this by changing housing sub- lars? And what are the consequences flation. This is something which should sidies. I quote: ‘‘The Bush administra- here if all of a sudden we do return to concern all of us because we see wage tion is changing the fair market rent economic growth and we have borrowed increases falling behind inflation. That to section 8 tenants. The Government all this money and we have to start is why people feel squeezed, and we pays tenants about 7 percent of this paying it back, what is the effect on in- have not seen anything yet if the fiscal amount. Here’s a sampling in metro- terest rates here? policies of the country are not altered, politan areas.’’ That is what frightens the Inter- if we do not begin to get back to fiscal This sampling will cause the hair on national Monetary Fund. That is what balance to reduce the threat to the the back of your head to come up. concerns people such as Chairman long-term economic security of our What has happened is, to help the Greenspan. That as we see rising inter- country. President pay for all the things to help est rates because of this enormous in- I thank the Chair. the rich of this country, corporate debtedness, and we have to start pay- Mr. DODD. Mr. President, I ask unan- America, he is going after the poorest ing more interest to keep getting peo- imous consent for 1 minute to conclude of the poor. The poor in Boston, section ple to loan us money, that all of a sud- my comments. 8 tenants, in a one-bedroom apartment den, the cost of servicing this debt will The PRESIDING OFFICER. Without will lose 5 percent; in a four-bedroom go up dramatically, it makes it much objection, it is so ordered. apartment, 27 percent. In Detroit, they worse, and, more importantly, for the Mr. DODD. I thank my colleagues. will lose, in a one-bedroom apartment, economy—because we have millions of Mr. President, I thank the Senator 6 percent; a four-bedroom apartment, people who have variable interest rates from North Dakota for taking a little 21 percent. In New Haven, they will on their homes, on their cars, on their time to go over this issue. These are lose 4 percent on a one-bedroom, 21 per- student loans—these interest rates will our choices. There are those who may cent on a four-bedroom; in Trenton, 18 start going up dramatically because think the path we are on is a reason- percent on a four-bedroom; in Atlanta, countries are less willing to continue able and sound one, that these numbers 16 percent; in New York City, 14 per- to loan us money, and all of a sudden really do not make any difference. We cent; in Philadelphia, 13 percent. On the economic strength of America is hear that all the time: Deficits don’t and on with these slashes that affect weakened. matter. My colleague from North Da- the poorest of the poor. Mr. DODD. Mr. President, if I may kota has laid out exactly why they do I hope the people around this country further add, that is just the exact point matter and why we are going to have are seeing what has happened to the I wanted to raise with my colleague to pay for these things and get our fis- fiber of our country. We used to talk

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.030 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9487 about a safety net. There is no safety for that support in the future.’’ [And by the I hear stories every day of people who net anymore. It has been eradicated in way] ‘‘We have help available to write letters have gone to the Web site for Medicare the last 4 years. Section 8 tenants in if the signer is not comfortable drafting the and tried to wade through all of the the major cities of America are going letter entirely on their own.’’ cards—up to 70-some different cards— to really suffer. It is too bad. It is too For $3,750 plus expenses, health care to figure out how to get some kind of bad that the poor are getting poorer, officials must be available as an expert discount. Then they look at prices con- the rich are getting richer, the middle source of information to the media and tinuing to go up. class is becoming smaller and smaller. that community and personally stop by I had a lady the other day tell me she That is what this administration has the offices of their Congressman and bought the card, paid $25, and a couple done to America. Senators and thank them. of weeks later the medicine she was I yield the floor, and any time I have This is also very important as part of taking no longer had the discount, and left in morning business, I yield back. the deliverability. They must bring at she didn’t get her money back. least one senior or health care commu- f People know. That is the great thing nity leader to stand up at a townhall about our country. It doesn’t matter LOBBYING ABOUT MEDICARE meeting and thank the lawmaker. I what you have or how much you spend. look forward to that. Ms. STABENOW. Mr. President, I felt People know whether they are better The DCI group also asked the health compelled to come to the Senate floor off. People know what is really hap- care consultant to speak out on their today to respond to something I read pening. own in support of the drug card. today that was in the newspaper, the We need to get about the business of Finally, every Wednesday from now Hill, that relates to another effort to getting this Medicare prescription drug until the 31st they are expected to send confuse people about what happened bill right. We need to go back and do it a report to the DCI that answers many with the Medicare prescription drug over again, and do it right. Phar- questions, including how many events bill, the Medicare cards that I hate to macists need to have the ability of they attended. Did you speak in favor even call discount cards because they doing business with pharmacists in of the card and benefit? How many are not discounts. In fact, we are now Canada who can really cut prices in health care leaders did you ask to stop seeing an effort to pay people to reach half. Then we don’t have to pay con- by the office of their Congressman or out and say something nice about the sultants $3,750 plus expenses to go find Senators? And how many actually did. the senior citizen who would say some- Medicare prescription drug bill and to Then it says you will be responsible get seniors to do it. Let me read to you thing nice about a Medicare bill. Peo- for acting as a local spokesperson at ple would say it because it would be some of this article. community events and media to get A Republican lobbying firm is offering true and it would be real. health care professionals’ opinions, But in the meantime, I say to folks healthcare consultants almost $4,000 each to which goes a long way in making the find senior citizens who are willing to speak who are today trying to figure out who out in favor of the Medicare drug discount story seem credible to the general pub- to pay for their medicine, you might card and write letters to Congress thanking lic. want to try offering, during the next 6 members for saving them money on pharma- Reached yesterday, the lady involved weeks, to say something nice about the ceuticals. initially denied she was involved in Medicare bill for $3,750 plus expenses. I Obviously, it is difficult to find peo- this campaign. But when told that her know it would buy my mom a lot of ple to do that, so now they are paying e-mail had been distributed widely, she medicine. It would buy a lot of folks a people to go out in the form of head- said, ‘‘I can’t talk about it.’’ lot of medicine, and it would be a bet- hunters, if you will, to find people who I feel compelled to talk about this ter way to spend it than have more lob- are willing to say something nice about and to take a moment and say that byists trying to tell folks something the new Medicare prescription drug $3,750 will buy a lot of Medicare for that is not true. bill. seniors. In fact, I am tempted to actu- The PRESIDING OFFICER. All time ally encourage seniors in my State and The DCI Group, a Washington, DC-based has expired. lobbying shop that advertises to potential around the country to offer to say The Senator from Kansas. clients that it can treat ‘‘corporate issues something nice between now and the Mr. ROBERTS. Mr. President, I ask like campaigns,’’ is offering healthcare con- election because they can buy a lot of unanimous consent that the remainder sultants $3,750 plus expenses over six weeks medicine with this. That would be a of the morning business time be re- [between now and the election] to generate better way to put it if, in fact, we were served. positive news stories about the drug card and giving it directly to seniors. offer support to Congress for voting for the The PRESIDING OFFICER. Without The truth is, this was a good bill. If objection, it is so ordered. Medicare drug law . . . the discount cards were really a dis- A recent e-mail sent from the DCI Group’s f Starlee Rhoades to healthcare consultants count, if the Medicare prescription says that the campaign will run from Sep- drug bill was really good for seniors, CONCLUSION OF MORNING tember 15 to October 31 and that the client is you would not have to pay consultants BUSINESS RetireSafe, which has sponsored the hiring $3,750 plus expenses for 6 weeks. And The PRESIDING OFFICER. Morning of healthcare consultants . . . the truth is, it doesn’t matter how business is closed. to go out and say good things about the much you pay. Seniors know. They are f Medicare prescription drug bill. the ones who have to write the checks. The DCI Group represents the Pharma- They are the ones who have to go to EXECUTIVE SESSION ceutical Research and Manufacturers of the counter every day and every month America—PhRMA. to look at what the bill is and decide if NOMINATION OF PORTER J. GOSS That is not surprising. they walk away with their medicine or leave it there at the counter. They are TO BE DIRECTOR OF CENTRAL Tony Feather, who helped found the DCI INTELLIGENCE Group, has close ties to President Bush’s top the ones who decide whether they take political adviser, Karl Rove. them every other day, cut them in half, The PRESIDING OFFICER. Under Also not a surprise. share them with their spouse, maybe the previous order, the Senate will now don’t get the medicine, pick it up proceed to executive session to begin The DCI Group e-mail to healthcare consultants, obtained by The Hill, stipulates a today or get their medicine another consideration of Calendar No. 815, number of ‘‘minimum deliverables’’ that day. which the clerk will report. come with the job of touting the drug card. This is real for people. No matter The legislative clerk read the nomi- Or duties, if you will. how many consultants are paid $3,750 nation of PORTER J. GOSS, of Florida, plus expenses, people know. It is unfor- to be Director of Central Intelligence. The e-mail says that RetireSafe wants seniors, families of seniors and healthcare com- tunate that there are those who under- The PRESIDING OFFICER. Under munity leaders ‘‘to send letters to their con- estimate the intelligence of older peo- the previous order, there are 6 hours of gressmen and senators thanking them for ple in our country, their families, or debate on the nomination equally di- supporting the Medicare benefit, or asking the disabled. They know. vided between the chairman and vice

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.033 S22PT1 S9488 CONGRESSIONAL RECORD — SENATE September 22, 2004 chairman of the Select Committee on 2 days of public hearings to respond to ligence to keep the President and pol- Intelligence. members’ concerns and questions. He icymakers informed about these The Senator from Kansas. took these hearings very seriously and threats. Mr. ROBERTS. Mr. President, I ask with attention to detail demanded by And if that were not daunting unanimous consent that any quorum consideration for a position that has in enough, Mr. GOSS has been nominated calls that take place during the consid- the past been part of the Cabinet. for a position which in all probability eration of the Goss nomination be In my opinion, during his confirma- may not exist for much longer. As Sen- charged equally to both sides. tion hearings Mr. GOSS showed the ators know, the President and many in The PRESIDING OFFICER. Without qualities we want to see in a good DCI. the Congress now support the creation objection, it is so ordered. They are coolness under pressure, a of a new national intelligence director. Mr. ROBERTS. Mr. President, I rise willingness to look at alternative views There has been a great deal of discus- today to urge my colleagues in the and, very importantly, a willingness to sion among my colleagues about re- Senate to confirm Mr. PORTER J. GOSS, ‘‘take a few licks’’ for past judgments. form. Above all, we must ensure that a of Florida, to be the next Director of Most important of all, he dem- national intelligence director is some- Intelligence. onstrated his ability to put the law- thing more than a weak and ineffective On August 10, 2004, President Bush maker’s so-called partisan hat aside figurehead. nominated PORTER GOSS to be the next and take up the strictly nonpartisan Most of the debate outside the Intel- Director of Central Intelligence, or the duties of this critical executive branch ligence Committee has centered on DCI. In doing so, the President stated office. how to grant increased authority to that Mr. GOSS ‘‘is a leader with strong As I noted at Mr. GOSS’s first public the new national intelligence director experience in intelligence and in the hearing on September 14, the role of while leaving the structural status quo fight against terrorism. He knows the the Director of Central Intelligence is undisturbed. CIA inside and out. He is the right man of paramount importance to the secu- Many on the Intelligence Committee to lead this important agency at this rity of this Nation. It is also one of the believe this is simply unworkable. In critical moment in our Nation’s his- most challenging jobs in the executive other words, significant structural tory.’’ branch today. change is vital to real reform. I believe Obviously, this Nation is currently The Goss nomination was received in strongly that we must create a new engaged in a war not only in Iraq, not the Senate on September 7. On Sep- structure. This new structure must ac- only in Afghanistan, but elsewhere tember 14 and September 20, the Select commodate the diverse activities of around the globe. In this war, for the Committee on Intelligence held ex- our intelligence agency by giving di- most part there are no trenches. There traordinary open hearings on this nom- rect responsibility and control of pri- is no barbed wire. There is no well-de- ination that were televised and widely mary intelligence disciplines and the fined no man’s land. On the contrary, covered in the press. corresponding agencies to a truly em- in this war of shadows and darkness, At the September 14 hearing, Mr. powered national intelligence director intelligence defines the front line and GOSS was introduced to the committee and his assistants. And true empower- indicates its weak points and gaps. by both of Florida’s distinguished Sen- Recently, a distinguished former Na- ment includes both budget authority ators, BOB GRAHAM, former chairman tional Security Adviser remarked to and line authority to direct and con- of the Select Committee on Intel- Senators that during the last 3 years trol the activities of the intelligence ligence, and BILL NELSON, who is well our world has changed dramatically. In activities. One without the other may known to the Intelligence Committee the old world, the threats were posed leave us with an intelligence head who as an interested and informed sup- by nation states and organized mili- can neither succeed nor be held ac- porter of our efforts. tary forces. In our new world, the countable, and that would be a most That both Florida Senators reached greatest threats may be domestic. unfortunate outcome. across the aisle to support this nomi- These threats may come from nation We don’t know how or when reform nation is a testament to the wide bi- states and their agents and terrorist will finally be enacted. Until then, partisan support that it does enjoy. groups such as al-Qaida. Organized however, we need a strong Director of After 2 days of thorough and wide- military conflict is only one of many Central Intelligence with the necessary ranging public hearings, the Goss nom- threats. skills to manage a community which ination was placed before the Intel- In our new world, we are not fighting needs reform. PORTER GOSS under- ligence Committee membership for a against nation states but against a net- stands these issues. As chairman of the vote yesterday morning. work of disparate terrorist groups that House Intelligence Committee he In yet another impressive display of operate not only in the shadows but at helped create momentum for reform. bipartisanship, the committee ap- times right in our own midst. Whether PORTER GOSS will be a good man to proved the Goss nomination and or- Afghanistan or Iraq or here at home, have in the intelligence community dered it reported in a vote of 12 to 4. At defeating this enemy depends pri- driver’s seat as Congress, in coopera- this time, I would like to congratulate marily upon the ability of our intel- tion with the executive branch, goes the Intelligence Committee members ligence services to locate, to penetrate through the consideration of major re- of both parties for their sober, pene- and, yes, to destroy the terrorist cells. form. His unique background will serve trating, and thorough consideration of We are involved in a world war which him well as he meets these and other this nomination. The committee’s han- requires timely and actionable intel- challenges while directing our intel- dling of this nomination is very much ligence to ensure victory and the safe- ligence community. in keeping with the bipartisan spirit ty of the American people. For over 40 years, PORTER GOSS has that has animated its work during a The Director of Central Intelligence been serving his Nation, his State, and very difficult year of challenges in the is personally responsible for producing his community. As an Army intel- global war on terrorism in Iraq and in this intelligence. As we fight Islamic ligence officer, a clandestine CIA case other areas around the world. terror, other global threats continue to officer, a newspaper man, a county This bipartisan spirit did produce im- menace our Nation, and among them commissioner, a U.S. Representative, portant steps forward, such as the com- are these: The development of nuclear and chairman of the House Intelligence mittee’s report on Iraq WMD, in under- programs by adversary regimes such as Committee, PORTER GOSS has done his standing intelligence problems and those in Iran and also North Korea; the duty with skill, with honor, and with gaps and also making recommenda- steady transformation of the People’s integrity. I believe, and Members on tions in that regard. Republic of China into a power capable both sides agree, that his experience As such, the committee’s work will of challenging our interests broadly makes him uniquely suited to serve as certainly help Mr. GOSS as he strives to and exercising influence over the re- the Director of Central Intelligence. make the intelligence community bet- gion; and the continuing worldwide ex- I have known Mr. GOSS personally for ter and to produce the best possible in- pansion of WMD technology. 16 years. I served with him in the other telligence product. I want to say I also The Director of Central Intelligence body, the House of Representatives. I appreciate Mr. GOSS’s efforts during his is also responsible for producing intel- have worked with him on a weekly

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.036 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9489 basis since I joined the Intelligence with them and overcome them. That is I rise today in support of the nomina- Committee. I have formed a strong what is happening now, with structural tion of PORTER GOSS to be the Director opinion about his fitness to lead the in- intelligence community reform. POR- of Central Intelligence. There is no telligence community. TER GOSS’s task will be to open the new more important time in the history of One of PORTER GOSS’s most impor- chapter and lead the intelligence com- our country, from an intelligence per- tant characteristics is that he does not munity into that fresh start. spective, than we are in today. PORTER ride in a partisan posse. In that sense Today, perhaps our highest legisla- GOSS has been nominated by the Presi- and in many others, the President has tive priority is to repair what is broken dent to be the chief intelligence officer selected an outstanding public servant in the intelligence community. We for the United States. PORTER GOSS to be his principal adviser on intel- must not let this laudable desire immo- brings to the office an unparalleled ligence. bilize us. wealth of experience and knowledge In concluding my opening statement John McLaughlin, the Acting Direc- relative to intelligence matters. POR- on the Goss nomination, I would like tor, has done a professional and com- TER GOSS has been a friend of mine for to underscore an important point. If, as mendable job as the Acting DCI. He, no 10 years, and I bring to this argument I earnestly hope, the Senate approves less than the rank and file of the intel- and this debate a little bit different this nomination today, this body will ligence community, needs long-term, perspective than any other Member of not simply have performed a routine permanent leadership, and we need it this body because I served in the House pro forma duty. On the contrary, POR- now. of Representatives for 8 years with TER GOSS’s confirmation as the DCI One of the concerns voiced by the 9/ PORTER GOSS, the last 2 as a member of represents perhaps the most important 11 Commission was that it takes too the House Intelligence Committee changing of the guard for our intel- long to put key intelligence commu- under the chairmanship of PORTER ligence community since 1947. This nity officials into place. In the case of GOSS. confirmation represents a fresh start this nomination, I believe the Senate During the last 2 years as a Member for our Nation’s intelligence commu- definitely got the message. The watch of the Senate and as a member of the nity. He will be the first Director of word for this nomination since the be- Senate Select Committee on Intel- Central Intelligence in a new and hope- ginning has been goodwill and biparti- ligence, I have continued a relationship fully better intelligence community. It sanship. As I stated at the beginning, with PORTER GOSS in the intelligence community. Both before September 11 is not the same entity that George Senators GRAHAM and NELSON of Flor- and subsequent to September 11, I have Tenet inherited when he was confirmed ida introduced and strongly endorsed seen PORTER GOSS in the trenches by this body 7 years ago. this nominee at his first confirmation doing the kind of work that lawmakers It is not the same entity that existed hearing. We had an impressive bipar- have to do relative to their day-to-day on September 10, 2001. The intelligence tisan vote on this nomination in the jobs. Nobody has provided stronger community has undergone vitally im- Senate Intelligence Committee. The leadership on the issue of intelligence portant changes since the terrorist at- ranking member of the House Intel- than PORTER GOSS has, both before tacks of 2001. These changes are the re- ligence Committee, the Honorable Ms. September 11 as well as after Sep- sult of many factors: statutory require- JANE HARMAN, has pointed with pride ments, Executive orders, and other tember 11, and more significantly after. to her committee’s involvement in in- As I think about the arguments that major changes in policy. That snapshot telligence reform under Mr. GOSS’s have been brought forth in the public that we took of the intelligence com- chairmanship. Expressions of support hearings over the last couple of weeks munity back on September 10, 2001, and for this nomination have come from regarding Mr. GOSS, the primary thrust the snapshot today is much better in both sides of the aisle and both sides of of the negative arguments have been terms of improvement. A key factor is Capitol Hill. that he is too partisan and too political the vigilance and dedication of the in- This nominee is ready to go to work to carry out the job of the DCI. telligence community rank and file, to and he is needed. I urge the Senate to Well, I will say this about this man include those men and women who, confirm him as soon as possible. I, per- for whom I have so much respect: I today, as I speak, are putting their sonally, and I think I speak for the have seen him in an atmosphere of lives at risk in remote and dangerous members of the Intelligence Com- committee work. I have seen him in an places to protect our Nation. mittee, look forward to working with atmosphere of social work. I have seen Still other changes are on the imme- PORTER GOSS, the next and possibly him in an atmosphere of operating on diate horizon as Congress considers last DCI. the floor of the House of Representa- major intelligence reform. So let us I understand the vice chair is waiting tives. Certainly, there is nobody who is understand clearly what we do here to speak, but I ask his indulgence to a stronger advocate for his position on today. PORTER GOSS, as the new DCI, permit Senator CHAMBLISS to speak any issue than PORTER GOSS. He is very will lead a new intelligence community first. direct. He is very plain spoken, and it into a new chapter. Senate confirma- Mr. ROCKEFELLER. Yes. is pretty obvious which side of the tion of PORTER GOSS does not mean Mr. ROBERTS. How much time does issue he is on. But he always does his simply painting a new name on the the Senator request? arguing in a very respectful way, and mailbox at Langley. It represents the Mr. CHAMBLISS. I request 7 min- in a way which advocates his position opening of a new era for the intel- utes. but does not get into personalities. Un- ligence community. The errors and Mr. ROBERTS. I yield him such time fortunately, that is where the partisan- omissions of Iraq are well known. They as he would consume. ship occurs in both this body and the must be corrected. The PRESIDING OFFICER (Mr. body across the U.S. Capitol. Steps have been taken and will be BUNNING). The Senator from Georgia. PORTER GOSS has conducted himself taken to ensure that. The errors and Mr. CHAMBLISS. Mr. President, I in a professional and nonpartisan way the omissions of 9/11 are very clearly appreciate the Senator from West Vir- as chairman of the House Select Com- and thoroughly described in both the ginia allowing me to go before him. mittee on Intelligence, as well as a joint inquiry that was conducted by The leadership that the chairman and member of the Rules Committee and the Senate Intelligence Committee, the the vice chairman of the Senate Intel- otherwise in the U.S. House. He is a House Intelligence Committee, and the ligence Committee have provided has strong advocate for his positions but he 9/11 Commission Report. been unparalleled in this difficult time is not a partisan person. These errors and omissions must and in the history of our country. Both I will discuss very quickly why I feel will be corrected. PORTER GOSS’s task Senators have conducted themselves in so strongly about his background and will be to build, inspire, and open a new a very professional way and have what it brings to the table relative to chapter in our intelligence activities. brought continued honor and dignity his confirmation. PORTER GOSS started We must never forget the errors of the to the Senate Intelligence Committee out early in his career as a military in- past or their human cost. Likewise, we in a bipartisan way, and I want to pub- telligence officer in the U.S. Army. He should not dwell on them or allow licly commend both of them for their then moved into the realm of the Cen- them to paralyze us. We must grapple leadership. tral Intelligence Agency and was a

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.038 S22PT1 S9490 CONGRESSIONAL RECORD — SENATE September 22, 2004 clandestine officer for the CIA in two community around the world—not be- tion for actions that we may take, and different overseas posts. He knows the cause he is just a good guy but because to ensure victory for our forces that people within the CIA. A number of in- they respect him for the work he has are deployed in the real-life battles dividuals who he served with during his done and they respect him for the against those who threaten us or CIA years are still employees at the knowledge and the experience he brings threaten national security. Our na- CIA. He knows not only the organiza- to the table relative to the intelligence tional security depends on the ability tion, but he knows the personalities, community. of intelligence services to locate, pene- and he knows the kinds of people who I strongly support the nomination of trate, identify targets, and/or destroy are led, and the kinds of people who PORTER GOSS to be the next Director of terrorist cells. need to lead at the Central Intelligence Central Intelligence. I ask my col- In addition, we need a Director of Agency. leagues to review the record on Mr. Central Intelligence who will keep pol- PORTER GOSS followed his time as an GOSS, listen to the debates, but at the icymakers informed about other global Intelligence Officer in the field with 8 end of the day I hope we will send a re- threats facing our Nation. And, yes, years as chairman of the House Select sounding message to the President, and while we are looking at the war on ter- Committee on Intelligence. He has cov- that is: You have picked the right man. rorism, we need to be concerned about ered the spectrum from an intelligence Let’s confirm PORTER GOSS as Director and following developments about the perspective. He has been on the ground of Central Intelligence and move for- possible nuclear program advances or as an Army intelligence officer, and ward. missile advances in Iran and North the Department of Defense is the larg- I yield the floor. Korea, the steady growth of troubling est customer of the CIA. He has been at Mr. ROBERTS. Mr. President, I yield developments in other major world the ground level of the CIA, where the such time as he may use to the distin- powers, and the continuing prolifera- real work is done and where the real guished Senator from Missouri, a mem- tion of weapons of mass destruction intelligence is gathered, by being a ber of the Intelligence Committee. technology. clandestine officer within the CIA. The PRESIDING OFFICER. The Sen- The intelligence community needs a Then in his years as chairman of the ator from Missouri. leader right now, the support of the House Select Committee on Intel- Mr. BOND. Mr. President, I thank my President, and the support of this body ligence he has been in a position to distinguished chairman. who has the experience coupled with a provide oversight for the work that not It is a pleasure today to rise in sup- commitment to reform. I am convinced only he did as an active member of the port of PORTER GOSS to be Director of that PORTER GOSS possesses these intelligence community but following, the Central Intelligence Agency. The qualities. He was a former intelligence particularly, post-September 11 he has Senate Intelligence Committee has officer, a former CIA clandestine offi- provided the oversight and been crit- done its due diligence. It has done its cer, and as chairman of the House In- ical where he needed to be critical, and duty with regard to examining the telligence Committee, where he prob- yet complimentary where he needed to nominee’s fitness and qualification for ably also went in harm’s way to handle that post, PORTER GOSS clearly knows compliment the intelligence commu- the post of Director of the Central In- the intelligence business and has the nity relative to the work they were telligence Agency. His nomination should be approved without delay. experience. doing. As cochairman of the joint House- I don’t know of anyone else who has Much of the work that goes on in the Senate inquiry into the 9/11 intel- the same diversified background as a Intelligence Committee is conducted in ligence failures, he is intimately aware soldier, a clandestine case officer, and confidence because of the need to of the problems currently existing a legislator as does PORTER. It is pretty maintain confidentiality. But I will say within the intelligence community’s obvious that his background and vast that the thorough hearings we had on ability to counter terrorists. He is experience are two of the main reasons Congressman GOSS were similar to the someone who will work with the Con- why the President selected Mr. GOSS to thorough hearings we have had on all gress and the administration to imple- be the next Director of Central Intel- of the subjects brought under the jurisdiction and supervision of our distin- ment needed reforms. ligence. Mr. GOSS has also earned the respect guished chairman from Kansas, along PORTER GOSS is a personal friend and of his colleagues and fellow policy- with the ranking Democratic member he is somebody for whom I have great makers on both sides of the aisle. One from West Virginia. respect. I know what kind of family of the most, if not the most important There is no question that there is a man he is, I know the strength of his principles that applies to our intel- lot of important work awaiting the character, and I know his dedication to ligence community and our oversight new Director of Central Intelligence. duty, which is why he accepted the should be our nonpartisanship. nomination to become our next DCI. I Somebody has to be in charge. We are PORTER GOSS has been praised by his also know the wealth of intelligence at war with those who seek to destroy Democratic colleagues year after year background he will bring to the table us and all freedom-loving people’s way for being nonpartisan on national secu- as our next DCI. of life. rity. The main point I want to conclude Whether we have a new national Di- Senator GRAHAM of Florida said of with is the fact that we are in a very rector of Intelligence, whether we have PORTER GOSS, in our hearing: complex world. We are in a world where a CIA Director with expanded powers He is uniquely qualified to be here today as intelligence matters. We are in a world or limited powers, the fact remains the President’s nominee to serve as the Di- where we need to have the cooperation that we need to move forward with the rector of Central Intelligence. . . . He is a of our allies around the world to col- nomination of PORTER GOSS. man of great character, unusual intelligence, lect intelligence against common en- We have a long way to go to hash out a tremendous work ethic and an outstanding emies and common threats. what kinds of changes we are going to personal and professional standard of integrity. I have been with PORTER GOSS when make to the organization of the intel- he has had meetings with numerous— ligence committee. The more I hear, Senator GRAHAM also went on to say: too many to detail—heads of the intel- the more I watch other committees In addition to those personal qualities, ligence communities of our allies, both working, the more divergence of opin- when it comes to the intelligence commu- abroad as well as here in Washington. I nity, Congressman GOSS has, in my judg- ions I see. Whatever structure we have, ment, a balanced perspective, a perspective have seen the rapport and the relation- we need somebody to control intel- gained both as an insider and then as an out- ship he enjoys with these individuals. I ligence and make sure we put it on the sider. For a decade, early in his career, Con- have been to other countries around right path. gressman GOSS served our Nation in both the the world to meet with the heads of A cornerstone of our fight in the war Army and the CIA. He knows firsthand the their intelligence agencies, and the against terrorists, as well as other value and the risk of clandestine operations. first question they will ask is not how challenges that confront us, is the I could cite many other statements am I doing but, ‘‘How is my friend POR- paramount need for timely and action- by leaders in both bodies. Senator BILL TER GOSS doing?’’ He has an unparal- able intelligence to ensure good policy NELSON of Florida, last month, said of leled relationship with the intelligence decisions, to ensure adequate prepara- Representative GOSS:

VerDate Aug 04 2004 01:50 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.040 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9491 He’s a class act. Goss combines all of those Those who question PORTER GOSS’s tember 11 and leading up to the war in characteristics, which are kind of somebody commitment to change must remember Iraq have left the intelligence commu- I like. that his leadership and dedication to nity’s credibility bruised and their My colleague and friend from Mis- intelligence community reform is ap- image tarnished, which none of us souri, Representative IKE SKELTON, the parent in his work on the ‘‘Joint In- wants. minority leader on the Armed Services quiry into Intelligence Community Ac- The community’s objectivity, their Committee, said, in 1997, talking about tivities Before and After the Terrorist independence, and their competency the work on the intelligence authoriza- Attacks of September 11, 2001.’’ This have been called into question. That is tion bill: report contained 19 recommendations. fair in some cases. As a result, a bipar- I salute both the chairman, the gentleman It laid the foundation for the 9/11 Com- tisan call for reform has steadily grown from Florida [Mr. GOSS], and the ranking mission recommendations—the to the point where the Congress is on Democrat, the gentleman from Washington changes that have been the subject of the threshold of passing landmark leg- [Mr. DICKS] for their dedicated and bipartisan work. much discussion in the press over the islation, I believe and I hope, to create last several months. I believe he can work on a bipartisan a stronger, better managed intelligence Those who question Representative community before we adjourn this basis. In addition, PORTER GOSS under- GOSS’s commitment to reform as well stands the endemic deficiencies within year. I do not think we should stretch as his commitment to operate inde- it out and wait. I think we should do it, the intelligence community. There can pendent of the current administration only be true, meaningful changes if and do it now. should recall that Mr. GOSS took the there is a solid understanding of why The next Director of Central Intel- initiative to introduce his intelligence ligence will be the most important per- change is necessary. PORTER GOSS un- reform legislation on June 16 of this derstands what is broken and is deter- son for that position ever confirmed by year, H.R. 4584, which called for signifi- the Senate. Our decision on who should mined to work with us to fix what cant changes in the intelligence com- needs to be fixed and not to mess with lead the Central Intelligence Agency, munity structure in addition to pro- and the other 14 intelligence agencies, what does not need to be fixed. viding a DCI or DNI the much needed There are some glaring problems we according to the law, should not be a personnel and budgetary authority re- identified in our report on the prewar rubberstamp job. quired to be a truly effective leader. It intelligence on Iraq. One of them was The importance of this position re- should be noted that PORTER GOSS’s the poor state of human intelligence. quires a thorough examination of the legislation did not fall in lockstep with That is spies on the ground, HUMINT nominee’s record and his ability to the recent Executive order issued by as it is called in intel-speak. We did carry out the weighty responsibilities the President, thus proving that Mr. not have any. What a disaster. We also of the job. GOSS will take the necessary bold steps have problems in collection in general, As I have indicated, never before in to do what is right for the community. analysis, and the consistent problems the 57-year history of the intelligence I quoted Senator NELSON of Florida with information sharing. These are community has there been such a need earlier, but he also said of PORTER problems that PORTER GOSS has, during for a Director of Central Intelligence GOSS: his tenure as chairman of the House In- with unimpeachable character, proven . . . Congressman GOSS is someone whose telligence Committee, devoted himself leadership and management experi- public life has been illustrative of being non- ence, and strong national security cre- to improving. partisan, fair and independent. As Chairman ROBERTS mentioned in dentials. When PORTER GOSS was pressed to de- The new Director will face, in my yesterday’s open session, PORTER GOSS fend past partisan statements before held over 62 hearings on intelligence judgment, no fewer than four major our committee, he acknowledged there challenges: waging an unrelenting of- community reform issues this year. are times on Capitol Hill when par- Under Chairman GOSS’s leadership, fensive clandestine campaign against tisanship will rear its head. That is, the House Intelligence Committee ad- al-Qaida and other terrorist organiza- unfortunately, part of the job. How- vocated changes and added resources tions around the world; supporting on- ever, he told our committee the fol- annually to address the intelligence going military operations in Afghani- lowing: community’s most pressing problems, stan and Iraq; managing an intel- I well understand that I am leaving one ligence community in a state of transi- especially those related to HUMINT arena and, if confirmed, heading to another and analysis. arena that operates completely differently tion; and, restoring the intelligence His commitment to reform forced the where partisan politics are not part of the community’s lost credibility. CIA to repeal its restrictive internal job. The next Director of Central Intel- guidelines that had a ‘‘chilling effect’’ A considerable record has been cre- ligence must be extraordinarily quali- on HUMINT operations. He attempted ated, embracing both substantial com- fied in order to successfully carry out to refocus CIA analytic resources to- ment on PORTER GOSS on his nomina- these and other national security ward longer term, predictive, strategic tion and several commitments by him tasks. intelligence, and directed that more at- on intelligence matters involving I simply say all of this to say the tention be paid to language training, counterterrorism and other important stakes are enormous. Perhaps most im- breaking down stovepipes, and enhanc- activities. I stress again the impor- portantly, the next Director of Central Intelligence must be nonpartisan, inde- ing information sharing. tance of approving Mr. GOSS’s nomina- I can tell you, the stovepipes still tion at this time of paramount impor- pendent, and objective. This standard exist. We still have bureaucracies that tance in the intelligence community. I is not simply this Senator’s; it is what only want to share information up and hope my colleagues will join with the the law, the National Security Act law, down within their little fiefdoms, and chairman, with me, and other members requires specifically in language. we need somebody in charge who is of the committee in extending him our I know of no other position of impor- willing to break down those barriers support. tance in Government requiring that and make sure sensitive information is I thank the Chair and yield the floor. independence, objectivity, and non-par- shared on a need-to-know basis. The PRESIDING OFFICER. The Sen- tisanship as a requirement for con- PORTER GOSS was a member of the ator from West Virginia. firmation. The very first responsibility Aspin-Brown commission which was Mr. ROCKEFELLER. I thank the of the Director of Central Intelligence formed to assess the future direction, Presiding Officer. under the National Security Act—and priorities, and structure of the intel- Mr. President, the nomination of these are the words—says that his ad- ligence community in the post-Cold- Representative PORTER Goss to be the vice to the President, the executive War world. The commission made a next Director of the Central Intel- branch, the military, and the Congress number of recommendations, including ligence Agency comes, obviously, at an must be timely, must be objective, and looking how to streamline the DCI’s re- absolutely critical time in our Nation’s must be independent of political con- sponsibilities and give him more flexi- history. siderations, and based upon all sources bility in managing the intelligence The documented intelligence failures available to the intelligence commu- community. prior to the terrorist attacks of Sep- nity. That is the law.

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.043 S22PT1 S9492 CONGRESSIONAL RECORD — SENATE September 22, 2004 I have reviewed Representative ‘‘was leading the way to make deep and scinded $1 billion from the 1994 Intel- GOSS’s record closely. I have gone over devastating cuts in the intelligence ligence appropriations and then in- his writings and his speeches of the community’s budget’’ and ‘‘was leading creased intelligence spending over the past 10 years. We have just completed efforts in Congress to dismantle the next 4 years by the inflation rate. Rep- two open hearings, which I thought Nation’s intelligence capabilities.’’ Se- resentative GOSS’s proposal in 1995 were good hearings, in the Intelligence vere criticism. A few months later, in a would have cut not less than 4 percent Committee, where Representative GOSS June 23, 2004 statement on the floor of of the personnel from all intelligence was asked questions about his past the House, Representative GOSS agencies in each of the following 5 record, his commitment to reform the claimed that ‘‘the Democratic Party years. After the initial cut in 1994, Sen- intelligence community, and his abil- did not support the Intelligence Com- ator KERRY’s proposal would have pro- ity to be forthright, objective, and munity.’’ And in the same June floor vided significantly more funding for in- independent. debate, he offered the following jus- telligence than was appropriated by Representative GOSS is, without tification for his claim: the Congress controlled by the Repub- question, qualified in many respects. My comment is that when there was oppo- licans, beginning with the fiscal year He is a fine person. I have been able to sition to intelligence and, year after year, ef- 1996 budget. work with him well over the past few forts to cut the intelligence budget, they did Representative GOSS’s proposal, on years—that is not one of the require- come from the Democratic side through the the other hand, would have resulted in ments, but it happens to be true—both period of the 1990s. dramatically lower intelligence fund- in the joint congressional inquiry into I have gone back over the record and ing and, in fact JOHN KERRY’s proposal 9/11, and also in House-Senate con- determined that Representative GOSS’s would have resulted in $8.8 billion more ferences. His past employment with the election year claims mischaracterize for intelligence than Congressman Central Intelligence Agency, doing ex- the intelligence record of both the GOSS’s lead-cosponsored bill. tremely dangerous work, and his 7-year Democratic Party and Senator KERRY, And worse, all of the cuts Represent- tenure as chairman of the House Intel- in my judgment. He also failed to point ative GOSS proposed in 1995 would have ligence Committee, have given him out his own record as a member, and been achieved by firing 20 percent, by both an insider’s and outsider’s per- eventual chairman, of the House Intel- law, of America’s intelligence officers spective of the intelligence commu- ligence Committee during this time. at the very time the terrorist threat nity. There is no doubt that he is an Had he stated the intelligence record extremely knowledgeable person with from al-Qaida was growing. In fact, had factually, it would have taken the respect to the inner workings of the the Congress followed the Goss plan, sting out of his political attacks and Central Intelligence Agency and the the intelligence community would created an entirely different picture other agencies he is nominated to man- have had tens of thousands fewer intel- age. than the one he painted. ligence officers in the year 2000: fewer It is true that during the first two But Representative GOSS’s record is intelligence collectors in the CIA, troubling in other regards. I wish to years of the Clinton administration, NSA, and elsewhere; fewer intelligence speak about them. He has made a num- the intelligence budgets declined. That analysts across the community; fewer ber of statements relative to intel- is true. This was a period of deep cuts intelligence officers in the military ligence matters—many in the past in almost all areas of Government, as service; and fewer counterterrorism of- year—that are, in fact, highly partisan we tried to grapple with the legacy of ficers in the FBI. and displayed a willingness on his part the previous 12 years of uncontrolled The Goss plan would have made, to use intelligence issues as a political deficits. Over the next 6 years, how- using his own words, in fact, ‘‘deep and broadsword against members of the ever, the Clinton administration’s devastating cuts in the intelligence Democratic Party. Again, ordinarily, budget increased every single year for community budget.’’ But this year, an that is kind of routine around here, but intelligence. During that 6-year period, election year, Representative GOSS with respect to the Director of Central fiscal years 1996 to 2001, Republicans chose to level that charge against the Intelligence, that should not be and controlled both Houses of Congress, Democratic Party as a whole and Sen- cannot be according to the law. When and the Congress cut the President’s ator JOHN KERRY by name. Why? When taken collectively, this list of partisan request in 1996, 1997, 1998, and 2001. In asked at the nomination hearing to statements and actions on intelligence 1999, the Republican-controlled Con- reconcile these facts with his charge matters raise a serious doubt in my gress initially cut the intelligence that it was the Democrats who did not mind as to whether PORTER GOSS can budget, but then passed a large one- support intelligence, Representative be the type of nonpartisan, inde- time supplemental appropriation. GOSS simply said, ‘‘The record is the pendent, and objective national intel- In fiscal year 2001, the Republican- record,’’ about four or five times. He ligence adviser our country needs. controlled Congress returned to its pat- also refused to admit that his accusa- What is the public record of the per- tern of cutting intelligence funding. tions might have been in error. son the President has nominated to be After the 9/11 attacks, Congress once When asked whether anyone from the the next director of the CIA? Has he again passed emergency supplemental White House or the President’s reelec- been independent, objective, and non- funding. By that point, the Democrats tion campaign asked him to write the partisan on intelligence issues, again, had a majority of the Senate—briefly. March editorial and to give the June as required by law? Representative GOSS voted for every floor statement against JOHN KERRY, In March of this year, Representative Intelligence authorization bill and he said he couldn’t recall. GOSS coauthored an intelligence op-ed every Defense appropriation bill during Representative GOSS’s unwillingness piece entitled ‘‘Need Intelligence? this period. So he must have thought to be forthright in his answers on this Don’t ask John Kerry.’’ In this polit- that the so-called underfunding Presi- matter were troubling to me and a ical attack piece, he made a number of dent Clinton was requesting was ac- number of my colleagues on the com- highly charged political allegations re- ceptable. mittee. His dismissive answers to lating to intelligence spending. These Now, I want to look at exactly what tough, but as I said repeatedly, I are quotes from the Congressman: Senator KERRY proposed in 1994, and I thought fair questions lacked candor. . . . when Democrats controlled the Con- want to contrast that with a bill, H.R. I was left with doubt that as Director gress, the cuts were deep, far-reaching, and 1923, introduced by Representative Sol- of Central Intelligence, he would have devastating to the ability of the CIA to do omon that had as its first cosponsor a forceful and independent voice on in- its job to keep America safe. Congressman GOSS. telligence assessments that do not nec- . . . during the Clinton years, the Intel- ligence Community was given a clear mes- In 1994, Senator KERRY introduced a essarily support a political agenda, if sage that if they failed in politically risky bill to cut the deficit by $45 billion over there is one, of the current President. operations . . . there would be no backing 5 years—at a time when Congress was There are other instances where Rep- from the Clinton White House or the Demo- searching for ways to undo the 12 years resentative GOSS, as chairman of the cratic-controlled Congress. of uncontrolled deficits under the House Intelligence Committee, played And then Representative GOSS tar- Reagan and Bush administrations. Sen- the partisan blame game. It is against geted Senator KERRY, who he claims ator KERRY’s proposal would have re- the law for the Director of the CIA to

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.046 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9493 be involved in such. That was then. He Someone sends me a blue dress and some of action on the issue of pre-war intel- is being confirmed now. Does this DNA, I’ll have an investigation. ligence. Despite assurances over a year man’s life change completely after 15 The whole basis for the law pro- ago that the House Intelligence Com- years from partisanship to total non- tecting the identity of covered intel- mittee was evaluating the intelligence partisanship? ligence community employees from community’s performance on Iraq since In 1999, when it was disclosed that being disclosed is to protect the lives the end of the gulf war, Chairman GOSS the Chinese espionage efforts against of American intelligence officials that failed to issue the promised report on our Department of Energy weapons are endangered if their true identity is the failures and mistakes leading up to laboratories may have resulted in loss known to our adversaries. the war. of sensitive nuclear weapons design in- As a former CIA case officer and Chairman ROBERTS and I, in a thor- formation, a counter-investigation was chairman of the House Intelligence oughly bipartisan fashion, did so in a begun, eventually resulting in charges Committee, Representative GOSS 17-to-0 vote. I think we are both proud being brought against Los Alamos sci- knows this. For him to make such a of that, and justifiably so, along with entist Wen Ho Lee. statement, with its clearly implied our colleagues on the committee. The Representative GOSS repeatedly laid shot at President Clinton, was wrong, House produced nothing. They pro- the blame for this espionage activity inappropriate, and insensitive to the duced press releases, but nothing else. on the Clinton administration’s failure gravity of the matter. I hope Rep- When both the Senate Armed Serv- to protect national security. In the resentative GOSS, if confirmed by the ices Committee and the Senate Intel- final days of the 2000 Presidential elec- Senate to lead the CIA, will have a ligence Committee, as committees tion campaign, Representative GOSS more serious attitude toward the out- with shared jurisdiction, began holding took to the House floor and stated: ing of CIA employees undercover. difficult but necessary oversight hear- We have in the Clinton-Gore administra- When Richard Clarke, the coordi- ings into the improper treatment and tion seen a cultural disdain for security. nator for counterterrorism for the Na- interrogation of prisoners in Iraq, Rep- Again, Representative GOSS’s state- tional Security Council from 1993 to resentative GOSS viewed our actions ments on important intelligence issues October 2001, provided testimony to the with disdain, saying: mischaracterized the record in the at- 9/11 Commission that was clearly dam- I am not comfortable with what the Senate tempt to score political points. aging to Bush administration claims, is doing . . . I do honestly question whether or not they have balance over there on this The Cox Commission, which PORTER Representative GOSS, and others, ques- issue . . . We’ve got a circus in the Senate, GOSS served on as vice chairman, found tioned his integrity and claimed he which is always the likely place to look for that the security problems at the De- may have lied before the joint congres- this circus. partment of Energy weapons labora- sional inquiry in closed session, vowing PORTER GOSS chose to denigrate the tories predated the Clinton administra- to declassify his testimony to prove it. Senate’s investigation, while the House tion and that the Chinese espionage These claims were never substan- chose to largely ignore the matter and collection program against the weap- tiated, and when the National Security not ask the tough questions about ons lab began in the 1970s. Council forwarded to Chairman GOSS, what happened inside Abu Ghraib pris- The Cox Commission report also as requested, a declassified version of on and at other detention facilities in noted it was the Clinton administra- Richard Clarke’s testimony on June 25, Iraq or elsewhere. tion that issued Presidential Decision nearly 3 months ago, he took no action All too often, Representative GOSS’s Directive 61 requiring the Department to publicly release it so that allega- statements and actions as chairman of of Energy to improve counterintel- tions of perjury and the like could be the House Intelligence Committee ligence programs. laid to rest. seemed designed to protect the admin- Evidently, mentioning these points While the Senate voted to support istration by avoiding contentious was not helpful to Representative GOSS the creation of the independent Na- issues which could be embarrassing to when he was making sweeping state- tional 9/11 Commission, which eventu- the administration and placing blame ments about ‘‘a cultural disdain for se- ally became the Commission led by on Democrats for shortcomings in the curity,’’ which is highly offensive to Governor Tom Kean and Representa- intelligence community. me as a Democrat who is vice chairman tive Lee Hamilton, Representative Not surprisingly, one thing missing of the Intelligence Committee, and I GOSS opposed the measure on the from Representative GOSS’s records is think all Republicans and all Demo- House floor. any public statements on intelligence crats care desperately, seriously about When the Senate and House Intel- critical of Members of his own party or what happens in intelligence. ligence Committees met in the fall of the administration. During his nomina- In the rush to assign partisan blame, 2002 to conference this issue, he contin- tion hearing, Representative GOSS as- Representative GOSS ignored the ued to oppose the creation of an inde- sured the committee that these par- record. In a number of other state- pendent 9/11 Commission stating that tisan inclinations of the past would not ments, Representative GOSS erro- the issue would be decided ‘‘above my prevent him from carrying out his du- neously singled out the Clinton admin- pay grade.’’ ties as Director of Central Intelligence. istration and congressional Democrats When the Senate Intelligence Com- He said he understood the Director for cutting human intelligence pro- mittee undertook an investigation into must be an independent adviser to the grams in the 1990s that, in turn, he the use of intelligence—not the collec- President and the Congress, beyond re- said, limited the intelligence commu- tion, analysis, and production of intel- proach and beyond the reach of poli- nity’s ability to carry out its mission. ligence, but when you hand it to pol- tics. Yet it was Representative GOSS him- icymakers—the use of intelligence by While I appreciate his testimony and self who said in 1998 that human intel- the administration officials prior to commitment to being a nonpartisan ligence collection programs needed to the war as part of our broader Iraq in- Director of Intelligence, I cannot say be cut by the time the 1990s began. His telligence inquiry, Representative with absolute certainty that he will be comment specifically was: GOSS made disparaging comments exactly that. I must vote on his record. I am convinced that the U.S. clandestine about two Democratic Senators in par- I cannot vote on his promise, and I do service, the CIA Directorate of Operations ticular who, like many others in this not think the Senate should. His record was in the mid to late 1980s too large. body, are profoundly concerned about is his record. He said it. When the identity of Valerie Plame, the veracity of public statements made The truth is, Chairman GOSS and I an intelligence officer with the CIA about the U.S. intelligence agency, have a very good working relationship, whose clandestine identity is protected calling them ‘‘two old attack dogs one that I expect will continue and im- by law from unauthorized disclosure, gumming their way through artificial prove in the future. We had a good ex- was leaked and published by columnist outrage about something they should change in recent days, even during dif- Robert Novak, Representative GOSS know a lot more about and be more re- ficult nomination hearings. In contrast was asked whether the disclosure war- sponsible about.’’ to those who wish to gloss over this ranted investigation. His response was What makes this particular criticism issue, PORTER GOSS himself under- stunning. He said: curious is Representative GOSS’s lack stands exactly the dilemma that I and

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.048 S22PT1 S9494 CONGRESSIONAL RECORD — SENATE September 22, 2004 many of my colleagues face with this want to express my appreciation to the asked in the committee, good questions nomination. He knows this is one of chairman for the way he conducted the by Senator ROCKEFELLER, and I am only a handful of positions in the en- hearings, and also express my thanks willing to give the nominee the benefit tire U.S. Government that requires by to Senator ROCKEFELLER. His leader- of the doubt with respect to the par- law nonpartisanship and objectivity, ship on the committee has been invalu- tisanship issue. and in this case the demand is all the able to me. But I will tell you, the answers that greater because it is about our national I also want to commend the vice we were given with respect to why it security. chairman for an excellent statement took the nominee so long to push for PORTER GOSS openly acknowledged in this afternoon, much of which I agree changes in the intelligence community his testimony before the committee with, as he knows. still leave me unconvinced. For exam- this week that he has at times ap- PORTER GOSS is a good man and a ple, at one point in our hearings the proached national security issues with good Congressman, but his long record nominee told me it was difficult to get excessive partisanship, and he ex- of supporting business-as-usual intel- attention to the issues of intelligence pressed regret about that. And I re- ligence policies is not good enough to on his watch. He said the reason he had spect that. I believe PORTER GOSS warrant his appointment as CIA Direc- not introduced legislation is that peo- knows that in essence, on this whole tor at this dangerous hour. Mr. GOSS ple were not focused on it; it was hard question of independence, he is asking showed that on his watch, as chairman to get people’s attention. us to take it on faith, so to speak, that of the House Intelligence Committee, Let’s think about what happened in he can make a clean break from the he passed on virtually every oppor- those years when we evaluate the last 10 to 20 years of his political ca- tunity to move aggressively for reform. nominee’s response on that question. PORTER GOSS was chairman of the In- reer. His commitment to public service is I hope he is right. I very much want unquestioned, but his unwillingness to telligence Committee in 1998 when al- him to be right about that, but at end displease the powerful to force change Qaida bombed our embassies in Kenya of the day I do not think taking it on in our intelligence community is un- and Tanzania. He was chairman of the Intelligence Committee in 1999 when faith is enough for this vice chairman fortunate. the United States was investigating al- of the Intelligence Committee when it In the committee, there were three legations of Chinese theft of our nu- comes to such a critical position of Di- major areas that came up as we sought clear materials. He was chairman of rector of Central Intelligence. It does to evaluate the nominee. The first, as the Intelligence Committee when the not meet the legal standard, and it the distinguished Senator from West USS Cole was bombed by al-Qaida in does not meet my obligation, in my Virginia has talked about today, has October of 2000. And, of course, he was judgment, as vice chairman. been the issue of partisanship. The sec- chairman of the House Intelligence These are troubled times for the in- ond area at which the senior Senator Committee when we faced 9/11. from Michigan, Mr. LEVIN, looked at telligence community in our country. It took him nearly 3 years to intro- some length, was the question of the In so many ways, we are still recov- duce reform legislation after 9/11. I be- nominee’s ability to objectively ana- ering from the tragedy of 9/11. We are lieve that is not good enough. I believe lyze intelligence. The third was the grappling with the tragic impact of a chairman of a key committee can get flawed and exaggerated intelligence area that I focused on, which was why attention when that chairman wants to leading up to the war in Iraq, and we the nominee has been so slow to push use that chairmanship as a bully pulpit are struggling still to understand the aggressively for intelligence reform. to be an agent for change. I believe a I have come to the conclusion that it truth about what is happening in the chairman who is committed to intel- is possible—and we have all tried, as world. ligence reform has the chance, when he the Senator from West Virginia has Just yesterday, our President sur- bangs his gavel, to speak out for why prised and shocked many of us by dis- said, to give one the benefit of the changes are needed. missing outright the highest level of doubt in these various areas. I have A leader must lead. We all get elec- consensus view of the intelligence com- come to the conclusion that I can give tion certificates, in the U.S. Congress, munity when he said they were ‘‘just the nominee the benefit of the doubt on to try to tackle problems, important guessing’’ about the gravity of the sit- the issue of partisanship. I can give the problems, but chairmen have a special uation in Iraq. nominee the benefit of the doubt with opportunity. If you look at the long In light of all of this, I believe I owe respect to his pledge to be objective in record—and he said the record is the it to the men and women of the intel- analyzing intelligence. But I just can- record—the nominee passed on vir- ligence community to send a clear and not get over the answers we were given tually every opportunity to use his strong signal about the paramount im- during almost 9 hours of hearings with bully pulpit, to use his gavel, and to portance of independence and objec- respect to why the nominee was so work for the kind of changes that tivity. It needs to be said not only in slow to be an agent for change in the would make this country as safe as words but in action. So I will vote intelligence community. necessary. against the nomination of PORTER It is really that leadership that I find We, all of us, understand it takes GOSS to be the next DCI. so central. I have tried, as a member of courage to rock the boat. It takes cour- I sincerely hope PORTER GOSS will the committee, to be as bipartisan as I age to be an agent for bold change. But prove my vote wrong, and I told him possibly can. We understand politics if you want an example of an individual that. In fact, I intend to work with him should stop at our borders. We all who did it, an individual who is a in order to help him prove me wrong. stand ready to put in place the policies prominent Republican, you need look But based on his record of partisanship, necessary to protect America’s secu- no further than former New Jersey based on the dictates of the law, and rity, but to do that we need leadership. Governor Tom Kean and his perform- based on my own strong conviction I and others try to be bipartisan. ance as the Chair of the 9/11 Commis- against mixing politics and intel- Senator LOTT, Senator SNOWE, Senator sion. This stalwart Republican made ligence at the CIA, I must vote no. GRAHAM, and others sought, for exam- truth his only goal. He pressed Repub- I yield the floor. ple, to change the way Government licans and Democrats alike to do the I yield such time as he may consume documents are classified. I think that same. He was more successful and has to the Senator from Oregon. is an important issue, to make the already begun to engineer more change The PRESIDING OFFICER. The Sen- right structural changes in intel- than hardly anybody thought possible ator from Oregon. ligence. But if we do not get the right in this fractured political climate. Mr. WYDEN. Mr. President, in begin- information, information consistent What a boon it would have been, had ning my comments, I first want to with national security and not classi- we had the same commitment to commend the chairman, Senator ROB- fied for political purposes, we are still change on the issue of intelligence, in- ERTS, for the way in which he con- going to have problems making re- telligence reform, by the current nomi- ducted the hearing. He was eminently forms in the intelligence area. nee to head the CIA. fair. I believe I had five rounds of ques- I want to be bipartisan. I listened The current nominee had a front row tions myself for the nominee, and I carefully to the questions that were seat during all those years, the years I

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.050 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9495 outlined when those terrible acts of mittee in opposing the nomination. know if it is an impossible job, but it is terrorism occurred, when he could have Like the vice chairman, I am very a very difficult job. Let us think about pushed for reform. Yet after weeks of hopeful I will be proved wrong. As I it for a moment. going through the nominee’s record said, on the issue of partisanship, on This is the man who walks in to see and 2 full days of questioning, I am the issue of objectivity of analysis, I the President every morning, walks in hard pressed to find anywhere—in a give the nominee the benefit of the to the Oval Office and greets him, gives bill, a vote, or an inquiry—anything doubt. With respect to his willingness him the intelligence report. I think we that demonstrates the nominee will to fight aggressively for bold change, I all understand there has to be a chem- hold people accountable, for example, remain unconvinced. For that reason I istry between the President and the Di- rather than just going along with the will oppose the nominee. rector; that if there isn’t, that rela- status quo. I yield the floor. tionship—and we have seen that in the The record shows, to me, again and The PRESIDING OFFICER (Mr. past with Presidents and Directors, again, the nominee chose to play it HAGEL). The distinguished Senator sometimes there isn’t that relation- safe rather than take the risks nec- from Kansas. ship—if there isn’t that relationship, essary to bring about change in the in- Mr. ROBERTS. I yield as much time they do not talk and the country suf- telligence community. When I looked as he may need to a valued member of fers. at Mr. GOSS’s record, the first question the Intelligence Committee, the distin- There has to be a relationship of that occurred to me was could he give guished Senator from Ohio. trust, of confidence. Yet that same us some examples, some concrete ex- The PRESIDING OFFICER. The Sen- man who comes in to see the President amples of when he was willing to stand ator from Ohio. every morning where there has to be up, to go against the popular wisdom Mr. DEWINE. Mr. President, I believe that relationship, that trust, that rap- and even his own party to bring about PORTER GOSS is the right man cer- port, is also a man who has to tell the change; whether he was willing to take tainly in this crucial time in the his- President what the President does not the far less dangerous risks that we tory of our intelligence community. want to hear; a man who has to have take as Congressmen and elected offi- PORTER GOSS spent over a decade at the guts to do it; a man who has to cials than lots of other people do, cer- the CIA. He had the opportunity to see look the President in the eye and have tainly those wearing the uniform. it from the inside, to work there in a the guts to tell the President of the Right now, we need somebody to distinguished career. For the last few United States, the most powerful man head the CIA who is willing to stand years, he has had the opportunity to in the world, Mr. President, that is not up, who is willing to help this country serve in the Congress, to serve on the the way it is; or maybe a more difficult come up with policies that leave the Intelligence Committee in the House, thing to say, Mr. President, we messed Cold War mentality behind—those are and then for the last few years as the up, we were wrong 6 months ago or 3 fit for a very different kind of threat— chairman. I think it is significant that months ago, what we told you was not and to hold himself and others ac- he has been the chairman for the last right; or maybe this is the toughest countable. few years at the same time many of us thing of all to say to the President, Mr. Mr. GOSS has a long, distinguished have served on the Senate Intelligence career as a Member of Congress. I know President, we don’t know. Committee, when the force of history And when we look at some of the him personally. I served with him in has compelled all of us to examine as problems, some hypothetical, some fac- the other body. It would be hard to find we have never done before the role of tual, some of the things that occurred, a more decent individual. I will say the intelligence community in the there are very few jobs in the Govern- those have been some of the problems. world we live in today, a world con- ment of our country at which I don’t That man has to also be able to look at fronted by the failures of the intel- the President of the United States and think PORTER GOSS would do a good ligence community, where we have job. But being effective here on Capitol say, Well, here is what we think it is, taken a magnifying glass for the last Hill and in other parts of the Govern- but also there are people in the intel- several years as Members of the House ment is not where I set the bar for this ligence community who have a minor- and Members of the Senate to see ex- key appointment. The bar ought to be ity view. That man has to have the set very high because we know we have actly what is wrong with the intel- guts to tell the President that as well. great challenges ahead of us. ligence community. There has only That is a difficult job. For example, I have come to the con- been a handful of people who have had This man also is the person who pro- clusion that on the intelligence reform that experience. Some of them are in tects us every day in this world be- legislation we, hopefully, will be deal- this room today. cause he is the one who has to be in ing with on the floor of the Senate PORTER GOSS has distinguished him- charge of putting together all of the in- shortly, it may not be the structural self in that exercise as chairman of the telligence. And today it is the intel- problems that are our greatest chal- House Intelligence Committee, as the ligence that protects us just as much lenge in improving intelligence and leader in the House when we went as our national defense. The facts he making our country safer. I think through the joint Senate-House inves- comes up with, our intelligence com- there is more to it than moving the tigation. I had the chance to watch munity comes up with, are our first boxes around on an organizational him through that endeavor. I had the line of defense today. Yet we are tell- chart with respect to intelligence. I chance to watch him learn, as all of us ing this man today, if you get this job, think this is as much a people problem did, about the tragedy of September 11 at the same time you are carrying on as a structural problem. If you are and how the intelligence community this war on terrorism and you are pro- going to solve those problems, in the did not function the way we want it to viding these facts, we expect you to go area of people, human interaction, you function. as fast as you can to carry out reform. have to have leadership, you have to In PORTER GOSS we will have some- Further, we tell this man that he has have somebody who is willing to stick one who knows the community from to deal with whatever today’s crisis is. his or her neck out. the inside, but also has stood back, What we are focused on, of course, is That is where I set the bar. I think been on the other side, been on the out- terrorism today. But he has to deal the long record and the questions I side, and has looked at it to see what is with the long-term crises—nuclear pro- asked established beyond a doubt that wrong, and has looked at it in a crit- liferation, what is going on in China, PORTER GOSS is a good man. He has ical time in our history. I think that is you pick the challenge. He has to be 5 been a good legislator. But there sim- so very important as we begin the task years out, or 10 or 15 years out, and he ply is no evidence that he is willing to as a country and he begins the task as had better not get it wrong. rock the boat in the intelligence com- the new Director of the CIA to bring This is a new era for the CIA, a new munity, which I think is necessary to about needed reform. era for the intelligence community make this country as safe as it needs This is a tough job, but I believe POR- which came to maturity in the Cold to be. TER GOSS is a tough man. I believe he War, the Soviet Union versus the For that reason I join the distin- is the right man. Some people might United States. We sort of understood in guished vice chairman of our com- say this is an impossible job. I do not those decades when we developed that

VerDate Aug 04 2004 01:50 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.052 S22PT1 S9496 CONGRESSIONAL RECORD — SENATE September 22, 2004 intelligence community. Official cover sider. For a decade, early in his career, Con- issue and what he did about it and how worked pretty well. The new head of gressman Goss served our Nation in both the he took that passion and feeling he felt the intelligence community has to con- Army and the CIA. He knows firsthand the for those folks in wanting to do some- tinue that change, continue to change value and the risk of clandestine operations. thing about it. I worked with him. I Since he has been in Congress, especially as away from that. We have to move out a member and chair of the House Permanent traveled with him to Haiti, the poorest from the official cover to a nonofficial Select Committee on Intelligence, he came country in this hemisphere. I have seen cover. That is just one of the changes to know the agencies from an oversight ca- his compassion for the people of Haiti. that has to take place. It is a tough pacity. I have worked with him on the Intel- job. Senator GRAHAM continued: ligence Committee. I will be honest I think when you vote on someone’s Some have said he is too close to the intel- with you, I have had the occasion, confirmation, a lot of this is kind of a ligence agencies, that he would be too pro- many times, to pick up the phone and gut check. You don’t know what the tective of the status quo. Well, most of you call across the Capitol and ask PORTER: exact issues are going to be in the fu- served with Porter and myself on the joint What is really going on in the intel- ture. This is an intensely personal job, inquiry into the events of 9/11. I believe you ligence community? What is really as I have pointed out. The person who would join me in saying from that experience going on at the CIA? I will tell you, runs the agency, I suspect we are going Porter is a man who will be independent in each time he had an insight that was to end up giving a lot more power. If his judgments and unflinching in his criticism where he believes they are necessary. unrivaled, or rivaled by very few people PORTER GOSS is confirmed, he may end I have talked to, of what was really up with an entirely different job later Senator GRAHAM concluded with going on inside the intelligence com- on. He is going to run a big intelligence these words: munity. That is an insight that came community, but it is also an intensely I am confident he will not be a part of the about from his years of experience in- personal job in that relationship with problem but rather a leader in taking us to- side the community and his years of the Congress and that relationship ward principled, thoughtful solutions when it comes to reforming the intelligence com- experience of watching the community with all of the consumers. And the ulti- munity. I strongly recommend the confirma- in the oversight capacity while being mate consumer, of course, being the tion of Porter Goss. on the committee and of being the Commander in Chief, the President of Senator BILL NELSON also partici- chairman. the United States. pated in the September 14 Goss con- He has a passion and an under- I think it gets down to a lot of the firmation hearing. These are some of standing of the intelligence commu- person. What do you think of this guy, the things Senator NELSON had to say: nity and of what needs to be done to or woman if that be the case? Can they I think we need intelligence reform. I change it. He understands the impor- handle it? tance of human intelligence. Long be- I think it is helpful to talk to some think we need it now. And I think Porter Goss is the man to lead the effort. fore it was fashionable in this town to of the persons who know this person Senator NELSON also called PORTER be saying, oh, we have to have more best. I was struck by the testimony of ORTER OSS GOSS: human intelligence, P G was the two Senators from Florida, Senator pushing, pushing, and pushing the in- . . . a uniquely gifted individual whose BOB GRAHAM, of course, the senior Sen- telligence community for more human ator, but also significantly the chair- public life has been illustrative of being nonpartisan, fair, and independent. intelligence. man of the Select Intelligence Com- It may not have been flashy, it may mittee of the Senate, and a pretty The Senator further pointed out that: not have been with a lot of big speech- harsh critic of the intelligence commu- es, but he was there. He understood it. nity and of the administration. This is Those characteristics in this town that is so highly charged with partisanship are sore- He understood what the needs were. what he had to say: This man gets it. If you want someone Let me say at the beginning that I am not ly needed in a Director of Central Intel- ligence. to lead the reform of this community, unbiased. I believe that Porter Goss is an ex- if you want someone who understands ceptional human being and will be an excep- Those statements are from his two tional head of our Central Intelligence. colleagues on the other side of the aisle what the problems are, who can do it from the inside, if you want someone Senator GRAHAM also said: from Florida. who will have the guts to report to the Mr. Chairman, I have known PORTER GOSS I think sometimes it is good to know for well over two decades, and I can tell you and talk to people who know someone President of the United States and tell from personal experience that he is uniquely best. it like it is, PORTER GOSS is your man. qualified to be here today as the President’s Mr. President and Members of the So, Mr. President, I am proud to nominee to serve as the Director of Central Senate, let me conclude by saying I come to the floor today to recommend Intelligence. He is a man of great character, have known PORTER GOSS for a long to my colleagues, based on my personal unusual intelligence, a tremendous work time. I have dealt with him on issues experience with this man, what I have ethic, and an outstanding personal and pro- seen over the years, that we vote for fessional standard of integrity. not just in the area of intelligence. Sometimes you get to know people in his confirmation. He has a tough job Senator GRAHAM added that as Gov- the Senate and the House working in and, yes, it may be almost an impos- ernor of Florida, when he first met the sible job, but I think he is the right nominee: Congress on a variety of issues. PORTER GOSS and I had shared a trag- man at the right time at this point in Party affiliation did not matter then. ic situation when we had constituents, our history. What was necessary, good men and women I thank the Chair and yield the floor. who could carry out a difficult task. hemophiliacs who acquired AIDS because they had to take massive The PRESIDING OFFICER. The Sen- My colleagues, I believe party affili- ator from Mississippi. ation does not matter today. The chal- amounts of blood because of their con- Mr. LOTT. Mr. President, may I in- lenge that PORTER GOSS, on a much dition. The blood was tainted. It is a quire how much time is remaining on magnified scale, will face as Director of long story. I will not go into it now. each side? Central Intelligence is very analogous But the blood was tainted because we The PRESIDING OFFICER. The ma- to the challenge he faced 20 years ago thought there was an error made by jority has 124 minutes remaining; the in restoring integrity to his local com- the Federal Government, that the Fed- minority has 128 minutes remaining. munity and completing a very complex eral Government did not become in- project. volved early enough, that the Federal Mr. LOTT. Mr. President, I believe As to PORTER GOSS’s fitness to serve Government made mistakes. the chairman of the committee had in- as an independent, unbiased DCI, this I had constituents. I listened to their dicated a desire to yield 5 minutes, or is what Senator GRAHAM of Florida tragic story. PORTER GOSS listened to what time the Senator may consume, said. some constituents of his. So we both to Senator ALLARD of Colorado. It . . . when it comes to the intelligence com- moved in our respective bodies to try would be my intent to follow Senator munity, Congressman Goss has, in my judg- to bring about some help for these ALLARD. ment, a balanced perspective, a perspective folks. I saw how compassionate he was The PRESIDING OFFICER. The Sen- gained both as an insider and then as an out- and how strongly he felt about the ator from Colorado.

VerDate Aug 04 2004 01:50 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.055 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9497 Mr. ALLARD. Mr. President, I thank I am convinced Representative GOSS also commend to my colleagues the the acting chairman for yielding 5 min- is ready for this challenging task. Rep- Survey of Activities of the Permanent utes. resentative GOSS will bring a unique Select Committee on Intelligence dur- Mr. President, I would like to asso- perspective to the Director’s office in ing the 106th Congress and the 105th ciate myself with the comments of the the Central Intelligence Agency. His Congress. distinguished Senator from Ohio. I, perspective will not only drive the There being no objection, the mate- too, proudly claim PORTER GOSS as a much-needed changes in the CIA, but rial was ordered to be printed in the friend and somebody who I think will will also bring our concerns as a Con- RECORD, as follows: do a great job. gress to the agency. SURVEY OF ACTIVITIES OF THE PERMANENT SE- There is no doubt that the intel- PORTER GOSS has been an Army intel- LECT COMMITTEE ON INTELLIGENCE DURING ligence community right now is in ligence officer. He has served as a clan- THE 107TH CONGRESS somewhat disarray, concerned about destine agent in the CIA and has Mr. Goss, from the Permanent Select Com- their jobs and the job they are doing chaired the House Intelligence Com- mittee on Intelligence submitted the fol- and the public perception. mittee. There is no one better prepared lowing report. This report covers the activities of the I say, first, there are a lot of good or qualified to be the Director of the people at the Central Intelligence House Permanent Select Committee on In- Central Intelligence Agency. There telligence during the One Hundred Seventh Agency. I think Congressman GOSS rec- should be no doubt that the combina- Congress. Porter J. Goss (Republican, Flor- ognizes that. I think there are some tion of experience Representative GOSS ida) served as Chairman; Nancy Pelosi (Dem- bureaucratic problems over there, too. has will serve the American people ocrat, California) served as the Ranking Mi- I think he has the temperament to well. nority Member. deal with some of those problems. POR- I have heard concerns raised that Mr. The stated purpose of H. Res. 658 of the TER GOSS is a strong leader. He is a 95th Congress, which created the House Per- GOSS is too partisan. I simply have to quiet individual. He doesn’t grand- manent Select Committee on Intelligence, discount those concerns. This is a man stand. He is a hard worker. He is intel- was to establish a committee ‘‘to oversee who has served as an officer in the ligent and he understands the intel- and make continuing studies of the intel- Army and understands very well his ligence community. ligence and intelligence-related activities I have had an opportunity to serve on duty to the United States and to the and programs of the United States Govern- ment and to submit to the House appropriate the Intelligence Committee in the Sen- citizens he will soon swear to defend. I am pleased to see the bipartisan proposals for legislation and report to the ate for 4 years, and I even developed a House concerning such intelligence and in- greater appreciation for the job Mr. support Representative GOSS has already received. His nomination was ap- telligence-related activities and programs.’’ GOSS did on the House side in his serv- H. Res. 658 also indicated that the Com- ice on the Intelligence Committee. proved by the Senate Intelligence Com- mittee ‘‘shall make every effort to assure For those reasons, I rise to support mittee by a 12-to-4 vote. His colleague that the appropriate departments and agen- the President’s nomination to head the from Florida, BOB GRAHAM, has come cies of the United States provide informed Central Intelligence Agency. That out strongly in favor of Mr. GOSS. and timely intelligence necessary for the executive and legislative branches to make nominee is Representative PORTER It is time for the Senate to act on this nomination so we can continue the sound decisions affecting the security and GOSS. I believe he is the right man at vital interests of the Nation. It is further the the right time for the job. That has reforms to the intelligence community that are badly needed. Representative purpose of this resolution to provide vigilant been stated a couple of times already. I legislative oversight over the intelligence truly think that is the case. I am glad GOSS is prepared to take the agency in and intelligence-related activities of the to see other colleagues recognize that a direction that will strengthen our United States to assure that such activities fact. I am asking my colleagues to join collection and analytical intelligence are in conformity with the Constitution and me in voting for his confirmation. activities and provide the information the laws of the United States.’’ The intelligence community is at a we need to keep America safe. He is a In carrying out its mandate from the critical juncture. It is clear that after man who is truly interested in the House regarding oversight of U.S. intel- needs of our country. He is somebody ligence and intelligence-related activities, the horrific attacks of September 11, the Committee created four subcommittees: and the problems involved with uncov- that I feel I can work with on the Armed Services Committee. I have SUBCOMMITTEE ON HUMAN INTELLIGENCE, ering weapons of mass destruction in ANALYSIS, AND COUNTERINTELLIGENCE some of the intelligence programs Iraq, the intelligence community needs Jim Gibbons (R-NV), Chairman, firm leadership during a time when re- under my jurisdiction in the sub- Leonard L. Boswell (D-IA), Ranking Mem- forms are needed. The President has committee which I chair, and they are ber, heeded that call. extremely important programs. They Sherwood Boehlert (R-NY), President Bush has put into motion, are programs that are badly needed, Alcee L. Hastings (D-FL)*, through executive order, most of the they are expensive programs, and they Ray LaHood (R-IL), Silvestre Reyes (D-TX)*, recommendations of the 9/11 Commis- do have some problems. We need some- Randy ‘‘Duke’’ Cunningham (R-CA), sion, and he is committed to strength- body who has the background in intel- Gary Condit (D-CA), ening the budget authority given to ligence to tackle those, and somebody I Peter Hoekstra (R-MI), the intelligence community head ad- think I can work with. Collin C. Peterson (D-MN), ministrator. The next step in intel- I ask my colleagues to support his Richard M. Burr (R-NC), Sanford D. Bishop, Jr. (D-GA)*, ligence reform is to bring in someone nomination because I personally think Saxby Chambliss (R-GA), who is committed to reforming the he is the best man for the job. Robert E. (Bud) Cramer, Jr.* (D-AL). Central Intelligence Agency from the I yield the floor. SUBCOMMITTEE ON TECHNICAL AND TACTICAL inside out. That man is PORTER GOSS. The PRESIDING OFFICER. The Sen- INTELLIGENCE I have had the pleasure of knowing ator from Mississippi is recognized. Michael N. Castle (R-DE), Chairman, Representative GOSS personally and Mr. LOTT. I yield to the chairman. Sanford D. Bishop, Jr. (D-GA), Ranking professionally. I was lucky enough to Mr. ROBERTS. Mr. President, I will Member, serve with him in the House of Rep- be happy to soon yield to the distin- Jim Gibbons (R-NV), resentatives, and I value his knowledge guished Senator from Mississippi, a Jane Harman (D-CA), Sherwood L. Boehlert (R-NY), of national security issues. Even then, valued member of the Intelligence Alcee L. Hastings (D-FL)*, when I served with him in the House, Committee. Randy ‘‘Duke’’ Cunningham (R-CA), he was a voice both Democrats and Re- On the issue of the HPSCI activity, Silvestre Reyes (D-TX), publicans turned to when debating im- the House intelligence activity, in re- Peter Hoekstra (R-MI), portant intelligence issues, and he con- gard to reform and other intelligence Leonard L. Boswell (D-IA), Richard M. Burr (R-NC), tinues to be a leader in the House challenges during the last 3 Congresses, Robert E. (Bud) Cramer, Jr.* (D-AL), today. More importantly, I got to know which has been brought up, I ask unan- Terry Everett (R-AL). PORTER GOSS on a personal level. He is imous consent to have printed in the SUBCOMMTTEE ON INTELLIGENCE POLICY AND someone I trust and have come to call RECORD the Survey of Activities of the NATIONAL SECURITY my friend. There is no one I would Permanent Select Committee on Intel- Douglas K. Bereuter (R-Nebraska), Chair- rather see as director of the agency. ligence During the 107th Congress. I man,

VerDate Aug 04 2004 01:50 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.058 S22PT1 S9498 CONGRESSIONAL RECORD — SENATE September 22, 2004 Gary A. Condit (D-CA), Ranking Member, the Senate, the Senate Select Committee on 2003, the Committee has addressed the Ray LaHood (R-IL), Intelligence, to determine whether the IC known FIA problems as well as the need to Sanford D. Bishop, Jr. (D-GA), should have been more adept, better develop imagery alternatives if develop- Michael N. Castle (R-DE), resourced and more capable of thwarting the mental problems exist or persist. The Com- Tim Roemer (D-IN), attacks; mittee noted, however, that the Intelligence Saxby Chambliss (R-GA), — Promoted a bipartisan effort to continue Community has engaged in a continuing pat- Collin C. Peterson (D-MN), rebuilding and refining the nation’s intel- tern by which many individual programs Jim Gibbons (R-NV), ligence capabilities to meet increasingly have been provided resources with little or Terry Everett (R-AL). complex geopolitical and technological chal- no regard to the entire set of IC collection SUBCOMMITTEE ON TERRORISM AND HOMELAND lenges to national security; and capabilities, including space-based and air- SECURITY — Advanced the education of Members of borne. The Committee believes that, al- Congress and the public on matters of vital though individual systems certainly have Saxby Chambliss (R-GA), Chairman, interest to national security and the distinct Jane Harman (D-CA), Ranking Member, specific merit, it would be wiser for the In- role intelligence plays in its defense. telligence Community to consider whether Peter Hoekstra (R-MI), Although the end of the Cold War war- Gary A. Condit (D-CA), the overall collective mix brings the appro- ranted a reordering of national priorities, priate assets to bear against the range of Jim Gibbons (R-NV), the steady decline in intelligence funding Tim Roemer (D-IN), threats to U.S. national security. Moreover, since the mid-1990s left the nation with a di- the ability to fund all legacy, developmental, Ray LaHood (R-IL), minished ability to address emerging Alcee L. Hastings (D-FL)*, and desired systems has a finite limit. There- threats—such as global terrorism—and the fore, there is a critical need to review each Richard M. Burr (R-NC), technical challenges of the 21st Century. Silvestre Reyes (D-TX)*, program mindful of the strategic needs so Further, the IC’s lack of a corporate ap- that and necessary tradeoffs are made based Terry Everett (R-AL), proach to addressing enduring intelligence Robert E. (Bud) Cramer, Jr.* (D-AL). on substantive requirements. problems helped to create a culture that hin- Finally, the Committee continued its focus *Member served on Subcommittee for only dered data collection (especially human in- on a number of enduring IC challenges—the part of 107th Congress. telligence collection), data sharing, and col- need to improve NSA acquisition efforts, the SCOPE OF COMMITTEE REVIEW laborative analysis. need to improve the depth and breadth of U.S. intelligence and intelligence-related The revitalization of the National Security Human Intelligence (HUMINT), and improv- activities under the jurisdiction of the Com- Agency (NSA) was the Committee’s top pri- ing research and development (R&D). With mittee include the National Foreign Intel- ority during the 107th Congress. Although respect to NSA, the Committee has been ligence Program (NFEP), the Joint Military this continues to be one of the Committee’s pleased with the Director’s attempts to base- Intelligence Program (JMIP), and the De- priority concerns, the focus has turned to in- line current capabilities so that future needs partment of Defense Tactical Intelligence formation sharing and cross community can be properly identified and resulting ac- and Related Activities (TIARA). analysis. The Committee notes that the indi- quisition decisions can be appropriately The National Foreign Intelligence Pro- vidual intelligence agencies and, moreover, made. To assist the Director in completing gram consists of activities in the following their extremely talented and dedicated peo- these efforts, the Committee included incen- departments, agencies or other intelligence ple, labor continuously to provide the abso- tives in the Authorization Act for fiscal year elements of the government: 1) the Central lute best intelligence products possible in de- 2003. Regarding, HUMINT, the Committee fo- Intelligence Agency (CIA); 2) the Depart- fense of the Nation. These efforts are, how- cused on improvements in training, enhanc- ment of Defense; 3) the Defense Intelligence ever, generally conducted in isolation from ing technical resources to operations, and Agency (DIA); 4) the National Security one another, and, most disturbingly, existing properly funding analytic efforts. All of Agency (NSA); 5) the National Reconnais- rules and procedures often restrict informa- these capabilities are supported by R&D ef- sance Office (NRO); 6) the Departments of tion from the community’s depth and forts. Therefore, the Committee has sup- the Army, Navy, and Air Force; 7) the De- breadth of analytic talent. Therefore, those ported the Administration’s increases in basic R&D programs. The Committee be- partment of State; 8) the Department of individual efforts can usually only piece to- lieves that the IC must continuously renew Treasury; 9) the Department of Energy; 10) gether fragments of the overall intelligence itself in this ever-changing world. Intel- the Federal Bureau of Investigation (FBI); puzzle. Crucial in the post–9/11 era is having ligence is the first line of defense against 11) the National Imagery and Mapping Agen- a community that is, to the maximum ex- elusive and unstructured threats and en- cy (NIMA); and, 12) the Coast Guard (USCG). tent possible, liberated from information emies that use asymmetric means to harm The JMIP was established in 1995 to pro- sharing restrictions and one that fosters a America and her people. Only through provide integrated program management of de- culture focused on greater collaborative viding these much needed resources and a fense intelligence elements that support de- analysis. The Authorizations for fiscal years long-term commitment can the IC be pre- fense-wide or theater-level consumers. In- 2002 and 2003 included detailed language on pared for the global challenges that confront cluded within the JMIP are aggregations cre- the need for the IC to breakdown barriers to us. ated for management efficiency and charac- information sharing and the need to cease terized by similarity, either in intelligence the practice of allowing agencies to rou- INTELLIGENCE AUTHORIZATIONS FOR FISCAL discipline (e.g., Signals Intelligence and Im- tinely restrict ‘‘their data’’ from other agen- YEARS 2002 AND 2003 agery Intelligence) or function (e.g., satellite cies, including law enforcement. During the 107th Congress, particularly in In order to maximize further the IC’s ana- support and aerial reconnaissance). The pro- the aftermath of the September 11th attacks, lytic effectiveness and output, we must en- grams comprising the JMIP also fall within the Committee continued to pursue its ob- sure that the dedicated professionals of the the jurisdiction of the House Armed Services jective of rebuilding and revitalizing our na- IC are properly trained and provided the Committee. tional intelligence capabilities to better The TIARA are a diverse array of recon- skills necessary for the tasks that are re- meet the threats of the 21st century. Finally, naissance and target acquisition programs quired to fight the global war on terrorism after eight years of congressional admoni- that are a functional part of the basic mili- and other daunting threats. For a number of tion to the executive branch to develop a tary force structure and provide direct infor- years, the Committee has articulated its spe- long term funding program to correct serious mation support to military operations. cific concerns about the dearth of language and critical Intelligence Community (IC) de- TIARA, as defined by the Joint Chiefs of skills throughout the IC. The lack of depth ficiencies, the President’s budget requests Staff and the Secretary of Defense, include in the so-called ‘‘low-density’ languages was provided a down payment on the resources those military intelligence activities outside acutely experienced during operations in Af- necessary to ensure that our policymakers the defense intelligence programs that re- ghanistan The Committee finds this situa- and military commanders have timely and spond to requirements of military com- tion unacceptable and has emphasized the reliable intelligence support that is crucial to our nation’s security. manders for operational support informa- critical need for a robust effort to improve The Committee reviewed extensively the tion, as well as to national command, con- foreign language capabilities throughout the President’s budget submissions for Fiscal trol, and intelligence requirements. The pro- Intelligence Community. The Committee remains concerned about Years 2002 and 2003, fulfilling its responsi- grams comprising TIARA also fall within the the viability and effectiveness of a future bility to closely examine the nation’s intel- jurisdiction of the Armed Services Com- overhead architecture, given the apparent ligence programs and proposed expenditures. mittee. lack of a comprehensive architectural plan These reviews included substantive and pro- OVERSIGHT ACTIVITIES for the overhead system of systems, specifi- grammatic hearings, Member briefings, and During the 107th Congress, the House Per- cally in the area of imagery. For example, numerous staff briefings. Testimony on the manent Select Committee on Intelligence the Committee believes the Administration President’s budget submissions was taken (HPSCI), under the leadership of Chairman is facing a major challenge in addressing from the Director of Central Intelligence Porter Goss— technical and funding problems with the Fu- (DCI); the Assistant Secretary of Defense for — Responded effectively to the cata- ture Imagery Architecture (FIA) program Command, Control, Communications, and In- strophic attacks on September 11, 2001, by that could force untenable trades between telligence (C31); the Directors of DIA, NSA, the al Qai’da terrorists by conducting inves- critical future capabilities and legacy sys- NIMA, NRO, and the FBI; and other major tigations jointly with its sister committee in tems. In the Authorization for fiscal year intelligence program managers.

VerDate Aug 04 2004 01:50 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.013 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9499 The Committee’s examination of the Presi- being implemented to improve the access FBI: Preventing terrorism was less impor- dent’s Fiscal Years 2002 and 2003 intelligence that community analysts have to this mate- tant than solving crimes prior to 9–11, when budgets included 13 committee budget-re- rial. Further, the fiscal year 2003 authoriza- FBI decentralized CT information and inves- lated hearings principally on a program tion legislation provided significantly en- tigations. FBI also had insufficient linguists level. Additional hearings were held address- hanced funding for skills training in areas and analytic capability and an outdated IT ing the DCI’s overall budget submission, the such as foreign languages, analyst-to-analyst infrastructure. It paid little attention to fi- state of health of the IC, and the DCI’s views technical exchanges and in-area familiariza- nancial tracking, and did not share informa- and plans for the future of intelligence and tion travel. And finally, the Committee’s tion. the IC. legislation also provided critically needed di- NSA: The CT mission was not given a high In reviewing the President’s budget re- rection and funding to ensure the nation’s enough priority in the competition for lim- quests, the Committee found that the Presi- imagery architecture will be capable of sup- ited resources prior to 9–11, and NSA must dent has begun to aggressively address the porting customer needs long into the future. reform program management, systems engi- lack of investment and years of neglect that neering and integration, and budget manage- COMMITTEE INVESTIGATIONS has harmed our nation’s intelligence capa- ment for new investments to have a lasting bilities. The fiscal year 2002 budget request, Terrorism Review impact. NSA has been chronically short of submitted before the tragic events of Sep- The Committee, through its THLS Sub- linguists, and must better leverage industry tember 11, 2001, reflected no major improve- committee at the behest of the Speaker and for technical solutions to collection prob- ments or investment in intelligence capabili- Minority Leader as the focal point and co- lems. ties. The fiscal year 2003 budget submitted ordinating mechanism in the House of Rep- Congressional oversight of counterterror- by the President included the most substan- resentatives for post–9–11 counterterrorism ism is highly duplicative and inefficient. A tial increase for programs funded in the Na- and homeland security oversight activities.’’ leadership staff mechanism should be cre- tional Foreign Intelligence Program in his- Prior to the 9–11 terrorist attacks, the ated to streamline the oversight process on tory, however, the intelligence authoriza- Committee’s Working Group on Terrorism both counterterrorism and homeland secu- tions for both fiscal years 2002 and 2003 reit- and Homeland Security held numerous clas- rity matters.’’ erated the need for renewed investment by sified hearings and briefings on the terrorist JOINT INQUIRY INVESTIGATIONS focusing on enhancing programs and infor- threat, gaps in the IC’s counterterrorism ca- In February, 2002, the House Permanent mation sharing across the various IC agen- pabilities, the need for a more focused and Select Committee on Intelligence and the cies. better coordinated national effort on home- Senate Select Committee on Intelligence au- In addition to budget-related hearings, the land security, and a variety of related mat- thorized an investigation, to be conducted as Committee held over 58 committee hearings ters. a Joint Inquiry, into the Intelligence Com- and briefings on various issues vital to our Following 9–11, the Working Group was munity’s activities before and after the Sep- IC and national security. Among the subjects converted into a full subcommittee with ex- tember 11, 2001 terrorist attacks against the examined by the Committee were: terrorism, panded powers of jurisdiction to act as the United States. This bicameral investigation, HUMINT, and developments in Colombia, lead entity in formulating the House’s re- supported by a separate, unified, professional Southeast Asia, and rogue states. sponse to the attacks. The new Sub- staff, sought to identify what the Commu- Given the September 11, 2001, terrorist at- committee on Terrorism and Homeland Se- nity knew or should have known regarding tacks, the Committee’s immediate priority curity held what for the Committee was an those attacks prior to September 11th, the was, and continues to be, the effectiveness of unprecedented series of televised hearings nature of any systemic problems that may our counterterrorism efforts and the secu- culminating in a field hearing with then- have impeded the Community’s ability to rity of our nation. In the last two budget au- Mayor Rudy Giuliani in New York City. A prevent those attacks, and recommendations thorization bills, the Committee addressed significant number of closed hearings and for reform to improve the Community’s abil- critical and immediate counterterrorism briefings on all aspects of the attacks fol- ity to uncover and prevent similar attacks in needs as well as long-term intelligence issues lowed; along with a report to the Speaker the future. facing the United States. and Minority Leader on the gaps in In the months that followed, the Inquiry’s The ‘‘Intelligence Authorization Act of counterterrorism capabilities at CIA, NSA, investigative staff reviewed massive Fiscal Year 2002’’, (P.L. 107–108), in addition and the FBI leading up to 9–11. Following amounts of information within the Intel- to authorizing generally the activities of the publication of this report, the Committee, in ligence Community. This included the re- U.S. IC, directly addressed IC shortfalls in conjunction with the Senate Select Com- view of almost 500,000 pages of relevant docu- domestic counterterrorism efforts, intel- mittee on Intelligence, established a Joint ments, 300 interviews, and participation in numerous briefings and panel discussions, in- ligence collection and analysis, threat re- Investigative Staff on 9–11 that conducted a volving about 600 individuals. Although the porting, aggressive recruitment of human as- thorough investigation of the Intelligence inquiry was primarily focused on the Intel- sets, foreign language capabilities, and shar- Community’s inability to prevent the 9–11 ligence Community, the investigation also ing of intelligence information and analysis attacks. The work of the JIS included a se- considered relevant information from federal ries of open and closed hearings, and the pub- across the government. For example, the agencies outside the Intelligence Commu- lication of a classified report.’’ Congress specifically enacted legislation nity; from state and local authorities; from that repealed restrictions on human intel- Committee Investigations foreign government authorities; and from ligence sources. In the wake of the Sep- At the behest of the Speaker and Minority private sector individuals and organizations. tember 11, 2001, attacks on America, the Leader, the Committee’s Subcommittee on Building on the extensive investigative House and Senate significantly increased Terrorism and Homeland Security was di- work, the Committees held nine joint public spending authorizations for intelligence ac- rected in the immediate aftermath of 9–11 to hearings and, given the highly classified na- tivities well beyond that level requested by evaluate the performance of the CIA, and ture of much of this information, thirteen the President. The committee also directed FBI against the terrorist target. To this end, joint closed sessions. In December, 2002, both significant resource allocation to countering the Subcommittee issued a report in July Committees approved, by separate votes, the terrorism. 2002 that offered the fo11owing conclusions: classified Final Report of the Joint Inquiry. The ‘‘Intelligence Authorization Act of America’s intelligence capability short- The Committees are currently working with Fiscal Year 2003’’, (P L. 107–306), in addition falls prior to 9–11 were significantly affected the Intelligence Community in an effort to to authorizing the intelligence activities of by resource constraints imposed during declassify, consistent with national security the U.S. IC highlighted five priority areas much of the 1990s, but also by a series of interests, as much as possible of the Final that must receive significant, sustained at- questionable Intelligence Community man- Report for public release. tention if intelligence is to fulfill its role in agement decisions on funding priorities. The work of the Joint Inquiry confirmed our national security strategy. Those areas As a first step, the USG should adopt a sin- that although the Intelligence Community are: (1) improving information sharing and gle definition of terrorism, which it cur- had relevant information that was, in retro- all-source analysis; (2) improving IC profes- rently does not have at a cost of significant spect, significant regarding the September sional training with a major emphasis on de- inefficiencies. 11th attacks, the Community too often failed veloping language skills; (3) ensuring na- CIA: The availability and allocation of re- to focus on the information and to appre- tional imagery collection program viability sources, including the redirection by CIA ciate its collective significance in terms of a and effectiveness; (4) correcting enduring managers of funds for core field collection probable terrorist attack. The Inquiry’s fac- systemic problems, deficiencies in HUMINT, and analysis to headquarters bureaucracy, tual record identified not only the informa- and rebuilding a robust research and devel- hurt CIA’s counterterrorism (CT) capabili- tion that was overlooked but also a number opment program; and (5) establishing a budg- ties prior to 9–11. Internal human rights of systemic weaknesses that contributed to eting process that no longer relies so heavily guidelines issued in 1995 also had a ‘‘chilling the Community’s inability to detect and pre- on supplemental appropriations. For exam- effect’’ on CT operations, and these guide- vent the attacks. These included a lack of ple, the fiscal year 2003 legislation provided lines were only repealed after the Sub- sufficient focus on the potential for a domes- very clear policy direction to the Adminis- committee’s report was released in July 2002. tic attack, a lack of a comprehensive tration to improve the cross-community CIA chronically lacks foreign language skills counterterrorist strategy, insufficient ana- sharing of information from material seized and core CT-specific training, and has be- lytic focus and quality, a reluctance to de- as part of the global war on terrorism. This come overly reliant on foreign liaison at a velop and implement new technical capabili- resulted in new processes and procedures cost to its unilateral capability. ties aggressively, and inadequate sharing of

VerDate Aug 04 2004 01:50 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.014 S22PT1 S9500 CONGRESSIONAL RECORD — SENATE September 22, 2004 relevant counterterrorism information. To last year and a half, I have been on the at suspiciously: Oh, we can’t do that; it correct such deficiencies, the Final Report Intelligence Committee. I must confess has always been done this way. I have includes nineteen recommendations for re- that when I went on the committee, I taken the time over the years to look form, including such things as the creation thought I would be a big defender and of a Cabinet-level Director of National Intel- at a lot of these issues, and it has not ligence and prompt consideration of whether big supporter of our intelligence com- always been done this way. A lot of the FBI, or a new agency, should perform the munity, because I think that what they what we do and say around here, which domestic intelligence functions of the U.S. do is so important. I do support the some say is sacrosanct and cannot be Government. men and women who work in that com- changed, is relatively new. It evolved OPEN HEARINGS munity. over the years. During the 107th Congress, the Committee But I must say, over the last year At some point, you have to say there held 13 open hearings on issues of concern to and a half, I have developed many con- is a higher priority, that there is some- the Intelligence Community and the Amer- cerns about how that job is being done, thing more important than turf or ju- ican people. While committed to the protec- how the Congress does its job. I didn’t risdiction or the way it was or is being tion of sources and methods and ensuring the appreciate how important oversight is done. security of our nation’s secrets, it is the in- regarding intelligence matters, how What is most important is how we tention of the Committee, whenever pos- important it is that a Senator develop are going to do the best job for the men sible, to hold open hearings in an unclassi- expertise to be able to ask the right fied setting on issues of vital importance and and women in uniform, men and concern to the public. questions, do the oversight, and under- women in intelligence, and for the The Committee held four open hearings: stand what is going on. American people. So I think we need to Defining Terrorism—September 26, 2001; I have come to the conclusion that make necessary changes. Asymmetric Threats to Homeland—October our intelligence community is not set The important point is that we have 3, 2001; Role of NSC in Current Crisis—Octo- up properly and we are not doing our to have somebody in charge. We have ber 11, 2001; Domestic Preparedness & Emer- job in the Congress. We can point fin- gency Response—October 29, 2001. good people in the CIA doing the job. gers and blame somebody else, but a We have an Acting Director who is a The Joint Inquiry Committee held nine lot of the problem resides here in this open hearings: Family Advocates for Sep- good man doing a good job. But we do tember 11 Victims—September 18, 2002 and body and in the Congress—not because not need an Acting Director forever. September 19, 2002; Intelligence Community we don’t try to do our job, but we are We need a man or woman in charge Knowledge of September 11 Hijackers—Sep- not organized properly to do it. We making decisions, making changes that tember 20, 2002; Phoenix Memo—September have this multifaceted process of so need to be carried out even without 24, 2002 and September 26, 2002; many committees claiming jurisdic- legislation that overhauls the whole Counterterrorism Information Sharing—Oc- tion, and with good reason. Armed operation, and we need it now. tober 1, 2002; Intelligence Community Re- Services needs to be aware of what’s form Proposals—October 3, 2002; Past Ter- This is a dangerous time we are in. going on, as do Foreign Relations, Ap- We need to not only confirm this nomi- rorist Attacks—October 8, 2002; Factual propriations, and Governmental Af- Finding of Inquiry—October 17, 2002. nee right away, but we need to do it fairs. Is there anybody who doesn’t Mr. ROBERTS. Mr. President, I yield overwhelmingly. We need to show him, have their finger in this intelligence we need to show the agencies, and we as much time as he may consume to pie a little bit? Basically, nobody is the distinguished Senator from Mis- need to show the departments that he doing the oversight job properly, be- has the confidence of the American sissippi. cause the members of the Intelligence Mr. LOTT. Mr. President, I thank the people through their representatives in Committee are not there permanently; chairman. I also commend the chair- the Senate. We are dealing with very they come and go and are on the Com- man and the vice chairman of the In- important issues, and it is so impor- mittee maybe 2 years, 4 years, or 8 telligence Committee for the very dif- tant that we have leadership at the years. Once you get to where you know top. We need to do it right away. ficult job they have been performing, what to ask and what is going on, you leading the Intelligence Committee. It We have a good man who has been leave the Committee. nominated. A lot of thought went into has to be one of the toughest jobs that Frankly, I think the CIA and the in- his selection. I know the President I have witnessed in the Senate. It takes telligence community’s attitude is: sought out the counsel, advice, and the time, it takes experience, and it takes Don’t give them anything; give them a thinking of a number of Members of intellect to be able to deal with the little bit of a courtesy, a brush-off, and issues that come before this com- we will get what we want from the ap- Congress on both sides of the aisle, in mittee. propriators in the end. the House and Senate, before he went I also commend them for the way I think we have real problems in the forward with this nomination. He has they have handled this particular nom- intelligence community and in the nominated a man who is uniquely ination. They were patient. They gave Congress, and we need to fix them. I qualified to be the Director of Intel- every Senator ample time to make don’t have a magic design. I want to ligence. their points and ask questions, and hear what the experts have to say and PORTER GOSS is the right age. He is they have been commended by Mem- see what legislation is proposed. I in his mid-sixties, still young enough bers of both sides of the aisle for the know this: Something has to be done in to do the job, and old enough to know way they handled the nomination. the way the intelligence community what needs to be done. He has a back- That is why I think the nomination operates. You cannot operate under a ground of military experience, where was approved by the Intelligence Com- construct where you have 15 different he was in Army intelligence for 2 mittee, and why I believe this nomina- agencies and 80 percent of the money years. He worked in the Directorate of tion will be confirmed by a wide mar- going to the Defense Department, with Operations of the CIA for many years. gin. the director of intelligence having lit- Most of this is in the RECORD, but I Before I get into a little more discus- tle or no control over the money or think it is worth repeating so that my sion about why I support PORTER GOSS many of those intelligence agencies. statement will make sense, hopefully, to be head of the CIA and director of We need major changes, and we need in its entirety. intelligence, I will talk about my over- them now. I am concerned about con- When he left the CIA, he continued to all concerns regarding the intelligence cerns that were raised yesterday that if be involved in trying to serve his fellow area. we do not do this right, if we rush to man and his community. He was a As a member of the leadership over reorganize the intelligence community, leader in his hometown in Florida. He the years, I was able to have briefings we could do damage because the job of served on the city council, was mayor, and meet with Director Tenet. There gathering intelligence has to go on was a member of the board of commis- are specific requirements in the law every day. Men and women are putting sioners, and has served in Congress that certain Members have to be noti- their lives on the line to gather intel- since 1988, which is a pretty good pe- fied when particular actions are taken. ligence. We need to be careful, but we riod of time. He eventually became I always took those matters very seri- need to press forward with change. chairman of the House Permanent Se- ously and spent the time that was nec- I know this body is loath to change lect Committee on Intelligence where I essary to get those briefings. For the anything. Any kind of reform is looked know he did a good job.

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.015 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9501 I have watched him. I have watched need a firm and experienced leader. By the way, I think we will be very him deal with difficult issues. I have They need a person who has been there comfortable telling him: Mr. Director, watched him take a leadership role, with them, understands their needs, we don’t believe that. We will be able and I have watched him work with the and appreciates the job they do, and to be very candid with him. I believe he ranking member of that committee PORTER GOSS would do that. will show flexibility as we move from and with Democrats, and I have been He does support what Congress is where we are to where we need to be. impressed with the job he has done on about to do. We are going to create a He has been questioned about the po- the Intelligence Committee in the national intelligence director position, sitions he has taken, but he satisfied House. and we are going to pass legislation the members of the Intelligence Com- So he knows the CIA. He knows it that is going to reorganize the intel- mittee by a vote of 12 to 4 with several from having been in Army intelligence, ligence community at some point, Democrats voting for his confirmation. he knows it from having been in the maybe sooner than later. They asked him the tough questions. CIA, and he knows it from the position Again, he has the right attitude and They had their reservations, and those he held as chairman of the Intelligence supports the position I believe that reservations have been satisfied. Committee. He knows where the prob- Congress is going to be taking. I cite one point of how he dealt with lems are because he was there, and he There are those who have questioned the former Director. On September of knows how to strengthen the intel- his independence. Is he a partisan? Is 2003, he wrote a letter to DCI Tenet ligence community and make it better. he a politician? Whatever happened to pointing out concerns he had with in- He is no stranger to the difficulty and congressional courtesy? Over the years, telligence. He joined with the ranking the complexity of foreign intelligence. I have supported Members of the other member of the Intelligence Committee When I look back on some of the party from this body and the other in the House, Congresswoman HARMAN, former heads of the CIA, frankly, some body, even though they have some- and indicated there were significant of them did not have much of a back- times been very partisan politicians, deficiencies with respect to the intel- ground in that area. But here is a man very aggressive in their speeches on ligence community’s collection activi- who is uniquely qualified. He has been the floor of the House and Senate, but ties concerning Iraq’s WMD programs in the intelligence community. I know I knew them to be good men and and ties to al-Qaida prior to the com- that some people say that if you are in women, and I knew when they took on mencement of hostilities there. the institution, you are part of the a different role. When you are in Con- So he did not wait until after the problem. But, my experience leads me gress, when you are in politics, you are fact; he raised concerns when they to ask, how can you solve a problem if a politician. That is not a damnation. needed to be raised. If my colleagues you do not really understand an insti- That is somebody involved in the art of have taken a look at that letter, it cer- government. When you are a member tution? There are some in Washington tainly shows independence and it was of a party, sometimes members of the that say, if you know the subject, the kind of thing that the DCI needed other party get under your skin, and whether it is transportation or oil or to hear at that particular time. you speak out. intelligence, you should not be in gov- So I can attest from experience, from I noticed over the years, PORTER ernment because you have been co- observation, and from a written record GOSS has not been one of those rabid that this Congressman will be an inde- opted. partisans. He has been very calm and I think absolutely the opposite is the very stable. Sometimes he gets a little pendent, thoughtful, strong voice at case. Practical experience is invalu- upset. Maybe he thought perhaps the the CIA. able. You have to understand the cul- I urge my colleagues, let us have our Senate was getting carried away with ture, you have to understand the peo- some of our hearings recently. On occa- discussion but let us have a vote and ple, and anybody who has paid close at- sion, I have thought we did a little let us make it overwhelming. Let us do tention to the intelligence community grandstanding in the Senate, and I said it now because we need strong leader- in recent months and years knows so even though it was sometimes di- ship and we have the right man to do what changes should be made and have rected at my own party. this job. PORTER GOSS will provide to be made. I know he is an independent thinker, leadership for the intelligence commu- PORTER GOSS, a Member of Congress, and I know he will put his job as head nity. He will be able to work with Con- has been critical of the intelligence of the CIA, uppermost. He will put his gress and he will help give the intel- community. He does not sugar-coat it. political past and his partisanship be- ligence community the ability to do an He has called the human intelligence hind him. He also will be a man, I be- even better job. program dysfunctional. He has spoken lieve, who can go in and meet with the I thank the chairman for yielding me the truth about the way we have fund- President at those early morning meet- this time. ed the CIA, which he says has not been ings and say: Mr. President, this is The PRESIDING OFFICER. The Sen- adequate, it has not been done in the what we know, this is the truth about ator from Kansas. right way, and we have not put enough the situation, and if you go this way, Mr. ROBERTS. I yield such time as emphasis on human intelligence. In you are going to have certain prob- he may consume to the distinguished fact, Congress stopped this nation from lems. Senator from Utah and thank him for having the human intelligence we He has that stature, he has that his service on the Intelligence Com- needed, if we go back and look at the credibility, and he will have the inde- mittee. results of the Church Commission some pendence to do that. Also, I thank the Senator from Mis- 30 years ago. Once again, we are part of I think having served so many years, sissippi for his excellent commentary, the problem. having been on the Intelligence Com- more especially highlighting Mr. He knows we need to do more in lin- mittee, and having the record he built GOSS’s independence and the fact he guistic training, and he has raised at the Intelligence Committee, is proof will be a nonpartisan DCI. these questions as chairman of the that he will be independent to do that The PRESIDING OFFICER. The Sen- committee and in his communications job for the American people. I believe ator from Utah. with the DCI. he will be more candid with the Con- Mr. HATCH. Mr. President, I thank His confirmation would bring sta- gress. my colleague and I certainly appre- bility and experience to the intel- Quite often when we had testimony ciate the leadership Senators on the In- ligence community. One thing that before the Intelligence Committee, I telligence Committee, in particular the worries me, as I have talked to some of felt as if I did not get a complete story. Senator from Kansas. He has done a our intelligence personnel, is a certain Frequently, testimony was less than great job. I think Senator ROCKE- concern about whether they are really fully satisfactory or sufficient. PORTER FELLER has worked with him very well appreciated, and are the old experi- GOSS is going to be able to speak to us for the most part. enced hands going to stay, or are they on a level basis, not from the perspec- I associate myself with the remarks going to leave. I have noticed some of tive of a former staff member. He was of the distinguished Senator from Mis- the intelligence people I see are getting one of us, and he will not try to fool us. sissippi. There are very few people younger, younger, and younger. They I think he will tell us the truth. around here who have had to deal with

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.062 S22PT1 S9502 CONGRESSIONAL RECORD — SENATE September 22, 2004 the personalities of so many people as opportunity to take the measure of gain a strategic advantage against the Senator LOTT has. He has done a ter- PORTER GOSS’s mind, as well as his ex- threat we face now and will face for rific job throughout both his House and perience and his commitment to the some time to come: the threat of Senate career, and I think we ought to intelligence community. I totally sup- armed groups—terrorists, if you will. listen to the wise people like that with port this nomination. I strongly believe al-Qaida will be de- regard to whether we should vote for As we all recognize, the intelligence feated in the coming years. It is not PORTER GOSS. community will be undergoing a major going to be easy, but we will defeat There is no doubt in my mind that reform, a process that can only succeed them. On the other hand, I think a PORTER GOSS is worthy of this position if there is close cooperation between somber analysis of the world we live in and, in my mind, he will do it in an ef- the White House and all the relevant today should remind us that, even fective way. I compliment the distin- executive agencies, the Congress—and when al-Qaida is defeated, we will face guished Senator from Mississippi for that includes Democrats and Repub- the threat of other armed groups. Na- his cogent remarks and his very prac- licans—and especially this committee, tions that have developed a strategic tical remarks to which we ought to all and the intelligence community. advantage to understand, penetrate, be paying attention. The reform that will be promoted co-opt and, when necessary, destroy I remember when George Tenet was should not be a mere bureaucratic re- armed groups will enhance their na- nominated, and George Tenet was a shuffling; it should be a reform of our tional security. Democrat. He was a staffer to Senator intelligence community that enhances We rely on our intelligence commu- Boren. Senator Boren, George Tenet, and strengthens our ability to under- nity for that strategic advantage. POR- and I traveled all over the world to- stand, penetrate, co-opt, and neutralize TER GOSS understands these require- gether. There was not any question the threat of armed groups to our na- ments. He has worked within the intel- that we were going to support George tional security. The success of the next ligence community, and he has per- Tenet when he came up for CIA Direc- Director of the Central Intelligence formed years of congressional over- tor, and I think he did a much better Agency must understand this to be suc- sight over that community. He re- job than all of his critics are saying. A cessful. spects the community and he knows The next Director of Central Intel- lot of that was because he worked very what is expected of it. If we do our ligence must understand that the new hard for Senator Boren and for the jobs, I can assure PORTER GOSS, when initiatives we are debating in draft leg- committee and knew an awful lot he is confirmed, he will be the Director islation this month, legislation we are about intelligence to begin with. This made most accountable to Congress in referring to as an intelligence commu- is a tough job. It is almost an impos- the history of intelligence community nity reform, will be the beginning, not sible job to do. In fact, I think it is an oversight. the end, of reform. In fact, I fear that impossible job to do in every way, in As I said, when the next director once we pass a reform package some of every respect, totally right. comes before our committee, we should us will believe we will have accom- The fact is, we supported Mr. Tenet not settle for reports. We must demand plished reform. In fact, we will have and he was a member of our family. I strategy for achieving reform and only begun. believe PORTER GOSS is a member of Everyone agrees that we need better measurement standards. Our legisla- our family, too, and a person who is results from our intelligence commu- tive initiatives can only do so much. worthy of this position. We should not nity. I suppose that is always going to Our oversight, and the stewardship of a politicize this appointment. be the case. Most of us, I hope, also responsible and experienced director, The next person to head the Central agree that the efforts of the intel- will be what advances reform. Intelligence Agency will lead the orga- There is no doubt in my mind that ligence community, from the Director nization at its most demanding time in this man can do the job and can do it on down, have been admirable, brave, history. The next Director of Central well. There is no doubt in my mind selfless, and intense. I believe former Intelligence will have to provide lead- that as a Member of Congress he has Director Tenet worked hard to revi- ership in shepherding that organization occasionally made statements that talize capabilities that devolved after through a much needed reform while have irritated the other side of this the end of the Cold War. I know he continuing to play a major role on the aisle. That is probably true of everyone worked hard. He inherited an agency ongoing global war on terror. The next on both sides of the floor. I have to that needed a lot of improvement, and person to hold this post will require admit I have been irritated from time to the extent that he could, he did his much more than a passing experience to time by statements made by my col- best to do so. with the workings of the intelligence The next Director of Central Intel- leagues on the other side—and even by community. He will need to understand ligence must recognize that our goal some of my colleagues on our side—and the role of the executive in conducting should not be to rebuild a capability I am sure I have made statements from our foreign policy at war, and the es- but to build a new capability. We need time to time that have irritated col- sential role of congressional oversight better results and we need a strategy leagues on the other side as well. I and support in ensuring that our intel- for achieving them. have not wanted to, but I am sure I ligence community is flexible enough Director Tenet was candid in speak- have. It is just the nature of being in to address threats that have never being before the 9/11 Commission in say- this political arena. But to then pre- fore been the primary focus of our for- ing that our human intelligence capa- sume a person is an indecent partisan eign policy. bilities would take at least 5 years to because occasionally they find fault President Bush made the right call rebuild. PORTER GOSS, when confirmed, with the other side, I think shows a de- when he chose PORTER GOSS to fill this must recognize that this will be the gree of immaturity, of political and role. I am happy to note that an over- issue I will address in our first closed professional immaturity that is unwor- whelming majority of my colleagues on hearing. I will ask: How do you intend thy of the nomination process. the Senate Select Committee on Intel- to rebuild the capability? What is your Nobody is going to come before us ligence have also recognized this, hav- strategy? To what standards of meas- who is perfect in every way. But I have ing approved his nomination yesterday. urement will you hold yourself? to say, there are very few people who I commend Chairman ROBERTS for his The American intelligence commu- have served as much as PORTER GOSS leadership and I thank our majority nity of the 21st century will face tradi- has and who have as much knowledge and minority leaders for bringing this tional geopolitical threats, as we did in of the intelligence community as he nomination to the floor today. It is im- the past. We will need intelligence to has, who have ever been members of portant. address the question of rising powers, the top echelon of the CIA. I have had the opportunity to work such as China, and remilitarizing I have every confidence in him. I am closely with the chairman of the House states, such as Russia. We will need in- going to support him. I hope all my Permanent Select Committee on Intel- telligence to deal with the failing colleagues also will support him. He is ligence. In the months of collaboration States of North Korea and Cuba. worthy of it. He is a Member of Con- between our two committees which As we all know, we will also need to gress. He is a person who deserves our produced the joint inquiry, I had the develop intelligence capabilities to support. I hope we all get together and

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.064 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9503 support him and continue to support plished’’ means job done—almost 900 When asked whether he would inves- him as he serves in this job which al- people, 900 Americans have perished. tigate the disclosure of covert CIA most nobody can completely fulfill. How do we treat subjects so casually, agent Valerie Plame’s identity, he dis- This is a job that takes immense capa- statements like this? Does President missed the scandal, saying, ‘‘There’s a bilities and, I might add, commitment. Bush believe Congressman GOSS will much larger dose of partisan politics He has both and we should support simply direct the guessing game at the going on right now than there is worry him. CIA? Is that all he expects from our about national security.’’ I yield the floor. main intelligence agency? Then he added flippantly, ‘‘Somebody The PRESIDING OFFICER (Mr. As we now know, in July the CIA sends me a blue dress and some DNA BROWNBACK). The Senator from West sent the President a report that laid and I will have an investigation.’’ Virginia. out three scenarios for Iraq, with the What kind of an insulting comment Mr. ROCKEFELLER. I yield such rosiest scenario being the continuation is that intended to be? Do you want to time as the Senator from New Jersey of the disastrous status quo. Under this trust this individual with a bipartisan wishes to express his views. I yield him scenario, we see an average of 87 at- responsibility to the entire Nation who that amount of time. tacks a day against our troops, and can be so casual, so insulting, so sar- The PRESIDING OFFICER. The Sen- 1,037 dead to date. That is a horrible castic in his view of what takes place ator from New Jersey is recognized. situation. here? Do we honestly expect someone Mr. LAUTENBERG. Mr. President, The CIA report to the President iden- who has been a partisan attack dog for we are discussing the nomination of tified the worst scenario as an all-out President Bush’s reelection efforts to Representative PORTER Goss to be Di- civil war, with our troops in the cross- be independent and nonpartisan? It is rector of Central Intelligence. This fire. This is not what the President just not realistic. nomination comes to the floor at a wanted to hear. So what did he do? He It is time for the President and this critical time for our Nation’s intel- ignored it. And now when asked how administration to return to reality— ligence community. With Chairman the information came to him, he said: the reality of Iraq, the sadness of the COLLINS’s leadership and Senator The CIA—just guessing. loss of life, the ruination of families, President Bush’s comments are a LIEBERMAN’s ranking membership, the the emotional disturbances that occur. frightening sign he is not dealing with Governmental Affairs Committee is in We have some reservists from the State reality, in that he continues to ignore the process this very day of marking of New Jersey on active duty in Iraq. the truth about what is happening on up legislation to reform the intel- We just had our 33rd death of service the ground in Iraq. That is why I am so ligence community. It is a task that all people from New Jersey in Iraq. The concerned about the nomination of of us on the committee are taking very disturbances that go to normal life, the PORTER GOSS to head the CIA. seriously. After all, it was the failures daddies missing, mommies missing in I know Mr. GOSS only casually. Cer- of intelligence that led to the horrors tainly he seems like a nice enough, in- the household—it is terrible. We have of 9/11 and the loss of almost 3,000 lives. telligent fellow. But what the Presi- to get back to reality, the reality of Seven hundred of them came from my dent needs more than ever is an intel- Iraq, the reality that our Nation’s in- home State of New Jersey. It was a ligence chief who will tell it like it is, telligence is not just guessing, and the painful moment in American history. and not revamp intelligence to meet reality is that we need an objective, It was failures of intelligence that the President’s expectations. nonpartisan intelligence chief in this led to our false premises for invading Congressman GOSS has not shown Nation. Iraq. I thought everyone from the himself to be a person who will deliver I say with regret that we cannot ac- President on down had agreed that we nonpartisan, objective information to cept turning responsibility over for needed to take intelligence data more the President. managing this Nation’s intelligence seriously. That is why it was so shock- At a time when the independence and gathering to someone who first looks ing to hear President Bush’s odd state- the objectivity of the CIA is more cru- at which side of the political aisle ment yesterday about our Nation’s in- cial than ever before, President Bush someone is on before he makes deci- telligence data on Iraq. A few hours has nominated a politician who has sions about the responsibility for the after the President spoke at the United been particularly partisan. In a PBS CIA. Nations about why we went it alone in ‘‘Frontline’’ interview after 9/11, Rep- I yield the floor. Iraq, President Bush was asked by a re- resentative GOSS refused to charac- The PRESIDING OFFICER. The Sen- porter about the CIA report that he terize what happened as an intelligence ator from the great State of Kansas. had received in July, regarding the de- failure. How could one argue that 9/11 Mr. ROBERTS. Thank you, Mr. teriorating situation in Iraq, which was not an intelligence failure? He also President. could even lead to a full-blown civil opposed the creation of the 9/11 Com- I now yield as much time as the dis- war. mission. tinguished Senator from Maryland may The President at that moment dis- Congressman GOSS attacked Senator use. I thank the distinguished Senator missed the CIA report by saying that KERRY claiming that Senator KERRY for her service on this committee as the CIA might have been ‘‘just guess- tried to cut the Nation’s intelligence she always provides the committee ing.’’ Just guessing? The Central Intel- budget during the Clinton administra- with very candid, independent, and ligence Agency just guessing? That is tion. But Congressman GOSS made the right-on views. I am delighted to yield quite a way to describe their activities. attack against Senator KERRY while time to her at this time. On this placard we see what Presi- not revealing that he cosponsored a bill The PRESIDING OFFICER. The Sen- dent Bush actually said. during the same period that would ator from Maryland is recognized. The CIA laid out a—several scenarios that have made even deeper budget cuts. Ms. MIKULSKI. I thank the chair- said, life could be lousy, life could be OK, life Here is what Mr. GOSS called the Sen- man of the Intelligence Committee for could be better. And they were just guessing ate Armed Services Committee in re- his words. I also thank him for the as to what the conditions might be like. cent hearings on the Abu Ghraib prison process he provided for us to evaluate That is quite a description, on Sep- scandal. I quote him. He said: the suitability of PORTER GOSS to be tember 21, yesterday, at the Waldorf- We’ve got a circus in the Senate which is the Director of the Central Intelligence Astoria in New York. If the President always a likely place to look for the circus. Agency. He gave us a lot of time to be thinks our Nation’s intelligence sys- Quite a commentary about what Mr. able to interview Mr. GOSS directly. tem is just guessing, then we are really GOSS thinks of our Government. First His staff has been quite collegial and in trouble. Casual statements. of all, the abuse of prisoners at Abu quite cooperative, and we want to I remind President Bush that when Ghraib—he thinks the Senate is a cir- thank him for providing us with that you pronounced ‘‘mission accom- cus in hearings, and then he describes type of environment in which to make plished’’ on the deck of that aircraft this place as a big circus tent. Is that a wise and prudent decision. carrier, we had lost 138 American citi- what he thinks of us? I hardly think Indeed, deciding on this nomination zens. But since then, since the mission that is the kind of person who ought to is vitally important. The Director of was accomplished—‘‘mission accom- be taking this serious job. the CIA needs to be up to the job.

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.067 S22PT1 S9504 CONGRESSIONAL RECORD — SENATE September 22, 2004 These are very dangerous times, and it dom? Would he tell the President what nation come to us separately. In voting is vitally important that we make the he should hear, not what the President for PORTER GOSS, I am voting for him right choice. Now more than ever, the would like to hear? That is what speak- to be the head of CIA, but I am not security of our Nation depends on ing truth to power means. using this vote for him to be the NID timely, reliable intelligence to detect, Speaking truth to power is not easy. by proxy. disrupt, and deter terrorist attacks on It is very difficult. Yet for the Director Again, let me conclude by thanking the United States of America and to of the CIA it is important that he the chairman and the vice chairman also make sure attacks don’t happen to speak the whole truth and nothing but for their hard work on this committee. treasured allies, and to help policy- the truth, without sugarcoating, no It is a committee with great responsi- makers, from the President and his matter how difficult. The President bility. We take it seriously. But at the Cabinet to Members of Congress, to must receive the best judgment and in- end of the day, my analysis concludes make the right decisions about what formation. That is what I am looking that I will vote for PORTER GOSS. I will we need to do related to diplomacy and at. trust, but I will use congressional over- the deployment of our troops. Now, having had those questions sight to verify. The next Director of the CIA will when Mr. GOSS was before the com- I yield the floor. have to do all of this and even more. mittee, in my usual way I asked very The PRESIDING OFFICER. The Sen- The next Director will also have to direct questions. I raised those issues. I ator from Kansas. push through the much needed reform even raised the issue the previous Sen- Mr. ROBERTS. Mr. President, I at the CIA and to cooperate in the re- ator, the Senator from New Jersey, Mr. thank Senator MIKULSKI for her very forthright statement. Like the Sen- forming of other intelligence agencies. LAUTENBERG raised. What about this ator, I understand the point raised by We want to make sure there are no investigation, the blue dress, and the Senator LAUTENBERG and would only more 9/11’s and no more wars based on DNA? Well, I put it to him. And his an- make two points about the notion of dated and dubious evidence. swer back was, yes, he would be non- The constitutional duty of the Sen- partisan. That he understood the role PORTER GOSS’s alleged lack of inde- ate is to review the nominations of the of the Director of the CIA is different pendence from the administration. First, Mr. GOSS sent a very candid President. I take that very seriously. from being a Congressman. That it is letter to DCI Tenet, along with Con- When a nominee comes, regardless for not a political job, it is a job that is gresswoman JANE HARMAN, who is the what position or from whatever party both policy and operational. ranking member of the House Intel- is in power, for an important position He said he would speak truth to ligence Committee, expressing deep like this, I ask four questions: Is that power to both the President and to the concern about our intelligence on Iraq. Congress. And if anyone knows the im- person competent? Do they bring integ- That letter is not the work of a shrink- portance of congressional oversight, it rity to the job? Are they committed to ing violet, I can assure you. the core mission of the agency? And is PORTER GOSS. He agreed to work Mr. President, I ask unanimous con- will they function in an independent with the Congress to reform our intel- sent that letter be printed in the ligence agencies. way? RECORD. As I said at our hearings, I know As you can see, at the hearing, in re- There being no objection, the mate- PORTER GOSS, and I have worked with sponse to both my questioning and rial was orderd to be printed in the him over the years. I have no doubt questioning by the chairman and other RECORD, as follows: that Congressman GOSS is competent members, particularly on this inde- U.S, HOUSE OF REPRESENTATIVES, based on his years of service, both as pendence issue, he said he would raise PERMANENT SELECT COMMITTEE an agent at the CIA as well as in the these issues. ON INTELLIGENCE, House of Representatives chairing the So when I have to think about, is this Washington, DC, September 25, 2003. House Intelligence Committee. From the PORTER GOSS who is moderate, Hon. GEORGE J. TENET, my knowledge, he has been a man of straightforward, willing to work across Director of Central Intelligence, integrity. And yes, he is committed to the aisle, or is this the aggressively Washington, DC. the mission of the CIA and the impor- partisan and even intemperate person, DEAR MR. TENET: At the outset, we reaf- I take him at his word. However, in the firm our support for the dedicated men and tance of intelligence to help protect women working in the Intelligence Commu- the United States of America. The words of Ronald Reagan, who said nity (IC). Their deep commitment to our great big caution yellow light I have is ‘‘trust but verify,’’ that is the way I country and to their profession is evident. the one about independence—the will- feel about the PORTER GOSS nomina- The nation owes these professional men and ingness to speak truth to power, com- tion. I accept him at his word, which women its gratitude for their tireless efforts mitted to reform, to be nonpartisan, he not only gave to me but he gave to to provide policymakers with the intel- and also never to sugarcoat, dilute, or the entire committee in a public for- ligence they need to make informed deci- mat, that he would be nonpartisan, sions about the security of Americans at twist the information going to the home and in places like Iraq. President of the United States and top committed to the truth, a leader for Thank you, again, for promptly responding policymakers. independence and reform, and would al- to the Committee’s request for all intel- During the last year, I have become ways speak truth to power. So I accept ligence information related to Iraq’s weap- very concerned about Mr. GOSS’s par- him at his word, but I also believe we ons of mass destruction (WMD) capabilities, tisan activities. He has unfairly at- must engage in vigorous congressional as well as any ties to terrorist organizations, including al Qa’ida. The Committee has re- tacked Democrats. He has been stri- oversight to make sure PORTER GOSS viewed all 9 volumes of material that you dent in other statements in terms of does the job he is to do, and to make provided, Additionally, it has held several the political campaign for the Presi- sure he does what he has committed to closed hearings and an open hearing, con- dency. do. ducted a number of interviews, made several My questions are, Who is this PORTER So when my name is called, I will oversight trips to Iraq, and reviewed addi- GOSS? Is he the one I served with in the vote for PORTER GOSS. But I want to tional materials over the last four months. House who was a moderate conserv- make it very clear that in voting for Although the Committee’s work continues, ative, straightforward, and also some- PORTER GOSS to be the Director of the we have some preliminary views that we one who said we have to think out of CIA, I am not voting for him to be the offer so that the IC can begin to consider necessary improvements. In addition, we the box so we don’t end up in a box? Or future NID. As you know, we are not offer these views to provide you a chance to is he a rather an aggressively partisan clear on what is the framework for re- answer questions or clarify any issues that person? My question about PORTER form we will adopt. There are ideas will assist us in concluding our review. GOSS is, Would he be an independent coming forth that I know we will be de- At this point, several months into our re- voice in the administration as well as a bating and voting on next week and in view, we believe there were significant defi- strong advocate for real and deep re- the weeks ahead. So we want to be sure ciencies with respect to the IC’s intelligence form? Would he present the President whatever framework we create, and if collection activides concerning Iraq’s WMD programs and ties to al-Qa’ida prior to the with the best information based on we do create the National Intelligence commencement of hostilities there. facts and sound analysis without re- Director, a position I have supported We have a fundamental disagreement gen- gard to ideology or conventional wis- for many months, that person’s nomi- erally on whether the National Intelligence

VerDate Aug 04 2004 02:25 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.031 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9505 Estimate on Iraq’s WMD programs and the WMD, and Iraq’s support to terrorist groups process made their way to the analysts’ intelligence on Iraq’s ties to al-Qa’ida were appears to have hampered the IC’s ability to desks, providing ample room for vagary to deficient with regard to the analysis and provide a better assessment to the policy- intrude. Although the Intelligence Commu- presentation, especially in the certainty of makers from 1998 through 2003. nity often noted that the reports were ‘‘from the IC’s judgments. The Ranking Member be- Iraq has held a place of priority in U.S. for- sources of varying reliability,’’ these reports lieves it was. The Chairman believes it was eign policy and national security during suc- did not make clear which of them were from not. cessive Administrations. For instance, in sources that were credible and which were Additionally, the Committee is also re- 1998 U.S. policy toward Iraq was clarified by from sources that would otherwise be dis- viewing the intelligence assessments that Congress and the President to reflect an un- missed in the absence of any other corrobo- existed pre-March 2003 regarding the nature equivocal policy to seek regime change, See rating intelligence. and level of resistance that U.S. troops could Iraq Liberation Act of 1998 (P.L. 105–338 Oct. NATURE OF IRAQI RESISTANCE AND THE STATE expect in Iraq and the health of Iraq’s civil- 31, 1998). Given the high priority placed on OF IRAQ’S INFRASTRUCTURE ian infrastructure. Iraq policy, we believe greater efforts should In addition to these two issues, we are con- IRAQ’S WMD have been made to acquire more and better cerned whether the policymakers were sources of information—particularly well- In October 2002, the Intelligence Commu- warned adequately about the nature and targeted, close-in HUMINT. nity produced a National Intelligence Esti- level of resistance our troops would face in mate that included statements that ‘‘We RECONSTITUTION OF IRAQ’S NUCLEAR WEAPONS Iraq, or about the dilapidated state of Iraq’s judge that Iraq has continued its weapons of PROGRAM civilian infrastructure. The Committee will mass destruction (WMD) programs in defi- In October 2002, the NIE on Iraq’s WMD be reviewing the intelligence available to ance of UN resolutions and restrictions. programs made a statement about Iraq’s nu- policymakers prior to the commencement of Baghdad has chemical and biological weap- clear program, ‘‘. . . in the view of most hostilities to determine if there were short- ons . . .’’ and ‘‘in the view of most agencies, agencies, Baghdad is reconstituting its nu- comings in the support provided on these Baghdad is reconstituting its nuclear weap- clear weapons program.’’ (NIE at page 5.) issues. The Committee will seek to under- ons programs.’’ (Iraq’s Continuing Programs The NIE cited six factors in making this stand what requirements were levied on the of Weapons of Mass Destruction at p. 5 (here- judgment: IC prior to the invasion, what assessments after ‘‘NIE’’)). The Committee thoroughly re- Iraq’s aggressive pursuit of high-strength were made, whether the assessments were viewed the underlying intelligence sup- aluminum tubes; completed in a timely manner, and, with the porting these conclusions, that you have pro- Iraq’s attempts to obtain permanent mag- benefit of hindsight, how well the assess- vided, as well as the reporting from the early net production capability; ments match what has been found in Iraq efforts to locate WMD after the cessation of Iraq’s attempts to obtain high-speed bal- since the cessation of major hostilities. major military action in Iraq. Thus far, it ancing machines; POLICYMAKERS STATEMENTS ON IRAQ appears that these judgments were based on Iraq’s attempts to obtain computer-con- too many uncertainties. trolled machine tools; The Committee has reviewed extensively allegations that there was a disconnect be- IRAQ’S POSSESSION OF CHEMICAL AND Iraq’s efforts to re-establish and enhance tween public statements by Administration BIOLOGICAL WEAPONS its cadre of weapons personnel, which in- officials and the underlying intelligence, The The U.S. and the U.K. took limited air cluded appearances by Saddam on Iraqi TV Committee’s purview does not extend to the strikes in 1998 (Operation Desert Fox), based exhorting his nuclear scientists; and Activities at suspected nuclear sites. formulation or articulation of foreign policy. on Iraq’s lack of cooperation and violation of Our examination has identified the rel- We do believe, however, that if public offi- United Nations Security Council resolutions atively fragile nature of this information. cials cite intelligence incorrectly, the IC has regarding weapons of mass destruction. In With respect to the aluminum tubes, as was a responsibility to go back to that policy- early 1998, while the UN inspectors were still stated in the NIE, the Bureau of Intelligence maker and make clear that the public state- in Iraq and providing some amount of solid and Research (INR), citing the Department ment mischaracterized the available intel- information about the WMD programs, the of Energy (DoE) analysis, disagreed with the ligence. The IC exists to inform policy- IC’s judgments were based, in substantial view that these tubes were intended for makers on matters of foreign intelligence. It part, on circumstantial information. Such Iraq’s nuclear program. The other items that does not make policy. The IC is one of many information—among other things—identi- Iraq was seeking (permanent magnet produc- sources of information available to policy- fied: gaps and inconsistencies in Iraq’s WMD tion capability, high-speed balancing ma- makers. Policymakers are under no obliga- declarations to the UN; Iraq’s obstruction of chines, and computer-controlled machine tion to believe or adhere to the IC’s judg- United Nations Special Commission tools), in addition to having utility in a nu- ments. Nor should the IC dictate U.S. foreign (UNSCOM) inspections and monitoring ac- clear weapons program, also have civilian policy. tivities; Saddam’s efforts to declare certain uses. Other elements of information avail- sites exempt from inspections; and Saddam’s SUMMARY able to the IC on the topic of nuclear recon- efforts to end inspections entirely. The assessment that Iraq continued to pur- After the departure of UN weapons inspec- stitution may have been susceptible to Iraqi sue chemical and biological, weapons re- tors and Operation Desert Fox, in 1998, some denial and deception efforts. These included mained constant and static over the past ten new information continued to be developed trying to determine the nature of Iraqi ac- years. The U.S. understanding of Iraq’s ties on Iraq’s capabilities, but access to ‘‘ground tivities at suspected nuclear sites or the pur- to terror groups was also longstanding. We truth’’ corroboration was lost. The IC was pose of Saddam’s TV appearances exhorting note, however, that there was insufficient also faced with the daunting challenge of his nuclear scientists. We have not found any specific information regarding the following: trying to interpret snippets of information information in the assessments that are still Saddam’s plans and intentions, in an environment where the regime was en- classified that was any more definitive. the status of Iraq’s WMD programs and ca- gaged in massive denial and deception ef- IRAQ’S TIES TO TERRORISTS INCLUDING AL- pabilities, and forts. Based on past assessments and some QA’IDA Iraq’s links to al-Qa’ida, specifically. new ‘‘piecemeal’’ intelligence, which was The Committee has reviewed the three vol- The intelligence available to the U.S. on otherwise seemingly valid, the Community’s umes of information provided by you on Iraq’s possession of WMD and its programs analysis of Iraq’s WMD programs and capa- Iraq’s ties to terrorism, most of which re- and capabilities relating to such weapons bilities reflected an assumption that these mains classified. We have found no reason to after 1998, and its links to al-Qa’ida, was long-standing judgments on the issue were question the State Department’s decision to fragmentary and sporadic. These assess- still valid. The absence of proof that chem- designate Iraq as a state sponsor of ter- ments and longstanding judgments were not ical and biological weapons and their related rorism for at least a decade. challenged as a routine matter within the IC. development programs had been destroyed On the issue of Iraq’s ties to al-Qa’ida, Saddam Hussein, for his part, apparently was considered as proof that they continued however, we believe substantial gaps in col- made no effort to dispel the conclusions that to exist. lection—particularly HUMINT—contributed he possessed weapons of mass destruction, The dearth of post-1998 underlying intel- to the Intelligence Community’s inability to had programs in place to produce them and ligence reflects a weakness in intelligence give policymakers a clear understanding of had the capabilities to deliver them, or that collection, The Committee on a number of the nature of the relationship. he had links to terrorist groups. occasions in the past expressed its concern In place of an assessment characterizing Underlying these problem areas were seri- that the IC was facing serious shortfalls in the relationship between Saddam and al- ous deficiencies in our HUMINT collection specific areas of intelligence collection—to Qa’ida, the Intelligence Community reported capabilities against this target. HPSCI has include intelligence from human sources on possible contacts between al-Qa’ida asso- consistently recommended greater manage- (HUMINT) and from technologies designed to ciates and Iraq. As in other cases of IC re- ment attention and allocation of resources tell us about weapons development (Meas- porting on terrorism generally, we believe to core intelligence mission areas—such as urement and Signatures Intelligence, or that there was either a ‘‘low threshold’’ or HUMINT and analysis. We believe Iraq is, in MASINT). The issues presented with respect ‘‘no threshold’’ for disseminating informa- many ways, a case study for improvements to Iraq’s WMD programs and capabilities ap- tion on ties between Iraq and al-Qa’ida. As a in these areas. pear to be a case in point. Lack of specific result, intelligence reports that might have We would appreciate your response to the intelligence on regime plans and intentions, been screened out by a more rigorous vetting issues raised in this letter. In addition, we

VerDate Aug 04 2004 02:25 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.016 S22PT1 S9506 CONGRESSIONAL RECORD — SENATE September 22, 2004 seek your assurance that the shortcomings But the task before us right now is to Mr. ROBERTS. Mr. President, seeing identified will be promptly addressed. Fi- exercise our constitutional duty in no other Senators requesting time now, nally, we intend to have additional hearings, confirming or rejecting an appoint- I suggest the absence of a quorum. open and closed, as appropriate. ment by the President to lead the in- The PRESIDING OFFICER. The Sincerely, telligence apparatus, right now as sym- clerk will call the roll. PORTER J. GOSS, The assistant legislative clerk pro- Chairman. bolized by the Director of the Central ceeded to call the roll. JANE HARMAN, Intelligence. That is why I am here to Ranking Democrat. speak on behalf of PORTER GOSS. Mr. REID. Mr. President, I ask unanimous consent that the order for the Mr. ROBERTS. Second, the independ- It has already been said before many quorum call be rescinded. ence issue was thoroughly explored at times that he started in 1960 as an The PRESIDING OFFICER. Without Mr. GOSS’s confirmation hearing as of Army intelligence officer, right out of objection, it is so ordered. this week. Mr. GOSS has assured the school. Having gone into the CIA from Mr. REID. Mr. President, following committee—and I do believe him, that, with a distinguished career, he Senator DORGAN’s remarks, I ask unan- knowing him for 16 years in the Con- ended up back being a city councilman imous consent that the Senate stand in gress—that he has the integrity, as and a mayor in a little town on the recess until 4 o’clock, and that the Senator MIKULSKI put it, to look the southwest coast of Florida. Then-Gov- time during the 4 o’clock period be President in the eye and say no. ernor GRAHAM, now my senior col- equally charged against both sides. Mr. President, at present, it does not league in the Senate, when three va- The PRESIDING OFFICER. Is there appear either side has a Member re- cancies occurred on the Lee County objection? questing time, so I suggest the absence Commission—they had occurred for Mr. ROBERTS. Reserving the right of a quorum. whatever reason, but they were there— to object, and I shall not object, it is The PRESIDING OFFICER. The then—Governor GRAHAM chose PORTER my understanding, or I can ask the dis- clerk will call the roll. GOSS to fill one of those vacancies. tinguished Senator— The assistant legislative clerk pro- Then his public service expanded, and Mr. REID. He said he has a short ceeded to call the roll. he later ran and won a seat in the U.S. statement. Mr. NELSON of Florida. Mr. Presi- House of Representatives. We have Mr. ROBERTS. He would be able to dent, I ask unanimous consent that the known of his public service through his finish his remarks at 3, in time for the order for the quorum call be rescinded. capacity as the chairman of the House meeting? The PRESIDING OFFICER. Without Intelligence Committee. Mr. REID. Especially if we didn’t objection, it is so ordered. talk more. Now, has PORTER said some things he Mr. ROBERTS. Mr. President, I yield The PRESIDING OFFICER. Is there probably wishes he would not have such time to the distinguished Senator objection? said? Yes. But who among us has not from Florida as he might consume and Mr. ROBERTS. No. made those kinds of mistakes? This thank him for his contributions, not The PRESIDING OFFICER. Without Senator knows him to be, in this polit- only with his strong interest in the In- objection, it is so ordered. The Senator ical cauldron of highly charged par- telligence Committee and the leading from North Dakota. tisan politics, one of the most bipar- intelligence issues and challenges we Mr. DORGAN. Mr. President, I do not tisan of all Members of Congress that I face today, but for his service on the have a long presentation. My guess is have had the pleasure of knowing. It is the 3 o’clock briefing is one most Sen- Armed Services Committee as well, for my understanding that he made a com- ators want to attend. I do want to, working with me with regard to Cap- mitment to the Intelligence Com- however, visit a bit about this issue of tain Spiker and other issues. I look for- mittee, and specifically to questions the Director of the Central Intelligence ward to his comments. propounded by the vice chairman of Mr. NELSON of Florida. Mr. Presi- Agency. that committee, the distinguished Sen- We have been through pretty tough dent, we are at ‘‘no fooling time’’ with ator from West Virginia, Mr. ROCKE- times with respect to intelligence in regard to our intelligence activities. FELLER, that he would not engage in a this country, and this is a critically Because the only thing that is going to partisan manner, which is the least important position. The President’s prevent another terrorist attack, of that can be expected of the Director of choice is an important choice, espe- which there are many attempts, is the the CIA. The stakes are too high for cially given what we have been accuracy and quality and the timeli- this country for any of that kind of through. Let me make a couple of com- ness of the intelligence information we nonsense. ments. get. In dealing with a secretive nation First of all, I am going to vote for such as North Korea, which in this Sen- I believe PORTER is a man of his word to the Senate Intelligence Committee. this nomination, but I do so without ator’s opinion is one of the gravest great enthusiasm, and I would like to threats to the interests of the United I believe, given the circumstances of where we are now, with so much at explain why. States because of their outspoken at- PORTER GOSS, I think, is qualified to tempt to acquire nuclear capability, we stake and having to have the right kind of leader, this is the leader the assume this role. There is little in his simply have to penetrate a secret soci- record that suggests he is a reformer, ety such as that with our intelligence President has nominated. We are now in the process of advising and probably and there is some piece of that record apparatus more than we have been that suggests there is some partisan- consenting, and with the admonitions doing. ship, which bothers me. But I know he has received, with the exceptional Therefore, who is going to lead this PORTER GOSS. I have known him for a educational background he has had, administrative apparatus on intel- long while. When I served in the House with the breadth of his experience, not ligence gathering and intelligence of Representatives, I knew him. analysis and intelligence coordination, only as an agent but as the chairman While I would not have made this with the multitude of agencies all deal- of the committee, I think it is the con- choice had I been President, the Presi- ing with intelligence, is extremely im- stitutional duty of the Senate to dent has the opportunity to make the portant. That is why I am standing render a verdict. I think that verdict selection and deserves, in this case, his here speaking on behalf of my fellow ought to be for the approval of PORTER own team. My hope is the questions OSS Floridian and my friend PORTER GOSS. G as Director of Central Intel- asked of Mr. GOSS at his hearings will This Congress will have a monu- ligence. make certain he will run the CIA with mental task before it very shortly on Mr. President, that is my effort to a reformist attitude, with an under- the reorganization of the intelligence lend to this debate. It is short and standing that things need to change, apparatus as well as the reorganization sweet. This Senator, as well as my sen- with an understanding that this can- of putting our own house in order as we ior colleague from Florida, will be vot- not, under any circumstance, be a posi- exercise that oversight or give direc- ing in favor of PORTER GOSS. tion from which partisanship flows, tion to the executive branch of govern- I yield the floor. and that we have to get straight an- ment. And that needs to be done better The PRESIDING OFFICER. The Sen- swers, as does the President, from the than we have in the past. ator from Kansas is recognized. Central Intelligence Agency.

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.018 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9507 Over the years, we have had many, was done by the Joint Intelligence I am going to vote for Mr. GOSS. I many failures in intelligence. For Committee in December of 2002 that think he is qualified to do this job. As those of us who have been through top was published with 28 pages missing. I indicated, I am concerned about some secret briefings in room 407 of the Cap- Those 28 pages are about the Saudis. things he has done in the past. I hope itol Building, it is nearly unbelievable Fifteen of the 19 who attacked this that is over. I am concerned about the what they told us they knew from all country were Saudi citizens. But when intelligence agencies themselves. I be- their different kinds of intelligence- the report was published for the public lieve they are in desperate need of re- gathering devices and their analysis, to read, the White House redacted or form. I hope Mr. GOSS will be a re- and what we subsequently learned were eliminated the 28 pages that dealt with former. Most importantly, our country, the facts or the truth of the matter. Saudi Arabia. all of us, each of us, needs to work to- I am telling you because we need a On October 29 of last year, I offered gether to create an intelligence system good intelligence system to protect our an amendment to the Foreign Oper- that works for the safety of this coun- country and protect our homeland. I ations appropriations bill, a sense-of- try and works in a way that a Presi- worry about all of this, knowing that the-Senate resolution, calling on the dent, a Congress, a Director of the CIA the intelligence system was deeply administration to declassify those 28 can rely on good intelligence from all flawed. In candid moments, most Mem- pages. If one is talking about 9/11, and around the world. bers of the Senate would tell you that talking about intelligence, I believe My understanding is that we will be which was told them as top secret in- the American people and every Member in recess for 1 hour until the hour of 4 telligence information has often turned of this Senate and the Congress need to p.m. out to be fundamentally wrong. understand what is in those 28 pages I yield the floor. We now read, for example—and I am dealing with Saudi Arabia. f not now discussing that which comes It is interesting, even the Saudi Am- from top secret briefings; I am dis- bassador and the Saudi Foreign Min- RECESS cussing things that come from the peri- ister, publicly insisted that this infor- The PRESIDING OFFICER. Under odicals—we read, for example, that the mation be declassified. Senator SHEL- the previous order, we will now stand intelligence we were given in briefings BY, the top Republican Senator on the in recess until the hour of 4, with the about the issue of mobile chemical 9/11 inquiry, said that 95 percent of the time charged evenly to both sides. weapons laboratories, it turns out classified pages of these 28 pages could Thereupon, the Senate, at 3:04 p.m., came from one source, a source they be released without jeopardizing our recessed until 4 p.m. and reassembled call ‘‘Curve Ball.’’ I am describing this national security. when called to order by the Presiding from Newsweek and Time magazine, I say once again to the administra- Officer (Mr. CORNYN). not from top secret briefings. One tion and to my colleagues that the 28 f source turns out to apparently have pages dealing with Saudi Arabia and 9/ been a drunk and a fabricator and, as a 11 needs to be released to the American EXECUTIVE SESSION result of that source, we get top secret people. This Congress and the Amer- briefings and the Secretary of State ican people should not be evaluating 9/ NOMINATION OF PORTER J. GOSS makes a presentation at the United Na- 11 and our intelligence without releas- tions about something that apparently TO BE DIRECTOR OF CENTRAL ing those 28 pages, so that the Amer- INTELLIGENCE—Continued we now know was untrue. What kind of ican people see what was deemed re- intelligence system is that? quired to be classified. It should not The PRESIDING OFFICER. The Sen- We learned that Germans provide the have been classified. ator from Illinois. name and information of a terrorist to Whether we are talking about Iraq, Mr. DURBIN. What is the pending the CIA here in the United States and Afghanistan, Pakistan, Syria, or back business before the Senate? the telephone number and nobody even further, Libya or the old Soviet The PRESIDING OFFICER. The checks on him, nobody follows up at Union, there have been intelligence pending business is the nomination of all. Our intelligence folks cannot find a failures. We spend a great deal of PORTER GOSS. couple of alleged terrorists living in money on U.S. intelligence. We want it Mr. DURBIN. Mr. President, I rise to San Diego when their names and tele- to work. I do not want our intelligence speak in reference to that nomination. phone numbers are in the phonebook? system to fail our country, because our Mr. President, I will vote against the What on earth is this? I suppose it is country requires a good intelligence nomination of Congressman PORTER Keystone Kops, except this is about the system to prevent the next terrorist GOSS to serve as the next Director of security of the United States of Amer- attack and to attack terrorists where Central Intelligence. I do so reluc- ica. tantly. I have known Congressman I want the CIA and the Intelligence they live. The attack on Iraq was a preemptive GOSS for a number of years, and I con- Community to succeed. Our country strike that the President said was nec- sider him a good person and a good depends on it being able to succeed in essary to protect our country. Well, it public servant. But we are on the verge gathering good intelligence and proof enacting significant, historic, and tecting this country. is very important when talking about much needed reform of the U.S. intel- There is so much that is wrong here. preemption, which is a doctrine that ligence community. It is more impor- Hans Blix, the U.N. weapons inspector, has been foreign to this country’s in- said he was ‘‘not impressed’’ by the interests in the past, to have good intel- tant than ever that the next leader of telligence presented by the administra- ligence. Preemption can never occur the intelligence community be non- tion regarding Iraq’s weapons of mass based on what one thinks. Preemption partisan and firmly committed to destruction. The Blix team checked could only occur based on what one meaningful intelligence reform. every site where U.S. intelligence indi- knows. What one knows must come Based on his record and his public cated weapons of mass destruction from good intelligence. statements, and on the confirmation would be found in Iraq, and there was We have discovered, since the time hearings before the Intelligence Com- nothing. preemption was discussed by this ad- mittee on which I serve, I do not be- It goes on and on. ministration, that the intelligence was lieve Mr. GOSS is the right person at David Kay, the CIA chief weapons just plain horrible on major points de- this moment in time for this vitally hunter, said the intelligence commu- livered in top secret briefings to Mem- important national security position. nity failed. bers of this Congress. Our intelligence Mr. GOSS has served as chairman of On the 9/11 issue, the intelligence community was just flat wrong. So we the House Intelligence Committee for community failed to connect the dots. all need to fix it. almost 8 years, the second longest ten- I am not talking here just about the There is no Republican or Demo- ure in that position in the almost 30 CIA; I am talking about the FBI. The cratic way to deal with intelligence. years since its creation. The chairman list goes on. We need to fix this system in the inter- of a congressional committee has con- When we are talking about 9/11, we ests of this country. Our safety depends siderable power in determining on also ought to talk about a report that on it. which issues the committee will focus,

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.075 S22PT1 S9508 CONGRESSIONAL RECORD — SENATE September 22, 2004 and the manner in which they will con- 2005 Intelligence Authorization Act, for an investigation as to how Mr. duct their oversight. I believe this Mr. GOSS led a party-line vote to reject Chalabi, discredited by the CIA, dis- oversight record is a reasonable meas- an amendment that would have re- credited by the State Department, be- ure of Mr. GOSS’s likely effectiveness quired the Department of Defense to came the darling and favorite of the in managing the intelligence commu- provide an accounting of the nature Department of Defense, peddled bad in- nity during this highly challenging and extent of its contacts with the formation to the United States and the transitional period. Iraqi exile leader, Ahmed Chalabi. American people, and may have be- Despite having served on the Aspin- Why is that significant? I hope that trayed us to Iran—when he was asked Brown-Rudman commission on the people who are following this debate to investigate this, he declined. He re- roles and capabilities of the U.S. intel- remember Ahmed Chalabi. He was the fused. You have to ask yourself: If Mr. ligence community in 1996, 8 years ago, self-proclaimed leader of an Iraqi na- GOSS was unable or unwilling to ask and cochairing, along with Senator BOB tional congress. He was the one you the most basic questions about Ahmed GRAHAM, a joint inquiry into the 9/11 couldn’t miss on talk shows before the Chalabi, how aggressive, how objective terrorist attacks, and serving on the invasion of Iraq. He was the one will he be as Director of the CIA? House Permanent Subcommittee on In- spreading the information far and wide That is not the only thing. One of the telligence for almost 10 years, Con- across America and around the world most important issues we have to keep gressman GOSS’s record demonstrates about the threats of Saddam Hussein. in mind is that the men and women of that he has been more a protector of He was the person who was the favored our intelligence community are dedi- the status quo than an agent of mean- and trusted ally of our Department of cated, patriotic, hard-working people ingful reform. Only a few months ago Defense when they made critical deci- committed to the security of our Na- did Congressman GOSS introduce, for sions about committing thousands of tion. Occasionally, there will be those the first time, legislation to reform the American soldiers and their lives to who will disappoint us, but that is true intelligence community. It should be the cause of Iraq. of virtually every institution in Amer- noted that on July 25, 2002, Mr. GOSS What do we know of Ahmed Chalabi? ica. But remembering their patriotism voted against the amendment of Con- We know that some 5 years ago, the and the fact that many of them put gressman Tim Roemer of Indiana on Central Intelligence Agency and the their lives on the line, there came a the House floor creating the inde- Department of State stopped dealing moment in time when columnist Rob- pendent National Commission on Ter- with Mr. Chalabi because they did not ert Novak outed the identity of a CIA rorist Attacks Upon the United States, believe he was credible. They didn’t agent, Valerie Plame. This is not only commonly known as the 9/11 Commis- trust his judgment. They wouldn’t disgraceful, it is dangerous. It meant bring him into the councils to make sion. That is an incredible fact that that her life and her career were in important decisions. must be taken into consideration. danger. It sent ripples through the in- But Department of Defense Under The man who is seeking to be head of telligence community of men and Secretary Rumsfeld and his special as- the Central Intelligence Agency, at sistant, Mr. Douglas Feith, thought women in similar positions wondering this moment, when significant reform Chalabi was just what the doctor or- who would step forward in Washington is about to take place, voted against dered. He was there to confirm the to stand up for the integrity of our the creation of the 9/11 Commission, fears that they spread across America agents in the intelligence community. which has inspired both parties and the about Saddam Hussein. He was there to Mr. GOSS was then chairman of the President to our current state. confirm the presence of weapons of House Select Committee on Intel- This 9/11 Commission Report is the mass destruction, which became the ligence. He was asked in October 2003 foundation upon which current intel- clarion call of this administration, whether he would investigate the pur- ligence reform efforts are being under- drawing us into an invasion of Iraq. He poseful identification of covert CIA taken. I met personally with Congress- was the one constantly suggesting that agent Valerie Plame. Mr. GOSS re- man GOSS because I do respect him, there was a connection between the 9/11 sponded, ‘‘If somebody sends me a blue and I wanted to hear his explanation. terrorism in the United States and dress and some DNA, I’ll have an inves- How can he ask to be head of the CIA, Saddam Hussein. tigation.’’ when he voted against the creation of What happened to Ahmed Chalabi? Mr. GOSS apologized publicly and pri- the 9/11 Commission? Those who follow news know what hap- vately for that statement, but the fact His argument was not convincing. He pened. He went to Iraq, became a some- remains that he was loathe to chal- argued it was a matter of timing; that what controversial figure in the provi- lenge any intelligence-related decision while he was undertaking a joint in- sional government, returned to the of this administration. quiry about 9/11, the creation of a sepa- United States, and was treated by some That is not at all reassuring when we rate commission might, in fact, lead to in the administration as a conquering consider the well-documented intel- the executive branch stalling informa- hero. ligence failures leading up to 9/11 and tion or refusing to cooperate. That was In fact, at one moment in time, to prior to the invasion of Iraq. hardly a satisfying answer. the embarrassment, I am sure, of ev- This is not a routine appointment. In addition, it appears that as chair- eryone involved today, Ahmed Chalabi This is not a routine position. Intel- man of the House Intelligence Over- was positioned behind the First Lady ligence is the first line of defense in sight Committee, Congressman GOSS at one of President Bush’s State of the our war against terrorism. It is the has been reluctant to conduct aggres- Union Addresses so that he would be on first line of defense for the American sive oversight of Intelligence Com- camera, showcased before the Amer- people and our national security. Hav- mittee issues, particularly when they ican people. ing the best intelligence network and appear to deal with issues that may be Fast forward just a few months. the best intelligence agency will be embarrassing to the current adminis- Ahmed Chalabi has now been the sub- critical if we want our children to live tration. For example, although the ject of extensive searches by the Amer- in peace and safety. That is why it is so Senate Intelligence Committee com- ican Government because of our sus- essential that we bring a person to this pleted the first phase of its inquiry picion that he has not only misled us job who understands what we have into the intelligence community’s per- about information on Iraq but has had lived through during the past 4 years. formance regarding prewar intelligence some connection with Iran of an en- Lengthy reports by the 9/11 Commis- related to Iraq, and issued a public re- tirely dubious nature. Ahmed Chalabi sion, as well as the Joint Intelligence port, the House Intelligence Com- is persona non grata in this country. Committee’s inquiry, have come to the mittee, under Mr. GOSS’s leadership, We are no longer sending him some conclusion that our intelligence agen- has yet to complete a similar thorough $350,000 to $360,000 a month to subsidize cy failed us before the 9/11 attack. We investigation, despite starting it last his lifestyle. He virtually has been ban- know now that they should have gath- year. ished from his role as prime adviser to ered more information, shared more in- As another example, in June of this the United States. formation, drawn obvious conclusions, year during the House Intelligence When Mr. GOSS was confronted with and done something proactive to pro- Committee’s markup of the fiscal year this and asked by his own committee tect America. They did not and 3,000

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.079 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9509 innocent Americans died in Pennsyl- ‘‘The record is the record.’’ I don’t and using fabricated intelligence to vania, Virginia, and New York. know what that means. I have never draw us into the war in Iraq. Similarly, there came a point in time before heard it from another witness I have repeatedly questioned why the when we had to make a critical deci- nor nominee. But it basically told the President has waited more than 3 years sion in America whether to launch a Intelligence Committee he wasn’t since September 11 to begin a serious preemptive attack against Saddam about to discuss the issue with us. discussion of restructuring, reori- Hussein in Iraq, the first such preemp- I am sorry. I think Mr. GOSS should enting, and reforming our intelligence tive attack in our history. We were have been open and candid and told us capabilities. told it was essential that we do so. We exactly what he meant, and if he made I am here today to support the nomi- were told by the President, the Vice a mistake to concede that point. It nation of PORTER GOSS precisely be- President, the Secretary of State, the would have put him in a much better cause of these concerns. From my per- Secretary of Defense, the head of the position to be a credible agent for non- sonal experience, I can tell you that CIA, and virtually every spokesman of partisan leadership and for change as PORTER GOSS is the right man for this the Government that it was essential Director of the CIA. job. He is uniquely qualified to serve as we attack Saddam Hussein because he Because I have serious doubts about America’s Director of Central Intel- had arsenals of weapons of mass de- Mr. GOSS’s commitment to reform, his ligence. He is a man of great character, struction which could be used against ability to be independent and non- exceptional intelligence, a tremendous the Middle East, other countries in the partisan, I do not believe he is the work ethic, and outstanding personal region and the United States, that he right person to be serving at the helm and professional integrity. was developing nuclear weapons that of the intelligence community during Let me share a story. would be a danger to the world, that he this extraordinarily challenging time As Governor of Florida, I had known possessed unmanned aerial vehicles and I will oppose his nomination. of PORTER GOSS as he served as a dis- that could even strike the United I concede the outcome of the vote on tinguished mayor of the town of States, that he was linked with the al- this nomination. I assume he will be Sanibel Island, FL. In the early 1980s, Qaida attacks of 9/11, and the list goes comfortably confirmed by the Senate. the county in which Sanibel is located, on and on. Today, a year and a half I sincerely hope Mr. GOSS will take Lee County, FL, was in the midst of after the invasion, we have found that my comments and the comments of probably the largest public works intelligence information was wrong, those who vote against him as a chal- project in the history of that county, a just plain wrong. lenge to him in his new role at the CIA. major new airport which is now known Think of it. Depending on the intel- I hope he proves me wrong. I hope that as the Southwestern Florida Inter- ligence community as our first line of I stand before this Chamber in the fu- national Airport. defense, it failed. It failed to alert us of ture and say he was nonpartisan, he In the midst of that, three of the five the danger of 9/11, it failed to accu- was committed to reform, he was pre- members of the county commission rately assess the state of one nation, pared to tell this administration and were indicted for corruption, largely Iraq, before we launched an invasion any administration he served the relating to activities involving the which has cost us over 1,000 American truth, even if it was politically painful. construction of the airport. The county soldiers’ lives, over 7,000 seriously I hope that day will come. government was in disarray. Public wounded, and literally billions of dol- I yield the floor. confidence in the county government lars. The PRESIDING OFFICER. The Sen- had sunk to a new low, and this major, Can the intelligence community con- ator from Florida. critically important project to the fu- tinue with business as usual? No. If Mr. GRAHAM of Florida. Mr. Presi- ture of the citizens of southwest Flor- there was ever a time in our history dent, I have listened with interest to ida had come into question. It was my when we needed someone clearly non- the comments of my good friend from responsibility as Governor of Florida partisan, someone who would stand up Illinois, as I did earlier today by my to first suspend from office those indi- to a President of either political party friend from West Virginia. I respect viduals who had been indicted, and and tell them the sober, cold truth, their analysis of this nomination. I then to look for three citizens of Lee even if it wasn’t popular, if there was hope they respect my disagreement County who could assume the impor- ever a time that we needed a Director with that analysis. tant responsibility of restoring the in- of the CIA determined to reform that I rise today to support the nomina- tegrity of county government and com- agency and the other intelligence agen- tion of a friend, a man with whom I pleting the important airport project. cies under his supervision, that time is have worked for over 25 years, a fellow Although I am a Democrat, and had today. This is not a routine nomina- Floridian whose judgment and integ- just been reelected as a Democrat, and tion. This is a nomination as impor- rity I highly regard. PORTER is a Republican, it was my feel- tant as any to be considered by the I support the confirmation of PORTER ing that his personal characteristics Senate. GOSS as the next Director of the CIA. I were more important than his party I will not go into the lengthy par- have known Congressman GOSS and his label, and so I appointed him to one of tisan statements made by Mr. GOSS so wonderful family for more than two those three positions. And from that many times in the past where he has decades. I commend them for their appointment, he quickly became the taken to task my political party, mem- willingness to delay the well-earned re- chair of the Lee County commission. bers of it, suggesting that we were tirement which they thought would lie Party affiliation did not matter then. weak on defense, weak on intelligence. before them at the end of this session I do not believe party affiliation should In fact, he was drawn into this Presi- of Congress to take on this very dif- matter today in determining who dential campaign in a role now which ficult and important responsibility. should be the next Director of our Cen- he has neither explained nor given us My colleagues know that I have been tral Intelligence operation. What much to work with. extremely critical of this administra- mattered then was the fact that POR- When we went to Mr. GOSS and said, tion for, among other things, its failure TER, with his clear commitment to You have criticized Senator KERRY and to hold anyone accountable for the in- public service, his integrity and his Democrats for intelligence spending telligence failures that allowed terror- leadership skills, at a time when his but back in 1995 you were the cosponsor ists to strike our Nation on September community desperately needed all of of a budget proposal that would have 11, 2001, and for the failure that led us them, was able to recapture the con- had a minimum 20-percent cut in our into the war in Iraq. fidence of the people, was able to re- intelligence community personnel, he I have been extremely critical of the start this important airport project, wouldn’t answer the question. When President and the Vice President for which now is one of the most impor- confronted by Senator ROCKEFELLER allowing America to be distracted from tant economic assets of the commu- with his obvious contradiction between the real war against terror in Afghani- nity. his accusations and his actions, Mr. stan and to call upon us to retreat When it comes to the intelligence GOSS refused to acknowledge the obvi- from that real war against the real ter- community, Congressman GOSS has the ous. The best he could tell us was, rorists who had killed 3,000 Americans balanced perspective of having been

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.082 S22PT1 S9510 CONGRESSIONAL RECORD — SENATE September 22, 2004 both an insider and an outsider. For a as DCI he will need to be non-partisan reviewing Congressman GOSS’s record, decade early in his career, he served and objective if he is to provide the I am not convinced that he would be the Nation both in Army Intelligence President with independent judgments that kind of DCI. For example, the and the CIA. He knows from personal, about the intelligence he provides, and Washington Post reported that in 2002, firsthand experience the value and the during his nomination hearings, he when asked about intelligence failures risks of clandestine operations. made a commitment to do just that. in Iraq, Congressman GOSS said ‘‘I Since he has been in Congress—elect- We must hold him to his commitment. don’t like to see the left-wingers splat- ed in 1988—and especially as a member Many of my colleagues have come to tering mud on an agency that’s done of the House Permanent Select Com- the floor today to speak of PORTER some very fine work.’’ The Senate In- mittee on Intelligence, he has come to GOSS’s integrity and his strong quali- telligence Committee produced a unan- know the agencies from an oversight fications. He will no doubt be con- imous 500-page report on the massive capacity. firmed and will take on one of the most CIA failures leading up to the Iraq war. Now, some have said he is too close critical jobs in our government at a I would not characterize the committee to the intelligence agencies, that he is time of uncertainty about how his very as ‘‘a bunch of left wingers.’’ We need too protective of the status quo. But job will be structured. The 9/11 Com- someone who is committed to inde- from my partnership with him as co- mission has made a compelling case for pendence and reform, not an ideology. chairmen of the congressional joint in- making major changes to the organiza- During his nomination hearing, Con- quiry into the events of September 11, tion of our intelligence community. gressman GOSS was very reluctant to it is my firm belief, and my assurance The new threats which confront us re- admit there had been intelligence fail- to my colleagues, that PORTER GOSS quire a more cohesive intelligence ef- ures on the part of the intelligence can and will be independent in his judg- fort that emphasizes shared intel- community during the most recent ments. PORTER GOSS will also be clear ligence over turf battles. To meet this Iraq War. And, when asked questions and tough minded in determining challenge, we need a leader at the helm about some of his partisan comments, where there are needed reforms and of the intelligence community who em- Congressman GOSS answered many of leading us to those reforms. braces the spirit of reform—even if not them by simply saying ‘‘the record is If any of my colleagues or citizens of all the specifics of the 9/11 Commission the record.’’ Whatever that means, it is this great Nation wish to have an indi- recommendations—and who is willing not an acceptable answer from a nomi- cation of where those reforms are like- to implement the reforms that all nee for Director of Central Intel- ly to take us, I would direct you to the agree are sorely needed. I have no ligence. 19 reforms recommended by that con- doubt that PORTER GOSS is capable of I will vote against Congressman gressional joint inquiry, upon which managing the changes that need to GOSS. I hope that, if confirmed, he will our Presiding Officer participated with take place and I am hopeful that he prove me wrong. great distinction. will dedicate himself to these efforts. Mr. DODD. Mr. President, I rise As we move to implement much- Mr. LEVIN. Mr. President, the most today to speak about the nomination needed reforms in our intelligence important quality I am looking for in a of PORTER GOSS to be the Director of community, I am confident PORTER Director of Central Intelligence is the Central Intelligence Agency, CIA. GOSS will not be part of the problem someone who can be relied upon to pro- Yesterday the Senate Intelligence but will be a leader in taking us toward vide objective intelligence assessments Committee voted 12-to-4 to send Rep- principled and effective solutions independent of the policy and political resentative GOSS’ nomination to the which will make Americans safer. agenda of the White House. Too often Senate floor. I welcome the oppor- This time the President got it right. we haven’t had that. tunity to say a few words about this I strongly urge the confirmation of his The massive intelligence failures be- important nomination and about the nominee to be the Director of Central fore the Iraq war were, to a significant state of our Nation’s intelligence com- Intelligence, PORTER GOSS. degree, the result of the CIA shaping munity. Mr. KOHL. Mr. President, I intend to intelligence to support administration As my colleagues know, in 1947, vote today to confirm the nomination policy. The CIA’s errors were all in one President Harry Truman signed legisla- of Representative PORTER GOSS to be direction, making the Iraqi threat tion which provided for the establish- the Director of Central Intelligence. I clearer, sharper and more imminent, ment of the CIA. This important agen- recognize the deep experience that thereby promoting the administra- cy supports the President, the National Representative GOSS brings to this po- tion’s decision to remove Saddam Hus- Security Council, and American offi- sition as the recent Chairman of the sein from power. Nuances, qualifica- cials who play a role in shaping or exe- House Permanent Select Committee on tions and caveats were dropped; a cuting the national security policy of Intelligence, and as a former CIA offi- ‘‘slam-dunk’’ was the assessment. The the United States. The CIA engages in cer and Army intelligence officer. I CIA was saying to the administration, research and analysis of information, also understand the unique role the to the Congress, and to the American as well as a host of other activities re- DCI plays in providing the President people what it thought the administra- lated to foreign intelligence and na- with intelligence and advising him on tion wanted to hear. tional security. intelligence matters. Thus, I believe The problem of intelligence being However, as every American knows that on balance Mr. GOSS’s qualifica- manipulated and politicized is not new. all too well, times have changed since tions are sufficient to confirm the Forty years ago, Secretary of Defense 1947. We are now engaged in new bat- President’s choice for this position. McNamara used classified communica- tles. We are facing new threats. The However, I want to express concerns tions intercepts, later proved to be Soviet Union is no longer our arch about PORTER GOSS and the very par- very dubious, to push for passage of the enemy. Instead we face an enemy that tisan way in which he has conducted Gulf of Tonkin resolution, which was is dispersed throughout the world in himself. His statements then used by President Johnson as the small cells—sometimes connected, mischaracterizing Democratic presi- legislative foundation to expand the sometimes acting independently. The dential nominee Senator JOHN KERRY’s war in Vietnam. new threat—terrorism—is an asymmet- positions on intelligence and accusing Intelligence was manipulated by rical one. Congressional Democrats of being weak then-DCI William Casey during the Nonetheless, we must remember that on intelligence are not the sort of rhet- Iran Contra period. The bipartisan terrorism alone is not our enemy. It is oric we want associated with the leader Iran-Contra report cited evidence that a tactic used by our enemies. There- of our intelligence community. As Director Casey ‘‘misrepresented or se- fore, our task is twofold. First, we former Secretary of State Henry Kis- lectively used available intelligence to must defeat soundly those who would singer testified in the Appropriations support the policy he was promoting.’’ attack our country and endanger the Committee yesterday, the ideal leader We need a different kind of DCI, one security of Americans. But secondly, for our Nation’s intelligence commu- who is not going to be influenced by we must also defeat the murderous ide- nity should be as non-partisan as pos- the policy choices or politics of what- ology of terrorism. That is because ter- sible. Mr. GOSS has acknowledged that ever administration is in power. After rorism is the enemy of all humankind.

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.085 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9511 It knows no faces, names, or nationali- that agency. He will have to have after Mr. Clarke’s testimony to the 9/11 ties. And I am confident that a strong credibility within the institution of the Commission became so embarrassing America, which is respected by our CIA if he is to be successful. Institu- to the White House. friends and allies, can defeat this tions resist change. Based upon Mr. He did not support an inquiry into scourge. GOSS’ weak oversight of the agency, I Ahmad Chalabi, even after allegations Indeed, one thing we can all agree am not confident that he has the that Chalabi had leaked American se- upon in this body is that a strong and wherewithal to overcome the resist- crets to Iran, because the Chalabi af- capable intelligence effort has never ance he will confront to the funda- fair was embarrassing to White House been more important to the security of mental reforms being contemplated. and the Pentagon. our Nation. That brings me to the Actions always speak louder than Mr. GOSS waited until June of this nomination before us today. At the words. Unfortunately, we don’t know year to introduce legislation to reform best of times the job of Director of Cen- what Mr. GOSS’s actions will be as di- our intelligence community a full 18 tral Intelligence is a difficult one. And rector, but we do know what his ac- months after the initial joint congres- we all know that these are not the best tions have been as chairman of the sional inquiry that he helped lead un- of times. Our intelligence infrastruc- House Intelligence Committee. In my covered massive structural problems ture failed this Nation when we needed opinion, to confirm Mr. GOSS with such the resulted in the intelligence failures it most. uncertainty about his ability to get the before 9/11. That is not leadership. That There are two important traits that job done would be irresponsible. is not vision. the next Director of the CIA needs to This position is too critical to leave In his confirmation hearing, when possess in order to be successful in re- to chance. The agency is currently asked repeatedly about his partisan storing the effectiveness of our intel- being led by a very able career intel- statements and actions, he offered no ligence capabilities. ligence director. He is already working explanation. He repeatedly offered the First, it is of the utmost importance with the committees of Congress to de- same unsatisfactory response: ‘‘the that the Director of the CIA be non- vise a plan to restore the effectiveness record is the record.’’ If the record is the record for Mr. partisan. The safety of the American and credibility of the US intelligence GOSS, then it is a record that puts poli- people is not a matter of political par- community. In the immediate future, tics above the national interest. If the ties. National security is an issue that he will continue to do so. record is the record, then it is one that must unite us in a common cause. To For those reasons, I will oppose this places partisan gain ahead of the facts. that end, I share the deep concerns of nomination when the Senate votes If the record is the record, then Mr. several of my colleagues that some of today. GOSS is the wrong person to serve as Representative GOSS’s comments dur- Mr. KENNEDY. Mr. President, I in- our Nation’s Director of Central Intel- ing his tenure as chairman of the tend to vote against the nomination of ligence. House Intelligence Committee were PORTER GOSS to serve as Director of Mr. GOSS cannot, even now, cite a overly partisan and blindly supportive Central Intelligence. single instance in which public state- of the Bush administration. The American people have learned ments of Bush administration policy- Moreover it is critical to recognize much since 9/11 about the vital role of makers mischaracterized the available that he chose to become involved in objective, nonpolitical intelligence in intelligence prior to the Iraq war. If he the political process. That decision was keeping us safe at home and in pro- can’t speak the plain truth about such not forced on him. He chose it freely. tecting American interests abroad. We an obvious fact, how can the American And I believe that it has undermined also have witnessed the disastrous con- people have any confidence in him as his ability to be a nonpartisan Director sequences of the administration’s ma- the head of our intelligence commu- of Central Intelligence, DCI. There is nipulation of intelligence in its rush to nity? no question that intelligence has been war in Iraq—disastrous for our brave The challenges of 9/11 and the admin- politicized in this administration. I troops on the ground, for their fami- istration’s misuse of intelligence in know it. The American people know it. lies, for our country, and for our stand- rushing to war in Iraq demand that any And the civil servants who work at the ing in the world. reforms to our intelligence community CIA know it. To rush to confirm an in- When it comes to intelligence, this is be rooted firmly in the principle that dividual who has played a role in po- no time for politics. As we reorganize intelligence must be completely insu- liticizing intelligence is extremely un- and strengthen our intelligence struc- lated from partisan politics and ide- wise and only serves to further demor- tures, we need a leader of the CIA ology. The confirmation of PORTER alize the individuals who are working whose only loyalty is speaking truth to GOSS as Director of Central Intel- so hard to protect our national secu- power. ligence violates that principle in the rity. We need an unbiased advisor to the most fundamental sense. Second, he or she must have the President, not a partisan—someone We owe it to our fellow citizens to do knowledge and experience necessary to who will deliver the good news and the better. I oppose the nomination of POR- lead some of our most critical intel- bad with candor, foresight, and author- TER GOSS. ligence efforts. We cannot ignore the ity. With PORTER GOSS, however, we Mrs. BOXER. Mr. President, I will fact that the most egregious lapses in get not only a partisan, but a cheer- vote for the nomination of PORTER history by our Nation’s intelligence leader for the Bush campaign. GOSS to be Director of the Central In- community happened while Mr. GOSS What is most disturbing about the telligence Agency. was chairman of the House Intelligence PORTER GOSS nomination is that he has I served with PORTER GOSS during my Committee—the committee responsible offered no explanation for his partisan time in the House of Representatives. for ensuring that US intelligence agen- behavior as chairman of the House Per- He is a good, intelligent man with a cies function effectively. If he failed in manent Select Committee on Intel- tremendous work ethic. He has served his oversight responsibilities, as I be- ligence. his country honorably in the Army, as lieve he has, how then can we have any He has made partisan attacks on a CIA officer, and as a congressman confidence that he is capable of accom- JOHN KERRY for cutting intelligence from Florida. plishing an even more difficult task— budgets, when Mr. GOSS himself voted 7 He is the President’s choice and I am the fundamental reform of the entire out of 10 years to scale back intel- willing to give the benefit of the doubt. intelligence apparatus? I do not believe ligence appropriations. However, the two days of nomination that we can. He was initially unwilling to pursue hearings held by the Senate Select We all know that the 9/11 Commis- the administration’s vengeful leak of Committee on Intelligence highlighted sion has recommended a major over- the name of CIA agent Valerie Plame several areas of concern, and my vote haul of our intelligence operations. to the press, which ended her career as today should not be seen as support for Much of that will have to be done at a covert CIA officer and endangered her Congressman GOSS to become the Na- the CIA. It is going to take an indi- life. tional Intelligence Director. vidual with very strong management He rushed to discredit former Mr. BIDEN. Mr. President, Congress- skills to carry out the restructuring of counterterrorism czar Richard Clarke man PORTER GOSS will become Director

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.087 S22PT1 S9512 CONGRESSIONAL RECORD — SENATE September 22, 2004 of Central Intelligence at a difficult ancing those needs is a continuing demonstrated the enormous challenges and important time for the U.S. Intel- challenge, especially as the funds for we face in restructuring, reforming and ligence Community. In the coming intelligence will often compete against improving our intelligence capabilities. months, he must help both Congress other defense priorities. At this critical moment, we should be and the administration to take sensible We need intelligence collectors and focusing our efforts on enacting into steps on intelligence reform. In the analysts with a wider range of lin- law the recommendations of the com- years to come, if he remains in office, guistic and cultural skills than ever be- mission, including the creation of the Mr. GOSS must lead our intelligence fore. Once we fought a communist position of National Intelligence Direc- agencies into a new era of flexibility, enemy that was worldwide, but cen- tor. The confirmation of a new Direc- skill, and inter-agency cooperation. trally directed. Now we must vanquish tor of Central Intelligence, when the I will vote in favor of confirming Mr. the twin perils of radical Islamic ter- role of the DCI has yet to even be de- GOSS to this position, although not rorism and the proliferation of weapons fined, does not advance the hard reform without some misgivings. I will sup- of mass destruction, both of which are work yet to be done. Nor does the ap- port his confirmation in part because I nearly world-wide, but no longer con- pointment of PORTER GOSS, whose ob- know him to be a gentleman and a man trolled by a central, well-defined jectivity, capacity to work across with a deep and sincere interest in in- enemy. party lines, and openness to reform are telligence, as well as substantial back- And we need technical intelligence subject to serious question. ground in the field. I will support him collection systems that are ever more The National Intelligence Director because many others who know him powerful, that provide more real-time envisioned by the 9/11 Commission will well, including our colleagues from information, and that will be effective oversee our intelligence community, Florida and others whose views I rein a world where technology often fa- including the DCI. It is critical that we spect, have contacted me and testified vors secrecy over transparency. clarify, in law, the relationship be- to his integrity and capabilities. We need seamless sharing of very tween these two positions. Unfortu- And I will support Mr. GOSS because sensitive intelligence information—be- nately, the administration, by the President wants him. A CIA Direc- tween agencies, between countries, and prioritizing the nomination of the DCI tor cannot succeed unless the Presi- between Washington and the State and over the restructuring of our intel- dent likes and respects him enough to local forces that guard us from ter- ligence community, seems to be sig- take seriously the facts and warnings rorism on a daily basis. ‘‘Stovepipes’’ naling an attachment to the status the Director conveys to him. The and ‘‘rice bowls’’ are outmoded and in quo. Congressman GOSS’s record, in which President must be willing to accept ad- need of a real make-over to meet the he has repeatedly rejected independent vice when the Director says that some- needs of the 21st century. efforts to improve our intelligence thing is not ‘‘a slam dunk,’’ and I hope At the same time, however, we need whenever those efforts were perceived strong protections for our civil lib- that this President will be willing to to be contrary to the interests of the erties, which are the very foundation of accept such advice from this nominee. Bush administration, is also cause for As a matter of general policy, how- our society. When the most recogniz- concern. He opposed the establishment ever, I have real concerns about ap- able member of this Senate is denied of the 9/11 Commission, he attacked the pointing a partisan politician to such an airline ticket in his home town be- integrity of Richard Clarke, the former sensitive positions as Director of Cen- cause his name shows up on some Gov- coordinator for counter-terrorism at tral Intelligence or Director of the FBI. ernment list, we know that the intel- the National Security Council, he op- In 1976, I voted against George H. W. ligence feeding into our homeland se- posed an investigation into the disclo- Bush as Director of Central Intel- curity programs leaves a lot to be de- sure of the identity of a CIA operative, ligence for precisely that reason. I sug- sired. and he referred to the bipartisan Sen- That is quite a menu of challenges, gested: ‘‘The chances for forceful integ- ate investigation into the abuse of rity will be infinitely greater if the Di- and they must all be addressed. There Iraqi detainees as a ‘‘circus.’’ rector of Central Intelligence is a high- is no ‘‘pick one from column A’’ option Congressman GOSS has also opposed ly respected nonpolitical figure.’’ in heading U.S. intelligence. investigations into intelligence on The need for a DCI to transcend par- In addition to all that, the Director Iraq, in particular the use of intel- tisan politics is crystal clear. He is the must be willing and able to ‘‘speak ligence by the administration. He dis- person who must be able to tell the truth to power.’’ He must have the missed Senators who called for an ex- President that the world is not as the stature and Presidential trust that amination of the circumstances that President might wish it, that a cher- leads top officials to accept his warn- led us to war as ‘‘attack dogs’’ and ished policy proposal will not work, or ings and advice. And he must be an charged that they were expressing ‘‘ar- that some unforeseen development able defender of the independence of in- tificial outrage.’’ He has also implied poses a threat to our national security. telligence analysis, while still insuring that open discussions of the challenges As we remove the walls between do- that it is relevant to the needs and facing our intelligence damage the mo- mestic and foreign intelligence, more- concerns of policy-makers. rale of our armed forces and aid our en- over, the DCI—like the FBI Director— I will support the confirmation of Mr. emies. These are not the statements of will be handling and presenting sen- GOSS in the hope that he will transi- someone who appears prepared to un- sitive information on American citi- tion successfully from a serious con- dertake the difficult work of reform, zens. gressman and a leading partisan figure without regard to political consider- The next DCI will preside, moreover, to a clear-eyed, independent Director ations. over great and perhaps wrenching tran- of Central Intelligence who is able to This reform will require cooperation sition in U.S. intelligence. The report rally his troops, to make them as effec- between the administration and the of the 9/11 Commission highlighted a tive as possible, and to keep policy- Congress and between Republicans and series of long-standing shortfalls in our makers from misusing or ignoring the Democrats. Unfortunately, Congress- intelligence agencies. Although the work of the thousands of skilled and man GOSS has made repeated, incen- particulars regarding the fight against patriotic men and women who work in diary charges, including allegations al-Qaida may have been new, the chal- U.S. intelligence today. The perilous that the Democratic Party does not lenges facing U.S. intelligence are ones times in which we live demand nothing support the intelligence community that go back many years: less than complete dedication to those and that Senator KERRY seeks to ‘‘dis- We need to provide instant and accu- objectives. mantle the nation’s intelligence capa- rate intelligence to our military forces, Mr. CORZINE. Mr. President, after bilities.’’ These charges are not only and this drives much of our intel- much deliberation, I have decided to flat wrong, they are completely coun- ligence collection and analysis today. vote against the confirmation of POR- terproductive to the bipartisan effort At the same time, however, we need to TER GOSS to be Director of Central In- that is urgently needed at this mo- provide a wide range of so-called ‘‘na- telligence. The conclusions of the 9/11 ment. tional’’ intelligence to the rest of the Commission, as well as the failures of Repairing our intelligence capabili- national security community. Bal- our pre-war intelligence on Iraq, have ties is critical to fighting the war on

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.099 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9513 terrorism and is an urgent priority. We Select Committee on Intelligence. In The CIA is in turmoil. The hard- must enact into law the recommenda- that position he has worked fairly with working men and women of the Agency tions of the 9/11 Commission. We must both parties and both bodies of Con- need a strong leader who will reform examine the failures of our intelligence gress without compromising his beliefs. the system to make sure that the in- related to Iraq. We must begin the I am confident he will continue to formation they offer is used in a proper work of restructuring our intelligence work honestly and fairly with Rep- and timely fashion. The people of this community so that it is more effective resentatives and Senators of both par- country need to know that the U.S. in- and less politicized. These challenges ties in his new job. telligence community is doing its best require the utmost objectivity, inde- Representative GOSS’s practical and to protect and serve U.S. national in- pendence, and nonpartisanship from political experience will also pay divi- terests. the Director of Central Intelligence. dends as the entire intelligence com- I do not believe that Mr. GOSS is the Any reluctance on the part of the DCI munity is reformed in the coming best candidate to lead the intelligence to fully engage in the reform process, weeks and months. He has proven his community through a difficult task of for whatever reason, could set us back openmindedness in constantly seeking reform and restoring confidence in the at a moment when we can least afford to improve our intelligence capabilities midst of a war. it. and structures during his tenure in It is important that our intelligence Mr. BUNNING. Mr. President, I speak Congress. He has held dozens of hear- not be partisan, yet Mr. GOSS has been today in support of the nomination of ings on problems in the intelligence partisan in his comments over the past Representative PORTER J. GOSS to the community and how to fix them. He year. He has been fiercely critical of Director of Central Intelligence. He is was a member of the Aspin-Brown former President Clinton, our col- a good man and a good friend. Presi- Commission, which took a deep look at league Senator KERRY, and the Demo- dent Bush could not have selected a our intelligence community and pro- cratic Party. His comments do not lead more capable and qualified man for the vided some of the recommendations me to believe that he will now abandon job. He brings to the Central Intel- that we are currently reviewing. He his partisanship or his political ap- ligence Agency and the intelligence also cochaired the bicameral investiga- proach as the Director of CIA. community what they have needed for tion on intelligence issues surrounding No greater task lies before us today years—intelligence experience, polit- the 9/11 terrorist attacks. His open than to reform the intelligence com- ical experience, an open mind, and for- mind and willingness to think criti- munity so that it is effective as the ward thinking. cally about the status quo will serve us leading weapon in the war on ter- I first met Representative GOSS all well. rorism. Mr. GOSS certainly knows the shortly after he was elected to the I have seen firsthand his dedication, CIA and the intelligence community, House of Representatives in 1988. We integrity, and character, and I support but in these times, experience is simply served together for 10 years before I Representative GOSS’s nomination not enough. A leader committed to re- was elected to this body. Representa- without reservation. I wish him well in form without regard to politics is also tive GOSS and his wife, Mariel, are per- that extremely important job and I critical. Those attributes, I fear, Mr. sonal friends of my wife and myself to look forward to seeing him in briefings GOSS does not have, and therefore I op- this day. I know his personal character and hearings in the coming months. pose his nomination. and I am confident he will bring integ- Mr. REED. Mr. President, I rise to Mr. MCCAIN. Mr. President, I rise to rity, honesty, and forthrightness to his discuss the nomination of PORTER GOSS express my support for the swift con- new job. to be Director of Central Intelligence. I firmation of Congressman PORTER The Director of Central Intelligence served with PORTER GOSS in the House GOSS as Director of Central Intel- holds one of the most important and of Representatives and I respect him. ligence. I have been privileged to know unforgiving jobs in our Government. However, I do not believe he is the best Mr. GOSS for a number of years, and I All his actions and decisions are ana- choice for the position in these times. can attest that he is a leader, a man of lyzed and criticized by politicians, the On September 11, 2001, our country personal intelligence and integrity, and press, and the public. And the pressures suffered a devastating attack. Now our a true patriot. He is also extremely on the intelligence community are im- country is in the midst of a war on ter- well qualified for the position to which mense. They must be right 100 percent ror and a war in Iraq. There have been he has been nominated. of the time, while the terrorists only many examinations of our intelligence I do not believe I am divulging any have to be right once. That is a heavy leading up to September 11, leading up state secrets when I mention that POR- burden for one man to bear, but I be- to the war in Iraq, and as we continue TER GOSS knows the intelligence com- lieve Representative GOSS is up to the to wage the war on terror. There are munity from the ground up—beginning challenge. many unanswered questions about with his service as a young case officer I cannot think of anyone with more whether the intelligence was accurate, and most recently as chairman of the experience for this job. Representative whether it was manipulated, whether House Intelligence Committee. His 10- GOSS has extensive experience in intel- our soldiers and leaders can rely on it year career with the Central Intel- ligence, on both the practical and pol- each and every day as they make dif- ligence Agency gave him a thorough icy sides. He knows firsthand the im- ficult decisions. understanding of how that large orga- portance of human intelligence, serv- I recognize that members of the nization operates—invaluable backing as an intelligence officer in the President’s Cabinet, like the Secretary ground as the Congress and the execu- Army and as a case officer in the agen- of Defense and the Secretary of State, tive branch proceed with various plans cy he will now lead. At that time the must weigh political considerations as for reorganizing the intelligence com- United States was promoting freedom they develop policy. However, the Di- munity. His experience on the CIA and fighting the evil of communism. rector of Central Intelligence is a staff, combined with his oversight re- Though the evil we now face takes a unique position. It should stand above sponsibilities in the House, makes him different form, the value of informa- politics. The citizens of the United perhaps uniquely qualified to under- tion and power of knowledge remain States have the right to assume that stand the challenges and opportunities the same. the Director of Central Intelligence is facing the community today. Congress- We are in the midst of a review and providing objective information and man GOSS has demonstrated time and reform of our intelligence organiza- analysis to allow the President to again his commitment to the needs and tions, and, going forward, one of the make the best possible decisions. goals of the intelligence community in most important jobs for the Director of When Director Tenet resigned, the its service to our Nation and the Amer- Central Intelligence will be working President had an opportunity to ap- ican people. He is not merely qualified. with Congress. Again, Representative point a nominee who was nonpartisan, He was meant for this position. GOSS’s experiences will be an asset to nonpolitical. He did not do so. Instead When he takes up his duties, he will the intelligence community and the he chose Mr. GOSS, who clearly knows do so at a time of great change in the Congress. For the last 8 years he has the intelligence community well, but is intelligence community. Reeling from been chairman of the House Permanent also clearly partisan and political. the intelligence failures of 9/11 and

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.100 S22PT1 S9514 CONGRESSIONAL RECORD — SENATE September 22, 2004 Iraq, and faced with comprehensive re- strongly support the nomination of When I went from the House to the organization, the community’s leader- PORTER GOSS. Senate in 1994, I took the place of Sen- ship has rarely been so important. I am The PRESIDING OFFICER. The Sen- ator David Boren, who is now the presi- confident that Mr. GOSS will lead the ator from Kansas. dent of Oklahoma University. He is a CIA in an independent and nonpolitical Mr. ROBERTS. Mr. President, we very close friend of mine. He was my manner as he has committed to do, en- have two speakers. I inform the distin- predecessor in this Senate seat. He was suring that policymakers receive the guished leader, the minority whip, a also chairman of the Senate Select best intelligence and analysis that our man from Searchlight, that we have Committee on Intelligence. The thing government can provide. I am also con- two speakers. he warned me of when I first came in fident that he will be helpful as the If I could ask Senator SNOWE how was: You are going to have to do some- Congress reorganizes itself in order to much time she would like to have. thing about this mess we have in intel- better conduct oversight over the intel- Ms. SNOWE. About 12 minutes. And I ligence. He said: You have the DIA and ligence community. We in the Congress would like to yield 2 minutes to the the CIA and the FBI and the NSA, and sometimes forget that intelligence fail- Senator from Oklahoma. nobody is talking to each other. ures the Nation has experienced are Mr. ROBERTS. All right. So a total I found out before too long that was not limited to the agencies alone. Con- of what, 15 or 20 minutes? the case. He said he had been working gressional oversight has been, as the Ms. SNOWE. Yes. on this for about 6 or 7 years and had 9/11 Commission put it, ‘‘dysfunc- Mr. ROBERTS. I am assuming by not been able to achieve it. It became tional,’’ and must be changed. about 4:45—I am not anticipating any a turf battle. On one occasion I found As we face the national security further speakers on our side. That there was a listening device the NSA challenges that are so evident to all of could change. had that they would not even share us, the Nation will be privileged to Mr. REID. If my friend will yield? with the FBI for some of their inves- have PORTER GOSS at the helm of the Mr. ROBERTS. I am delighted to tigations. This was wrong. CIA. America needs an individual who yield. We have come a long way since that will help lead our intelligence agencies Mr. REID. We could not have a vote time. It has been my experience in both into a new era. I wholeheartedly sup- before 5 o’clock. Kosovo and Bosnia that you have a lot port his confirmation. Mr. ROBERTS. Right. of these agencies around the table Mr. DOMENICI. Mr. President, I rise Mr. REID. We have a couple people sharing information and working to- today in strong support of the nomina- off campus doing other things. gether that did not do so before. So I tion of PORTER GOSS to be Director of Mr. ROBERTS. Could we agree to believe we have come a long way. Central Intelligence. Few people are as have a UC request in regard to a vote One of the reasons I have been resist- eminently qualified as he to lead the certain at 5 o’clock? ing a lot of changes within our intel- CIA at this critical time in our Na- Mr. REID. Mr. President, I would be ligence system is I wanted to wait tion’s history. happy to agree to having a vote at 5 until PORTER GOSS came on board. I be- PORTER GOSS combines experience as o’clock and having the time between lieve PORTER GOSS has more knowledge both a U.S. Army Intelligence and CIA now and then evenly divided. I frankly on intelligence than anybody else who officer with 15 years as a Member of don’t think we are going to be using could have been nominated. the U.S. House of Representatives. any more time, so if you need more I think the President made an excel- During his time in Congress he has time on your side, you could have part lent nomination. I think we see by this used his knowledge and experience to of ours. bipartisan support that we are going to serve as chairman of the House Perma- Mr. President, I ask unanimous con- be able to overcome the obstacles and nent Select Committee on Intelligence. sent that the vote occur at 5 o’clock move ahead aggressively in achieving He is a public servant who has earned and that the time between now and quality intelligence to protect the our confidence and that of the Presi- then be evenly divided. American people. dent to lead the dedicated men and Mr. ROBERTS. I have no objection. I I thank the Senator from Maine for women of the CIA who work tirelessly think that is an excellent suggestion. yielding to me. to preserve our Nation’s security. The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- Now at this time when Congress is objection, it is so ordered. ator from Maine. working hard to reshape our intel- Mr. ROBERTS. Mr. President, I yield Ms. SNOWE. Mr. President, I rise ligence services, I applaud the Presi- whatever time she may consume to the today regarding the nomination of dent for nominating a man like PORTER Senator from Maine. PORTER GOSS as our next Director of GOSS who understands what is working Ms. SNOWE. Fifteen minutes. Central Intelligence. I commend the with intelligence and that which needs Mr. President, I thank the Senator President for his timely submission of to be improved. And based on his expe- from Kansas, and I am glad to yield to this nomination as Director of the Cen- rience, he will undoubtedly be as well the Senator from Oklahoma. tral Intelligence Agency. Given our prepared as any DCI to communicate The PRESIDING OFFICER. The Sen- war on terror and the missions in Af- with Congress concerning the needs of ator from Oklahoma. ghanistan and Iraq, now is not the time the CIA, and to understand the over- Mr. INHOFE. Mr. President, I thank to leave a vacuum in leadership for our sight responsibilities of the legislative the Senator from Maine. Nation’s intelligence. branch as it pertains to the intel- Let me make a couple comments On that note, I also commend our ligence community. about this man. chairman, Senator ROBERTS, for his The challenges we face in defeating First of all, before he leaves the leadership in conducting the hearings global terrorism remain great. PORTER Chamber, I want to thank the Senator and shepherding the entire process so GOSS understands where we have made from Florida for his comments and for we can complete this confirmation and mistakes in both intelligence oper- his efforts in this nomination. I also ensure our intelligence apparatus has ations and assessment. He understands thank the chairman of our select com- the direction it deserves and the lead- that we need improved human intel- mittee in the Senate, the Senator from ership it must have in order to move ligence capabilities, as well as a cul- Kansas. forward. ture of competition among intelligence Two years after I was elected to the As we all know, this nomination ar- analysts, to ensure that policymakers House—I believe it was 2 years after- rived during a time in which we are have objective information and a range ward—PORTER GOSS was elected to the compelled to undertake the most proof options to choose from in meeting House from Florida. It took us no time found, sweeping reform of our entire the terrorist challenge. PORTER GOSS is at all to figure out this guy was one of intelligence community in nearly 60 committed to making these changes on the foremost authorities on the intel- years, 3 years after the worst attack behalf of the American people. ligence community. He had experience ever on American soil. Indeed, there is In conclusion, I believe the President with the CIA, with Army Intelligence. no longer a question whether we are at has chosen the right man to lead the We relied on him. I am talking about the threshold of the single most com- CIA in its very important work, and I way back 16 years ago. prehensive and critical restructuring of

VerDate Aug 04 2004 02:25 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.063 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9515 the manner in which intelligence is essential for sound analysis. There was sounded any partisan notes in the past gathered, analyzed, and disseminated a lack of analytic rigor on one of the on any issues or matters of national sein at least a generation. The questions most critical and defining issues span- curity. are: What shape will this reform take? ning more than a decade: the question I know others have raised the ques- How will the leadership of the intel- of the preponderance of weapons of tion of whether PORTER GOSS will be ligence community implement and exe- mass destruction within Iraq. The com- willing to inform administration offi- cute these changes? And how will the munity had failed to do its analysis for cials if or when public statements devi- nominee, PORTER GOSS, synthesize and more than a decade, we soon discov- ate from or distort available intel- translate his knowledge and depth of ered. ligence. In responding to this question, experience into specific, tangible Moreover, there was a lack of human I would refer directly to the House In- changes in how the intelligence com- intelligence that is so critical to as- telligence Committee’s 2003 interim as- munity performs? Because the person sessing the enemy’s capabilities and in- sessment of the pre-Iraq-war intel- who is asked to implement this type of tentions. They were forced to rely on ligence when then-Chairman GOSS stat- reform must be firm, bold, visionary, outdated, vague intelligence from less ed that if public officials cite intel- and lay the foundation for our intel- than credible sources. ligence incorrectly, the intelligence ligence community for the 21st cen- I say all of this because that is the community has a responsibility to ad- tury. reality that our next Director of Cen- dress that policymaker on any Many of us who serve on the Intel- tral Intelligence must not only con- mischaracterization of available intelligence Committee—indeed, through- front, but he also must address. It is in ligence. I expect that not only would out the Senate—have been advocating that light that our committee, during PORTER GOSS be held to that assess- for comprehensive improvements in the confirmation process, reviewed the ment as DCI but that he would hold the intelligence community structures qualifications, the credentials, and the himself to that assessment. and methods. Shortly, the Senate will qualities that PORTER GOSS possesses We must also recognize the unique have the opportunity to deliberate in order to address some of the most qualifications that PORTER GOSS brings with respect to overall and funda- systemic and profound changes this in- to the position. As I mentioned earlier, mental reform. It is absolutely the telligence community is going to face he is a product of service in the intel- type of change and reform not only since its inception in 1947. ligence community, while he also later this Senate, this Congress, and the I have come to believe that PORTER served as chairman of the House Intel- President must embrace; this perma- GOSS, in examining his record, his tes- ligence Committee. He can view the in- nent reform is essential to address the timony before the committee, his re- telligence community through the eyes grave failures in communication, co- sponses to the committee, has the ex- of a former CIA officer and intelligence ordination, and cooperation that cer- perience, the character, the credibility, officer and also as someone who has tainly the 9/11 Joint Inquiry, the Sen- the knowledge, the disposition, and the stood outside of that world looking in with his oversight of the intelligence ate Intelligence Committee, the 9/11 predilection for reform to lead this apparatus as chair of the House Intel- Commission, and others have found comprehensive overhaul and restructuring of our entire intelligence com- ligence Committee. with respect to the attacks on Sep- I know there has been some concern tember 11, 2001, as well as the pre-Iraq- munity. Let me first say that I worked with expressed that maybe PORTER GOSS war assessment of weapons of mass de- will be too wedded to the CIA or that struction that failed to reconcile with Congressman GOSS in the House of Rep- resentatives for 6 years. I have no he is too CIA-centric and, therefore, the realities in the postwar chapter. In- would not have the independent vision deed, with the new reality in which we doubt about his competence, certainly his intelligence, his character, his unnecessary to institute the required live, delaying reforming the intel- changes and the reforms that surely ligence community is no longer an op- impeachable integrity, or his bipartisanship. He was far from a polarizing are to come. I would argue that it is tion. precisely because of his past work As a member of the Senate Intel- or partisan force in the House of Rep- resentatives. Rather, what I discovered within the community that he is best ligence Committee, this last year we suited to take it into the future, all the have undertaken a major review of the in working with him in the House, he was interested in solving problems more so as his service imbues him with prewar intelligence of Iraq’s weapons of an indispensable credibility that would mass destruction, the regime’s ties to rather than creating political points or sound bites. He was interested in engender the kind of trust within a terrorism, Saddam Hussein’s human community where some continue to be- reaching a consensus on the issues. rights abuses, and his regime’s impact lieve that necessary changes have al- on regional stability. That report was a I know there had been some questions during the course of the hearing ready been made, that we should not detailed, comprehensive cataloguing identify the failures that we did in our as to whether PORTER GOSS would be not only of the facts but also a stun- comprehensive report within the intel- ning revelation of systemic, pervasive able to be sufficiently independent minded in a position where he will be ligence community in the prewar as- flaws in our intelligence community sessments as egregious or systemic or that coalesced to produce broad fail- the President’s chief adviser on intelligence issues. Certainly this was an broad or comprehensive failures. That ures in intelligence gathering and anal- is the kind of atmosphere that he will issue that was thoroughly explored in ysis. It revealed a pervasive compla- be entering as the new Director of the the confirmation hearings just con- cency as well as a lack of account- Central Intelligence Agency and trying cluded. At the opening of that hearing, ability throughout the chain of com- to bring about the kind of reform that Congressman GOSS addressed the issue mand that allowed outdated assump- is absolutely vital. tions about intelligence to be carried directly when he told the committee: His own record of reform initiatives forward for years unquestioned and . . . I understand completely the difference is also important to explore because it in obligations the position of [director of that tolerated an absence of rigorous also will belie the claim that somehow analysis and a kind of monolithic Central Intelligence agency] carries with it and that which the role of a Congressman he will not be predisposed or have a grouping. carries. These are two completely distinct predilection for the type of reform we From that report, we now know that jobs in our form of government. I understand certainly are going to be considering, even after the lack of information these distinctions and if confirmed commit hopefully next week, and enacting in sharing was found to have played a key myself to a nonpartisan approach to the job Congress, and also the reform that has role in the intelligence failures of 9/11, of [director of Central Intelligence agency]. also been brought about as a result of intelligence reporting continues to be That is important to underscore. the President’s Executive orders. highly compartmentalized, and ana- Moreover, in response to questions Still others have questioned whether lysts with a need to know are not given about some specific political state- PORTER GOSS could have done more to access to information. Essentially, the ments that PORTER GOSS had men- institute intelligence reform prior to intelligence community continues to tioned a few months ago on the floor of the attacks of 9/11. Again, I think as we operate in a ‘‘stovepiped’’ manner, pre- the House of Representatives, he ex- review the 9/11 Commission’s rec- venting critical information sharing pressed regret and apologized if he ommendations, we can see much could

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.089 S22PT1 S9516 CONGRESSIONAL RECORD — SENATE September 22, 2004 have been done in all spheres. Whether to be brought about within the overall actively in this, as well as the members it was on the part of former Presidents, intelligence community. of the committee. on the part of Congress, committees, Finally, there is further evidence of I first came to know the nominee individuals, agencies, and bureauc- the extent to which PORTER GOSS is about a decade ago. I remember one of racies, we know that the history docu- compelled to remedy our intelligence our most revered, distinguished con- mented in the 9/11 report was replete shortcomings. He has recognized—after temporary colleagues, Senator Moy- with examples of what could have been his committee’s investigation into the nihan, who sat right back there. I was and should have been done differently. failures that occurred prior to the Iraq on the floor and he stood and said it What is required now is that we look war—that the intelligence community was time to abolish the CIA. He had a at the totality of the record of the has repeatedly fallen short in the area lot of concerns about the Agency. At nominee we are considering today. In of information collection, most nota- that time, I was the vice chairman of so doing, I believe we will see an indi- bly in the area of human intelligence. the Intelligence Committee. Together, vidual who is wholly committed to pro- For those who are not convinced he with PORTER GOSS and some others, we viding the impetus and the leadership understands what is required to be put together a piece of legislation es- required to institute critical reform. done—particularly in this regard—as tablishing a commission to examine Indeed, who better than someone who PORTER GOSS himself has said, the some of the concerns of our distin- has not only been a member of the in- CIA’s human spy operation was headed guished late colleague from New York. telligence world but also one who has ‘‘over a proverbial cliff’’ and in danger PORTER GOSS and I served on that com- investigated that world to understand of becoming only a fleeting memory of mission. Les Aspin was the first chair- why change is necessary. ‘‘the nimble, flexible, core, mission-ori- man. He had an untimely early death The most glaring of problems—those ented enterprise’’ it once was. Sounds and he was followed by Harold Brown. we identified in the Senate Intelligence like a person who is convinced of the That was my initiation to work with Committee report, such as the poor need for change. this fine, able individual. state of human intelligence, oper- He has also stated that the intel- I commend the President for select- ations, intelligence collection in gen- ligence community failed to provide ing him to take on this important as- eral, analysis, and the pervasive prob- the best possible intelligence to policy- signment. I thank Representative lems with information sharing—these makers, and that the requisite, both GOSS, his wife, and family for under- have all been issues that PORTER GOSS from a collection and analytical view- taking another chapter of public life. has been committed to addressing point, was not provided. All of his credentials have been care- throughout his tenure as chairman of I believe PORTER GOSS embodies the fully reviewed. I would like to talk the House Intelligence Committee. In- credibility and credentials that will be about somewhat of a different aspect of deed, Mr. GOSS has held over 62 hear- required to lead the intelligence com- the challenges that will face PORTER ings on intelligence community reform munity agencies and the professionals GOSS. We just concluded a very exten- just this year. So I do believe that he within that community in imple- sive briefing upstairs with the Sec- shows a predisposition and indeed a menting the types of reforms from retary of Defense, Ambassador drive for reform. within—by Executive order or through Negroponte, the commander of I think we also see that commitment congressional enactment. He brings CENTCOM, the Chairman of the Joint reflected in Mr. GOSS’s contributions as unique and exceptional experience both Chiefs, and the Deputy Secretary of a member of the Aspin-Brown commis- in the field and behind the gavel. I be- State, almost three-quarters of the sion, which was formed to assess the lieve he is well prepared to see our in- Senate being present. The briefing was future direction, priorities, and struc- telligence apparatus as it undergoes about the situations primarily in the ture of the intelligence community in the major transformation necessary for Iraq and Afghanistan theater, but it the post-Cold-War world. This commis- a new era. was about terrorism on the whole. sion made a number of recommenda- I yield the floor. As part of our discussion, we talked tions including looking at how to Mr. ROBERTS. Mr. President, I ask about the ongoing work in the Con- streamline the DCI’s responsibilities unanimous consent that the distin- gress of the United States with regard and provide him with additional flexi- guished chairman of the Armed Serv- to the 9/11 report, which all of us be- bility in managing the community. ices Committee, a vital member of the lieve is a very significant contribution He provided insights and leadership Intelligence Committee, be recognized by a conscientious group of tried, test- in the ‘‘Joint Inquiry Into Intelligence for 5 minutes. Senator WARNER is a ed, and able public servants. But we Community Activities Before and After previous member of the Intelligence worked through these equations and the Terrorist Attacks of September 11, Committee, now again on the Intel- options. The Governmental Affairs 2001’’—a report that contained 19 rec- ligence Committee, and he is chairman Committee is doing the markup of ommendations, including the creation of the Armed Services Committee. He what will be the primary vehicle. Sen- of a director of national intelligence has a unique perspective to offer my ator ROBERTS contributed his views on among the many changes that we have colleagues. Is 5 minutes appropriate? it. now been debating in Congress. Mr. WARNER. Yes, thank you. The Senate Armed Services Com- So all of this undoubtedly served as a The PRESIDING OFFICER. The Sen- mittee had a hearing with the Sec- catalyst for Congressman GOSS author- ator from Virginia is recognized. retary of Defense, as well as the Acting ing his own reform legislation, which Mr. WARNER. Mr. President, I thank Director of the CIA. So the Senate has he introduced this past June, that calls my good friend and colleague, the done a lot of work in preparation. for significant reform of the intel- chairman of the Intelligence Com- How does that relate to PORTER ligence community’s structure, as well mittee. I hope the Senate appreciates GOSS? I cannot predict, and I don’t as enhanced DCI, with critically needed the thoroughness with which Chairman think anyone can, at this time what personnel and budgetary authority— ROBERTS has gone into this nomina- will eventually evolve with regard to going beyond even what the President tion. He has provided the members of the legislative achievements of this issued in his own Executive orders. the committee and many others with body and the House in a conference. But I think PORTER GOSS also under- an opportunity to express their views Perhaps a lot of people have high ex- stands, in response to many of the with regard to the nomination. An expectations that a bill will be before our questions that were raised during the tensive series of hearings have been President shortly. course of the confirmation hearing, held—more than have been held on a I intend to work conscientiously, as I that a director of national intelligence nominee in a long time. Maybe only have, and will continue to work, for- will need to possess both the budgetary Supreme Court Justices occasionally getting any question of turf, to try to and personnel authorities that will be see the volume and thoroughness with achieve a strong bill that clearly im- vital to a newly created director of na- which this nomination has been care- proves and strengthens our intelligence tional intelligence in order for that in- fully viewed by the Senate. I com- system. dividual to be effective in imple- pliment the chairman, and indeed the I brought in a reference to the brief- menting the kinds of changes that need ranking member who participated very ing today because in some discussion

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.092 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9517 with our colleagues—and it was a clas- Mr. President, again I thank the dis- The third had to do with partisanship. sified briefing, but I can share this— tinguished chairman and the distin- It was interesting to me that a number General Abizaid said he is acting on in- guished vice chairman of the com- of people said everybody around here is telligence daily to conduct his mission. mittee for their work in making it pos- partisan. Of course, that is true. But Lives are at risk, and he clearly, draw- sible for this nomination to have been this has to do with a nomination for ing on his extensive experience in the carefully reviewed by the Senate in the Central Intelligence Agency. That Army said: Today the intelligence col- terms of a series of hearings and a very is a position where the national secu- lection that my soldiers, sailors, air- active and thorough debate on the Sen- rity law forbades a nominee from being men, and marines need and have and ate floor. political in any way, shape, or form. use is vastly improved over what we I yield the floor. I think the question really is with had in gulf war 1 in 1991. The PRESIDING OFFICER. The Sen- him. I want to believe it is true, but The PRESIDING OFFICER. The Sen- ator from Kansas. based upon the record, I cannot accept ator’s 5 minutes have expired. Mr. ROBERTS. Mr. President, with it as true to this point, and I have to Mr. WARNER. Mr. President, I ask this debate and the vote certain at 5 look at what has happened as opposed unanimous consent that I may speak o’clock, I think there has been an ex- to what he says will happen; that he for another 4 minutes. traordinary level of examination of has been very partisan and very par- The PRESIDING OFFICER. Without this nomination. Two days of open tisan within the field of intelligence objection, it is so ordered. hearings were held. By way of compari- and very partisan within the field of in- Mr. WARNER. Mr. President, there son, that is one day more than Sec- telligence very recently at a time, ob- has been steady progress in the im- retary of State Powell had during his viously, when we are engaged in a provements in our intelligence system. confirmation in early 2001. broad election. The Department of Defense is the larg- It is certainly understandable that I think it is probable that he will be est user, and these senior people in the an official of the DCI stature would be confirmed, but that does not take away Department of Defense—civilian and the subject of close Senate scrutiny. I from my responsibility to point out military alike—have not tried to tell think we have achieved that level of what I think is critical: That now, the Congress what to do but respect- scrutiny, and members of the Intel- more than ever, it is important for a fully told us what not to do: Don’t do ligence Committee on both sides have CIA Director or for anybody in intel- anything to weaken the improvements expressed satisfaction with the way ligence to tell the truth, to make sure that we have achieved—I say we, work- this process has unfolded. It was not by that if there was a reference in a Cin- ing with the Congress and the Presi- accident. It was in close conference and cinnati October 2 speech about Niger dent—we have achieved to date since cooperation with the distinguished vice and uranium enrichment and the pos- 1991 in the first gulf war and, indeed, chairman of the Intelligence Com- sible seeking of it by Iraq, and then since 9/11 with President Bush and Ex- mittee, the Senator from West Vir- when it comes to the State of the ecutive orders, a wide range of imple- Union that somehow that the CIA Di- mentation of important things that ginia. I think Mr. GOSS has been forth- rector disappeared and never said, Oh, have been done to improve our intel- coming. I think he has been candid no, that shouldn’t be in the State of ligence system, particularly from the the Union because it was never true—I standpoint of the tactical use by the with the committee. He provided literally dozens of written answers to don’t want to get into that now. The U.S. military. point is we need somebody who is inde- If confirmed and if we pass a new law questions sent to him by the committee, both before and after his con- pendent and takes pride, who describes signed by the President, PORTER GOSS himself, defines himself as being inde- will be the man entrusted to imple- firmation hearings. He also provided complete and exhaustive details about pendent and standing up for the intel- ment that law. And I say to my col- ligence business and, therefore, is leagues with the deepest respect, that his background and his professional life in connection with his nomination. speaking the truth. I hope that person is a daunting task—to do it in a way will be PORTER GOSS. That is not yet not to shake the confidence of the tens In short, I believe the examination of this nomination has been thorough and proven, and based upon the record it is upon thousands of conscientious em- not possible for me to vote anything ployees in the various departments and informative. The nominee and Mem- bers on both sides should be com- but no at this time. agencies, the CIA, the Department of It being very close to 5, I ask for the Defense who are concerned about their plimented for the way it has unfolded. Expressions of support for his nomi- yeas and nays. jobs, concerned about their futures. We The PRESIDING OFFICER. Is there a nation have come from both sides of need to hold the team in place. We need sufficient second? to keep what is working now going as the aisle and both sides of Capitol Hill. There appears to be a sufficient sec- we phase in such new laws and provi- This nominee is ready to go to work, ond. sions as this body, working with the and he is needed. The question is, Will the Senate ad- House and signed by the President, I urge the Senate to vote for his con- vise and consent to the nomination of may enact. firmation, and I look forward to work- PORTER J. GOSS, of Florida, to be Di- I do not know of another individual ing with PORTER GOSS as the next and, rector of Central Intelligence? On this who has the experience of PORTER GOSS by the way, possibly last DCI. question, the yeas and nays have been or is better qualified to take on the The PRESIDING OFFICER. The Sen- ordered. task of implementing such new laws as ator from West Virginia. The clerk will call the roll. the Congress and the President may Mr. ROCKEFELLER. Mr. President, The legislative clerk called the roll. enact. at the proper time, which I believe will Mr. MCCONNELL. I announce that I urge my colleagues to give this very be at 5 o’clock, I will call for the yeas the Senator from Pennsylvania (Mr. fine, outstanding American who, once and nays, or can I do that now before I SANTORUM) and the Senator from Penn- again, was thinking about a quieter make a statement? sylvania (Mr. SPECTER) are necessarily form of life the opportunity to move The PRESIDING OFFICER. The Sen- absent. into this job. ator can do it any time he chooses. Mr. REID. I announce that the Sen- There was printed in the RECORD a Mr. ROCKEFELLER. I wish to make ator from Hawaii (Mr. AKAKA), the Sen- report that was issued by the CSIS, a short statement, and then I will call ator from North Carolina (Mr. ED- prepared by a number of former col- for the yeas and nays. WARDS), the Senator from Vermont leagues and others in the intelligence PORTER GOSS has been very well vet- (Mr. JEFFORDS), and the Senator from community trying to say to the Con- ted. What has come from this discus- Massachusetts (Mr. KERRY) are nec- gress we best move with considerable sion back and forth are several things. essarily absent. caution as we enact this new legisla- One, he is a very good man. Second, The PRESIDING OFFICER (Ms. MUR- tion. I found this very helpful in my he knows the intelligence business. KOWSKI). Are there any other Senators work participating in drawing up this Third, I think there is still a question in the Chamber desiring to vote? bill, and I commend it to my col- of whether he has run any larger orga- The result was announced—yeas 77, leagues. nizations, and that becomes a factor. nays 17, as follows:

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.095 S22PT1 S9518 CONGRESSIONAL RECORD — SENATE September 22, 2004 [Rollcall Vote No. 187 Ex.] them against the harms that come out when important decisions are made re- YEAS—77 of hate. The Local Law Enforcement garding organization, scope, and future Alexander DeWine Lott Enhancement Act is a symbol that can direction. Earlier this week, for exam- Allard Dole Lugar become substance. I believe that by ple, the parties agreed to add fourteen Allen Domenici McCain passing this legislation and changing new chemicals to the convention’s list Baucus Dorgan McConnell of substances requiring informed con- Bayh Ensign Mikulski current law, we can change hearts and Bennett Enzi Miller minds as well. sent. Because we are not a party, the Biden Feingold Murkowski f United States did not participate in Bond Feinstein Murray that decision. Boxer Fitzgerald Nelson (FL) SECURITY FOR SUPREME COURT Lest one think this is an exceptional Breaux Frist Nelson (NE) Brownback Graham (FL) JUSTICES case, the Rotterdam Convention is one Nickles Bunning Graham (SC) Pryor Mr. LEAHY. Mr. President, I am of three important international agree- Burns Grassley Reid ments on chemicals that the United Campbell Gregg pleased to be an original cosponsor of Roberts Cantwell Hagel S. 2742, which is a short but important States has signed, but so far failed to Schumer Carper Hatch piece of legislation that Senator HATCH ratify. The two other agreements—the Chafee Hollings Sessions Stockholm Convention on Persistent Shelby and I have cosponsored at the request Chambliss Hutchison Organic Pollutants (POPs) and the Cochran Inhofe Smith of the Supreme Court. This legislation Coleman Inouye Snowe would renew authority to provide secu- POPs Protocol to the Convention on Collins Johnson Stevens rity for the Justices when they leave Long Range Transboundary Air Pollu- Sununu Cornyn Kohl the Supreme Court. Recent reports of tion—ban or severely restrict the pro- Craig Kyl Talent duction and use of some of the most Crapo Landrieu Thomas the assault of Justice Souter when he Daschle Lieberman Voinovich was outside of the Supreme Court high- hazardous chemicals in existence. Both Dayton Lincoln Warner light the importance of security for agreements have entered into force, NAYS—17 Justices. If no congressional action is and preparations are being made for Bingaman Durbin Reed taken, the authority of Supreme Court the first meetings of the parties. Yet, Byrd Harkin Rockefeller police to protect Justices off court the United States is not on board. Clinton Kennedy Sarbanes grounds will expire at the end of this Although our Government played a Conrad Lautenberg Stabenow year. leading role in negotiating all of these Corzine Leahy Wyden agreements and despite the fact that Dodd Levin Another provision in this legislation the United States is a signatory to NOT VOTING—6 allows the Supreme Court to accept gifts ‘‘pertaining to the history of the each, the current administration along Akaka Jeffords Santorum with the leadership in Congress has so Edwards Kerry Specter Supreme Court of the United States or its justices.’’ The administrative office far failed to move the necessary imple- The nomination was confirmed. menting legislation that would allow The PRESIDING OFFICER. Under of the Courts currently has statutory authority to accept gifts on behalf of the United States to become a party. the previous order, the President will Such legislation involves the work of the judiciary. This provision would be immediately notified of the Senate’s four different committees in the Con- grant the Supreme Court authority to action. gress. To date, however, only the Sen- accept gifts but it would narrow the ate Environment and Public Works f types of gifts that can be received to Committee has reported a bill, which I LEGISLATIVE SESSION historical items. I think this provision co-sponsored with Senator CHAFEE. strikes the proper balance. The PRESIDING OFFICER. Under This bill provides a reasonable and ef- Finally, this legislation also would the previous order, the Senate will now fective approach to meeting our cur- provide an additional venue for the return to legislative session. rent obligations under all three of prosecution of offenses that occur on The Senator from Kansas. these agreements, while also providing the Supreme Court grounds. Currently, f a robust mechanism for accommo- the DC Superior Court is the only place dating future decisions of the parties. I MORNING BUSINESS of proper venue despite the uniquely would urge my colleagues to follow our Mr. ROBERTS. Madam President, I Federal interest at stake. This legisla- lead and swiftly enact sensible imple- ask unanimous consent that there now tion would allow suit to be brought in menting legislation. The United States be a period of morning business, in the United States District Court in the cannot afford to sit on the sidelines evening, with Senators speaking for up District of Columbia. any longer. to 10 minutes each. f The PRESIDING OFFICER. Without f ROTTERDAM CONVENTION ON objection, it is so ordered. LANHAM ACT CLARIFICATION PRIOR INFORMED CONSENT f Mr. CRAIG. Mr. President, I ask Mr. JEFFORDS. Mr. President, this unanimous consent to have printed in LOCAL LAW ENFORCEMENT ACT week, seventy-four nations are meeting OF 2003 the RECORD some additional informa- in Geneva at the first Conference of the tion about the genesis and intent of a Mr. SMITH. Mr. President, I rise Parties to the Rotterdam Convention bill introduced last week, strength- today to speak about the need for hate on Prior Informed Consent (PIC) for ening and clarifying a provision of the crimes legislation. On May 1, 2003, Sen- Certain Hazardous Chemicals and Pes- Lanham Act. Specifically, S. 2796 was ator KENNEDY and I introduced the ticides. This important international introduced to clarify that service Local Law Enforcement Enhancement agreement establishes a legally binding marks, collective marks, and certifi- Act, a bill that would add new cat- framework that requires exporters of cation marks are entitled to the same egories to current hate crimes law, listed substances to secure informed protections, rights, privileges of trade- sending a signal that violence of any consent from governments of import- marks. kind is unacceptable in our society. ing countries prior to any shipment of It is my hope that the Congress will On November 20, 2000, in Savannah, such chemicals. Simply put, the con- act on this measure in short order, and GA, the body of Billy Jean Levette, a vention recognizes and incorporates I offer this information to assist my transgender individual, was found in a the basic principle of right-to-know colleagues in evaluating the bill. secluded area. His body was face up with respect to trade in hazardous There being no objection, the mate- with a wound to the back of the head, chemicals. As such, it marks yet an- rial was ordered to be printed in the his pants pulled halfway down and his other positive step in the direction of a RECORD, as follows: shirt pulled up. Levette was the second comprehensive international approach AMENDMENTS TO LANHAM ACT transgender individual killed in the Sa- to chemicals management. [Indicated by Brackets] vannah area in a year. Unfortunately, the United States is Sec. 3 [15 U.S.C. 1053]. Service marks registrable I believe that the Government’s first not yet a party to the convention, and Subject to the provisions relating to the duty is to defend its citizens, to defend thus will not be at the table this week registration of trademarks, so far as they are

VerDate Aug 04 2004 02:25 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.020 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9519 applicable, service marks shall be reg- It is important to remove any perceived MISSOURI RIVER DROUGHT istrable, in the same manner and with the distinction between certification marks and CONSERVATION PLAN same effect as are trademarks, and when reg- collective marks as compared to trademarks, istered they shall be entitled to the except as expressly provided otherwise by Mr. JOHNSON. Mr. President, last protection[s, rights and privileges] provided statute. Therefore, this bill clarifies Con- Tuesday, September 14, the Senate Ap- in this chapter in the case of trademarks. gress, original intentions regarding the propriations Committee reported out Applications and procedure under this sec- treatment of certification marks and collec- the Fiscal Year 2005 Interior Appro- tion shall conform as nearly as practicable tive marks through this amendment to Sec- priations bill on a unanimous and bi- to those prescribed for the registration of tion 4 of the Act. Licenses governing certifi- trademarks. partisan vote. The bill funds several of cation marks, and the provisions contained the Federal agencies that are respon- Sec. 4 [15 U.S.C. 1054]. Collective marks and cer- in such licenses, should be treated no less fa- tification marks registrable vorably than licenses for trademarks and sible for managing millions of acres of Subject to the provisions relating to the other marks. ‘‘No challenge’’ provisions, and land in South Dakota, including the registration of trademarks, so far as they are other non-quality related provisions in cer- U.S. Forest Service, the Fish and Wild- applicable, collective and certification tification mark licenses or agreements are life Service, and the National Park marks, including indications of regional ori- to be accorded the same respect and treat- Service. Included in that bill was a pro- gin, shall be registrable under this chapter, ment, and are to be the subject to the same vision directing the Corps of Engineers in the same manner and with the same effect principles of equity, as like provisions in to immediately implement the drought as are trademarks, by persons, and nations. trademark licenses and agreements. While conservation measures outlined in the States, municipalities, and the like, exer- nothing in this revision to the Lanham Act cising legitimate control over the use of the should be read as impairing a court’s ability 2004 Missouri River Master Water Con- marks sought to be registered, even though to apply existing principles of equity, where trol Manual. This is an important pro- not possessing an industrial or commercial their application is appropriate, such licens- vision that will better balance the establishment, and when registered they ing provisions are essential to preserving the competing uses of Missouri River water shall be entitled to the protection[s, rights public benefits of such marks without in- and, more importantly, bring a sense of and privileges] provided in this chapter in creasing the litigation and other trans- equity and fair play to a process long- the case of trademarks, except in the case of actional costs for certification mark owners. slanted toward a single group of navi- certification marks when used so as to rep- Similarly, certification and collective mark gation interests. resent falsely that the owner or a user there- owners have the same remedies for infringe- of makes or sells the goods or performs the ment of their marks that are available to Perhaps no Federal agency has a services on or in connection with which such trademark owners. more direct impact on South Dakotans mark is used. Applications and procedure Section 3 of the Lanham Act, 15 U.S.C. than the U.S. Army Corps of Engineers. under this section shall conform as nearly as § 1053, is amended in the same manner as Sec- The Corps of Engineers has a tough job practicable to those prescribed for the reg- tion 4 to maintain the parallel language of in South Dakota, balancing a host of istration of trademarks. the two sections and to evidence congres- competing and, it appears from time to BACKGROUND AND JUSTIFICATION sional intent that all four marks protected time, mutually exclusive interests. Section 4 of the Lanham Act, 15 U.S.C. by the Lanham Act are to be accorded the However, on the key issue of managing § 1054, states that certification marks and same rights and protections except as spe- collective marks ‘‘shall be entitled to the cifically provided by statute. the Missouri, the Corps has consistently come up short as a steward of protection provided’’ to trademarks. This f section expresses the congressional intention America’s longest river. With a current that all certification marks and collective HONORING WORLD WAR II water storage rate of 35.9 million acre- marks be treated with equivalent rights and VETERANS feet, the main-stem Missouri River res- protections to trademarks, except where Mr. BAYH. Mr. President, through- ervoirs are at the lowest level in his- Congress, by statute, has expressly provided tory. The provision included in the In- otherwise. out my service to the State of Indiana, It is common in trademark, service mark, I have been honored to represent thou- terior Appropriations bill faces up to collective mark and certification mark li- sands of Hoosier veterans who have this reality by taking a strong step to- censes to include provisions under which li- fought bravely for our country. It is ward conserving our water resources. censees acknowledge the validity of an agree with great honor that I recognize the Unfortunately, yesterday, in an un- not to challenge the marks. These ‘‘no chal- sacrifices of these three courageous precedented maneuver to strike out lenge’’ provisions play an important role in men, Private First Class Leo Wilson and cancel the express will of the Ap- protecting the marks, reducing mark own- propriations Committee, a provision ers’ litigation costs, and providing assur- Landess, Private First Class Robert ances to licensees that the marks they are Eugene Osborn, and Private First Class was inserted in the fiscal year 2005 Vet- investing in will have continued validity. John Lee Reynolds, who were called to erans, Housing and Urban Develop- After applying principles of equity, many service in World War II to safeguard ment, and Independent Agencies Ap- courts have upheld such ‘‘no challenge’’ pro- American freedom. These valiant propriations bill that cancels out the visions in trademark licenses and dismissed young men defended our Nation and drought conservation plan. The pro- validity challenges. ponents of this new provision had al- Recently, the Second Circuit Court of Ap- our liberty in the face of evil, before peals in the case of Idaho Potato Commission they had a chance to receive a high ready been rebuffed last week when at- v. M & M Produce Farm and Sales, 335 F.3d 130 school diploma. It was more than 60 tempting to change the original sec- (2d Cir. 2003), interpreted the Lanham Act as years ago that these three men left tion. Surely we can find some common requiring that certification marks be treated Governor I.P. Gray High School and ground for the upstream states strug- differently from trademarks with respect to were inducted into the Army. I applaud gling with the lack of water flow. I ex- ‘‘no challenge’’ provisions. The court rea- the Jay County High School Corpora- pect an uphill battle, but I will do ev- soned that the public policy underlying cer- tion for honoring these three World erything I can to fight for the needs of tification marks was more analogous to the upstream states. public policy underlying patents. As a result, War II veterans, on June 12, 2004. the court ruled that licensee certification Their effort and unwavering commit- f mark no challenge provisions are governed ment along with 120,000 other Hoosier by the Supreme Court’s decision in Lear, Inc World War II veterans, played a vital JUMPSTART OUR BUSINESS v. Adkins, 395 U.S. 653 (1969). The Second Cir- role in the long and difficult process of STRENGTH ACT cuit’s decision appears to have gone beyond helping others enjoy freedom and de- Mr. SMITH. Mr. President. I rise to congressional intent relating to certification marks. Certification marks have none of the mocracy. By the end of the war, almost speak about an important piece of leg- preclusive effects of patents. Rather, the 13,000 Hoosier soldiers lost their lives. I islation that is pending before Con- competitive effects of certification marks am reminded by a quote by Douglas gress. The Jumpstart Our Business are the same as trademarks. Certification MacArthur, ‘‘The soldier, above all Strength, JOBS, Act, also known as marks guard the public from deception and other people, prays for peace, for he FSC/ETI. This bill was passed by both protect mark owners’ and their licensees’ in- must suffer and bear the deepest the House and the Senate earlier this vestments. Like trademarks, certification wounds and scars of war.’’ I would like year and now awaits the appointment marks provide information vital to consumers’ purchasing decisions. Certification to express my deep appreciation for of conferees by the House of Represent- marks help consumers identify goods and their dedicated service and the many atives. As a Senate conferee, I am services that have the quality and safety fea- sacrifices they made on behalf of our hopeful that we can move quickly to- tures they want. Nation. ward a conference with the House and

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.022 S22PT1 S9520 CONGRESSIONAL RECORD — SENATE September 22, 2004 complete action on FSC before the I look forward to working with my Awards, a league MVP Award, and 108th Congress adjourns. Senate and House colleagues towards leading the Pittsburgh Pirates to This bill has aptly been named the enactment of the FSC/ETI tax legisla- World Series victories in 1960 and 1971. JOBS Act because of the direct impact tion and to ensure that these critical Clemente was also a devoted father. it will have on businesses and employ- maritime provisions are included in With his wife Vera Cristina, he raised ment in the United States. I believe the final version of the bill. three sons: Roberto Jr., Luis Roberto, this bill can strengthen the U.S. ship- f and Roberto Enrique. Proud of his her- ping industry. Over the past year I itage Roberto insisted that Vera give have worked closely with my col- ROBERTO CLEMENTE DAY birth to all three sons in Puerto Rico. leagues, Senators TRENT LOTT, JOHN Mr. SANTORUM. Mr. President, I will always remember feeling deep- BREAUX and others, to provide critical today I rise to speak about a topic that ly saddened upon hearing the news, on tax reform for the U.S. maritime indus- holds a special place in my life and the December 31, 1972, that Clemente had try. I intend to work in conference to communities of Pennsylvania—base- died in a tragic plane crash off the provide necessary relief to the mari- ball. Like our Nation’s democracy, coast of Puerto Rico. The plane was time industry in Oregon and elsewhere baseball is a part of our country’s col- taking medical, food, and clothing sup- throughout our country. lective definition of community, his- plies to earthquake stricken Nica- It is clear to me that the ability of tory, and heroism. ragua. Clemente will always be remem- the American shipowner to operate The Pittsburgh Pirates and Philadel- bered as one of the greatest humani- ships on a comparable economic basis phia Phillies are recognized by fans for tarians of all time. as foreign competitors is vital to the their hometown affiliation but more Aside from playing baseball myself competitiveness of the U.S.-flag indus- for their heroes. In Pennsylvania, we over the years, the culture of identi- try. Yet United States shipping compa- have plenty of players to boast about, fying with star baseball players and my nies are subject to significantly higher but one in particular comes to mind, hometown team is an inextricable part taxes than their foreign-based competi- Roberto Clemente. Clemente is Pitts- of my boyhood. As a young boy playing tion, particularly those that operate burgh’s most reversed hero. He was the and watching baseball, I learned the foreign vessels under what are com- first Latin-American to be inducted value of hard work, the importance of monly known as ‘‘flag-of-convenience’’ into the Hall of Fame and the first teamwork, how to deal with success countries. Thus, American shipowners player for whom the Hall’s required 5- and failure, how to concentrate and are increasingly unable to compete year waiting period was waived. In stay focused on a goal, and how to look with their foreign-flag counterparts in honor of the humanitarian work in beyond personal achievement to some- the foreign trade of the United States. which he was so involved, the Roberto thing bigger than oneself. Roberto Recently, many of the industrialized Clemente Foundation now serves Pitts- Clemente embodied all of these virtues. trading partners of the U.S., including burgh’s inner-city through programs to As our Nation recognizes Hispanic the United Kingdom, Norway and Ger- instill responsible community behavior Heritage Month during the month of many, have developed tonnage-based September, this is an ideal time to in disadvantaged youth, and to provide corporation tax regimes, known as honor this exceptional person and per- them with organized recreation. ‘‘tonnage tax’’ regimes, to enable their sonal hero and his legacy that lives on Clemente’s example is an amazing il- fleets to compete fairly on the inter- through the recipients of the Roberto lustration of how powerful professional national stage. In a similar manner, Clemente Award. sports heroes can be as role models. our proposed tonnage tax provisions f would authorize an alternative U.S. tax Roberto Clemente Day was estab- regime based upon the tonnage of a lished in 2002 to increase awareness of IN MEMORIAM TO STATE SENATOR taxpayer’s U.S.-flag fleet. That alter- the Roberto Clemente Award and the HENRY J. MELLO native regime would create a positive amount of time and effort its recipi- Mrs. BOXER. Mr. President, I take economic environment for U.S.-flag ents dedicate towards community and this opportunity to honor the memory international shipping operations in charitable endeavors. Since 1971, Major of one of California’s dedicated public line with that of other major U.S. trad- League Baseball has annually pre- servants, California State Senator ing partners. sented an award that recognizes a play- Henry Mello. Senator Mello passed This legislative provision is urgently er who best exemplifies the game of away on September 4, 2004. He was 80 needed to preserve U.S.-flag shipping baseball through sportsmanship, com- years old. and related employment opportunities munity involvement, and positive con- Senator Mello was first elected to the for U.S. merchant mariners. At this tributions to his team. The award was Santa Cruz County Board of Super- time, there are only 89 U.S.-flag vessels named in honor of Clemente in 1973. visors in 1966, where he served for 8 engaged in the foreign trade that are The national recipient of the 2004 Ro- years. In 1976, he was elected to the operated by U.S. companies to which berto Clemente Award will be an- California State Assembly. After serv- the tonnage tax regime would apply. nounced during the 2004 World Series. ing for two terms in the assembly, Sen- Implementation of the tonnage tax re- This year, September 22 has been des- ator Mello was elected to the Cali- gime is required now to prevent further ignated as 2004 Roberto Clemente Day. fornia State Senate, where he spent the reductions in an already decimated PNC Park in Pittsburgh will be majority of his career in public service. U.S.-flag commercial fleet and depleted among the many ballparks around the During his tenure as a member of the U.S. mariner pool. country that will hold a ceremony California State Legislature, Senator It is also important to the U.S. mari- commemorating Roberto Clemente Mello carried a record number of bills time industry that we enact an addi- Day. As residents of Pittsburgh cross and resolutions—727—of which 456 were tional reform measure to defer U.S. tax the Roberto Clemente Bridge, which signed into law. Because of his success- on the foreign shipping income of a spans the Allegheny River, may they ful leadership skills and his ability to controlled foreign corporation, CFC— remember the example that Roberto work across partisan lines, Senator but only if that CFC is affiliated with Clemente set for us all. Mello served as the State Senate’s ma- a U.S. company that maintains a quali- Roberto Clemente Walker was born jority whip from 1981 to 1992, and as the fied fleet of at least two U.S.-flag com- in Barrio San Anton in Carolina, Puer- majority leader from 1992 to 1996. mercial vessels. Generally, the U.S. to Rico, August 18, 1934. Roberto al- Whether he was championing chil- does not tax foreign-source income ways excelled at track and field; how- drens’ rights or seniors’ rights, envi- earned by a CFC until that income is ever, his real love was baseball. ronmental issues or public education, repatriated as a dividend to the U.S. Clemente joined the Pittsburgh Pi- residents of the central coast knew shareholders of the CFC. However, a rates in 1955, where he played his entire they had an advocate in Senator Mello. CFC’s foreign shipping income is taxed 18-year Major League Baseball career Among his many accomplishments in to its U.S. shareholders in the year from 1955 to 1972. Clemente is consid- the State legislature, Senator Mello earned without regard to whether it is ered one of the finest outfielders to advocated for the establishment of the then, or ever, distributed to those ever play professional baseball, amass- Monterey Bay National Marine Sanc- shareholders. ing over 3,000 hits, 12 Golden Glove tuary; the creation of the California

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.108 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9521 Senior Legislature, and the conversion eran, he was pleased that he lived to Britain. He also helped to complete a of Fort Ord Army Base into California watch on television the dedication of partnership between the United States State University Monterey Bay. A par- the memorial on the Mall here in and China that provided for post-World ticular highlight in his career, Senator Washington honoring those who served War II resumption of direct air service Mello cosponsored the Mello-Roos Act, in that great conflict. between the two countries. which established tax-exempt bonds He served in Europe as a pilot in the Donald Comlish was born in Strat- and special districts for school con- U.S. Army Air Corps. After the war, he ford, CT and enlisted in the Navy after struction and other public improve- remained in the Reserves and retired as high school. He attended the Navy ments. a Lieutenant Colonel in the U.S. Air School of Music in Washington and Senator Mello was proud of his Force. played with the Navy Band. He grad- Portugese heritage, and regularly trav- Donald Dockery was a special friend. uated from St. Bonaventure University eled to Washington, DC to advocate for He and his family were our closest in 1961, and received a law degree from increased foreign aid to Portugal. The neighbors when I was growing up in the Catholic University in 1965. He began King of Portugal knighted Senator Byram community, 7 miles south of his career as a law clerk for the firm of Mello for his efforts. In his spare time, Jackson, MS. His wife, Stella, and Spencer & Whalen and the Civil Aero- Senator Mello was also an avid deep- their children, Donna, Kay, and Billy nautics Board, and then began working sea fisherman and jazz pianist. In 2002, were also very close friends of mine, for the ATA. Donald was a well-re- Senator Mello played with the Jimmy and my family. spected and accomplished attorney who Dorsey Orchestra at the performing Donald’s death was like having a was admitted and qualified as an attor- arts center in Watsonville that is death in our own family. He and Stella ney and counselor to the Supreme named after him—the Henry J. Mello watched after me as I grew up in the Court. After leaving the ATA in the Center for the Performing Arts. neighborhood. Donald was the personi- mid-1990s, he remained a consultant to Senator Mello was a deeply loved fication of a good citizen, the kind who the airline industry until his retire- member of both the California State enriches our country with a strong ment in 1999. legislature and the central coast com- spirit of community. Shortly before he retired, he decided munity, and a strong, tenacious man He was active in the boosters club at to once again pursue his love of music who championed the causes of those he our school, helping children who need- and began playing saxophone and clari- represented. He will be missed by all ed money for lunch room tickets or a net for the Montgomery Village Com- who knew him. We take comfort in band uniform. He was a very successful munity Band and the Virginia Grand knowing that future generations will businessman. He owned a store and was Military Band. He was also a member benefit from his spirit, his vision, and in the pulp wood and cattle business. of the International Aviation Club. his leadership. He also got into the bottled water busi- Mr. Comlish’s survivors include his f ness; and, with his father-in-law and wife of 42 years, Carol Comlish; 6 chil- his son, he developed their company dren: Jeannie, Michael, Gregory, Mat- ADDITIONAL STATEMENTS into a very impressive enterprise. thew, Paul, and Chrissy; and 1 grand- When my father’s health began de- son. His efforts improved the lives of clining several years ago, Donald would HONORING THE ACCOMPLISH- every American who travels, and he visit him every day. Their friendship MENTS OF DISHA PANCHOLI certainly left the world better than he was steadfast and enduring for over 50 found it.∑ ∑ Mr. BUNNING. Mr. President, I wish years. f to pay tribute to and congratulate It is impossible to measure the influ- Disha Pancholi of Louisville, KY, on ence another person can have on one’s MESSAGE FROM THE HOUSE being awarded a Boren Undergraduate life, but I am sure Donald Dockery At 2:18 p.m., a message from the Scholarship from the David L. Boren helped shape my views of the role a House of Representatives, delivered by National Security Education Program, good citizen should play in his commu- Mr. Hays, one of its reading clerks, an- NSEP. nity and the importance of being a nounced that the House agrees to the Ms. Pancholi was one of 181 appli- loyal and caring friend. amendment of the Senate to the bill cants nationwide to receive one of My family and I will miss him very (H.R. 1658) to amend the Railroad these scholarships. NSEP administered much.∑ Right-of-Way Conveyance Validation within the National Defense University f Act to validate additional conveyances in the Department of Defense. It funds of certain lands in the State of Cali- TRIBUTE TO DONALD COMLISH outstanding U.S. students to study fornia that form part of the right-of- critical languages and world regions in ∑ Mr. TALENT. Mr. President, I rise way granted by the United States to exchange for a commitment to seek today to mourn the passing of Donald facilitate the construction of the trans- employment with the Federal Govern- Comlish, who was the vice president for continental railway, and for other pur- ment in the arena of national security. international affairs of the Air Trans- poses. Ms. Pancholi has been studying Ara- port Association. Through his years of The message also announced that the bic and will spend her fall term in service, Mr. Comlish helped provide House has passed the following bill and Egypt. She attends the University of great service to our airline industry as joint resolution, without amendment: Louisville and is majoring in biology well as the traveling public, and he will S. 1301. An act to amend title 18, United and political science. be truly missed. States Code, to prohibit video voyeurism in The citizens of Jefferson County Mr. Comlish worked for the ATA for the special maritime and territorial jurisdic- should be proud to have a women such 22 years as the chief representative of tion of the United States, and for other pur- as Disha Pancholi in their community. the airline industry in the negotiation poses. Her example of dedication and hard of the international agreements be- S.J. Res. 41. Joint resolution commemo- tween the United States and foreign rating the opening of the National Museum work should be an inspiration to the of the American Indian. entire Commonwealth. She has my countries that provide the legal and most sincere admiration for this work operational basis for international air- The message further announced that and I look forward to her continued line flights. the House has passed the following service to the United States.∑ He participated in the negotiation of bills in which it requests the concurrence of the Senate: f aviation agreements with France, Ger- many, Japan, Thailand and many other H.R. 2663. An act to authorize the Sec- REMEMBERING DONALD M. countries during his career, helping to retary of the Interior to study the suit- DOCKERY III literally open up the world to Amer- ability and feasibility of designating Castle ∑ Nugent Farms located on St. Croix, Virgin Mr. COCHRAN. Mr. President, my ican travelers. Mr. Comlish helped to Islands, as a unit of the National Park Sys- dear friend, and neighbor for many negotiate the 1977 Bermuda II agree- tem, and for other purposes. years, Donald M. Dockery III, died on ment, which eased restrictions on air H.R. 2966. An act to preserve the use and September 7. As a World War II vet- travel between the United States and access of pack and saddle stock animals on

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.109 S22PT1 S9522 CONGRESSIONAL RECORD — SENATE September 22, 2004 public lands, including wilderness areas, na- Bureau of Reclamation and in coordination EC–9361. A communication from the Chief, tional monuments, and other specifically with other Federal, State, and local govern- Regulations and Administrative Law, Coast designated areas, administered by the Na- ment agencies, to participate in the funding Guard, transmitting, pursuant to law, the re- tional Park Service, the Bureau of Land and implementation of a balanced, long-term port of a rule entitled ‘‘Safety Zone (includ- Management, the United States Fish and groundwater remediation program in Cali- ing 2 regulations): CGD001–04–099, CGD01–04– Wildlife Service, or the Forest Service where fornia, and for other purposes; to the Com- 111’’ (RIN1625–AA00) received on September there is a historical tradition of such use, mittee on Energy and Natural Resources. 21, 2004; to the Committee on Commerce, and for other purposes. f Science, and Transportation. H.R. 3257. An act to authorize the Sec- EC–9362. A communication from the Chief, retary of the Interior to conduct a study to MEASURES PLACED ON THE Regulations and Administrative Law, Coast determine the suitability and feasibility of CALENDAR Guard, transmitting, pursuant to law, the re- establishing the Western Reserve Heritage port of a rule entitled ‘‘Special Local Regu- Area. The following bill was read the sec- lations (including 3 regulations): CGD07–04– H.R. 3334. An act to authorize the Sec- ond time, and placed on the calendar: 103, CGD05–04–143, CGD05–04–157’’ (RIN1625– retary of the Interior to participate in the S. 2823. A bill to provide for the adjustment AA08) received on September 21, 2004; to the design and construction of the Riverside-Co- of status of certain foreign agricultural Committee on Commerce, Science, and rona Feeder in cooperation with the Western workers, to amend the Immigration and Na- Transportation. Municipal Water District of Riverside, Cali- tionality Act to reform the H–2A worker pro- EC–9363. A communication from the Chief, fornia. gram under that Act, to provide a stable, Regulations and Administrative Law, Coast H.R. 3632. An act to prevent and punish legal agricultural workforce, to extend basic Guard, transmitting, pursuant to law, the re- counterfeiting and copyrighted copies and legal protections and better working condi- port of a rule entitled ‘‘Safety Zone (Includ- phonorecords, and for other purposes. ing 3 Regulations): CGDF13–04–031, CGD05–04– H.R. 4459. An act to authorize the Sec- tions to more workers, and for other pur- 170, CGD05–04–172’’ (RIN1625–AA00) received retary of the Interior, acting through the poses. on September 21, 2004; to the Committee on Bureau of Reclamation and in coordination f Commerce, Science, and Transportation. with other Federal, State, and local govern- EC–9364. A communication from the Chief, ment agencies, to participate in the funding EXECUTIVE AND OTHER COMMUNICATIONS Regulations and Administrative Law, Coast and implementation of a balanced, long-term Guard, transmitting, pursuant to law, the re- groundwater remediation program in Cali- The following communications were port of a rule entitled ‘‘Drawbridge Oper- fornia, and for other purposes. laid before the Senate, together with ation Regulations (Including 4 Regulations): The message also announced that accompanying papers, reports, and doc- CGD01–04–114, CGD01–04–105, CGD08–04–031, pursuant to section 1 of the Library of uments, and were referred as indicated: CGD08–04–024’’ (RIN1625–AA09) received on September 21, 2004; to the Committee on Congress Trust Fund Board Act (2 EC–9353. A communication from the Acting Commerce, Science, and Transportation. U.S.C. 154 note), the order of the House Assistant Director, Directives and Regula- of December 8, 2003, and upon the rec- EC–9365. A communication from the Chief, tions Branch, Forest Service, transmitting, Regulations and Administrative Law, Coast ommendation of the Minority Leader, pursuant to law, the report of a rule entitled Guard, transmitting, pursuant to law, the re- the Speaker appoints the following ‘‘Sawtooth National Recreation Area-Pri- port of a rule entitled ‘‘Safety Zone: member on the part of the House of vate Lands; Increasing Residential Out- Wiscasset, Maine; Demolition of Maine Representatives to the Library of Con- building Size’’ (RIN0596–AC00) received on Yankee Former Containment Building gress Trust Fund Board for a 5-year September 17, 2004; to the Committee on Ag- CGD01–04–099’’ (RIN1625–AA00) received on riculture, Nutrition, and Forestry. term to fill the existing vacancy there- September 21, 2004; to the Committee on EC–9354. A communication from the Con- Commerce, Science, and Transportation. on: Mr. J. Richard Fredericks of San gressional Review Coordinator, Animal Francisco, California. EC–9366. A communication from the Chief, Plant Health Inspection Service, Department Regulations and Administrative Law, Coast f of Agriculture, transmitting, pursuant to Guard, transmitting, pursuant to law, the re- law, the report of a rule entitled ‘‘Citrus MEASURES REFERRED port of a rule entitled ‘‘Special Local Regu- Canker; Quarantined Areas’’ (Doc. No. 04– lation for Marine Events: Patapsco River, The following bills were read the first 045–1) received on September 17, 2004; to the Inner Harbor, Baltimore, MD CGD05–04–158’’ and the second times by unanimous Committee on Agriculture, Nutrition, and (RIN1625–AA08) received on September 21, consent, and referred as indicated: Forestry. 2004; to the Committee on Commerce, EC–9355. A communication from the Under H.R. 2663. An act to authorize the Sec- Science, and Transportation. Secretary of Defense for Personnel and Read- retary of the Interior to study the suit- EC–9367. A communication from the Chief, iness, Department of Defense, transmitting, ability and feasibility of designating Castle Regulations and Administrative Law, Coast pursuant to law, the report of a retirement; Nugent Farms located on St. Croix, Virgin Guard, transmitting, pursuant to law, the re- to the Committee on Armed Services. Islands, as a unit of the National Park Sys- port of a rule entitled ‘‘Mandatory Ballast EC–9356. A communication from the Under tem, and for other purposes; to the Com- Water Management Program for U.S. Waters Secretary of Defense for Personnel and Read- mittee on Energy and Natural Resources. USCG–2003–14273’’ (RIN1625–AA52) received on H.R. 2966. An act to preserve the use and iness, Department of Defense, transmitting, September 21, 2004; to the Committee on access of pack and saddle stock animals on pursuant to law, the report of a retirement; Commerce, Science, and Transportation. public lands, including wilderness areas, na- to the Committee on Armed Services. EC–9368. A communication from the Chief, tional monuments, and other specifically EC–9357. A communication from the Under Regulations and Administrative Law, Coast designated areas, administered by the Na- Secretary of Defense for Personnel and Read- Guard, transmitting, pursuant to law, the re- tional Park Service, the Bureau of Land iness, Department of Defense, transmitting, port of a rule entitled ‘‘Security Zone; Pro- Management, the United States Fish and pursuant to law, the report of a retirement; tection of Military Cargo, Captain of the Wildlife Service, or the Forest Service where to the Committee on Armed Services. Port Zone Puget Sound, WA CGD13–04–019’’ there is a historical tradition of such use, EC–9358. A communication from the Dep- (RIN 1625–AA87) received on September 21, and for other purposes; to the Committee on uty Chief Counsel, Office of Foreign Assets 2004; to the Committee on Commerce, Energy and Natural Resources. Control, Department of the Treasury, trans- Science, and Transportation. H.R. 3257. An act to authorize the Sec- mitting, pursuant to law, the report of a rule EC–9369. A communication from the Chief, retary of the Interior to conduct a study to entitled ‘‘31 CFR part 592, Rough Diamonds Regulations and Administrative Law, Coast determine the suitability and feasibility of Control Regulations’’ received on September Guard, transmitting, pursuant to law, the re- establishing the Western Reserve Heritage 24, 2004; to the Committee on Banking, Hous- port of a rule entitled ‘‘Notification of Ar- Area; to the Committee on Energy and Nat- ing, and Urban Affairs. rival in U.S. Ports; Certain Dangerous Car- ural Resources. EC–9359. A communication from the Dep- goes; Electronic Submission USCG–2003– H.R. 3334. An act to authorize the Sec- uty Secretary of the Treasury, Department 16688’’ (RIN 1625–AA82) received on Sep- retary of the Interior to participate in the of the Treasury, transmitting, pursuant to tember 21, 2004; to the Committee on Com- design and construction of the Riverside-Co- law, a report on the national emergency with merce, Science, and Transportation. rona Feeder in cooperation with the Western respect to Iran that was declared in Execu- EC–9370. A communication from the Direc- Municipal Water District of Riverside, Cali- tive Order 12957 of March 15, 1005; to the tor, Office of Congressional Affairs, Nuclear fornia; to the Committee on Energy and Nat- Committee on Banking, Housing, and Urban Regulatory Commission, transmitting, pur- ural Resources. Affairs. suant to law, the report of a rule entitled H.R. 3632. An act to prevent and punish EC–9360. A communication from the Sec- ‘‘Generic Letter 2004–02: Potential Impact of counterfeiting of copyrighted copies and retary of Transportation, transmitting, a Debris Blockage on Emergency Recircula- phonorecords, and for other purposes; to the draft of proposed legislation entitled the tion During Design Basis Accidents at Pres- Committee on the Judiciary. ‘‘Research and Special Programs Reorganiza- surized-Water Reactors’’ received on Sep- H.R. 4459. An act to authorize the Sec- tion Act’’; to the Committee on Commerce, tember 17, 2004; to the Committee on Envi- retary of the Interior, acting through the Science, and Transportation. ronment and Public Works.

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.028 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9523 EC–9371. A communication from the Dep- 2004–96) received on September 17, 2004; to partment of State, transmitting, pursuant to uty Associate Administrator, Environmental the Committee on Finance. the Arms Export Control Act, the report of a Protection Agency, transmitting, pursuant EC–9381. A communication from the Chief, proposed license for the export of defense ar- to law, the report of a rule entitled ‘‘Air Publications and Regulations Branch, Inter- ticles or defense services sold commercially Quality Classifications for the 8-Hour Ozone nal Revenue Service, transmitting, pursuant under a contract in the amount of $50,000,000 National Ambient Air Quality Standards’’ to law, the report of a rule entitled ‘‘Returns or more to Israel; to the Committee on For- (FRL#7816–2) received on September 17, 2004; Relating to Interest Payments on Qualified eign Relations. to the Committee on Environment and Pub- Education Loans’’ (Notice 2004–63) received EC–9392. A communication from the Assist- lic Works. on September 17, 2004; to the Committee on ant Secretary for Legislative Affairs, De- EC–9372. A communication from the Dep- Finance. partment of State, transmitting, pursuant to uty Associate Administrator, Environmental EC–9382. A communication from the Chief, the Arms Export Control Act, the report of a Protection Agency, transmitting, pursuant Publications and Regulations Branch, Inter- proposed license for the export of defense ar- to law, the report of a rule entitled ‘‘Ap- nal Revenue Service, transmitting, pursuant ticles or defense services sold commercially proval and Promulgation of Implementation to law, the report of a rule entitled ‘‘Guid- under a contract in the amount of $100,000,000 Plans; Kentucky and Indiana: Approval of ance Concerning Use of 2001 CSO Tables or more to Canada; to the Committee on Revisions to 1-Hour Ozone Maintenance Plan Under Section 7702’’ (Notice 2004–61) received Foreign Relations. for Louisville Area’’ (FRL#7812–4) received on September 17, 2004; to the Committee on EC–9393. A communication from the Assist- on September 17, 2004; to the Committee on Finance. ant Secretary for Legislative Affairs, De- Environment and Public Works. EC–9383. A communication from the Chief, partment of State, transmitting, pursuant to EC–9373. A communication from the Dep- Publications and Regulations Branch, Inter- the Arms Export Control Act, the report of a uty Associate Administrator, Environmental nal Revenue Service, transmitting, pursuant proposed manufacturing license agreement Protection Agency, transmitting, pursuant to law, the report of a rule entitled ‘‘Fringe for the manufacture of significant military to law, the report of a rule entitled ‘‘Ap- Benefits Aircraft Valuation Formula’’ (Rev. equipment to Spain; to the Committee on proval and Promulgation of Implementation Rule 2004–70) received on September 17, 2004; Foreign Relations. Plans; North Carolina: Raleigh/Durham Area to the Committee on Finance. EC–9394. A communication from the Assist- and Greensboro/Winston-Salem/High Point EC–9384. A communication from the Chief, ant Secretary for Legislative Affairs, De- Area Maintenance Plan Updates’’ (FRL#7815– Publications and Regulations Branch, Inter- partment of State, transmitting, pursuant to 9) received on September 17, 2004; to the nal Revenue Service, transmitting, pursuant the Arms Export Control Act, the report of a Committee on Environment and Public to law, the report of a rule entitled ‘‘Request proposed manufacturing license agreement Works. for Comments on Staggered Remedial for the manufacture of significant military EC–9374. A communication from the Dep- Amendment Period Revenue Procedure’’ equipment in Egypt; to the Committee on uty Associate Administrator, Environmental (Ann. 2004–71) received on September 17, 2004; Foreign Relations. Protection Agency, transmitting, pursuant to the Committee on Finance. EC–9395. A communication from the Dep- to law, the report of a rule entitled ‘‘Ap- EC–9385. A communication from the Chief, uty Secretary of State, transmitting, pursu- proval and Promulgation of Implementation Publications and Regulations Branch, Inter- ant to law, a report relative to supporting Plans; State of Nevada; Las Vegas Valley nal Revenue Service, transmitting, pursuant Iraq’s political transition, creating demo- Carbon Monoxide Nonattainment Area’’ to law, the report of a rule entitled ‘‘Elec- cratic institutions, and rebuilding the coun- (FRL#7801–8) received on September 17, 2004; tronic Filing of Duplicate Form 5472’’ (TD try’s social and economic infrastructure; to to the Committee on Environment and Pub- 9161) received on September 17, 2004; to the the Committee on Foreign Relations. lic Works. Committee on Finance. EC–9396. A communication from the Assist- EC–9375. A communication from the Dep- EC–9386. A communication from the Regu- ant Legal Adviser for Treaty Affairs, Depart- uty Associate Administrator, Environmental lations Coordinator, Centers for Medicare ment of State, transmitting, pursuant to Protection Agency, transmitting, pursuant and Medicaid Services, Department of law, the report of texts and background to law, the report of a rule entitled ‘‘Haz- Health and Human Services, transmitting, statements of international agreements, ardous Waste Management System; Identi- pursuant to law, the report of a rule entitled other than treaties; to the Committee on fication and Listing of Hazardous Waste; ‘‘Medicare Program; Manufacturer’s Submis- Foreign Relations. Final Exclusion’’ (FRL#7816–9) received on sion of Average Sales Price Data for Medi- EC–9397. A communication from the Chair- September 17, 2004; to the Committee on En- care Part B Drugs and Biologicals (ASP)’’ man, Commission for the Preservation of vironment and Public Works. (RIN 0938–AN05) received on September 17, America’s Heritage Abroad, transmitting, EC–9376. A communication from the Dep- 2004; to the Committee on Finance. pursuant to law, a report relative to the uty Associate Administrator, Environmental EC–9387. A communication from the Regu- Commission’s work over the past three Protection Agency, transmitting, pursuant lations Coordinator, Office of the Secretary, years; to the Committee on Governmental to law, the report of a rule entitled ‘‘Mis- transmitting, pursuant to law, the report of Affairs. souri; Final Approval of Missouri Under- a rule entitled ‘‘Civil Money Penalties: Pro- EC–9398. A communication from the In- ground Storage Tank Program’’ (FRL#7816– cedures for Investigations Imposition of Pen- spector General, Department of Defense, 1) received on September 17, 2004; to the alties and Hearings—Extension of Expiration transmitting, pursuant to law, the report of Committee on Environment and Public Date’’ received on September 17, 2004; to the the Office of Inspector General’s results of Works. Committee on Finance. our audit of undefinitized contractual ac- EC–9377. A communication from the Dep- EC–9388. A communication from the Assist- tions; to the Committee on Governmental uty Associate Administrator, Environmental ant Secretary for Legislative Affairs, De- Affairs. Protection Agency, transmitting, pursuant partment of State, transmitting, pursuant to EC–9399. A communication from the Direc- to law, the report of a rule entitled ‘‘Revi- the Arms Export Control Act, the report of a tor, Occupational Safety and Health Admin- sion to the California State Implementation proposed manufacturing license agreement istration, Department of Labor, transmit- Plan, Antelope Valley Air Quality Manage- for the manufacture of significant military ting, pursuant to law, the report of a rule en- ment District’’ (FRL#7812–2) received on equipment abroad and the export of defense titled ‘‘Fire Protection in Shipyard Employ- September 17, 2004; to the Committee on En- articles or defense services in the amount of ment’’ (RIN 1218–AB51) received on Sep- vironment and Public Works. $100,000,000 or more to Japan; to the Com- tember 21, 2004; to the Committee on Health, EC–9378. A communication from the Chief, mittee on Foreign Relations. Education, Labor, and Pensions. Publications and Regulations Branch, Inter- EC–9389. A communication from the Assist- EC–9400. A communication from the Direc- nal Revenue Service, transmitting, pursuant ant Secretary for Legislative Affairs, De- tor, Regulations Management, Board of Vet- to law, the report of a rule entitled ‘‘Treat- partment of State, transmitting, pursuant to erans’ Appeal, transmitting, pursuant to ment of Certain Settlement Funds as Per- the Arms Export Control Act, the report of a law, the report of a rule entitled ‘‘Board of taining to Purchase Price Allocations in proposed license for the export of defense ar- Veterans’ Appeals: Obtaining Evidence and Deemed and Actual Asset Acquisitions’’ (RIN ticles that are firearms sold commercially Curing Procedural Defects’’ (RIN 2900–AL77) 1545–BD59) received on September 17, 2004; to under a contract in the amount of $1,000,000 received on September 21, 2004; to the Com- the Committee on Finance. or more to Italy; to the Committee on For- mittee on Veterans’ Affairs. EC–9379. A communication from the Chief, eign Relations. f Publications and Regulations Branch, Inter- EC–9390. A communication from the Assist- nal Revenue Service, transmitting, pursuant ant Secretary for Legislative Affairs, De- EXECUTIVE REPORTS OF to law, the report of a rule entitled ‘‘Place partment of State, transmitting, pursuant to COMMITTEES for Filing Returns or Other Documents’’ the Arms Export Control Act, the report of a (TD9156) received on September 17, 2004; to proposed license for the export of defense ar- The following executive reports of the Committee on Finance. ticles or defense services sold commercially committees were submitted: EC–9380. A communication from the Chief, under a contract in the amount of $100,000,000 By Mr. MCCAIN for the Committee on Publications and Regulations Branch, Inter- or more to Germany; to the Committee on Commerce, Science, and Transportation. nal Revenue Service, transmitting, pursuant Foreign Relations. *Jon D. Leibowitz, of Maryland, to be a to law, the report of a rule entitled ‘‘Applica- EC–9391. A communication from the Assist- Federal Trade Commissioner for a term of ble Federal Rates—October 2004’’ (Rev. Rul. ant Secretary for Legislative Affairs, De- seven years from September 26, 2003.

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.031 S22PT1 S9524 CONGRESSIONAL RECORD — SENATE September 22, 2004 *Deborah P. Majoras, of Virginia, to be a National Board for Education Sciences for a *Juan R. Olivarez, of Michigan, to be a Federal Trade Commissioner for the unex- term of four years. Member of the National Institute for Lit- pired term of seven years from September 26, *Roberto Ibarra Lopez, of Texas, to be a eracy Advisory Board for a term expiring No- 2001. Member of the Board of Directors of the Na- vember 25, 2006. Coast Guard nominations beginning Capt. tional Board for Education Sciences for a *Maria Otero, of the District of Columbia, Gary T. Blore and ending Capt. Joel R. term of two years. to be a Member of the Board of Directors of Whitehead, which nominations were received *Richard James Milgram, of New Mexico, the United States Institute of Peace for a by the Senate and appeared in the Congres- to be a Member of the Board of Directors of term expiring January 19, 2007. sional Record on September 7, 2004. the National Board for Education Sciences *Young Woo Kang, of Indiana, to be a Member of the National Council On Dis- Mr. MCCAIN. Mr. President, for the for a term of three years. ability for a term expiring September 17, Committee on Commerce, Science, and *Sally Epstein Shaywitz, of Connecticut, to be a Member of the Board of Directors of 2006. Transportation I report favorably the the National Board for Education Sciences *John H. Hager, of Virginia, to be Assist- following nomination lists which were for a term of three years. ant Secretary for Special Education and Re- printed in the RECORDs on the dates in- *Joseph K. Torgesen, of Florida, to be a habilitative Services, Department of Edu- dicated, and ask unanimous consent, to Member of the Board of Directors of the Na- cation. save the expense of reprinting on the tional Board for Education Sciences for a *Arden Bement, Jr., of Indiana, to be Di- term of four years. rector of the National Science Foundation Executive Calendar that these nomina- for a term of six years. tions lie at the Secretary’s desk for the *Herbert John Walberg, of Illinois, to be a Member of the Board of Directors of the Na- Mr. GREGG. Mr. President, for the information of Senators. tional Board for Education Sciences for a Committee on Health, Education, The PRESIDING OFFICER. Without term of three years. objection, it is so ordered. Labor, and Pensions I report favorably *Herman Belz, of Maryland, to be a Mem- the following nomination lists which Coast Guard nomination of Kenneth W. ber of the National Council on the Human- Megan. ities for a term expiring January 26, 2010. were printed in the RECORDS on the Coast Guard nominations beginning John *Tamar Jacoby, of New Jersey, to be a dates indicated, and ask unanimous B. McDermott and ending David C. Member of the National Council on the Hu- consent, to save the expense of reprint- Clippinger, which nominations were received manities for a term expiring January 26, ing on the Executive Calendar that by the Senate and appeared in the Congres- 2010. these nominations lie at the Sec- sional Record on September 10, 2004. *Craig Haffner, of California, to be a Mem- retary’s desk for the information of Coast Guard nomination of Karen W. ber of the National Council on the Human- Senators. Quiachon. ities for a term expiring January 26, 2010. The PRESIDING OFFICER. Without Coast Guard nominations beginning Mi- *James Davidson Hunter, of Virginia, to be chael H Anderson and ending Gordon K a Member of the National Council on the Hu- objection, it is so ordered. Weeks, which nominations were received by manities for a term expiring January 26, Public Health Service nominations begin- the Senate and appeared in the Congres- 2010. ning Terence L. Chorba and ending Parmjeet sional Record on September 10, 2004. *Harvey Klehr, of Georgia, to be a Member S. Saini, which nominations were received Coast Guard nominations beginning Scott of the National Council on the Humanities by the Senate and appeared in the Congres- B. Beeson and ending Needham E. Ward, for a term expiring January 26, 2010. sional Record on April 8, 2004. which nominations were received by the Sen- *Thomas K. Lindsay, of Texas, to be a Public Health Service nominations begin- ate and appeared in the Congressional Member of the National Council on the Hu- ning Daniel Molina and ending James D. Record on September 13, 2004. manities for a term expiring January 26, Warner, which nominations were received by National Oceanic and Atmospheric Admin- 2010. the Senate and appeared in the Congres- istration nominations beginning Jonathan W *Iris Love, of Vermont, to be a Member of sional Record on May 17, 2004. Bailey and ending Richard A Edmundson, the National Council on the Humanities for Public Health Service nominations begin- which nominations were received by the Sen- a term expiring January 26, 2010. ning Songhai Barclift and ending Gregory ate and appeared in the Congressional *Thomas Mallon, of Connecticut, to be a Woitte, which nominations were received by Record on September 20, 2004. Member of the National Council on the Hu- the Senate and appeared in the Congres- National Oceanic and Atmospheric Admin- manities for a term expiring January 26, sional Record on May 17, 2004. istration nominations beginning Timothy J 2010. Public Health Service nominations begin- Gallagher and ending Bernerd R Archer, *Ricardo Quinones, of California, to be a ning Alvin Abrams and ending Ariel E. which nominations were received by the Sen- Member of the National Council on the Hu- Vidales, which nominations were received by ate and appeared in the Congressional manities for a term expiring January 26, the Senate and appeared in the Congres- Record on September 20, 2004. 2010. sional Record on May 17, 2004. By Mr. GREGG for the Committee on *Beverly Allen, of Georgia, to be a Member *Nomination was reported with rec- Health, Education, Labor, and Pensions. of the National Museum and Library Serv- ommendation that it be confirmed sub- *Gerard Schwarz, of Washington, to be a ices Board for a term expiring December 6, ject to the nominee’s commitment to Member of the National Council on the Arts 2008. respond to requests to appear and tes- *Gail Daly, of Texas, to be a Member of the for the remainder of the term expiring Sep- tify before any duly constituted com- tember 3, 2006. National Museum and Library Services *James Ballinger, of Arizona, to be a Mem- Board for a term expiring December 6, 2008. mittee of the Senate. ber of the National Council on the Arts for a *Donald Leslie, of Wisconsin, to be a Mem- (Nominations without an asterisk term expiring September 3, 2010. ber of the National Museum and Library were reported with the recommenda- *Terence Alan Teachout, of New York, to Services Board for a term expiring December tion that they be confirmed.) be a Member of the National Council on the 6, 2006. f Arts for a term expiring September 3, 2010. *Amy Owen, of Utah, to be a Member of the *Jonathan Baron, of Maryland, to be a National Museum and Library Services INTRODUCTION OF BILLS AND Member of the Board of Directors of the Na- Board for a term expiring December 6, 2008. JOINT RESOLUTIONS tional Board for Education Sciences for a *Sandra Pickett, of Texas, to be a Member The following bills and joint resolu- of the National Museum and Library Serv- term of three years. tions were introduced, read the first *Elizabeth Ann Bryan, of Texas, to be a ices Board for a term expiring December 6, Member of the Board of Directors of the Na- 2005. and second times by unanimous con- tional Board for Education Sciences for a *Renee Swartz, of New Jersey, to be a sent, and referred as indicated: term of four years. Member of the National Museum and Library By Mrs. CLINTON: *James R. Davis, of Mississippi, to be a Services Board for a term expiring December S. 2827. A bill to amend the Federal Rules Member of the Board of Directors of the Na- 6, 2007. of Evidence to create an explicit privilege to tional Board for Education Sciences for a *Kim Wang, of California, to be a Member preserve medical privacy; to the Committee term of two years. of the National Museum and Library Serv- on the Judiciary. *Frank Philip Handy, of Florida, to be a ices Board for a term expiring December 6, By Mr. MCCAIN (for himself, Mr. FEIN- Member of the Board of Directors of the Na- 2004. GOLD, Mr. LIEBERMAN, and Mr. SCHU- tional Board for Education Sciences for a *William T. Hiller, of Ohio, to be a Member MER): term of three years. of the National Institute for Literacy Advi- S. 2828. A bill to amend the Federal Elec- *Eric Alan Hanushek, of California, to be a sory Board for a term expiring November 25, tion Campaign Act of 1971 to define political Member of the Board of Directors of the Na- 2006. committee and clarify when organizations tional Board for Education Sciences for a *Richard Kenneth Wagner, of Florida, to be described in section 527 of the Internal Rev- term of two years. a Member of the National Institute for Lit- enue Code of 1968 must register as political *Caroline M. Hoxby, of Massachusetts, to eracy Advisory Board for a term expiring No- committees, and for other purposes; to the be a Member of the Board of Directors of the vember 25, 2006. Committee on Rules and Administration.

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.033 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9525 By Mr. ALLARD (for himself and Mrs. (Mr. TALENT) was added as a cosponsor S. 2731 DOLE): of S. 1379, a bill to require the Sec- At the request of Mr. LAUTENBERG, S. 2829. A bill to establish a grant program retary of the Treasury to mint coins in the name of the Senator from Mary- administered under an agreement among the Secretaries of Housing and Urban Develop- commemoration of veterans who be- land (Ms. MIKULSKI) was added as a co- ment, Health and Human Services, and Vet- came disabled for life while serving in sponsor of S. 2731, a bill to amend title erans Affairs, in consultation with the U.S. the Armed Forces of the United States. 18, United States Code, to prohibit cer- Interagency Council on Homelessness, to ad- S. 1428 tain interstate conduct relating to ex- dress the goal of ending chronic homeless- At the request of Mr. MCCONNELL, otic animals. ness through coordinated provision of hous- the name of the Senator from Missouri S. 2759 ing, health care, mental health and sub- (Mr. TALENT) was added as a cosponsor At the request of Mr. ROCKEFELLER, stance abuse treatment, and supportive and other services, including assistance in ac- of S. 1428, a bill to prohibit civil liabil- the name of the Senator from South cessing non-homeless specific benefits and ity actions from being brought or con- Dakota (Mr. DASCHLE) was added as a services, and for other purposes; to the Com- tinued against food manufacturers, cosponsor of S. 2759, a bill to amend mittee on Banking, Housing, and Urban Af- marketers, distributors, advertisers, title XXI of the Social Security Act to fairs. sellers, and trade associations for dam- modify the rules relating to the avail- By Mr. SANTORUM (for himself and ages or injunctive relief for claims of ability and method of redistribution of Mr. BAYH): injury resulting from a person’s weight unexpended SCHIP allotments, and for S. 2830. A bill to amend part A of title IV gain, obesity, or any health condition of the Social Security Act to promote other purposes. healthy marriages and responsible father- related to weight gain or obesity. S. 2781 hood, and for other purposes; read the first S. 1890 At the request of Mrs. MURRAY, her time. At the request of Mr. ENZI, the name name was added as a cosponsor of S. By Mr. SMITH (for himself, Mr. BINGA- of the Senator from Tennessee (Mr. AL- 2781, a bill to express the sense of Con- MAN, Mr. CONRAD, Mr. DASCHLE, Mr. EXANDER) was added as a cosponsor of gress regarding the conflict in Darfur, HATCH, and Mr. THOMAS): S. 1890, a bill to require the mandatory S. 2831. A bill to amend the Internal Rev- Sudan, to provide assistance for the enue Code of 1986 and the Employee Retire- expensing of stock options granted to crisis in Darfur and for comprehensive ment Income Security Act of 1974 to clarify executive officers, and for other pur- peace in Sudan, and for other purposes. that federally recognized Indian tribal gov- poses. S. 2794 ernments are to be regulated under the same S. 1945 At the request of Mr. KENNEDY, the government employer rules and procedures At the request of Mr. MCCAIN, the name of the Senator from New Jersey that apply to Federal, State, and other local name of the Senator from New Jersey government employers with regard to the es- (Mr. LAUTENBERG) was added as a co- (Mr. LAUTENBERG) was added as a cosponsor of S. 2794, a bill to improve ele- tablishment and maintenance of employee sponsor of S. 1945, a bill to amend the benefit plans; to the Committee on Finance. mentary and secondary education. Public Health Service Act and the Em- S. 2807 f ployee Retirement Income Security At the request of Mr. CRAPO, the SUBMISSION OF CONCURRENT AND Act of 1974 to protect consumers in name of the Senator from Minnesota SENATE RESOLUTIONS managed care plans and other health (Mr. COLEMAN) was added as a cospon- coverage. The following concurrent resolutions sor of S. 2807, a bill to amend the Inter- S. 2468 and Senate resolutions were read, and nal Revenue Code of 1986 to exempt At the request of Ms. COLLINS, the referred (or acted upon), as indicated: containers used primarily in potato name of the Senator from Hawaii (Mr. By Mr. CORZINE (for himself, Mr. BAU- farming from the excise tax on heavy INOUYE) was added as a cosponsor of S. CUS, Mr. DURBIN, and Mr. DASCHLE): trucks and trailers. S. Res. 432. A resolution expressing the 2468, a bill to reform the postal laws of sense of the Senate that Congress should re- the United States. S. 2815 E INE ject Social Security privatization proposals, S. 2526 At the request of Mr. D W , the including those that require deep cuts in So- name of the Senator from Illinois (Mr. At the request of Mr. BOND, the cial Security benefits, such as the proposals names of the Senator from Minnesota DURBIN) was added as a cosponsor of S. of President Bush’s Social Security Commis- 2815, a bill to give a preference regard- (Mr. DAYTON) and the Senator from sion; to the Committee on Finance. ing States that require schools to allow f California (Mrs. FEINSTEIN) were added as cosponsors of S. 2526, a bill to reau- students to self-administer medication ADDITIONAL COSPONSORS thorize the Children’s Hospitals Grad- to treat that student’s asthma or ana- phylaxis, and for other purposes. S. 333 uate Medical Education Program. At the request of Mr. BREAUX, the S. 2560 S. 2822 name of the Senator from Washington At the request of Mr. LEAHY, the At the request of Mr. REID, the (Ms. CANTWELL) was added as a cospon- name of the Senator from Florida (Mr. names of the Senator from Alabama sor of S. 333, a bill to promote elder GRAHAM) was added as a cosponsor of S. (Mr. SHELBY) and the Senator from justice, and for other purposes. 2560, a bill to amend chapter 5 of title Maryland (Mr. SARBANES) were added S. 847 17, United States Code, relating to in- as cosponsors of S. 2822, a bill to pro- At the request of Mr. SMITH, the ducement of copyright infringement, vide an extension of highway, highway name of the Senator from Michigan and for other purposes. safety, motor carrier safety, transit, (Ms. STABENOW) was added as a cospon- S. 2561 and other programs funded out of the sor of S. 847, a bill to amend title XIX At the request of Mr. JOHNSON, the Highway Trust Fund pending enact- of the Social Security Act to permit name of the Senator from South Da- ment of a law reauthorizing the Trans- States the option to provide medicaid kota (Mr. DASCHLE) was added as a co- portation Equity Act for the 21st cen- coverage for low income individuals in- sponsor of S. 2561, a bill to amend title tury. fected with HIV. 38, United States Code, to provide for S.J. RES. 31 S. 1010 certain servicemembers to become eli- At the request of Mrs. FEINSTEIN, her At the request of Mr. HARKIN, the gible for educational assistance under name was added as a cosponsor of S.J. name of the Senator from Hawaii (Mr. the Montgomery GI Bill. Res. 31, a joint resolution to provide INOUYE) was added as a cosponsor of S. S. 2568 for Congressional disapproval of cer- 1010, a bill to enhance and further re- At the request of Mr. BIDEN, the tain regulations issued by the Office of search into paralysis and to improve name of the Senator from New Mexico the Comptroller of the Currency, in ac- rehabilitation and the quality of life (Mr. DOMENICI) was added as a cospon- cordance with section 802 of title 5, for persons living with paralysis and sor of S. 2568, a bill to require the Sec- United States Code. other physical disabilities. retary of the Treasury to mint coins in S.J. RES. 32 S. 1379 commemoration of the tercentenary of At the request of Mrs. FEINSTEIN, her At the request of Mr. JOHNSON, the the birth of Benjamin Franklin, and for name was added as a cosponsor of S.J. name of the Senator from Missouri other purposes. Res. 32, a joint resolution to provide

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.034 S22PT1 S9526 CONGRESSIONAL RECORD — SENATE September 22, 2004 for Congressional disapproval of cer- (Mr. BAUCUS) was added as a cosponsor as a ‘‘consistent champion of privacy tain regulations issued by the Office of of S. Res. 431, a resolution expressing rights,’’ then-Senator Ashcroft says the Comptroller of the Currency, in ac- the sense of the Senate that the United ‘‘We should guarantee that the federal cordance with section 802 of title 5, Nations Security Council should imme- government does not undermine an in- United States Code. diately consider and take appropriate dividual’s fundamental right to privacy S. CON. RES. 8 actions to respond to the growing . . . Without privacy protections in At the request of Ms. COLLINS, the threats posed by conditions in Burma place, people may be discouraged from name of the Senator from New York under the illegitimate rule of the State seeking help or taking advantage of (Mr. SCHUMER) was added as a cospon- Peace and Development Council. the access to health care.’’ I agree. But unlike Attorney General sor of S. Con. Res. 8, a concurrent reso- f lution designating the second week in Ashcroft, I believe preserving patient may each year as ‘‘National Visiting STATEMENTS ON INTRODUCED privacy entails more than issuing a Nurse Association Week’’. BILLS AND JOINT RESOLUTIONS press release. Patient privacy doesn’t S. CON. RES. 127 By Mrs. CLINTON: end when it conflicts with a political At the request of Mr. SCHUMER, the S. 2827. A bill to amend the Federal agenda, no matter how deeply felt that name of the Senator from Pennsyl- Rules of Evidence to create an explicit conviction. vania (Mr. SPECTER) was added as a co- privilege to preserve medical privacy, Throughout this Administration, we sponsor of S. Con. Res. 127, a concur- to the Committee on the Judiciary. have seen Attorney General Ashcroft rent resolution expressing the sense of Mrs. CLINTON. Mr. President, today, disregard civil liberties in the name of Congress that the President should des- I rise to introduce the Patients’ Pri- preventing terrorism. But through this ignate September 11 as a national day vacy Protection Act, legislation that action, we see him disregarding civil of voluntary service, charity, and com- will close a loophole in the Federal rights in the name of outlawing abor- passion. Rules of Evidence and ensure that tion. This is a very slippery slope that, if unchecked, could affect not just S. CON. RES. 136 every American’s medical records re- women seeking reproductive At the request of Mr. CONRAD, the main confidential. I want to acknowl- names of the Senator from Montana edge my friend Congressman NADLER healthcare, but all Americans. Over the past few months, the Department of (Mr. BAUCUS), the Senator from Mary- who is introducing the House com- Justice has asserted that federal law land (Ms. MIKULSKI), the Senator from panion to this bill today as well as Sen- does not recognize the doctor-patient Pennsylvania (Mr. SANTORUM) and the ators CORZINE, WYDEN, LAUTENBERG, privilege, and that individuals no Senator from New Mexico (Mr. BINGA- BOXER, JEFFORDS, and MIKULSKI who longer have a reasonable expectation of MAN) were added as cosponsors of S. join me as original cosponsors of this Con. Res. 136, a concurrent resolution critical measure. medical privacy. These are alarming honoring and memorializing the pas- I began exploring this issue when I statements. Thankfully, Attorney General sengers and crew of United Airlines learned that Attorney General John Ashcroft is not being allowed to run Flight 93. Ashcroft had subpoenaed the confiden- roughshod over our right to privacy tial medical records from thousands of S. RES. 408 and medical confidentiality. On March women around the country to defend At the request of Mr. SMITH, the 5, 2004, a San Francisco court ruled the first-ever Federal abortion ban in name of the Senator from Montana that the Department of Justice has no Federal court. The fact that the women (Mr. BURNS) was added as a cosponsor right to view the records in question in in question were not a party to the of S. Res. 408, a resolution supporting the Planned Parenthood Federation of lawsuits did not deter him. the construction by Israel of a security America lawsuit against the abortion Such a deliberate intrusion into peo- fence to prevent Palestinian terrorist ban. The decision issued by Judge ple’s medical privacy record is deeply attacks, condemning the decision of Phyllis Hamilton soundly affirmed disturbing. Americans deserve full con- the International Court of Justice on women’s right to privacy. She said, fidence that the government is not the legality of the security fence, and ‘‘There is no question that the patient looking into their medical records. urging no further action by the United is entitled to privacy and protection. Nations to delay or prevent the con- Without such an assurance, how will . . . Women are entitled to not have the struction of the security fence. Americans trust their doctors? What government looking at their records.’’ S. RES. 424 procedures, discussions, and diagnoses Nevertheless, we cannot take a At the request of Mr. CRAIG, the will they avoid for fear that these chance that once again, when it suits names of the Senator from Colorado records could shame them or adversely the political or ideological interests of (Mr. CAMPBELL), the Senator from Ken- impact their future if unearthed? this Administration or Administra- tucky (Mr. BUNNING), the Senator from At issue in this bill is what a reason- tions to come, the federal government Wisconsin (Mr. KOHL), the Senator able person should expect when they will intrude upon the most personal of from West Virginia (Mr. BYRD) and the walk into a doctor’s office. That person information. That is why I stand before Senator from Alabama (Mr. SESSIONS) expects that what they say to her doc- you today. were added as cosponsors of S. Res. 424, tor stays with her doctor. Only because The Patient Privacy Protection Act a resolution designating October 2004 of that confidence are people able to be of 2004 is very simple. It states that a as ‘‘Protecting Older Americans From honest. And only through that honesty patient’s medical records and any com- Fraud Month’’. are people able to obtain the munication about their medical his- S. RES. 427 healthcare they need. tory are confidential unless a judge de- At the request of Mr. SARBANES, the The right to private medical records termines that the public interest in name of the Senator from Hawaii (Mr. is an issue that, in rhetoric at least, those records being made public sig- INOUYE) was added as a cosponsor of S. has broad support on both sides of the nificantly outweighs the patient’s Res. 427, a resolution congratulating partisan divide. In fact, it was Presi- privilege. In the cases where a judge or- the citizens of Greece, the members of dent Bush himself who, as recently as ders the records to be disclosed, the the Athens 2004 Organizing Committee 2001 during a statement on the Medical court shall, to the extent practicable, for the Olympic and Paralympic Privacy Rule said, ‘‘I believe that we eliminate any and all personally iden- Games, the International Olympic must protect both vital health care tifiably information. Committee, the United States Olympic services and the right of every Amer- I am pleased to be introducing this Committee, the 2004 United States ican to have confidence that his or her simple, straightforward, common-sense Olympic Team, athletes from around personal medical records will remain piece of legislation. I do not believe the world, and all the personnel who private.’’ there is a Member of either Chamber of participated in the 2004 Olympic Sum- Even Attorney General Ashcroft has Congress who in good faith could op- mer Games in Athens, Greece. made strong statements in support of pose this measure, and I look forward S. RES. 431 the privacy of medical records. Back in to working with my colleagues, Rep- At the request of Mrs. FEINSTEIN, the 1998, in a press release put out by his resentative NADLER and others to see it name of the Senator from Montana Senate office in which he is referred to enacted into law expediently.

VerDate Aug 04 2004 02:33 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.035 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9527 By Mr. MCCAIN (for himself, Mr. zation activities by Federal political Opponents of campaign reform like FEINGOLD, Mr. LIEBERMAN, and committees would have to be hard to point out that the activities of these Mr. SCHUMER): money from their Federal account. 527s serve as proof that the Bipartisan S. 2828. A bill to amend the Federal More importantly, the funds raised for Campaign Reform Act of 2002 (BCRA) Election Campaign Act of 1971 to define their non-federal account would have has failed in its stated purpose to political committee and clarify when to come from individuals and would be eliminate the corrupting influence of organizations described in section 527 limited to no more than $25,000 per soft money in our political campaigns. of the Internal Revenue Code of 1968 year per donor. Corporations and labor Let me be perfectly clear on this. The must register as political committees, unions could not contribute to these 527 issue has nothing to do with BCRA, and for other purposes; to the Com- non-federal accounts. To put it in sim- it has everything to do with the 194 law mittee on Rules and Administration. ple terms, a George Soros could give and the failure of the FEC to do its job Mr. MCCAIN. Mr. President, I am $25,000 per year as opposed to $10 mil- and properly regulate the activities of pleased to be joined by my good friend lion to finance these activities. these groups. and colleague from Wisconsin, Senator Let me be perfectly clear on one As further evidence of the FEC’s lack FEINGOLD, and our good friends who point here. Our proposal will not shut of capability, let me quote from a cou- lead the campaign finance reform fight down 527s, it will simply require them ple of recent court decisions which in the House, Representatives SHAYS to abide by the same Federal regula- highlight this agency’s shortcomings. and MEEHAN, in introducing a bill to tions every other Federal political First, in its decision upholding the con- end the illegal practice of 527 groups committee must abide by in spending stitutionality of BCRA in McConnell v. spending soft money on ads and other money to influence Federal elections. FEC, the U.S. Supreme Court stated activities to influence Federal elec- It is unfortunate that we even need that the FEC had ‘‘subverted’’ the law, tions. to be here introducing this bill today. issued regulations that ‘‘permitted As my colleagues know, a number of This legislation would not be necessary more than Congress had ever in- 527 groups have been raising and spend- if it weren’t for the abject failure of tended,’’ and ‘‘invited widespread cir- ing substantial amounts of soft money the FEC to enforce existing laws. As cumvention’’ of FECA’s limited on con- in a blatant effort to influence the out- my colleagues well know, some organi- tributions. Additionally, just this past come of this year’s Presidential elec- zations, registered under section 527 of Saturday, a federal district court judge tion. These activities are illegal under the Internal Revenue Code, have had a threw out 15 of the FEC’s regulations existing laws, and yet once again, the major impact on this year’s presi- implementing BCRA. Among the rea- Federal Election Commission (FEC) dential election by raising and spend- sons for her actions were that one pro- has failed to do its job and has refused ing illegal soft money to run ads at- vision ‘‘severely undermines FECA’’ to do anything to stop these illegal ac- tacking both President Bush and Sen- and would ‘‘foster corruption’’, another tivities. Therefore, we must pursue all ator KERRY. The use of soft money to ‘‘runs completely afoul’’ of current possible steps to overturn the FEC’s finance these activities is clearly ille- law, another would ‘‘render the statute misinterpretation of the campaign fi- gal under current statute, and the fact largely meaningless’’ and, finally, that nance laws, which is improperly allow- that they have been allowed to con- another had ‘‘no rational basis.’’ ing 527 groups whose purpose is to in- tinue unchecked is unconscionable. The track record of the FEC is clear, fluence Federal elections to spend soft The blame for this lack of enforce- and by their continued stonewalling, money on these efforts. ment does not lie with the Congress, the Commission has proven itself to be Last week, we filed a lawsuit to over- nor with the Administration. The nothing more than a bureaucratic turn the FEC’s failure to issue regula- blame for this continuing illegal activ- nightmare, and the time has come to tions to stop these illegal practices by ity lies squarely with the FEC. This put an end to its destructive tactics. 527 groups. President Bush and his agency has a duty to issue regulations The FEC has had ample, and well docu- campaign filed a similar lawsuit to properly implement and enforce the mented, opportunities to address the against the FEC last week as well, and nation’s campaign laws—and the FEC issue of the 527s illegal activities, and I also appreciate President Bush’s sup- has failed, and it has failed miserably each time they have taken a pass, port for the legislative effort we begin to carry out that responsibility. The choosing instead to delay, postpone, today on 527s. We are introducing legis- Supreme Court found that to be the and refuse to act. lation that will accomplish the same case in its McConnell decision and Enough is enough. It is time to stop result. We are going to follow every Judge Kollar-Kotelly found that to be wasting taxpayer’s dollars on an agen- possible avenue to stop 527 groups from cy that runs roughshod over the will of effectively breaking the law, and doing the case in her recent decision over- turning 15 regulations incorrectly the Congress, the Supreme Court, the what they are already prohibited from American people, and the Constitution. doing by longstanding laws. adopted by the FEC to implement the new BCRA law. That is why a Los An- We’ve fought too long and too hard to The bill we introduce today is sim- sit back and allow this worthless agen- geles Times editorial today stated ply. It would require that all 527s reg- cy to undermine the law. that, ‘‘her decision would make a fit- ister as political committees and com- So, here is the bottom line: if the ply with Federal campaign finance ting obituary for an agency that de- FEC won’t do its job, and its commis- laws, including Federal limits on the serves to die.’’ sioners have proven time and time It should be clear by now why we contributions they receive, unless the again that they won’t, then we’ll do it have introduced legislation to abolish money they raise and spend is only in for them. The bill Senator FEINGOLD the FEC and replace it with a new en- connection with non-Federal candidate and I introduce today will put an end forcement agency. And we will be con- elections, State or local ballot initia- to the abusive, illegal practices of ducting a major effort starting at the tives, or the nomination or confirma- these 527s. And we will fight beginning beginning of next year to enact our bill tion of individuals to non-elected of- next year to replace this rogue agency fices. to get a new, true enforcement agency with a real enforcement agency. Additionally, this legislation would and to pass the 527 reform act we are I urge my colleagues to support swift set new rules for Federal political com- introducing today. We are not going to passage of these bills and put an end to mittees that spend funds on voter mo- allow the destructive FEC to continue this problem once and for all. bilization efforts effecting both federal to undermine the nation’s campaign fi- Mr. President, I ask unanimous con- and local races and, therefore, use both nance laws as it has been consistently sent that the text of the bill be printed a federal and a non-Federal account doing for the past two decades. In the in the RECORD. under FEC regulations. The new rules mean time, given the unmitigated fail- There being no objection, the bill was would prevent unlimited soft money ure of this agency, I believe that its ordered to be printed in the RECORD, as from being channeled into Federal Chair, Bradley Smith and its Vice follows: election activities by these Federal po- Chair, Ellen Weintraub, should resign S. 2828 litical committees. and recognize that they have failed to Be it enacted by the Senate and House of Rep- Under the new rules, at least half of carry out their responsibilities as pub- resentatives of the United States of America in the funds spent on these voter mobili- lic officials. Congress assembled,

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.038 S22PT1 S9528 CONGRESSIONAL RECORD — SENATE September 22, 2004 SECTION 1. SHORT TITLE. SEC. 3. CERTAIN EXPENSES BY MAJOR PURPOSE disbursements for solicitation of funds and ORGANIZATIONS TREATED AS EX- for planning and administration of actual This Act may be cited as the ‘‘527 Reform PENDITURES. Act of 2004’’. fundraising events, where Federal and non- (a) IN GENERAL.—Section 301(9)(A)(i) of the Federal funds are collected through such SEC. 2. TREATMENT OF SECTION 527 ORGANIZA- Federal Election Campaign Act of 1971 (2 program or event shall be paid with funds U.S.C. 431(9)(A)(i)) is amended by inserting ‘‘, TIONS. from a Federal account, except that for a including any amount described in section (a) DEFINITION OF POLITICAL COMMITTEE.— separate segregated fund such costs may be 325(b)’’ after ‘‘office’’. paid instead by its connected organization. Section 301(4)(A) of the Federal Election (b) APPLICABLE COMMUNICATIONS.—Section Campaign Act of 1971 (2 U.S.C. 431(4)(A)) is 325 of the Federal Election Campaign Act of ‘‘(C) At least 50 percent of the expenses for amended to read as follows: 1971 (as added by section 2(b)) is amended by public communications or voter drive activi- ‘‘(A) any committee, club, association, or adding at the end the following new sub- ties that refer to a political party, but do not other group of persons that— section: refer to any clearly identified Federal or ‘‘(i) during one calendar year, receives con- ‘‘(b) CERTAIN EXPENDITURES FOR MAJOR non-Federal candidate, shall be paid with tributions aggregating in excess of $1,000 or PURPOSE ORGANIZATIONS.— funds from a Federal account. makes expenditures aggregating in excess of ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘(D) 100 percent of the expenses for public $1,000; and a purchase, payment, distribution, loan, ad- communications or voter drive activities ‘‘(ii) has as its major purpose the nomina- vance, deposit, or gift of money or anything that refer to a political party, and refer to tion or election of one or more candidates;’’. of value for— one or more clearly identified Federal can- (b) DEFINITION OF MAJOR PURPOSE FOR SEC- ‘‘(A) a public communication that refers to didates, but do not refer to any clearly iden- TION 527 ORGANIZATIONS.—Title III of the a clearly identified candidate for Federal of- tified non-Federal candidates, shall be paid Federal Election Campaign Act of 1971 (2 fice or to a political party (regardless of with funds from a Federal account. U.S.C. 431 et seq.) is amended by adding at whether a candidate for State or local office ‘‘(E) At least 50 percent of the expenses for the end the following new section: is also mentioned or identified) and that pro- public communications or voter drive activi- motes, supports, attacks, or opposes a can- ties that refer to a political party, and refer ‘‘SEC. 325. DEFINITIONS AND RULES FOR DETER- didate for that office or a political party (re- to one or more clearly identified non-Federal MINING ORGANIZATIONS AND DIS- candidates, but do not refer to any clearly BURSEMENTS INFLUENCING FED- gardless of whether the communication ex- ERAL ELECTIONS. pressly advocates a vote for or against a can- identified Federal candidates, shall be paid didate), or with funds from a Federal account, except ‘‘(a) MAJOR PURPOSE OF SECTION 527 ORGA- ‘‘(B) voter registration activity, voter that this subparagraph shall not apply to NIZATIONS.—For purposes of section identification, get-out-the-vote activity, or communications or activities that relate ex- 301(4)(A)— generic campaign activity conducted in con- clusively to elections where no candidate for ‘‘(1) IN GENERAL.—A committee, club, asso- nection with an election in which a can- Federal office appears on the ballot. ciation, or group of persons that— didate for Federal office appears on the bal- ‘‘(F) At least 50 percent of the expenses for ‘‘(A) is an organization described in section lot (regardless of whether a candidate for public communications and voter drive ac- 527 of the Internal Revenue Code of 1986, and State or local office also appears on the bal- tivities that refer to one or more clearly ‘‘(B) is not described in paragraph (2), lot), identified candidates for Federal office and has as its major purpose the nomination or shall be an expenditure under section one or more clearly defined non-Federal can- election of one or more candidates. 301(9)(A)(i) if made by, or on behalf of, a po- didates, without regard to whether the com- ‘‘(2) EXCEPTED ORGANIZATIONS.—Subject to litical committee (as defined in section munication refers to a political party, shall paragraph (3), a committee, club, associa- 301(4)) or a committee, club, association, or be paid with funds from a Federal account. tion, or other group of persons described in other group of persons for which the nomina- ‘‘(3) QUALIFIED NON-FEDERAL ACCOUNT.—For this paragraph is— tion or election of one or more candidates is purposes of this subsection— ‘‘(A) an organization described in section its major purpose. ‘‘(A) IN GENERAL.—The term ‘qualified non- 527(i)(5) of the Internal Revenue Code of 1986, ‘‘(2) EXCEPTION.—Any funds used for pur- Federal account’ means an account which or poses described in paragraph (1) that, in ac- consists solely of amounts— ‘‘(B) any other organization which is one of cordance with allocation rules set forth in ‘‘(i) that, subject to the limitations of sub- the following: section 325(c), are disbursed from a non-Fed- paragraphs (B) and (C), are raised by the sep- ‘‘(i) A committee, club, association, or eral account shall not be treated as expendi- arate segregated fund or nonconnected com- other group of persons whose election or tures.’’. mittee only from individuals, and nomination activities relate exclusively to ‘‘(ii) with respect to which all other re- SEC. 4. RULES FOR ALLOCATION OF EXPENSES elections where no candidate for Federal of- BETWEEN FEDERAL AND NON-FED- quirements of Federal, State, or local law fice appears on the ballot. ERAL ACTIVITIES. are met. ‘‘(ii) A committee, club, association, or Section 325 of the Federal Election Cam- ‘‘(B) LIMITATION ON INDIVIDUAL DONA- other group of persons that is organized, op- paign Act of 1971 (as added by section 2(b) TIONS.— erated, and makes disbursements exclusively and amended by section 3) is amended by ‘‘(i) IN GENERAL.—A separate segregated for one or more of the following purposes: adding at the end the following: fund or nonconnected committee may not ‘‘(I) Influencing the selection, nomination, ‘‘(c) ALLOCATION AND FUNDING RULES FOR accept more than $25,000 in funds for its election, or appointment of one or more can- EXPENSES OF SEPARATE SEGREGATED FUNDS qualified non-Federal account from any one didates to non-Federal offices. AND NONCONNECTED COMMITTEES RELATING TO individual in any calendar year. ‘‘(II) Influencing one or more State or local FEDERAL AND NON-FEDERAL ACTIVITIES.— ‘‘(ii) AFFILIATION.—For purposes of this ballot initiatives, State or local referenda, ‘‘(1) IN GENERAL.—In the case of any dis- subparagraph, all qualified non-Federal ac- State or local constitutional amendments, bursements by any separate segregated fund counts of separate segregated funds or non- State or local bond issues, or other State or or nonconnected committee for which alloca- connected committees which are directly or local ballot issues. tion rules are provided under paragraph (2)— indirectly established, financed, maintained, ‘‘(III) Influencing the selection, appoint- ‘‘(A) the disbursements shall be allocated or controlled by the same person or persons ment, nomination, or confirmation of one or between Federal and non-Federal accounts in shall be treated as one account. more individuals to non-elected offices. accordance with this subsection and regula- ‘‘(C) FUNDRAISING LIMITATION.—No dona- ‘‘(IV) Paying expenses described in the last tions prescribed by the Commission, and tion to a qualified non-Federal account may sentence of section 527(e)(2) of the Internal ‘‘(B) in the case of disbursements allocated be solicited, received, directed, transferred, Revenue Code of 1986 or expenses of a news- to non-Federal accounts, may be paid only or spent by or in the name of any person de- letter fund described in section 527(g) of such from a qualified non-Federal account. scribed in subsection (a) or (e) of section 323. Code. ‘‘(2) COSTS TO BE ALLOCATED AND ALLOCA- ‘‘(4) VOTER DRIVE ACTIVITY AND FEDERAL AC- ‘‘(3) SECTION 527 ORGANIZATIONS MAKING CER- TION RULES.—Disbursements by any separate COUNT DEFINED.—For purposes of this sub- TAIN DISBURSEMENTS.—A committee, club, segregated fund or nonconnected committee section— association, or other group of persons de- in connection with Federal and non-Federal ‘‘(A) VOTER DRIVE ACTIVITY.—The term scribed in paragraph (2)(B) shall not be con- elections for any of the following categories ‘voter drive activity’ means any of the fol- sidered to be described in such paragraph for of activity shall be allocated as follows: lowing activities conducted in connection purposes of paragraph (1)(B) if it makes dis- ‘‘(A) At least 50 percent of any administra- with an election in which a candidate for bursements for a public communication that tive expenses, including rent, utilities, office Federal office appears on the ballot (regard- promotes, supports, attacks, or opposes a supplies, and salaries not attributable to a less of whether a candidate for State or local clearly identified candidate for Federal of- clearly identified candidate shall be paid office also appears on the ballot): fice during the period beginning on the first with funds from a Federal account, except ‘‘(i) Voter registration activity. day of the calendar year preceding the cal- that for a separate segregated fund such ex- ‘‘(ii) Voter identification. endar year in which the general election for penses may be paid instead by its connected ‘‘(iii) Get-out-the-vote activity. the office sought by the clearly identified organization. ‘‘(iv) Generic campaign activity. candidate occurs and ending on the date of ‘‘(B) At least 50 percent of the direct costs ‘‘(B) FEDERAL ACCOUNT.—The term ‘Federal the general election.’’. of a fundraising program or event, including account’ means an account which consists

VerDate Aug 04 2004 02:25 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.041 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9529 solely of contributions subject to the limita- portion of the expenses of activities (6) raises and spends money exclusively to tions, prohibitions, and reporting require- that affect both Federal and non-Fed- influence state or local ballot initiatives, ments of this Act. Nothing in this subsection eral elections. Our bill sets new alloca- referenda, constitutional amendments, bond or in section 323(b)(2)(B)(iii) shall be con- tion rules that will make sure that issues, or other ballot measures; strued to infer that a limit other than the (7) raises and spends money exclusively to limit under section 315(a)(1)(C) applies to these allocable activities are paid for influence the selection, appointment, nomi- contributions to the account.’’. with at least 50 percent hard money. nation, or confirmation of individuals to SEC. 5. CONSTRUCTION. Finally, the bill makes an important non-elected offices. No provision of this Act, or amendment change with respect to the non-Federal An organization that makes a disburse- made by this Act, shall be construed— portion of the allocable activities. We ment for a public communication that pro- (1) as approving, ratifying, or endorsing a put a limit of $25,000 per year on the motes, supports, attacks or opposes a clearly regulation promulgated by the Federal Elec- contributions that can be accepted for identified candidate for Federal office during tion Commission, or that non-Federal account. And we pro- the two-year election cycle of that candidate (2) as establishing, modifying, or otherwise cannot qualify for exceptions (2)–(7) above. hibit corporate or union funds from Section 3. Certain Expenses by Major Pur- affecting the definition of political organiza- being given to those non-Federal action for purposes of the Internal Revenue pose Organizations Treated as Expenditures. Code of 1986. counts. So no more will million dollar This section supplements the definition of SEC. 6. EFFECTIVE DATE. soft money contributions be used to ‘‘expenditure’’ for any organization whose The amendments made by this Act shall pay for get-out-the-vote efforts in the ‘‘major purpose’’ is the nomination or elec- take effect on January 1, 2005. Presidential campaign. tion of one or more candidates. (This goes to the other portion of the test for ‘‘political Mr. FEINGOLD. Mr. President, I am Nothing in this bill will affect 501(c) advocacy groups. The bill only applies committee’’ status: whether a group with a pleased to once again be working with ‘‘major purpose’’ to influence federal elec- my partner in reform, the Senator to groups that claim a tax exemption under section 527. And it would be ef- tions spends $1,000 in ‘‘expenditures’’ in a from Arizona, Senator MCCAIN, and year.) also with the Senator from Con- fective in the next election cycle, not Payments for the following activities by necticut, Senator LIEBERMAN, who was this one. ‘‘major purpose’’ organizations, which under so instrumental in getting the 527 dis- The soft money loophole was opened Section 2 include 527 organizations involved closure bill passed in 2000. We are in- by FEC rulings in the late ’70s. By the in Federal elections, will be considered expenditures: troducing today the 527 Reform Act of time we started work on BCRA, the problem had mushroomed and led to (1) public communications that promote, 2004. This bill will do what the FEC the scandals we saw in the 1996 cam- support, attack, or oppose a clearly identi- could and should do under current law, paign. When we passed BCRA, I said we fied Federal candidate or a political party; but, once again, has failed to do. (2) voter registration activity, voter identi- It sometimes seems like our mission would have to be vigilant to make sure fication, get-out the vote activity, or generic in life is to clean up the mess that the that the FEC enforced the law and that campaign activity conducted in connection FEC has made. We had to do that with similar loopholes did not develop. That with an election where a Federal candidate is what we have been doing for the past appears on the ballot. BCRA, the Bipartisan Campaign Re- Section 4. Rules for Allocation of Expenses form Act, which passed in 2002, closing 2 years, and what are again doing today. Between Federal and Non-Federal Can- the soft money loophole that the FEC I have no doubt that if we don’t act didates. This section provides allocation created in the late ’70s and expanded in on this 527 problem now, we will see rules for political committees (other than candidate committees or political party the ’90s. We are doing it again with the the problem explode into scandals over regulations that the FEC put in place committees) that engage in both Federal and the next few election cycles. This time non-Federal election activities. If a political after BCRA passed. Just this past we’re not going to wait. weekend an extraordinary court deci- committee engages in activities that men- I ask unanimous consent that the tion a clearly identified Federal candidate or sion came down that threw out 15 of text of our bill and a section-by-section candidates, or a political party generally, it the 19 FEC regulations challenged by analysis be printed in the RECORD. must fund at least 50% of those activities Representatives SHAYS and MEEHAN in There being no objection, the anal- from a Federal account that contains only a lawsuit under the Administrative ysis was ordered to be printed in the hard money, even if such activities also men- Procedures Act. That decision was an RECORD, as follows: tion, or are for the benefit of, non-Federal candidates. The other portion may be funded extraordinary rebuke to a Federal 527 REFORM ACT OF 2004 SECTION-BY-SECTION from a ‘‘qualified non-Federal account.’’ An agency. ANALYSIS activity that mentions both Federal can- And now we are here to introduce a Section 1. Short Title. The bill may be bill that will make absolutely clear didates and a political party generally must cited as the ‘‘527 Reform Act of 2004.’’ be paid for entirely with hard money. These Section 2. Treatment of Section 527 Orga- that the Federal election laws apply to allocation rules apply to administrative ex- nizations. This section revises the definition 527 organizations. Let me emphasize penses, the costs of fundraising programs or of ‘‘political committee’’ in the Federal one thing. We believe that current Fed- events, public communications, and voter eral election law requires these groups Election Campaign Act (‘‘FECA’’) to add the requirement that an organization ‘‘has as its drive activities, which are defined in this to register as political committees and major purpose the nomination or election of section as voter registration, voter identi- stop raising and spending soft money. one or more candidates.’’ This language is fication, get out the vote, and generic cam- But the FEC has failed to enforce the taken from the Supreme Court’s decision in paign activities. The section also provides that contribu- Buckley v. Valeo, which added this ‘‘major law, saying it is too complicated or tions to ‘‘qualified non-Federal accounts’’ purpose’’ test to the existing statutory defi- that it is too late in the election cycle used to pay the non-Federal portion of ex- nition that a ‘‘political committee’’ is a to take action. Those excuses are unac- penses that are allocated under this section group that raises or spends $1,000 or more in ceptable, so we must act in the Con- must come only from individuals and may a year in contributions or expenditures to in- not exceed $25,000 per donor per year. ($25,000 gress. fluence federal elections. The ‘‘major pur- per year is the same contribution limit that This bill will require all 527s to reg- pose’’ test has not previously been codified. ister as political committees unless This section also provides that 527 organi- applies to contributions by individuals to na- they fall into a number of narrow ex- zations have the ‘‘major purpose’’ of nomi- tional party committees.) Individuals can ceptions. The exceptions are basically nating or electing candidates, and thus sat- contribute $5,000 per donor per year to the isfy that portion of the test for political Federal account of political committees. for groups that Congress exempted Section 5. Construction. This section pro- from disclosure requirements because committee status, unless they meet one of the following exceptions: vides that the 527 Reform Act shall not be they are so small or for groups that are (1) has annual receipts of less than $25,000; construed as approving, ratifying, or endors- involved exclusively in State election (2) is the campaign committee of a non- ing any regulation issued by the FEC. It activity. Federal candidate; therefore will have no effect on pending liti- Once a group registers as a political (3) is a state or local party committee; gation concerning regulations issued by the committee, certain activities such as (4) is devoted exclusively to election ac- FEC to implement the Bipartisan Campaign ads that mention only Federal can- tivities relating to an election where no can- Reform Act of 2002. The Act also shall not be construed to establish, modify, or otherwise didates will have to be paid for solely didate for federal office appears on the ballot; affect the definition of political organization with hard money. But the FEC permits (5) raises and spends money exclusively for for purposes of the Internal Revenue Code. Federal political committees to main- the selection, nomination, election or ap- Section 6. Effective Date. The amendments tain a non-Federal account to pay a pointment of non-Federal candidates; made by the 527 Reform Act shall take effect

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.041 S22PT1 S9530 CONGRESSIONAL RECORD — SENATE September 22, 2004 on January 1, 2005. They will have no effect away their right to put their message By addressing the comprehensive on the 2004 elections. on the air. All this reform would re- needs of homeless individuals, the Sa- Mr. LIEBERMAN. Mr. President, I quire from 527s is to follow the same maritan Initiative will help reduce in- rise today as a cosponsor of the legisla- rules as other political advocacy cidents of chronic homelessness. Ac- tive efforts of my friends and col- groups when it comes to raising and cording to the Interagency Council on leagues Senators MCCAIN and FEINGOLD spending money on federal elections. Homelessness, this 10 percent of the to close the ‘‘527’’ loophole that threat- The money must come from individ- homeless population consumes more ens the health of our Federal elections uals in amounts no larger than $5,000, than half of the resources. The Samari- by allowing unlimited amounts of soft with no contributions from corpora- tan Initiative will help provide the money to dictate the terms of debate tions or unions allowed. flexible resources necessary to move in defiance of the letter and spirit of If the 527 groups’ support is as wide- chronically homeless individuals into the McCain-Feingold Bipartisan Cam- spread as they claim, they will have no stable, permanent, supportive housing, paign Reform Act. problem getting their message out. which will in turn free up other re- These 527 groups have become noth- We started the job in 2000. We knew sources. ing more than multi-million dollar it was not enough. Now it’s time to fin- For many years now I have been a megaphones advocating the special in- ish the job and get unlimited soft strong advocate for the Government terests of wealthy individuals and money out of the system. Performance and Results Act, which groups. And it will only get worse in The voices of millions of average requires a focus on outcomes through years to come. Americans should not be reduced to a clear, measurable goals. I am pleased 527 groups have been growing since whisper because they can’t afford the to say that the Samaritan Initiative the mid-1990s thanks to loopholes re- price of the pulpit. embodies this outcome-based focus and And the voices of a few should not sulting in part from puzzling decisions requires visible, measurable, quantifi- shout like thunder because they have by the Internal Revenue Service and able performance outcomes in reducing the money to command the air waves. the Federal Election Commission. and ending homelessness. A focus on The 527 groups would get tax-exempt outcomes, rather than case manage- status from the IRS by claiming they By Mr. ALLARD (for himself and ment or process, also allows for new, existed to influence elections. But then Mrs. DOLE): innovative solutions to chronic home- they would avoid election disclosure S. 2829. A bill to establish a grant lessness. This will ensure that taxpayer laws by denying to the Federal Elec- program administered under an agree- tion Commission they were trying to ment among the Secretaries of Housing dollars are spent in a responsible, effec- influence elections because they did and Urban Development, Health and tive manner. I am proud to say that the Samaritan not use the magic words like ‘‘vote Human Services, and Veterans Affairs, Initiative is supported by The U.S. for’’ or ‘‘vote against.’’ in consultation with the U.S. Inter- The result was a tax exemption for agency Council on Homelessness, to ad- Conference of Mayors, The National groups influencing Federal campaigns, dress the goal of ending chronic home- Association of Counties, The National but a lack of disclosure so voters did lessness through coordinated provision League of Cities, The Enterprise Foun- not know who the groups were, who of housing, health care, mental health dation, The National Alliance for the they gave their money to and where and substance abuse treatment, and Mentally Ill, the National AIDS Hous- they got their money from. supportive and other services, including Coalition, The National Alliance to Congress partially closed this loop- ing assistance in accessing non-home- End Homelessness, The Corporation for hole in June 2000, by passing the first less specific benefits and services, and Supportive Housing, the Association significant campaign finance reform for other purposes; to the Committee for Service Disabled Veterans, the Na- measure in a quarter century. This leg- on Banking, Housing, and Urban Af- tional Coalition for Homeless Veterans, islation was passed out of the Govern- fairs. and many other groups. I look forward ment Affairs Committee, of which I Mr. ALLARD. Mr. President, I rise to working with them, along with my was chairman at the time, and signed today to introduce the Samaritan Ini- colleagues in the Senate, to end chron- into law later that year by President tiative Act of 2004, and I am pleased to ic homelessness in America. Clinton. have Senator DOLE join me in this ef- I ask unanimous consent that the The new law required 527 groups to fort. The Samaritan Initiative would text of the bill be printed in the give notice of their intent to claim tax- mark the beginning of a new, collabo- RECORD. exempt status; to disclose information rative approach in the Federal effort to There being no objection, the bill was about their large contributors and ex- end chronic homelessness. ordered to be printed in the RECORD, as penditures; and to file annual informa- The Initiative would create a follows: tional returns along the lines of those groundbreaking joint effort between S. 2829 filed by virtually all other tax-exempt the Department of Housing and Urban Be it enacted by the Senate and House of Rep- organizations. Development, the Department of resentatives of the United States of America in But this only partially closed this Health and Human Resources, and the Congress assembled, loophole. Despite the McCain-Feingold Department of Veterans Affairs. Each SECTION 1. SHORT TITLE. campaign finance reforms, 527s can department would contribute money to This Act may be cited as the ‘‘Samaritan still raise unlimited amounts of cash a joint fund and would coordinate in Initiative Act of 2004’’. from just a few wealthy individuals or the effort to end chronic homelessness. SEC. 2. SAMARITAN INITIATIVE. groups whose interests and motiva- This coordinated approach will stream- Title IV of the McKinney-Vento Homeless line the grants application process and Assistance Act (42 U.S.C. 11136 et seq.) is tions are likely unknown to the Amer- amended by adding at the end the following: ican public. The Federal Election Com- will ensure consistent standards. It ‘‘Subtitle H—Samaritan Initiative mission could have closed this loophole will also ensure that each department continues to provide its own particular ‘‘SEC. 495. PURPOSE. but has failed to act despite massive ‘‘The purpose of this subtitle is to author- evidence that 527s are skirting Federal expertise. I am hopeful that other Fed- ize competitive grants for coordinated com- election law. eral agencies will join in the effort as prehensive housing, treatment, and support This is both an end-run around our well. services to chronically homeless persons— campaign finance laws as well as a di- Homeless individuals often have ‘‘(1) to reduce the prevalence of chronic rect assault on our democracy. Elec- needs far beyond simple shelter; they homelessness; tions should be determined by millions may need assistance with healthcare, ‘‘(2) to support promising strategies to of individual voters who cast their bal- substance abuse, mental illness, job move chronically homeless persons in urban lots uninfluenced by the millions of training, or other basics of life. Pro- and rural communities from the streets to viding shelter without any supportive safe, permanent housing; dollars of advertising paid for a by a ‘‘(3) to provide for integrated systems of few individuals or groups with special services may fail to address some of services to improve the effectiveness of pro- interests. the underlying problems that can cause grams serving chronically homeless persons; Reform of the 527 loophole does not an individual to become, and remain, ‘‘(4) to promote self-sufficiency and recov- mean silencing these groups or taking homeless. ery among chronically homeless persons; and

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.060 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9531

‘‘(5) to encourage programs serving chron- Columbia, the Commonwealth of Puerto ‘‘(2) PERFORMANCE ASSESSMENT.— ically homeless persons to promote access to Rico, the Virgin Islands, Guam, American ‘‘(A) IN GENERAL.—The interagency imple- Federal, State, and local non-homeless spe- Samoa, the Northern Mariana Islands, or mentation and monitoring team shall estab- cific programs of assistance for which such any agency or instrumentality thereof that lish such performance standards, perform- persons are eligible. is established pursuant to legislation and ance measures, and annual reporting require- ‘‘SEC. 495A. DEFINITIONS. designated by the chief executive officer to ments, and make such performance reviews ‘‘For purposes of this subtitle, the fol- act on behalf of the State with regard to pro- and audits as may be necessary or appro- lowing definitions shall apply: visions of this subtitle. priate— ‘‘(1) CHRONICALLY HOMELESS PERSON.—The ‘‘(12) UNIT OF GENERAL LOCAL GOVERN- ‘‘(i) to determine whether a grantee has term ‘chronically homeless person’ means an MENT.—The term ‘unit of general local gov- carried out its activities in a timely manner unaccompanied individual with a disabling ernment’ means— and in accordance with the applicable re- condition who— ‘‘(A) a city, town, township, county, par- quirements of this subtitle; ‘‘(A) has been sleeping in 1 or more places ish, village, or other general purpose polit- ‘‘(ii) to assess the effectiveness of a grantee not meant for human habitation, or in 1 or ical subdivision of a State; and in accomplishing the objectives of this sub- more emergency homeless shelters, for ‘‘(B) any agency or instrumentality thereof title; and that is established pursuant to legislation longer than 1 year; or ‘‘(iii) for other purposes as the interagency and designated by the chief executive officer ‘‘(B) has had 4 or more periods of homeless- implementation and monitoring team deter- to act on behalf of the jurisdiction with re- ness that, in total, have lasted more than 3 mines significant with respect to the per- gard to provisions of this subtitle. years. formance assessment of a grantee. ‘‘SEC. 495B. GRANT AUTHORITY AND ADMINIS- ‘‘(2) DISABLING CONDITION.—The term ‘dis- ‘‘(B) PROVISION OF SUPPORT AND STAFF.— TRATION. abling condition’ means a diagnosable sub- The Secretary of Veterans Affairs may pro- ‘‘(a) IN GENERAL.—The participating Fed- stance use disorder, serious mental illness, eral agencies shall enter into a cooperative vide program monitoring and evaluation developmental disability, or chronic physical agreement to make and administer competi- services and staff to participating Federal illness or disability, including the co-occur- tive grants to eligible entities, including agencies. In such cases, participating Fed- rence of 2 or more of such conditions, that faith-based and community-based organiza- eral agencies may reimburse the Department limits the ability of an individual to work or tions, in accordance with the provisions of of Veterans Affairs for the cost of such staff perform one or more activities of daily liv- this subtitle for the purpose of providing and services. ing. treatment and support services that are co- ‘‘(f) PROVISIONS AND REQUIREMENTS APPLI- ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible ordinated with the provision of housing for CABLE TO GRANTS UNDER THIS SUBTITLE.— entity’ means a State, unit of general local chronically homeless persons. ‘‘(1) IN GENERAL.—A grantee under this government, public housing agency, local ‘‘(b) DELEGATIONS.—No provision of this subtitle shall establish and operate a system workforce investment board, or private non- subtitle shall limit the ability of the partici- of assistance to chronically homeless persons profit organization, including a faith-based pating Federal agencies to delegate, assign, or community-based organization. or share administrative responsibilities as that identifies such persons and provides ‘‘(4) ELIGIBLE VETERAN.—The term ‘eligible the participating Federal agencies may de- them access to affordable permanent housing veteran’ means a person who served in the termine to be necessary or appropriate. that is coordinated with appropriate treat- active United States military, naval, or air ‘‘(c) COORDINATION AMONG PARTICIPATING ment and support. service, and who was discharged or released FEDERAL AGENCIES.—The Secretary of Hous- ‘‘(2) REQUIRED GRANTEE ACTIVITIES.—A under conditions other than dishonorable. ing and Urban Development shall coordinate grantee under this subtitle shall carry out, ‘‘(5) HOMELESS MANAGEMENT INFORMATION with the participating Federal agencies to directly or through arrangements with a net- SYSTEM.—The term ‘homeless management implement and administer the grant pro- work of other entities, activities relating to information system’ shall means a comput- gram established under this subtitle. the housing, treatment, and support of erized data collection application main- ‘‘(d) INTERAGENCY IMPLEMENTATION AND homeless persons, which may include the fol- tained by an eligible entity, that— MONITORING TEAM.—The participating Fed- lowing: ‘‘(A) enumerates the homeless population eral agencies shall establish an interagency ‘‘(A) HOUSING ACTIVITIES.—Eligible activi- within the jurisdiction of the eligible entity implementation and monitoring team to re- ties specified in section 495C(a) that ensure view and conduct oversight of the award of and the number of homeless individuals that the placement of chronically homeless per- grants, and the use of grant funds awarded received services from the eligible entity; sons in safe, affordable, permanent housing. under this subtitle. Each participating Fed- and ‘‘(B) TREATMENT AND SUPPORT ACTIVITIES.— eral agency shall appoint appropriate des- ‘‘(B) compiles information on the charac- Eligible activities specified in section ignees to serve on the interagency imple- teristics and service needs of homeless indi- 495D(a) to address the multiple physical mentation and monitoring team. health, mental health, and substance abuse viduals. ‘‘(e) COORDINATION REQUIREMENTS.— treatment needs of chronically homeless per- ‘‘(6) HOMELESSNESS.—The term ‘homeless- ‘‘(1) IN GENERAL.—In carrying out this sub- sons who are eligible for or residents in hous- ness’ means sleeping in a place not meant for title, the interagency implementation and human habitation or in an emergency home- monitoring team shall, as appropriate and to ing under section 495C(a). less shelter. the extent feasible, establish uniform or co- ‘‘(C) SERVICE COORDINATION.—Activities, in- ‘‘(7) INTERAGENCY IMPLEMENTATION AND ordinated requirements, standards, proce- cluding those coordinated with local plan- MONITORING TEAM.—The term ‘interagency dures, and timetables with respect to— ning bodies, that promote the access of eligi- implementation and monitoring team’ ‘‘(A) application procedures and grant re- ble chronically homeless persons to a range means the interagency implementation and quirements, including those providing for— of services that contribute to self-suffi- monitoring team established under section ‘‘(i) a single consolidated application form; ciency, recovery, employment, stability in 495B(d). and housing, and access to health care. ‘‘(8) PARTICIPATING FEDERAL AGENCY.—The ‘‘(ii) a single timetable, location, and pro- ‘‘(D) ADMINISTRATION.—Administrative and term ‘participating Federal agency’ means cedure for filing of a consolidated applica- planning activities, including the develop- the Departments of Housing and Urban De- tion; ment and implementation of comprehensive velopment, Health and Human Services, and ‘‘(B) criteria for the award of grants; plans for housing and services at the grantee Veterans Affairs, or any other Federal agen- ‘‘(C) a coordinated process for review and level with costs not to exceed 6 percent of cy that may receive appropriations for pur- the approval or denial of the consolidated total costs of carrying out the program poses of participating under the provisions of application; under this subtitle. this subtitle. ‘‘(D) the establishment of performance ‘‘(E) OTHER SERVICES.—Such services and ‘‘(9) PRIVATE NONPROFIT ORGANIZATION.— standards and measures of performance out- activities as the participating Federal agen- The term ‘private nonprofit organization’ comes, including— cies may find necessary and appropriate. means a private organization— ‘‘(i) the requirement that the Secretary of ‘‘(3) CRITERIA FOR GRANT AWARD.—In award- ‘‘(A) no part of the net earnings of which Housing and Urban Development attempt to ing grants under this subtitle, the partici- inures to the benefit of any member, found- quantify the reduction in chronic homeless- pating Federal agencies shall consider— er, contributor, or individual; ness; and ‘‘(A) the extent to which the applicant ‘‘(B) that has a voluntary board; and ‘‘(ii) the requirement that, where applica- demonstrates an understanding of the unique ‘‘(C) that has an accounting system or a ble, the grantees utilize a homeless manage- characteristics of chronically homeless per- designated fiscal agent in accordance with ment information system; sons; requirements established by the partici- ‘‘(E) oversight, including monitoring, au- ‘‘(B) the adequacy of the approach of the pating Federal agencies. dits, and evaluations of grantees, and re- applicant in addressing the needs of the ‘‘(10) PUBLIC HOUSING AGENCY.—The term quirements for annual reports by grantees; chronically homeless; ‘public housing agency’ has the same mean- and ‘‘(C) the capacity of the applicant to carry ing as in section 3(b)(6) of the United States ‘‘(F) such other factors that the inter- out and sustain required activities; Housing Act of 1937 (42 U.S.C. 1437a(b)(6)). agency implementation and monitoring ‘‘(D) where services are to be provided ‘‘(11) STATE.—The term ‘State’ means any team determines are necessary or appro- through a network of entities, the adequacy State of the United States, the District of priate. of the qualifications of such entities, and the

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.045 S22PT1 S9532 CONGRESSIONAL RECORD — SENATE September 22, 2004 stated willingness of such entities, to col- Housing and Urban Development may re- scribe such terms and conditions as the Sec- laborate and participate in carrying out pro- ceive such funds. retary considers necessary to prevent grant- posed activities; ‘‘(2) RULE OF CONSTRUCTION.—Notwith- ees from unduly benefiting from the sale or ‘‘(E) the extent to which the applicant has standing subsection (g), in the event that other disposition of projects, other than a been involved in Federal, State, or local non- funds are not appropriated for use in accord- sale or other disposition resulting in the use homeless specific programs of assistance ance with this subtitle to one or more par- of a project for the direct benefit of chron- that could provide additional assistance to ticipating Federal agencies in any fiscal ically homeless persons. eligible chronically homeless persons; year, paragraph (1) shall not be construed to ‘‘(2) HOMELESS MANAGEMENT INFORMATION ‘‘(F) the commitment and the dem- require a participating Federal agency that SYSTEM.—Each grantee shall be required to onstrated ability of the applicant to achieve has been provided with budget authority pur- provide such information to the appropriate the reduction in the number of chronically suant to subsection (g) in a fiscal year to use administrator of the local homeless manage- homeless persons; and such budget authority to fund grants for ac- ment information system, as is necessary for ‘‘(G) such additional factors as the partici- tivities that are not in accordance with the the implementation and operation of home- pating Federal agencies may determine sig- primary mission of such participating Fed- less management information systems. nificant or necessary with respect to the po- eral agency. ‘‘SEC. 495D. TREATMENT AND SUPPORT SERV- tential success of the applicant in carrying ‘‘(i) TECHNICAL ASSISTANCE AND SUPPORT.— ICES. out the purposes of this subtitle. In addition to funds otherwise provided for ‘‘Subject to section 495B, a grant under ‘‘(4) INITIAL TERM OF GRANT.—Notwith- agency administrative costs, not more than 2 this subtitle shall be used to provide treat- standing any other provision of law, each percent of amounts appropriated for the ac- ment and support services, which may in- grant awarded under this section shall be for tivities under this subtitle may be used by clude the following: an initial term of 3 years. the participating Federal agencies for ad- ‘‘(1) PRIMARY HEALTH SERVICES.—Primary ‘‘(5) GRANT RENEWAL.—Upon the expiration ministrative costs, including costs associ- health services, including the following: of a grant under this section, the partici- ated with— ‘‘(A) PHYSICIAN AND OTHER SERVICES.— pating Federal agencies may award, on a ‘‘(1) providing technical assistance to ap- Health services related to family medicine, competitive basis, a renewal grant under this plicants and grantees; and internal medicine, pediatrics, obstetrics, or subtitle for an additional 3-year term, sub- ‘‘(2) providing support and assistance in se- gynecology that are furnished by physicians ject to the continued qualification of the lecting and assessing projects to carry out and where appropriate, physicians’ assist- grantee for the grant as determined by the this subtitle, including any preparation nec- ants, nurse practitioners, or nurse midwives. participating Federal agencies. The amount essary for such selection and assessment. ‘‘(B) DIAGNOSTIC SERVICES.—Diagnostic lab- of a renewal grant under this paragraph may ‘‘SEC. 495C. HOUSING ACTIVITIES. oratory and radiological services. be up to 50 percent of the cost of the activi- ‘‘(a) ELIGIBLE HOUSING ACTIVITIES.—Sub- ‘‘(C) PREVENTIVE SERVICES.—Preventive ties to be carried out by the grantee. ject to section 495B, a grant under this sub- health services. ‘‘(6) FEDERAL MATCHING.— title shall be used for activities in support of ‘‘(D) EMERGENCY SERVICES.—Emergency ‘‘(A) IN GENERAL.—A grant under this sub- permanent housing for chronically homeless medical services. title shall be available to pay the Federal persons, including the following: ‘‘(E) ACCESS TO PHARMACEUTICAL SERV- share of the costs incurred by the grantee for ‘‘(1) PROVISION OF HOUSING.— ICES.—Access to pharmaceutical services. activities under this subtitle. ‘‘(A) ACQUISITION.—The acquisition of occu- ‘‘(2) ALCOHOL AND DRUG ABUSE SERVICES.— ‘‘(B) FEDERAL SHARE.—For purposes of sub- pancy-ready real property. Services or activities designed to prevent, paragraph (A), the Federal share shall be— ‘‘(B) REHABILITATION.—The minor rehabili- deter, reduce, or eliminate substance abuse ‘‘(i) 75 percent of the cost of the program tation of real property for housing. or addictive behaviors, including a com- for the first year of the grant; ‘‘(C) OPERATING COSTS.—The costs of oper- prehensive range of personal and family ‘‘(ii) 75 percent for the second year of the ating a housing project, including salaries counseling methods, early interventions, grant; and and benefits, maintenance, insurance, utili- methadone treatment for opiate abusers, or ‘‘(iii) 50 percent for each succeeding year, ties, replacement reserve accounts, and fur- detoxification for alcohol and other drug including each year of a renewal grant term nishings. abusers, and treatment services such as in- under paragraph (5). ‘‘(D) LEASING.—Leasing of an existing take and assessment, behavioral therapy and ‘‘(C) NON-FEDERAL SHARE.—The non-Fed- structure or structures, or portions thereof counseling, clinical and case management, eral share of costs incurred by the grantee to provide housing. pharmacotherapies, and self-help and peer may be in cash or in-kind, as appropriate. ‘‘(E) HOUSING COUNSELING.—The costs of support activities. ‘‘(7) GEOGRAPHIC DISTRIBUTION.—The par- counseling and advice services with respect ‘‘(3) MENTAL HEALTH AND COUNSELING SERV- ticipating Federal agencies shall ensure that to property maintenance, financial manage- ICES.—Mental health and counseling serv- consideration is given to geographic dis- ment, and other such matters as may be ap- ices, including services and activities that tribution (such as urban and rural areas) in propriate to assist chronically homeless per- apply therapeutic processes to personal, fam- the awarding of grants under subsection (a). sons in obtaining housing. ily, or situational problems in order to bring ‘‘(8) DISCLOSURE.—Section 12(a) of the De- ‘‘(2) RENTAL ASSISTANCE.—Project-based or about a positive resolution of the problem or partment of Housing and Urban Development tenant-based rental assistance for chron- improved individual functioning or cir- Act (42 U.S.C. 3537a(a)) shall not apply to ically homeless persons, which assistance cumstances, including crisis interventions, this subtitle. shall be provided to the extent practicable, individual supportive therapy, and prescrip- ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— and administered in the manner provided tion of psychotropic medications or expla- ‘‘(1) FISCAL YEAR 2005.—There are author- under the rules and regulations governing nations about the use and management of ized to be appropriated to carry out this sub- the provision of assistance under section 8 of medications. title $70,000,000 for fiscal year 2005, of the United States Housing Act of 1937 (42 ‘‘(4) OUTREACH AND ENGAGEMENT.—Out- which— U.S.C. 1437f). reach services including extending services ‘‘(A) $50,000,000 is authorized to be appro- ‘‘(3) OTHER ACTIVITIES.—Such other activi- or help to homeless persons to develop a re- priated to the Department of Housing and ties as the Secretary of Housing and Urban lationship of trust and engage such persons Urban Development; Development determines to be appropriate. into appropriate service programs. ‘‘(B) $10,000,000 is authorized to be appro- ‘‘(b) PROGRAM REQUIREMENTS FOR HOUSING ‘‘(5) INFORMATION AND REFERRAL.—Services priated to the Department of Health and ACTIVITIES.— or activities designed to provide information Human Services; and ‘‘(1) REQUIREMENTS CONCERNING REAL PROP- about services and assistance provided ‘‘(C) Not more than $10,000,000 is authorized ERTY.— through public and private programs, includ- from the amounts to be appropriated to the ‘‘(A) USE RESTRICTION.—Each grantee ing Federal, State and local non-homeless Department of Veterans Affairs for treat- under this subtitle shall ensure that perma- targeted programs that provide or finan- ment of homeless veterans under medical nent housing for chronically homeless per- cially support the provision of medical, so- care to carry out section 495D. sons that are acquired or rehabilitated with cial, educational, or other related services, ‘‘(2) FISCAL YEARS 2006, 2007, AND 2008.—There grant amounts under this subtitle is used for and a brief assessment of client needs to fa- are authorized to be appropriated to carry such persons for not less than 10 years. cilitate appropriate referrals. out this subtitle such sums as may be nec- ‘‘(B) HOUSING QUALITY.—Each grantee ‘‘(6) CASE MANAGEMENT.—Case management essary for each of fiscal years 2006, 2007, and under this subtitle shall ensure that housing services and activities, including the ar- 2008. assisted with grant amounts provided under rangement, coordination, monitoring, and ‘‘(h) AUTHORITY TO CONSOLIDATE FUNDS.— this subtitle is decent, safe, and sanitary, delivery of services to meet the needs of in- ‘‘(1) IN GENERAL.—For purposes of carrying and complies with all applicable State and dividuals who are homeless, including indi- out this subtitle, and in accordance with the local housing codes, building codes, and li- vidual service plan development, counseling, agreement under subsection (a), the partici- censing requirements in the jurisdiction in monitoring, securing and coordinating serv- pating Federal agencies are authorized to which the housing is located. ices. transfer to the Secretary of Housing and ‘‘(C) PREVENTION OF UNDUE BENEFIT.—Sub- ‘‘(7) OTHER SERVICES.—Such other services Urban Development funds appropriated for ject to section 495B(e), the Secretary of as the Secretary of Health and Human Serv- use under this subtitle, and the Secretary of Housing and Urban Development may pre- ices determines appropriate.

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.045 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9533 ‘‘SEC. 495E. VETERANS’ BENEFITS. the profit and loss pressures affecting SEC. 3. EXTENSION TO ALL GOVERNMENTAL ‘‘Subject to section 495B, the Secretary of the private sector. Governments offer PLANS OF CURRENT MORATORIUM ON APPLICATION OF CERTAIN NON- Veterans Affairs is authorized to provide eli- redress for grievances under their own gible veterans with case management serv- DISCRIMINATION RULES APPLICA- ices. judicial systems. Elected officials who BLE TO STATE AND LOCAL PLANS. ‘‘SEC. 495F. AUTHORITY OF OTHER FEDERAL are responsible for government benefit (a) IN GENERAL.— AGENCIES TO PARTICIPATE UNDER programs are directly accountable to (1) Subparagraph (G) of section 401(a)(5) THIS SUBTITLE. their constituents via the ballot box. and subparagraph (H) of section 401(a)(26) of ‘‘Federal agencies other than the partici- Governments often offer more generous the Internal Revenue Code of 1986 are each pating Federal agencies may participate in benefit plans for key officers, such as amended by striking ‘‘section 414(d))’’ and all the grant program established under this judges, legislators, and key executive that follows and inserting ‘‘section 414(d)).’’. subtitle to the extent that funds are appro- (2) Subparagraph (G) of section 401(k)(3) of priated for such purpose to each agency.’’. personnel as a means to gain the valu- such Code and paragraph (2) of section 1505(d) able services of these skilled individ- of the Taxpayer Relief Act of 1997 are each By Mr. SMITH (for himself, Mr. uals. They also offer special pensions amended by striking ‘‘maintained by a State BINGAMAN, Mr. CONRAD, Mr. for public safety officers who can retire or local government or political subdivision DASCHLE, Mr. HATCH, and Mr. at a relatively young age and short pe- thereof (or agency or instrumentality there- THOMAS): riod of service. This flexibility is im- of)’’. S. 2831. A bill to amend the Internal possible without the special relief pro- (b) CONFORMING AMENDMENTS.— Revenue Code of 1986 and the Employee vided governmental plans. (1) The heading for section 401(a)(5)(G) of Retirement Income Security Act of Indian tribal governments meet all such Code is amended to read as follows: 1974 to clarify that federally recognized the special protections, conditions, and ‘‘(G) GOVERNMENTAL PLANS.—’’. (2) The heading for section 401(a)(26)(H) of Indian tribal governments are to be needs I have described. This legislation such Code is amended to read as follows: regulated under the same government clarifies once and for all that they ‘‘(H) EXCEPTION FOR GOVERNMENTAL employer rules and procedures that should be afforded the same treatment PLANS.—’’. apply to Federal, State, and other local as their state and local government (3) Section 401(k)(3)(G) of such Code is government employers with regard to counterparts. amended by inserting ‘‘GOVERNMENTAL the establishment and maintenance of Passage of this legislation is an im- PLAN.—’’ after ‘‘(G)’’. employee benefit plans; to the Com- portant step in the fight to protect the SEC. 4. CLARIFICATION THAT TRIBAL GOVERN- mittee on Finance. sovereignty of Indian country and to MENTS ARE SUBJECT TO THE SAME Mr. SMITH. Mr. President, I rise foster the ability of tribal governments DEFINED BENEFIT PLAN RULES AND REGULATIONS APPLIED TO STATE today to speak about the need to clar- to provide retirement security to their AND OTHER LOCAL GOVERNMENTS, ify the legal status of employee benefit employees and nation. I look forward THEIR POLICE AND FIREFIGHTERS. plans offered by Indian tribal govern- to President Bush signing this legisla- (a) AMENDMENTS TO INTERNAL REVENUE ments. tion into law. I ask unanimous consent CODE OF 1986.— In the past, the pension and welfare that the text of the legislation be (1) POLICE AND FIREFIGHTERS.—Subpara- benefit plans of Indian tribal govern- printed in the RECORD. graph (H) section 415(b)(2) of the Internal ments enjoyed the same status as There being no objection, the bill was Revenue Code of 1986 (defining participant) is amended— granted to state and local govern- ordered to be printed ion the RECORD, ments. However, in recent years, a (A) in clause (i) by inserting ‘‘, Indian trib- as follows: al government (as defined in section legal cloud has developed over the sta- S. 2831 7701(a)(40)),’’ after ‘‘State’’, and tus of these plans. Confusion has arisen Be it enacted by the Senate and House of Rep- (B) in clause (ii)(I) by inserting ‘‘, Indian regarding whether or not the existing resentatives of the United States of America in tribal government,’’ after ‘‘State’’ both definition of a governmental plan in- Congress assembled, places it appears. cludes plans sponsored by Indian tribal SECTION 1. SHORT TITLE. (2) STATE AND LOCAL GOVERNMENT PLANS.— governments. In part, this has been a This Act may be cited as the ‘‘Govern- (A) IN GENERAL.—Subparagraph (A) of sec- result of the Internal Revenue Serv- mental Pension Plan Equalization Act of tion 415(b)(10) of such Code (relating to limi- ice’s lack of guidance to tribal govern- 2004’’. tation to equal accrued benefit) is amended by inserting ‘‘, Indian tribal government (as ments on this issue; the inconsistent SEC. 2. CLARIFICATION OF ‘‘GOVERNMENTAL PLAN’’ DEFINITIONS. defined in section 7701(a)(40)),’’ after practice of granting governmental plan ‘‘State’’. status to plans sponsored by Indian (a) AMENDMENT TO INTERNAL REVENUE CODE OF 1986.—Section 414(d) of the Internal Rev- (B) CONFORMING AMENDMENT.—The heading tribal governments; and finally a Janu- enue Code of 1986 (definition of governmental for section 415(b)(10) of such Code is amended ary ‘‘no ruling’’ position by the Inter- plan) is amended by adding at the end there- to read as follows: nal Revenue Service that places many of the following new sentence: ‘‘The term ‘‘(10) SPECIAL RULE FOR STATE, INDIAN TRIB- plans in the status of operating with- ‘governmental plan’ also includes a plan es- AL, AND LOCAL GOVERNMENT PLANS.—’’. out a current determination letter rec- tablished or maintained for its employees by (3) GOVERNMENT PICK UP CONTRIBUTIONS.— Paragraph (2) of section 414(h) of such Code ognizing the legality of their plan. As a an Indian tribal government (as defined in section 7701(a)(40)), a subdivision of an Indian (relating to designation by units of govern- result, many tribal governments have ment) is amended by inserting ‘‘, Indian trib- limited their offering of such welfare tribal government (determined in accordance with section 7871(d)), an agency or instru- al government (as defined in section and retirement benefits to employees. mentality of an Indian tribal government or 7701(a)(40)),’’ after ‘‘State’’. Today, I am introducing legislation— a subdivision thereof, or an entity estab- (b) AMENDMENTS TO EMPLOYEE RETIREMENT the Government Pensions Equalization lished under tribal, Federal, or State law INCOME SECURITY ACT OF 1974.—Section Act—to remove this legal uncertainty which is wholly owned or controlled by any 4021(b)of the Employee Retirement Income by amending the definition of a govern- of the foregoing.’’. Security Act of 1974 (29 U.S.C. 1321(b)) is mental plan to explicitly include plans (b) AMENDMENT TO EMPLOYEE RETIREMENT amended— offered by Indian tribal governments. INCOME SECURITY ACT OF 1974.—Section (1) in paragraph (12), by striking ‘‘or’’ at Indian tribes, like all employers, re- 3(32)of the Employee Retirement Income Se- the end; curity Act of 1974 (29 U.S.C. 1002(32)) is (2) in paragraph (13), by striking ‘‘plan.’’ quire legal certainty regarding the sta- amended by adding at the end the following and inserting ‘‘plan; or’’; and tus of their employee benefit under the new sentence: ‘‘The term ‘governmental (3) by adding at the end the following new Internal Revenue Code and ERISA. plan’ also includes a plan established or paragraph: Moreover, Indian tribes should be af- maintained for its employees by an Indian ‘‘(14) established and maintained for its forded the same sovereignty status tribal government (as defined in section employees by an Indian tribal government given state and local governments. 7701(a)(40) of the Internal Revenue Code of (as defined in section 7701(a)(40) of the Inter- Governmental plans are relieved 1986), a subdivision of an Indian tribal gov- nal Revenue Code of 1986), a subdivision of an from many of the requirements government (determined in accordance with sec- Indian tribal government (determined in ac- erning the operation of tax qualified tion 7871(d) of such Code), an agency or in- cordance with section 7871(d) of such Code), strumentality of an Indian tribal govern- an agency or instrumentality of an Indian pension and welfare benefit plans. ment or subdivision thereof, or an entity es- tribal government or subdivision thereof, or There are several reasons for this re- tablished under tribal, Federal, or State law an entity established under tribal, Federal, lief. Governments exist for the benefit which is wholly owned or controlled by any or State law which is wholly owned or con- of their citizens and are not subject to of the foregoing.’’. trolled by any of the foregoing.’’.

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.045 S22PT1 S9534 CONGRESSIONAL RECORD — SENATE September 22, 2004 SEC. 5. EFFECTIVE DATE. Whereas the President has not complied erate the date by which the Fund The amendments made by this Act shall with the request of the Senators and instead would become insolvent. That is why apply to years beginning before, on, or after has reiterated his intention to move toward privatization almost inevitably leads the date of the enactment of this Act. the privatization of Social Security; and to deep cuts in benefits. Whereas the deep cuts in Social Security f benefits proposed by the Bush Social Secu- It is critical that this issue be fully discussed now—before the election. So SUBMITTED RESOLUTIONS rity Commission could jeopardize the financial security of millions of Americans: Now, I will be looking for an opportunity to therefore, be it bring this resolution before the Senate SENATE RESOLUTION 432—EX- Resolved, That it is the sense of the Senate before the end of the year. I hope we that Congress should reject Social Security can kill this radical idea before it has PRESSING THE SENSE OF THE privatization proposals, including those that SENATE THAT CONGRESS a chance to get off the ground. require deep cuts in Social Security benefits, We must never accept any plan that SHOULD REJECT SOCIAL SECU- such as the proposals of President Bush’s So- takes the security out of Social Secu- RITY PRIVATIZATION PRO- cial Security Commission. rity. POSALS, INCLUDING THOSE Mr. CORZINE. Mr. President, today, f THAT REQUIRE DEEP CUTS IN along with Senator DASCHLE, Senator SOCIAL SECURITY BENEFITS, BAUCUS and Senator DURBIN, I am sub- NOTICES OF HEARINGS/MEETINGS SUCH AS THE PROPOSALS OF mitting a resolution that calls on the SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS PRESIDENT BUSH’S SOCIAL SE- Congress to reject Social Security pri- Mr. CRAIG. Mr. President, I would CURITY COMMISSION vatization plans, including those that like to announce for the information of Mr. CORZINE (for himself, Mr. BAU- require deep cuts in guaranteed bene- the Senate and the public that a hear- CUS, Mr. DURBIN, and Mr. DASCHLE) fits, such as the proposals by President ing has been scheduled before the Sub- submitted the following resolution; Bush’s Social Security Commission. committee on Public Lands and For- which was referred to the Committee For nearly 70 years, Social Security ests of the Committee on Energy and on Finance: has reflected the best of America’s val- Natural Resources. S. RES. 432 ues. Social Security promises Ameri- The hearing will be held Wednesday, Whereas Social Security is based on a cans that if you work hard, pay your September 29, at 2:30 p.m., in room SD– promise to the American people: if you work taxes, and play by the rules, you will 366 of the Dirksen Senate Office Build- hard and contribute to Social Security, you be able to retire and live in dignity. ing. will be able to retire and live in dignity; Social Security benefits are far from The purpose of the hearing is to re- Whereas Social Security is the primary lavish. The average retiree receives ceive testimony on the following bills: source of income for two-thirds of American only about $900 a month. That doesn’t S. 2378, to provide for the conveyance seniors; go far in many parts of the country— of certain public land in Clark County, Whereas Social Security benefits for re- certainly not in New Jersey. Unfortu- tired workers average only about $900 per NV, for use as a heliport; S. 2410, to month; nately, even the benefits promised promote wildland firefighter safety; Whereas $900 per month is insufficient to under current law are now at risk. H.R. 1651, to provide for the exchange maintain a decent standard of living in many President Bush says he wants to of land within the Sierra National For- parts of the United States, especially for sen- move toward privatization. But what est, CA, and for other purposes; H.R. iors with relatively high health care costs; he does not say is that shifting funds 2400, to amend the Organic Act of Whereas in 2001, President George W. Bush from the Social Security Trust Fund Guam for the purposes of clarifying the created the President’s Commission to into privatized accounts almost inevi- local judicial structure of Guam; H.R. Strengthen Social Security (referred to in tably leads to deep cuts in guaranteed this resolution as the ‘‘Bush Social Security 3874, to convey for public purposes cer- Commission’’), naming as Commission mem- benefits. tain Federal lands in Riverside County, bers only those who advocated Social Secu- To appreciate the depth of the cuts CA, that have been identified for dis- rity privatization, and mandating that the that flow from privatization, one need posal; H.R. 4170, to authorize the Sec- proposals put forward by the Commission in- only consider the privatization plans retary of the Interior to recruit volun- clude privatization of Social Security; developed by President Bush’s own So- teers to assist with, or facilitate, the Whereas the Bush Social Security Commis- cial Security Commission. That com- activities of various agencies and of- sion produced Social Security privatization mission included only proponents of fices of the Department of the Interior; proposals that required deep cuts in Social privatization selected by President Security benefits; and Senate Resolution 387, a resolution Whereas the Bush Social Security Commis- Bush, and it developed privatization commemorating the 40th Anniversary sion’s proposed changes could reduce Social plans that call for deep benefits cuts. of the Wilderness Act. Security benefits to future retirees by as According to the nonpartisan actuaries Because of the limited time available much as 46 percent; at the Social Security Administration, for the hearing, witnesses may testify Whereas under the Bush Social Security those cuts would exceed 25 percent for by invitation only. However, those Commission’s proposal, the cuts in Social some current workers. In the future, wishing to submit written testimony Security benefits would apply to all seniors, seniors could face a 45 percent cut in for the hearing record should send two not just those seniors who choose to partici- benefits. pate in privatized accounts; copies of their testimony to the Com- Whereas the cuts in Social Security bene- The President likes to argue that pri- mittee on Energy and Natural Re- fits could be even deeper if individuals do vatization is about choice. But there sources, U.S. Senate, Washington, D.C. shift funds to privatized accounts; would be no choice about these cuts— 20510–6150. Whereas privatization advocates attempt they would harm every senior. In fact, For further information, please con- to justify cuts in Social Security benefits by those who chose to participate in tact Dick Bouts at 202–224–7545, Frank pointing to future projected shortfalls in the privatized accounts would see their Gladics at 202–224–2878, or Amy Miller Social Security trust fund, but diversion of benefits cut even deeper. at 202–224–8276. payroll tax revenues from the trust fund into That is why, in response to the Bush privatized accounts would substantially ac- f Commission’s report, 50 members of celerate the date by which the Social Secu- AUTHORITY FOR COMMITTEES TO rity trust fund becomes insolvent; the Senate wrote to President Bush, Whereas in order to avoid accelerating the urging him to reject the Commission’s MEET insolvency of the Social Security trust fund, proposed cuts in benefits. Unfortu- COMMITTEE ON BANKING, HOUSING, AND URBAN the Bush Social Security Commission was nately, we have yet to receive a re- AFFAIRS forced to propose that the Federal Govern- sponse. Mr. ROBERTS. Mr. President, I ask ment incur as much as $4,700,000,000,000 in Privatization advocates try to justify unanimous consent that the Com- Federal debt (in today’s dollars) by 2041; cuts in Social Security by pointing to mittee on Banking, Housing, and Whereas in response to the Bush Social Se- curity Commission’s report, 50 members of future projected shortfalls in the Trust Urban Affairs be authorized to meet the Senate wrote to President Bush, urging Fund. But diverting payroll taxes from during the session of the Senate on him to reject the Commission’s proposed the Trust Fund only makes matters September 22, 2004, at 2 p.m., to con- cuts in Social Security benefits; worse, and would substantially accel- duct a hearing on ‘‘Examination and

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.047 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9535 Oversight of the Condition and Regula- sell Senate Office Building to conduct designees; that upon the use or yield- tion of the Insurance Industry.’’ a business meeting on pending Com- ing back of the time on that amend- The PRESIDING OFFICER. Without mittee matters, to be followed imme- ment without further intervening ac- objection, it is so ordered. diately by an oversight hearing on the tion or debate the Senate proceed to a COMMITTEE ON COMMERCE, SCIENCE, AND Contributions of Native American Code vote with respect to the amendment; TRANSPORTATION Talkers in American Military History. that upon disposition of the Reed-Sar- Mr. ROBERTS. Mr. President, I ask The PRESIDING OFFICER. Without banes amendment all time be yielded unanimous consent that the Com- objection, it is so ordered. back, the committee amendments be merce, Science, and Transportation COMMITTEE ON THE JUDICIARY agreed to, the bill, as amended, be read Committee be authorized to meet on Mr. ROBERTS. Mr. President, I ask a third time, and the Senate vote on Wednesday, September 22, 2004, at 9:30 unanimous consent that the Com- passage of the bill, with no intervening a.m., on pending committee business. mittee on the Judiciary be authorized action or debate. AGENDA to meet to conduct a hearing on The PRESIDING OFFICER. Is there Wednesday, September 22, 2004, at 9:30 objection? 1. S. 2541, NASA Authorization Act of a.m. on ‘‘A review of Counter-Ter- Mr. MCCONNELL. Reserving the 2004, Floyd DesChamps/Jean Toal rorism Legislation and Proposals, in- right to object, and I will have to ob- Eisen; cluding the USA Patriot Act and the ject because there is objection on our 2. S. 2393, A bill to improve transpor- SAFE Act’’ in the Dirksen Senate Of- side, we are prepared to pass the Rail tation security, Robert Chamberlin/ fice Building Room 226. Safety Act, S. 2273, without amend- Chris Bertram/Sam Whitehorn/Gael ment, but I am not at liberty to agree Sullivan; Witness List: to taking up the bill in the context 3. S. 1798, American Home Fire Safe- Panel I: The Honorable Larry Craig, that was suggested by my good friend ty Act, Ken Nahigian/David Strickland/ United States Senator, R–ID and The from Nevada. Therefore, I object. Cathy McCullough; Honorable Richard Durbin, United The PRESIDING OFFICER. The ob- 4. S. , Public Safety Spectrum Pro- States Senator, D–IL. jection is heard. posal, Bill Bailey/James Assey/Rachel Panel II: The Honorable James Mr. MCCONNELL. Mr. President, Welch; Comey, Deputy Attorney General, consistent with what I just said, I am 5. S. 1963, Wireless 411 Privacy Safety United States Department of Justice, going to propose a unanimous-consent Act, Bill Bailey/Paul Martino/James Washington, DC. agreement to which I am sure my good Assey/Rachel Welch; Panel III: The Honorable Bob Barr, friend will then object. I ask unani- 6. S. 1380, Rural Universal Service R–GA, former Member, United States mous consent that the Senate proceed Equity Act of 2003, Bill Bailey/James House of Representatives and Daniel to the immediate consideration of Cal- Assey/Rachel Welch; Collins, Esq., Munger, Tolles & Olson, endar No. 536, S. 2273, the rail safety 7. S. 2145, The Spy Block Act, Paul LLP, Los Angeles, CA. bill. Martino/James Assey/Rachel Welch; The PRESIDING OFFICER. Without The PRESIDING OFFICER. Is there 8. S. 2647, National Ocean Policy and objection, it is so ordered. objection? Leadership Act, Drew Minkiewicz/Mar- COMMITTEE ON THE JUDICIARY Mr. REID. Yes, I object. garet Spring; Mr. ROBERTS. Mr. President, I ask The PRESIDING OFFICER. The ob- 9. S. 2489, Coastal and Ocean Mapping jection is heard. Integration Act, Drew Minkiewicz/Mar- unanimous consent that the Com- garet Spring; mittee on the Judiciary be authorized f 10. S. 480, Training for Realtime to meet to conduct a hearing on DISTRICT OF COLUMBIA Writers Act of 2003, Bill Bailey/James Wednesday, September 22, 2004, at 3:30 APPROPRIATIONS ACT, 2005 p.m. on ‘‘Judiciary Nominations’’ in Assey/Rachel Welch; Mr. MCCONNELL. Mr. President, I 11. Nomination of Deborah P. the Dirksen Senate Office Building Room 226. ask unanimous consent that the Sen- Majoras, PN 1899, of Virginia, to be a ate now proceed to the consideration of Commissioner of the Federal Trade Witness List: Calendar No. 709, S. 2826, the District of Commission, Pablo Chavez/Ken Panel I: Senators. Columbia appropriations bill; that the Nahigian/Virginia Pounds/David Panel II: Christopher Boyko, to be bill be read a third time; that the Ap- Strickland/Cathy McCullough; United States District Judge for the propriations Committee then be dis- 12. Nomination of Jon D. Leibowitz, Northern District of Ohio. charged from further consideration of PN 1898, of Maryland, to be a Commis- The PRESIDING OFFICER. Without H.R. 4850, the House-passed DC appro- sioner of the Federal Trade Commis- objection, it is so ordered. priations bill, and the Senate proceed sion, Pablo Chavez/Ken Nahigian/Vir- f to its consideration. ginia Pounds/David Strickland/Cathy I further ask unanimous consent that McCullough; and UNANIMOUS-CONSENT REQUEST— all after the enacting clause of H.R. 13. Nominations for Promotion in the S. 2273 4850 be stricken; the text of S. 2826 be U.S. Coast Guard, PNs 1953, 1919, 1918, Mr. REID. Mr. President, I ask unan- inserted in lieu thereof; the bill, as 1917, 1876, 1856, Drew Minkiewicz/Vir- imous consent that the Senate proceed amended, be read a third time and ginia Pounds/Amy Fraenkel. to the immediate consideration of Cal- passed; and the motion to reconsider be The PRESIDING OFFICER. Without endar No. 536, which is S. 2273, at a laid upon the table. objection, it is so ordered. time to be determined by the majority I ask unanimous consent that the COMMITTEE ON FOREIGN RELATIONS leader, in consultation with the Demo- Senate insist on its amendment, re- Mr. ROBERTS. Mr. President, I ask cratic leader, but no later than Friday, quest a conference with the House on unanimous consent that the Com- October 1, and that the measure be the disagreeing votes of the two mittee on Foreign Relations be author- considered under the following limita- Houses, and the Chair be authorized to ized to meet during the session of the tions: There be 30 minutes equally di- appoint conferees on behalf of the Sen- Senate on Wednesday, September 22, vided and controlled in the usual form ate. 2004, at 2 p.m., to hold a nomination for debate on the bill and the com- Finally, I ask unanimous consent hearing. mittee-reported amendments; that the that S. 2826 then be returned to the cal- The PRESIDING OFFICER. Without only amendments in order other than endar. objection, it is so ordered. the committee-reported amendment be The PRESIDING OFFICER. Without COMMITTEE ON INDIAN AFFAIRS a Reed-Sarbanes transit amendment, objection, it is so ordered. Mr. ROBERTS. Mr. President, I ask the text of which is S. 2453; that there Mr. DEWINE. Mr. President, I thank unanimous consent that the Com- be 1 hour for debate on the amendment; the Senator from Louisiana, Ms. mittee on Indian Affairs be authorized that the time be equally divided and LANDRIEU, the ranking member on the to meet on Wednesday, September 22, controlled between the bill managers DC Appropriations Subcommittee, for 2004, at 9:30 a.m. in room 485 of the Rus- and the amendment sponsors or their her hard work and efforts in helping to

VerDate Aug 04 2004 02:52 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.050 S22PT1 S9536 CONGRESSIONAL RECORD — SENATE September 22, 2004 draft the appropriations bill before us symbol of our democracy, the District 1890 and overflows 60 to 70 times each today. This bill provides $560 million in of Columbia faces increased risks of year, dumping raw sewage into the Federal funds for the District of Co- terrorist attacks. Therefore, the bill Anacostia River. Clearly, the Federal lumbia and includes the city’s own includes security funding, including re- Government places a heavy burden on local budget of $6.2 billion. sources to complete a Unified Commu- this system and should help share the The funds in this bill focus on a num- nications Center, which will be the cen- cost of upgrading it. I believe these ber of key priorities for the District of ter for coordinated multi-agency re- small Federal contributions for infra- Columbia: First, improving the lives sponses in the event of regional and na- structure are important, but clearly and opportunities for children in the tional emergencies. The bill also con- the Federal Government must do more District; second, reducing and pre- tinues to provide funds to reimburse to help eliminate this structural im- venting crime in the District; and the city for increased police, fire, and balance that it has helped create. third, increasing security in our Na- emergency personnel costs associated I again thank Senator LANDRIEU. She tion’s capital. with events that occur in the District and I share the same concerns for the The bill continues an initiative we because of the presence of the Federal children and residents who live in the began last year to help improve the Government. District of Columbia, as well as the city’s long-troubled foster care system I take this opportunity to recognize millions of visitors who come here by providing funds for intensive inter- the city’s leadership in improving the every year to see America’s seat of vention when children first enter care; financial condition of the District. Re- government. She and I have worked as providing resources for early and con- cently, the District received a vote of close partners in writing this bill. To- tinued mental health services for all confidence from Wall Street when its gether, we have put together a bill that children in foster care; providing in- bonds were upgraded two steps from focuses on improving the well-being of centives to retain qualified social ‘‘BBB+’’ to ‘‘A’’. Despite this good news the District’s children and protecting workers and foster parents; and fund- about the city’s short-term financial the safety of all who live and work ing a new computer tracking system performance, I am well aware that the here. I thank the Senator from Lou- for children in foster care. city faces a long-term economic struc- isiana, and I turn to her now for her re- The bill also focuses on children by tural imbalance. This imbalance rep- marks. enhancing educational opportunities resents a gap between the District’s Ms. LANDRIEU. Mr. President, I am for inner-city students. We are con- ability to raise revenue at reasonable pleased to join Chairman DEWINE in tinuing to provide a total of $40 million tax rates and its ability to provide presenting the bipartisan fiscal year for three interrelated educational com- services of reasonable quality to its 2005 District of Columbia appropria- ponents: $13 million to promote excel- residents. tions bill to the Senate. The bill totals lence in traditional public schools; $13 I recognize that the structural imbal- $560 million, which is an increase of million to expand choice through high ance is driven by expenditure require- $18.3 million from fiscal year 2004. The quality charter schools; and $13 million ments and revenue restrictions which chairman and I moved this bill through for opportunity scholarships for low-in- are mostly beyond the control of the the full Appropriations Committee on come students in failing schools. District’s leadership. Clearly, the city’s Tuesday, September 21 by a near-unan- The second priority that this bill revenue capacity would be larger with- imous vote with no controversial funds crime fighting in the District. out Federal constraints on its taxing amendments. During our 3-year chair- The federal government entirely funds authority, such as its inability to tax man and ranking membership of the the D.C. Courts and the Court Services Federal property or the income of non- D.C. subcommittee, we have met many and Supervision Agency. The com- residents. policy and partisan challenges and re- mittee is providing a total of $337 mil- I agree that the city faces a troubling mained great friends. This year is truly lion for these agencies, which is $55 problem in the long-term. I want to an achievement of the chairman’s bi- million more than the fiscal year en- help close the financial gap and help partisan lead of this bill. We continue acted level. Most of these additional ensure the long-term economic health to marry our interests in strength- resources are for renovations and re- of our Nation’s capital. This is a Fed- ening education and child welfare in pairs to the City’s 4th oldest building, eral enclave, established by the Con- the District. the Historic Old Courthouse, which will stitution, and it must live by the con- Great communities need great make it habitable once again and pro- straints imposed on it by the Federal schools. This bill includes $26 million vide much-needed courtroom capacity. Government. I believe that the Federal for public education in support of the The bill also provides additional re- Government must recognize the costs committee’s goal to improve education sources to enhance supervision of high- it places on the city and the burden it in the District. Fifty years after the risk sex offenders, offenders with men- places on the city’s infrastructure, all landmark Brown v. the Board of Edu- tal health problems, and domestic vio- the while limiting the ability of the cation decision of the Supreme Court, 3 lence offenders. city to raise revenue. Indeed, many of years after enactment of the signifi- With this bill, we are beginning an the problems facing the District result cant No Child Left Behind Act, we are important federal investment in a new from it being the seat of the Federal still working to shape the two-sided forensics lab for the District of Colum- Government. face of public education, excellence and bia. Currently, the city must rely on This bill takes two small steps to failure, into a more equal experience the generosity of the FBI’s crime lab. begin to address the structural imbal- for children. The District’s schools Because of its own heavy workload, the ance. First, we are providing $4 million have been mired in years of changing Bureau limits the amount of evidence to assist the city with its annual oper- superintendents, management and that it can process for the city. With so ating payment to the Washington Met- oversight challenges. A new super- many unsolved rape, murder, and other ropolitan Transit Authority, com- intendent has been hired, Dr. Clifford violent crime cases in the District, a monly referred to as the ‘‘Metro’’. Janey, we are excited about his energy new crime lab is a crucial need. The District’s share of the Metro op- to reform and improve and want to The sobering fact is that, as the seat erating subsidy is $208 million. Whereas support his efforts as strongly as pos- of our Nation’s capital, the District of the State governments of Maryland sible. This bill includes certain tools Columbia is a target of bioterrorism and Virginia both help subsidize the to, hopefully, contribute to Dr. Janey’s attacks. And, those attacks must be in- Metro, the District does not have a work. vestigated. Indeed, the anthrax attacks State to help share the burden of this In our public schools we must recog- of 2001 and the ricin scare of 2004 have cost. In addition, many Federal work- nize and reward excellence. We must shown that a forensics lab is vital to ers use the Metro system to travel be- acknowledge and eliminate failure. public safety in the District and de- tween Federal buildings throughout This bill directs a total of $7 million serving of federal support. the workday. for a new incentive grant program for The final priority in this bill is im- Second, the bill provides $10 million public education improvement in both proving security in the District. As the for a combined sewer overflow system. traditional public schools and public seat of the federal government and as a The current system was constructed in charter schools. These grants will be

VerDate Aug 04 2004 02:52 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.054 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9537 awarded to the principal of high per- ment; and higher attendance and fewer new family court, which embraces the forming or significantly improved pub- disciplinary problems. ideal of one family-one judge, is fully lic schools to reward their good work. Strengthening charter schools, which funded and we continue to provide for A reward is a powerful incentive to were created in the D.C. by Congress in their new building. In addition, the bill build on success and meet some of the the 1995 School Reform Act, is a pri- initiates a new investment in the ad- areas which can make their school mary tenant of our work to improve ministration of justice in the District thrive. These grants could be for a spe- education. Pursuant to Section 120 of by contributing $8 million to the con- cialized librarian, new books, and bo- P.L. 106–522, the Fiscal Year 2001 DC struction of a new forensics lab. This nuses for excellent teachers, or even to Appropriations Act, the local govern- laboratory will alleviate contract pres- support sports and recreation with a ment is prohibited from amending the sure D.C. imposes on other Federal new basketball court. It is entirely up School Reform Act. Therefore, Con- agencies, such as the FBI, to complete to the principal to decide. In addition, gress has continued our oversight re- local forensic work. The bill also con- the bill includes $5 million to support sponsibility of the charter school law tributes to security and emergency the very successful D.C. program to re- this year. The bill fortifies the environ- preparedness in the Nation’s capital constitute the schools designated as in ment where strong, accountable, aca- with $22 million to bolster the police need of improvement by the standards demically excellent charter schools and first responders. In addition to all of the No Child Left Behind Act. The flourish. of the important initiatives in the Dis- Transformation School Initiative has This bill includes language which trict this bill invests in, there is $13 successfully breathed new life into 15 of will encourage public schools to con- million for cleaning up the Anacostia the lowest performing public schools in vert to charter schools. The 1996 School River and providing recreation for the the District with innovative ways to Reform Act allows for traditional pub- entire region and $5 million for trans- reinvigorate teachers, reinvest parents, lic schools to petition to convert to a portation improvements. and get kids exciting about going to public charter school, if the teachers I want to thank the mayor of the Dis- school and excited about learning. We and parents in the community want a trict, Anthony Williams, the entire are very pleased to support these pro- more responsive and engaging school. council, particularly the Chair Linda Cropp, and the D.C. Delegate to Con- grams with $13 million for public However, to date, only one school, Paul gress ELEANOR HOLMES NORTON for schools as part of the $40 million Junior High, has exercised that option. their many contributions and advice in School Improvement Fund created last We are not trying to say that every developing this bill. They are great year. public school should be a charter partners for Chairman DEWINE and I to The second prong of the School Im- school, but we support if the commu- ensure the bill meet the needs of the provement Fund, $13 million for public nity of a particular school sees a ben- District. I appreciate the chairman’s charter school, is supported by robust efit in becoming a charter school and consideration and our ability to work support to strengthen the chartering can gain a majority consensus of that together on this bill. system. With 41 charters granted to community, a conversion is possible. The amendment was ordered to be date, the District has achieved the dis- In addition, we toughen oversight of engrossed and the bill to be read a tinction of having the highest number chartering boards to better screen ap- third time. of charter schools per capita. As such, plications and strengthen oversight of The bill (H.R. 4850), as amended, was the District is in a position to serve as existing schools. We think this will read the third time and passed, as fol- leader in the effort to use charter make a stronger public charter school lows: schools to spur system-wide improve- community, and should not create any (The bill will be printed in a future ment from within our system of public additional bureaucracy which would edition of the RECORD.) education. Senator DEWINE and I main- tamp down reform. Finally, we in- The Chair appointed Mr. DEWINE, tain our commitment to serve as a full cluded language which will improve ac- Mrs. HUTCHISON, Mr. BROWNBACK, Mr. and equal partner in this endeavor. cess to facilities for charter schools, STEVENS, Ms. LANDRIEU, Mr. DURBIN, It is important to note that while the which can be their greatest challenge. and Mr. INOUYE conferees on the part of primary reason for the rapid growth in The buildings in which children learn the Senate. the number of charter schools was the are just as critical as the other tools f unmet desire of education reformers to available to make these kids a success. MEASURE READ THE FIRST find a way to ‘‘step out of the box’’ Under the kind leadership of Chair- TIME—S. 2830 that had become our public school sys- man DEWINE, we have also invested in tem, charter schools are by definition the welfare of the most vulnerable chil- Mr. MCCONNELL. Mr. President, I independent public schools. With their dren in the District, those in the cus- understand that S. 2830 is at the desk. relative autonomy, charter schools are tody of the abuse and neglect welfare I ask its first reading. a way to provide greater educational system. Just in the last week, the Dis- The PRESIDING OFFICER. The choice and innovation while not aban- trict has suffered the loss of another clerk will read the bill for the first doning the public school system. Re- child, Angel Fleming, who was put in time. The legislative clerk read as follows: cent studies show that the existence of the custody of the Child and Family a charter school in a district not only A bill (S. 2830) to amend part A of title IV Services Agency. of the Social Security Act to promote increases the quality of education The bill supports our priority of re- healthy marriages and responsible father- available to the students served di- forming child welfare by providing the hood, and for other purposes. rectly by the charter school but in all tools necessary to the foster care sys- Mr. MCCONNELL. I ask for its second surrounding public schools. In addi- tem with $5 million. We are funding for reading, and in order to place the bill tion, charter schools provide a healthy early intervention services to try to on the calendar in accordance with rule dose of competition into the public keep kids with relatives, rather than XIV, I object to my own request. school system and have the effect of send them to temporary foster care The PRESIDING OFFICER. The bill accelerating reforms and improve- homes. The bill also continues to en- will be read the second time on the ments in traditional public schools. sure that all kids in foster care get next legislative day. Despite the increased challenge of mental health assessments and serv- f educating students with the greatest ices. Finally, Senator DEWINE has en- need, objective surveys and reports sured that an area often forgotten, fos- RESPONDING TO CONDITIONS IN show that the academic progress ter parents, receive the respite services BURMA UNDER THE ILLEGIT- among charter schools students out- necessary and promote grassroots fos- IMATE RULE OF THE STATE pacing that of their cohorts in tradi- ter parent recruiting and training ef- PEACE AND DEVELOPMENT tional public schools. Those successes forts. COUNCIL included gains in reading and math This bill meets our Federal responsi- Mr. MCCONNELL. I ask unanimous performances; test scores higher than bility to the criminal justice system consent the Foreign Relations Com- district, state and neighborhood and infrastructure investments re- mittee be discharged from further con- schools; increased parental involve- quested by the mayor and council. The sideration of S. Res. 431 and the Senate

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.061 S22PT1 S9538 CONGRESSIONAL RECORD — SENATE September 22, 2004 proceed to its immediate consider- APPOINTMENT OF COMMITTEE TO Following morning business, we hope ation. ESCORT HIS EXCELLENCY AYAD to consider the Foreign Operations ap- The PRESIDING OFFICER. Without ALLAWI, PRIME MINISTER OF propriations bill. We have been work- objection, it is so ordered. The clerk THE INTERIM GOVERNMENT OF ing on an agreement and we hope to will report the resolution by title. THE REPUBLIC OF IRAQ have that language worked out by to- The legislative clerk read as follows: Mr. MCCONNELL. Mr. President, I morrow morning. We would like to fin- A resolution (S. Res. 431) expressing the ish that legislation and consider the sense of the Senate that the United Nations ask unanimous consent that the Presi- dent of the Senate be authorized to ap- family friendly tax bill when that con- Security Council should immediately conference report becomes available some- sider and take appropriate actions to re- point a committee on the part of the spond to the growing threats posed by condi- Senate to join a like committee on the time tomorrow. Therefore, Senators tions in Burma under the illegitimate rule of part of the House of Representatives to can expect votes throughout the day. the State Peace and Development Council. escort His Excellency Ayad Allawi, Mr. REID. Mr. President, on the For- There being no objection, the Senate Prime Minister of the Interim Govern- eign Operations bill, we are anxious proceeded to consider the resolution. ment of the Republic of Iraq, into the and ready and willing to have an agree- Mr. MCCONNELL. Mr. President, I House Chamber for the joint meeting ment. We think the bill can be resolved ask unanimous consent the resolution tomorrow. very quickly, and we want the RECORD be agreed to, the preamble be agreed The PRESIDING OFFICER. Without to reflect our willingness to go to the to, the motion to reconsider be laid on objection, it is so ordered. bill tonight, tomorrow, anytime. We the table, and any statements be print- think it is very important that we get f ed in the RECORD. as many appropriations bills completed The PRESIDING OFFICER. Without MEASURE PLACED ON THE as possible. We are not in any way objection, it is so ordered. CALENDAR—S. 2823 standing in the way of this. There is no The resolution (S. Res. 431) was Mr. MCCONNELL. Mr. President, I objection on our side to going to this agreed to. understand there is a bill at the desk bill. The preamble was agreed to. that is due for its second reading. I also say that this Friday is the The resolution, with its preamble, most holy of all holidays for those of reads as follows: The PRESIDING OFFICER. The clerk will read the bill for a second the Jewish faith, Yom Kippur. We have S. RES. 431 time by title. a number of Senators who must travel Whereas the National League for Democ- The assistant legislative clerk read west that day to prepare for the holi- racy, headed by Daw Aung San Suu Kyi, is as follows: day. They cannot make their transpor- the legitimately elected political leadership tation arrangements unless they can in Burma; A bill (S. 2823) to provide for the adjust- Whereas the ruling State Peace and Devel- ment of status of certain foreign agricultural leave here at 10:20 on Friday morning. opment Council, headed by General Than workers, to amend the Immigration and Na- The leader has spoken to some of the Shwe, and its affiliated organizations con- tionality Act to reform the H–2A worker pro- Jewish Members of the Senate and he tinue, through a variety of means, to violate gram under that Act, to provide a stable, recognizes the problem. We have this the human rights and dignity of the people legal agricultural workforce, to extend basic tax bill of which we know the impor- of Burma through murder, torture, rape, legal protections and better working condi- tance. But we have to let the high holy forced relocation, the employment of child tions to more workers, and for other pur- day take precedence over what has to poses. soldiers, the use of forced labor, and the ex- be done here on Friday. ploitation of child laborers; Mr. MCCONNELL. Mr. President, I Whereas the State Peace and Development I hope the two leaders and my distin- object to further proceedings on the guished friend on the floor now and the Council has detained over 1,300 prisoners of measure at this time in order to place conscience, including National League for Republican leader will take that into Democracy leaders and supporters of democ- the bill on the calendar under the pro- consideration. It has been brought to racy; visions of rule XIV. my attention by several Senators this Whereas, under the repressive rule of the The PRESIDING OFFICER. The bill afternoon. State Peace and Development Council, the will be placed on the calendar. Mr. MCCONNELL. Mr. President, let situation in Burma poses an immediate and f me say that there are Members on both growing threat to the Southeast Asia region, including through the unchecked spread of ORDERS FOR THURSDAY, sides of the aisle for whom Friday is an HIV/AIDS, the illicit production of, and traf- SEPTEMBER 23, 2004 exceedingly important day. We are cer- ficking in, narcotics, trafficking in persons, tainly aware of that. That is another and alleged efforts to purchase weapons from Mr. MCCONNELL. Mr. President, I good reason for finishing the family North Korea, China, and Russia; ask unanimous consent that when the friendly tax bill tomorrow night. We Whereas, at the 58th session of the United Senate completes its business today, it will press on and try to complete both Nations General Assembly, a resolution was adjourn until 11 a.m. on Thursday, Sep- Foreign Operations and the family adopted by the General Assembly that ex- tember 23. I further ask unanimous friendly tax bill tomorrow night. presses grave concern about the ongoing sys- consent that following the prayer and tematic violations of human rights inflicted pledge the morning hour be deemed ex- f upon the people of Burma and calls on the pired, the Journal of proceedings be ap- ADJOURNMENT UNTIL 11 A.M. State Peace and Development Council to release all political prisoners, respect the re- proved to date, the time for the two TOMORROW leaders be reserved, and the Senate sults of the national elections in 1990, and re- Mr. MCCONNELL. Mr. President, if store democracy to Burma; and then begin a period of morning busi- there is no further business to come be- Whereas the National League for Democ- ness for up to 30 minutes with the first fore the Senate, I ask unanimous con- racy has called upon the United Nations Se- 15 minutes under the control of the sent that the Senate stand in adjourn- curity Council to intervene on behalf of the Democratic leader or his designee and people of Burma: Now, therefore, be it ment under the previous order. the final 15 minutes under the control There being no objection, the Senate, Resolved, That it is the sense of the Senate of the majority leader or his designee. that the United Nations Security Council at 6:33 p.m., adjourned until Thursday, should immediately consider and take appro- The PRESIDING OFFICER. Without September 23, 2004, at 11 a.m. priate actions to respond to the growing objection, it is so ordered. f threats posed to the Southeast Asia region f by conditions in Burma under the illegit- CONFIRMATION imate rule of the State Peace and Develop- PROGRAM Executive nomination confirmed by ment Council, including the threats posed by Mr. MCCONNELL. Mr. President, for the Senate September 22, 2004: widespread human rights violations, the un- the information of all Senators, tomor- checked spread of HIV/AIDS, the illicit pro- row morning there will be a joint meet- CENTRAL INTELLIGENCE duction of, and trafficking in, narcotics, ing of Congress to receive a speech PORTER J. GOSS, OF FLORIDA, TO BE DIRECTOR OF trafficking in persons, and alleged efforts by CENTRAL INTELLIGENCE. the State Peace and Development Council to from Prime Minister Allawi of Iraq. We THE ABOVE NOMINATION WAS APPROVED SUBJECT TO will convene following that speech for THE NOMINEE’S COMMITMENT TO RESPOND TO RE- purchase weapons from North Korea, China, QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY and Russia. a short period of morning business. CONSTITUTED COMMITTEE OF THE SENATE.

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A PROCLAMATION THANKING PRI- COMMENDING CHARLES A. COHEN, Mr. Speaker, I ask that you and my col- VATE FIRST CLASS RYAN A. AN OUTSTANDING CITIZEN OF leagues in the People’s House join in com- MARTIN FOR HIS SERVICE TO INDIANAPOLIS, INDIANA AND RE- mending Charles Cohen for his life of service, OUR COUNTRY CIPIENT OF THE NEW JERU- civic stewardship and commitment to Indian- SALEM AWARD apolis and Israel Bonds. He has exhibited outstanding leadership HON. ROBERT W. NEY HON. JULIA CARSON qualities that deserve high praise. OF OHIO OF INDIANA f IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES PAYING TRIBUTE TO FBI DEPUTY DIRECTOR BRUCE GEBHARDT Wednesday, September 22, 2004 Wednesday, September 22, 2004 Ms. CARSON of Indiana. Mr. Speaker, it is Mr. NEY. Mr. Speaker, we hereby offer our with profound pleasure and privilege that I rise HON. MIKE ROGERS heartfelt condolences to the family, friends, to commend to the nation, Charles A. (Chuck) OF ALABAMA IN THE HOUSE OF REPRESENTATIVES and community of Private First Class Ryan A. Cohen, an outstanding American and citizen Martin upon the death of this outstanding sol- of Indianapolis, Indiana. Wednesday, September 22, 2004 dier; and Mr. Cohen will be honored October 17, with Mr. ROGERS of Michigan. Mr. Speaker, I Whereas, Private First Class Ryan A. Martin the New Jerusalem Award at the Indiana- rise today to pay tribute to Deputy Director was a member of the 216th Engineer Battalion Israel Dinner of State. Chuck is an active com- Bruce Gebhardt for his 30 years of distin- of the Army National Guard serving his great munity leader, a prominent attorney and a guished service to the Federal Bureau of In- nation in the country of Iraq. He was a leader longtime supporter of Israel Bonds. vestigation. His breadth of knowledge and ex- in his unit and is to be commended for the State of Israel Bonds/Development Corpora- perience in national security, terrorism and in- honor and bravery that he displayed while tion for Israel is an international organization telligence issues have made America mark- serving our nation in this time of war; and offering securities issued by the government of edly safer in the wake of September 11, 2001. Whereas, Private First Class Ryan A. Martin Israel. Since the first bond was sold in 1951, Mr. Gebhardt entered on duty as a Special will be remembered for his unsurpassed sac- Israel Bonds has secured close to $26 billion Agent with the Bureau on July 7, 1974, and rifice of self while protecting others. His exam- in investment capital for the development of began his career investigating organized crime ple of strength and fortitude will be remem- every aspect of Israel’s economy, including and narcotics. Mr. Gebhardt was the recipient bered by all those who knew him. agriculture, commerce and industry. of the FBI Medal of Valor as a result of action Charles Cohen was born in Greenville, KY, taken during an airplane hijacking event in Therefore, we join with the family, friends and graduated from Greenville High School as Denver, Colorado in 1976. More recently as a and the citizens of our great nation in thanking the salutatorian. He received a B.S. degree in Special Agent in Charge, Mr. Gebhardt Private First Class Ryan A. Martin of the Accounting in 1963 and a J.D. degree in 1966 oversaw numerous operational success in or- United States Army for his service to our at Indiana University-Bloomington. At school, ganized crime, counterintelligence, counterter- country. Your service has made us proud. Chuck was commissioned a 2nd Lieutenant in rorism, cyber crimes and white collar crimes. the U.S. Army and made the Law Review. But today, more than ever, America owes a f After completing his education, the honoree debt of gratitude to Bruce Gebhardt for his work to retool and reshape the FBI after Sep- HONORING FRED HATMAKER served with the U.S. Army in the Medical Service Corps. His display of leadership tember 11, 2001. earned him the Bronze Star for meritorious In August 2002, Mr. Gebhardt was ap- HON. LINCOLN DAVIS service in a combat zone and the rank of Cap- pointed by Director Mueller to serve as Deputy tain. Director for the FBI and for the last 2 years he OF TENNESSEE In 1971, Chuck moved to Indianapolis and has been responsible for restructuring the FBI IN THE HOUSE OF REPRESENTATIVES co-founded the firm of Garelick & Cohen, (now into a counterterrorism and intelligence fo- Cohen, Garelick & Glazier). He is currently the cused agency. As Deputy Director, Mr. Wednesday, September 22, 2004 managing partner. Gebhardt has made important contributions to Mr. DAVIS of Tennessee. Mr. Speaker, Fred Mr. Cohen is an active member of the Jew- the national security of the United States and Hatmaker of LaFollette and Knoxville, TN, re- ish Community Center of Indianapolis, serving more fully prepared the Federal Bureau of In- cently passed away at the early age of 63. as a life board member and past president. He vestigation to fight terrorism both at home and is also active with the Jewish Federation of abroad. Fred was a good friend not only to me, but Greater Indianapolis and has served in numer- Mr. Speaker, I would like to offer my best many within the community. He can best be ous positions including president and cam- personal regards to Deputy Director Gebhardt characterized as one who loved to be in the paign chairman, as well as chairman of the on his retirement from the FBI and wish him middle of things. Fred was always there for a Benefits Committee, the Israel Emergency all the best in the future. I would also like to laugh, a serious discussion, a game of cards, Campaign, and currently serves as chairman ask my colleagues to join me in thanking him and was more than willing to take a good of the Long Term Endowment Campaign and on behalf of the American people for his serv- humored poke at someone whenever an ap- the Overseas Committee. ice and commitment to our collective security. propriate occasion arose. In addition, he is a member of the board of f Fred was an educator, banker, and busi- directors of America’s Voices in Israel and an IN OUR THOUGHTS AND PRAYERS nessman. He was as devoted to his profes- intermediate cities representative on the sions as he was to his friends and family. He United Jewish Communities board of trustees. was restless in every venture he undertook. I Mr. Cohen is the recipient of the L.L. Good- HON. LINCOLN DAVIS OF TENNESSEE think this came from his need to find his place man Young Leadership Award, the Liebert IN THE HOUSE OF REPRESENTATIVES in the world. This I can say for sure, he Mossler Award, the Martin L. Larner Leader- brought an unending amount of energy with ship Award, the Endowment Achievement Wednesday, September 22, 2004 him and will forever be remembered for his Award, and the Hasten Hebrew Academy HAI- Mr. DAVIS of Tennessee. Mr. Speaker, the storytelling. You can rest assured that he Life Award. 278th Armored Cavalry Regiment having been probably never believed what he said himself. Chuck and his wife, Karen, are the parents activated and mobilized as the 278th Regi- Fred will be missed very much by all who of three children: Brad, Amy Kaissar, and mental Combat Team has some of Ten- knew him. Danielle Bautista. nessee’s finest soldiers. They are currently

∑ 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.

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training in Camp Shelby, Mississippi, before THE HENRY FORD for 61⁄2 years, Water Systems Operator for 2 moving to the National Training Center in Ft. COMMEMORATIVE CELEBRATION years, Senior Water Systems Operator for 11⁄2 Irwin, California, for additional training. Before years, Maintenance Supervisor for 7 years, departing for their duty location in Northern HON. JOHN D. DINGELL and held his current position as Public Works Iraq they will return to Tennessee where they OF MICHIGAN Maintenance Superintendent for 16 years. Exemplifying the best in humanitarian lead- will appropriately have a sendoff on Veterans IN THE HOUSE OF REPRESENTATIVES Day. ership, Mr. Hall was awarded Volunteer of the Headquartered in Knoxville, the 278th is the Wednesday, September 22, 2004 Year for all greater Los Angeles for his con- only enhanced Armored Cavalry Regiment in Mr. DINGELL. Mr. Speaker, I rise today to tributions to build the Saint Harriet’s Children’s the National Guard and one of only two in the honor the contributions of the late Henry Ford Home. He was also awarded Kiwanian of the United States Army. The 278th is the largest as the ‘‘Father of Industrial Education’’ and to Year in 1984, 1990, and 1992. He was also unit in the Tennessee Army National Guard, express my deep gratitude for his enormous president of the Kiwanis Club from 1989– with units stretching from one end of Ten- contributions to education, particularly tech- 1990, secretary from 1992–1993 and lieuten- nessee to the other. A large portion of the nical training. ant governor in 2002. Mr. Hall has also served 278th’s soldiers live in the 4th Congressional Henry Ford was a strong advocate of pro- in the U.S. Navy for 3 years and is a Vietnam District. viding educational opportunities. At Highland veteran. While visiting the 278th at Camp Shelby I Park, where the Model T was produced, he or- Mr. Hall has served on many committees talked with soldiers from across the 4th Dis- ganized English classes for newly hired immi- over the years, such as Maintenance Super- trict. Every soldier I talked with expressed a grants, which assisted them in receiving their intendents Association for 16 years, Traffic devotion to family and country. Our troops first citizenship papers. In 1930, Henry Ford Control Supervisors Association for 22 years, have the energy and patriotism needed to en- announced that he would spend $100 million and the American Water Works Association courage democracy abroad by promoting and devote the remainder of his life promoting for 26 years. strong American values and ideals. The fami- and supporting educational concepts. Of the Mr. Hall’s involvement with the Hazmat lies should know that their loved ones are re- some 60 schools supported by Henry Ford, Drop-Off/Intake building for El Monte resi- ceiving world class training and equipment. the one that brought him the greatest satisfac- dents, the modernization of the Public Works In a State that claims Sgt. Alvin York as its tion and pride was the Henry Ford Trade Maintenance Division offices as well as the native son no one should be surprised that School. Water Department, are just some of his many Tennessee is appropriately named the Volun- The Henry Ford Trade School, established accomplishments. Mr. Hall leaves behind a teer State. This largest callup of Tennessee in Highland Park in 1916 with one instructor leadership model of teamwork. His leadership National Guardsmen only further demonstrates and a class of six disadvantaged students, style has improved the reputation of the Main- our commitment to country. I would like to ask quickly emerged as a pioneer of the modern tenance Division and brought all the members everyone to pray for our brothers and sisters concept of combining vocational training with of the Maintenance Yard closer together. who will shortly be put in harm’s way. May related formal classroom instruction. Upon its Please join me in wishing Mr. Greg Hall, God look after our troops and their families. move to the Rouge Complex in Dearborn in maintenance superintendent, Public Works Maintenance Division good luck and a happy f 1931, the school continued to offer educational opportunities to young men through retirement. IN MEMORY OF AIR NATIONAL the year 1952. At its peak, there were more f GUARDSMAN FIRST LIEUTENANT than 2,800 students, aged 13–17, and 135 in- HONORING ROBERT AND COLLEEN JAMES O. CONWAY structors. A hot lunch was furnished without GOODALE, 2004 ANGELS IN ADOP- charge and for their effort, students were TION HON. MICHAEL E. CAPUANO awarded a weekly cash scholarship and a OF MASSACHUSETTS monthly stipend to deposit in a bank savings HON. JIM COOPER IN THE HOUSE OF REPRESENTATIVES account until they left school. OF TENNESSEE Wednesday, September 22, 2004 The training offered at Henry Ford Trade IN THE HOUSE OF REPRESENTATIVES School took on new meaning with the advent Wednesday, September 22, 2004 Mr. CAPUANO. Mr. Speaker, I rise today to of World War II and the technical skills of the remember the brave actions of a hero. First graduates were employed and challenged in Mr. COOPER. Mr. Speaker, I have the privi- Lieutenant (1/LT) James O. Conway will be various capacities to support the war effort. lege today of recognizing Robert and Colleen memorialized this weekend in East Boston, Many students also served in the military. Goodale, an extraordinary couple from Nash- Massachusetts where he gave his own life half In order to properly acknowledge the inspi- ville, TN, who have opened their home and a century ago to save the lives of many neigh- ration and guidance of Henry Ford, the mem- their hearts to children in foster care. borhood residents. On October 2, 1954, 1/LT bers of the Henry Ford Trade School Alumni I am proud to announce that the Goodales Conway, a member of the Air National Guard, Association, some 400 strong, will perpetuate are this year’s Angels in Adoption from the 101st Fighter Interceptor Squadron, flew his his memory with the unveiling of a life-size Fifth District of Tennessee. As many of my jet into an embankment after it had lost power bronze statue to be displayed at the welcome colleagues know, Angels in Adoption is an an- upon take-off at Logan Airport. This undaunted center for guests touring the factory at the nual award sponsored by the Congressional act of courage was done in an effort to save newly reopened Rouge Complex. Coalition on Adoption Institute to honor fami- the neighborhood of East Boston from the Mr. Speaker, I ask that you and all of my lies such as the Goodales who are among the trauma, damage and potential loss of life that colleagues rise and join me in honoring the nation’s heroes of adoption. more than likely would have resulted from the members of the Henry Ford Trade School The Goodales have a story that is nothing crash landing of a military jet in a densely Alumni Association on the occasion of their short of amazing. After raising four biological populated residential area. celebration, and to pay tribute and recognize children of their own, the Goodales decided to The residents of East Boston have long rec- the commitment and dedication of the late fill their empty nest by adopting children out of ognized 1/LT Conway as a hero. This Satur- Henry Ford. foster care. The first of these children was Richard, who came to the Goodales’ home at day, the East Boston community will formally f memorialize this act of heroism in a dedication the age of 2 for what was intended to have ceremony. This ceremony comes at a time RECOGNIZING MR. GREG HALL been a 2-week stay. Richard, who is severely when thousands of men and women in the mentally disabled, was in the process of being National Guard are serving our country in its HON. HILDA L. SOLIS institutionalized at a local facility when he latest time of need. These modern-day heroes OF CALIFORNIA came to the Goodales’ home. Richard, how- carry on a tradition of selflessness that was IN THE HOUSE OF REPRESENTATIVES ever, never left their care, and instead became exemplified by 1/LT Conway a generation ago. their first adopted son. Now 18, Richard is still Mr. Speaker, I ask my colleagues to join me Wednesday, September 22, 2004 severely developmentally delayed and cannot in expressing our solemn gratitude to 1/LT Ms. SOLIS. Mr. Speaker, I rise to recognize speak. He also suffers from emphysema, and James O. Conway, his family and all of the Mr. Greg Hall for his life-long contributions to requires round-the-clock supervision and as- men and women who have made the supreme the city of El Monte. Mr. Hall has been an ac- sistance. As nurses by profession, the sacrifice protecting our Nation at home and tive and loyal employee for the city of El Goodales have provided Richard with the ideal abroad. Monte. He has worked as a Park Caretaker loving home.

VerDate Aug 04 2004 04:38 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A22SE8.005 E22PT1 September 22, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1675 Shortly after Richard’s adoption, the CALLING FOR TAIWANESE REP- Mr. Speaker, Taiwan’s exclusion from the Goodales adopted two brothers, Jonathan and RESENTATION AT THE UNITED United Nations is unjust. We must speak up Christopher, who were 11 and 9 at the age of NATIONS for Taiwan, our friend and ally, this year and their adoption and are now 24 and 23. They every other until this injustice is corrected. then adopted another group of siblings, HON. PETER DEUTSCH f OF FLORIDA James, Tracy, Jerome, and Lorri. Now also INTRODUCTION OF THE 527 IN THE HOUSE OF REPRESENTATIVES grown, these children were 7, 5, 4 and 2 when REFORM ACT they joined the Goodale family. Wednesday, September 22, 2004 The Goodales, who are white, are blessed Mr. DEUTSCH. Mr. Speaker, the Republic HON. CHRISTOPHER SHAYS of China (Taiwan) has once again tried to re- with a diverse, multiracial family. Richard is Af- OF CONNECTICUT turn to the United Nations this fall. In recent rican-American, Jonathan and Christopher are IN THE HOUSE OF REPRESENTATIVES white, and the remaining four are biracial. De- years, Taiwan has repeatedly expressed its strong desire to participate in the United Na- Wednesday, September 22, 2004 spite their commitment and perseverance, the tions and other international organizations. I Mr. SHAYS. Mr. Speaker, I am pleased to Goodales have had to battle skepticism from am pleased that the United States has caseworkers who initially believed these di- join with Congressman MARTY MEEHAN and pledged to support Taiwan’s bid to become an Senators JOHN MCCAIN and RUSS FEINGOLD to verse placements to be inappropriate. Eventu- observer in the World Health Organization and introduce the 527 Reform Act, which will close ally, the Goodales even moved into an all- to obtain OAS (Organization of American an election law loophole created by the Fed- black neighborhood to demonstrate their re- States) observership for Taiwan. Many of us in eral Election Commission’s (FEC) failure to spect for their children’s racial heritage. this body have long supported that. In fact, in enforce the 1974 Federal Election Campaign The Goodales are a truly remarkable family, our Taiwan Policy Review of September 1994, Act (FECA). and I am privileged to have been witness to we declared the intent to build stronger and This failure on the part of the Commission more active support for Taiwan’s participation the strength of this family’s love. is a long-standing tradition underscored by in appropriate international organizations. The federal judge Colleen Kollar-Kotelly’s Sep- United Nations is such an appropriate organi- f tember 18 decision in Shays v. FEC, which zation. struck down 15 poorly-drafted rules promul- The United States has supported Taiwan’s IN RECOGNITION OF THE HEROISM gated by the FEC that undermined, rather membership in the Asian Development Bank than enforced, the Bipartisan Campaign Re- OF BETTY ONG and the World Trade Organization and its ad- form Act. mission to the Asian-Pacific Economic Co- Our legislation will require 527 groups to operation Group; Supporting Taiwan’s bid to register as political committees with the FEC— HON. NANCY PELOSI return to the United Nations is the next logical as they should have been doing all along. It step for the United States. In doing so, we will OF CALIFORNIA also establishes new, effective allocation rules demonstrate to the world that the United IN THE HOUSE OF REPRESENTATIVES to ensure groups primarily focused on impact- States supports democracy and freedom in ing federal races are regulated accordingly. Taiwan. We will prove, yet again, that the Wednesday, September 22, 2004 For too long, the FEC has looked the other United States is on the side of free and demo- way as 527 groups have channeled soft Ms. PELOSI. Mr. Speaker, I rise today to cratic people. money into federal elections, clearly violating pay tribute to Betty Ong, a native daughter of It is indeed grossly unfair to see Taiwan and its 23 million people excluded from the activi- the letter and the spirit of the campaign fi- San Francisco’s Chinatown and a hero for our nance law. Nation on September 11, 2001. ties of the United Nations year after year. When SARS hit Taiwan in the spring of 2003, The 527 Reform Act does the job the FEC On that tragic day, Betty Ong was a flight Taiwan, without United Nations membership, has failed to do—it brings 527 groups under attendant on American Airlines Flight 11 from was denied the World Health Organization’s the same set of rules as every other political Boston bound for Los Angeles. Flight 11 left expertise and assistance for weeks. Taiwan’s committee. Boston’s Logan Airport at 7:59 a.m. with Mo- doctors had difficulty obtaining information In doing so, it ensures all groups acting pri- hammed Atta and four other terrorists on about SARS, and as a result, Taiwanese marily to influence federal elections play by board. From the time the terrorists took over SARS patients suffered and waited. the rules Congress and the Supreme Court intended, rather then allowing some to exist in the plane until she lost contact, Betty re- Taiwan’s immense population is also worth a parallel world of election law anarchy. mained calm and professional. For 23 min- noting. Its 23 million people constitute a popu- The bottom line is, groups that are in the utes, she relayed vital information to her col- lation that’s larger than those of two-thirds of UN member states. Small states such as An- business of influencing federal elections leagues on the ground. The information Betty dorra (population 54,000) and San Marino should be regulated by federal election law, provided in that horrifying situation later al- (population 23,000) have UN membership and, by overriding the FEC’s long-standing lowed the FBI to discern the identity of the ter- while Taiwan is denied? misinterpretation of the 1974 Federal Election rorists onboard Flight 11. Furthermore, Taiwan’s exclusion from the Campaign Act, that is exactly what this legisla- In January of this year, the 9/11 Commis- UN clearly violates the UN principle of uni- tion will accomplish. sion heard a tape of Betty’s urgent message. versality. The UN’s mission is to ‘‘reaffirm faith f in fundamental human rights, in the dignity In its report, the Commission confirmed that WELCOME HOME 1175TH Betty was indeed the first person to report the and worth of the human person, in the equal hijacking. 9/11 Commission Chairman Thomas rights of men and women, and of nations large and small.’’ What of the rights of the 23 million Kean declared, ‘‘Betty Ong is a true American HON. LINCOLN DAVIS people on Taiwan? Don’t we believe that the OF TENNESSEE hero.’’ Taiwanese populace counts? IN THE HOUSE OF REPRESENTATIVES On September 21, 2001, a memorial service Taiwan is a democracy. It endorses the Wednesday, September 22, 2004 for Betty was held in San Francisco’s China- UN’s ideals of peace, human rights, and de- town where Betty was born and maintained velopment. It has been a responsible global Mr. DAVIS of Tennessee. Mr. Speaker, I am strong family and community ties. At that time citizen, contributing to aid projects like relief happy to welcome back the 1175th Transpor- Mayor Willie Brown proclaimed September 21 supplies for Afghan refugees, AIDS prevention tation Company of the Tennessee National to be ‘‘Betty Ong Day.’’ This year, the China- in Africa, and the dispatch of a rescue team Guard. The soldiers, who deployed to Fort town Community Development Center is again following earthquakes to El Salvador in 2001. Knox, Kentucky in February 2003, had been in honoring her. If Taiwan were allowed to return to the Kuwait and Iraq since April 2003. When they United Nations, reconciliation and rapproche- returned home in mid-May 2004 they were It is with pride and sadness that I join in ment between Taiwan and the People’s Re- surrounded by loved ones who hadn’t seen paying tribute to Betty’s courage and her her- public of China would help to stabilize the en- them in over a year. oism. I hope it is a comfort to her family that tire Asia-Pacific region for generations to The transportation company was involved in so many people remember and honor her he- come, while making the United Nations a various aspects of transportation, convoy op- roic acts. much more representative body. erations and supply missions. Within the first

VerDate Aug 04 2004 04:38 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A22SE8.009 E22PT1 E1676 CONGRESSIONAL RECORD — Extensions of Remarks September 22, 2004 96 hours of arriving in Kuwait they pulled their RECOGNIZING THE ACCOMPLISH- tion of the Market’s fifty years as a community first mission—not an easy feat. Often, they MENTS OF WOMEN ATHLETES AT landmark. drove Humvees mounted with .50 caliber ma- THE 2004 SUMMER OLYMPICS When Holiday Market opened in 1954, it chine guns, escorting vital equipment through- was a small store up the street from its out Iraq. The unit logged some 2.3 million HON. LOUISE McINTOSH SLAUGHTER present location and in some respects it was miles in the 13 months they were overseas. OF NEW YORK like many other small grocers so common in I am very proud of the safety and perform- IN THE HOUSE OF REPRESENTATIVES those days. It sold the basics and had a meat ance record of the 1175th. They served with counter with a very few employees. distinction by implementing the largest track Wednesday, September 22, 2004 But there was from the beginning a major vehicle movement since World War II not Ms. SLAUGHTER. Mr. Speaker, I rise today difference: the owner, Tom Violante. He took once, but twice in the matter of a few months, to honor the amazing achievements of the a personal interest in every customer who while training in the U.S. They also had the women athletes at the 2004 Olympics in Ath- walked through the door. He wanted every best safety record and operational readiness ens, Greece. In particular, I want to celebrate customer to be satisfied with service, price, status of the other 15 plus transportation com- the success of the United States Women’s and quality. Those who stopped at that small panies working in Iraq/Kuwait. Soccer Team, who made us proud by winning business place can remember Tom at the Iraq is hot, dry, and dusty. Sometimes tem- a gold medal at the 2004 Olympics in Athens, meat counter, friendly and eager to meet a peratures reached upwards of 135 to 140 de- Greece, beating Brazil 2–1 in overtime, on Au- customer’s wishes. In these efforts he was ac- grees. Knowing the numerous dangers and gust 26, 2004. tively joined by his wife Janet. environment it surprised me to read and hear These women have become some of the He also possessed a strong business acu- statements from soldiers such as Sergeant most famous athletic role models on earth. men. When opportunities arose to move down Tommy Adcock say, ‘‘Our Country has taken They have taught our children that if you work the street and expand into much larger quar- care of us, now it’s payback time.’’ hard and you believe in yourself, you can ac- ters, he took the leap. Today Holiday Market It is sad that the 1175th lost two of its own. complish anything. Indeed, these women are provides an adventure in shopping for an Staff Sergeant Nathan Jerome Bailey and helping to fundamentally change perceptions imaginative variety of quality products. Staff Sergeant David Leroy Lyod lost their about athletics. It is no surprise that our little The next generation of his family has taken lives defending a country they cared so deeply girls look up to these strong, motivated women an increased interest. They have sustained about. We need to remember that our country- for inspiration. But to also see little boys wear- the Violante touch of warm friendliness and men are making the ultimate sacrifice in de- ing jerseys emblazoned with the names of superior service. fense of this country. These men and women their favorite women players is a wonderful As busy as Tom Violante was, whether as have served honorably and with distinction. sight. the cog in a small operation and later as his What makes our country so great are all of the I would especially like to recognize Abby enterprise grew, and no matter how involved brave Americans that step up and defend this Wambach, who is from my district in Roch- he and his wife Janet were in raising their great nation. For that I say thank you and God ester, New York. When she scored the goal growing family, Tom and Janet have pos- Bless. that secured the gold medal, nowhere in the sessed a strong community and civic involve- world cheered louder than Rochester. In addi- ment. f tion, every other woman on the Olympic soc- Tom’s community interest was exemplified cer team also deserves our recognition and in his service on the Oak Park Board of Edu- PERSONAL EXPLANATION congratulations: Shannon Boxx, Brandi cation, the Oak Park Citizens School Finance Chastain, Joy Fawcett, Julie Foudy, Mia Committee, President of the Frost Elementary HON. EARL BLUMENAUER Hamm, Angela Hucles, Kristine Lilly, Kristin School PTA, and the Oak Park Boosters Club. OF OREGON Luckenbill, Kate Markgraf, Heather Mitts, Many have been the beneficiaries of Tom and IN THE HOUSE OF REPRESENTATIVES Heather O’Reilly, Cindy Parlow, Christie Janet Violante’s civic interest. Their support of Wednesday, September 22, 2004 Rampone, Cat Reddick, Briana Scurry, Lind- local charitable organizations include the say Tarpley, and Aly Wagner. Royal Oak Lions Club, the Royal Oak Boys Mr. BLUMENAUER, Mr. Speaker, had I As a testament to the power of these and Girls Club, William Beaumont Hospital’s been present for the following votes on Tues- women, their fan appreciation tour, which Speech Therapy Program and Leader Dogs day, September 21, 2004, I would have voted kicks off in Rochester, on September 25, sold for the Blind and Hearing Impaired, among as follows: out all 14,000 seats in just minutes. I have in- others. Rollcall vote 457: 1 would have voted ‘‘yea’’ troduced a resolution in Congress, H. Res. Mr. Speaker, as Tom Violante is ‘‘roasted’’ on the Van Hollen amendment, which pre- 373, which supports the reestablishment of the at the celebration on September 23, in Royal vents OMB from spending any funds to imple- Women’s United Soccer Association (WUSA). Oak, Michigan, I add my personal gratitude to ment the A–76 rewrite changes that were fi- Hopefully, some day the WUSA will return, to a remarkable man who has given so much to nalized on May 29 regarding federal employ- give these amazing female athletes the pro- make his community a better place for all of ees and contractors. fessional athletic opportunities in the United us. I ask my colleagues to join in congratu- Rollcall vote 458: I would have voted ‘‘yea’’ States they so deeply deserve. lating Holiday Market on its golden anniver- on the Sanders amendment. This amendment Thank you to all the women Olympic ath- sary and in wishing Tom Violante, his wife prohibits the use of funds to assist in over- letes for transforming the lives and attitudes of Janet, their five children and fourteen grand- turning Cooper v. IBM—on July 31, 2003, a today’s young women, and for those of gen- children good health and happiness, and con- federal court ruled that IBM’s cash balance erations to come. We all know that girls who tinued success. pension plan violates federal anti-age discrimi- compete in sports perform better in school, f nation law. This amendment protects U.S. are physically healthier and have a stronger workers who have been negatively impacted self-esteem. Our girls have learned that sweat 75TH ANNIVERSARY TRIBUTE TO by age-discrimination cash balance pension is sexy, brawn is beautiful and a little dirt THE CALIFORNIA MARITIME conversions. never hurt anyone. You have truly given us all ACADEMY Rollcall vote 459: I would have voted ‘‘yea’’ a whole lot more to celebrate, work hard for on the Norton amendment. This amendment and dream about. HON. GEORGE MILLER prohibits the use of funds in the bill to enter f OF CALIFORNIA into or renew any contract for a high deduct- IN THE HOUSE OF REPRESENTATIVES ible health plan under the federal employees HONORING TOM VIOLANTE health benefit plan that does not require en- Wednesday, September 22, 2004 rollees to remain enrolled in such plan for at HON. SANDER M. LEVIN Mr. GEORGE MILLER of California. Mr. least 3 consecutive years from the date of ini- OF MICHIGAN Speaker, I rise today to invite my colleagues tial enrollment. IN THE HOUSE OF REPRESENTATIVES to join me in honoring the California Maritime Rollcall vote 460: I would have voted ‘‘yea’’ Academy as it celebrates its 75th anniversary. on the Davis (FL) amendment, which would Wednesday, September 22, 2004 The California Maritime Academy was prohibit the use of funds in the bill to enforce Mr. LEVIN. Mr. Speaker, I rise to honor Mr. founded in 1929 under the name of the ‘‘Cali- new restrictions on travel to Cuba for the pur- Tom Violante, founder and owner of Holiday fornia Nautical School’’ and was located in pose of visiting relatives. Market in Royal Oak, Michigan in a celebra- Tiburon, and is the third oldest active maritime

VerDate Aug 04 2004 04:38 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A22SE8.013 E22PT1 September 22, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1677 academy in the United States. In 1936 the Cal Maritime’s completion and time to degree ington DC, to shine light on what some would U.S. Congress passed the Merchant Marine rates are some of the best of any public insti- like to keep hidden in the shadows, child sex- Act, which directed the creation and mainte- tution in the state. At Cal Maritime, students ual abuse. Bravely using her own personal nance of an adequate merchant marine to benefit from a small student-to-teacher ratio history of abuse as a catalyst for her journal- support U.S. international and domestic com- and small class sizes—with an average of 18 istic treatment of this issue, Ms. Stone is the merce and to meet the needs for national de- students per class. Each student at Cal Mari- author of No Secrets, No Lies: How Black fense. Responding to this mandate, the fed- time has the opportunity to participate in at Families Can Heal from Sexual Abuse, pub- eral government and the California state legis- least one 60-day international training cruise lished by Doubleday/Broadway Books earlier lature began contributing matching funds in aboard the Training Ship Golden Bear. While this year. support of the school’s mission. In these early at sea, students apply the skills learned during Ms. Stone brings an illustrious professional days, only three-year deck and engineering the school year and visit domestic and inter- history to this important cause. She is a 2004 programs were offered. national ports of call. Casey Fellow, one of 30 journalists sponsored In 1939 the school changed its name to the As Cal Maritime celebrates its 75th anniver- by the Casey Journalism Center on Children California Maritime Academy. In 1940, with sary, the future looks bright with applications and Families to attend its five-day seminar war looming, the academy was relocated to for enrollment at an all-time high. The acad- ‘‘Condition Critical: Covering Children’s San Francisco. During World War II, the emy’s strategic plan calls for growth to 750– Health.’’ A 2002–03 Kaiser Media Fellow, she course of study was accelerated to 17 months 800 students in the next few years and Cal was one of six journalists selected by the Kai- and many graduates served in the war. A new Maritime is well on its way to meeting that ser Family Foundation to research and report permanent site for the academy was found on goal. on health issues. Her fellowship project was a 67-acre site at Morrow Cove in Vallejo; in Mr. Speaker, it is appropriate that we con- sexual abuse in Black families. Ms. Stone was 1943 campus construction was completed, gratulate the California Maritime Academy for founding editor in chief of essence.com, the making the site the academy’s permanent its 75 years of contributions to the maritime in- interactive version of the premiere African- home. dustry of our great nation. American women’s magazine, Essence. She In 1973 Cal Maritime became the first mari- f joined the magazine in September 1997 as a time academy to enroll women in a licensed senior editor and ultimately was appointed ex- maritime program, the first of whom graduated SALUTE TO ROBIN STONE AND ecutive editor. Before joining Essence, Ms. in 1976. In 1974 the curriculum was expanded THE D.C. CHILDREN’S ADVOCACY Stone was deputy editor of The Living Section to a four-year undergraduate program, laying CENTER FOR COMBATING CHILD at The New York Times. She came to The the groundwork for accreditation by the West- SEXUAL ABUSE Times from The Boston Globe, where she was ern Association of Schools and Colleges. Nau- an editor in the living/arts department. tical industrial technology and marine engi- HON. ELEANOR HOLMES NORTON I commend Ms. Stone for the courage and neering technology were the four-year majors OF THE DISTRICT OF COLUMBIA eloquence she has shown in bringing this issue before the American people. We know offered at this time. In the late 1980’s, two IN THE HOUSE OF REPRESENTATIVES she has performed an invaluable public serv- new majors in mechanical engineering and Wednesday, September 22, 2004 business administration were added, and the ice in so doing. Indeed, Dr. Alvin F. Poussaint, nautical industrial technology program was re- Ms. NORTON. Mr. Speaker, I rise today to preeminent child psychiatrist and professor at placed by marine transportation. Cal Maritime salute accomplished journalist and author Ms. Harvard Medical School, has commented that currently offers bachelor’s degrees in business Robin D. Stone for her courageous and ‘‘No Secrets, No Lies breaks the silence about administration, facilities engineering tech- thoughtful efforts to bring light to darkness by sexual abuse within the Black community . . . nology, global studies and maritime affairs, educating and raising public awareness about [and] Robin Stone makes a major contribution marine engineering technology, marine trans- the heinous crime of child sexual abuse. I also to the well-being of Black children and fami- portation, and mechanical engineering. A pro- want to acknowledge the outstanding work of lies.’’ Robin Stone’s professional success and her gram of intellectual learning, applied tech- my constituent Safe Shores—the D.C. Chil- personal fulfillment as a wife and mother ex- nology, and leadership development prepares dren’s Advocacy Center in its front line work to emplify that child sexual abuse does not have graduates for positions of significant responsi- support physically and sexually abused chil- to determine the life course of those who are bility in the areas of maritime, business, logis- dren and thank the Center for bringing Ms. victims of this vile crime. Indeed, there is tre- tics, inter-modal transportation, and engineer- Stone to the District of Columbia to give the mendous power, triumph and inspiration to be ing. plenary address at its second annual multi- In addition to earning a bachelor’s degree, disciplinary conference: ‘‘Safe Childhoods: found in the survivor’s story. So, it behooves students earn professional licensing in one of Strengthening D.C.’s Clinical Response to those of us who make and shape the laws several areas: Third Mate or Third Assistant Childhood Trauma.’’ and who care about building a safer and saner Engineer, U.S. Coast Guard; Certified Plant Safe Shores is the coordinating agency for society to listen, learn and heed the lessons Engineer-in-Training, Association for Facilities the District of Columbia’s multidisciplinary from these survivors and the professionals Engineering; or professional certification in team for child abuse investigation and pros- who seek to help them heal and move beyond transportation, management, or international ecution, which is known as the MDT. As a not- the pain. Paying attention to the issues raised business and logistics. The curriculum further for-profit organization Safe Shores works in a in No Secrets, No Lies is our challenge and expanded during the fall of 2003, when Cal unique public-private partnership with the responsibility if we are to keep our promises to Maritime introduced a major in global studies agencies that comprise the District’s MDT, children, that is, to protect every child from and maritime affairs—the first new major to be which are the Metropolitan Police Department, abuse and ensure that all children—regardless accepted after the academy’s full transition Child and Family Services Agency, the Office of what family they are born to—have a safe, into the CSU system. Also in the fall of 2003, of the Attorney General for the District of Co- healthy and happy childhood. Cal Maritime dedicated its new Technology lumbia, the U.S. Attorney’s Office for the Dis- f Center. trict of Columbia, and Children’s National Med- IN RECOGNITION OF DAVID POL- In 1995, Cal Maritime became a campus of ical Center. Safe Shores—The D.C. Children’s LOCK’S SERVICE AS PRESIDENT The California State University (CSU), which Advocacy Center was founded for the express OF THE CALIFORNIA SCHOOL opened new opportunities for educational and purpose of reducing the trauma of child vic- BOARD ASSOCIATION institutional enhancement. By 1996 Cal Mari- tims of abuse during the investigative and time expanded beyond its maritime curriculum, prosecutorial processes. Safe Shores operates HON. ELTON GALLEGLY introducing a facilities engineering technology pursuant to the children’s advocacy center de- OF CALIFORNIA veloped back in the late 1980’s by our es- major. A new science and engineering lab IN THE HOUSE OF REPRESENTATIVES building was completed in 1999. Cal Maritime teemed colleague Representative ROBERT is one of only seven degree-granting maritime ‘‘BUD’’ CRAMER of Alabama when he was a Wednesday, September 22, 2004 academies in the United States, and the only prosecutor. Mr. GALLEGLY. Mr. Speaker, I rise to rec- one on the West Coast. As part of its work, Safe Shores provides ognize David Pollock, a school board member For the last several years, Cal Maritime stu- training and education on child abuse preven- for the Moorpark Unified School District in my dents have enjoyed a nearly 100% job place- tion and treatment for local professionals. It is district, for his service as the 2003–2004 ment rate upon graduation and starting sala- in this context that Robin Stone has brought president of the California School Boards As- ries above the national average. In addition, her vital message to my hometown, Wash- sociation.

VerDate Aug 04 2004 04:38 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A22SE8.017 E22PT1 E1678 CONGRESSIONAL RECORD — Extensions of Remarks September 22, 2004 David Pollock has served on Moorpark’s pared to other elementary schools around the closely and at a young age, as someone who board of education since 1994 and was board nation, Kit Carson may be small in size, but it was wise, and strong, and fair—a great role president in 1998–1999. He also served as is prominent in its standing. model. president of the Ventura County School Mr. Speaker, I am pleased to offer my He was like a father and mentor to me, and Boards Association from 1999–2002. He rep- warmest congratulations to Kit Carson Ele- I’ve been blessed and inspired by the good resented Region 11 as a member of the Cali- mentary for this achievement. words and magnificent examples of this ordi- fornia School Boards Association’s Delegate f nary human being who went about quietly Assembly and served as a member and chair helping youngsters in our community, simply of the California School Boards Association’s IN HONOR OF THE MEMORY OF because of his great goodness and the fact Nominating Committee from 1999–2002. CESAR HERNANDEZ that there were youngsters out there who He has also served on the Legislative Com- needed his help. My friend, State Rep. Doro- mittee, the Federal Issues Council, the Collec- HON. HEATHER WILSON thy Bendross-Mindingall described Mr. Hays tive Bargaining Task Force and as a govern- OF NEW MEXICO as someone who ‘‘. . . will be missed by so mental relations chair and Golden Bell onsite IN THE HOUSE OF REPRESENTATIVES many. He was steadfast and relentless in his mission to make this community a better validator. As president-elect, David Pollock Wednesday, September 22, 2004 served as chair of the Legislative Committee, place, and he did.’’ a board member of the CCS Partnership and Mrs. WILSON of New Mexico. Mr. Speaker, Buddy Hays was a delicately drawn char- a delegate to the National School Boards As- I rise today to honor the memory of Cesar acter of quiet demeanor and dignified commit- sociation. Hernandez. ment to the well-being and growth of the David Pollock completed his undergraduate Cesar died on July 5th of this year at age neediest and most vulnerable in our commu- work at Pepperdine University and earned a 61. His contribution to New Mexico lives on. nity. He projected a vision of service and faith. master’s in business administration from the Cesar was publisher of the Spanish language His passing is a terrible loss, but the legacy of University of California, Los Angeles. He holds newspaper, La Razon. his caring and love lives on, and I am part of a commercial pilot’s license and is the man- With a circulation of 17,000 copies, Cesar’s that legacy. The world is a better place because of Or- ager of market planning for Rocketdyne, a newspaper is a major source of news and in- ange ‘‘Buddy’’ Hays. It would be a high goal business unit of The Boeing Company. formation for the substantial Spanish-speaking for anyone to set to follow the path that he Mr. Speaker, I know my colleagues will population of New Mexico. blazed. thank David Pollock for his service to the This newspaper’s importance to the popu- Moorpark, Ventura County and California lation it serves is difficult to over-emphasize. f school board associations and congratulate We live in an era of news up-to-the minute RECOGNIZING REPRESENTATIVE him for his year as president of the California and always available, but to a person who JAMES T. SEIGFREID School Boards Association. reads or understands primarily Spanish, the f sources of information are often rare or incom- HON. IKE SKELTON plete. La Razon fills that gap and offers its OF MISSOURI CONGRATULATING KIT CARSON readers valuable, practical information for their IN THE HOUSE OF REPRESENTATIVES ELEMENTARY SCHOOL day-to-day lives. Cesar’s family will never forget the day they Wednesday, September 22, 2004 HON. MARILYN N. MUSGRAVE became New Mexicans, because it was Sep- Mr. SKELTON. Mr. Speaker, Missouri State OF COLORADO tember 11, 2001. Cesar started his newspaper Representative James T. Seigfreid, a dedi- IN THE HOUSE OF REPRESENTATIVES one week later. Cesar logged decades of ex- cated public servant, will be leaving the Mis- perience in radio and newspaper, and got his souri House of Representatives. He is retiring Wednesday, September 22, 2004 start in Chicago, Illinois. Today, his work goes after eight years of serving the people of the Mrs. MUSGRAVE. Mr. Speaker, today, I rise on in New Mexico under the direction of his 26th district. to congratulate Kit Carson R–1 Elementary wife, Antoinette, and his family. After graduating from Warrensburg High School in Kit Carson, Colorado for being cho- In three years, Cesar contributed much to School in 1963, he attended Central Missouri sen as a No Child Left Behind Blue Ribbon his adopted state, New Mexico. As his daugh- State University where he received Bachelor School of 2004. The Blue Ribbon Schools pro- ter Leslie put it, ‘‘My father loved the news- of Science in Business Administration in 1972. gram honors public and private K–12 schools paper.’’ We’re proud to recognize Cesar Her- He served in the United States Navy from that are academically superior in their states nandez, and we honor his memory and con- 1968 to 1974. or have demonstrated dramatic gains in stu- tribution to New Mexico. During his tenure, Mr. Seigfreid had many dent achievement. f legislative accomplishments, one of which was Schools chosen for the Blue Ribbon are the passage of an election reform bill. He also meeting the mission of ensuring every child is TRIBUTE TO ORANGE ‘‘BUDDY’’ worked tirelessly for the improvement of Mis- learning and achieving. Blue Ribbon recipients HAYS souri’s state roads. are national models of excellence from which In addition to his dedication to public serv- other schools can learn. I am proud of Kit Car- HON. KENDRICK B. MEEK ice, Jim is a member of the First Christian son R–1 Elementary School for serving as a OF FLORIDA Church of Marshall, the State Corn Husking Committee, Marshall Chamber of Commerce, model in the great state of Colorado, and IN THE HOUSE OF REPRESENTATIVES throughout the entire nation. Optimist Club, and Saline County Unit, Amer- The Blue Ribbon Schools program requires Wednesday, September 22, 2004 ican Cancer Society. schools to meet specific assessment criteria. It Mr. MEEK of Florida. Mr. Speaker, it is with Mr. Speaker, Jim Seigfreid has served the recognizes schools that have at least 40 per- deep sorrow that I rise to inform my col- people of the 26th District for eight years. As cent of their students from disadvantaged leagues of the passing of Orange ‘‘Buddy’’ he prepares for the next stage in his life, I am backgrounds that dramatically improve student Hays, one of Miami-Dade County’s most quiet- certain that my colleagues will join me in wish- performance in accordance with state assess- ly effective and dignified patriarchs and a coming him all the best. ment systems. The program also rewards munity leader and mentor who had the ability f schools that score in the top 10 percent on to transform the lives of everyone he met. HONORING DR. ARIE HALACHMI, state assessments. Mr. Hays death on Sunday, September 12, PROFESSOR AT TENNESSEE Kit Carson’s 37 students scored in the top 2004, has cast a veil of deep sadness over STATE UNIVERSITY’S INSTITUTE 10 percent nationwide in math and reading. our community. The funeral services to cele- OF GOVERNMENT Additionally, Kit Carson Elementary is only brate his life were held Saturday, September one of 27 rural schools in the nation that re- 18, at Mt. Olive Primitive Baptist Church in HON. JIM COOPER ceived the Blue Ribbon title. Miami, Florida. OF TENNESSEE It is an honor to announce this award and Buddy Hays was a good and decent man IN THE HOUSE OF REPRESENTATIVES it is a testament to the exceptional students of who contributed greatly to our community, pro- rural Colorado. It proves that a quality edu- fessionally, as a City of Miami police officer Wednesday, September 22, 2004 cation is obtainable when teachers, parents, and as the District Manager of HUD for more Mr. COOPER. Mr. Speaker, I rise today to and students strive for achievement. Com- than 30 years. But I knew him, much more recognize the remarkable achievements of Dr.

VerDate Aug 04 2004 04:38 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A22SE8.020 E22PT1 September 22, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1679 Arie Halachmi, who has earned a global rep- Our state delegation has joined with the I love Joan and I will never forget what she utation for his work at Tennessee State Uni- New York State Education Department to con- has done for me. As a young girl, she gave versity’s Institute of Government. vene a series of Civics Summits to identify our me lunch money when I needed it, and she Over the last three decades, Dr. Halachmi most pressing needs in civic education. They put up with my frequent visits to spend the has become one of the world’s leading experts have brought together a consortium of over 25 night. That love and support helped me get on public sector performance and produc- governmental and nongovernmental organiza- through the tough times and I will always hold tivity—an expertise that I know here in Con- tions to determine how best to meet these that love in my heart. The way she has lived gress cannot be valued too highly. During his needs, designed an action plan focusing on life has been a constant inspiration to me and distinguished career, Dr. Halachmi has served the importance of teacher training, and sought her Christian example has always been as a consultant to government agencies in out funding from the private sector to begin present for all of us to see. May God bless her more than a dozen countries around the their important work. today as her family and friends celebrate her world. Among the many nations that the world- Mr. Speaker, I am proud of the New York birthday. I love her dearly and cherish her as wide demand for his services has taken him to State civic education delegation and wish a second mother to me. I am pleased to honor are the Netherlands, China, Korea, Israel, them continued success when they participate a precious lady on this occasion of her 80th Germany and Greece. He has received nu- in the Second Annual Congressional Con- birthday. merous national and international awards, in- ference on Civic Education in December. f cluding the Don Stone, Donato Pugliese, and f Harold Lasswell awards, and is on the editorial PROCLAMATION THANKING LIEU- board of nine different academic journals. HONORING JOAN LYNCH ON HER TENANT CHARLES L. WILKINS III Dr. Halachmi was recently honored by his 80TH BIRTHDAY FOR HIS SERVICE TO OUR COUN- colleagues when he received a Faculty Show- TRY case Award from TSU for his outstanding HON. MARILYN N. MUSGRAVE service to his institution and community. He OF COLORADO HON. ROBERT W. NEY IN THE HOUSE OF REPRESENTATIVES has also received a ‘‘Goodwill Ambassador OF OHIO Award’’ from the governor of my State, Ten- Wednesday, September 22, 2004 IN THE HOUSE OF REPRESENTATIVES nessee. l am proud to add my voice to the Mrs. MUSGRAVE. Mr. Speaker, when I was Wednesday, September 22, 2004 many others who have recognized the impor- in fourth grade, my family moved back to Mr. NEY. Mr. Speaker: tance of Dr. Halachmi’s work. Galeton, Colorado. Soon after starting school, The worldwide reputation of scholars such We hereby offer our heartfelt condolences I met a little girl named Cynthia Lynch. We to the family, friends, and community of Lieu- as Dr. Halachmi is testament to the strength of quickly became best friends, and I grew to Tennessee State University and to the tenant Charles L. Wilkins III upon the death of love her family as my own. I have always had this outstanding soldier; and strength of our Nation’s academic institutions. a special place in my heart for her dear moth- We in Congress have an obligation to ensure Whereas, Lieutenant Charles L. Wilkins III er, Joan. Today, with love and gratitude, I was a member of the 216th Engineering Bat- that universities such as TSU remain ade- honor Joan on the occasion of her 80th birth- quately funded, and that our country’s colleges talion of the Ohio National Guard serving his day. great nation in the country of Iraq. He was a and universities continue to lead the world in Joan Lynch was born on October 12, 1924 leader in his unit and is to be commended for scholarship and expertise. My State is fortu- in Greeley, Colorado, and is the third of five the honor and bravery that he displayed while nate to have a wealth of leading academic in- children. There was some confusion about her serving our nation in this time of war; and stitutions, including TSU, and I am proud to name. She was raised on the Colorado prairie say that I am committed to maintaining their Whereas, Lieutenant Charles L. Wilkins III by William and Kathryn Nelson who farmed will be remembered for his unsurpassed sac- excellence. northeast of Ault. In the depression and dust- On behalf of the citizens of the Fifth District rifice of self while protecting others. His exam- bowl days of the 1930s, her family temporarily ple of strength and fortitude will be remem- of Tennessee, I congratulate Dr. Halachmi on left the prairie to find work but did eventually his many contributions to American scholar- bered by all those who knew him. return to the homestead her father had settled Therefore, we join with the family, friends ship. in 1915. She has always considered the prai- f and the citizens of our great nation in thanking rie her home. Lieutenant Charles L. Wilkins III of the United CELEBRATING CONSTITUTION She has always had a passion for books States Army for his service to our country. WEEK AND CIVIC EDUCATION and learning, especially history. She speaks of Your service has made us proud. her education in the one-room school at f HON. MICHAEL R. McNULTY ‘‘North Victor’’ as her favorite school experience. Her sisters and she walked a mile and OF NEW YORK COMMENDING CARL G. STOECKLIN IN THE HOUSE OF REPRESENTATIVES a half to and from school each day, across an open prairie. She later graduated from Central Wednesday, September 22, 2004 HON. MICHAEL G. OXLEY City Colorado High School in 1942, and at- OF OHIO Mr. MCNULTY. Mr. Speaker, this November tended the Teacher’s College in Greeley. IN THE HOUSE OF REPRESENTATIVES millions of young people will take part in one Joan and ‘‘Corky’’ Lynch, were married in of our most cherished American traditions, a 1946 and lived on the East Coast while he Wednesday, September 22, 2004 cornerstone of citizenship, when they exercise was stationed there in the Navy. I’ve seen pic- Mr. OXLEY. Mr. Speaker, I would like to their right to vote. As we celebrate Constitu- tures of them in those early days. What a commend the attention of the U.S. House of tion Week, I’d like to encourage the members goodlooking couple! Representatives to Carl G. Stoecklin upon the of this body, and teachers and parents every- They returned to Colorado in 1947 and completion of his term as President of the Na- where to promote quality civic education. I am farmed in the Milliken area before moving in tional Association of Professional Insurance particularly encouraged by one national effort 1956 to the ranch where Joan continues to Agents (PIA). that seeks to promote that very goal in our live today, northeast of Ault, and only a few Carl Stoecklin is a pillar of the insurance schools. miles from the homestead where she grew up. community in the State of Ohio. As President Around this time last year, the first annual As teenagers, Cindy and I would always gig- of the Broze Insurance Agency of Cincinnati, Congressional Conference on Civic Education gle and be slightly embarrassed when Corky he has spent his entire professional career ad- was launched, sponsored by the Alliance for would leave for work and give Joan a big kiss vising consumers about obtaining the best in- Representative Democracy and co-hosted by on his way out of the house. Really, though, surance coverage for their needs. the four leaders of this and the other body. we loved it. He has been honored as Professional Agent The conference established delegations that Corky passed away in 1999 from cancer. of the year by PIA of Ohio in 1995, and was returned to their states to enact specific poli- He and Joan celebrated 53 years together. I the recipient of the prestigious Dow Reichley cies to restore the oft-overlooked civic mission am so thankful I was able to go and see him Award from PIA of Ohio in 1985. of our schools. I commend Russell Sage Col- before he passed away. I told him how much Carl has served in many positions of re- lege Professor Stephen Schechter, and the I appreciated all he and Joan had done for me sponsibility in PIA for the past quarter century, other members of the New York State delega- growing up. We both cried. The older he got, including as President of the Ohio affiliate of tion, for their leadership to improve civic edu- the more tender-hearted he became. He was the PIA and for the last year as the President cation in our state. 75 years old when he passed away. of the national association.

VerDate Aug 04 2004 04:38 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A22SE8.025 E22PT1 E1680 CONGRESSIONAL RECORD — Extensions of Remarks September 22, 2004 His dedication to the highest standards of HONORING JOHN R. OLIVAS, JR. Whereas, Daniel W. Swonger has devoted professionalism as an insurance agent has himself to serving others through his member- earned Carl the respect of his friends, associ- HON. MARILYN N. MUSGRAVE ship in the Boy Scouts of America; and ates, and business colleagues, and of the in- OF COLORADO Whereas, Daniel W. Swonger has shared IN THE HOUSE OF REPRESENTATIVES surance industry as a whole. his time and talent with the community in As Chairman of the House Financial Serv- Wednesday, September 22, 2004 which he resides; and ices Committee, I recognize the essential and Mrs. MUSGRAVE. Mr. Speaker, I rise to Whereas, Daniel W. Swonger has dem- irreplaceable function that insurance provides pay tribute to the memory of John R. Olivas, onstrated a commitment to meet challenges in our economy. Jr., an outstanding young man from Johns- with enthusiasm, confidence and outstanding Carl G. Stoecklin deserves our commenda- town, Colorado, who tragically lost his life at a service; and tions for his dedicated service to his con- young age. Whereas, Daniel W. Swonger must be com- sumers, profession, and community. John was born Aug. 23, 1985, in Loveland to his loving parents, John R. Olivas, Sr., and mended for the hard work and dedication he f Christine T. ‘‘Tina’’ (Quintana) Olivas. put forth in earning the Eagle Scout Award; John graduated from Roosevelt High Therefore, I join with Troop 86 and Daniel’s IN RECOGNITION OF JUDITH School, where he was on the student council family and friends in congratulating Daniel W. BERSTEIN-BAKER, A 2004 RECIPI- and he was a four-year letterman on the var- Swonger as he receives the Eagle Scout ENT OF THE MARY PHILBROOK sity wrestling team, and won the State Cham- Award. PUBLIC INTEREST AWARD pionship in 2003. He was currently attending the University of Northern Colorado in Gree- f ley, and he was also a member of the UNC HON. ROBERT E. ANDREWS wrestling team. He was also currently working RECOGNIZING THE PHI DELTA OF NEW JERSEY for Affordable Painting in Fort Collins. KAPPA INTERNATIONAL OREGON John loved being with his family and they STATE TEACHER OF THE YEAR IN THE HOUSE OF REPRESENTATIVES loved being with him. John lived a full life and Wednesday, September 22, 2004 he enjoyed fishing, spending time with his friends, clubs, watching movies, HON. DARLENE HOOLEY Mr. ANDREWS. Mr. Speaker, I rise today to snowboarding, and wrestling. He had one sis- recognize and congratulate Judith Berstein- ter, Danielle, 16, who is currently attending OF OREGON Baker as a 2004 recipient of the Mary Phil- Roosevelt High School. She is very active in IN THE HOUSE OF REPRESENTATIVES brook Public Interest Award. This award is volleyball. given annually by the Women’s Law Caucus He was known as a ‘‘good kid’’ who did a Wednesday, September 22, 2004 and the Association for Public Interest Law, in lot of favors for people and he asked for no Ms. HOOLEY of Oregon. Mr. Speaker, it is cooperation with the Rutgers University Law recognition. He loved to play with kids, includ- my honor and privilege today to honor an out- School and its Alumni Association, to acknowl- ing his cousins and young wrestlers. The standing educator from my district who was edge gifted, dedicated individuals who con- younger kids that wrestled looked up to John, recently selected as Oregon’s State Teacher tribute outstanding work on behalf of social and saw him as a hero. It was nothing for him of the Year by Phi Delta Kappa International. justice and equality. to stop by their house to make them feel special. John was a very selfless person and Ms. Bernstein-Baker currently serves as the Meg Greiner is a physical education teacher would do anything for anybody. Executive Director at the Hebrew Immigrant at Independence Elementary School in Inde- Wrestling was one of John’s passions, and pendence, Oregon. Ms. Greiner has been a Aid Society and Council Migration Service of he had dreams of becoming a wrestling coach Philadelphia, which works to ensure the pro- pioneer in innovative physical education pro- some day. Many shared that dream with him grams that get students interested in physical tection and fair treatment of immigrants and and knew he would be able to inspire many refugees, to assist such persons in their ef- activity by making them fun. Every morning, all wrestlers and help them excel. John began students and staff members at Independence forts to become productive members of soci- wrestling at the young age of five. His dad ety, and to educate the larger community Elementary go to the gym to participate in To- used to wrestle and was a volunteer coach. gether Everyone Achieves More Time, or about the positive ways in which new Ameri- His dad got him involved, taking him to wres- cans contribute to society. She brings to this TEAM. Greiner leads a variety of movement tling matches, and he began to really like it. exercises and dances that feature team-build- position a lifelong commitment to fighting pov- From that time on, wrestling was a big part of ing activities and music. Through these daily erty and prejudice. Born to a Jewish immigrant his life. John’s parents were supportive of this sessions that involve exciting and novel activi- who had fled Poland to avoid persecution, she and attended match after match and basked in ties, students have learned more than 50 worked first as a social worker helping to or- their son’s extraordinary talent and discipline. ganize communities and improve neighbor- Survivors are his parents, John R. and Tina dances and five sign language songs. hoods. Ms. Bernstein-Baker went on to grad- Olivas of Johnstown; a sister, Danielle Olivas Greiner’s innovative approach during TEAM uate from Temple University Law School, as of Johnstown; his grandparents, Felix and Time as well as during regular PE classes cre- well as to serve as Counsel to the Support Viola Quintana of Johnstown and Mary Mar- ates an inviting environment in which students Center for Child Advocates and to found the tinez of Loveland, step-grandfather Joe Mar- feel safe enough to participate and take risks, nationally-known Public Service Program at tinez of Loveland; and numerous aunts, uncles which fosters interest in a lifetime of physical the University of Pennsylvania Law School. and cousins. The loss his friends and family activity. But these classes do much more than She continues to contribute valuable leader- feel is tremendous and he will be sorely teaching children about being physically ac- ship in the field and has done notable federal missed. John will always be present in their tive. In addition to learning new physical skills appellate work as well. hearts. and activities, students learn positive behavior It is my honor to pay tribute to John Olivas, Mary Philbrook, for whom the award is and character traits such as teamwork, re- Jr.’s life on the floor of the United States sponsibility, respect, and problem-solving. named, was the first woman admitted to the House of Representatives. May God bless all New Jersey Bar and a founder of the state’s those who mourn his passing. May God com- Ms. Greiner’s excellent work and the sup- first statewide legal aid society, as well as an fort them in the days and years to come. port she has received from school officials and eminent leader in the efforts for women’s suf- f the community has shown that physical edu- frage and the passage of the Equal Rights cation can be a vital part of the educational Amendment. It is in this tradition that the PROCLAMATION RECOGNIZING curriculum that helps students in their physical award is given each year, and it is clear that DANIEL W. SWONGER as well as their social, mental, and academic Ms. Bernstein-Baker’s work has made her development. Schools across the country more than worthy of this recognition. She truly HON. ROBERT W. NEY could benefit by modeling the approach Inde- has demonstrated the difference that one per- OF OHIO pendence Elementary has implemented with son can make in the lives of others, and I offer IN THE HOUSE OF REPRESENTATIVES Ms. Greiner’s leadership. As a former teacher, her my congratulations and best wishes in her Wednesday, September 22, 2004 I am excited to see Ms. Greiner receive the future endeavors. Mr. NEY. Mr. Speaker: recognition she deserves.

VerDate Aug 04 2004 04:38 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A22SE8.029 E22PT1 September 22, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1681 COMMENDING DICK STRAHM to pregnant teens in residence at Sanctuary Hawthorne and thus encouraged residents House, a ministry of Catholic Services in and police to work together to improve their HON. MICHAEL G. OXLEY Baton Rouge. She also has conducted behav- shared community. OF OHIO ioral/temperament assessments of infants Judging by the unanimous vote that allowed IN THE HOUSE OF REPRESENTATIVES placed for adoption through Catholic Commu- Chief Shannon to serve for 3 terms as the nity Services as a post-adoption strategy to President of the Passaic County Chiefs Asso- Wednesday, September 22, 2004 foster family cohesiveness, parental satisfac- ciation, his Vice Presidency and role as State Mr. OXLEY. Mr. Speaker, I would like to tion with the parenting role and optimal infant Delegate of the Hawthorne PBA Local 200, commend to the attention of the U.S. House of development. and his membership in the New Jersey, Na- Representatives the achievements of Dick Dr. Pendergast is a coordinator and tional and International Police Chiefs Associa- Strahm, a great football coach, civic figure, facilitator of a search and support group for tions, Chief Shannon is clearly admired and and role model for our young people. adult adoptees, birthparents, and adoptive par- respected by his peers. The impact of his Dick Strahm’s accomplishments as the head ents. She also serves as an advisor to Lou- leadership will be seen for years to come in football coach at the University of Findlay isiana Adoption Advocates—a legislative Hawthorne and Passaic County. were formally recognized in August when he group dedicated to adoption reform. A mem- Mr. Speaker, I thank Chief Shannon for his was inducted into the National Football Foun- ber of the Louisiana Adoption Advisory Bd. estimable service and wish him well in his dation College Hall of Fame in South Bend, Inc., Dr. Pendergast has served 4 years as much deserved retirement. Indiana. Board secretary and is in her second term as f Simply put, Dick Strahm is Findlay football. Vice Chair in addition to numerous other in- In his 24 years as head coach for the Findlay volvements in scholarship and volunteer pro- IN RECOGNITION OF CAROLE Oilers, he compiled a record of 183–64–5 that grams. WOOD, A 2004 RECIPIENT OF THE included four National Association of Inter- Her fight for Louisiana’s children is a per- MARY PHILBROOK PUBLIC IN- collegiate Athletics (NAIA) championships. His sonal one. The happiness of her reunited fam- TEREST AWARD fourth and final national title came in 1997 ily is a bright example of her commitment. It when the Oilers were a perfect 14–0. During is individuals like Dr. Pendergast and her col- HON. ROBERT E. ANDREWS one remarkable ten-year run, his teams won leagues on the Louisiana Adoption Advisory OF NEW JERSEY nine Hoosier-Buckeye Conference champion- Board who are truly making a difference in our IN THE HOUSE OF REPRESENTATIVES ships. The team’s record in the 1990s was the communities. Wednesday, September 22, 2004 best in the country for NAIA schools. This week the Congressional Coalition on Dick is a 12-time NAIA District 22 Coach of Adoption Institute is honoring Linda and hun- Mr. ANDREWS. Mr. Speaker, I rise today to the Year and four-time National Coach of the dreds of devoted volunteers like her in cere- recognize and congratulate Carole Wood as a Year. With his induction into the National Foot- monies in Washington, DC. I am proud to 2004 recipient of the Mary Philbrook Public In- ball Foundation Hall of Fame, he joins such honor Dr. Pendergast as one of Louisiana’s terest Award. This award is given annually by coaching legends as Woody Hayes, Knute Angels in Adoption. the Women’s Law Caucus and the Association for Public Interest Law, in cooperation with the Rockne, and Amos Alonzo Stagg. f But while my hometown of Findlay is proud Rutgers University Law School and its Alumni of Dick Strahm’s record on the football field, it HONORING HAWTHORNE POLICE Association, to acknowledge gifted, dedicated has even greater respect for the influence that CHIEF JOHN L. SHANNON, JR. individuals who contribute outstanding work on he has had on the lives of the young men in behalf of social justice and equality. his program and in his community. HON. STEVEN R. ROTHMAN Ms. Wood currently serves as the Immigra- Because they do not receive athletic schol- OF NEW JERSEY tion Coordinator at the Camden Center for arships, those who attend NAIA schools truly IN THE HOUSE OF REPRESENTATIVES Law and Social Justice. She has spent much of her career as a devoted advocate for indi- are students first and athletes second. Dick Wednesday, September 22, 2004 Strahm always recognized that. He insisted gent immigrants, beginning first with her work that his players be as diligent in the classroom Mr. ROTHMAN. Mr. Speaker, I rise today to as a VISTA volunteer following her graduation as they were on the field. By teaching the im- honor Police Chief John L. Shannon, Jr. of from Chicago-Kent College of Law. From portance of commitment, discipline, and perse- Hawthorne, New Jersey. Chief Shannon re- there, she went on to serve as supervising im- verance, Dick Strahm has prepared countless tires at the end of September, concluding a migration attorney at Community Legal Serv- young men to become successful business- nearly 36 year career in law enforcement. In ices in Philadelphia, where she not only rep- men, public servants, and husbands and fa- fact, Chief Shannon has spent much of his life resented clients, but also trained attorneys thers. bravely serving our country—first as a deco- and assisted community groups in their efforts. Dick Strahm will be honored at a dinner at rated soldier in the United States Air Force In addition to her current role at the Camden the University of Findlay on Saturday, Sep- stationed in Vietnam and later as a committed Center, which includes working with clients, tember 25. Findlay continues to look to Coach member and leader of Hawthorne’s Police training attorneys, and supervising students at Strahm for advice and guidance. We are glad Force. I commend Chief Shannon for his dedi- the Rutgers Immigration Pro Bono Project, Ms. that the nation now knows what we’ve known cation to our nation and its ideals of justice Wood is the Southern Regional Coordinator all along: our community is blessed to have and freedom, both at home and abroad; Chief for the New Jersey Immigration Policy Net- such a great teacher and leader in our midst. Shannon’s lifetime of service is befitting a true work and the regional representative on state- patriot. wide committees, a Lead Trainer for the Immi- f Since first joining the Hawthorne Police De- grant Legal Resource Center, an extremely RECOGNIZING DR. LINDA partment in 1968, and with each position he active member in the National Catholic Legal PENDERGAST has held between Patrolman and Police Chief, Immigration Network, Inc. (CLINIC), and a Chief Shannon has continually worked to im- member of the Diocese of Camden’s Racial HON. CHRISTOPHER JOHN prove the safety and quality of life for Haw- Justice Committee. OF LOUISIANA thorne residents by involving them in Police I have also had the honor and privilege of IN THE HOUSE OF REPRESENTATIVES Department decisions and programs. Chief working with Ms. Wood personally. She has Shannon was a leader in the development of proved extremely responsive in the context of Wednesday, September 22, 2004 the Cops in Schools program in Hawthorne to emergency constituent cases with which my Mr. JOHN. Mr. Speaker, I rise today to rec- ensure that, while in school, students can con- district office has dealt and has been more ognize Dr. Linda Pendergast from Baton centrate on achievement and not be distracted than willing to share her vast knowledge of im- Rouge, Louisiana—my nominee for the 2004 by concerns for their safety. He established a migration law with my staff in their efforts to Angels in Adoption Award. School Emergency Response Plan, imple- aid my constituents. Additionally, over the past Dr. Pendergast is a reunited birthmother mented a Junior Police Academy, created a several years, she has proved invaluable in who has devoted a large part of her life in vol- traffic unit to focus on motorcycles and drunk her efforts to assist my district office with the unteer service to the adoption community of and aggressive driving, and worked with sen- process of restructuring our immigration case- Louisiana. As a member of the Catholic Com- iors and business owners to create targeted work system. She has devoted considerable munity Services Adoption Advisory Board, she crime prevention programs. Chief Shannon in- time to reviewing our existing system and has provided prenatal education and support troduced the community policing concept to meeting with the relevant staff in my office to

VerDate Aug 04 2004 04:38 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A22SE8.034 E22PT1 E1682 CONGRESSIONAL RECORD — Extensions of Remarks September 22, 2004 modify the casework procedures to meet the earning a master’s degree in English literature stomachs of young children. Her efforts have new standards of the United States Bureau of from Catholic University of America, then improved the food service program in numer- Citizenship and Immigration Services. Her joined the faculty as an English professor. In ous schools across Wisconsin. suggestions and expertise were also instru- 1963, she earned her doctorate from Stanford Marilyn has played an instrumental role in mental in assisting my efforts to dramatically University. the lives of children and their families and her expand the BCIS presence in South Jersey; From 1968 to 1980 she served Dominican selfless desire to improve the nutrition of chil- now, individuals needing the agency’s services University as dean of students, academic dren will be remembered not only by the chil- do not have to travel long distances to other dean, and eventually president. She is remem- dren who walked through the lunch line every- parts of the state to have access to them. It bered for admitting male undergraduates to day, but by the entire La Crosse community. is this dedication and assistance on the part of the all-girls college during her tenure, but to all She will be missed, and we are grateful for the Ms. Wood that demonstrated to me why she who knew her, her contributions were so much work she has done over the past 27 years. was worthy of my personal nomination for this greater. She inspired by bringing out the best f award. in people, teaching by her example of faith Mary Philbrook, for whom the award is and service. Her community work, which PILOT POINT SELECTED AS A named, was the first woman admitted to the earned her an induction into the Marin County PRESERVE AMERICA COMMUNITY New Jersey Bar and a founder of the state’s Women’s Hall of Fame in 1995, included first statewide legal aid society, as well as an championing the needs of children in special HON. MICHAEL C. BURGESS eminent leader in the efforts for women’s suf- education. OF TEXAS frage and the passage of the Equal Rights Retired from teaching in 1997, Sister Sam- IN THE HOUSE OF REPRESENTATIVES uel continued to serve Dominican University in Amendment. It is in this tradition that the Wednesday, September 22, 2004 award is given each year, and it is clear that various capacities until her death, including Ms. Woods’ work has made her more than fundraising for a new chapel to be built on the Mr. BURGESS. Mr. Speaker, it is my great worthy of this recognition. She truly has dem- campus. honor to rise today to recognize the Town of onstrated the difference that one person can Mr. Speaker, Sister Samuel was a mentor Pilot Point, Texas as a Preserve America make in the lives of others, and I offer her my and role model to generations of students and Community. Pilot Point, located in my North congratulations and best wishes in her future friends. Her guiding light will be missed in our Texas District, was one of 26 Texas cities to endeavors. community even as we know her spirit lives on receive this prestigious designation. f in so many around the world. The Preserve America Community program f recognizes communities for their dedication to PROCLAMATION RECOGNIZING protecting and celebrating America’s cultural WILLIAM DAVID THARP RECOGNIZING MARILYN HURT heritage; for using their historic assets for increased economic growth and community revi- HON. ROBERT W. NEY HON. RON KIND talization; and for promoting history education OF OHIO OF WISCONSIN and historical tourism. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES The Preserve America Community program is part of the White House’s Preserve America Wednesday, September 22, 2004 Wednesday, September 22, 2004 Initiative. This initiative is dedicated to pre- Mr. NEY. Mr. Speaker: Mr. KIND. Mr. Speaker, I rise today to rec- serving our country’s heritage, increasing Whereas, William David Tharp has devoted ognize the good works of Marilyn Hurt, who awareness of what as well as who we are as himself to serving others through his member- has served as supervisor of the School Nutri- a nation, and keeping our legacy enhanced, ship in the Boy Scouts of America; and tion Program for the school district of La and intact, for future generations. Since the Whereas, William David Tharp has shared Crosse, Wisconsin for 27 years. Mrs. Hurt has formation of the program, First Lady Laura his time and talent with the community in been dedicated to improving the lives of chil- Bush has recognized more than 100 commu- which he resides; and dren and child nutrition, and I would like to nities with the Preserve America honor. Whereas, William David Tharp has dem- thank her for all her hard work upon her retire- Other components of the program include a onstrated a commitment to meet challenges ment. History Teacher of the Year Award, edu- with enthusiasm, confidence and outstanding Over the years, Marilyn has been an active cational outreach, and grants to assist com- service; and member on numerous community boards, in- munities in preserving their cultural and nat- Whereas, William David Tharp must be cluding the American School Food Service As- ural resources. commended for the hard work and dedication sociation and the Wisconsin School Food I would like to commend Mayor Jerry Alford he put forth in earning the Eagle Scout Award; Service Association. Marilyn has found good and the City Council, as well as all those who Therefore, I join with William’s Boy Scout public policy to be her passion, which she has participated in the Main Street project, for this Troup and his family and friends in congratu- illustrated by serving as a legislative chair on distinction. lating William David Tharp as he receives the Wisconsin’s executive board, six times, and, in f Eagle Scout Award. 1984, she was appointed as regional Rep- PERSONAL EXPLANATION f resentative on ASFSA’s public policy and legislative committee. Further, in July of 2000, HONORING SISTER M. SAMUEL Marilyn was installed as president of ASFSA. HON. MICHAEL M. HONDA CONLAN To better serve her community, she was OF CALIFORNIA mayor of Dakota, Minnesota for two terms, IN THE HOUSE OF REPRESENTATIVES participates in rotary international, and is part HON. LYNN C. WOOLSEY Wednesday, September 22, 2004 OF CALIFORNIA of the La Crosse area hunger task force. IN THE HOUSE OF REPRESENTATIVES Her relentless commitment to improving the Mr. HONDA. Mr. Speaker, on Tuesday Sep- lives of those around her has earned Marilyn tember 21, I was unavoidably detained for roll- Wednesday, September 22, 2004 several honors. In 1994, she was the first recall votes that day. Ms. WOOLSEY. Mr. Speaker, I rise today to cipient of the WSFSA Director of the year Had I been present I would have voted the honor Sister M. Samuel Conlan, who died July award. The Massachusetts school food serv- following: 11, 2004, at the age of 77. Sister Samuel ice association selected Marilyn to receive the Rollcall 457, on the Van Hollen amendment served Dominican University of California in Thomas O’Hearn award, and most recently, prohibiting any funds in H.R. 5025—Transpor- San Rafael in many capacities, including she was the recipient of the prestigious silver tation, Treasury, and Independent Agencies president, for many years. Her association plate award, bestowed by the International Appropriations Act for FY 2005, from being with the school dates back to 1944 when she Food Service Manufactorers Association in used to implement the administration’s ‘‘OMB enrolled as a freshman. 2000. Circular A–76’’ contracting out/privatization ini- Sister Samuel was born Patricia Conlan in Marilyn has nourished the lives of countless tiative, I would have voted ‘‘yea’’, rollcall 458, 1927 and took the name of her father, Samuel children, and I am proud to have had the op- on the Sanders-Miller amendment prohibiting Leo Conlan Jr., when she entered the reli- portunity to have worked with such a com- funds in H.R. 5025 from being used to over- gious life with the Dominican Sisters of San mitted and devoted person. Marilyn’s dedica- turn a 2003 judicial ruling, which held that Rafael in 1949. She taught for five years while tion has satisfied more than the grumbling cash-balance pension conversions violate anti-

VerDate Aug 04 2004 04:38 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A22SE8.037 E22PT1 September 22, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1683 age discrimination statutes, I would have was prophetic, though unsuccessful, in en- who have been named local heroes as part of voted ‘‘yea’’, and on rollcall 459, on the Norton couraging development of a solar village at the Union Bank of California and KPBS His- Amendment prohibiting Federal Employee Hamilton Air Force Base. panic Heritage Month Local Hero Awards, a Health Plans from offering high deductible Steve has always believed that the written program honoring outstanding members of the plans that do not require at least a 3-year min- word should be celebrated. More importantly, Hispanic community. imum enrollment, I would have voted ‘‘yea’’. he has always stuck to the notion that ideas These individuals were selected for their ex- f and activities should be reported on what he ceptional commitment and contribution to San calls the ‘‘human scale’’—focusing on small, Diego through community activism, the arts, PROCLAMATION IN MEMORY OF tangible issues and activities to which people business, education and social services. STAFF SERGEANT DONALD N. can relate. During his career at the Sun, he The 2004 honorees are Sylvia Galvez, DAVIS was passionate about reporting local events, Jovita Juarez, Beatrice Fernandez, Mario local politics and social issues, and local peo- Aguilar and Beatrice Zamora Aguilar, and HON. ROBERT W. NEY ple. Steve was able to bring these elements Lupe Ortega. OF OHIO together, and by doing so, he helped make up Sylvia Galvez: Sylvia Galvez opened a IN THE HOUSE OF REPRESENTATIVES the fabric of the community. group home in 1995 to help troubled female Prior to purchasing the Sun in 1966, Steve teens who had no place to stay, and is now Wednesday, September 22, 2004 was the Sunday editor of the San Francisco operating two six-bed, 24-hour licensed treat- Mr. NEY. Mr. Speaker, I hereby offer my Examiner and Chronicle. He had also been ment facilities in San Diego. Sylvia was in- heartfelt condolences to the family, friends, the executive sports editor of The Examiner, a spired to help these girls because she felt she and community of SSG Donald N. Davis upon writer covering Grand Prix auto racing in Eu- could relate to them. She herself dropped out the death of this outstanding soldier. rope for Car and Driver Magazine, and a re- of high school when she was 16 and pregnant SSG Davis was a member of the 660th porter and editor at The Miami Herald and with her first child. By the age of 21, she had Transportation Company, U.S. Army Reserve, Winston-Salem Journal. Steve became the given birth to three children and was working Zanesville, Ohio serving our great Nation in first president of the National Association of as a painter for both the Navy Public Works the country of Iraq. He was a determined man Alternative Newsweeklys (now AAN), which Department and the painting company of Mr. and a loving husband. SSG Davis did his best has nearly 130 member papers and was a Willie Davis. It was Mr. Davis who helped her to make his country a better place to live. founding president of the California Associa- return to school at the age of 28. She grad- SSG Davis will be remembered for his un- tion of Alternative Newsweeklies (Cal–AAN), uated from City College in 1991 with an A.A. surpassed sacrifice of self while protecting president of the California Society of News- in Liberal Arts and transferred to National Uni- others. His example of strength and fortitude paper Editors and a member of the board of versity where she earned B.A. and M.A. de- will be remembered by all those who knew the California Newspapers Association. After grees in Human Behavior. Recently, she and him. 50 years in journalism, 39 of them at the Pa- her husband purchased an eight-unit apart- While words cannot express our grief during cific Sun, Steve made his decision to sell the ment complex to help foster teens after they the loss of such a courageous soldier, I offer Pacific Sun and move on to other projects at turn 18 years old. this token of profound sympathy to the family, the age of 70. Jovita Juarez: Jovita Juarez is a Prevention friends, and colleagues of SSG Donald N. Steve is proud to have been a resident of Specialist and Community Organizer for the Davis. Mill Valley for so many years. His five chil- North City Prevention Coalition and an activist f dren, and especially his wife Kay, all had an working with SAY San Diego. She uses her active role in the paper at some point in their leadership skills to provide guidance for new HONORING STEVE MCNAMARA OF lives. With his family’s help, Steve made the prevention professionals, helping them be- MILL VALLEY, CALIFORNIA Pacific Sun a success, its reputation as the come more productive and successful. Jovita conscience of Marin County often contrasting is also the chairperson of two countywide pre- HON. LYNN C. WOOLSEY with the area’s daily newspaper. vention efforts: the statewide organization OF CALIFORNIA Mr. Speaker, Steve McNamara’s record so- Latinos and Latinas for Health and Justice, IN THE HOUSE OF REPRESENTATIVES cial activism, ethical reporting, and community where she is the Southern Chair, and the San Diego Cinco de Mayo Con Orgullo Coalition, Wednesday, September 22, 2004 leadership embodies the idea of living and working on the human scale, and as a result, where she has been chair for the past four Ms. WOOLSEY. Mr. Speaker, I rise today to Steve has become an important part of so years. Jovita has volunteered with many orga- honor Steve McNamara of Mill Valley, Cali- many lives in the North Bay. I have enjoyed nizations throughout the years, including the fornia, for his 39 years as editor and publisher working with Steve and wish him luck in his National Council on Alcoholism & Drug, His- of the award-winning and innovative weekly new endeavors. panic Advisory Council-MADD Pass Las newspaper, the Pacific Sun. Steve purchased f Llaves and Youth Access to Alcohol Policy the paper in 1966, and developed it into a Panel, to name a few. She is now writing a newsweekly known for its quality writing, envi- RECOGNIZING SAN DIEGO LOCAL book, God’s Transforming Power, which will ronmental advocacy, commitment to journal- HEROES provide a framework for early leadership de- istic integrity, and strong relationships with the velopment. communities it serves. HON. SUSAN A. DAVIS Bea Fernandez: Bea Fernandez has worked The Pacific Sun, under Steve’s leadership, OF CALIFORNIA for San Diego City Schools for 20 years. She set a national standard for how local news- IN THE HOUSE OF REPRESENTATIVES is currently the program coordinator for the papers can influence the fabric of a commu- San Diego District’s San Diego Parent Univer- nity. The paper told stories about local people Wednesday, September 22, 2004 sity, a four year program designed to help par- and took positions on important social issues, Mrs. DAVIS of California. Mr. Speaker, I rise ents become involved in their children’s edu- fulfilling its mission ‘‘to cover events of ongo- today in honor of Hispanic Heritage Month, cation as academic coaches. Fernandez was ing significance with clarity, intelligence, style, which commemorates the extraordinary con- also the Chair of the Board of MANA, a Na- and wit.’’ tributions that Latinos have made to our coun- tional Latina Organization. She began her The Sun was an influential player in oppos- try throughout history. During this one-month service in 1995 in the San Diego chapter of ing unfortunate environmental projects such as period of celebration and tribute, we honor the MANA, the largest chapter in the nation, and building a nuclear power plant at Bodega Bay culture and achievements of the Hispanic was named MANA Member of the Year in on the San Andreas Fault and filling in Rich- community, all of which have played a historic 1995 for her activism, community service and ardson Bay for Los Angeles style marinas. role in our Nation. commitment to the organization. Fernandez Steve also promoted the creation of Point I am proud, honored and privileged to rep- was born in Calexico, CA and the first in her Reyes National Seashore, preserving the resent California’s 53rd district in Congress. family to graduate from college, earning a B.A. beautiful Marin county coast as a jewel of the My district is extraordinarily diverse and home and M.A. in Education, and an administrative national park system rather than home to to many citizens who are of Latino back- credential from San Diego State University. thousands of commercial and residential sites. ground. Mario Aguilar and Beatrice Zamora-Aguilar: He successfully championed the building of a To commemorate Hispanic Heritage Month Mario Aguilar is Assistant Director of the Early new civic center designed by Frank Lloyd 2004, I would like to highlight the remarkable Academic Outreach Program at University of Wright, now the pride of Mann County, and accomplishments of six San Diego residents California, San Diego. Beatrice Zamora-

VerDate Aug 04 2004 04:38 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A22SE8.042 E22PT1 E1684 CONGRESSIONAL RECORD — Extensions of Remarks September 22, 2004 Aguilar is Interim Dean of the School of Coun- teners on NPR and Sirius satellite radio enjoy PROCLAMATION RECOGNIZING seling and Personal Development at South- Ms. Rehm’s refuge from the typical talking JARED BLOOM western College. In 1975, Mario became in- head radio hosts who don’t listen. volved with the ancient indigenous dance tra- While she has hosted the biggest names in HON. ROBERT W. NEY dition called Danza Azteca. In 1980 he and public life, some of Ms. Rehm’s most fas- OF OHIO Beatrice were married and together they cinating conversations are with callers or IN THE HOUSE OF REPRESENTATIVES formed their own dance circle, Danza guests who are being interviewed for the first Wednesday, September 22, 2004 Mexicayotl. Their dance circle was recognized time. As she says, ‘‘It’s crucial we hear not on December 12, 1980 in Mexico City at the only the voices of policymakers and experts, Mr. NEY. Mr. Speaker: Basilica of Our Lady of Guadalupe at a tradi- but that everyone has a chance to offer their Whereas, Jared Bloom has devoted himself tional dance ceremony. Since that time, Mario opinions and ask questions.’’ Topics on the to serving others through his membership in and Beatrice have consistently offered free show range from the war in Iraq to the art of the Boy Scouts of America; and dance classes to the communities of San landscape design. Whereas, Jared Bloom has shared his time Ysidro and Sherman Heights. Danza and talent with the community in which he re- Ms. Rehm is also part of a tradition of public Mexicayotl has gained status as a non-profit, sides; and figures who turn adversity into a public serv- 501(c)(3) organization and has as its mission, Whereas, Jared Bloom has demonstrated a ice. In 1998, her career nearly came to a halt ‘‘To preserve and teach the indigenous tradi- commitment to meet challenges with enthu- because of a mysterious speech problem. She tions of Mexico and the Southwestern U.S.’’ siasm, confidence and outstanding service; took a leave of absence from the show until Danza Mexicayotl has become an active and and she was diagnosed and treated for spasmodic well established dance tradition known Whereas, Jared Bloom must be com- dysphonia, a neurological disorder. Not one to throughout San Diego, California, the United mended for the hard work and dedication he be defeated, she returned to the show and States and in Mexico. Under the leadership of put forth in earning the Eagle Scout Award. made a point of bringing attention to the con- Mario and Beatrice, many other dance groups Therefore, I join with the residents of dition by writing a book and speaking out have formed throughout California and the Rayland, the entire 18th Congressional Dis- about her disease. Shortly after her return to Southwestern United States. Together, these trict, Jared’s family and friends in congratu- radio in 2000, she interviewed President Clin- groups help proliferate the songs, dance and lating Jared Bloom as he receives the Eagle ton and became the first radio talk show host spiritual movement of this ancient tradition Scout Award. to interview a sitting President in the Oval Of- from Mexico. f Lupe Ortega: Lupe Ortega is the Business fice. Manager for O’Day Consultants, a civil engi- I’m sure I join many of my colleagues and HONORING TYLER HAMILTON’S neering firm in North County, where she uses the American public in thanking Ms. Rehm for GOLD MEDAL IN THE MEN’S CY- her bicultural background and bilingual skills 25 thought-provoking years. Again, we con- CLING TIME TRIALS as assets in her job. She is also a licensed gratulate her and we look forward to many real estate agent operating under Lupe Ortega more years of The Diane Rehm Show to HON. MARK UDALL Enterprises/PMT Companies, a public notary come. OF COLORADO and member of the San Diego Association of IN THE HOUSE OF REPRESENTATIVES Realtors. Ortega strongly agrees with giving f Wednesday, September 22, 2004 back to the community and she donates her time, talents and skills by serving as a director 2004 TEXAS HONOR SCHOOL BOARD Mr. UDALL of Colorado. Mr. Speaker, I rise on a number of boards and committees. She FOR LEWISVILLE today to congratulate a constituent of my dis- is also a skilled photographer and had some trict, Tyler Hamilton, who won the gold medal of her work published in Photographers Forum in the Men’s Cycling Time Trials in Athens last Best Photography Annual 1999. HON. MICHAEL C. BURGESS month. Tyler finished the time trials with a time Today, with an estimated Hispanic popu- OF TEXAS of 57 minutes and 37.74 seconds. Many of you in this chamber may remember lation of over 39 million in our country, we IN THE HOUSE OF REPRESENTATIVES must also recognize that our efforts to com- Tyler in last year’s Tour de France, when he memorate Hispanic culture should not be lim- Wednesday, September 22, 2004 finished fourth after he broke his collarbone in ited merely to a one-month period. This is an the first stage of the race. However, Tyler’s Mr. BURGESS. Mr. Speaker, today I would outlook that each of the six San Diego Local athletic career did not begin with cycling. He like to congratulate one of my hometown Heroes embodies. These community leaders began skiing competitively with the University school districts for its outstanding achieve- have used their skills and experiences to em- of Colorado ski team in the early 1990s. How- ments and recently being named the 2004 power others. Their time and efforts are truly ever, after a mountain biking injury ended his Texas Honor School Board by the Texas As- changing the lives of those around them. ability to continue to ski competitively he I hope you, Mr. Speaker, and all of my col- sociation of School Administrators. turned to cycling. Within a year Tyler became leagues will join me in honoring these unsung Among the factors that resulted in the rec- the NCAA cycling champion. He has contin- heroes and their accomplishments for the ognition of the Lewisville School Board were ued to compete in a series of stage and one- Latino community. its vision, commitment, and leadership as pol- day races, including becoming the first Amer- ican to win the Liege-Bastogne-Liege, an an- f icy makers; commitment to the improvement of student performance and evidence of aca- nual 165 mile race held in Belgium. HONORING DIANE REHM FOR 25 demic achievement; evidence of strong com- Tyler is also actively involved with the Tyler YEARS OF RADIO BROADCASTING munity support for the district; cooperation Hamilton Foundation which works with the Na- among board members and the super- tional Multiples Sclerosis Society and Junior HON. FORTNEY PETE STARK intendent; and evidence of successful school- Cycling. His foundation helps to provide care OF CALIFORNIA business partnerships. management for people affected by MS as well as promotes ways for people with MS to IN THE HOUSE OF REPRESENTATIVES Congratulations to the following members of relieve social isolation and provides tools to the Lewisville district school board: Mark Wednesday, September 22, 2004 live a fulfilling life while living with the disease. Shaw, Fred Placke, Carol Kyer, Anita Nelson, Mr. STARK. Mr. Speaker, I rise to congratu- Tyler is also working to promote the sport of Tom Kim, Mike McDaniel, and Tom Ferguson late Diane Rehm, who today enters her 25th cycling in the United States so that young as- for the honor. year of hosting her WAMU radio show, The piring cyclists can make it over the many hur- Diane Rehm Show. Her show is a true public I am delighted that your award-winning per- dles to reach success in the sport. His founda- service and she deserves our thanks and rec- formance has garnered you this recognition. tion is working to broaden exposure to the ognition for her efforts. Your work is greatly appreciated. sport of cyclists and expand organized cycling In this era of 30-second soundbites, style The Lewisville school district has a history for the youth of America. over substance, and reporters interviewing of outstanding distinction throughout the state Tyler has made more than just a name for other reporters, The Diane Rehm Show offers of Texas and continues to pursue educational himself in the cycling world; he has made a two hours per day of thoughtful, balanced ex- excellence. Every member is vital to the over- name for the sport of cycling in the United amination of the issues. In fact, 1.4 million lis- all goal and performance of the board. States. I am sure I join many people in our

VerDate Aug 04 2004 04:38 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A22SE8.046 E22PT1 September 22, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1685 Nation as I express pride and appreciation for weeks to eighteen years. Their entry into the enjoy fresh vegetables and fruit grown from all Tyler has done for the sport of cycling and world of foster parenting was inspired by their their own classroom gardens prepared by a particularly his admirable representation of our daughter who had a friend who was a foster volunteer teacher. nation in the 2004 Summer Olympics Games. child. Because of her interest, Antonio and The Oak Grove School District is integral to f Martha decided to become foster parents, and the community. The community shares in the they have never looked back. learning experiences of the students as they TRIBUTE IN HONOR OF GREGORY Two years ago, they adopted one of their test new ideas and understands that we must MOORE OF EMMETT TOWNSHIP, MI foster children who is now a happy five-year all work together to prepare our students to be old who loves and is loved by his family, in- our nation’s future leaders. HON. NICK SMITH cluding the biological children of his parents— Mr. Speaker, I am honored to recognize the Oak Grove School District for its commitment OF MICHIGAN his 16 year old brother and 23 year old sister. Besides being a foster parent and adoptive to extend education beyond the classroom IN THE HOUSE OF REPRESENTATIVES parent, Antonio has served as President of the and into the community for one hundred and Wednesday, September 22, 2004 Imperial Valley Foster Parents Association, fifty years. Mr. SMITH of Michigan. Mr. Speaker, I rise and he is currently serving as Facilitator, ar- f today to honor the achievements of a good ranging weekly training meetings for the foster parents in Imperial County, California. Martha PROCLAMATION RECOGNIZING MS. friend. Mr. Gregory Moore of Emmett Town- NICOLE HARDESTY ship, Michigan, was recently elected the Chair- is now President of the Association which man of the Calhoun County, Michigan Board works in cooperation with Imperial Valley Col- of Commissioners. lege and the State Department of Social Serv- HON. ROBERT W. NEY A Western Michigan University alumnus and ices. OF OHIO graduate fellow of the prestigious Michigan A celebratory banquet is being held tomor- IN THE HOUSE OF REPRESENTATIVES Political Leadership Program, Greg has ac- row evening, Thursday, September 23rd, to Wednesday, September 22, 2004 complished many good deeds with his exten- honor all the nominated Angels in Adoption. Mr. NEY. Mr. Speaker: sive local, civic and political involvement. For Attending the celebration will be actress Jane Whereas, Ms. Nicole Hardesty is a student 14 years, he worked in the Radiology Depart- Seymour, PGA golfer Kirk Triplett, and Gen- at Utica High School in Utica, Ohio; and ment in the Battle Creek Health System. He eral Manager and Senior Vice President of the Whereas, Ms. Nicole Hardesty is the recipi- also co-owned and operated a small recycling Orlando Magic, Pat Williams. My Angels, An- ent of the Best Buy Scholarship, a nationwide business in Calhoun County. Greg is currently tonio and Martha, will be joining me in attend- program that awards students on the basis of serving his third term on the Calhoun County ing the banquet, with travel arrangements the exceptional community service and solid aca- Board of Commissioners and his 10th year as courtesy of Southwest Airlines and Pardee demic performance; and a member of the Emmett Township Planning Construction Company. Whereas, Ms. Nicole Hardesty must be Commission. He is a former neighborhood I am sincerely proud of Antonio and Martha, commended for her dedication and devotion to council president and George Award honoree because they have given of themselves for the her community and academia; and for outstanding service to the community. benefit of the lives of so many children. Whereas, Ms. Nicole Hardesty has dem- Greg currently serves on a number of local Through their example, they are an inspiration onstrated a willingness to be a leader and a boards and committees including: Character to other foster and adoptive parents in the role model for the students of Utica High Unlimited, International Festival of Lights, Bat- community in which they live. School. tle Creek Area International Relations Com- It is an honor to recognize their significant Therefore, I join with the residents of the en- mittee and the Substance Abuse Council of contributions and to designate them as my An- tire 18th Congressional District of Ohio in hon- Greater Battle Creek, just to name a few. He gels in Adoption. oring and congratulating Ms. Nicole Hardesty has also been a Congressional District Direc- f and the Best Buy Children’s Foundation for tor for five years. her outstanding accomplishment. He has been married for 15 years to his OAK GROVE UNION SCHOOL DIS- wonderful wife, Becky. Mr. Speaker, I am TRICT CELEBRATES 150TH ANNI- f VERSARY proud to call Greg Moore a great American. PERSONAL EXPLANATION f HON. LYNN C. WOOLSEY MY ANGELS IN ADOPTION: HON. THOMAS G. TANCREDO OF CALIFORNIA ANTONIO AND MARTHA GOMEZ OF COLORADO IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES HON. BOB FILNER Wednesday, September 22, 2004 Wednesday, September 22, 2004 OF CALIFORNIA Ms. WOOLSEY. Mr. Speaker, I rise today to Mr. TANCREDO. Mr. Speaker, I was out of IN THE HOUSE OF REPRESENTATIVES honor the Oak Grove Union School District on town on official business yesterday, and the occasion of its 150th anniversary. Estab- missed Rollcall Vote numbers 457, 458, 459, Wednesday, September 22, 2004 lished in 1854, the school district is the sec- and 460. Had I been present, I would have Mr. FILNER. Mr. Speaker, I rise today to ond oldest continuing school district in the voted ‘‘no’’ on rollcall 457, ‘‘no’’ on rollcall 458, recognize two residents of my Congressional state of California. ‘‘no’’ on rollcall 459, and ‘‘no’’ on rollcall 460. District, Antonio and Martha Gomez, who I Wm. M. Rider, the first teacher FOR whom f have selected as my nominees for the sixth records are available, in 1857 had a daily at- annual Angels in Adoption Award. tendance of 18 students. By 1858, attendance PERSONAL EXPLANATION The Awards are an opportunity to honor grew to 32 children. Currently, the district has dedicated constituents for their efforts in help- over 650 students in grades K–8 supported by HON. ELTON GALLEGLY ing children, as well as an opportunity to raise the two schools in the district: Oak Grove Ele- OF CALIFORNIA mentary and Willowside School. awareness about adoption. Members of Con- IN THE HOUSE OF REPRESENTATIVES gress are asked by the Congressional Coali- For one hundred and fifty years, the Oak tion on Adoption Institute to select an indi- Grove School District has educated numerous Wednesday, September 22, 2004 vidual, couple or organization from their district generations in Graton. This excellence would Mr. GALLEGLY. Mr. Speaker, on Wednes- who has made a difference in the lives of chil- not have been possible without the support day, September 15, I was unable to vote on dren, either through adoption, foster care or and efforts of the teachers, parents and com- the Hefley amendment (rollcall 455) and on child welfare advocacy. munity. the Moran amendment (rollcall 456) to H.R. I selected Antonio and Martha as my Angels The community supports and benefits from 5025, the Transportation, Treasury and Inde- in Adoption because for the past eight years, the environmental friendly program at the Oak pendent Agencies Appropriations Act for FY they have provided a safe and loving home to Grove School. The school has reduced its 2005. Had I been present, I would have voted a dozen foster children, ranging in age from 2 landfill waste by nearly 90 percent. Students ‘‘no’’ on both amendments.

VerDate Aug 04 2004 04:38 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A22SE8.050 E22PT1 E1686 CONGRESSIONAL RECORD — Extensions of Remarks September 22, 2004 HONORING DEDE BARRY SILVER Manuel is the Army’s primary policy person Dr. Levy is a member of the Board of Trust- MEDAL IN THE WOMEN’S CY- dealing with base closure and realignment ac- ees of the Palo Alto Medical Foundation and CLING TIME TRIALS tions. the Boards of Directors of Pharmacyclics, Inc. Throughout his career, Mr. Manuel has pro- and the California Healthcare Institute. He is a HON. MARK UDALL vided outstanding leadership, advice, and past Chairman of the Board of Directors of sound professional judgment on significant OF COLORADO AeA, and served on the Board of Directors of issues that affected both the Army and the IN THE HOUSE OF REPRESENTATIVES the Diagnostic Imaging and Therapy Systems Congress. His actions and counsel were in- Division of the National Electrical Manufactur- Wednesday, September 22, 2004 valuable to Army leaders and Members of ers Association. Mr. UDALL of Colorado. Mr. Speaker, I rise Congress as they considered the impact of im- I ask my colleagues to join me in recog- today to honor one of my constituents, Dede portant issues. Mr. Manuel’s dedication to ac- nizing the extraordinary leadership and con- Barry of Boulder, Colorado. Dede represented complishing the Army’s mission has been ex- tributions of Dr. Richard M. Levy as he re- our country in the Summer Olympic Games in traordinary. He has been a truly outstanding ceives the AeA Medal of Achievement Award. Greece last month. While there she won the career civil servant and will be missed by the f silver medal in the Women’s Cycling Time United States Army. Trials, a 14.9 mile road race, with a finishing f PROCLAMATION RECOGNIZING MS. LESLIE FEHRMAN time of 31 minutes and 35.62 seconds. HONORING RICHARD M. LEVY, Dede at a young age showed talent as an Ph.D. athlete not only in cycling but speed skating, HON. ROBERT W. NEY which was her first sport. At the age of 13 she HON. ANNA G. ESHOO OF OHIO qualified for the Junior National Team in IN THE HOUSE OF REPRESENTATIVES speed skating. As part of her cross training OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Wednesday, September 22, 2004 she began cycling in the summer and eventually competing during the summer when she Wednesday, September 22, 2004 Mr. NEY. Mr. Speaker: was not skating. In 1989, she won the Junior Ms. ESHOO. Mr. Speaker, it is a privilege to Whereas, Ms. Leslie Fehrman is a student World Cycling Championships. recognize Richard M. Levy, Ph.D., my con- at Utica High School in Utica, Ohio; and Eventually she chose to focus strictly on cy- stituent from the 14th Congressional District of Whereas, Ms. Leslie Fehrman is the recipi- cling. Since that time she has won two gold California and Chairman, President and CEO ent of the Best Buy Scholarship, a nationwide medals at the Pan American Games, two of Varian Medical Systems, who will be award- program that awards students on the basis of world championship medals and six national ed the AeA 2004 Medal of Achievement on exceptional community service and solid aca- championship titles. By winning the silver October 7, 2004. Dr. Levy will join a very se- demic performance; and medal in Women’s Cycling Time Trials she be- lect group of high-tech leaders who have re- Whereas, Ms. Leslie Fehrman must be com- came only the fourth road cycling medal won ceived this honor, including William Hewlett mended for her dedication and devotion to her by an American woman cyclist. and David Packard of Hewlett Packard, Ross community and academia; and The sport of cycling has recently received Perot of Electronic Data Systems, Thomas J. Whereas, Ms. Leslie Fehrman has dem- increase exposure to the American public. Watson, Jr. of IBM, and Gordon Moore and onstrated a willingness to be a leader and a However, most of that exposure has been in Andrew Grove of Intel. role model for the students of Utica High Men’s cycling. Dede’s silver medal win has The AeA Medal of Achievement is pre- School. opened doors to increase exposure to wom- sented annually to recognize an individual who Therefore, I join with the residents of the en- en’s cycling and encouraging young girls to makes significant contributions to the ad- tire 18th Congressional District of Ohio in hon- take up the sport. vancement of and service to their community, oring and congratulating Ms. Leslie Fehrman Again, I would like to congratulate Dede on the high-tech industry, and humankind. It is and the Best Buy Children’s Foundation for her silver medal and thank her for so proudly the highest award presented by AeA, the Na- her outstanding accomplishment. representing our Nation and the State of Colo- tion’s largest hightech trade association. f rado in the Olympic Games. Varian Medical Systems was created in TRIBUTE TO CHILDREN’S HOS- f 1999 when Varian Associates, Inc., a company Dr. Levy joined in 1968, was divided into PITAL AND RESEARCH CENTER HONORING MR. DONALD R. three separate companies. It provides high en- IN OAKLAND, CALIFORNIA MANUEL ergy radiation machines and associated hardware and software for treating cancer, and x- HON. BARBARA LEE HON. JOE WILSON ray tubes for imaging in medical, scientific and OF CALIFORNIA OF SOUTH CAROLINA industrial applications. With over 2,500 radio- IN THE HOUSE OF REPRESENTATIVES therapy systems in place delivering treatments IN THE HOUSE OF REPRESENTATIVES Wednesday, September 22, 2004 to more than one million cancer patients per Wednesday, September 22, 2004 year, including over 50 percent of all cancer Ms. LEE. Mr. Speaker, I am grateful for the Mr. WILSON of South Carolina. Mr. Speak- patients in the U.S., the company holds a opportunity today to pay tribute to the Chil- er, Mr. Donald R. Manuel has distinguished clear leadership position in this technology. dren’s Hospital & Research Center at Oakland himself by exceptionally meritorious achieve- Varian Medical Systems also ranks as the for its outstanding research in the area of ments in public service to this Nation by serv- world’s largest merchant supplier of x-ray childhood obesity—a growing epidemic among ing the United States Army for over 39 years. tubes, including products for use in CT scan- children—as well as for the superior care it After being drafted in 1964, Mr. Manuel re- ners, mammography units, and other diag- provides its young hospital patients. ceived his commission as a Second Lieuten- nostic systems. A biomedical center of international renown, ant, Field Artillery. Demonstrating keen exper- Dr. Levy earned his bachelor’s degree from the Children’s Hospital & Research Center at tise and artillery skills, he moved through var- Dartmouth College and his doctorate in Nu- Oakland is Northern California’s premier re- ious positions in the units at Fort Sill, Okla- clear Chemistry from the University of Cali- source for children’s health and has been a homa and the US Army Engineer Supply Cen- fornia at Berkeley. He began his business ca- center of excellence in pediatric healthcare, ter, St. Louis, Missouri. reer at the Monsanto Company where he ap- research, child advocacy, and medical training In 1968, Mr. Manuel began his superior ca- plied his scientific background as a research since 1912. reer as a United States Army Civilian em- specialist and project manager in both basic The Children’s Hospital houses the Bay ployee as Program Manager for Value Engi- and applied research. Within Varian, prior to area’s only pediatric Emergency Unit—treating neering, Methods and Standards, and Com- assuming management and CEO duties, he over 54,000 young patients a year, Northern mercial Activities. Because of his dem- gained experience in sales, marketing, serv- California’s only Pediatric Trauma Center— onstrated abilities, in 1980 he was moved to ice, R&D, and various corporate functions as treating more than 6,000 critically injured chil- his current position as the Assistant for Gen- well as managing the corporate Quality Pro- dren a year, as well as California’s busiest pe- eral Engineering in the Office of the Deputy gram. Dr. Levy served as senior vice president diatric Intensive Care Unit. In its dedication to Assistant Secretary of the Army (Installations from 1989 to 1992, and executive vice presi- address the epidemic of childhood obesity, the and Housing), Assistant Secretary of the Army dent until 1999, when Varian Medical Systems Children’s Hospital offers weight and nutri- (Installations and Environment). Currently Mr. was formed and he was named CEO. tional programs for children and their families

VerDate Aug 04 2004 04:38 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A22SE8.057 E22PT1 September 22, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1687 to help promote healthy habits. The Hospital’s due process, and the supremacy clause. Con- the depredations of the political branches. If new ‘‘Healthy Eating, Active Living’’ Clinic progress is challenging Justice John Marshall’s the judiciary is too cowed or disabled to provides nutritional and physical training as well famous pronouncement from Marbury v. Madi- tect us, each citizen will be at the mercy of the as counseling services for overweight children. son that it is the province of the courts to ‘‘say evershifting political winds. Researchers at the Hospital and Research what the law is.‘’ f Center have pioneered advances in the diag- On top of that, permitting state courts to be nosis, prevention, and treatment of childhood the final arbiters of federal constitutional law PASTOR CARL KRUEGER CELE- obesity. In the Research Center, over 300 will bring disarray to the Nation, also in viola- BRATES THREE ANNIVERSARIES basic and clinical investigators come together tion of the Constitution. The Supremacy ON OCTOBER 1, 2004 in an environment that fosters collaboration Clause of article VI states that the Constitution and an exchange of ideas for saving and im- shall be the supreme law of the land, but di- HON. GERALD D. KLECZKA proving lives. viding our Nation into fifty different legal re- OF WISCONSIN I ask my colleagues in the House of Rep- gimes is the antithesis of this sacred principle. IN THE HOUSE OF REPRESENTATIVES resentatives/Senate to join me in paying trib- Enacting these proposals would constitute an Wednesday, September 22, 2004 ute to the Children’s Hospital & Research undesirable precedent and lead to further as- Center at Oakland for the excellent care it pro- saults on the Judiciary. Mr. KLECZKA. Mr. Speaker, on Friday, Oc- vides its young patients as well as for the out- Considering that the highest court in our tober 1, 2004 a celebration at St. John’s Lu- standing strides it has made in the research of land has not issued a single opinion under- theran Church in Cudahy, Wisconsin will be childhood obesity. mining the Pledge or the Defense of Marriage held to honor Pastor Carl Krueger. This spe- Act, it is inexcusable to attack the judiciary to f cial occasion will acknowledge three anniver- score political points. saries for Pastor Krueger. The celebration will THE ASSAULT ON THE INDEPEND- The irony is that the House is celebrating mark his 30th year of ordination in the min- ENCE OF THE FEDERAL JUDICI- Justice John Marshall by authorizing a com- istry, 25 years that he has faithfully served the ARY memorative coin in his honor, at the same parishioners of St. John’s Church in Cudahy time that it is passing the Pledge Protection and 20 years of exemplary service as Chap- HON. JOHN CONYERS, JR. Act and the Marriage Protection Act. These lain of the Wisconsin Air National Guard’s bills are entirely inconsistent with Marbury v. OF MICHIGAN 128th Refueling Wing from which he is retir- Madison, Justice Marshall’s seminal opinion. IN THE HOUSE OF REPRESENTATIVES ing. At a time when it is more important than ever Reverend Krueger was born and raised in Wednesday, September 22, 2004 that our Nation stand out as a beacon of free- River Rouge, Michigan, in a ‘‘down river’’ area Mr. CONYERS. Mr. Speaker, I must inform dom, we should not countenance bills that un- of Detroit. He received a B.A. degree from the you that Congress in general, and the House dermine the very protector of those free- University of Michigan, Ann Arbor, and a Mas- of Representatives in particular, is engaged in doms—our independent judiciary. ter of Divinity Degree from Concordia Semi- These unprecedented court stripping bills an unprecedented assault on the Judiciary, nary, Springfield, IL. Reverend Krueger then are nothing more than modern day versions of the crown jewel of our constitutional system. served as a vicar at Redeemer Lutheran ‘‘court packing.’’ Just as President Franklin In the last 2 years, Congress has under- Church in Marquette, Michigan. Roosevelt’s efforts to control the outcome of taken a series of discrete, but interrelated ac- It is apparent that Reverend Krueger is a the Supreme Court by packing it with loyalists tions that undermine our constitutional frame- man who is revered by his church members, was rejected by Congress in the 1930s, there- work. By hamstringing, harassing, and weak- respected by his military associates and highly by preserving the independence of the federal ening the Judicial Branch, these actions regarded by those in the community who are judiciary, so too must this modern day effort to threaten to rob the Judiciary of its independ- familiar with the volunteer work that he has ence. The House has pushed unconstitutional show the courts ‘‘who is boss’’ fail as well. Last year, Congress undertook another line done over the years in supporting issues re- legislation to prevent the courts from reviewing of attack against the Judiciary through the garding the elderly and public health. legislation, to take away the ability of judges to controversial ‘‘Feeney amendment.’’ This mis- Pastor Krueger is a family man, having issue fair sentences in criminal cases, and to guided legislation eliminated most of the dis- been married to his wife Dianne since 1971. intimidate judges into following politically con- cretion judges had when making sentencing He and his wife have five children, including servative beliefs when making rulings. determinations. two sets of twins. If enacted, these bills would, for the first If we have learned anything over the years, Combining parish work and chaplain work time, prevent federal courts from reviewing the it is that mandatory minimum sentences are has provided diverse challenges and opportu- constitutionality of federal laws: counterproductive. They do not reduce crime. nities for Reverend Krueger. He is well loved First, H.R. 3313 (Marriage Protection Act) They punish the smaller players and their fam- by the many members of the church that he prevents federal courts and the Supreme ilies. They distract from dealing with the real has served over the past 25 years and has Court from reviewing challenges to the De- problems. And they waste precious resources. distinguished himself in the military by receiv- fense of Marriage Act. It passed the House Moreover, the amendment’s imposition of ing a number of awards including the Air this past July by a vote of 233–194. burdensome reporting requirements, combined Force Commendation Medal, the Air Force Second, H.R. 2028 (Pledge Protection Act with Congress’s demonstrated willingness to Achievement Medal and the Air Force Out- of 2003), which prevents courts created by investigate the sentencing practices of specific standing Unit Award. Congress and the Supreme Court from re- judges, represent a shameless attempt to in- Reverend Krueger, it is with great pleasure viewing First Amendment challenges to the timidate judges. that I extend my best wishes to you on the Pledge of Allegiance. This will be on the Last, but not least, I am concerned that by three anniversaries that you celebrate today House floor on Thursday, September 23, failing to provide judges with annual cost of and send my congratulations on your lifelong 2004. living adjustments over the last decade, fed- achievements and contributions to your Finally, H.R. 3799 (Constitution Restoration eral judges have faced the equivalent of a church, community and to your country. Act of 2004) is a response to anger at two $77,000 reduction in salary. In the last 30 f federal court decisions that cited foreign law years, while average pay has increased 12 and found certain governmental invocations of percent for most workers, it has decreased 25 PROCLAMATION HONORING BOBBY God to violate the First Amendment. H.R. percent for judges. This has made it increas- D. YOUNG ON HIS 80TH BIRTHDAY 3799 would strip federal courts of jurisdiction ingly difficult for the judiciary to attract and re- to hear such cases. And here’s the kicker: tain talented lawyers to its ranks. HON. ROBERT W. NEY H.R. 3799 declares it an impeachable offense That is why I joined my colleagues in intro- OF OHIO for a judge to decide that H.R. 3799 violates ducing a bill, H.R. 2118, to increase the sala- IN THE HOUSE OF REPRESENTATIVES the Constitution. In one fell swoop, Congress ries of all federal judges by 16.5 percent. Wednesday, September 22, 2004 would overturn the centuries-old principle that In the short history of our Republic, the po- judges have the ultimate power to decide if litical branches of government have all too fre- Mr. NEY. Mr. Speaker: our laws violate the Constitution. quently ridden the prevailing political breeze to Whereas, Bobby D. Young was born in Aside from their political attack of the judici- constitutional excess. Perry County, Ohio on October 29, 1924; ary, these bills are unconstitutional in that they An independent judiciary is all that protects Whereas, Bobby D. Young is celebrating his violate separation of powers, equal protection, our constitutionally guaranteed rights against 80th Birthday; and

VerDate Aug 04 2004 04:38 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A22SE8.061 E22PT1 E1688 CONGRESSIONAL RECORD — Extensions of Remarks September 22, 2004 Whereas, Bobby D. Young has exemplified we can work on a bipartisan basis to develop National Mall. This long overdue addition to a love for his family, and must be commended a fiscally responsible funding plan that pro- the Smithsonian is both an architectural and for his dedicated service to the community as vides adequate resources to strengthen our cultural feat achieved through hard work, a family practitioner in Zanesville, and for his schools, address our public health needs, and imagination and perseverance of Native com- service with the Tenth Army Air Corp in Burma support our Nation’s workers. munities across the country. With its combina- during World War II. f tion of traditional materials and state-of-the-art Therefore, I join with the residents of the en- technological exhibits the museum is a true tire 18th Congressional District of Ohio in con- COMMEMORATING THE OPENINGS testament to native communities’ commitment gratulating Bobby D. Young as he celebrates OF THE NATIONAL MUSEUM OF to moving forward while honoring the traditions his 80th Birthday. THE AMERICAN INDIAN of the past. f ‘‘Potomac is Algonkin for ‘where something SPEECH OF is brought.’ Therefore, it is fitting that today on TRANSPORTATION, TREASURY, HON. PATRICK J. KENNEDY the banks of the Potomac River the Native AND INDEPENDENT AGENCIES OF RHODE ISLAND community brings our great nation the gift that APPROPRIATIONS ACT, 2005 IN THE HOUSE OF REPRESENTATIVES is the National Museum of the American In- dian. By meeting adversity with strength and a SPEECH OF Tuesday, September 21, 2004 renewed commitment to the health, welfare HON. EARL POMEROY Mr. KENNEDY of Rhode Island. Mr. Speak- and prosperity of their people and traditions, OF NORTH DAKOTA er, the National Mall is home to memorials in the Native community is an inspiration to all IN THE HOUSE OF REPRESENTATIVES honor of our founding fathers, our nation’s vet- Americans.’’ ‘‘While we celebrate the opening of the mu- Wednesday, September 19, 2004 erans and leaders who have shaped the course of the United States. The Mall is also seum we must also take the time to recommit The House in Committee of the Whole home to wonderful museums that explore sub- ourselves, our nation and our resources to House on the State of the Union had under jects from our natural history here on Earth, to helping Native communities across the coun- consideration the bill (H.R. 5025) making ap- travels to the moon and beyond. However, try. The challenges of providing adequate propriations for the Departments of Trans- housing, health care and education in Indian portation and Treasury, and independent even with the diverse exhibits, there was al- agencies for the fiscal year ending Sep- ways a piece of our history missing from the Country must be met with our full dedication tember 30, 2005, and for other purposes. Mall, and on September 21, 2004, that hole and vigor. We must recommit ourselves to Mr. POMEROY. Mr. Chairman, I rise today was finally filled. providing full ballot access to all of Indian to say that I will be voting for H.R. 5006, the It is my honor to celebrate the long awaited country in this fall’s election and support the fiscal year 2005 Labor, Health and Human opening of the National Museum of the Amer- efforts of the legal teams of the Native Vote Services, Education Appropriations bill, but ican Indian on the National Mall. This museum 2004: Election Protection. doing so with some reluctance. While I sup- stands as a monument not only to the past ‘‘In addition to dedicating ourselves to ad- port many of the funding provisions in this leg- generations of Native Americans, but to the dressing the needs of the Native community, islation, I also believe that this bill short- present and the future. I am hopeful that the my Democratic colleagues and I are stead- changes many important needs in education prominent placement of this museum will help fastly committed to protecting tribal sov- and health care. to educate our nation on the true history of ereignty and protecting the trust rights of all in Almost three years after the historic No Native Americans, told by their perspective Indian Country. The government-to-govern- Child Left Behind legislation was passed into and through their eyes. The museum will be ment relationship between the Federal govern- law, I remain concerned about Congress’ on- home to artifacts and exhibits, but will also ment and Indian tribes must be protected as going failure to commit the resources prom- serve as a classroom with live performances we legislate and direct funds in Congress. We ised to our Nation’s teachers, parents and stu- and demonstrations. It truly is a magnificent must honor our nation’s responsibility to pro- dents. While I support the intentions of the addition to the Mall, and I look forward to vis- tect the land and resources of Native Ameri- education reform promise to leave no child be- iting the museum often. cans fully and to the benefit of all in Indian hind, I am also convinced that the success of As we celebrate this joyous occasion, and Country.’’ this new law will be determined in part by the visit with the thousands of Native Americans ‘‘It is a brighter day in our nation and in all investment made in this historic reform effort. who have traveled from across the country to of Indian Country on this opening day of the I am deeply disappointed that this funding plan join in this event, Members of Congress must National Museum of the American Indian.’’ falls more than $7.2 billion short of the re- not forget that our relationship with Native f sources promised for low-income and dis- Americans goes far beyond the museum. Pre- COMMEMORATING THE OPENING advantaged districts, thereby making up the serving the past and ensuring the future of OF THE NATIONAL MUSEUM OF vast majority of the total $9.5 billion NCLB Native Americans is celebrated in the mu- THE AMERICAN INDIAN shortfall contained in the bill. seum, but it is only through the adequate Not only does this bill fall short on critical funding of education, healthcare, and other ini- SPEECH OF funding for education, but it also makes cuts tiatives critical to our Native American commu- to the Rural Hospital Flexibility and Outreach HON. MARK UDALL nities that illustrates our true commitment. I OF COLORADO grant programs, important resources to North will continue to work with several of my col- IN THE HOUSE OF REPRESENTATIVES Dakota health care providers. It is my under- leagues to fight for essential programs to give standing that Chairman REGULA has com- Native Americans the resources they need. Tuesday, September 21, 2004 mitted to work to restore this funding in con- I am proud to have the opportunity to wel- Mr. UDALL of Colorado. Mr. Speaker, I am ference, and I intend to actively support those come so many Native Americans to Wash- very pleased to join in support of this resolu- efforts. ington, D.C. this week, and to welcome the tion. Certainly, this bill includes many provisions National Museum of the American Indian. The resolution notes that the National Mu- that I applaud. While I was pleased that the f seum of the American Indian Act (20 U.S.C. Rural Education Achievement Program once 808 et seq.) established within the Smithso- again received funding to help rural districts COMMEMORATING THE OPENING nian Institution the National Museum of the manage the No Child Left Behind Act’s new OF THE NATIONAL MUSEUM OF American Indian and authorized the construc- accountability requirements, I strongly believe THE AMERICAN INDIAN tion of a facility to house the National Museum this program merits an increase in funding. I of the American Indian on the National Mall in was also pleased that this bill restores the fed- SPEECH OF the District of Columbia. It points out this will eral overtime protections to six million workers HON. STENY H. HOYER be the only national museum devoted exclu- who saw their overtime pay threatened by the OF MARYLAND sively to the history and art of cultures indige- Department of Labor’s new rules. IN THE HOUSE OF REPRESENTATIVES nous to the Americas, and will give all Ameri- Ultimately, I cast my vote in favor of this cans the opportunity to learn of the cultural legislation in order to ensure that the appro- Tuesday, September 21, 2004 legacy, historic grandeur, and contemporary priations process could move forward. I re- Mr. HOYER. Mr. Speaker, ‘‘with the opening culture of Native Americans. And it officially main hopeful that the Senate will include high- of the National Museum of the American In- recognizes that the new museum officially er funding levels for these programs and that dian today, the sun shines a bit brighter on the opens today.

VerDate Aug 04 2004 04:38 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A22SE8.064 E22PT1 September 22, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1689 By its passage, Congress— honor the Native Americas who peopled the American propaganda on government-con- (1) recognizes the important and unique Americas long before the first Europeans ar- trolled media. contribution of Native Americans to the cultural rived. In the years since, Sen. Campbell chaired The Syrian regime is one that not only sup- legacy of the United States, both in the past the museum’s fund-raising committee, lead- ports and facilitates terrorist attacks against in- and currently; ing the effort to raise more than $100 million nocent civilians throughout the world, but also (2) honors the cultural achievements of all in private financing to turn an idea into engages in a widespread campaign of terror Native Americans; brick and mortar. He hopes the museum will against its own people. (3) celebrates the official opening of the Na- erase the myths characterizing Indians as tional Museum of the American Indian; and ‘‘savages that were raping and pillaging.’’ In 2003, the United Nations Commission on (4) requests the President to issue a procla- The life, languages, literature, history and Human Rights classified Syria as one of the mation encouraging all Americans to take ad- arts of the native people of the Western world’s most oppressive regimes. Hemisphere will be the focus of every ex- vantage of the resources of the National Mu- hibit. According to Human Rights International, in seum of the American Indian to learn about Sen. Campbell, who once made his living as 2003 the Syrian Government used its vast the history and culture of Native Americans. a designer of Indian jewelry, will showcase powers to prevent any organized political op- Mr. Speaker, this day has been a long time some of his own artwork in an opening show position, continued grave abuses including the coming—and passage of this resolution will that will continue for six months. use of torture in detention and arbitrary ar- make clear that it is all the more welcomed by When he first ran for Congress in 1986, Sen. rests, and allowed violence and societal dis- all Americans. The resolution comes to us Campbell emphasized that his political ca- crimination against women. from the Senate, where it was introduced by reer would be about non-Indian issues as much as it would be about Indian issues. Unfortunately, the gross violations of human Colorado’s senior Senator, BEN NIGHTHORSE Today, the 71-year-old Cheyenne tribal chief rights are not limited to Syria’s immediate bor- CAMPBELL. cites numerous accomplishments that have ders. The repressive regime also extends into Senator CAMPBELL deserves our thanks, not nothing to do with that background and ev- neighboring Lebanon, which Syria continues to only for this resolution but even more for his erything to do with making a difference, in- occurpy. This fact was recently acknowledged leadership in making this day a reality. He has cluding doing his best to protect Arkansas by the international community through the earned the praise extended in two editorials River water from the devastating water di- adoption of United Nations Security Council that I am attaching for the information of our versions by Aurora and Colorado Springs, Resolution 1559, calling on all foreign troops colleagues; the funding of bullet-proof vests for the nation’s police officers, pushing for a national to withdraw without delay from Lebanon and [From the Rocky Mountain News Sept. 21, law enforcement museum and upgrading two to stop meddling in the country’s November 2004] Colorado attractions—the Great Sand Dunes elections. CAMPBELL’S LEGACY and the Black Canyon of the Gunnison—to national park status. For all these reasons, I support whole- Kudos to Sen. Ben Nighthorse Campbell for heartedly House Concurrent Resolution 363, helping create the Smithsonian’s spectacular Today, he will stand just north of the site new National Museum of the American In- where the Indian Removal Act of 1830 was which condemns the continuing gross viola- dian, which celebrates its grand opening signed—‘‘where the museum now sits’’—and tions of human rights and civil liberties by the today on the Washington Mall. address a crowd expected to include thou- Syrian dictatorship. While serving in the U.S. House 15 years sands of fellow American Indians. The irony of putting the museum on the site where Mr. Speaker, H. Con. Res. 363 details and ago, Campbell was asked to be a prime spon- condemns the persistent repression of the sor of the bill that authorized the museum. Congress acted to forcibly relocate Indians He was more than willing, but on one condi- will make the day all the sweeter. people of Syria and Lebanon by the dictatorial tion: the Smithsonian must first agree to re- Sen. Campbell is retiring from Congress Syrian government. It articulates our support turn the remains of about 18,500 Native the end of this year. The museum he shep- for Syria’s human rights and pro-democracy Americans to their tribes for burial, and herded to reality will in some small measure activists and calls on free and democratic na- other museums nationwide must do the be a tribute to this adopted Coloradan. tions to take a unified stance and condemns same. f the deplorable and heinous human rights The museums resisted, but Campbell pre- record of the Syrian government. Also, it calls EXPRESSING GRAVE CONCERN OF vailed. for the United States to assist Syrian dis- He also helped procure the $214 million CONGRESS REGARDING CON- sidents in their efforts to help bring freedom to needed to build the museum and fill it with TINUING GROSS VIOLATIONS OF Syria. artifacts. He deserves the place of honor he HUMAN RIGHTS AND CIVIL LIB- will enjoy at today’s ceremonies. ERTIES OF SYRIAN PEOPLE BY I take this opportunity to speak directly to GOVERNMENT OF SYRIAN ARAB the President and urge him to take these in- [Editorial—the Pueblo Chieftain] REPUBLIC structions seriously. With respect to Syria, the A TRIBUTE TO SEN. CAMPBELL United States must encourage greater open- When the Colorado Republican started off SPEECH OF ness, democratization, and economic reform, as a Democrat in the U.S. House, one of his and to do so it must engage with civil society. first bills was to build a museum to honor HON. ALCEE L. HASTINGS the Native Americans who peopled the Amer- OF FLORIDA As president of the Organization for Security and Cooperation in Europe (OSCE PA) I am icas long before the first Europeans arrived. IN THE HOUSE OF REPRESENTATIVES A grand opening ceremony for the National intimately aware of the success of the Organi- Museum of the American Indian in Wash- Monday, September 13, 2004 zation in motivating the Soviet Union and ington, D.C., will be held today, and it will Mr. HASTINGS of Florida. Mr. Speaker, last Eastern European countries to sigh on to probe the capstone of Sen. Ben Nighthorse fall, the Syrian Accountability Act was over- gressive standards of human rights and inter- Campbell’s service in Congress. whelmingly approved. That bill required the nal goverance. The United States should use The monument to a largely ignored set of a similar strategy of encouraging civil society cultures sits on the last vacant spot on the President to impose a number of economic National Mall, in the shadow of the U.S. Cap- and diplomatic sanctions against Syria if the activists in Syria. itol, as the centerpiece of the Smithsonian Syrian government failed to end its support for The people of Syria struggle daily from free- Institution’s 18 museums and galleries. The various terrorist organizations, refuses to elimi- dom, respect for human rights and civil lib- five-story, curvilinear building with lime- nate its weapons of mass destruction, and erties, democratic self-governance, and the stone facade was designed as if the building fails to withdraw its troops from Lebanon. Cor- establishment of the rule of law against an au- itself were a natural formation carved by rectly, the President invoked such sanctions thoritarian and tyrannical regime. I support rain and snow over the centuries, as if it had earlier this summer. always been there. Yet, it almost wasn’t them in their great effort, and denounce the there at all. Since the passage of that act, Syria con- oppressive government of Syria. This museum is Sen. Campbell’s pride and tinues to host terrorist headquarters in Damas- cus, it maintains 17,000 Syrian troops in Leb- Therefore, I ask my colleagues to support joy. When the Colorado Republican started this important resolution. off as a Democrat in the U.S. House, one of anon, it supports the terrorist organization his first bills was to build a museum to Hezbollah, and it continues its vicious anti-

VerDate Aug 04 2004 04:38 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\A22SE8.068 E22PT1 E1690 CONGRESSIONAL RECORD — Extensions of Remarks September 22, 2004 SENATE COMMITTEE MEETINGS tocol’’) (Treaty Doc. 108–25), and the 2 p.m. Second Protocol Amending the Conven- Commerce, Science, and Transportation Title IV of Senate Resolution 4, tion Between the United States of agreed to by the Senate on February 4, Science, Technology, and Space Sub- America and Barbados for the Avoid- committee 1977, calls for establishment of a sys- ance of Double Taxation and the Pre- To hold hearings to examine the contem for a computerized schedule of all vention of Fiscal Evasion with Respect troversy over embryonic stem cell re- meetings and hearings of Senate com- to Taxes on Income Signed on Decem- search. ber 31, 1984, signed at Washington on mittees, subcommittees, joint commit- SR–253 July 14, 2004; including an exchange of tees, and committees of conference. 2:30 p.m. notes with attached Understandings This title requires all such committees Energy and Natural Resources to notify the Office of the Senate Daily (Treaty Doc. 108–26). SD–419 Public Lands and Forests Subcommittee Digest—designated by the Rules Com- To hold hearings to examine S. 2410, to mittee—of the time, place, and purpose SEPTEMBER 28 promote wildland firefighter safety, of the meetings, when scheduled, and 9:30 a.m. H.R. 1651, to provide for the exchange any cancellations or changes in the Commerce, Science, and Transportation of land within the Sierra National For- meetings as they occur. To hold hearings to examine media own- est, California, S. 2378, to provide for As an additional procedure along ership issues. the conveyance of certain public land with the computerization of this infor- SR–253 in Clark County, Nevada, for use as a mation, the Office of the Senate Daily 10 a.m. heliport, H.R. 2400, to amend the Or- Digest will prepare this information for Banking, Housing, and Urban Affairs ganic Act of Guam for the purposes of printing in the Extensions of Remarks To hold hearings to examine policies to clarifying the local judicial structure section of the CONGRESSIONAL RECORD enforce the Bank Secrecy Act and to of Guam, H.R. 3874, to convey for public on Monday and Wednesday of each prevent money laundering in money purposes certain Federal lands in Riv- services businesses and the gaming in- week. erside County, California, that have dustry. been identified for disposal, H.R. 4170, Meetings scheduled for Thursday, SD–538 September 23, 2004 may be found in the to authorize the Secretary of the Inte- Aging rior to recruit volunteers to assist Daily Digest of today’s RECORD. To hold hearings to examine combating with, or facilitate, the activities of var- influenza in order to keep senior citi- MEETINGS SCHEDULED ious agencies and offices of the Depart- zens alive. SD–628 ment of the Interior, and S. Res. 387, SEPTEMBER 24 2:30 p.m. commemorating the 40th Anniversary 9 a.m. Foreign Relations of the Wilderness Act. Environment and Public Works To hold hearings to examine how to com- SD–366 Fisheries, Wildlife, and Water Sub- bat corruption in the multilateral de- committee velopment banks. SEPTEMBER 30 To hold oversight hearings to examine SD–419 2:30 p.m. State and private programs for sage Commerce, Science, and Transportation Commerce, Science, and Transportation grouse conservation. Science, Technology, and Space Sub- Communications Subcommittee SD–406 committee To hold oversight hearings to examine 9:30 a.m. To hold hearings to examine the effec- the security of Internet Root Servers tiveness of media ratings systems. Foreign Relations and the Domain Name System (DNS). SR–253 To hold hearings to examine the Pro- SR–253 tocol Amending the Convention Be- SEPTEMBER 29 tween the United States of America OCTOBER 5 and the Kingdom of the Netherlands 9:30 a.m. for the Avoidance of Double Taxation Indian Affairs 9:30 a.m. and the Prevention of Fiscal Evasion Business meeting to consider pending Foreign Relations with Respect to Taxes on Income (in- calendar business; to be followed by an To hold hearings to examine the progress cluding exchange of notes with at- oversight hearing on lobbying practices of the Millennium Challenge Corpora- tached Understanding), signed at Wash- involving Indian tribes. tion. ington on March 8, 2004 (the ‘‘Pro- SH–216 SD–419

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HIGHLIGHTS Senate passed H.R. 4850, District of Columbia Appropriations. The House passed H.R. 5025, Transportation, Treasury, and Independent Agencies Appropriations Act for Fiscal Year 2005. House Committees ordered reported 16 sundry measures. Senate committee on the part of the Senate to join with a Chamber Action like committee on the part of the House of Rep- Routine Proceedings, pages S9471–S9538 resentatives to escort His Excellency, Ayad Allawi, Measures Introduced: Five bills and one resolution Prime Minister of the Interim Government of the were introduced, as follows: S. 2827–2831, and S. Republic of Iraq, into the House Chamber for the Res. 432. Pages S9524–25 joint meeting on Thursday, September 23, 2004. Measures Passed: Page S9538 District of Columbia Appropriations: Committee Nominations Confirmed: Senate confirmed the fol- on Appropriations was discharged from further con- lowing nomination: sideration of H.R. 4850, making appropriations for By 77 yeas to 17 nays (Vote No. Ex. 187), Porter the government of the District of Columbia and J. Goss, of Florida, to be Director of Central Intel- other activities chargeable in whole or in part ligence. Page S9518 against the revenues of said District for the fiscal Messages From the House: Pages S9521–22 year ending September 30, 2005, and the bill was Measures Referred: Page S9522 then passed, after striking all after the enacting clause and inserting in lieu thereof the text of S. Measures Placed on Calendar: Page S9522 2826, Senate companion measure. Pages S9535–37 Measures Read First Time: Page S9537 Senate insisted on its amendment, requested a Executive Communications: Pages S9522–23 conference with the House thereon, and the Chair was authorized to appoint the following conferees: Executive Reports of Committees: Pages S9523–24 Senators DeWine, Hutchison, Brownback, Stevens, Additional Cosponsors: Pages S9525–26 Landrieu, Durbin, and Inouye. Page S9535 Statements on Introduced Bills/Resolutions: Subsequently, S. 2826 was returned to the Senate Pages S9526–34 Calendar. Page S9535 Additional Statements: Page S9521 Burma Human Rights: Committee on Foreign Relations was discharged from further consideration Notices of Hearings/Meetings: Page S9534 of S. Res. 431, expressing the sense of the Senate Authority for Committees to Meet: Pages S9534–35 that the United Nations Security Council should im- Record Votes: One record vote was taken today. mediately consider and take appropriate actions to respond to the growing threats posed by conditions (Total—187) Page S9518 in Burma under the illegitimate rule of the State Adjournment: Senate convened at 9:30 a.m., and Peace and Development Council, and the resolution adjourned at 6:33 p.m., until 11 a.m., on Thursday, was then agreed to. Pages S9537–38 September 23, 2004. (For Senate’s program, see the Escort Committee—Agreement: A unanimous- remarks of the Acting Majority Leader in today’s consent agreement was reached providing that the Record on Page S9538.) President of the Senate be authorized to appoint a D927

VerDate Aug 04 2004 05:23 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D22SE4.REC D22SE4 D928 CONGRESSIONAL RECORD — DAILY DIGEST September 22, 2004 clothing, and candles, with an amendment in the na- Committee Meetings ture of a substitute; (Committees not listed did not meet) S. 2820, to ensure the availability of certain spectrum for public safety entities by amending the 9/11 COMMISSION RECOMMENDATIONS Communications Act of 1934 to establish January 1, 2009, as the date by which the transition to digital Committee on Appropriations: Committee concluded a television shall be completed, with amendments; hearing to examine the 9/11 Commission intelligence recommendations, focusing on the quality of S. 1963, to amend the Communications Act of analysis, effective information-sharing among agen- 1934 to protect the privacy right of subscribers to cies, protecting civil liberties, assuring clarity of au- wireless communication services, with an amend- thority for clandestine operations, and reforming ment in the nature of a substitute; Congressional oversight, after receiving testimony S. 1380, to distribute universal service support eq- from Richard A. Posner, Judge of the Court of Ap- uitably throughout rural America; peals, 7th Circuit; John J. Hamre, Center For Stra- S. 2145, to regulate the unauthorized installation tegic and International Studies, Washington, D.C., of computer software, to require clear disclosure to former Under Secretary of Defense; and Dale Wat- computer users of certain computer software features son, former Executive Director of Terrorism and that may pose a threat to user privacy, with an Counter-Intelligence, Federal Bureau of Investiga- amendment in the nature of a substitute; tion, Department of Justice. S. 2647, to establish a national ocean policy, to set forth the missions of the National Oceanic and INSURANCE INDUSTRY Atmospheric Administration, to ensure effective Committee on Banking, Housing, and Urban Affairs: interagency coordination, with an amendment in the Committee concluded a hearing to examine the con- nature of a substitute; dition and regulation of the insurance industry, after S. 2489, to establish a program within the Na- receiving testimony from Gregory Serio, New York tional Oceanic and Atmospheric Administration to Department of Insurance, Albany, on behalf of the integrate Federal coastal and ocean mapping activi- National Association of Insurance Commissioners; ties, with an amendment in the nature of a sub- Arthur F. Ryan, Prudential Financial, Newark, New stitute; Jersey, on behalf of the American Council of Life In- S. 480, to provide competitive grants for training surers; William H. McCartney, United Services court reporters and closed captioners to meet re- Automobile Association Group, San Antonio, Texas; quirements for realtime writers under the Tele- J. Robert Hunter, Consumer Federation of America, communications Act of 1996; and and Brian K. Atchinson, Insurance Marketplace The nominations of Deborah P. Majoras, of Vir- Standards Association, both of Washington, D.C.; ginia, and Jon D. Leibowitz, of Maryland, both to Alan F. Liebowitz, OMNIA (Bermuda), Ltd., Pur- be Federal Trade Commissioners, sundry nomina- chase, New York, on behalf of the American Bankers tions for promotion in the U.S. Coast Guard and the Insurance Association; Albert R. Counselman, Riggs, National Oceanic and Atmospheric Administration. Counselman, Michaels, Downes, Inc., Baltimore, Maryland, on behalf of the Council of Insurance NOMINATION Agents and Brokers; Thomas B. Ahart, Ahart, Frinzi, and Smith Insurance, Phillipsburg, New Jersey, on Committee on Foreign Relations: Committee concluded behalf of the Independent Insurance Agents and Bro- a hearing to examine the nomination of Lloyd O. kers of America, Inc. Pierson, an Assistant Administrator for Africa, United States Agency for International Development, BUSINESS MEETING and to be a Member of the Board of Directors of the Committee on Commerce, Science, and Transportation: African Development Foundation, after the nominee, Committee ordered favorably reported the following who was introduced by Representative Royce, testi- business items: fied and answered questions in his own behalf. S. 2541, to reauthorize and restructure the Na- tional Aeronautics and Space Administration, with BUSINESS MEETING amendments; Committee on the Governmental Affairs: Committee or- S. 2393, to improve aviation security, with an dered favorably reported an original bill to reform amendment; the intelligence community and the intelligence and S. 1798, to provide for comprehensive fire safety intelligence-related activities of the United States standards for upholstered furniture, mattresses, bed- Government.

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BUSINESS MEETING Council on the Arts, Maria Otero, of the District of Committee on Health, Education, Labor, and Pensions: Columbia, to be a Member of the Board of Directors Committee ordered favorably reported the following of the United States Institute of Peace, John Hager, business items: to be an Assistant Secretary of Education for Special S. 2686, to amend the Carl D. Perkins Vocational Education and Rehabilitative Services, Young Woo and Technical Education Act of 1998 to improve the Kang, of Indiana, to be a Member of the National Act, with an amendment in the nature of a sub- Council on Disability, Juan Olivarez, William Hill- stitute; er, and Richard Wagner, of Florida, each to be a S. 518, to increase the supply of pancreatic islet Member of the National Institute for Literacy Advi- cells for research, to provide better coordination of sory Board, Arden Bement, Jr., of Indiana, to be Di- Federal efforts and information on islet cell trans- rector of the National Science Foundation, and sun- plantation, and to collect the data necessary to move dry nominations for promotion in the Public Health islet cell transplantation from an experimental proce- Service. dure to a standard therapy, with an amendment in the nature of a substitute; BUSINESS MEETING S. 2283, to extend Federal funding for operation Committee on Indian Affairs: Committee ordered favor- of State high risk health insurance pools, with an ably reported the following bills: amendment in the nature of a substitute; S. 556, to amend the Indian Health Care Im- S. 1217, to direct the Secretary of Health and provement Act to revise and extend that Act, with Human Services to expand and intensify programs an amendment in the nature of a substitute; with respect to research and related activities con- S. 1438, to provide for equitable compensation of cerning elder falls, with an amendment in the nature the Spokane Tribe of Indians of the Spokane Res- of a substitute; ervation in settlement of claims of the Tribe con- S. 2815, to give a preference regarding States that cerning the contribution of the Tribe to the produc- require schools to allow students to self-administer tion of hydropower by the Grand Coulee Dam, with medication to treat that student’s asthma or anaphy- an amendment in the nature of a substitute; and laxis; S. 2526, to reauthorize the Children’s Hospitals S. 2605, to direct the Secretary of the Interior and Graduate Medical Education Program, with an the heads of other Federal agencies to carry out an amendment in the nature of a substitute; agreement resolving major issues relating to the ad- S. Res. 389, expressing the sense of the Senate judication of water rights in the Snake River Basin, with respect to prostate cancer information; and Idaho, with an amendment in the nature of a sub- An original bill entitled ‘‘Elder Justice Act’’; and stitute. The nominations of Jonathan Baron, of Maryland, Also, Committee approved the issuance of various Elizabeth Bryan, of Texas, James R. Davis, of Mis- subpoenas pursuant to the In re Tribal Lobbying sissippi, Frank H. Handy, of Florida, Eric Hanushek, Matters, et al. investigation. of California, Caroline Hoxby, of Massachusetts, Ro- berto Lopez, of Texas, Richard Milgram, of New NATIVE AMERICAN CODE TALKERS Mexico, Sally Shaywitz, of Connecticut, Joseph Committee on Indian Affairs: Committee concluded an Torgesen, of Florida, Herbert Walberg, of Illinois, oversight hearing on the contributions of Native each to be a Member of the Board of Directors of American code talkers in American military history, the National Board for Education Sciences, Herman after receiving testimony from Gordon H. Mansfield, Belz, of Maryland, Craig Haffner, of California, Deputy Secretay of Veterans Affairs; Brigadier Gen- James Hunter, of Virginia, Tamar Jacoby, of New eral John S. Brown, USA (Ret.), U.S. Army Center Jersey, Harvey Klehr, of Georgia, Thomas Lindsay, of Military History; Clarence Wolf Guts, and John of Texas, Iris Love, of Vermont, Thomas Mallon, of Yellow Bird Steele, both of the Oglala Sioux Tribe, Connecticut, and Ricardo Quinones, of California, Pine Ridge, South Dakota; Don Loudner, American each to be a Member of the National Council on the Indian Veterans of the United States, Mitchell, Humanities, Beverly Allen, of Georgia, Gail Daly, of South Dakota; Robin Roberts, USMC (Ret.), Sac Fox Texas, Donald Leslie, of Wisconsin, Amy Owen, of Tribe, and Samson Keahna, Sac and Fox Tribe of the Utah, Sandra Pickett, of Texas, Renee Swartz of New Mississippi in Iowa, both of Tama, Iowa; Gregory E. Jersey, and Kim Wang, of California, each to be a Pyle, Choctaw Nation of Oklahoma, Durant; Melvin Member of the National Museum and Library Serv- Kerchee, Jr., Comanche Nation, Lawton, Oklahoma; ices Board, James Ballinger, of Arizona, Gerald and William C. Meadows, Southwest Missouri State Schwarz, of Washington, and Terence Teachout, of University Department of Sociology and Anthro- New York, each to be a Member of the National pology, Springfield.

VerDate Aug 04 2004 05:12 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D22SE4.REC D22SE4 D930 CONGRESSIONAL RECORD — DAILY DIGEST September 22, 2004 COUNTER-TERRORISM fornia, former Associate Deputy Attorney General, Committee on the Judiciary: Committee concluded a Department of Justice. hearing to examine counterterrorism legislation and NOMINATIONS proposals, including the USA PATRIOT ACT (P.L. Committee on the Judiciary: Committee concluded a 107–56), and S. 1709, to amend the USA PA- hearing to examine the nominations of Christopher TRIOT ACT to place reasonable limitations on the A. Boyko, to be United States District Judge for the use of surveillance and the issuance of search war- Northern District of Ohio, who was introduced by rants, (the SAFE Act), after receiving testimony from Senator DeWine and Representative LaTourette, and Senators Craig and Durbin; former Representative Beryl A. Howell, of the District of Columbia, who Bob Barr; James B. Comey, Deputy Attorney Gen- was introduced by Senator Leahy, to be a Member eral, Department of Justice; and Daniel P. Collins, of the United StatesSentencing Commission, after Munger, Tolles, and Olson, LLP, Los Angeles, Cali- the nominees testified and answered questions in their own behalf. h House of Representatives for the amendment by Representative Flake regard- Chamber Action ing Cuba. Measures Introduced: 10 public bills, H.R. A separate vote was demanded on the Stenholm 5119–5128; and; 11 resolutions, Con. Res. 495–496, amendment that prohibits the use of funds to imple- and H. Res. 784, 786–793 were introduced. ment any suspension of issuance of obligations of the Pages H7442–43 U.S. for purchase by the Civil Service Retirement Additional Cosponsors: Page H7443 and Disability Fund, to implement any suspension of Reports Filed: Reports were filed today as follows: issuance of obligations of the U.S. for purchase by the Thrift Savings Fund for the Government Securi- H.R. 4555, to amend the Public Health Service ties Investment Fund, or to implement any sale or Act to revise and extend provisions relating to mam- redemption of securities, obligations, or other in- mography quality standards, amended (H. Rept. vested assets of the Civil Service Retirement and 108–694); and Disability Fund before maturity, which was agreed H. Res. 785, waiving a requirement of clause 6(a) to yesterday, September 21, by a voice vote (agreed of rule XIII with respect to consideration of certain to by a recorded vote of 404 ayes to 8 noes, Roll resolutions reported from the Committee on Rules No. 463); Pages H7348–49 (H. Rept. 108–695). Pages H7441–42 Rejected the Obey motion to recommit the bill to Chaplain: The prayer was offered today by Rev. the Committee on Appropriations with instructions Austin DeLoach, Jr., Pastor, Southside Baptist to report it back to the House promptly with an Church in Lakeland, Georgia. Page H7331 amendment, by a yea and nay vote of 201 yeas to Transportation, Treasury, and Independent 210 nays, Roll No. 464. Pages H7349–50 Agencies Appropriations Act for FY05: The Agreed to: House passed H.R. 5025, making appropriations for Lee amendment that prohibits the use of funds to the Departments of Transportation and Treasury, and implement, administer, or enforce the amendments Independent agencies for the fiscal year ending Sep- made to the Code of Federal Regulations relating to tember 30, 2005, by a yea and nay vote of 397 yeas specific licenses for U.S. academic institutions; to 12 nays, Roll No. 465. The bill was also consid- Pages H7337–39 ered on Tuesday, September 14, Wednesday, Sep- Waters amendment (no. 12 printed in the Con- tember 15, and Tuesday, September 21. gressional Record of September 15) that prohibits Pages H7336–51 the use of funds to implement any sanction imposed Agreed Tuesday, September 14, to limit further by the U.S. on private commercial sales of agricul- amendments offered and the time for debate on such tural commodities, medicine, or medical supplies to amendments. Cuba (agreed to by voice vote, after agreeing to viti- The unanimous consent agreement was amended ate the request for a recorded vote); and on Wednesday, September 15 to strike any provision Pages H7336–37

VerDate Aug 04 2004 05:12 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D22SE4.REC D22SE4 September 22, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D931 Olver amendment prohibits the use of funds to United States Postal Service Henry Johnson issue or implement the proposed regulation entitled Annex Redesignation Act: H.R. 480, to redesignate Parts and Accessories Necessary for Safe Operation; the facility of the United States Postal Service lo- Certification of Compliance With Federal Motor Ve- cated at 747 Broadway in Albany, New York, as the hicle Safety Standards, published in the Federal Reg- ‘‘United States Postal Service Henry Johnson ister on March 19, 2002 (by a recorded vote of 339 Annex’’; Pages H7363–64 ayes to 70 noes, Roll No. 462). Congratulating Lance Armstrong on his record- Pages H7340–46, H7347–48 setting victory in the 2004 Tour de France: H. Rejected: Res. 761, congratulating Lance Armstrong on his Rangel amendment that sought to prohibit the record-setting victory in the 2004 Tour de France; use of funds to implement, administer, or enforce Pages H7364–66 the economic embargo of Cuba (by a recorded vote of 188 ayes to 225 noes, Roll No. 461). Recognizing the outstanding efforts of those who Pages H7339–40, H7346–47 assisted the North Platte Canteen in Nebraska H. Res. 770, the rule providing for consideration during WWII from December 25, 1941 to April 1, of the bill was agreed to on Tuesday, September 14. 1946: H. Con. Res. 161, amended, recognizing the outstanding efforts of the individuals and commu- Suspensions: The House agreed to suspend the rules nities who volunteered or donated items to the and pass the following measures: North Platte Canteen in North Platte, Nebraska, Civil War Sesquicentennial Commission Act: during World War II from December 25, 1941, to H.R. 2449, amended, to establish a commission to April 1, 1946; Pages H7366–68 commemorate the sesquicentennial of the American Recognizing military unit family support volun- Civil War; Pages H7351–54 teers for there service: H. Con. Res. 486, recog- Hudson-Fulton-Champlain 400th Commemora- nizing and honoring military unit family support tion Commission Act of 2003: H.R. 2528, amend- volunteers for their dedicated service to the United ed, to establish the Hudson-Fulton-Champlain 400th States, the Armed Forces, and members of the Commemoration Commission; Pages H7354–57 Armed Forces and their families; Pages H7368–70 Supporting the goals and ideals of National Pre- Commending the National Oceanic and Atmos- paredness Month: H. Con. Res. 489, supporting the pheric Administration: H. Con. Res. 488, amended, goals and ideals of National Preparedness Month; commending the National Oceanic and Atmospheric Pages H7357–59 Administration and its employees for its dedication Supporting the goals and ideals of National and hard work during Hurricanes Charley and Long-Term Care Residents’ Rights Week: H. Res. Frances; Pages H7370–73 772, supporting the goals and ideals of National Agreed to amend the title so as to read: com- Long-Term Care Residents’ Rights Week and recog- mending the National Oceanic and Atmospheric Ad- nizing the importance to the Nation of residents of ministration and its employees for its dedication and long-term care facilities, including senior citizens hard work during Hurricanes Charley, Frances, and and individuals living with disabilities; Ivan. Page H7373 Pages H7359–60 Justin W. Williams United States Attorney’s Expressing the sense of Congress that the Presi- Building Designation Act: H.R. 3428, to designate dent should designate September 11 as a national a portion of the United States courthouse located at day of voluntary service, charity, and compassion: 2100 Jamieson Avenue, in Alexandria, Virginia, as H. Con. Res. 473, amended, expressing the sense of the ‘‘Justin W. Williams United States Attorney’s Congress that the President should designate Sep- Building’’; Pages H7373–74 tember 11 as a national day of voluntary service, Joe Skeen Federal Building Designation Act: charity, and compassion; Pages H7360–61 H.R. 3734, to designate the Federal building located Agreed to amend the title so as to read: express- at Fifth and Richardson Avenues in Roswell, New ing the sense of Congress that it is appropriate to Mexico, as the ‘‘Joe Skeen Federal Building’’; annually observe Patriot Day, September 11, with Pages H7374–76 voluntary acts of service and compassion. Page H7361 Calling for the suspension of Sudan’s member- Eva Holtzman Post Office Building Designation ship on the United Nations Commission on Act: H.R. 5039, to designate the facility of the Human Rights: S. Con. Res. 137, calling for the United States Postal Service located at United States suspension of Sudan’s membership on the United Route 1 in Ridgeway, North Carolina, as the ‘‘Eva Nations Commission on Human Rights; Holtzman Post Office’’; Pages H7362–63 Pages H7381–86

VerDate Aug 04 2004 05:12 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D22SE4.REC D22SE4 D932 CONGRESSIONAL RECORD — DAILY DIGEST September 22, 2004 Condemning the terrorist attack in Jakarta, In- of the child tax credit. Further proceedings on the donesia, that occurred on 9/9/04: H. Res 767, motion were postponed. Pages H7399–H7404 amended, condemning the terrorist attack in Jakarta, Senate Message: Message received from the Senate Indonesia, that occurred on September 9, 2004; today appears on page 7331. Pages H7386–88 Senate Referral: S. 2279 was referred to the Com- Encouraging the International Olympic Com- mittee on Transportation and Infrastructure. mittee to select New York City as the site of the Page H7440 2012 Olympic Games: H. Con. Res. 475, encouraging the International Olympic Committee to select Quorum Calls—Votes: Two yea and nay votes and New York City as the site of the 2012 Olympic three recorded votes developed during the pro- Games; Pages H7388–90 ceedings of today and appear on pages H7346–47, H7347, H7349, H7350, H7351. There were no Supporting the goals of National Farm Safety quorum calls. and Health Week: H. Con. Res. 494, supporting the goals and purposes of National Farm Safety and Adjournment: The House met at 10 a.m. and ad- Health Week and applauding the men and women journed at 12 p.m. who provide a stable supply of food and fiber for the United States and the world; Pages H7390–91 Committee Meetings Pine Springs Land Exchange Act: H.R. 4806, REPAIRING THE 21ST CENTURY CAR amended, to provide for a land exchange involving Committee on Energy and Commerce: Subcommittee on Federal lands in the Lincoln National Forest in the Commerce, Trade, and Consumer Protection held a State of New Mexico; Pages H7395–96 hearing entitled ‘‘Repairing the 21st Century Car: Is Authorizing a feasibility study with respect to Technology Locking the Consumer Out?’’ Testimony the Mokelumne River: H.R. 4045, amended, to au- was heard from public witnesses. thorize the Secretary of the Interior to prepare a feasibility study with respect to the Mokelumne River; E–RATE PROGRAM INVESTIGATION and Pages H7396–97 Committee on Energy and Commerce: Subcommittee on Creating the Office of Chief Financial Officer Oversight and Investigations held a hearing entitled for the Government of the Virgin Islands: H.R. ‘‘Problems with the E-rate Program: Waste, Fraud, 3589, amended, to create the Office of Chief Finan- and Abuse Concerns in the Wiring of Our Nation’s cial Officer of the Government of the Virgin Islands. Schools to the Internet.’’ Testimony was heard from Pages H7397–99 the following officials of the FCC: H. Walker Feast- er, III, Inspector General; and Jeffrey Carlisle, Chief, Suspension—Proceedings Postponed: The House Wireline Competition Bureau; and public witnesses. debated the following measure under suspension of In refusing to give testimony at the hearing, the the rules. Further consideration will continue tomor- following individuals: Judy Green, former E-rate row, September 23. Consultant and Salesperson, Video Network Com- Adoption Tax Relief Guarantee Act: H.R. 1057, munications, Inc., and Quentin R. Lawson, National to repeal the sunset of the Economic Growth and Alliance of Black School Educators, invoked Fifth Tax Relief Reconciliation Act of 2001 with respect Amendments privileges. to the expansion of the adoption credit and adoption 9/11 COMMISSION RECOMMENDATIONS assistance programs. Pages H7376–81 Committee on Financial Services: Held a hearing enti- Pledge Protection Act of 2004—Rule for Consid- tled ‘‘Legislative Proposals to Implement the Rec- eration: The House agreed to H. Res. 781, the rule ommendations of the 9/11 Commission.’’ Testimony providing for consideration of H.R. 2028, to amend was heard from the following officials of the Depart- title 28, United States Code, with respect to the ju- ment of the Treasury: Stuart A. Levey, Under Sec- risdiction of Federal courts inferior to the Supreme retary, Office of Terrorism and Financial Intel- Court over certain cases and controversies involving ligence; and Brian C. Roseboro, Under Secretary, the Pledge of Allegiance, by voice vote. Domestic Finance. Pages H7391–95 Tax Relief, Simplification, and Equity Act of DRUG TREATMENT ACCESS 2003—Motion to Instruct Conferees: The House Committee on Government Reform: Subcommittee on debated the Moore motion to instruct conferees on Criminal Justice, Drug Policy and Human Resources H.R. 1308, to amend the Internal Revenue Code of held a hearing entitled ‘‘Access to Recovery: Improv- 1986 to accelerate the increase in the refundability ing Participation and Access in Drug Treatment.’’

VerDate Aug 04 2004 05:12 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D22SE4.REC D22SE4 September 22, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D933 Testimony was heard from Charles G. Curie, Admin- the following officials of the Department of State: istrator, Substance Abuse and Mental Health Services Paula A. DeSutter, Assistant Secretary, Bureau of Administration, Department of Health and Human Verification and Compliance; Philo Dibble, Deputy Services; Michael Passi, Associate Director, Depart- Assistant Secretary, Bureau of Near Eastern Affairs; ment of Family and Community Services, City of Al- and Kurt Kessler, Acting Deputy Director, Bureau buquerque, NM; and a public witness. of Nonproliferation. DIETARY SUPPLEMENTS JUSTICE FOR ALL ACT; BALANCED Committee on Government Reform: Subcommittee on BUDGET AMENDMENT Human Rights and Wellness held a hearing entitled ‘‘Dietary Supplements: Nature’s Answer to Cost Ef- Committee on the Judiciary: Ordered reported H.R. fective Preventative Medicine.’’ Testimony was heard 5107, Justice For All Act of 2004. from Paul Coates, Director, Office of Dietary Supple- The Committee began consideration of H. J. Res. ments, NIH, Department of Health and Human 22, Proposing a balanced budget amendment to the Services; and public witnesses. Constitution of the United States. COMBATING TERRORISM: 9/11 CIVIL RIGHTS COMMISSION SUBPOENA RECOMMENDATIONS AND NATIONAL Committee on the Judiciary: Subcommittee on the Con- STRATEGIES stitution approved a motion to authorize the issuance Committee on Government Reform: Subcommittee on of a subpoena to Custodian of Records, United States National Security, Emerging Threats and Inter- Commission on Civil Rights. national Relations held a hearing entitled ‘‘Com- bating Terrorism: The 9/11 Commission Rec- MISCELLANEOUS MEASURES ommendations and the National Strategies.’’ Testi- Committee on Resources: Ordered reported the following mony was heard from the following members of the measures: H.J. Res. 102, Recognizing the 60th anni- 9/11 Commission: Slade Gorton; and Richard Ben- versary of the Battle of Peleliu and the end of Impe- Veniste; Norman Rabkin, Managing Director, rial Japanese control of Palau during World War II Homeland Security and Justice Team, GAO; Raph- and urging the Secretary of the Interior to work to ael Perl, Senior Policy Analyst, CRS, Library of Con- protect the historic sites of the Peleliu Battlefield gress; and a public witness. National Historic Landmark and to establish com- IDENTITY THEFT memorative programs honoring the Americans who Committee on Government Reform: Subcommittee on fought there; H. Res. 737, Recognizing the 60th an- Technology, Information Policy, Intergovernmental niversary of the Liberation of Guam during World Relations and the Census held an oversight hearing War II; H. Res. 752, Expressing continued support entitled ‘‘Identity Theft: The Causes, Costs, Con- for the construction of the Victims of Communism sequences, and Potential Solutions?’’ Testimony was Memorial; H.R. 2440, amended, Indian Health Care heard from Orson Swindle, Commissioner, FTC; Ste- Improvement Act; H.R. 3176, amended, Ojito Wil- ven Martinez, Deputy Assistant Director, Cyber Di- derness Act; H.R. 3283, amended, Federal Lands vision, FBI, Department of Justice; Larry Johnson, Recreation Enhancement Act; H.R. 3391, amended, Special Agent in Charge, Criminal Investigative Di- Provo River Project Transfer Act; H.R. 4593, vision, U.S. Secret Service, Department of Homeland amended, Lincoln County Conservation, Recreation, Security; Patrick O’Carroll, Acting Inspector Gen- and Development Act; H.R. 4650, Wichita Project eral, SSA; and public witnesses. Equus Beds Division Authorization Act of 2004; H.R. 4683, amended, Gullah/Geechee Cultural Her- ASIA’S ENVIRONMENTAL CHALLENGES itage Act; H.R. 4887, amended, Cumberland Island Committee on International Relations: Subcommittee on Wilderness Boundary Adjustment Act of 2003; H.R. Asia and the Pacific held a hearing on Asia’s Envi- 4908, amended, Pechanga Band of Luiseno Mission ronmental Challenges. Testimony was heard from Indians Land Transfer Act of 2004; H.R. 5016, To public witnesses. extend the water service contract for the Ainsworth Unit, Sandhills Division, Pick-Sloan Missouri Basin LIBYA’S WMD DISARMAMENT Program, Nebraska; H.R. 5104, To amend the Ma- Committee on International Relations: Subcommittee on rine Mammal Protection Act of 1972 to authorize International Terrorism, Nonproliferation and appropriations for the John H. Prescott Marine Human Rights held a hearing on Disarmament of Mammal Rescue Assistance Grant Program; and S. Libya’s Weapons of Mass Destruction. Testimony 347, amended, Rim of the Valley Corridor Study was heard from Representative Weldon (PA); and Act.

VerDate Aug 04 2004 05:12 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D22SE4.REC D22SE4 D934 CONGRESSIONAL RECORD — DAILY DIGEST September 22, 2004 WATER LEGISLATION Ways to Notify the Public in the New Era of Committee on Resources: Subcommittee on Water and Homeland Security.’’ Testimony was heard from Power held a hearing on the following bills: H.R. Reynold N. Hoover, Director, National Security Co- 2603, To impose limitations on the authority of the ordination, Department of Homeland Security; James Secretary of the Interior to claim title or other rights Dailey, Director, Homeland Security, FCC; and pub- to water absent specific direction of law or to abro- lic witnesses. gate, injure, or otherwise impair any right to the use of any quantity of water; H.R. 4580, To remove cer- Joint Meetings tain restrictions on the Mammoth Community HEALTH INSURANCE Water District’s ability to use certain property acquired by that District from the United States; and Joint Economic Committee: Committee concluded a H.R. 4623, Eastern New Mexico Rural Water Sys- hearing to examine consumer choice and addressing ‘‘adverse selection’’ concerns with regard to health tem Act of 2004. Testimony was heard from Mark care and health insurance, focusing on ways insur- Limbaugh, Deputy Commissioner, Bureau of Rec- ance markets might use pooling and pricing of risks lamation, Department of the Interior; and public to resolve coverage issues, after receiving testimony witnesses. from Mark V. Pauly, University of Pennsylvania SAME-DAY CONSIDERATION OF CERTAIN Wharton School, Philadelphia; James H. Cardon, RESOLUTIONS REPORTED BY THE RULES Brigham Young University Department of Econom- COMMITTEE ics, Provo, Utah; Jeffrey M. Closs, BENU, Inc., San Committee on Rules: Committee granted, by voice Mateo, California; and Linda J. Blumberg, Urban In- vote, a rule waiving clause 6(a) of rule XIII (requir- stitute, Washington, D.C. ing a two-thirds vote to consider a rule on the same f day it is reported from the Rules Committee) against COMMITTEE MEETINGS FOR THURSDAY, certain resolutions reported from the Rules Com- SEPTEMBER 23, 2004 mittee. The rule applies the waiver to any special rule reported on the legislative day of September 23, (Committee meetings are open unless otherwise indicated) 2004, providing for consideration or disposition of a Senate conference report to accompany the bill (H.R. 1308) Committee on Appropriations: Subcommittee on Labor, to amend the Internal Revenue Code of 1986 to ac- Health and Human Services, and Education, to hold hear- celerate the increase in the refundability of the child ings to examine National Labor Relations Board issues, tax credit, and for other purposes. 9:30 a.m., SD–192. NATURAL GAS PRICES IMPACT Committee on Armed Services: to hold hearings to examine the Global Posture Review of United States military Committee on Small Business: Subcommittee on Rural forces stationed overseas, 2:30 p.m., SH–216. Enterprise, Agriculture and Technology held a hear- Committee on Health, Education, Labor, and Pensions: to ing entitled ‘‘The Impact of High Natural Gas hold hearings to examine the role of prescription drug Prices on Small Farmers and Manufacturers.’’ Testi- monitoring programs, 2 p.m., SD–430. mony was heard from Representatives King (IA), and Select Committee on Intelligence: closed business meeting Peterson (PA); and public witnesses. to consider pending intelligence matters, 4 p.m., SH–219. HAITI TRADE PREFERENCES Special Committee on Aging: to meet to discuss the new Committee on Ways and Means: Subcommittee on Medicare-approved prescription drug cards and transi- Trade held a hearing on Trade Preferences for Haiti. tional assistance programs for seniors, 2:30 p.m., SD–628. Testimony was heard from Senators Dewine and House Graham (FL); and public witnesses. Committee on Agriculture, to consider the following CYBER ISSUES BRIEFING measures: H. Res. 261, Expressing the support of the House of Representatives for the efforts of organizations Permanent Select Committee on Intelligence: Met in execu- such as Second Harvest to provide emergency food assist- tive session to receive a briefing on Cyber Issues. ance to hungry people in the United States, and encour- The Committee was briefed by departmental wit- aging all Americans to provide volunteer services and nesses. other support for local antihunger advocacy efforts and EMERGENCY WARNING SYSTEMS hunger relief charities, including food banks, food rescue organizations, food pantries, soup kitchens, and emer- Select Committee on Homeland Security: Subcommittee gency shelters; H. Res. 481, Recognizing the establish- on Emergency Preparedness and Response held a ment of Hunters for the Hungry programs across the hearing entitled ‘‘Emergency Warning Systems: United States and the contributions of those programs to

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efforts to decrease hunger and help feed those in need; Committee on Education and the Workforce, Subcommittee H.R. 2119, To provide for the use by the State of North on 21st Century Competitiveness, hearing entitled ‘‘Cur- Carolina of Federal lands, improvements, equipment, and rent Safeguards Protecting Taxpayers Against Diploma resource materials at the Oxford Research Station in Mills,’’ 11 a.m., 2175 Rayburn. Granville County, North Carolina; H.R. 2984, To amend Committee on Energy and Commerce, Subcommittee on En- the Agricultural Adjustment Act to remove the require- vironment and Hazardous Materials, to mark up H.R. ment that processors be members of an agency admin- 4940, Municipal Solid Waste Responsibility Act of 2004, istering a marketing order applicable to pears, H.R. 12 p.m., 2322 Rayburn. 3372, To designate the facility of the Agriculture Re- Subcommittee on Oversight and Investigations, hearing search Service of the Department of Agriculture located entitled ‘‘FDA’s Role in Protecting the Public Health: at State Highway 26 West in Poplarville, Mississippi, as Examining FDA’s Review of Safety and Efficacy Concerns the ‘‘Thad Cochran Southern Horticultural Laboratory;’’ in Anti-Depressant Use by Children,’’ 11 a.m., 2123 H.R. 3514, Pennsylvania National Forest Improvement Rayburn. Act of 2003; S. 33, To authorize the Secretary of Agri- Committee on Financial Services, Subcommittee on Over- culture to sell or exchange all or part of certain adminis- sight and Investigations, hearing entitled ‘‘Encouraging trative sites and other land in the Ozark-St. Francis and Small Business Growth and Access to Capital,’’ 11 a.m., Ouachita National Forests and to use funds derived from 2128 Rayburn. the sale or exchange to acquire, construct, or improve ad- Committee on Government Reform, hearing entitled ‘‘Intel- ministrative sites; H.R. 4569, To provide for the development of a national plan for the control and management lectual Property Piracy: Are We Doing Enough to Pro- of Sudden Oak Death, a tree disease caused by the fun- tect U.S. Innovation Abroad?’’ 11 a.m., 2154 Rayburn. gus-like pathogen Phytophthora ramorum; H.R. 4620, Committee on International Relations, hearing on United To confirm the authority of the Secretary of Agriculture States Security Policy in Afghanistan on the Eve of Na- and the Commodity Credit Corporation to enter into tional Elections, 1 p.m., 2172 Rayburn. memorandums of understanding with a State regarding Committee on the Judiciary, Subcommittee on Crime, the collection of approved State commodity assessments Terrorism, and Homeland Security, to mark up the fol- on behalf of the State from the proceeds of marketing as- lowing measures: H.R. 4547, Defending America’s Most sistance loans; H.R. 4918, To provide for the conveyance Vulnerable Safe Access to Drug Treatment and Child of certain Federal land administered by the Department Protection Act of 2004; S. 1194, Mentally Ill Offender of Agriculture in the City of Bastrop, Louisiana, to the Treatment and Crime Reduction Act of 2003; and H.R. City to permit the City to establish and operate a re- 4264, Animal Fighting Prohibition Enforcement Act of gional emergency services training center for firefighters, 2004, 9 a.m., 2141 Rayburn. police, and EMS personnel serving rural communities in Committee on Resources, Subcommittee on Fisheries Con- northeast Louisiana, southern Arkansas, and western Mis- servation, Wildlife and Oceans, oversight hearing on the sissippi; H.R. 5042, To amend the Department of Agri- Upcoming Thirteenth Regular Meeting of the Conference culture Organic Act of 1944 to ensure that the depend- of the Parties (COP13) to the Convention on Inter- ents of employees of the Forest Service stationed in Puer- national Trade in Endangered Species of Wild Fauna and to Rico receive a high-quality elementary and secondary Flora (CITES), 2 p.m., 1324 Longworth. education; and S. 1814, To transfer federal lands between Committee on Ways and Means, September 23, Sub- the Secretary of Agriculture and the Secretary of the Inte- committee on Select Revenue Measures, hearing on Select rior, 1 p.m., 1300 Longworth. Tax Issues, 11:30 a.m., 1100 Longworth.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11 a.m., Thursday, September 23 9 a.m., Thursday, September 23

Senate Chamber House Chamber Program for Thursday: After the transaction of morn- Program for Thursday: Joint Meeting to Receive His ing business (not to extend beyond 30 minutes), Senate Excellency Ayad Allawi, Interim Prime Minister of the hopes to begin consideration of the Foreign Operations Republic of Iraq. Appropriations bill for fiscal year 2005 and the Con- Consideration of H.R. 2028, Pledge Protection Act of ference Report to accompany H.R. 1308, Tax Relief, 2004 (structured rule, one hour of debate). Simplification and Equity Act. (At approximately 9:30 a.m., Senators will meet in the Sen- ate Chamber to proceed to the House of Representatives for a Joint Meeting of Congress, to begin at 10 a.m., to receive an address from His Excellency Ayad Allawi, Prime Minister of the Interim Government of the Republic of Iraq.)

Extensions of Remarks, as inserted in this issue

HOUSE Honda, Michael M., Calif., E1682 Pelosi, Nancy, Calif., E1675 Hooley, Darlene, Ore., E1680 Pomeroy, Earl, N.D., E1688 Andrews, Robert E., N.J., E1680, E1681 Hoyer, Steny H., Md., E1688 Rogers, Mike, Ala., E1673 Blumenauer, Earl, Ore., E1676 John, Christopher, La., E1681 Rothman, Steven R., N.J., E1681 Burgess, Michael C., Tex., E1682, E1684 Kennedy, Patrick J., R.I., E1688 Shays, Christopher, Conn., E1675 Capuano, Michael E., Mass., E1674 Kind, Ron, Wisc., E1682 Carson, Julia, Ind., E1673 Kleczka, Gerald D., Wisc., E1687 Skelton, Ike, Mo., E1678 Conyers, John, Jr., Mich., E1687 Lee, Barbara, Calif., E1686 Slaughter, Louise McIntosh, N.Y., E1676 Cooper, Jim, Tenn., E1674, E1678 Levin, Sander M., Mich., E1676 Smith, Nick, Mich., E1685 Davis, Lincoln, Tenn., E1673, E1673, E1675 McNulty, Michael R., N.Y., E1679 Solis, Hilda L., Calif., E1674 Davis, Susan A., Calif., E1683 Meek, Kendrick B., Fla., E1678 Stark, Fortney Pete, Calif., E1684 Deutsch, Peter, Fla., E1675 Miller, George, Calif., E1676 Tancredo, Thomas G., Colo., E1685 Dingell, John D., Mich., E1674 Musgrave, Marilyn N., Colo., E1678, E1679, E1680 Udall, Mark, Colo., E1684, E1686, E1688 Eshoo, Anna G., Calif., E1686 Ney, Robert W., Ohio, E1673, E1679, E1680, E1682, Wilson, Heather, N.M., E1678 Filner, Bob, Calif., E1685 E1683, E1684, E1685, E1686, E1687 Wilson, Joe, S.C., E1686 Gallegly, Elton, Calif., E1677, E1685 Norton, Eleanor Holmes, D.C., E1677 Hastings, Alcee L., Fla., E1689 Oxley, Michael G., Ohio, E1679, E1681 Woolsey, Lynn C., Calif., E1682, E1683, E1685

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