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, APRIL 21, 2004 No. 52 House of Representatives The House met at 10 a.m. and was THE JOURNAL Mr. COLLINS. Mr. Speaker, I rise called to order by the Speaker pro tem- The SPEAKER pro tempore. The today to salute the Reverend Woodrow pore (Mr. BASS). Chair has examined the Journal of the Hudson, who gave this morning’s open- last day’s proceedings and announces ing prayer. Reverend Hudson is the Di- f to the House his approval thereof. rector of Chaplaincy Services for the Pursuant to clause 1, rule I, the Jour- Georgia Department of Corrections. He DESIGNATION OF THE SPEAKER nal stands approved. leads 118 field chaplains and approxi- PRO TEMPORE f mately 4,000 certified prison volunteers The SPEAKER pro tempore laid be- in 39 of our State prisons, six transi- PLEDGE OF ALLEGIANCE fore the House the following commu- tional centers, six probation detention nication from the Speaker: The SPEAKER pro tempore. Will the centers, and three private prisons in gentleman from Georgia (Mr. COLLINS) WASHINGTON, DC, the State of Georgia. April 21, 2004. come forward and lead the House in the In the Reverend’s Chaplaincy Serv- I hereby appoint the Honorable CHARLES F. Pledge of Allegiance. ices section are the Prison Volunteers BASS to act as Speaker pro tempore on this Mr. COLLINS led the Pledge of Alle- and the Reentry Aftercare Partnership. day. giance as follows: These volunteers offer and provide spir- J. DENNIS HASTERT, I pledge allegiance to the Flag of the itual guidance to over 50,000 inmates in Speaker of the House of Representatives. United States of America, and to the Repub- all of Georgia’s correctional institu- lic for which it stands, one nation under God, tions. The Reentry Aftercare Partner- f indivisible, with liberty and justice for all. ship works with churches to provide f guidance to inmates returning to their PRAYER MESSAGE FROM THE SENATE communities. The Reverend Dr. Woodrow Hudson, A message from the Senate by Mr. Before Reverend Hudson became Di- Chaplain, Georgia Department of Cor- Monahan, one of its clerks, announced rector of Chaplaincy Services in Geor- rections, Atlanta, Georgia, offered the that the Senate has passed without gia, he was a pastor for 32 years in following prayer: amendment bills of the House of the churches in Mississippi and Georgia. He Gracious and merciful God, as we following titles: was active in many community organi- gather in this hallowed hall with the zations in each community where he Members of the House of Representa- H.R. 1274. An act, to direct the Adminis- trator of General Services to convey to Fres- served as pastor. Reverend Hudson re- tives, we thank You for the great herit- no County, California, the existing Federal sides in Carollton, Georgia, with his age of this body. May our interactions courthouse in that county. wife, Betty, and we welcome his wife in with others bring hope and courage. H.R. 2489. An act to provide for the dis- the gallery. They have been married May our times together teach us pa- tribution of judgment funds to the Cowlitz for 45 years and have three children. tience and perseverance. May our ses- Indian Tribe. And, Mr. Speaker, one of his daughters sion together be a time of learning and H.R. 3118. An act to designate the Orville Wright Federal Building and the Wilbur serves this Nation as an officer in the growth with productive results. Wright Federal Building in Washington, Dis- Secret Service. O God, protect us from knowledge trict of Columbia. Mr. Speaker, as a Member of Con- that has no benefit. Protect us from a The message also announced that the gress, I ask my colleagues to please heart that is not humble. Protect us Senate has passed a bill of the fol- join me in welcoming Reverend Wood- from a soul that is never satisfied. And lowing title in which the concurrence row Hudson, Jr., for his outstanding protect us from a prayer that is never of the House is requested: service to Georgia and for his out- answered. S. 1814. An act to transfer Federal lands be- standing opening prayer this morning. Help us to remember You, to rev- tween the Secretary of Agriculture and the f erence You, to obey You, to humble Secretary of the Interior. NATIONAL DAY OF SILENCE ourselves before You, to turn toward f You in repentance. (Mr. FARR asked and was given per- Bless, O Lord, these women and men IN RECOGNITION OF THE mission to address the House for 1 who are defending our country and our REVEREND WOODROW HUDSON minute and to revise and extend his re- freedoms in these days of war. (Mr. COLLINS asked and was given marks.) We ask these things in the name of permission to address the House for 1 Mr. FARR. Mr. Speaker, I rise today our Saviour. Amen. minute.) to provide a voice to those who too

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

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VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE H2204 CONGRESSIONAL RECORD — HOUSE April 21, 2004 often are silenced: the gay, lesbian, bi- Mr. EMANUEL. Mr. Speaker, Lake Ms. JACKSON-LEE of Texas. Mr. sexual or transgender students who Michigan and the other Great Lakes Speaker, I do not think anything can face verbal, nonverbal, and physical are the largest body of freshwater in negate the fact that this President has harassment in our schools. North America. They contain literally lost more jobs, 3 million jobs, than any Today is the National Day of Silence 20 percent of the entire world’s fresh- President in our history. across this country. Students have water. Twenty-eight million Americans But, Mr. Speaker, I stand today to taken a vow of silence to protest the get their daily drinking water from offer a word of condolence, but also to discrimination and intolerance that Lake Michigan and the other Great pay tribute to those who have lost gay, lesbian, bisexual, and transgender Lakes, and yet we treat it as just an their lives in Iraq, the men and women students face on a daily basis. overgrown pond. Today it is being pol- of the United States military, innocent In my district I am especially proud luted with invasive species, urban run- citizens, and to challenge the Presi- of Safe Schools Project of Santa Cruz off, and mercury hot spots. dent, as the 9/11 Commission families County, which is coordinated by Santa We have a bipartisan bill endorsed by have challenged him, to apologize to Cruz County High School senior Nikira every Governor, every Senator from the American people for misdirecting Hernandez. This program focuses on the Great Lakes, and 108 Members out men and women of the military, now making K-through-12 schools in Santa of 125 from the Great Lakes region to reservists and National Guard, young Cruz County a safe place for all youth clean up the Great Lakes, dedicate $4 men and women, into a war that one regardless of their sexual orientation billion over 5 years, just like we are in- wonders whether it matters, into a war or gender identity. vesting in Iraq’s water and sewage sys- where there was not the kind of equip- Considering our country’s commit- tem, here in the United States to pre- ment that those soldiers needed, rein- ment to equality and liberty, it is dis- serve the largest body of freshwater in forced Humvees and other equipment, turbing that anyone is subjected to all of North America. flak jackets that they needed. harassment and discrimination based This issue is not an issue of left I am here to apologize and ask the on their sexual orientation or gender versus right. It is an issue of right President that he provide the nec- identity. We must work to protect our versus wrong. And it is time to make essary resources for these troops so youth from violence and hatred while our investments in our future and our that lives will not continue to be lost, fostering a positive academic environ- environmental quality and water qual- so that mothers and fathers, wives and ment free of derogatory statements, ity in what is truly a great national relatives will not have to continue to taunts, and slurs. For that reason I am proud to co- heritage, our Great Lakes. mourn. It is a tragedy the policy that sponsor H. Con. Res. 86, which memori- f we have seen in this United States, a policy of reckless direction of men and alizes the National Day of Silence. SENATOR KERRY’S ECONOMIC women in war, bloodshed unnecessary. PLAN WOULD HARM OUR ECON- f Mr. President and the administra- OMY TAX RELIEF tion, Mr. Vice President, we need a (Mr. SHIMKUS asked and was given (Mr. PITTS asked and was given per- plan, and you need to offer it to the permission to address the House for 1 mission to address the House for 1 American people now. minute and to revise and extend his re- minute and to revise and extend his re- f marks.) marks.) Mr. PITTS. Mr. Speaker, the Demo- ANNOUNCEMENT BY THE SPEAKER Mr. SHIMKUS. Mr. Speaker, last PRO TEMPORE week millions of Americans got a sur- crat candidate for President has prom- prise when they filed their tax returns. ised to create 10 million jobs if elected, The SPEAKER pro tempore. The This year a record 44 million tax re- but a recent economic analysis of his Chair will remind the Members to ad- turns, one-third of all returns filed, plan by the Heritage Foundation says dress their remarks to the Chair and have no income tax liability because of he is wrong and showed four negative not to the President. the available credits and deductions in effects of his scheme. First, employ- f ment growth slows under his plan with the Tax Code. This is a 50 percent in- IN PRAISE OF ‘‘NATURALAWN,’’ A 225,000 fewer jobs created per year crease in the number of zero-tax filers BUSINESS IN FREDERICK, MARY- under his policy, in contrast to the fact in just 4 years. The vast majority of LAND these 44 million filers are from low-in- that in the first quarter of this year, come households who saw their tax li- 513,000 new jobs have been created. (Mr. BARTLETT asked and was given ability disappear thanks to the tax Secondly, GDP growth slows for the permission to address the House for 1 cuts pushed by President Bush and this next decade, underperforming by $20 minute and to revise and extend his re- House. billion in just the first 5 years. marks.) The expansion of the 10 percent Third, after-tax income shrinks. And Mr. BARTLETT of Maryland. Mr. bracket, the increased child tax credit, this makes sense. Taxes go up, take- Speaker, this Earth Day I want to rec- and the marriage penalty relief are the home pay goes down. And under the ognize a company from my district leading reasons that so many people Democrat plan, take-home pay plum- that is making a product people want were able to have zero liability. All mets $240 billion below current projec- and is beneficial for the environment. these tax provisions are in jeopardy if tions. NaturaLawn is a business located in Congress does not act to extend them And, lastly, savings plummet. The downtown Frederick, Maryland. Start- by the end of this year. personal savings rate would average 17 ing small in 1987, they have grown to These are not tax cuts for the rich. percent less during just the first year become the fourth largest lawn care They are tax provisions designed to of his administration. service provider in the United States, help working men and women bring Each of these items would reverse generating in excess of $24 million. home more of their paychecks. In fact, trends started by President Bush’s eco- NaturaLawn identified a product 75 percent of the 44 million will earn nomic recovery program, a plan that is that would have popular appeal, an or- less than $20,000 per year, and 97 per- working. ganic-based fertilization program that cent will earn less than $40,000 per In the end his tax-and-spend, rob-the- uses naturally based ingredients as op- year. rich-to-pay-the-government economic posed to traditional chemical fer- Congress needs to extend these provi- scheme will do more harm than good. tilizers. This product is environ- sions and continue giving tax relief to f mentally friendly and provides a de- working America. sired product. The company has cre- URGING APOLOGY FROM THE f ated many franchises across the Na- PRESIDENT tion. THE GREAT LAKES (Ms. JACKSON-LEE of Texas asked All of these great things were done (Mr. EMANUEL asked and was given and was given permission to address privately in our free enterprise system permission to address the House for 1 the House for 1 minute and to revise of Congress. No governmental regula- minute.) and extend her remarks.) tions or mandates caused this business

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE April 21, 2004 CONGRESSIONAL RECORD — HOUSE H2205 to exist, simply good sense, hard work, lion; Medicare part B, $23 trillion; SECTION 1. SHORT TITLE. and a desire to create products for peo- Medicare part D, the new drug bill, This Act may be cited as the ‘‘Green Chem- ple who want to purchase environ- $16.6 trillion; Social Security, $12 tril- istry Research and Development Act of mentally friendly services for their lion. 2004’’. lives. At this time, I just call on all my col- Congratulations to this innovative leagues to be tight-fisted. Let us start SEC. 2. DEFINITIONS. company for its success in helping cre- prioritizing spending and reduce the In this Act— ate jobs and protect the environment tremendous burden we are placing on (1) the term ‘‘green chemistry’’ means through private enterprise. our kids and our grandkids. chemistry and chemical engineering to design chemical products and processes that f f reduce or eliminate the use or generation of HERITAGE CLASSIC OF GOLF hazardous substances; LAMENTING BASRA ATTACKS (2) the term ‘‘Interagency Working Group’’ TOURNAMENT (Mr. PENCE asked and was given per- means the interagency working group estab- (Mr. WILSON of South Carolina mission to address the House for 1 lished under section 3(c); and asked and was given permission to ad- minute and to revise and extend his re- (3) the term ‘‘Program’’ means the Green dress the House for 1 minute and to remarks.) Chemistry Research and Development Pro- vise and extend his remarks.) Mr. Speaker, we are challenged to gram described in section 3. Mr. WILSON of South Carolina. Mr. mourn with those who mourn and SEC. 3. GREEN CHEMISTRY RESEARCH AND DE- Speaker, last weekend I had the privi- grieve with those who grieve. As I rose VELOPMENT PROGRAM. lege of joining thousands of visitors this morning to learn that suicide (a) IN GENERAL.—The President shall es- from across the world in celebrating bombers had killed at least 68 people, tablish a Green Chemistry Research and De- the MCI Heritage Classic of Golf Tour- many of them small children en route velopment Program to promote and coordi- nament held on Hilton Head Island, to school, in coordinated strikes on nate Federal green chemistry research, de- South Carolina. four police stations in the southern velopment, demonstration, education, and The Heritage has a rich history, with Iraqi city of Basra, I grieved and I technology transfer activities. the first tournament won by Arnold mourned. (b) PROGRAM ACTIVITIES.—The activities of Palmer in 1969. This year’s champion is Scarcely 1 month ago, I walked the the Program shall be designed to— Stewart Cink, who won in dramatic streets of Basra as a part of the first (1) provide sustained support for green fashion on the fifth playoff round with congressional delegation to visit that chemistry research, development, dem- Ted Purdy. ancient city. Although Basra is the onstration, education, and technology trans- Yet the more important story of this second largest city in Iraq, it has been fer through— popular Lowcountry event is the work relatively peaceful and secure since co- (A) merit-reviewed competitive grants to of the Heritage Golf Classic Founda- alition forces liberated it from 30 years individual investigators and teams of inves- tion. This nonprofit organization oper- tigators, including, to the extent prac- of tyranny of Saddam Hussein. ticable, young investigators, for research ates the tournament every year while Our prayers go out to the families af- and development; generating over $50 million for the fected by today’s horrific bombings and (B) grants to fund collaborative research South Carolina and Georgia hospitality to our British allies charged with their and development partnerships among univer- industry. The Heritage Golf Classic security. Today’s attacks on Iraqi men, sities, industry, and nonprofit organizations; Foundation also distributed a record women, and especially children, in the (C) green chemistry research, development, $1.2 million to charities in 2003, includ- city of Basra, shows the utter deprav- demonstration, and technology transfer con- ing such areas as education to public ity of our enemies and the enemies of ducted at Federal laboratories; and health. freedom in Iraq. (D) to the extent practicable, encourage- Heartfelt congratulations are due ment of consideration of green chemistry The good people of Basra, with whom in— Heritage Classic Foundation Chairman I spent the day 27 February, 2004, de- (i) the conduct of Federal chemical science Joe Fraser, Vice President Ed serve better. They are freedom-loving and engineering research and development; Dowaschinski, Secretary John Curry, and decent people, and we and our al- and and Tournament Director Steve lies will not waver in our commitment (ii) the solicitation and evaluation of all Wilmot for yet another successful tour- to deliver it to them. proposals for chemical science and engineer- nament hosted by the Sea Pines Resort ing research and development; f led by President Michael Lawrence. (2) examine methods by which the Federal In conclusion, may God bless our ANNOUNCEMENT BY THE SPEAKER Government can create incentives for con- troops, and we will never forget Sep- PRO TEMPORE sideration and use of green chemistry processes and products; tember 11. The SPEAKER pro tempore (Mr. (3) facilitate the adoption of green chem- f BASS). Pursuant to clause 8 of rule XX, istry innovations; (4) expand education and training of under- b 1015 the Chair will postpone further proceedings today on motions to suspend graduate and graduate students, and profes- PRIORITIZE SPENDING AND RE- the rules on which a recorded vote or sional chemists and chemical engineers, in- DUCE BURDEN ON OUR CHIL- the yeas and nays are ordered or on cluding through partnerships with industry, DREN in green chemistry science and engineering; which the vote is objected to under (5) collect and disseminate information on (Mr. SMITH of Michigan asked and clause 6 of rule XX. green chemistry research, development, and was given permission to address the Record votes on postponed questions technology transfer, including information House for 1 minute and to revise and will be taken later today. on— (A) incentives and impediments to develop- extend his remarks.) f Mr. SMITH of Michigan. Mr. Speak- ment and commercialization; er, we are now in the process of decid- GREEN CHEMISTRY RESEARCH (B) accomplishments; AND DEVELOPMENT ACT OF 2004 (C) best practices; and ing how much money we are going to (D) costs and benefits; spend. The budget is being finally de- Mr. GINGREY. Mr. Speaker, I move (6) provide venues for outreach and dis- cided, and then the appropriations to suspend the rules and pass the bill semination of green chemistry advances such process makes the decision, where (H.R. 3970) to provide for the implemen- as symposia, forums, conferences, and writ- money is spent and how big should gov- tation of a Green Chemistry Research ten materials in collaboration with, as ap- ernment be. and Development Program, and for propriate, industry, academia, scientific and Tom Savings, an actuary with both other purposes, as amended. professional societies, and other relevant Medicare and Social Security, came to The Clerk read as follows: groups; (7) support economic, legal, and other ap- my office a couple of weeks ago. This is H.R. 3970 propriate social science research to identify what he said where our promises ex- Be it enacted by the Senate and House of Rep- barriers to commercialization and methods ceed our ability to pay for it, unfunded resentatives of the United States of America in to advance commercialization of green liabilities: Medicare part A, $21 tril- Congress assembled, chemistry; and

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE H2206 CONGRESSIONAL RECORD — HOUSE April 21, 2004 (8) provide for public input and outreach to SEC. 6. UNDERGRADUATE EDUCATION IN CHEM- Science Foundation is spending on green be integrated into the Program by the con- ISTRY AND CHEMICAL ENGINEER- chemistry through its ongoing chemistry vening of public discussions, through mecha- ING. and chemical engineering programs. nisms such as citizen panels, consensus con- (a) PROGRAM AUTHORIZED.—(1) As part of (b) NATIONAL INSTITUTE OF STANDARDS AND ferences, and educational events, as appro- the Program activities under section 3(b)(4), TECHNOLOGY.—From sums otherwise author- priate. the Director of the National Science Founda- ized to be appropriated, there are authorized (c) INTERAGENCY WORKING GROUP.—The tion shall carry out a program to award to be appropriated to the National Institute President shall establish an Interagency grants to institutions of higher education to of Standards and Technology for carrying Working Group, which shall include rep- support efforts by such institutions to revise out this Act— resentatives from the National Science their undergraduate curriculum in chemistry (1) $5,000,000 for fiscal year 2005; Foundation, the National Institute of Stand- and chemical engineering to incorporate (2) $5,500,000 for fiscal year 2006; and ards and Technology, the Department of En- green chemistry concepts and strategies. (3) $6,000,000 for fiscal year 2007. ergy, the Environmental Protection Agency, (2) Grants shall be awarded under this sec- (c) DEPARTMENT OF ENERGY.—From sums and any other agency that the President tion on a competitive, merit-reviewed basis otherwise authorized to be appropriated, may designate. The Director of the National and shall require cost sharing in cash from there are authorized to be appropriated to Science Foundation and the Assistant Ad- non-Federal sources, to match the Federal the Department of Energy for carrying out ministrator for Research and Development of funding. this Act— the Environmental Protection Agency shall (b) SELECTION PROCESS.—(1) An institution (1) $7,000,000 for fiscal year 2005; serve as co-chairs of the Interagency Work- of higher education seeking funding under (2) $7,500,000 for fiscal year 2006; and ing Group. The Interagency Working Group this section shall submit an application to (3) $8,000,000 for fiscal year 2007. shall oversee the planning, management, and the Director at such time, in such manner, (d) ENVIRONMENTAL PROTECTION AGENCY.— coordination of the Program. The Inter- and containing such information as the Di- From sums otherwise authorized to be appro- agency Working Group shall— rector may require. The application shall in- priated, there are authorized to be appro- (1) establish goals and priorities for the clude at a minimum— priated to the Environmental Protection Program, to the extent practicable in con- (A) a description of the content and sched- Agency for carrying out this Act— sultation with green chemistry researchers ule for adoption of the proposed curricular (1) $7,000,000 for fiscal year 2005; and potential end-users of green chemistry revisions to the courses of study offered by (2) $7,500,000 for fiscal year 2006; and products and processes; and the applicant in chemistry and chemical en- (3) $8,000,000 for fiscal year 2007. gineering; and (2) provide for interagency coordination, The SPEAKER pro tempore. Pursu- including budget coordination, of activities (B) a description of the source and amount under the Program. of cost sharing to be provided. ant to the rule, the gentleman from (d) AGENCY BUDGET REQUESTS.—Each Fed- (2) In evaluating the applications sub- Georgia (Mr. GINGREY) and the general agency and department participating in mitted under paragraph (1), the Director tleman from Tennessee (Mr. GORDON) the Program shall, as part of its annual re- shall consider, at a minimum— each will control 20 minutes. quest for appropriations to the Office of (A) the level of commitment demonstrated The Chair recognizes the gentleman Management and Budget, submit a report to by the applicant in carrying out and sus- from Georgia (Mr. GINGREY). the Office of Management and Budget which taining lasting curriculum changes in ac- GENERAL LEAVE identifies its activities that contribute di- cordance with subsection (a)(1); and rectly to the Program and states the portion (B) the amount of cost sharing to be pro- Mr. GINGREY. Mr. Speaker, I ask of its request for appropriations that is allo- vided. unanimous consent that all Members cated to those activities. The President shall (c) AUTHORIZATION OF APPROPRIATIONS.—In may have 5 legislative days within include in his annual budget request to Con- addition to amounts authorized under sec- which to revise and extend their re- gress a statement of the portion of each tion 8, from sums otherwise authorized to be marks and include extraneous material agency’s or department’s annual budget re- appropriated by the National Science Foun- on H.R. 3970. quest allocated to its activities undertaken dation Authorization Act of 2002, there are The SPEAKER pro tempore. Is there authorized to be appropriated to the Na- pursuant to the Program. objection to the request of the gen- (e) REPORT TO CONGRESS.—Not later than 2 tional Science Foundation for carrying out years after the date of enactment of this this section $7,000,000 for fiscal year 2005, tleman from Georgia? Act, the Interagency Working Group shall $7,500,000 for fiscal year 2006, and $8,000,000 There was no objection. transmit a report to the Committee on for fiscal year 2007. Mr. GINGREY. Mr. Speaker, I yield Science of the House of Representatives and SEC. 7. STUDY ON COMMERCIALIZATION OF myself such time as I may consume. the Committee on Commerce, Science, and GREEN CHEMISTRY. Mr. Speaker, first let me thank the Transportation of the Senate. This report (a) STUDY.—The Director of the National gentleman from New York (Chairman shall include— Science Foundation shall enter into an ar- BOEHLERT); the ranking member, the (1) a summary of federally funded green rangement with the National Research Coun- gentleman from Tennessee (Mr. GOR- chemistry research, development, dem- cil to conduct a study of the factors that DON); the gentlewoman from Texas (Ms. onstration, education, and technology trans- constitute barriers to the successful com- fer activities, including the green chemistry mercial application of promising results EDDIE BERNICE JOHNSON); the gen- budget for each of these activities; and from green chemistry research and develop- tleman from Michigan (Mr. EHLERS), (2) an analysis of the progress made toward ment. and all of my Committee on Science achieving the goals and priorities for the (b) CONTENTS.—The study shall— colleagues for their hard work in bring- Program, and recommendations for future (1) examine successful and unsuccessful ating this important bipartisan piece of program activities. tempts at commercialization of green chem- legislation through committee and be- SEC. 4. BIENNIAL REPORT. istry in the United States and abroad; and fore the House floor today. (2) recommend research areas and prior- Section 37(a) of the Science and Engineer- In particular, I would like to thank ing Equal Opportunities Act (42 U.S.C. ities and public policy options that would 1885d(a)) is amended by striking ‘‘By Janu- help to overcome identified barriers to com- the ranking member, the gentleman ary 30, 1982, and biennially thereafter’’ and mercialization. from Tennessee (Mr. GORDON) and the inserting ‘‘By January 30 of each odd-num- (c) REPORT.—The Director shall submit a gentlewoman from Texas (Ms. EDDIE bered year’’. report to the Committee on Science of the BERNICE JOHNSON) and their staffs for SEC. 5. MANUFACTURING EXTENSION CENTER House of Representatives and the Committee continuing to work with us on this leg- GREEN SUPPLIERS NETWORK on Commerce, Science, and Transportation islation. GRANT PROGRAM. of the Senate on the findings and rec- The resulting manager’s amendment Section 25(a) of the National Institute of ommendations of the study within 18 months Standards and Technology Act (15 U.S.C. after the date of enactment of this Act. is truly a bipartisan bill. Defined as the 278k(a)) is amended— SEC. 8. AUTHORIZATION OF APPROPRIATIONS. design of chemical products and proc- (1) by striking ‘‘and’’ at the end of para- (a) NATIONAL SCIENCE FOUNDATION.—(1) esses that reduce or eliminate the use graph (4); From sums otherwise authorized to be appro- or generation of hazardous substances, (2) by striking the period at the end of priated by the National Science Foundation green chemistry represents an emerg- paragraph (5) and inserting ‘‘; and’’; and Authorization Act of 2002, there are authoring field with much promise. (3) by adding at the end the following: ized to be appropriated to the National As a chemistry major trained in tra- ‘‘(6) the enabling of supply chain manufac- Science Foundation for carrying out this ditional chemistry at the Georgia In- turers to continuously improve products and Act— stitute of Technology, I am very ex- processes, increase energy efficiency, iden- (A) $7,000,000 for fiscal year 2005; tify cost-saving opportunities, and optimize (B) $7,500,000 for fiscal year 2006; and cited about the potential environ- resources and technologies with the aim of (C) $8,000,000 for fiscal year 2007. mental, economic and human health reducing or eliminating the use or genera- (2) The sums authorized by paragraph (1) benefits of green chemistry. Preventing tion of hazardous substances.’’. are in addition to any funds the National pollution and waste in the first place is

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE April 21, 2004 CONGRESSIONAL RECORD — HOUSE H2207 often cheaper than mitigating and changes encouraged through this pro- to 10-time improvement in the reduc- cleaning it up later, and the develop- gram will assure that students are fa- tion of waste products. At commercial ment of new products and processes miliar with green chemistry and ready product volumes, this equates to hun- will help spur economic growth. to enter the workforce with skills in dreds of thousands of kilograms of Currently, many chemical processes pollution prevention and green design. costly waste prevented each year for are conducted at extreme temperature The explicit authorization for research each product where there is a green and/or pressure, two conditions that in economics and other relevant social chemistry alternative. present a risk for workers. Also, many sciences will help us to better under- What is more, there is no need to chemical processes involve toxic sub- stand the barriers to widespread adop- purchase raw materials that are lost to stances. Green chemistry aims to de- tion of the green chemistry techniques. unwanted by-products. The cost sav- sign processes that can be conducted at H.R. 3970 is a good start. However, we ings are clear, and the environmental or near room temperature and pressure are disappointed that the bill does not benefits are clear. and that actually use benign materials. go far enough to move findings in the I urge my colleagues to support this Both of these steps improve working laboratory into practice on the factory measure and establish a Green Chem- conditions for employees. Yet, despite floor. There are a number of green istry Research and Development Pro- all of the promises of green chemistry, chemistry success stories. The Presi- gram to promote this technology at the Federal Government invests very dential Green Chemistry Challenge the Federal level. It is good for science, little in this area. Program, established in 1995, has recog- it is good for the environment, it is H.R. 3970, the Green Chemistry Re- nized these achievements. But many good for the American people. search and Development Act, will es- other safer chemical substitutes and Mr. GORDON. Mr. Speaker, I yield tablish a research and development pollution prevention techniques are such time as she may consume to the program to promote and coordinate not widely used. gentlewoman from Texas (Ms. EDDIE Federal green chemistry research, de- Research and development alone are BERNICE JOHNSON). velopment, demonstration, education not sufficient ingredients to guarantee Ms. EDDIE BERNICE JOHNSON of and technology transfer activities the transition to a safer, cleaner envi- Texas. Mr. Speaker, let me express my within the National Science Founda- ronment. And this is an area where re- appreciation for the leadership of this tion, the Environmental Protection search has been done for a number of committee. We operate in a spirit of ci- Agency, the National Institute of years. Programs and policies to over- vility at all times, and we are all very Standards and Technology, and the De- come the barriers to more widespread proud of that. partment of Energy. adoption of green chemistry must be We as legislators preach about how This legislation provides modest and part of a truly comprehensive Federal we want to make this world a better prudent focus in an area that, frankly, green chemistry program. place for those who are to follow. The deserves greater Federal attention. The Democratic amendments on procure- Green Chemistry Research and Devel- program will support research and de- ment, homeland security, and tech- opment Act is a first step to increasing velopment grants, including grants for nical assistance grants would have cre- the use of renewable fuels, encouraging university, industry, and nonprofit ated incentives to adopt green chem- manufacturing processes that generate partnerships. It will support green istry practices. We hope this bill will less toxic waste and promote the devel- chemistry research at Federal labs, continue to expand in scope as it moves opment of materials which can be eas- promote education through curricula forward in the legislative process. ily recycled. development and fellowships, and col- Mr. Speaker, I reserve the balance of I am pleased that my colleague, the lect and disseminate information about my time. gentleman from Georgia (Mr. green chemistry. Mr. GINGREY. Mr. Speaker, I yield 2 GINGREY), has introduced the Green H.R. 3970 is fiscally prudent in these minutes to the distinguished gen- Chemistry Research and Development times of budgetary constraints by ob- tleman from Connecticut (Mr. SIM- Act of 2004, and I am proud to be an taining funding for this program from MONS), who is a cosponsor of this bill. original cosponsor of this legislation. sums already authorized to be appro- Mr. SIMMONS. I thank the gen- Green chemistry is the utilization of priated at the four agencies I men- tleman for yielding me time. a set of principles that reduces or tioned, and it does not authorize the Mr. Speaker, I rise today in strong eliminates the use or generation of expenditure of any new money. support of H.R. 3970, the Green Chem- hazardous substances in the design, Traditional chemical companies, istry Research and Development Act of manufacture, and application of chem- pharmaceutical companies, carpet and 2004. I do so because I am an advocate ical products. rug manufacturers and biotechnology of this innovative effort to further sci- Over the past decade, there has been corporations, all who we have heard entific research while minimizing envi- increasing interest in a fundamental from in committee hearings, have en- ronmental harm. new approach to environmental protec- dorsed H.R. 3970, showing a broad range Last year, I met Dr. Berkeley Cue, tion. In studying green chemistry, we of support for the merits of this legisla- Jr., of Ledyard, Connecticut. Dr. Cue is realize that science and technology can tion. They all realize that the advance- a recently retired chemist at Pfizer’s help produce processes and products ment of green chemistry is positive for Global R&D headquarters in Groton, that are both more environmentally their industries, the environment, the Connecticut; and he spoke passionately benign and economically attractive. economy as a whole, and all of our Na- about his work on the Green Chemistry I would like also to take this oppor- tion’s citizens. Institute’s Board of Directors and ex- tunity to thank the Chair for working Mr. Speaker, I reserve the balance of plained to me some of the exciting in a bipartisan manner and our ranking my time. prospects that green chemistry holds. member, as we often do in the Com- Mr. GORDON. Mr. Speaker, I yield Green chemistry has been defined ‘‘as mittee on Science, for incorporating myself such time as I may consume. the utilization of a set of principles parts of amendments that I introduced Mr. Speaker, first of all, let me that reduces or eliminates the use or during markup in the committee. Most thank the gentleman from Georgia generation of hazardous substances in importantly, I appreciate the language (Mr. GINGREY) for putting this issue on the design, manufacture and applica- that requires a study by the National the table. I also would like to thank tion of chemical products.’’ Academy of Sciences on barriers to the gentleman from New York (Chair- According to a 1994 pharmaceutical commercialization of green chemistry. man BOEHLERT) for working with us to industry process efficiency analysis, As was evident by the committee’s incorporate some of our suggestions for every kilogram of a given drug pro- hearing on H.R. 3970, success at com- into the manager’s amendment. duced, between 25 and 100 kilograms of mercialization can be problematic, The legislation now includes a grant waste are produced. For those proc- even for technical innovations that program to encourage universities to esses where there is a green chemistry seem to be obvious candidates for ex- incorporate green chemistry into un- application, this number was reduced ploitation. dergraduate curricula in chemistry and to between 5 and 10 kilograms of waste The purpose of the study would be to chemical engineering. The curriculum per kilogram of product. This is a five- systematically assess successful and

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE H2208 CONGRESSIONAL RECORD — HOUSE April 21, 2004 unsuccessful attempts at commer- ernment actions are complex and con- nology and Standards, the gentleman cialization of green chemistry innova- troversial and should be taken up in from Michigan (Mr. EHLERS). tions here and abroad and attempt to other bills. Mr. EHLERS. Mr. Speaker, back in tease out the controlling factors. For now let us take care of first 1974 I ran for public office on an envi- In addition, I am pleased that the things first. Let us make sure that the ronmental platform. I have been an en- manager’s amendment clarifies that government is doing everything pos- vironmentalist for many years, and I the funds provided by the bill for fo- sible to ensure that green chemistry have always tried to keep the environ- cused green chemistry research is in research and development is getting ment in the forefront in discussions in addition to the amounts the agency the attention it deserves to ensure that this Congress. I am also, however, what currently spends in its base programs. education programs are designed to you might call a common-sense envi- This addition is also very important, teach more students and practicing ronmentalist. I believe in environ- and I would like to thank the Chair for chemists and chemical engineers about mental issues and environmental including this in the manager’s amend- green chemistry, and to ensure that choices that make sense both for the ment. new ideas are broadly disseminated. environment and for the economy. And Although there is more work that If we do not have the ideas and the this bill is a sterling example of pre- can be done to strengthen this legisla- people, then no amount of government cisely what is involved in common- tion, it provides the right impetus to incentives or regulations are going to sense environmentalism. encourage the science and manufac- accelerate the adoption of green chem- The chemical industry makes and turing communities to start in the istry. This is a good and thoughtful and uses a great many chemicals. Disposal right direction, not only because green effective bill that takes a step we of those chemicals often becomes dis- chemistry can save them money now in should have taken long ago to make posal of hazardous waste, which is very the short term but because it can also sure that government R&D and edu- costly, very toxic and dangerous to the save our planet in the long term. cation programs promote the kind of environment. This bill will help de- chemistry that is in the national inter- velop green chemistry, chemistry that b 1030 est. is in tune with the environment so that Mr. GINGREY. Mr. Speaker, I yield I urge everyone to support the excel- both the products and the by-products such time as he may consume to the lent bill of the gentleman from Georgia are safe, and we do not generate as gentleman from New York (Mr. BOEH- (Mr. GINGREY). It is a most appropriate much or any hazardous waste, and we LERT), the honorable chairman of the way to recognize Earth Day which oc- do not have to worry about toxic waste House Committee on Science. curs tomorrow. polluting the groundwater. (Mr. BOEHLERT asked and was given Mr. GORDON. Mr. Speaker, we have Much work is required in this area permission to revise and extend his reno other comments, and I yield back both to change the habits of the edu- marks.) the balance of my time. cational institutions and the habits of Mr. BOEHLERT. Mr. Speaker, I rise Mr. GINGREY. Mr. Speaker, I yield 2 the chemical industry. They have to be in strong support of H.R. 3970. And I minutes to the gentleman from Michi- made aware of the many opportunities for green chemistry. And this is true want to congratulate our colleague, gan (Mr. SMITH), distinguished chair- the gentleman from Georgia (Mr. man of the Subcommittee on Research. also of the businesses that use chem- GINGREY), for having introduced it. In a Mr. SMITH of Michigan. Mr. Speak- ical products. For example, it appears short time he has become one of the er, I commend the gentleman from now that liquid carbon dioxide at the critical point is an outstanding clean- most active and effective members of Georgia (Mr. GINGREY), and I certainly the Committee on Science. I thank him commend the gentleman from Ten- ing fluid, certainly nontoxic, and would solve the pollution problem that many for his many, many contributions. nessee (Mr. GORDON), the gentlewoman launderers and cleaners face in this There is really only one unfortunate from Texas (Ms. EDDIE BERNICE JOHN- country. thing about this green chemistry bill, SON), the chairman of the committee, I strongly support this bill. It sup- and that is that none of us thought of (Mr. BOEHLERT). ports research to develop more green it before. Green chemistry is such an As we expand in population in this chemistry processes and includes provi- obvious area in which to focus that it home that we call Earth, being more sions to expand green chemistry edu- should be clear to anyone and everyone sensitive to the environment is contin- cation. This will enable the next gen- that more needs to be done in this ually a greater challenge and a greater eration of chemical professionals to field. need. So I commend the legislation. Green chemistry benefits companies bring innovative practices to tradi- The legislation is going to be good for tional chemical manufacturing. I am and workers, the economy, and the en- the economy. It is going to be good for most pleased to support the Green vironment. It is really just the applica- improving worker safety. It is going to Chemistry Research and Development tion of an old adage: An ounce of pre- be good for improving public safety, for Act. vention is worth a pound of cure. If we national security, and certainly it is Again, I thank the gentleman from reduce to ounces the quantity of toxic going to be better for our environ- Georgia (Mr. GINGREY) and the gentle- chemicals we use and produce, then we mental needs. woman from Texas (Ms. EDDIE BERNICE will not have to clean up pounds of We need to expand our thinking not JOHNSON) for their hard work on this toxics downstream. only for chemistry, but maybe for all important piece of legislation. I urge And this bill takes a sensible, tar- of the research that we do to be more my colleagues to support H.R. 3970, a geted approach to putting some Fed- sensitive to make sure that this Earth bill that will truly clean up the envi- eral dollars behind those prevention ef- continues to be as safe and beautiful ronment and at the same time aid the forts. It builds on existing programs at for future generations as it has been economy. a number of Federal agencies to trans- for us. So I urge my colleagues to sup- Mr. GINGREY. Mr. Speaker, I yield form those small and scattered efforts port Dr. GINGREY’s bill. back the balance of my time. into a focused, a coordinated, and an Mr. GINGREY. Mr. Speaker, I yield The SPEAKER pro tempore (Mr. enhanced national program. The result myself such time as I may consume. BASS). The question is on the motion of that program should be the genera- Mr. Speaker, while the full potential offered by the gentleman from Georgia tion and dissemination of new ideas of green chemistry is yet to be realized, (Mr. GINGREY) that the House suspend and new people, leading to the adoption H.R. 3970 will place us, as the chairman the rules and pass the bill, H.R. 3970, as of more green chemistry practices and just said, on the right path to research amended. the creation of more green chemistry in reaching that potential. I urge all of The question was taken. products by industry. my colleagues to support the bipar- The SPEAKER pro tempore. In the Now, I know some would like this bill tisan Green Chemistry Research and opinion of the Chair, two-thirds of to go further, and there is no doubt Development Act. those present have voted in the affirm- that there are additional barriers to Mr. Speaker, I yield 2 minutes to the ative. green chemistry that government ac- distinguished chairman of the Sub- Mr. GINGREY. Mr. Speaker, on that tion could help attack, but those gov- committee on Environment, Tech- I demand the yeas and nays.

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE April 21, 2004 CONGRESSIONAL RECORD — HOUSE H2209 The yeas and nays were ordered. (c) DISTRIBUTION OF INFORMATION.—(1) The be necessary for carrying out this Act, to be de- The SPEAKER pro tempore. Pursu- Director shall distribute information about the rived from amounts authorized by the National ant to clause 8 of rule XX and the Congressional Medal for Outstanding Contribu- Science Foundation Authorization Act of 2002. Chair’s prior announcement, further tions in Math and Science Education recipients The SPEAKER pro tempore. Pursu- in a timely and efficient manner (including ant to the rule, the gentleman from proceedings on this motion will be through the use of a searchable online data- Michigan (Mr. SMITH) and the gentle- postponed. base) to schools, institutions of higher edu- f cation, educators, parents, administrators, pol- woman from Texas (Ms. EDDIE BERNICE JOHNSON) each will control 20 minutes. CONGRESSIONAL MEDAL FOR OUT- icymakers, researchers, public and private entities, and the general public. The Chair recognizes the gentleman STANDING CONTRIBUTIONS IN (2) Any entity that is a finalist or receives a from Michigan (Mr. SMITH). MATH AND SCIENCE EDUCATION medal under this section may use such informa- Mr. SMITH of Michigan. Mr. Speak- ACT OF 2004 tion for advertising and other publicity purer, I yield myself such time as I may Mr. SMITH of Michigan. Mr. Speak- poses. consume. er, I move to suspend the rules and SEC. 5. ELIGIBILITY. First, I would like to commend the pass the bill (H.R. 4030) to establish the Eligibility to receive medals under section 4 of chairman and the ranking member and Congressional Medal for Outstanding this Act shall be limited to private entities certainly the gentlewoman from Texas that— (Ms. EDDIE BERNICE JOHNSON) for her Contributions in Math and Science (1) have, whether working alone or in part- Education program to recognize pri- help in moving ahead, trying to get nership with for-profit or nonprofit entities, as- more involvement from the business vate entities for their outstanding consisted students, teachers, administrators, or tributions to elementary and sec- other support staff to improve student achieve- community in helping with K-through- ondary science, technology, engineer- ment in science, technology, engineering, and 12 education, especially in the areas of ing, and mathematics education, as mathematics in a school or community; and math and science. This legislation establishes a na- amended. (2) have been involved in such activities in a The Clerk read as follows: sustained manner for at least 2 years with at tional recognition program at the Na- least one elementary or secondary school. tional Science Foundation to honor H.R. 4030 SEC. 6. APPLICATION. those in the private sector who work Be it enacted by the Senate and House of Rep- The Director shall establish a system for ac- with K-through-12 schools to improve resentatives of the United States of America in cepting applications from entities seeking to be Congress assembled, science and math education. In addi- considered for a medal under this Act. Applica- tion, the bill makes information about SECTION 1. SHORT TITLE. tions shall include at least two letters of sup- This Act may be cited as the ‘‘Congressional award winners publicly available so port, which may come from teachers, profes- that the examples that they are using Medal for Outstanding Contributions in Math sional support staff, administrators, profes- and Science Education Act of 2004’’. sional or business organizations, local, county, across the country that are effective, SEC. 2. DEFINITIONS. or State Departments of Education, or any other that are making a difference in our In this Act: category of persons as designated by the Direc- math and science performance can be (1) DIRECTOR.—The term ‘‘Director’’ means tor. Letters of support shall describe the reasons considered by other school systems the Director of the National Science Founda- the entity deserves the medal. around the Nation. tion. SEC. 7. SELECTION. The way to maintain and increase (2) ELEMENTARY SCHOOL AND SECONDARY In selecting entities to receive medals under our standard of living certainly is SCHOOL.—The terms ‘‘elementary school’’ and ‘‘secondary school’’ have the meaning given this Act, the Director shall give priority consid- through innovation, technological ad- those terms in section 9101 of the Elementary eration to evidence of improved achievement in vances and hard work. Unfortunately, and Secondary Education Act of 1965 (20 U.S.C. science, technology, engineering, or mathe- our schools, Mr. Speaker, are currently 7801). matics by students, including improved achieve- not producing enough young people ment by individuals identified in section 33 or 34 SEC. 3. ESTABLISHMENT OF PROGRAM. with the math and science interest or of the Science and Engineering Equal Opportu- The Director shall establish a Congressional nities Act (42 U.S.C. 1885a or 1885b). In addition the skills necessary to meet the emerg- Medal for Outstanding Contributions in Math to any other criteria the Director may establish, ing demand. We need to do a better job and Science Education program, which shall be the Director shall also consider the following: of encouraging student interest and designed to— (1) Evidence of innovative approaches to in- achievements in fields like science, (1) recognize private entities for outstanding crease interest in science, technology, engineer- technology, engineering, and mathe- efforts supporting elementary and secondary ing, and mathematics by students, including in- schools in improving student achievement in matics so that today’s students will dividuals identified in section 33 or 34 of the science, technology, engineering, and mathe- not only be successful in their own Science and Engineering Equal Opportunities matics; lives, but will contribute to the econ- Act (42 U.S.C. 1885a or 1885b). One measure of (2) encourage private entities to support ele- omy that we are going to need in fu- such evidence may be an increase in the number mentary and secondary schools to improve and of students enrolled in advanced courses related ture years. underscore the importance of science, tech- to such fields. The challenge of competition for our nology, engineering, and mathematics edu- (2) Evidence of employee interaction with stu- kids and our grandkids are going to be cation; and probably so much greater than they (3) make information about medal recipients dents or teachers to support and improve available to schools, institutions of higher edu- science, technology, engineering, and mathe- are for us today, and having the kind of cation, educators, parents, administrators, pol- matics learning. technology that can result in new inno- icymakers, researchers, public and private enti- (3) Evidence of success in positively influ- vation, the kind of research that can ties, and the general public. encing student attitudes and promoting edu- develop new products and the ways to cation and career opportunities in science, tech- SEC. 4. MEDALS. produce those products at a cost and a nology, engineering, and mathematics. (a) FINALISTS.—Beginning not later than 2 quality level that is competitive with (4) Evidence of successful outreach to stu- years after the date of enactment of this Act, dents, parents, and the community regarding products that are produced across the the Director shall annually name as finalists for the importance of science, technology, engineer- world is going to be much more impor- medals under this Act— ing, and mathematics education to the Nation’s tant for our kids and grandkids than (1) not more than 20 private entities with more prosperity, job creation, and standard of living, maybe it was for us. than 500 employees; and as well as future earning potential for the indi- (2) not more than 20 private entities with 500 In this legislation we recognize the vidual. or fewer employees. industry leaders and companies and (5) Evidence of a strong and sustained com- businesses that make a special out- Each finalist shall receive a citation describing mitment to the students and schools. the basis for the entity achieving status as a fi- standing effort in working with their SEC. 8. BIENNIAL REPORT. nalist. schools. We included in the legislation (b) MEDAL WINNERS.—Beginning not later Section 37(a) of the Science and Engineering work that these companies might do to than 2 years after the date of enactment of this Equal Opportunities Act (42 U.S.C. 1885d(a)) is encourage parents to be more involved Act, from among finalists named under sub- amended by striking ‘‘By January 30, 1982, and biennially thereafter’’ and inserting ‘‘By Janu- with their students and schools be- section (a), the Director shall annually award cause we think the interest and en- medals under this Act to— ary 30 of each odd-numbered year’’. (1) not more than 5 private entities with more SEC. 9. AUTHORIZATION OF APPROPRIATIONS. couragement of parents is probably than 500 employees; and For each of fiscal years 2005 through 2007, just as important as the quality of (2) not more than 5 private entities with 500 or there are authorized to be appropriated to the teachers that we have in math and fewer employees. National Science Foundation such sums as may science.

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE H2210 CONGRESSIONAL RECORD — HOUSE April 21, 2004 Mr. Speaker, I reserve the balance of Medal for Outstanding Contributions in Ms. EDDIE BERNICE JOHNSON of my time. Math and Science Education. This bill Texas. Mr. Speaker, I yield such time Ms. EDDIE BERNICE JOHNSON of recognizes the outstanding contribu- as he may consume to the gentleman Texas. Mr. Speaker, I yield myself such tions of the private sector in math and from Tennessee (Mr. GORDON), the time as I may consume. science education. ranking member. Mr. Speaker, as an original cosponsor The private sector has created many Mr. GORDON. Mr. Speaker, I rise to of this legislation, I speak in support of good programs to inspire and educate support H.R. 4030, the Congressional its favorable consideration by the the next generations of scientists. Es- Medal for Outstanding Contributions in House today. The Subcommittee on Re- tablishing a Congressional Medal will Science and Math Education Act of search has a long history of support for identify, honor, and disseminate these 2004. I want to commend the gentleman efforts to improve K-through-12 math excellent educational programs. from Michigan (Mr. SMITH) of the Sub- and science education. This bill will Science and math education as well committee on Research and the rank- help to mobilize greater efforts by the as technical training are important ing member, the gentlewoman from private sector in helping our schools to and have enormous and pressing need. Texas (Ms. EDDIE BERNICE JOHNSON), achieve the goal of higher achievement Science and technology underpin our for their work in developing H.R. 4030. in math and science by all students. economic strength and national secu- I also want to thank the Committee on rity. Innovation and productivity gains b 1045 Science chairman, the gentleman from cannot be sustained without a scientif- New York (Mr. BOEHLERT), for working I would like to commend the Sub- ically literate workforce. with the minority to perfect the bill committee on Research and the gen- Here is a very important point: Jobs and for helping to move the measure tleman from Michigan (Mr. SMITH) for of the future will require an under- through the committee and to the originating the concept for this bill standing of the basic concepts and floor. and working with me in a collegial way principles of science and mathematics. The Congressional Medal for Out- in developing the final product. In par- The Bureau of Labor and Statistics standing Contributions in Math and ticular, I appreciate the gentleman’s projects that 10 of the fastest growing Science Education Act seeks to recog- willingness to include language I pro- industries and occupations from 2002 to nize the efforts of companies and non- pose to encourage math and science 2012 will be in the high-technology profit organizations that have worked education in under-represented groups. fields. All workers from office assist- with our schools to help improve stu- My language simply emphasizes the ants to rocket scientists will need a dent performance in math and science. importance of recognizing private sec- fundamental understanding of math, Many good corporate citizens have al- tor activities that increase the partici- science, and engineering as well as ready stepped up to the plate and have pation and improve the achievements technical know-how to succeed. established a long record of contribu- of women and minorities in math and I cannot overemphasize the impor- tions to achieving this important goal. science. tance of this because the kids who are I hope this bill will encourage others to This provision is consistent with this in schools today will need that edu- contribute such sustained efforts to committee’s long interest in attracting cation to have good-quality jobs in the education improvements. the interest of, and preparing, all seg- future. Unfortunately, currently a full Providing more efficient math and ments of the population in math and third of U.S. students perform below science education for all students is a science. basic levels in science and math on as- task that will require the attention This is necessary if the Nation is to sessment tests. At the advanced level, and efforts of both the public and pri- satisfy its demands for the science and only two out of every 100 high school vate sectors. Nothing less than success technology workforce of the future, be- graduates will obtain an engineering or is acceptable because the future eco- cause the proportion of minorities in advanced degree, while the numbers nomic strength and security of our Na- the college-aged population is growing. are even more dismal for women and tion is at stake. And it helps to ensure that all citizens minorities who choose to go on in math Good jobs are created by techno- will achieve a level of technological lit- and science. logical innovation. I believe this bill eracy needed to function in the 21st There is no quick fix for these prob- will help draw attention to innovation century. lems. Government and the private sec- and successful education improvement Mr. Speaker, I wish to use this oppor- tor must work with the education and efforts now under way and, equally im- tunity to thank the chair of the Com- scientific communities to educate and portant, will provide for sharing of in- mittee on Science, the gentleman from inspire our children and prepare them formation about these best practices. New York (Mr. BOEHLERT), and the to compete in the global knowledge- Mr. Speaker, I commend this legisla- ranking member, the gentleman from based economy. tion to my colleagues and urge their Tennessee (Mr. GORDON), for moving It is very important to recognize that support for the passage in the House. this bill expeditiously to the floor. I nations such as India and China have Mr. SMITH of Michigan. Mr. Speak- am pleased to recommend the bill to deliberately improved their math and er, I yield myself such time as I may my colleagues and seek their favorable science education and are producing far consume. support. more scientists and engineers today Mr. Speaker, the ranking member Mr. Speaker, I reserve the balance of than they did previously. And while makes a good point, and maybe it is an my time. their enrollments and graduation rates opportune time to explain some of GENERAL LEAVE are increasing, our graduation rates for what goes into developing legislation. Mr. SMITH of Michigan. Mr. Speak- engineers have decreased steadily for A lot of work from staff, Democrat er, I ask unanimous consent that all the past 20 years. staff and Republican staff on our com- Members may have 5 legislative days H.R. 4030 recognizes businesses’ mittee. Kara Haas, certainly David within which to revise and extend their achievements in improving math and Finger, spent many hours, sending out remarks and include extraneous mate- science education and provides incen- inquiries to the business community rial on H.R. 4030, as amended. tive for future participation. I applaud around the United States for their sug- The SPEAKER pro tempore (Mr. the efforts of the gentleman from gestions on how this award program BASS). Is there objection to the request Michigan (Mr. SMITH) and the gentle- should evolve and develop to really ac- of the gentleman from Michigan? woman from Texas (Ms. EDDIE BERNICE complish our goals of encouraging the There was no objection. JOHNSON) for developing the bill and business community to be more active Mr. SMITH of Michigan. Mr. Speak- the leadership of the gentleman from and take a greater part in improving er, I yield 3 minutes to the gentleman New York (Mr. BOEHLERT) and the math and science education. from Michigan (Mr. EHLERS). ranking member, the gentleman from I would like to tell a very short story Mr. EHLERS. Mr. Speaker, I thank Tennessee (Mr. GORDON), in moving the in trying to improve math and science the gentleman for yielding me time. bill through committee. I strongly en- education. I was talking to an indi- Mr. Speaker, I am pleased to rise in courage my colleagues to support H.R. vidual who is the director of inter- support of H.R. 4030, the Congressional 4030. national studies at one of our Michigan

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE April 21, 2004 CONGRESSIONAL RECORD — HOUSE H2211 colleges. I asked him his ideas. He is Senate bill (S. 2022) to designate the used to be our ranking member and from India. He grew up in India. He Federal building located at 250 West then went on to bigger and better told me the story when he came home Cherry Street in Carbondale, Illinois things as the ranking member of the in about the 8th grade with a report the ‘‘Senator Paul Simon Federal Subcommittee on Water Resources and card that showed a B in math, and he Building’’. Environment, the gentleman from Illi- showed that to his father and tears The Clerk read as follows: nois (Mr. COSTELLO). welled up in his dad’s eyes. And his dad S. 2022 Although we are requesting that the went out and hired a tutor to try to Be it enacted by the Senate and House of Rep- Senate version of this bill be passed improve his son’s math skills. He sug- resentatives of the United States of America in under suspension today, the gentleman gested that almost all students in India Congress assembled, from Illinois (Mr. COSTELLO) has been a concentrate on being successful in fun- SECTION 1. DESIGNATION OF FEDERAL BUILD- tireless champion of making sure that damental math and science before they ING. the companion legislation, similar leg- continue their career maybe in some The Federal building located at 250 West islation to this, be passed on the House Cherry Street in Carbondale, Illinois shall be other field. known and designated as the ‘‘Senator Paul side. It is my pleasure to be with him That lesson should be especially ac- Simon Federal Building’’. today. knowledged by us today when we are SEC. 2. REFERENCE. Mr. Speaker, I reserve the balance of doing a lot of outsourcing of math and Any reference in a law, map, regulation, my time. science to engineers in other countries document, paper or other record of the Mr. COSTELLO. Mr. Speaker, I yield such as India. We need to do a better United States to the Federal building re- myself such time as I may consume. job at home. Parents need to do a bet- ferred to in section 1 shall be deemed to be Mr. Speaker, first let me thank my ter job. a reference to the Senator Paul Simon Fed- good friend, the chairman of the sub- Often when I ask witnesses before our eral Building. committee, the gentleman from Ohio committee how do we motivate and ex- The SPEAKER pro tempore. Pursu- (Mr. LATOURETTE), for his cooperation cite students in math and science. To ant to the rule, the gentleman from and his friendship and his leadership in the extent that education in kinder- Ohio (Mr. LATOURETTE) and the gen- bringing this legislation to the floor. garten through twelfth grade is more tleman from Illinois (Mr. COSTELLO) Mr. Speaker, I strongly support S. like a lighting of a fire, lighting that each will control 20 minutes. 2022, a bill to designate the Federal interest and enthusiasm, rather than The Chair recognizes the gentleman building located at 250 West Cherry simply filling a container with infor- from Ohio (Mr. LATOURETTE). Street in Carbondale, Illinois, as the mation, when is that fire lit for these Mr. LATOURETTE. Mr. Speaker, I Senator Paul Simon Federal Building. students. Their suggestion was maybe yield myself such time as I may con- S. 2022 was introduced by Senator at home when they are 3 and 4 and 5 sume. DURBIN and Senator FITZGERALD. I was years old, maybe in kindergarten, first Mr. Speaker, S. 2022 designates the honored to sponsor the House com- and second grade. So if we lose that in- Federal building located at 250 West panion bill, H.R. 3717, along with the dividual with their interest in math Cherry Street in Carbondale, Illinois, gentleman from Illinois (Mr. SHIMKUS), and science at that stage of their lives, as the Senator Paul Simon Federal the gentleman from Illinois (Mr. JOHN- it is hard to rekindle that fire. Building. SON), the gentleman from Illinois (Mr. Improving math and science edu- This bill has the bipartisan support JACKSON), the gentleman from Illinois cation is important for the sake of of the entire delegation in the State of (Mr. DAVIS), the gentleman from Illi- business and industry because they Illinois. Although Senator Simon was nois (Mr. GUTIERREZ), the gentleman have a special economic interest in born in Eugene, Oregon, he made the from Illinois (Mr. EMANUEL), and the having enough qualified students in State of Illinois his home. Senator Si- gentleman from Illinois (Mr. KIRK) to math and sciences to make sure they mon’s service to his State ranged from honor the legacy of the distinguished are going to be able to stay in this being a budding newspaper editor to Senator from Illinois, Paul Simon. country and compete. public official to educator. On December 9, 2003 we lost Senator Mr. Speaker, I reserve the balance of After attending the University of Or- Paul Simon, a great public servant and my time. egon and Dana College in Nebraska, a true and trusted friend. Paul Simon Ms. EDDIE BERNICE JOHNSON of Senator Paul Simon moved to Troy, Il- was born in 1928 in Eugene, Oregon. He Texas. Mr. Speaker, I have no further linois, and pursued a career as news- attended the University of Oregon and requests for time, and I yield back the paper editor and publisher. Having suc- Dana College in Blair, Nebraska. cessfully built a chain of 14 weekly balance of my time. b 1100 Mr. SMITH of Michigan. Mr. Speak- publications, Senator Paul Simon en- er, I yield back the balance of my time. listed in the Army, where he served As a 19-year-old teenager, he became The SPEAKER pro tempore. The from 1951 to 1953. the Nation’s youngest editor/publisher question is on the motion offered by From 1963 until 1973, he was elected when he accepted a local Lion’s Club the gentleman from Michigan (Mr. to various positions, serving in the Illi- challenge to save the Troy Tribune SMITH) that the House suspend the nois House of Representatives, the newspaper in Troy, Illinois. By 1966, rules and pass the bill, H.R. 4030, as State Senate, and also as lieutenant Paul Simon had built a chain of 13 amended. governor. He then continued to rep- newspapers in southern and central Il- The question was taken. resent Illinois at the Federal level. He linois, which he later sold to better be The SPEAKER pro tempore. In the served in the House of Representatives able to concentrate on public service opinion of the Chair, two-thirds of from 1975 until 1985. Subsequently, and writing. those present have voted in the affirm- Paul Simon ran for, and was elected to, In 1954, Paul was elected to the Illi- ative. the United States Senate, where he nois House of Representatives, and in Mr. SMITH of Michigan. Mr. Speak- served until 1997. Senator Simon then 1962, he was elected to the Illinois er, on that I demand the yeas and nays. returned to Illinois following his re- State Senate. During his State legisla- The yeas and nays were ordered. tirement and served as director of the tive career, he earned a reputation for The SPEAKER pro tempore. Pursu- Paul Simon Public Policy Institute at political integrity and courage. While a ant to clause 8 of rule XX and the Southern Illinois University. He passed member of the Illinois Legislature, he Chair’s prior announcement, further away on December 9, 2003. won the Independent Voters of Illinois proceedings on this motion will be This is a fitting tribute to a man who ‘‘Best Legislator Award’’ every session. postponed. dedicated his life to the State of Illi- In 1968, Paul Simon was elected Lieu- f nois and his country. I support this leg- tenant Governor of Illinois and was the islation and urge my colleagues to do first person in the State’s history to SENATOR PAUL SIMON FEDERAL the same. hold that post with the Governor of an- BUILDING Mr. Speaker, I am also pleased today other party. Mr. LATOURETTE. Mr. Speaker, I that managing the bill for the minority In 1974, Paul Simon was elected to move to suspend the rules and pass the is the distinguished individual who the U.S. House of Representatives and

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE H2212 CONGRESSIONAL RECORD — HOUSE April 21, 2004 served in this body for 10 years. His the people he represented, but he re- Paul Simon was just 19, he dropped out legislative skills were put to use on spected the people who were his peers of college, borrowed $3,600 and bought a issue areas including education, dis- in the institution in which he served. failing weekly newspaper in Troy, a ability policy and foreign affairs. He When I was first elected to the U.S. town of 1,500 people across the Mis- played a crucial role in establishing House, Paul was the senior Senator sissippi River from St. Louis. He be- the National Center for Missing and from Illinois, but he took the time to came the Nation’s youngest editor/pub- Exploited Children. reach out to me so we could become lisher. Paul Simon would eventually In 1984, he upset three-term incum- better acquainted and work on issues own 14 newspapers, which he sold in bent U.S. Senator Chuck Percy to win of mutual concern to our State of Illi- 1966. election to the United States Senate. nois. As a leading Member of the Sen- Paul Simon’s political career began Most recently, Paul Simon taught po- ate, I am sure he had many better with his election to the Illinois State litical science and journalism at things to do than getting to know a Legislature in 1954 and culminated Southern Illinois University in first-term Member of the House. That with his election to the U.S. Senate in Carbondale and headed up the Public is the way Paul did business. He knew 1984. During his 14 years in the State Policy Institute which he founded. that good relationships were important legislature, he won the Independent Senator Simon was known for excep- in politics and legislating, and I am a Voters of Illinois Best Legislator tional constituent service. His col- better Member of the House for Paul Award every session. leagues appreciated his personal Simon’s efforts to get to know me. Paul Simon began earning a reputa- warmth and sense of humor. He was an When Paul retired from the Senate tion for political courage and integrity exceptional friend who guided and mo- following the 1996 election, he certainly during his years in the Illinois Legisla- tivated most aspiring public servants could have landed some lucrative lob- ture. He was chief sponsor of the with his dedication and work ethic. His bying contracts, but he chose instead State’s open meetings law and of legis- even-handed, balanced approach to top- to continue influencing public policy lation creating the Illinois Arts Coun- ics and controversial issues earned him through a different arena, one that cil, and he played a leading role in friends on both sides of the aisle. could have a lasting impression on gen- chartering the State’s community col- Paul Simon set a standard for hon- erations of future public servants; that lege system. esty in public life. He was true to his is, teaching. Prior to leaving the U.S. Senate, values, his life and his work. It is truly From his perch as director of the Paul Simon ranked as Illinois’s senior fitting and proper we honor the out- Public Policy Institute at Southern Il- Senator. In the 104th Congress, he linois University, he continued to stay standing public career of Senator Paul served on the Budget, Labor and in the public eye, and he was able to Simon with this designation. Human Resources, Judiciary, and In- Mr. Speaker, at Senator Simon’s fu- carry on an advocacy for many of the dian Affairs Committees. He also issues he held so dear. He wrote prolifi- neral, Senator Ted Kennedy said, ‘‘In served on the Foreign Relations Com- cally and on many issues during his another era, he would have been a mittee. time at SIU. He continued to travel the Founding Father. He was that good. Education and job training laws that world to talk about the issues for He’ll never be forgotten.’’ he introduced and were enacted include which he so passionately believed. I Senator Simon was a good man that the National Literacy Act, the School- would imagine he was as busy in his served our country with honor and dig- to-Work Opportunities Act, the Job role with the Institute as he was during nity. It is fitting that we honor him by Training Partnership Act amendments, his time in the United States Senate or naming the Federal building in several provisions of the Goals 2000 in this body, and to this day I am sure Carbondale, Illinois, after him. Act, and the 1994 reauthorization of the Paul Simon’s approval numbers in Illi- Mr. Speaker, I support S. 2022 and Elementary and Secondary Education nois are higher than any politician in urge my colleagues to join me in sup- Act. He was the leading Senate cham- the State of Illinois. port of this legislation. Paul Simon is someone who should pion of the new Direct College Loan Mr. Speaker, I reserve the balance of be used as a benchmark not only for fu- Program, enacted in 1991 as a pilot pro- my time. ture generations of leaders, but for to- gram and expanded in 1993 as a replace- Mr. LATOURETTE. Mr. Speaker, it is day’s politicians as well. Paul Simon ment for the Guaranteed Student Loan my pleasure to yield such time as he taught us that you really can get ahead Program. might consume to another outstanding through civility, common courtesy and Just weeks after retiring from the Member from the State of Illinois (Mr. a respect for opposing viewpoints. That Senate in 1997, Paul Simon joined the LAHOOD), my friend and classmate. is a far cry from what many citizens faculty of Southern Illinois University. (Mr. LAHOOD asked and was given today believe about their elected rep- He taught classes in political science, permission to revise and extend his re- resentatives. All of us could do this job history and journalism. He was founder marks.) a little better if we follow the footsteps and director of the Public Policy Insti- Mr. LAHOOD. Mr. Speaker, I thank of our friend Paul Simon. tute at the Carbondale campus. When the gentleman from Ohio (Mr. LATOU- I can think of no better tribute to the Institute opened its doors in 1997, RETTE) for the time. Senator Simon than to name the Fed- Paul Simon said the Institute promises I rise in support of the bill to name eral building in Carbondale, Illinois, in to find new ways of solving old prob- the Federal building in Carbondale in honor of Senator Paul Simon. I think lems. honor of Paul Simon, S. 2022. it is a fitting tribute. Mr. Speaker, the last communication On December 9, 2003, the citizens of Mr. COSTELLO. Mr. Speaker, I yield that I had with Senator Simon came Illinois lost one of the true giants in 4 minutes to the distinguished gen- about 2 weeks before he passed, and in the storied history of politics in the tleman from Illinois (Mr. DAVIS), my that letter he said he had seen an arti- State of Illinois. Paul Simon was a friend. cle in the Chicago Tribune where some leader who transcended political and Mr. DAVIS of Illinois. Mr. Speaker, I of us had been working on the issue of ideological labels. To be sure, he was a want to thank the gentleman for yield- prisoner re-entry, and he wrote to say, staunch liberal who fought for better ing me the time, and I also commend I commend you and those with you for housing, fair wages, a cleaner environ- him for his introduction of this legisla- that kind of work because we really ment, and civil justice. At the same tion. need to make sure that those at the time, he also leaned conservative when Mr. Speaker, in 1994, when Senator bottom of the barrel in our society are it came to fiscal issues, but it was the Paul Simon announced that he would dealt appropriately with. way he carried out the job that made not seek a third term in 1996, he said, So, Senator Simon, I thank you for Paul a revered figure in a State that is ‘‘I have an obligation to the people of all that you meant to all of America. accustomed to larger-than-life figures. Illinois, to the Senate and to myself to I hold lots of town hall meetings, and Paul Simon represented an approach leave the Senate while I am still eager there are people in Illinois who think to politics that is becoming more and to serve, not after I tire of serving.’’ that I copy those after Senator Simon. more rare in today’s world, an ap- Paul Simon never tired of serving. He I can remember going to them when proach in which he not only respected was an asset to America. In 1948, when there were 5, 10 people sometimes

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE April 21, 2004 CONGRESSIONAL RECORD — HOUSE H2213 present, long before I decided to run for This resolution honors the memory and last- I urge my colleagues to pass this important public office, and I did try and model ing contributions of one of Illinois’ favorite legislation today. them after Senator Simon. sons—a lifelong mentor, hero and friend of Mr. COSTELLO. Mr. Speaker, we I support strongly this legislation, mine. I was honored to work on Paul Simon’s have no additional speakers, and I urge its passage. There could not be a election to the U.S. Senate, where he made yield back the balance of our time. more fitting tribute to a greater Amer- the people of Illinois—and all of America— Mr. LATOURETTE. Mr. Speaker, I ican and certainly a great hero of proud. yield back the balance of our time. mine. Despite winning elections in five different The SPEAKER pro tempore (Mr. Mr. COSTELLO. Mr. Speaker, I yield decades, serving his state and country in BASS). The question is on the motion 3 minutes to the gentleman from Illi- many different capacities, his character, integ- offered by the gentleman from Ohio nois (Mr. RUSH). rity and intelligence are what endure and why (Mr. LATOURETTE) that the House sus- Mr. RUSH. Mr. Speaker, I want to Paul Simon remains one of the most popular pend the rules and pass the Senate bill, thank my friend from the State of Illi- figures in the State of Illinois. S. 2022. nois, the sponsor of this legislation, for Long before they were fashionable, Paul The question was taken; and (two- yielding me this time. Simon championed civil rights, campaign fi- thirds having voted in favor thereof) Mr. Speaker, it is with mixed emo- nance reform, and making college more af- the rules were suspended and the Sen- tions that I stand before the House fordable. After his retirement from Congress, ate bill was passed. today. I say mixed emotions, because his commitment to public service continued. A motion to reconsider was laid on one of my emotions is that I am sad- He spent his remaining days pursuing what he the table. dened by the passing of Paul Simon cared about most—education. and that he is no longer with us. He has f In everything he did, Senator Simon was departed this life. But, Mr. Speaker, I guided by a deep desire to help those who JAMES V HANSEN FEDERAL am also very, very gleeful for the life most needed a voice. They always knew that BUILDING that he did live. Mr. LATOURETTE. Mr. Speaker, I Paul Simon, to all who knew him, Paul Simon was on their side. For those of us in Illinois, we can still hear was one of the finest, kindest, and move to suspend the rules and pass the his voice with his trademark ‘‘How are you brightest human beings to have graced bill (H.R. 3147) to designate the Federal the political scene in this Nation. The today?’’ His voice was one that reflected our building located at 324 Twenty-Fifth former Senator Paul Simon was the values—regardless of party or ideology. He Street in Ogden, Utah, as the ‘‘James V only person to have served in both the taught many of us that you can disagree with- Hansen Federal Building,’’ as amended. Illinois House and Senate and the U.S. out being disagreeable. The Clerk read as follows: House and Senate. During his tenure in That the State’s Attorney General, a mem- H.R. 3147 Congress, Senator Simon was a chamber of Congress, and a state senator worked Be it enacted by the Senate and House of Rep- pion of education and a key advocate for Paul Simon reflects how his values and in- resentatives of the United States of America in for literacy and lifelong learning. fluence steered many others—regardless of Congress assembled, In the Senate, he was the author of party—toward careers in public service. His SECTION 1. DESIGNATION. the National Literacy Act, the School knowledge, insight and guidance remain cher- The Federal building located at 324 Twenty- to Work Opportunities Act, the Job ished by those of us who have attempted to Fifth Street in Ogden, Utah, shall be known Training Partnership Act amendments, advance his values and ideals. and designated as the ‘‘James V Hansen Federal Building’’. the 1994 reauthorization of the Elemen- Mr. Speaker, I thank my colleagues for this tary and Secondary Education Act, and opportunity to recognize a true hero for many SEC. 2. REFERENCES. of us in Illinois. We will always remember Paul Any reference in a law, map, regulation, doc- the Direct Student Loan Program. In ument, paper, or other record of the United addition, Paul Simon held numerous Simon and honor his enduring contributions to our State and to this country. His memory will States to the Federal building referred to in sec- influential committee assignments, in- tion 1 shall be deemed to be a reference to the cluding serving as the chairman of the be a blessing to those who follow in his path. ‘‘James V Hansen Federal Building’’. Senate’s Subcommittee on Africa. Mr. EVANS. Mr. Speaker, today the House of Representatives will consider S. 2022, leg- The SPEAKER pro tempore. Pursu- Without question, Mr. Speaker, Paul ant to the rule, the gentleman from Simon was one of the most effective islation to designate the Federal building lo- Ohio (Mr. LATOURETTE) and the gen- Senators to have served the citizens of cated at 250 West Cherry Street In tleman from Illinois (Mr. COSTELLO) Illinois and the American people. In Il- Carbondale, Illinois as the ‘‘Senator Paul Simon Federal Building.’’ I would like to take each will control 20 minutes. linois, we have produced some great The Chair recognizes the gentleman Senators, with Senator Dirksen coming this opportunity to voice my support for this bill from Ohio (Mr. LATOURETTE). to mind and also Senator Douglas com- and to commemorate the life and work of my ing to mind. But Paul Simon certainly friend and mentor. GENERAL LEAVE stands right in the midst of these two A champion of working Illinoisans, Senator Mr. LATOURETTE. Mr. Speaker, I fine Senators that we have produced in Paul Simon dedicated his life to public service. ask unanimous consent that all Mem- Illinois. By the time he decided to run for the United bers may have 5 legislative days within Paul Simon’s keen political sense States Senate in 1984, he had already spent which to revise and extend their re- and sharp wit was unparalleled and ad- 30 years serving the people of Illinois as a marks and include extraneous mate- mired by everyone who came in con- State Representative, State Senator, Lieuten- rials on H.R. 3147 and S. 2022. tact with him. Mr. Speaker, it is only ant Governor, and a U.S. Representative. Dur- The SPEAKER pro tempore. Is there fitting today that we pay tribute to ing his 12 years in the Senate he became objection to the request of the gen- him by designating a Federal building known as a crusader for fiscal responsibility, tleman from Ohio? in Carbondale, Illinois, as the Senator affordable student loans, and against tele- There was no objection. Paul Simon Federal Building. We can vision violence, as well as for his trademark Mr. LATOURETTE. Mr. Speaker, I do nothing less, Mr. Speaker, than to bowties. yield myself such time as I may con- designate this Federal building after To name a Federal building after Paul sume. Paul Simon. Simon is an apt tribute, as his honesty, integ- Mr. Speaker, H.R. 3147 has been in- I think that we will be serving his rity, and hard work are an example of govern- troduced by our colleague the gen- legacy well by making sure that this ment at its best. Even though he has passed tleman from Utah (Mr. CANNON), and it legislation passes and that that build- on, all those who aspire to a career in govern- designates the Federal building located ing, the Federal building in ment can forever look to Senator Paul Simon at 324 Twenty-Fifth Street in Ogden, Carbondale, Illinois, be designated as as a role model for how to serve one’s fellow Utah, as the James V Hansen Federal the Senator Paul Simon Federal Build- citizens honorably, ably, and with humility. Building. ing. Mr. Speaker, the designation outlined in S. James Vear Hansen was born in Salt Mr. EMANUEL. Mr. Speaker, I am in strong 2002 will serve as a permanent physical re- Lake City on August 14, 1932. After support as a proud original cosponsor of S. minder of Senator Simon’s work on behalf of graduating from the public schools of 2022 naming the Senator Paul Simon Federal the people of Illinois, and a source of comfort Salt Lake City, he served in the U.S. Building in Carbondale, Illinois. and pride for his family and all who knew him. Navy, and upon his discharge attended

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE H2214 CONGRESSIONAL RECORD — HOUSE April 21, 2004 and graduated from the University of with this designation. Mr. Speaker, I well of him today here in Washington, Utah. support H.R. 3147 and urge its passage. he told me these type of events simply Following his graduation, Mr. Han- Mr. Speaker, I reserve the balance of turn into a funeral for the living. So sen began a long and successful career, my time. with apologies to Shakespeare, I wish notable in his devotion to serving his Mr. CANNON. Mr. Speaker, I yield to join that group and praise Jim Han- community. I have already mentioned myself such time as I may consume, sen, not bury him yet. that he served honorably in the Navy, and I rise today in support of H.R. 3147. This designation for the State of but he also served on the Farmington, It is my pleasure to sponsor a bill that Utah, I think, is extremely deserving Utah, City Council for 12 years and in would designate the Federal building because of the unique character that the Utah State House of Representa- located at 324 25th Street in Ogden, Jim Hansen has and what he has meant tives for 7. During his final year in that Utah, as the James V Hansen Federal for the history of politics in Utah, and body, he served as speaker, and in 1980 Building. especially in the first district. No was elected to this body. He served Almost all Members of this body will Utahn has served longer in the House with distinction in the House of Rep- fondly remember our colleague Jim of Representatives than Jim Hansen, resentatives for 22 years. Hansen. I had the privilege of working with 11 terms. He is the only Utah Con- While serving in the House, James with Jim during the first 6 years of my gressman that has ever actually served Hansen served on a number of commit- service in Utah’s Third Congressional as chairman of a full committee, and tees, including the Committee on District, and during that time I looked you can count on one hand the number Armed Services, the Committee on Re- to Jim for advice, guidance and leader- of subcommittee chairmen we have. sources, and the Committee on Stand- ship on countless occasions, and he My colleague, the gentleman from Utah (Mr. CANNON), and Jim Hansen ards of Official Conduct. He also served never let me down. are the only two who have ever served as chairman of the Committee on Jim Hansen will be remembered for as subcommittee chairmen from my Standards of Official Conduct, as well many things during his 22 years in Con- State. as chairman of the Committee on Re- gress. He was a champion for multiple use and access to public lands. He In the State of Utah, since Congress- sources. man Hansen’s retirement, he has had a fought numerous battles to protect the During his time in Congress, he de- highway in Davis County named for rights and interests of rural Utahns, votedly served his constituents and the him, the Migratory Bird Refuge visi- and he never tired of fighting to pre- Nation by preserving key military fa- tor’s center in my hometown named for serve Hill Air Force Base. cilities in his district. He fought for him, and now this Federal building. When Jim was the dean of the Utah the responsible use of public lands and But I think it most fitting that the one delegation, he dedicated his career to secured key investments in Utah’s in- element that has been named for Jim protecting the interests of his constitu- frastructure in advance of the 2002 win- Hansen that he appreciates the most is ents. Not only did he represent Utahns ter Olympic games, which were some of the duck blind at the Bear River Bird and their values in Congress, he has the most successful in the modern his- Refuge which was especially built and impressed his colleagues by living tory of the games. dedicated in his name. Because he was those values. During his tenure as I am honored to support this legisla- always in touch with the common man, chairman of the Committee on Re- tion for a man worthy of such an he understood that element and he had sources, Jim went to great efforts to honor, and I urge my colleagues to join a great love for the outdoors. Even me in supporting the bill. bring together both sides of the aisle though the wilderness debate rages on Mr. Speaker, I ask unanimous con- on contentious and complex resource in this country, it is still Jim Hansen sent that the balance of our time be issues. It was truly my pleasure to who is the only one who has actually yielded to the gentleman from Utah serve with him during that time on created a wilderness area in the State (Mr. CANNON), the author of this bill, that committee. of Utah. and that he be permitted to yield time. Jim Hansen never lost an election. I Born during post-World War II Salt The SPEAKER pro tempore. Is there credit that to his ability to listen and Lake City into a family not awash in objection to the request of the gen- understand the people he represented. earthly wealth, he graduated from a tleman from Ohio? Jim never forgot the concerns of his high school class that also produced There was no objection. constituents. I have learned from his two U.S. Senators from Utah, a fact Mr. COSTELLO. Mr. Speaker, I yield example, and I appreciate the service that should not denigrate the academic myself such time as I may consume. he has given on behalf of Utah. standards of that particular high Mr. Speaker, H.R. 3147 is a bill that Above and beyond all his personal ac- school. designates the Federal building located complishments, the most important He then joined the Navy, served in at 324 Twenty-Fifth Street in Ogden, thing I can say about Jim Hansen is the Korean conflict, and as a young Utah, as the James V Hansen Federal that he made a difference. He made a man moved up to Farmington, Utah. Building. difference in our national policies. He As an insurance man, he decided to Congressman Hansen began his pub- showed us that by acting honorably join the Farmington City Council to lic career in local government in Farm- and with mutual respect we can get try to fix their water system, where he ington, Utah, and later served four things done here in Congress. Over the served for 12 years, then moved on to terms in the Utah House of Representa- course of his 42 years of public service, the State legislature for 8 years, and tives. He was elected to the United Jim Hansen has shown what it means then Congress for 22 years. States Congress from Utah’s 1st Con- to be a true statesman and a man of During the first term Jim Hansen gressional District in 1980 and served 11 the people. served in the Utah House of Represent- terms. He held a senior position on the Mr. Speaker, it is my pleasure to atives, I was an intern; and Jim Hansen Committee on Armed Services and sponsor this bill, but more importantly actually happened to be the representa- served as chairman of the Committee it is my pleasure to call Jim Hansen tive in my family’s district. My first on Resources where he was actively in- my friend; and I urge my colleagues to term in the Utah House of Representa- volved in developing sound energy pol- support H.R. 3147. tives Jim Hansen was the Speaker, and icy. Congressman Hansen also was ac- Mr. Speaker, I reserve the balance of he set the standard of excellence that I tive in passing the first tort reform my time. tried to emulate when I became Speak- legislation in over 40 years. Mr. CANNON. Mr. Speaker, I yield er several years later. When he retired such time as he may consume to the from this position in Congress, I once b 1115 gentleman from Utah (Mr. BISHOP). again followed in his footsteps. I feel In addition, he authored and passed Mr. BISHOP of Utah. Mr. Speaker, like he has cast a long shadow. He has legislation that revised the Private yesterday, I had the opportunity of sit- big shoes to fill. Whatever cliche you Mortgage Insurance program to benefit ting on a stand with Jim Hansen in want to use about Jim Hansen, the bot- American homeowners. Tuelo speaking at a political event. tom line is he did a good job for his It is both fitting and proper to honor When I informed him that if he spoke constituents, and he did a good job for the distinguished career of Jim Hansen well of me today in Utah I would speak the State of Utah.

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE April 21, 2004 CONGRESSIONAL RECORD — HOUSE H2215 He was known for his integrity, twice of Taiwan in the World Health Organi- Health and Human Services Tommy Thomp- serving as chairman of the Committee zation, as amended. son announced ‘‘America’s work for a on Standards and Official Conduct. He The Clerk read as follows: healthy world cuts across political lines. was known for his common sense and Be it enacted by the Senate and House of Rep- That is why my government supports Tai- wan’s efforts to gain observership status at for his frugality. The building in resentatives of the United States of America in Congress assembled, the World Health Assembly. We know this is Ogden, which will be named for him, is a controversial issue, but we do not shrink SECTION 1. CONCERNING THE PARTICIPATION a place where he served for 22 years. I OF TAIWAN IN THE WORLD HEALTH from taking a public stance on it. The people have followed him, so my office is in ORGANIZATION. of Taiwan deserve the same level of public the same spot that his office was, and (a) FINDINGS.—Congress makes the fol- health as citizens of every nation on earth, I and my staff are going to be proud lowing findings: and we support them in their efforts to that we are now serving in the Jim (1) Good health is important to every cit- achieve it’’. Hansen Federal Building in Ogden, izen of the world and access to the highest (14) The Government of the Republic of standards of health information and services China on Taiwan, in response to an appeal Utah. is necessary to improve the public health. from the United Nations and the United Mr. COSTELLO. Mr. Speaker, I yield (2) Direct and unobstructed participation States for resources to control the spread of myself such time as I may consume to in international health cooperation forums HIV/AIDS, donated $1,000,000 to the Global urge passage of this legislation. and programs is beneficial for all parts of the Fund to Fight AIDS, Tuberculosis, and Ma- Mr. Speaker, I yield back the balance world, especially today with the great poten- laria in December 2002. of my time. tial for the cross-border spread of various in- (15) In 2003, the outbreak of Severe Acute Mr. CANNON. Mr. Speaker, I yield fectious diseases such as the human im- Respiratory Syndrome (SARS) caused 84 myself such time as I may consume. munodeficiency virus (HIV), tuberculosis, deaths in Taiwan. and malaria. Mr. Speaker, we had many people (16) Avian influenza, commonly known as (3) Taiwan’s population of 23,500,000 people bird flu, has reemerged in Asia, with strains who wanted to come speak today, but I 3 is greater than that of ⁄4 of the member of the influenza reported by the People’s Re- think the calendar has precluded them states already in the World Health Organiza- public of China, Cambodia, Indonesia, Japan, from coming. So I would like to urge tion (WHO). Pakistan, South Korea, Taiwan, Thailand, my colleagues to vote ‘‘yes’’ on this (4) Taiwan’s achievements in the field of Vietnam, and Laos. bill that honors our colleague, who I health are substantial, including— (17) The SARS and avian influenza out- want to assure everyone is in vital (A) attaining— breaks illustrate that disease knows no (i) 1 of the highest life expectancy levels in boundaries and emphasize the importance of health and still alive, despite all of the Asia; and honors he has received recently. allowing all people access to the WHO. (ii) maternal and infant mortality rates (18) As the pace of globalization quickens Mr. Speaker, Jim Hansen was a man comparable to those of western countries; and the spread of infectious disease acceler- of great good humor, great political in- (B) eradicating such infectious diseases as ates, it is crucial that all people, including sight, great integrity, and a man of cholera, smallpox, the plague, and polio; and the people of Taiwan, be given the oppor- principle. I am honored to sponsor this (C) providing children with hepatitis B tunity to participate in international health bill on his behalf. vaccinations. organizations such as the WHO. Mr. FALEOMAVAEGA. Mr. Speaker, it is my (5) The United States Centers for Disease (19) The Secretary of Health and Human Control and Prevention and its counterpart Services acknowledged during the 2003 World great honor to rise to today in support of H.R. agencies in Taiwan have enjoyed close col- 3147, To Designate a Federal Building in Health Assembly meeting that ‘‘[t]he need laboration on a wide range of public health for effective public health exists among all Ogden, Utah as the ‘‘James V Hansen Fed- issues. peoples’’. eral Building’’. (6) In recent years Taiwan has expressed a (b) PLAN.—The Secretary of State is au- Chairman Hansen and I served together in willingness to assist financially and tech- thorized to— this House for 14 years. As Chairman of the nically in international aid and health ac- (1) initiate a United States plan to endorse House Resources Committee, Jim Hansen tivities supported by the WHO. and obtain observer status for Taiwan at the (7) On January 14, 2001, an earthquake, reg- was instrumental in securing passage of sev- annual week-long summit of the World istering between 7.6 and 7.9 on the Richter Health Assembly each year in Geneva, Swit- eral pieces of legislation crucial to the needs scale, struck El Salvador. In response, the of my constituents in American Samoa. zerland; Taiwanese Government sent 2 rescue teams, (2) instruct the United States delegation to consisting of 90 individuals specializing in Jim was a champion of good causes, an ex- the World Health Assembly in Geneva to im- firefighting, medicine, and civil engineering. emplary leader, and more importantly, my plement that plan; and The Taiwanese Ministry of Foreign Affairs friend. At this time I urge all my colleagues to (3) introduce a resolution in support of ob- also donated $200,000 in relief aid to the Sal- support this legislation which recognizes and server status for Taiwan at the summit of vadoran Government. the World Health Assembly. honors Chairman Hansen’s legacy of service. (8) The World Health Assembly has allowed (c) REPORT CONCERNING OBSERVER STATUS Mr. CANNON. Mr. Speaker, I yield observers to participate in the activities of back the balance of my time. the organization, including the Palestine FOR TAIWAN AT THE SUMMIT OF THE WORLD The SPEAKER pro tempore (Mr. Liberation Organization in 1974, the Order of HEALTH ASSEMBLY.—Not later than 30 days after the date of the enactment of this Act, BASS). The question is on the motion Malta, and the Holy See in the early 1950’s. and not later than April 1 of each year there- offered by the gentleman from Ohio (9) The United States, in the 1994 Taiwan Policy Review, declared its intention to sup- after, the Secretary of State shall submit a (Mr. LATOURETTE) that the House sus- report to the Congress, in unclassified form, pend the rules and pass the bill, H.R. port Taiwan’s participation in appropriate international organizations. describing the United States plan to endorse 3147, as amended. (10) Public Law 106–137 required the Sec- and obtain observer status for Taiwan at the The question was taken. retary of State to submit a report to Con- annual week-long summit of the World The SPEAKER pro tempore. In the gress on efforts by the executive branch to Health Assembly (WHA) held by the World opinion of the Chair, two-thirds of support Taiwan’s participation in inter- Health Organization (WHO) in May of each those present have voted in the affirm- national organizations, in particular the year in Geneva, Switzerland. Each report ative. WHO. shall include the following: (11) In light of all benefits that Taiwan’s (1) An account of the efforts the Secretary Mr. CANNON. Mr. Speaker, on that I of State has made, following the last meet- demand the yeas and nays. participation in the WHO can bring to the state of health not only in Taiwan, but also ing of the World Health Assembly, to encour- The yeas and nays were ordered. regionally and globally, Taiwan and its age WHO member states to promote Tai- The SPEAKER pro tempore. Pursu- 23,500,000 people should have appropriate and wan’s bid to obtain observer status. ant to clause 8 of rule XX and the meaningful participation in the WHO. (2) The steps the Secretary of State will Chair’s prior announcement, further (12) On May 11, 2001, President Bush stated take to endorse and obtain observer status proceedings on this motion will be in a letter to Senator Murkowski that the at the next annual meeting of the World postponed. United States ‘‘should find opportunities for Health Assembly in Geneva, Switzerland. Taiwan’s voice to be heard in international f The SPEAKER pro tempore. Pursu- organizations in order to make a contribu- ant to the rule, the gentleman from tion, even if membership is not possible’’, PARTICIPATION OF TAIWAN IN Ohio (Mr. CHABOT) and the gentleman WORLD HEALTH ORGANIZATION further stating that the administration ‘‘has focused on finding concrete ways for Taiwan from Ohio (Mr. BROWN) each will con- Mr. CHABOT. Mr. Speaker, I move to to benefit and contribute to the WHO’’. trol 20 minutes. suspend the rules and pass the bill (13) In his speech made in the World Med- The Chair recognizes the gentleman (H.R. 4019) to address the participation ical Association on May 14, 2002, Secretary of from Ohio (Mr. CHABOT).

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE H2216 CONGRESSIONAL RECORD — HOUSE April 21, 2004 GENERAL LEAVE fectious diseases like avian flu, the immediately right this wrong. This leg- Mr. CHABOT. Mr. Speaker, I ask need for international cooperation in islation calls on the head of the Amer- unanimous consent that all Members public health matters has never been ican delegation at the World Health Or- may have 5 legislative days in which to more critical. ganization to speak out forcefully on revise and extend their remarks and in- b 1130 the floor of the World Health Assembly clude extraneous material on H.R. 4019, in support of the right of the people of the bill under consideration. But despite the danger of health Taiwan to meaningful participation in The SPEAKER pro tempore. Is there threats stalking the world’s popu- the international public health com- objection to the request of the gen- lation, 23 million residents of the is- munity. tleman from Ohio? land of Taiwan continue to be banned The manager’s amendment contains There was no objection. from participation in and cooperating a modification on the bill as intro- Mr. CHABOT. Mr. Speaker, I yield with the work of the World Health Or- duced. It extends beyond calendar year myself such time as I may consume. ganization. Taiwan’s exclusion from 2004 the authorization for the Sec- Mr. Speaker, I want to thank my col- the World Health Organization is not retary of State to seek observer status league, the gentleman from Ohio (Mr. simply a political question, it is a ques- for Taiwan at the World Health Assem- BROWN), for his leadership in this effort tion of humanity. It is an injury to the bly and to report to Congress on the to obtain observer status for Taiwan at lives and well-being of the Taiwanese same. the annual week-long summit held by people, and a lost opportunity to defeat I would conclude by thanking the the World Health Organization in May disease, humanity’s common enemy. gentleman from Ohio (Mr. BROWN) and of each year. My colleague has spear- Mr. Speaker, this is an issue that de- his staff for leadership on this bill, and headed this campaign for many years, mands we put aside narrow political also the gentleman from Florida (Mr. and I am pleased to join him once considerations in the interest of human WEXLER) and the gentleman from Cali- again. welfare. It demands the attention of fornia (Mr. ROHRABACHER), who are co- I also want to thank Brett Gibson of the international community, and it the staff of the gentleman from Ohio chairs of the Taiwan Caucus. demands the attention of the United Mr. Speaker, I reserve the balance of (Mr. BROWN), who has done a great job States. Beyond these humanitarian my time. working on this issue. considerations that would apply to peo- The people of Taiwan have a great Mr. BROWN of Ohio. Mr. Speaker, I ple anywhere in the world if granted deal to offer to the international com- yield myself such time as I may con- observer status at the World Health Or- munity. It is terribly unfortunate that sume. ganization, Taiwan would be uniquely while Taiwan’s achievements in the Mr. Speaker, I again join the gen- positioned to help strengthen the infra- medical field are certainly substantial, tleman from Ohio (Mr. CHABOT) in urg- structure of the international public and it has expressed the repeated willing Congress to authorize the U.S. to ingness to assist both financially and health system. endorse and obtain observer status for The damage from the potential ex- technically in World Health Organiza- Taiwan at the annual summit of the clusion from World Health Organiza- tion activities, it has not been allowed World Health Assembly, the meeting of to do so because of the intransigence of tion does not stop at the island’s shore- the World Health Organization, set for the Communist Chinese Government. line. Taiwan’s continued forced isola- next month, May of 2004, in Geneva. It is a travesty that during times of tion from the world health community I would like to thank the gentleman crisis, such as the 1998 entovirus out- stands to impact the health of all of from California (Mr. ROHRABACHER), break in Taiwan that killed 70 children the countries in East Asia and the the gentleman from Florida (Mr. WEX- and infected hundreds and hundreds greater international community. Dis- LER) and especially the gentleman from more, the World Health Organization eases do not recognize political bound- Ohio (Mr. CHABOT) for their hard work was unable to help. When an earth- aries, a fact demonstrated during the and dedication to world public health. quake in 1999 claimed more than 2,000 2003 outbreak of SARS, as I mentioned H.R. 4019 is another important step in lives, we learned in published reports previously. Taiwan’s highly trained fulfilling the commitment that we in that the Chinese Government, whose medical personnel, outstanding med- this country made in the 1994 Taiwan belligerent insistence that Taiwan be ical facilities and respected scientific policy review to more actively support denied a role in international organiza- community would be a tremendous re- Taiwan’s membership in organizations tions, demanded that any aid for Tai- source to global health professionals such as the United Nations and the wan provided by U.N. organizations working to combat disease. Further- World Health Organization. We should and the Red Cross receive prior ap- more, despite its arbitrary exclusion continue to support Taiwan in inter- proval from the dictators in Beijing. from the World Health Organization national bodies. We should continue to And when the SARS outbreak killed so and the annual World Health Assembly advocate for Taiwan to be represented many in Taiwan last year, the PRC ob- in Geneva, Taiwan has made generous in the WHO. jected to WHO assistance for its neigh- financial contributions to inter- There are more reasons today to sup- bor. national efforts to improve public port this bill than there were last year Health and Human Services Sec- health throughout the world, including even. Those reasons are SARS and the retary Tommy Thompson has stated a $1 million donation to the Global avian flu outbreaks. How much more that the people of Taiwan deserve the Fund to Fight AIDS, Tuberculosis and limited would the effect of SARS same level of public health as citizens Malaria. worldwide have been if Taiwan’s gov- of every nation on earth, and we sup- In the context of such compelling ar- ernment had been fully engaged in the port them in their efforts to achieve it. guments for Taiwan’s participation in work of the World Health Organiza- We can show that support by adopting the global network of medical information? How much more quickly would this legislation that would authorize tion and organizations represented by the disaster have been contained if the Secretary of State to endorse and the World Health Organization, its con- China had not covered up the outbreak obtain observer status for Taiwan at tinuing exclusion is illogical and dan- and Taiwan could have stepped for- the annual summit of the World Health gerous. It is a reality that has been ward? assembly and introduce a resolution in perpetuated through the threats and Excluding the people of Taiwan from support of observer status. posturing of the People’s Republic of the WHO violates the basic premise of This legislation also makes perma- China, a government whose outrageous the WHO to enjoy the attainment of nent the reporting requirement man- behavior during last year’s SARS epi- the highest standard of health ‘‘is one dating an account of our government’s demic clearly demonstrated an unwill- of the fundamental rights of every efforts at the assembly and the steps ingness to act responsibly in safe- human being without distinction of the Secretary will take to endorse and guarding the health of citizens on the race, religion, political belief, eco- obtain observer status at the next mainland or Taiwan. nomic or social condition.’’ meeting of the assembly. It is my hope and that of other co- Last year the outbreak of severe In the face of the AIDS pandemic, the sponsors of this legislation that our acute respiratory syndrome, SARS, threat of bioterrorism, and vicious in- government will take vigorous steps to caused 73 people in Taiwan to die. This

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE April 21, 2004 CONGRESSIONAL RECORD — HOUSE H2217 year, avian influenza has reemerged in I would also like to thank the Chairman of ported by the WHO, but has been unable to Asia, has been reported in China and the Committee, my good friend from Illinois, render such assistance because Taiwan is not Cambodia, Indonesia and Japan, Laos, for moving this legislation forward and to other a member of the WHO. Last year’s SARS out- Pakistan, South Korea, Taiwan, Thai- members on his side of the aisle for their sup- break in Asia should have made it perfectly land and Vietnam. SARS and the avian port. clear how important it is to allow Taiwan to influenza continue to threaten Taiwan. Mr. Speaker, by battling the spread of infec- participate in the WHO. Taiwan offered to The case has never been stronger for tious diseases and increasing the quality of work with the WHO yet was denied; only later allowing the people of Taiwan access to health care to the global community, the World were two WHO experts dispatched to Taiwan. the WHO. As globalization quickens, Health Organization makes a significant con- Meanwhile, the WHO has allowed observers and as the spread of infectious disease tribution to America’s national security. As we to participate in the activities of the organiza- accelerates, it is crucial that the peo- meet today, the World Health Organization is tion, including the Palestinian Liberation Orga- ple of Taiwan be given the opportunity attempting to prevent future outbreaks of the nization, the Knights of Malta, and the Vatican. to participate in international health deadly SARS virus, implementing new strate- Along with many of my colleagues, I am ex- organizations such as WHO. gies to stop the spread of the deadly HIV/ tremely disappointed that Taiwan is not a full This bill authorizes Secretary of AIDS virus, and teaching the developing world member of the U.N. and all international orga- State Powell to endorse and help ob- how to stop the transmission of tuberculosis. nizations that its democratically led govern- tain observer status for Taiwan at the Mr. Speaker, the fight for quality health care ment wishes to join. Although this resolution week-long health summit of the WHA, around the globe will never cease. As a result, does not go anywhere near far enough to ad- and authorizes the State Department the WHO and its member countries must look dress this concern, it is a first step in address- to introduce a resolution on the floor for help from every nation, and from every ing the problem that Taiwan faces. of the WHA in support of Taiwan’s par- people, to strengthen the work of the organi- Therefore, I urge every member of this ticipation in the organization. The bill zation. Unfortunately, strong and consistent House to support a democratic Taiwan by directs the State Department to sub- opposition from the Chinese Government has supporting this bill. mit a plan to Congress on how to ac- repeatedly stopped the people of Taiwan from Mr. CHABOT. Mr. Speaker, I have no complish this objective. contributing to the work of the WHO. further requests for time, and I yield Taiwan has eradicated smallpox, I appreciate the willingness of President back the balance of my time. cholera, polio, and achieved infant Bush to support Taiwan’s bid for WHO ob- Mr. BROWN of Ohio. Mr. Speaker, I mortality rates on a par with Western, server status. But I fear that those who work have no further requests for time, and wealthy nations. These accomplish- for the President at the White House and the I yield back the balance of my time. The SPEAKER pro tempore (Mr. ments warrant an invitation to partici- State Department are unwilling to make a con- BASS). The question is on the motion pate in international policy health dis- certed effort to make Taiwan’s observer status offered by the gentleman from Ohio cussions, to sit at the table with sci- a reality. While it is true that active, not simply (Mr. CHABOT) that the House suspend entists and physicians and other public passive, support for Taiwan’s bid will upset the rules and pass the bill, H.R. 4019, as health experts in all these countries. Beijing, we must first focus on promoting With a population of 23 million peo- amended. America’s own national interest. ple, Taiwan is larger than 75 percent of The question was taken. It is true that observer status for Taiwan will the countries which actually belong to The SPEAKER pro tempore. In the not come easy. Beijing holds sway over many the WHO. Taiwan is prepared to con- opinion of the Chair, two-thirds of WHO members. But the facts in support of tribute meaningfully to the global those present have voted in the affirm- Taiwan’s case are clear, and support will un- health efforts discussed at the WHA, ative. doubtedly build over time with active American but without observer status, its dele- Mr. CHABOT. Mr. Speaker, on that I gates cannot even enter the room. This engagement. demand the yeas and nays. Mr. Speaker, Taiwan is one of America’s bill would prevent the international The yeas and nays were ordered. strongest allies in the Asia-Pacific region, and community from missing out on the in- The SPEAKER pro tempore. Pursu- is a beacon of democracy for people around sight and experience Taiwanese health ant to clause 8 of rule XX and the officials can offer. This bill is good for the world. Taiwan also has the money and ex- Chair’s prior announcement, further the 23 million people in Taiwan, and it pertise to make a significant contribution to the proceedings on this motion will be is also good for the rest of the world work of the World Health Organization. The postponed. because of the expertise that Tai- case for Taiwan at the WHO is clear, and I f wanese health officials bring to the hope that the Bush Administration will actively seize on this critically-important matter. GUARDSMEN AND RESERVISTS table. FINANCIAL RELIEF ACT OF 2003 I urge my colleagues to support ac- I urge my colleagues to support H.R. 4019. cess to the WHO for the 23 million peo- Mr. MENENDEZ. Mr. Speaker, I am in Mr. SHAW. Mr. Speaker, I move to ple of democratic Taiwan and support strong support of Taiwan’s entry into the suspend the rules and pass the bill this bill. World Health Organization (WHO). It is once (H.R. 1779) to amend the Internal Rev- Mr. Speaker, I reserve the balance of again time for Congress to stand up for a enue Code of 1986 to allow penalty-free my time. democratic Taiwan. withdrawals from retirement plans Mr. CHABOT. Mr. Speaker, I yield Secretary Powell has noted before the Inter- during the period that a military re- myself such time as I may consume. national Relations Committee that there servist or national guardsman is called Mr. Speaker, I would just like to rec- should be ways for Taiwan to enjoy full bene- to active duty for an extended period, ognize several of the staff who have fits of participation in international organiza- and for other purposes. been instrumental on bringing this tions without being a member. H.R. 4019 only The Clerk read as follows: forth today. On the majority side, I calls for the Secretary of State to initiate a Be it enacted by the Senate and House of Rep- would like to recognize Sarah Tilleman United States plan to endorse and obtain ob- resentatives of the United States of America in and Dennis Halpin for their very hard server status at the WHO for Taiwan. Congress assembled, work; and on the minority side, I would Time and time again in recent years, Con- SECTION 1. SHORT TITLE. like to recognize and thank Paul gress has passed similar legislation to provide This Act may be cited as the ‘‘Guardsmen Oostburg and Bob King for their serv- for Taiwan’s participation in the WHO. Yet and Reservists Financial Relief Act of 2003’’. SEC. 2. PENALTY-FREE WITHDRAWALS FROM RE- ice and the hard work they have put in time and time again, Taiwan has been thwart- TIREMENT PLANS FOR INDIVIDUALS to make this possible today. ed from joining this international organization CALLED TO ACTIVE DUTY FOR AT Mr. LANTOS. Mr. Speaker, I am in strong because of objections from the People’s Re- LEAST 179 DAYS. support of this resolution. public of China. This most recently occurred (a) IN GENERAL.—Paragraph (2) of section Mr. Speaker, I would first like to commend last May at the World Health Assembly in Ge- 72(t) of the Internal Revenue Code of 1986 (relating to 10-percent additional tax on early my colleague from Ohio, SHERROD BROWN, for neva; even after Congress enacted legislation distributions from qualified retirement his persistence in pushing for Taiwan’s ob- authorizing the U.S. Government to implement plans) is amended by adding at the end the server status at the WHO. For many years he a plan for Taiwan to obtain observer status. following new subparagraph: has successfully advocated for legislation to In recent years. Taiwan has expressed a ‘‘(G) DISTRIBUTIONS FROM RETIREMENT move this issue forward, and I want to con- willingness to assist financially and technically PLANS TO INDIVIDUALS CALLED TO ACTIVE gratulate him on his current efforts to do so. in international aid and health activities sup- DUTY.—

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE H2218 CONGRESSIONAL RECORD — HOUSE April 21, 2004 ‘‘(i) IN GENERAL.—Any qualified reservist in income during their absence. The are not saying that we are going to ad- distribution. house payments go on; the grocery just that. No, what we are saying is if ‘‘(ii) AMOUNT DISTRIBUTED MAY BE REPAID.— bills continue to pile up. Of the nearly they are forced to go into their fam- Any individual who receives a qualified re- 200 reservists on Active Duty in Af- ily’s retirement fund, they can dip into servist distribution may, at any time during the 2-year period beginning on the day after ghanistan, Iraq and around the world, it as deep as they want, jeopardize the the end of the active duty period, make one one-third have taken a pay cut in order future fiscal support of their family, or more contributions to an individual re- to serve their country. and we will not make them pay a pen- tirement plan of such individual in an aggre- This bill will provide financial assist- alty. gate amount not to exceed the amount of ance to those reservists and guardsmen Well, I hope Members vote aye. I such distribution. The dollar limitations by allowing them to withdraw money hope this passes by voice vote so we otherwise applicable to contributions to in- from their IRAs without being penal- will not have to explain this big patri- dividual retirement plans shall not apply to ized. By being able to use their savings otic thing that we have done for our any contribution made pursuant to the pre- when needed, they may avert some of fighting reservists and National ceding sentence. No deduction shall be al- the hardships that result from de- Guardsmen. lowed for any contribution pursuant to this Mr. Speaker, I reserve the balance of clause. creases in salary. This would allow ‘‘(iii) QUALIFIED RESERVIST DISTRIBUTION.— servicemembers that extra bit of my time. For purposes of this subparagraph, the term stretch in the family budget so they Mr. SHAW. Mr. Speaker, I yield my- ‘qualified reservist distribution’ means any can avoid the financial squeeze that self such time as I may consume. distribution to an individual if— could challenge their ability to keep a Mr. Speaker, I well understand the passion in the voice of the gentleman ‘‘(I) such distribution is from an individual business going, make rent payments retirement plan, or from amounts attrib- from New York (Mr. RANGEL). He and afford groceries. All of us know utable to employer contributions made pur- served with great distinction in Korea, every bit helps, and when we think of suant to elective deferrals described in sub- and he knows what those sacrifices are the tremendous sacrifice these men and paragraph (A) or (C) of section 402(g)(3) or like. section 501(c)(18)(D)(iii), women are making to serve their coun- ‘‘(II) such individual was (by reason of try to keep us safe, this bill certainly b 1145 being a member of a reserve component (as deserves and is receiving great bipar- But he is a cosponsor of this bill. defined in section 101 of title 37, United tisan support from both sides of the Sometimes it is hard to get a bipar- States Code)), ordered or called to active aisle. tisan minute in this Chamber; however, duty for a period in excess of 179 days or for Mr. Speaker, I reserve the balance of an indefinite period, and I think that when we do have to ask for ‘‘(III) such distribution is made during the my time. a vote, that we will be getting a great period beginning on the date of such order or Mr. RANGEL. Mr. Speaker, I yield bipartisan vote. call and ending at the close of the active myself such time as I may consume. Mr. Speaker, I yield such time as he duty period. Mr. Speaker, I rise in support of this may consume to the gentleman from ‘‘(iv) APPLICATION OF SUBPARAGRAPH.—This bill, but I do so with a very, very heavy Colorado (Mr. BEAUPREZ), the author of subparagraph applies to individuals ordered heart because what my dear friend, the this bill. or called to active duty after September 11, gentleman from Florida (Mr. SHAW), Mr. BEAUPREZ. Mr. Speaker, I 2001, and before September 12, 2005. In no has pointed out is the inequities that thank the gentleman for his efforts to event shall the 2-year period referred to in exist in this war and the lack of sac- bring this to the floor, and I thank the clause (ii) end before the date which is 2- rifice being shared by so many Ameri- years after the date of the enactment of this gentleman from New York (Mr. RAN- subparagraph.’’ cans. GEL) as well for being a cosponsor of (b) CONFORMING AMENDMENTS.— It is for that reason why I think that this legislation. (1) Section 401(k)(2)(B)(i) of such Code is we have to take a look at the draft. We There is certainly much to do. I rec- amended by striking ‘‘or’’ at the end of sub- have to make certain that when we ognize and respect that. It crossed my clause (III), by striking ‘‘and’’ at the end of talk about bringing them on and we mind, though, that this is perhaps one subclause (IV) and inserting ‘‘or’’, and by in- are not going to cut and run, that we step in the direction of the great bit serting after subclause (IV) the following are not just talking about people like that we have to do, and it is something new subclause: these reservists that we are trying to ‘‘(V) the date on which a period referred to we can do and do quickly to provide in section 72(t)(2)(G)(iii)(III) begins, and’’. help today, people who the gentleman some relief to the many families that (2) Section 403(b)(11) of such Code is amend- from Florida (Mr. SHAW) pointed out have been going through sacrifice, fied by striking ‘‘or’’ at the end of subpara- cannot make their rent payment, fami- nancial and certainly otherwise, at this graph (A), by striking the period at the end lies who are actually receiving chari- difficult time. of subparagraph (B) and inserting ‘‘, or’’, and table allocations of food. The Guard and Reserve have a noble by inserting after subparagraph (B) the fol- I saw a family left behind as their tradition. Some of our greatest Amer- lowing new subparagraph: husband and father was in Iraq stand- ican heroes have served in the Guard. ‘‘(C) for distributions to which section ing in line receiving food and clothing 72(t)(2)(G) applies.’’ George Washington, Abraham Lincoln, (c) EFFECTIVE DATE.—The amendment because they cannot afford it because Paul Revere, and certainly Teddy Roo- made by this section shall apply to distribu- of the reduction in salary that the re- sevelt were all members of the Na- tions after September 11, 2001. servists suffer as a result of performing tional Guard. In fact, Roosevelt’s The SPEAKER pro tempore. Pursu- their heroic duty. They suffer loss of Rough Riders were a Guard unit. ant to the rule, the gentleman from income, many of them do not get their Since September 11 alone, some Florida (Mr. SHAW) and the gentleman decent jobs back, their families have 366,000 plus Guard and reservists have from New York (Mr. RANGEL) each will lost health benefits, and what are we been mobilized, just since September control 20 minutes. suggesting we do today? What are we 11, 2001. Currently on Active Duty The Chair recognizes the gentleman suggesting that we do today? We are there are about 167,000 Guard and re- from Florida (Mr. SHAW). suggesting that these low-income peo- servists on Active Duty. I believe it Mr. SHAW. Mr. Speaker, I yield my- ple that are being placed in harm’s was the gentleman from Florida (Mr. self such time as I may consume. way, that when they dip into their in- SHAW), perhaps it was the gentleman Mr. Speaker, after the attacks of dividual retirement funds, when they from New York (Mr. RANGEL), who September 11, 2001, more than 85,000 re- are forced to jeopardize their retire- cited an estimated one-third that took servists were recalled to Active Duty. ment because of their service to their a pay cut, and it may be more than America’s brave men and women who country, that we do not compensate that, to make this huge sacrifice and, serve the Reserves and National Guard them for this dramatic economic loss, of course, put themselves in harm’s willingly leave their jobs and families we do not say, hey, we know how many way. It would seem one of the most dis- behind when called to Active Duty. private citizens are going there getting ingenuous, ungrateful things that this Many of these service people receive a 10 times your salary, we know what Nation could do, and in order to main- military salary that is much less than their health benefits are, we know tain their life-style back home, their their civilian salary, and their families what their death benefits are, we know obligations back home, that their fam- are the ones who suffer the difference what their compensation really is, we ilies then be penalized for tapping into

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE April 21, 2004 CONGRESSIONAL RECORD — HOUSE H2219 a retirement account. Recognizing Bismark, North Dakota. It was quite a I would ask the gentleman from Flor- again that there is much that could scene; tears of joy as families were re- ida might he extend that bipartisan to and, in fact, probably should be done united after all they had been through. join with me in asking that the con- relative to the expanded mission that But to think that we are putting them ference meets. Without a meeting we have now found ourselves in for our through, on top of everything else, there is no agreement. Guard and Reserves since September great financial hardship because the Mr. SHAW. Mr. Speaker, will the 11, 2001, this being but one step and the pay in the military is below what so gentleman yield? step that I hope this House and this many of them are making in the pri- Mr. RANGEL. I yield to the gen- body takes today in trying to provide vate sector, it is just unacceptable. tleman from Florida. some financial relief to those families. So let us advance the step of doing Mr. SHAW. Mr. Speaker, I think, as This legislation is retroactive to any much more than this so that we can the gentleman knows, this is the Sen- Guard or reservist that has been called avoid the financial hardship to our sol- ate’s call at this particular point. up since September 11, 2001. It does diers. Mr. RANGEL. Mr. Speaker, when the sunset in 2005, but certainly is action Mr. SHAW. Mr. Speaker, I have no Senate does call, I hope that the mi- that I hope, once we see the wisdom of, further requests for time, and I reserve nority be notified where the conference perhaps we can extend that into the fu- the balance of my time. is being held, that we would be allowed ture. Again, a step to take, not the Mr. RANGEL. Mr. Speaker, I yield 2 to participate. final step, not the only step, but a log- minutes to the gentlewoman from Or- Mr. Speaker, I yield 2 minutes to the ical step in providing some financial egon (Ms. HOOLEY). gentleman from Michigan (Mr. LEVIN), Ms. HOOLEY of Oregon. Mr. Speaker, relief to those who have taken on such a member of the Committee on Ways I thank the gentleman from New York a heavy burden in serving this country and Means. for yielding me this time. (Mr. LEVIN asked and was given per- in a time of need. Mr. Speaker, I rise in support of this Mr. RANGEL. Mr. Speaker, I yield mission to revise and extend his re- legislation before us today to allow the myself such time as I may consume. marks.) reservists and National Guard members Let us move forward and take this Mr. LEVIN. Mr. Speaker, I support to make needed withdrawals from the small first step, but let us listen to this legislation. I assume everybody retirement accounts without the usual other steps that we can take to really else will. But let us recognize it as a tax penalties. This will allow these show the depth of our appreciation of baby step when we should be taking a families to adjust to the financial the sacrifice that our men and women much larger one, I would say a giant strain that extended deployment in- step. in the National Guard and the Reserves flicts on soldiers and their families. I do not think any of us know enough are making. But hopefully this is only the first Mr. Speaker, I yield 2 minutes to the about what is happening in the lives of step. This is a very small piece. gentleman from North Dakota (Mr. I would like to take this moment to the families of those who are serving, POMEROY), a member of the Committee announce the introduction by the gen- in many cases serving longer than they ever expected, and the hardship that is on Ways and Means. tleman from New York (Mr. RANGEL) Mr. POMEROY. Mr. Speaker, I thank and me of another simple piece of legis- happening financially as well as other- the gentleman for yielding me this lation to help our deployed soldiers. wise to these families. time. Under current law the refundable child So we should be doing more than The bill before us is not the least we tax credit provides a refund of 10 per- this. Indeed, we should have had a can do. It is well beneath the least we cent of taxable earnings over $10,000, Committee on Ways and Means discus- should do. It is saying that if, when but they have to be taxable earnings. sion of this, this bill did not come be- they are serving their country on ex- We do not tax combat pay for deployed fore us, to look at the panoply of legis- tended deployment in the National soldiers, unintentionally raising taxes lation that we could be considering and Guard, they need to go into their re- for many families of soldiers deployed enacting. One has been mentioned retirement accounts to avoid family in Iraq or Afghanistan. Because of the lating to the child credit. Another re- bankruptcy, that we are not going to quirk in the Tax Code, a soldier earn- lates to the withdrawals from the charge them the penalty fee for early ing combat pay who is making under IRAs. The penalty is now being taken withdrawal of their retirement money. $39,000 a year with two children would care of. But how about when there is a I am going to support this legislation actually be better off if their combat recontribution to make up for what because grim reality is many of our pay were taxed. This legislation we are had to be withdrawn because people are soldiers and their families are in pre- introducing would fix this glitch and serving, they are doing their duty, they cisely this fiscal predicament. But the treat combat pay as taxable income are receiving much less pay, the fami- leadership on the that majority side only for the purpose of computing the lies are living on much less? This was that allowed this bill to come up on the family tax credit. not expected. It was not something suspension calendar had so many other I urge my colleagues to support this they could readily plan for. options, I wish it had done something bill before us today and to cosponsor So today we ought to be looking at more meaningful. One of the options is the Rangel-Hooley bill to correct the this legislation as something that legislation I have introduced, the inequities with combat pay and the should be passed, but as something Guard and Reserve Fairness Act, H.R. child tax credit. All Members can sign that should just be the opener in a full 3317, and let me contrast the rather up. discussion in this House, in our com- pitiful step we are taking with this leg- Mr. SHAW. Mr. Speaker, I yield my- mittee, about the consequences that islation to what is in this bill. self 1 minute. are being imposed really upon the fam- This bill, the Guard and Reserve Very briefly, I think the gentle- ilies who are really in many cases in Fairness Act, would allow those em- woman brings up a good point, and I some economic distress. So let us just ployers that continue to top off the pay would point out to the Congress that make this the beginning and not the of their employee who is on Guard de- this is a matter that is subject to con- end. ployment, it would allow them a tax ference right now on a bill that is in Mr. RANGEL. Mr. Speaker, I yield 3 credit for the dollars they advance conference, and I certainly think this minutes to the gentleman from Cali- holding the salary of their soldier is an oversight. It was not thought of fornia (Mr. LANTOS), the senior Demo- level. This is a step we have to take to when the child care credit was initi- crat on the Committee on Inter- encourage employers to make the extra ated, and I have been told that it would national Relations, and one of the most step so that their soldiers, their de- be germane and would be subject to eloquent voices that we have in this parted employees now on deployment, conference, and perhaps it would get body. do not take the financial hit. good bipartisan support. Mr. LANTOS. Mr. Speaker, I thank On Sunday night I greeted a plane- Mr. Speaker, I reserve the balance of my good friend for yielding me this load of returning guardsmen from my time. time. about 15 months of very hazardous Mr. RANGEL. Mr. Speaker, I yield Mr. Speaker, the legislation we are duty in Iraq as they arrived home in myself such time as I may consume. considering today is the absolute

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE H2220 CONGRESSIONAL RECORD — HOUSE April 21, 2004 height of hypocrisy. H.R. 1779, the so- with sham legislation like this bill should provide better pay and assist- called Guardsmen and Reservists Fi- that we are considering today. ance for their families. Indeed, they nancial Relief Act, is a sham, and it is Mr. RANGEL. Madam Speaker, I face the same problems when they re- an outrage. We are calling up members yield 1 minute to the gentleman from turn home as other workers. Anyone of our National Guard and Reserves, Texas (Mr. SANDLIN). who has been unemployed for an ex- pulling them out of their regular em- Mr. SANDLIN. Madam Speaker, I tended period should have the same ployment, taking them away from thank my colleague from New York for ability to use their retirement funds to their homes and families and commu- yielding me time. make ends meet. Even more important, nities, and asking them to risk their Madam Speaker, today there are Reservists must return home to a lives in the fight against terrorism in 171,917 National Guardsmen and Re- country that can provide good jobs for places like Iraq and Afghanistan. And servists on active duty. They are facing them so they can care for their fami- what does the Republican leadership of increasingly difficult circumstances lies. That is the best way to honor our this House propose to do in order to with the most recent extension of the veterans. help them face the financial strain this deployment of troops in Iraq. As a con- Mr. RANGEL. Madam Speaker, I call-up imposes on them and their fam- sequence of their service, many of our yield 1 minute to the gentleman from ilies as they risk their lives for our Na- National Guardsmen and Reservists Ohio (Mr. STRICKLAND), a member of tion? This legislation provides the have been forced to resort to their sav- the Committee on Veterans’ Affairs. tiniest of tiny benefits. The bill allows ings, savings that are vital to the eco- Mr. STRICKLAND. Madam Speaker, the waiver of the early withdrawal fees nomic well-being of their families. the leadership of this House should be as reservists and National Guardsmen Many of our Guardsmen and Reserv- ashamed to bring this bill to the floor. and women use their own retirement ists have been forced to liquidated We are going to vote for it, obviously, savings, their own IRAs, in order to IRAs and other retirement accounts in because it is better than nothing, but meet their urgent financial needs order to pay their families’ day-to-day it is nearly nothing. caused by their activation to serve our expenses. The President said in his last press Nation. I am pleased that the bill we have be- conference that he would tell the This bill still requires that these fore us today provides these troops, whatever you need, we will pro- brave men and women pay taxes on the servicemembers relief from the 10 per- vide. Well, it took the President and money they withdraw. This means that cent penalty normally imposed on indi- the Pentagon one full year, from a reservist in the 25 percent tax brack- viduals making early withdrawals from March, when the war started, until et would have to withdraw $10,000 from those accounts. This relief is impor- March of this year, to ensure that all his own IRA in order to meet expenses tant, and I am pleased to support it as of our Guardsmen and all of our Re- of $7,500. a first step. servists had body armor to keep them Instead of considering serious and Curiously, the bill does not take the safe, and now we have Guardsmen and substantive Democratic proposals to next logical step, the next important Reservists driving around in Iraq in help those who risk their lives for all step. While H.R. 1779 would permit the Humvees that are not armored. They Americans, the leadership of this individual to recontribute the money are getting their limbs blown off, and House continues to adopt grandly ti- to the retirement plan, the bill elimi- they are losing their lives by driving tled legislation which does little or nates any tax benefit for the recon- over these roadside bombs in nothing. At the same time, the Repub- tribution. As a result, individuals mak- unarmored Humvees. lican leadership continues to press for ing those recontributions could ulti- The only company that has a sole- the top White House domestic priority, mately face double taxation. They paid source contract to provide these ar- another tax cut for the wealthiest regular income tax on the initial dis- mored Humvees for our military is in Americans. tribution; they would have to pay reg- the State of Ohio. The vice president of Where is the shared sacrifice? Where ular income tax on the final distribu- that company came to my office and is the effort to balance what all Ameri- tion. said, Congressman, we can produce up cans are being asked to sacrifice as we Madam Speaker, I am pleased today to 500 of these armored Humvees per fight the war on terrorism? Tax cuts to support H.R. 1779, but only as a first month, but the Pentagon is only ask- for the wealthiest Americans, minute step. These folks are risking their ing for 220. waivers of fees on early withdrawals lives. Let us not force them to risk the We are doing something for our Re- for soldiers fighting and dying in Iraq financial security of their family. servists and our National Guard per- and Afghanistan. Mr. RANGEL. Madam Speaker, I sons, but what we ought to be doing is yield 1 minute to the gentleman from providing them with life-saving equip- b 1200 Maine (Mr. MICHAUD), a member of the ment, and the President and the Pen- I cannot understand how the leader- Committee on Veterans’ Affairs. tagon and this Congress is failing to do ship of this House can shamelessly Mr. MICHAUD. Madam Speaker, I that today. bring this tepid legislation to the floor thank the gentleman for yielding me Mr. SHAW. Madam Speaker, I yield and claim it benefits members of the time. myself such time as I may consume. Reserves and National Guard. Madam Speaker, yesterday I learned Madam Speaker, I have to rise at this Months ago, Madam Speaker, I intro- that one member of the 133rd Engineer- particular point. This is a bill that duced H.R. 1345, bipartisan legislation ing Battalion from my State of Maine gives a single benefit to our wonderful supported by 80 Members of this body, was killed and four were seriously men and women serving us in combat. that would provide real relief to the wounded when serving their country in This is not the end of the legislation. more than 40 percent of the National Iraq. My thoughts and prayers are with This is not the only bill. This is not Guard and Reserves who suffer serious these soldiers and their families. enough to do for these service men and financial hardship when they are acti- Unfortunately, sacrifices like these women. Nobody up here is claiming vated to serve our Nation. There are make it very clear that the Guard and that. currently 170,000 Reservists and Na- Reserve face the same grave dangers as This has nothing to do with body tional Guardsmen activated to fight other military personnel. They are an armor, it has nothing to do with the war on terrorism, which means essential part of our total fighting Humvees, it has nothing to do with that 70,000 of them are attempting to force, and they deserve the best our equipment. Those are things that are get by on drastically reduced salaries. country can give. being addressed in another committee, Madam Speaker, the time has come I believe this bill before us today is a and should be addressed. I cannot dis- to provide real assistance to these fam- good first step in the right direction, agree with what is being said, but this ilies. I challenge the Republican major- but there is still so much more we is not the forum in which to make ity in this House to take meaningful should be doing for our soldiers and these types of allegations. action that will truly benefit the sol- their families. Instead of simply allow- This is a very good step forward, and diers in our Reserve and National ing them to pull out their retirement this is supposed to be one of the un- Guard units. It is time to stop playing money early to help pay the bills, we usual bipartisan moments we would

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE April 21, 2004 CONGRESSIONAL RECORD — HOUSE H2221 have in this body. I really am very dis- you would want to present so that we Madam Speaker, I spent 26 years in appointed that we are getting so much in a bipartisan way can present this. the National Guard. I know what some negative debate on something that is, It is no profile in courage for us to of these people in the Guard and Re- hey, not enough, but we are going to say you are now able to borrow money serve are going through. It is of little move it forward. from your pension funds and have it use, I think, for us to claim that we are Madam Speaker, it is my privilege to penalty-free, penalty-free, penalty-free. giving a benefit to people when all we yield such time as he may consume to Eighty-eight of the 704 people killed in are saying to them is you can spend the gentleman from South Carolina action are Reservists and National your own retirement money without (Mr. BARRETT), the coauthor of this Guard. Their families know that we penalty. legislation. have about 25,000 civilians over there That is a really pathetic gesture to Mr. BARRETT of South Carolina. that really get better benefits than people who are the only people in the Madam Speaker, I rise today to sup- they are getting. country, active duty, Guard and Re- port H.R. 1779, the Guardsmen and Re- So we are only using this as a vehicle servists and their families, the only servists Financial Relief Act of 2003. to offer you the opportunity to join in people in this country who have been We live in a different world than we a bipartisan way with a package that asked to sacrifice anything, anything did 3 years ago. We now know our bor- should sweep the patriotism of this whatsoever. The rest of us, people my ders are not secure, the oceans no House and to really say we are not re- age, I am now retired from the Na- longer protect us from the rest of the membering you in our prayers, but we tional Guard, are told, you take a tax world. Enemies in the past needed are remembering you in the pocket- cut. great armies, great industrial capac- book where these people are suffering. We send thousands of young people to ities and so many other things to en- Madam Speaker, I yield one minute Iraq and all over the world. ‘‘We will danger America. Now terrorists are or- to the distinguished gentleman from make any sacrifice.’’ No, we are not ganized to penetrate open societies and California (Mr. GEORGE MILLER) making any sacrifice. They are. We are turn the power of modern technologies (Mr. GEORGE MILLER of California told to go shop and take a tax cut to against us. asked and was given permission to re- help the economy. They are the ones To defeat this, we must and will use vise and extend his remarks.) that are making the sacrifice, and it is every tool available to us: better home- Mr. GEORGE MILLER of California. a shame that this is all we can do. land defense, law enforcement, intel- Madam Speaker, we are going to sup- The SPEAKER pro tempore (Mrs. ligence and vigorous efforts to cut off port this legislation, but let us under- BIGGERT). The gentleman from New terrorist financing and military power. stand something: this legislation is a York (Mr. RANGEL) has 1 minute re- There is no doubt that our National monumental insult to our maining, and the gentleman from Flor- Guardsmen and Reservists have been Guardspeople and our soldiers. ida (Mr. SHAW) has 11 minutes remain- an integral part of our military power What we are telling them is we ining. Mr. RANGEL. Madam Speaker, I since September 11. The members and vaded Iraq, and now they have to invade their savings, that they have to yield myself the balance of my time. their families have sacrificed so much Madam Speaker, because I am con- invade their retirement plans and their over the past 2 years. That is why I am cerned about the feelings of the gen- savings to subsidize this war effort. Be- proud to have worked very closely with tleman from Florida, and not believing cause their families are under serious the gentleman from Colorado (Mr. that we can move forward on this in a economic stress to keep from losing BEAUPREZ) to come up with a way to bipartisan way, I am going to make an their home or losing their car or de- ease the financial burdens placed on offer that I do not believe that he can faulting on a loan, they must now in- our Guardsmen and Reservists families refuse, and that is we have agreed that vade their savings, contrary to every while they serve their country. this would be a very small step in H.R. 1779 will allow military Reserv- bit of piece of advice that they get doing what we as Americans, we as ists and National Guardsmen to make from Merrill Lynch, from Goldman Members of Congress would want to do. penalty-free withdrawals, listen to me Sachs and everybody else about how now, penalty-free withdrawals, from you build a retirement account, that b 1215 their IRAs if they have been called for you do not invade it. We Democrats have a lot of ideas. We an extended duty time of more than 179 Many of these people do not have in- have a committee that is working on days. Reservists and Guardsmen will comes that will allow them to restore how we can best support our troops, then be able to repay these with- the savings that they take out of here. National Guard, reservists and active. drawals, penalty free, penalty free, So they are getting penalized. They are If his office would work with my office within 2 years after the end of their getting penalized by destroying their with the ideas that they have, maybe duty. long-term retirement future to sub- we can come together with a meaning- It is my hope that this legislation sidize this war because we could not ful, a real meaningful, support bill to will give some relief to the families come up with a plan, this administra- show how much we appreciate the ex- who sacrifice day to day. You have tion, to get them out of Iraq on time or traordinary commitment that these seen them, and I have seen them. They to give them notice about how long men and women are making. are in everybody’s district. they were going to spend there so their And so perhaps once a week I will We want to help them to ensure our families could make adjustments. come to the floor and call upon my national security so we can defend our What these sailors and soldiers and friend, the gentleman from Florida, freedom. H.R. 1779 is just one way our Marines need is they need some addi- cannot we collectively do something so Nation can thank them for what they tional pay. They need interest-free that we are not criticizing the min- do, each and every one of them every loans. They do not need to invade their imum we do, but we be supporting the day. My thoughts and prayers remain savings to subsidize this war. It is an maximum that fiscally we can. with those who stand in harm’s way, outrageous thing that we would do this Mr. SHAW. Madam Speaker, I yield and may God bless each and every one to these individuals, because so many myself such time as I may consume. of them. of them are not going to be able to pay Madam Speaker, I will say to my Mr. RANGEL. Madam Speaker, I this money back. good friend the gentleman from New yield myself such time as I may con- Mr. RANGEL. Madam Speaker, I York (Mr. RANGEL) that any time he sume. yield 1 minute to the gentleman from wants to meet with me, I would be de- Madam Speaker, let me take this op- Tennessee (Mr. TANNER), a member of lighted to meet with him. Unfortu- portunity to disagree in the most the Committee on Ways and Means nately, most of the problems that we friendly way with the gentleman from (Mr. TANNER asked and was given have been hearing are in the Com- Florida. This is the time for us to show permission to revise and extend his re- mittee on Armed Services where, I our support for our Reservists and Na- marks.) might say, that that committee has a tional Guard. This is the time for us to Mr. TANNER. Madam Speaker, I lot of good bipartisan effort within give you on the other side of the aisle thank the gentleman for yielding me that committee. But I would be dean opportunity to show what package time. lighted to share any ideas that I might

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE H2222 CONGRESSIONAL RECORD — HOUSE April 21, 2004 have or that the gentleman from New So I hope we can get the cooperation may have 5 legislative days within York (Mr. RANGEL) might have includ- of both sides of the aisle in crafting a which to revise and extend their re- ing one that was spoken of earlier by package for the upcoming mark of the marks and to include extraneous mate- the gentleman from California, and defense authorization bill which will rial on the subject of this bill. that is interest-free loans. address many areas here where things The SPEAKER pro tempore (Mrs. Madam Speaker, I yield 2 minutes to can be done positively that go far be- BIGGERT). Is there objection to the re- the gentleman from Nevada (Mr. GIB- yond this bill. quest of the gentleman from Florida? BONS). Mr. SHAW. Madam Speaker, I yield There was no objection. Mr. GIBBONS. Madam Speaker, I rise myself such time as I may consume. Mr. STARK. Madam Speaker, I am in sup- today in strong support of the Guards- Madam Speaker, I say to the gen- port of the Guardsman and Reservists Finan- man and Reservists Financial Relief tleman from South Carolina (Mr. cial Relief Act. Act of 2003. SPRATT) that I agree with him more The courageous Americans serving in First let me commend all of our fine than I disagree with him. I think he harms way should not be forced to suffer for troops at home and abroad for their ef- puts a nice positive spin on the closing their services through unnecessary financial forts in the war on terrorism. I want side on the minority side. Yes, we are hardship. This legislation would allow mem- them to know that America supports not doing enough, but I think now bers of the National Guard and Reserves de- their unyielding commitment in pro- every 2 years we go through this. ployed in extended duty in Iraq and elsewhere tecting our country from the constant This bill which this body is going to the opportunity to borrow against their 301(k) threat of terror. The terrorists will overwhelmingly support, and I am plans and retirement savings to make ends never let up in their pursuit to create going to ask for a recorded vote, it has meet. devastation and chaos all at the cost of been called the height of hypocrisy, it This bill may give reservists more flexibility innocent civilians, and their lives, of has been called a sham, an insult. One to meet financial pressures. But President course. And we cannot afford to lose of the speakers said it was pathetic. Bush and Republicans in Congress can—and Let me come back to Earth here and this war, and we must remain stead- must—do more for our troops who are making go through exactly what this bill does fast. sacrifices on our behalf. They deserve better do. I think this is very important. Gen- Madam Speaker, there is no doubt pay and better health care and benefits for erally distributions from IRAs or pen- that through this difficult and dan- their families. sion plans are subject to 10 percent gerous struggle, our National Guards- Several thousands reservists who were on early withdrawal penalty if made be- men and military reservists have con- the verge of coming home from Iraq recently fore the age of 591⁄2. And there are some tinued to serve our Nation with honor had their stay extended. By next month, the exceptions right now that are in the and distinction. The President and this law, such as distributions made for cat- Pentagon expects reservists to make up 40 Nation have called upon these brave astrophic medical expenses or first- percent of the total force employed there. In men and women to help win this war, time home purchases. I think there is fact, more than 325,000 Guardsmen and re- and they have answered. also an exemption on educational servists have been activated since September Guard and reservists oftentimes funds. 11, many taking a pay cut when called to ac- leave behind not only their friends and What this bill simply does, and I tive duty. family, but their private sector jobs. In compliment the authors of this bill, it With the bill before us today, reservists doing so they may face a drastic cut in would waive the 10 percent early with- aren’t getting additional pay to help support pay, placing their families in financial drawal penalty for military reservists themselves and their families. They’re just hardship. and National Guardsmen who are being allowed to borrow against their retire- While our reservists are fighting to called into Active Duty for more than ment without a penalty—as if having to pay protect the American way of life, fac- 179 days. Amounts withdrawn could be back their lost retirement savings later being daily threats from radical insur- repaid on an after-tax basis to an IRA cause of lost wages isn’t penalty enough. gents and terrorists abroad, here in within 2 years after leaving Active It is important to remember that most people Congress we must stand up and fight Duty status. The bill would apply to who’ve joined the Guard and the Reserves for those heroes here at home. individuals called into duty after Sep- never signed up expecting to be deployed on Madam Speaker, this is why I am a tember 11, 2001, and before September extended tours of duty. Yet, they have accept- strong advocate for this legislation. 12, 2005. ed that responsibility and served courageously H.R. 1779 will help the families of these The Joint Committee on Taxation es- in Iraq. But, let us not forget our reservists are reservists and guardsmen pay their timates that this bill would reduce rev- still bearing the consequences. bills while they continue to serve this enue to the Federal Government by ap- Many families of Guard and Reserve troops country. I ask Congress to do the right proximately $4 million over 10 years. have had to cope with lost income since their thing today, pass this important bill That is not, in the total scheme of civilian salaries are suspended while they are for the brave men and women who sac- things in this Federal Government, on active duty. The military pay for most re- rificed so much for our safety and secu- that is not a lot of money. The gen- servists is often far lower than their civilian job rity so that we can win this war. tleman from South Carolina (Mr. forcing many families to work overtime, use Mr. SHAW. Madam Speaker, I yield 1 SPRATT) knows this well. He is the their savings or even go on welfare. minute to the gentleman from South ranking member on the Committee on Rather than putting it on reservists to make Carolina (Mr. SPRATT). the Budget and an expert on the minor- up for this lost pay, Congress ought to pass Mr. SPRATT. Madam Speaker, there ity side in this area. the Equity for Reservists Pay Act, legislation I is nothing wrong with this bill as far as It is the least we can do. Is it support to require federal agencies to pay em- it goes. What we are trying to argue enough? No. Are we requiring people to ployees the difference between their civilian here is we need to go further, particu- take the money out of their IRAs? No. and military wages while they are on active larly at this point in time. The gen- We are simply laying down another duty. Congress ought also extend military pay tleman mentioned the Committee on tool by which these families can help raises. We ought to extend the child tax credit Armed Services. When we had the last themselves. There are already many to low-income families of those serving in Iraq supplemental appropriation on the things that are in the law that protect or Afghanistan. floor, $87 billion, I offered a package of our men and women who are called Although I support this legislation, Repub- benefits that went to family assist- upon to serve. But are there enough licans have sadly missed the mark today. This ance, family separation pay, imminent things? Shall we continue to look for just doesn’t repay our troops for their service. danger pay, Tricare for reservists, a additional things? Of course we should. But, I’m not surprised considering that Presi- number of different things that we We owe them so very much. We can dent Bush wants to cut imminent danger pay could and probably will have to do be- never repay the risks that they are and separation allowances, putting our troops cause of recruitment and retention taking, the sacrifices that they and further in the hole. problems that we will face down the their families are making. I urge my colleagues to pass this legislation road, but should do out of gratitude for GENERAL LEAVE today. But this should not be the last step this our troops and particularly our Re- Mr. SHAW. Madam Speaker, I ask Congress takes to help those brave Ameri- serve and Guard components. unanimous consent that all Members cans who continue to sacrifice for our nation.

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 4634 Sfmt 9920 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE April 21, 2004 CONGRESSIONAL RECORD — HOUSE H2223 Mr. SPRATT. Madam Speaker, H.R. 1779 the world’s greatest military. Rather than sim- counterparts in often difficult and dangerous amends the Internal Revenue Code of 1986 to ply removing the 10 percent penalty for early conditions. allow penalty-free retirement account with- retirement account withdrawal, I urge my col- Over the past year, I have had the oppor- drawals for national guardsmen and reservists leagues to support a permanent increase in tunity to meet with many National Guard and called to active duty for an extended, and fur- imminent danger pay and the family separa- Reserve members and families from Wis- ther authorizes a 2-year period to reimburse tion allowance, provide adequate funding to in- consin who have been called up in support of their accounts up to the amount withdrawn. I clude reservists in TRICARE, eliminate the operations Enduring Freedom in Afghanistan think you would be hard pressed to find a SBP widow’s tax, and raise or eliminate the and Operation Iraqi Freedom in Iraq. Members Member of Congress who opposes this low MHPI spending cap. of the 229th Engineer Company out of Prairie cost bill to benefit our troops. My only question H.R. 1779 is a low cost morale booster for du Chien and Platteville, the 829th Engineer is: Shouldn’t we do more? The answer is our troops in the field, and I urge its passage Detachment out of Richland Center, and the clearly yes. I agree in spirit with this bill, but today. However, the mere fact that we are 652d Engineer Company out of Ellsworth all when I compare it with what the troops truly considering this measure highlights a bigger recently returned from yearlong deployments deserve, I’m reminded of the commercial, and more lasting problem for our troops. Mr. in Iraq. Their sacrifices, and those of their ‘‘Where’s the beef?’’ come up short. The mere Speaker, I will vote yes on this bill, but I urge families, are greatly appreciated by Wisconsin fact that we are considering legislation that al- my colleagues, especially the Republican Ma- residents. lows guardsmen and reservists to withdraw jority to follow up H.R. 1779 with the more With many Guard and Reserve members funds from their retirement accounts indicates meaningful and substantive legislation I have taking large pay cuts when called to active the problem. A solution for this problem must outlined, which is specifically spelled out in the duty, it is proper that Congress act to relieve include more ‘‘beef’’ than simply allowing our ‘‘Military Benefits Proposal,’’ which I am at- this additional burden. The legislation before service members to borrow from their long taching and submitting for the RECORD. This us today helps by allowing activated Guard term savings to meet their short term obliga- list contains benefits I proposed when the $87 and Reserve members to withdraw money tions. A true solution lies in the form of better billion Supplemental Appropriation was offered from retirement accounts without penalty. benefits. last year. Unfortunately, the Rules Committee While this legislation assists those Guard Our troops, both active and reserve need did not make my proposal in order as an and Reserve members and families who need and deserve better family separation and im- amendment. I intend to offer many of these financial assistance to make ends meet, it is minent danger pay. Reservists serving in Af- benefits again when the Defense Authorization only a minor step. I, along with many other ghanistan and Iraq need TRICARE military Bill is marked up in Committee and considered members of Congress, support additional tax health coverage. Retirees deserve better sur- here on the floor. relief for military families, pay increases for vivor benefits for military widows and our mili- MILITARY BENEFITS PROPOSALS certain personnel, health care improvements, tary families deserve better housing. Hostile Fire/Imminent Danger Pay: Makes and reenlistment bonuses for members of the Recent events in Afghanistan and Iraq high- increase from $225 per month to $250 per Reserve Component. light the perils of war. In the FY03 Emergency month permanent. Our military commitments in Iraq and Supplemental Appropriations bill, imminent Family Separation Allowance: Makes in- throughout the world are not likely to diminish danger pay, additional compensation provided crease to $250 per month permanent. in the near future, and the Defense Depart- to servicemen and women in combat zones, Hardship Duty Pay: Increases from $300 per ment expects Guard and Reserve units to was raised to $225 from $150 a month. The month to up to $600 per month during make up about 40 percent of our total force in family separation allowance, which goes to FY2004. Eliminate Out-of-Pocket Housing Costs: Iraq by May 1, 2004. With this in mind, we help military families pay rent, child care or Accelerates from 2005 to 2004 the final year of need to do all we can to support the men and other expenses while service members are the bipartisan effort to increase the Basic women of the Guard and Reserve who are away, was raised from $100 to $250 a month. Allowance for Housing to completely cover called to active duty and their families. Congress should act now to make these in- average out-of-pocket housing costs for mili- My thoughts and prayers are with those creases permanent. This will show our troops tary families living off base. serving our country overseas, as well as their that we are aware of the hardships they face Family Assistance Centers: Provides $48 families. America is firmly behind our troops, not only in the field, but also at home. million for increased demand on family as- and we are all hoping to see them home safe, sistance centers for National Guard and Re- The Supplemental Appropriations bill also secure and soon. provided limited and temporary TRICARE ben- serve to assist with problems related to increased deployments. May God continue to bless the United efits for Reservists. It stopped short of pro- Transition Assistance for Disabled States of America. viding expanded health care benefits to mem- Servicemembers: Provides $50 million to en- Mr. SHAW. Madam Speaker, I yield bers of the selected reserve and certain mem- hance DOD–VA transition programs for dis- back the balance of my time. bers of the Individual Ready Reserve and their abled servicemembers. The SPEAKER pro tempore. The families. Deployment Notification to Reservists: Di- question is on the motion offered by Representative JEFF MILLER’s bill to end the rects DOD to provide maximum advance no- the gentleman from Florida (Mr. SHAW) survivor Benefit Plan (SBP) widow’s tax has tice to mobilized Guard and Reserve per- that the House suspend the rules and 303 co-sponsors, but may never make it to the sonnel on the timing and duration of their duty. pass the bill, H.R. 1779. floor for a vote. Congress should act on this Small Business Loans for Reservists: Pro- The question was taken. important legislation. vides $25 million for loans or loan guarantees The SPEAKER pro tempore. In the We have thousands of service members for reservists whose small businesses have opinion of the Chair, two-thirds of and their families living in substandard hous- been disrupted by their mobilization. those present have voted in the affirm- ing. The Military Housing Privatization Initiative Vocation Development for Reservists: Pro- ative. (MHPI) was passed to remedy this injustice. A vides $25 million for SBA grants for voca- Mr. SHAW. Madam Speaker, on that spending cap was set as a safeguard. We an- tional or technical training for reserve- I demand the yeas and nays. ticipate reaching the spending cap by Novem- owned small businesses. The yeas and nays were ordered. ber 2004, and the problem has not been Mr. KIND. Madam Speaker, I rise in support The SPEAKER pro tempore. Pursu- solved. We must raise or eliminate this cap in of this legislation, H.R. 1779, the Guardsmen ant to clause 8 of rule XX and the order to continue this necessary program. and Reservists Financial Relief Act, which will Chair’s prior announcement, further Instead of rewarding our troops and retirees allow members of the National Guard and mili- proceedings on this motion will be with tangible benefits, the legislation we are tary Reserve forces to make penalty free with- postponed. debating today simply permits select Reserve drawals from retirement accounts if they are f Component members to borrow their own called to active duty for an extended period of money in the short term at the expense of time. ANNOUNCEMENT BY THE SPEAKER their long term goal of a comfortable retire- Our National Guard and reserve forces are PRO TEMPORE ment. While H.R. 1779 allows a two year pe- playing a leading role in our operations The SPEAKER pro tempore. Pursu- riod to replace the withdrawn funds, I am abroad. Nationwide, over 325,000 members of ant to clause 8 of rule XX, proceedings doubtful that a financial strain that would re- the Guard and reserve have been called up to will resume on motions to suspend the quire tapping one’s retirement savings would active duty since September 11, 2001. Serving rules previously postponed. Votes will permit complete reimbursement within 2 years. in Iraq and elsewhere, these service members be taken in the following order: We can do better for the men and women of have fought side-by-side with their Active Duty H.R. 3970, by the yeas and nays;

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE H2224 CONGRESSIONAL RECORD — HOUSE April 21, 2004 H.R. 4030, by the yeas and nays; Johnson (IL) Moran (KS) Scott (GA) b 1250 H.R. 3147, by the yeas and nays; Johnson, E. B. Moran (VA) Scott (VA) Johnson, Sam Murphy Sensenbrenner Mr. TANCREDO, Mrs. MUSGRAVE, H.R. 4019, by the yeas and nays; Jones (OH) Murtha Serrano Mr. EVERETT, Mrs. CUBIN, and H.R. 1779, by the yeas and nays. Kanjorski Myrick Sessions Messrs. PENCE, MILLER of Florida Kaptur Nadler The first electronic vote will be con- Shadegg and OTTER changed their vote from ducted as a 15-minute vote. Remaining Keller Napolitano Shaw Kelly Neal (MA) Shays ‘‘yea’’ to ‘‘nay.’’ electronic votes will be conducted as 5- Kennedy (MN) Nethercutt Sherman So (two-thirds having voted in favor minute votes. Kennedy (RI) Neugebauer Sherwood thereof) the rules were suspended and Kildee Ney Shimkus f Kilpatrick Northup Shuster the bill, as amended, was passed. Kind Norwood Simmons The result of the vote was announced GREEN CHEMISTRY RESEARCH King (IA) Nunes Simpson as above recorded. King (NY) Nussle AND DEVELOPMENT ACT OF 2004 Skelton A motion to reconsider was laid on Kirk Oberstar Slaughter The SPEAKER pro tempore. The Kleczka Obey Smith (MI) the table. Kline Olver Smith (NJ) pending business is the question of sus- Knollenberg Ortiz f Smith (TX) pending the rules and passing the bill, Kolbe Osborne Smith (WA) Kucinich Ose ANNOUNCEMENT BY THE SPEAKER H.R. 3970, as amended. Snyder LaHood Owens PRO TEMPORE The Clerk read the title of the bill. Solis Lampson Oxley The SPEAKER pro tempore. The Langevin Pallone Souder The SPEAKER pro tempore. Pursu- question is on the motion offered by Lantos Pascrell Spratt ant to clause 8 of rule XX, the remain- the gentleman from Georgia (Mr. Larsen (WA) Pastor Stark der of this series will be conducted as 5- Larson (CT) Payne Stearns GINGREY) that the House suspend the Latham Pearce Stenholm minute votes. Strickland rules and pass the bill, H.R. 3970, as LaTourette Pelosi f amended, on which the yeas and nays Leach Peterson (MN) Stupak are ordered. Lee Peterson (PA) Sullivan CONGRESSIONAL MEDAL FOR OUT- Levin Petri Sweeney The vote was taken by electronic de- Lewis (CA) Pickering Tanner STANDING CONTRIBUTIONS IN vice, and there were—yeas 402, nays 14, Lewis (GA) Pitts Tauscher MATH AND SCIENCE EDUCATION not voting 17, as follows: Linder Platts Taylor (MS) ACT OF 2004 Lipinski Pombo Taylor (NC) [Roll No. 121] LoBiondo Pomeroy Terry The SPEAKER pro tempore (Mrs. YEAS—402 Lofgren Porter Thomas BIGGERT). The pending business is the Lowey Portman Thompson (CA) Abercrombie Capuano Fattah question of suspending the rules and Lucas (KY) Price (NC) Thompson (MS) Ackerman Cardin Feeney Lucas (OK) Pryce (OH) Thornberry passing the bill, H.R. 4030, as amended. Aderholt Cardoza Ferguson Lynch Putnam Tiahrt The Clerk read the title of the bill. Akin Carson (IN) Filner Majette Radanovich Tiberi Alexander Carson (OK) Foley The SPEAKER pro tempore. The Maloney Rahall Allen Carter Forbes Tierney Manzullo Ramstad question is on the motion offered by Andrews Case Ford Towns Markey Rangel the gentleman from Michigan (Mr. Baca Castle Fossella Turner (OH) Marshall Regula Bachus Chabot Frank (MA) Turner (TX) SMITH) that the House suspend the Matheson Rehberg Baird Chandler Franks (AZ) Udall (CO) rules and pass the bill, H.R. 4030, as Matsui Renzi Baker Chocola Frost Udall (NM) McCarthy (MO) Reyes amended, on which the yeas and nays Baldwin Clay Gallegly Upton McCarthy (NY) Reynolds are ordered. Ballance Clyburn Garrett (NJ) Van Hollen McCollum Rodriguez Ballenger Coble Gerlach Visclosky This will be a 5-minute vote. McCotter Rogers (AL) Barrett (SC) Cole Gibbons Vitter McCrery Rogers (KY) The vote was taken by electronic de- Bartlett (MD) Collins Gilchrest Walden (OR) McDermott Rogers (MI) vice, and there were—yeas 411, nays 7, Barton (TX) Conyers Gillmor Walsh McGovern Rohrabacher Bass Cooper Gingrey Wamp not voting 15, as follows: McHugh Ross Beauprez Costello Gonzalez Waters McInnis Rothman Roll No. 122] Becerra Cox Goode Watson McIntyre Roybal-Allard YEAS—411 Bell Cramer Goodlatte McKeon Royce Watt Bereuter Crane Gordon Abercrombie Boucher Cox McNulty Ruppersberger Waxman Berkley Crenshaw Goss Ackerman Boyd Cramer Meehan Rush Weiner Berman Crowley Granger Aderholt Bradley (NH) Crane Meek (FL) Ryan (OH) Weldon (FL) Berry Culberson Graves Akin Brady (PA) Crenshaw Meeks (NY) Ryan (WI) Weldon (PA) Biggert Cummings Green (TX) Alexander Brady (TX) Crowley Menendez Ryun (KS) Wexler Bilirakis Cunningham Green (WI) Allen Brown (OH) Cubin Mica Sabo Whitfield Bishop (GA) Davis (AL) Grijalva Andrews Brown (SC) Culberson Michaud Sa´ nchez, Linda Wicker Bishop (NY) Davis (CA) Gutierrez Baca Brown, Corrine Cummings Millender- T. Wilson (NM) Bishop (UT) Davis (FL) Gutknecht Bachus Brown-Waite, Cunningham McDonald Sanchez, Loretta Wilson (SC) Blackburn Davis (IL) Hall Baird Ginny Davis (AL) Miller (MI) Sanders Wolf Blumenauer Davis (TN) Harman Baker Burgess Davis (CA) Miller (NC) Sandlin Woolsey Blunt Davis, Tom Hart Baldwin Burns Davis (FL) Miller, Gary Saxton Wu Boehlert Deal (GA) Hastings (WA) Ballance Burr Davis (IL) Miller, George Schakowsky Wynn Boehner DeFazio Hayes Ballenger Burton (IN) Davis (TN) Mollohan Schiff Young (AK) Bonilla DeGette Hayworth Barrett (SC) Buyer Davis, Jo Ann Moore Schrock Young (FL) Bonner Delahunt Hefley Bartlett (MD) Calvert Davis, Tom Bono DeLauro Herger Barton (TX) Camp Deal (GA) Boozman DeLay Hill NAYS—14 Bass Cannon DeFazio Boswell DeMint Hinchey Cubin Hensarling Otter Beauprez Cantor DeGette Boucher Deutsch Hinojosa Davis, Jo Ann Hostettler Paul Becerra Capito Delahunt Boyd Diaz-Balart, L. Hobson Duncan Jones (NC) Pence Bell Capps DeLauro Bradley (NH) Diaz-Balart, M. Hoekstra Everett Miller (FL) Tancredo Bereuter Capuano DeLay Brady (PA) Dicks Holden Flake Musgrave Berkley Cardin DeMint Brady (TX) Dingell Holt Berman Cardoza Deutsch Brown (OH) Doggett Honda NOT VOTING—17 Berry Carson (IN) Diaz-Balart, L. Brown (SC) Dooley (CA) Hooley (OR) Biggert Carson (OK) Diaz-Balart, M. Brown, Corrine Doolittle Houghton Frelinghuysen Hulshof Ros-Lehtinen Bilirakis Carter Dicks Brown-Waite, Doyle Hoyer Gephardt Jefferson Tauzin Bishop (GA) Case Dingell Ginny Dreier Hunter Greenwood John Toomey Bishop (NY) Castle Doggett Burgess Dunn Hyde Harris Kingston Vela´ zquez Bishop (UT) Chabot Dooley (CA) Burns Edwards Inslee Hastings (FL) Lewis (KY) Weller Blackburn Chandler Doolittle Burr Ehlers Isakson Hoeffel Quinn Blumenauer Chocola Doyle Burton (IN) Emanuel Israel Blunt Clay Dreier Buyer Emerson Issa ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Boehlert Clyburn Duncan Calvert Engel Istook Boehner Coble Dunn Camp English Jackson (IL) The SPEAKER pro tempore (Mrs. Bonilla Cole Edwards Cannon Eshoo Jackson-Lee BIGGERT) (during the vote). Members Bonner Collins Ehlers Cantor Etheridge (TX) Bono Conyers Emanuel Capito Evans Jenkins are advised that there are 2 minutes re- Boozman Cooper Emerson Capps Farr Johnson (CT) maining in this vote. Boswell Costello Engel

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE April 21, 2004 CONGRESSIONAL RECORD — HOUSE H2225 English Levin Reynolds NAYS—7 Dreier Kolbe Porter Eshoo Lewis (CA) Rodriguez Duncan Kucinich Portman Flake Hoekstra Shadegg Etheridge Lewis (GA) Rogers (AL) Dunn LaHood Price (NC) Franks (AZ) Paul Evans Lewis (KY) Rogers (KY) Edwards Lampson Pryce (OH) Hensarling Pence Everett Linder Rogers (MI) Ehlers Langevin Putnam Farr Lipinski Rohrabacher NOT VOTING—15 Emanuel Lantos Quinn Fattah LoBiondo Ross Emerson Larsen (WA) Radanovich Frelinghuysen Hoeffel Schrock Feeney Lofgren Rothman Engel Larson (CT) Rahall Gephardt Hulshof Tauzin Ferguson Lowey Roybal-Allard English Latham Ramstad Greenwood Jefferson Toomey Filner Lucas (KY) Royce Eshoo LaTourette Rangel Harris Kingston Vela´ zquez Foley Lucas (OK) Ruppersberger Etheridge Leach Regula Hastings (FL) Ros-Lehtinen Weller Forbes Lynch Rush Evans Lee Rehberg Everett Levin Renzi Ford Majette Ryan (OH) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Fossella Maloney Farr Lewis (CA) Reyes Ryan (WI) The SPEAKER pro tempore (during Frank (MA) Manzullo Ryun (KS) Fattah Lewis (GA) Reynolds Frost Markey Sabo the vote). Members are advised that Feeney Lewis (KY) Rodriguez Ferguson Linder Rogers (AL) Gallegly Marshall Sa´ nchez, Linda there are 2 minutes remaining in this Filner Lipinski Rogers (KY) Garrett (NJ) Matheson T. vote. Flake LoBiondo Rogers (MI) Gerlach Matsui Sanchez, Loretta Foley Lofgren Rohrabacher Gibbons McCarthy (MO) Sanders b 1258 Forbes Lowey Ross Gilchrest McCarthy (NY) Sandlin Ford Lucas (KY) Rothman Gillmor McCollum Saxton Mr. PENCE changed his vote from Fossella Lucas (OK) Roybal-Allard Gingrey McCotter Schakowsky Gonzalez McCrery ‘‘yea’’ to ‘‘nay.’’ Frank (MA) Lynch Royce Schiff Franks (AZ) Majette Ruppersberger Goode McDermott Scott (GA) So (two-thirds having voted in favor Goodlatte McGovern thereof) the rules were suspended and Frost Maloney Rush Scott (VA) Gallegly Manzullo Ryan (OH) Gordon McHugh Sensenbrenner the bill, as amended, was passed. Goss McInnis Garrett (NJ) Markey Ryan (WI) Serrano The result of the vote was announced Gerlach Marshall Ryun (KS) Granger McIntyre Sessions Graves McKeon as above recorded. Gibbons Matheson Sabo Shaw ´ Green (TX) McNulty Gilchrest Matsui Sanchez, Linda Shays A motion to reconsider was laid on Gillmor McCarthy (MO) T. Green (WI) Meehan Sherman the table. Gingrey McCarthy (NY) Sanchez, Loretta Grijalva Meek (FL) Sherwood Gonzalez McCollum Sanders Gutierrez Meeks (NY) Shimkus f Goode McCotter Sandlin Gutknecht Menendez Shuster Goodlatte McCrery Saxton Hall Mica Simmons Gordon McDermott Schakowsky Harman Michaud JAMES V HANSEN FEDERAL Simpson Goss McGovern Schiff Hart Millender- BUILDING Skelton Granger McHugh Schrock Hastings (WA) McDonald Slaughter Graves McInnis Scott (GA) Hayes Miller (FL) The SPEAKER pro tempore. The Smith (MI) Green (TX) McIntyre Scott (VA) Hayworth Miller (MI) pending business is the question of sus- Smith (NJ) Green (WI) McKeon Sensenbrenner Hefley Miller (NC) Smith (TX) pending the rules and passing the bill, Grijalva McNulty Serrano Herger Miller, Gary Smith (WA) H.R. 3147, as amended. Gutierrez Meehan Sessions Hill Miller, George Snyder The Clerk read the title of the bill. Gutknecht Meek (FL) Shadegg Hinchey Mollohan Hall Meeks (NY) Shaw Hinojosa Moore Solis The SPEAKER pro tempore. The Souder Harman Menendez Shays Hobson Moran (KS) question is on the motion offered by Hart Mica Sherman Holden Moran (VA) Spratt Stark the gentleman from Ohio (Mr. LATOU- Hastings (WA) Michaud Sherwood Holt Murphy Hayes Millender- Shimkus Honda Murtha Stearns RETTE) that the House suspend the Stenholm Hayworth McDonald Shuster Hooley (OR) Musgrave rules and pass the bill, H.R. 3147, as Hefley Miller (FL) Simmons Hostettler Myrick Strickland Stupak amended, on which the yeas and nays Hensarling Miller (MI) Simpson Houghton Nadler Herger Miller (NC) Skelton Sullivan are ordered. Hoyer Napolitano Hill Miller, Gary Smith (MI) Sweeney Hunter Neal (MA) This will be a 5-minute vote. Hinchey Miller, George Smith (NJ) Tancredo Hyde Nethercutt The vote was taken by electronic de- Hinojosa Mollohan Smith (TX) Tanner Inslee Neugebauer vice, and there were—yeas 418, nays 0, Hobson Moore Smith (WA) Isakson Ney Tauscher not voting 15, as follows: Hoekstra Moran (KS) Snyder Israel Northup Taylor (MS) Holden Moran (VA) Solis Issa Norwood Taylor (NC) [Roll No. 123] Holt Murphy Souder Istook Nunes Terry YEAS—418 Honda Murtha Spratt Jackson (IL) Nussle Thomas Hooley (OR) Musgrave Stark Jackson-Lee Oberstar Thompson (CA) Abercrombie Bono Coble Hostettler Myrick Stearns (TX) Obey Thompson (MS) Ackerman Boozman Cole Houghton Nadler Stenholm Jenkins Olver Thornberry Aderholt Boswell Collins Hoyer Napolitano Strickland John Ortiz Tiahrt Akin Boucher Conyers Hunter Neal (MA) Stupak Johnson (CT) Osborne Tiberi Alexander Boyd Cooper Hyde Nethercutt Sullivan Johnson (IL) Ose Tierney Allen Bradley (NH) Costello Inslee Neugebauer Sweeney Johnson, E. B. Otter Towns Andrews Brady (PA) Cox Isakson Ney Tancredo Johnson, Sam Owens Turner (OH) Baca Brady (TX) Cramer Israel Northup Tanner Jones (NC) Oxley Turner (TX) Bachus Brown (OH) Crane Issa Norwood Tauscher Jones (OH) Pallone Udall (CO) Baird Brown (SC) Crenshaw Istook Nunes Taylor (MS) Kanjorski Pascrell Udall (NM) Baker Brown, Corrine Crowley Jackson (IL) Nussle Taylor (NC) Kaptur Pastor Upton Baldwin Brown-Waite, Cubin Jackson-Lee Oberstar Terry Keller Payne Van Hollen Ballance Ginny Culberson (TX) Obey Thomas Kelly Pearce Visclosky Ballenger Burgess Cummings Jenkins Olver Thompson (CA) Kennedy (MN) Pelosi Vitter Barrett (SC) Burns Cunningham John Ortiz Thompson (MS) Kennedy (RI) Peterson (MN) Walden (OR) Bartlett (MD) Burr Davis (AL) Johnson (CT) Osborne Thornberry Kildee Peterson (PA) Barton (TX) Burton (IN) Davis (CA) Walsh Johnson (IL) Ose Tiahrt Kilpatrick Petri Bass Buyer Davis (FL) Wamp Johnson, E. B. Otter Tiberi Kind Pickering Beauprez Calvert Davis (IL) Waters Johnson, Sam Owens Tierney King (IA) Pitts Becerra Camp Davis (TN) Watson Jones (NC) Oxley Towns King (NY) Platts Bell Cannon Davis, Jo Ann Watt Jones (OH) Pallone Turner (OH) Kirk Pombo Bereuter Cantor Davis, Tom Waxman Kanjorski Pascrell Turner (TX) Kleczka Pomeroy Berkley Capito Deal (GA) Kaptur Pastor Udall (CO) Kline Porter Weiner Berman Capps DeFazio Weldon (FL) Keller Paul Udall (NM) Knollenberg Portman Berry Capuano DeGette Kelly Payne Upton Kolbe Price (NC) Weldon (PA) Biggert Cardin Delahunt Wexler Kennedy (MN) Pearce Van Hollen Kucinich Pryce (OH) Bilirakis Cardoza DeLauro Kennedy (RI) Pelosi Vela´ zquez Whitfield LaHood Putnam Bishop (GA) Carson (IN) DeLay Kildee Pence Visclosky Wicker Lampson Quinn Bishop (NY) Carson (OK) DeMint Kilpatrick Peterson (MN) Vitter Wilson (NM) Langevin Radanovich Bishop (UT) Carter Deutsch Kind Peterson (PA) Walden (OR) Wilson (SC) Lantos Rahall Blackburn Case Diaz-Balart, L. King (IA) Petri Walsh Wolf Larsen (WA) Ramstad Blumenauer Castle Diaz-Balart, M. King (NY) Pickering Wamp Larson (CT) Rangel Woolsey Blunt Chabot Dicks Kirk Pitts Waters Latham Regula Wu Boehlert Chandler Dingell Kleczka Platts Watson LaTourette Rehberg Wynn Boehner Chocola Doggett Kline Pombo Watt Leach Renzi Young (AK) Bonilla Clay Dooley (CA) Knollenberg Pomeroy Waxman Lee Reyes Young (FL) Bonner Clyburn Doyle

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE H2226 CONGRESSIONAL RECORD — HOUSE April 21, 2004 Weiner Wicker Wu Farr Lewis (GA) Rodriguez NOT VOTING—17 Weldon (FL) Wilson (NM) Wynn Fattah Lewis (KY) Rogers (AL) Cannon Harris Radanovich Weldon (PA) Wilson (SC) Young (AK) Ferguson Linder Rogers (KY) Conyers Hastings (FL) Wexler Wolf Filner Lipinski Rogers (MI) Ros-Lehtinen Young (FL) Feeney Hinojosa Whitfield Woolsey Flake LoBiondo Rohrabacher Tauzin Frelinghuysen Hulshof Foley Lofgren Ross Toomey Gephardt Jefferson NOT VOTING—15 Forbes Lowey Rothman Weller Greenwood Kingston Doolittle Hastings (FL) Ros-Lehtinen Ford Lucas (KY) Roybal-Allard Frelinghuysen Hoeffel Slaughter Fossella Lucas (OK) Royce ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Gephardt Hulshof Tauzin Frank (MA) Lynch Ruppersberger Greenwood Jefferson Toomey Franks (AZ) Majette Rush The SPEAKER pro tempore (during Harris Kingston Weller Frost Maloney Ryan (OH) the vote). Members are reminded there Gallegly Manzullo Ryan (WI) are 2 minutes remaining in this vote. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Garrett (NJ) Markey Ryun (KS) The SPEAKER pro tempore (Mrs. Gerlach Marshall Sabo b 1314 BIGGERT) (during the vote). Members Gibbons Matheson Sa´ nchez, Linda Gilchrest Matsui T. So (two-thirds having voted in favor are reminded there are 2 minutes re- Gillmor McCarthy (MO) Sanchez, Loretta thereof) the rules were suspended and maining in this vote. Gingrey McCarthy (NY) Sanders the bill, as amended, was passed. Gonzalez McCollum Sandlin b 1306 Goode McCotter Saxton The result of the vote was announced as above recorded. So (two-thirds having voted in favor Goodlatte McCrery Schakowsky Gordon McDermott Schiff A motion to reconsider was laid on thereof) the rules were suspended and Goss McGovern Schrock the table. the bill, as amended, was passed. Granger McHugh Scott (GA) The result of the vote was announced Graves McInnis Scott (VA) f Green (TX) McIntyre Sensenbrenner as above recorded. Green (WI) McKeon Serrano GUARDSMEN AND RESERVISTS A motion to reconsider was laid on Grijalva McNulty Sessions FINANCIAL RELIEF ACT OF 2003 the table. Gutierrez Meehan Shadegg Gutknecht Meek (FL) Shaw The SPEAKER pro tempore. The f Hall Meeks (NY) Shays pending business is the question of sus- Harman Menendez Sherman pending the rules and passing the bill, PARTICIPATION OF TAIWAN IN Hart Mica Sherwood WORLD HEALTH ORGANIZATION Hastings (WA) Michaud Shimkus H.R. 1779. Hayes Millender- Shuster The Clerk read the title of the bill. The SPEAKER pro tempore. The Hayworth McDonald Simmons The SPEAKER pro tempore. The pending business is the question of sus- Hefley Miller (FL) Simpson question is on the motion offered by pending the rules and passing the bill, Hensarling Miller (MI) Skelton Herger Miller (NC) Slaughter the gentleman from Florida (Mr. SHAW) H.R. 4019, as amended. Hill Miller, Gary Smith (MI) that the House suspend the rules and The Clerk read the title of the bill. Hinchey Miller, George Smith (NJ) pass the bill, H.R. 1779, on which the Hobson Mollohan Smith (TX) The SPEAKER pro tempore. The yeas and nays are ordered. question is on the motion offered by Hoeffel Moore Smith (WA) Hoekstra Moran (KS) Snyder This will be a 5-minute vote. the gentleman from Ohio (Mr. CHABOT) Holden Moran (VA) Solis The vote was taken by electronic de- that the House suspend the rules and Holt Murphy Souder vice, and there were—yeas 415, nays 0, Honda Murtha Spratt pass the bill, H.R. 4019, as amended, on not voting 18, as follows: which the yeas and nays are ordered. Hooley (OR) Musgrave Stark Hostettler Myrick Stearns [Roll No. 125] This will be a 5-minute vote. Houghton Nadler Stenholm YEAS—415 The vote was taken by electronic de- Hoyer Napolitano Strickland vice, and there were—yeas 416, nays 0, Hunter Neal (MA) Stupak Abercrombie Brown, Corrine Davis, Jo Ann Hyde Nethercutt Sullivan Ackerman Brown-Waite, Davis, Tom not voting 17, as follows: Inslee Neugebauer Sweeney Aderholt Ginny Deal (GA) [Roll No. 124] Isakson Ney Tancredo Akin Burgess DeFazio Israel Northup Tanner Alexander Burns DeGette YEAS—416 Issa Norwood Tauscher Allen Burr Delahunt Abercrombie Boyd Crowley Istook Nunes Taylor (MS) Andrews Burton (IN) DeLauro Ackerman Bradley (NH) Cubin Jackson (IL) Nussle Taylor (NC) Baca Buyer DeLay Aderholt Brady (PA) Culberson Jackson-Lee Oberstar Terry Bachus Calvert DeMint Akin Brady (TX) Cummings (TX) Obey Thomas Baird Camp Deutsch Alexander Brown (OH) Cunningham Jenkins Olver Thompson (CA) Baker Cannon Diaz-Balart, L. Allen Brown (SC) Davis (AL) John Ortiz Thompson (MS) Baldwin Cantor Diaz-Balart, M. Andrews Brown, Corrine Davis (CA) Johnson (CT) Osborne Thornberry Ballance Capito Dicks Baca Brown-Waite, Davis (FL) Johnson (IL) Ose Tiahrt Ballenger Capps Dingell Bachus Ginny Davis (IL) Johnson, E. B. Otter Tiberi Barrett (SC) Capuano Doggett Baird Burgess Davis (TN) Johnson, Sam Owens Tierney Bartlett (MD) Cardin Dooley (CA) Baker Burns Davis, Jo Ann Jones (NC) Oxley Towns Barton (TX) Cardoza Doolittle Baldwin Burr Davis, Tom Jones (OH) Pallone Turner (OH) Bass Carson (IN) Doyle Ballance Burton (IN) Deal (GA) Kanjorski Pascrell Turner (TX) Beauprez Carson (OK) Dreier Ballenger Buyer DeFazio Kaptur Pastor Udall (CO) Becerra Carter Duncan Barrett (SC) Calvert DeGette Keller Paul Udall (NM) Bell Case Dunn Bartlett (MD) Camp Delahunt Kelly Payne Upton Bereuter Castle Edwards Barton (TX) Cantor DeLauro Kennedy (MN) Pearce Van Hollen Berkley Chabot Ehlers Bass Capito DeLay Kennedy (RI) Pelosi Vela´ zquez Berman Chandler Emanuel Beauprez Capps DeMint Kildee Pence Visclosky Berry Chocola Emerson Becerra Capuano Deutsch Kilpatrick Peterson (MN) Vitter Biggert Clay Engel Bell Cardin Diaz-Balart, L. Kind Peterson (PA) Walden (OR) Bilirakis Clyburn English Bereuter Cardoza Diaz-Balart, M. King (IA) Petri Walsh Bishop (GA) Coble Eshoo Berkley Carson (IN) Dicks King (NY) Pickering Wamp Bishop (NY) Cole Etheridge Berman Carson (OK) Dingell Kirk Pitts Waters Bishop (UT) Collins Evans Berry Carter Doggett Kleczka Platts Watson Blackburn Conyers Everett Biggert Case Dooley (CA) Kline Pombo Watt Blumenauer Cooper Farr Bilirakis Castle Doolittle Knollenberg Pomeroy Waxman Blunt Costello Fattah Bishop (GA) Chabot Doyle Kolbe Porter Weiner Boehlert Cox Ferguson Bishop (NY) Chandler Dreier Kucinich Portman Weldon (FL) Boehner Cramer Filner Bishop (UT) Chocola Duncan LaHood Price (NC) Weldon (PA) Bonilla Crane Flake Blackburn Clay Dunn Lampson Pryce (OH) Wexler Bonner Crenshaw Foley Blumenauer Clyburn Edwards Langevin Putnam Whitfield Bono Crowley Forbes Blunt Coble Ehlers Lantos Quinn Wicker Boozman Cubin Ford Boehlert Cole Emanuel Larsen (WA) Rahall Wilson (NM) Boswell Culberson Fossella Boehner Collins Emerson Larson (CT) Ramstad Wilson (SC) Boucher Cummings Frank (MA) Bonilla Cooper Engel Latham Rangel Wolf Boyd Cunningham Franks (AZ) Bonner Costello English LaTourette Regula Woolsey Bradley (NH) Davis (AL) Frost Bono Cox Eshoo Leach Rehberg Wu Brady (PA) Davis (CA) Gallegly Boozman Cramer Etheridge Lee Renzi Wynn Brady (TX) Davis (FL) Garrett (NJ) Boswell Crane Evans Levin Reyes Young (AK) Brown (OH) Davis (IL) Gerlach Boucher Crenshaw Everett Lewis (CA) Reynolds Young (FL) Brown (SC) Davis (TN) Gibbons

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE April 21, 2004 CONGRESSIONAL RECORD — HOUSE H2227 Gilchrest Majette Ross Ros-Lehtinen Tauzin Weller There was no objection. Gillmor Maloney Rothman Ruppersberger Toomey Whitfield Gingrey Manzullo Roybal-Allard f ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Gonzalez Markey Royce PLAY THE TAPES Goode Marshall Rush The SPEAKER pro tempore (Mrs. Goodlatte Matheson Ryan (OH) BIGGERT) (during the vote). Members (Mr. MCDERMOTT asked and was Gordon Matsui Ryan (WI) given permission to address the House Goss McCarthy (MO) Ryun (KS) are advised 2 minutes remain in this Granger McCarthy (NY) Sabo vote. for 1 minute and to revise and extend Graves McCollum Sa´ nchez, Linda his remarks.) Green (TX) McCotter T. b 1322 Mr. MCDERMOTT. Madam Speaker, Green (WI) McCrery Sanchez, Loretta So (two-thirds having voted in favor it is time to play the tapes. Members of Grijalva McDermott Sanders the administration seem to be rewrit- Gutierrez McGovern Sandlin thereof) the rules were suspended and Gutknecht McHugh Saxton the bill was passed. ing history. The Secretary of State Hall McInnis Schakowsky The result of the vote was announced does not remember that the President Harman McIntyre Schiff as above recorded. forgot to tell him about the secret run- Hart McKeon Schrock up to the war in Iraq. The Secretary of Hastings (WA) McNulty Scott (GA) A motion to reconsider was laid on Hayes Meehan Scott (VA) the table. War does remember he often says what Hayworth Meek (FL) Sensenbrenner Stated for: Bob Woodward quotes him as saying, Hefley Meeks (NY) Serrano Mr. OTTER. Mr. Speaker, unfortunately I but the Secretary cannot remember Hensarling Menendez Sessions saying at that time. What is a person Herger Mica missed the vote on H.R. 1779 ‘‘Guardsmen Shadegg to do? Hill Michaud Shaw and Reservists Financial Relief.’’ Had I been Hinchey Millender- If the President were faced with this Shays present I would have voted for this bill. Hobson McDonald Sherman predicament, he would consult a higher Hoeffel Miller (FL) Sherwood f Hoekstra Miller (MI) authority. Our higher authority is clos- Shimkus er, and he can speak without the need Holden Miller (NC) Shuster PERSONAL EXPLANATION Holt Miller, Gary of a burning bush. Mike Wallace said Simmons Mr. HINOJOSA. Mr. Speaker on rollcalls No. Honda Miller, George Simpson on ‘‘60 Minutes’’ Sunday night he heard Hooley (OR) Mollohan Skelton 124 and 125, had I been present, I would Hostettler Moore the tapes and read the transcripts for Slaughter have voted ‘‘yea.’’ the book ‘‘Plan of Attack.’’ There is a Houghton Moran (KS) Smith (MI) Hoyer Moran (VA) f Smith (NJ) record. Hunter Murphy Smith (TX) If Mike Wallace can listen to the Hyde Murtha PERSONAL EXPLANATION Smith (WA) tapes, so can we. The House should Inslee Musgrave Snyder Ms. HARRIS of Florida. Mr. Speaker, today, Isakson Myrick have hearings for the American people. Solis Israel Nadler during rollcall vote No. 121 on H.R. 3970, I The secret war is not secret any longer. Souder Issa Napolitano was unavailable for the vote. Had I been Spratt Let Americans decide what the truth Istook Neal (MA) Stark present, I would have voted ‘‘yea.’’ During roll- Jackson (IL) Nethercutt is. Play the tapes in open session. Let Stearns Jackson-Lee Neugebauer call vote No. 122 on H.R. 4030, I was unavail- the truth be heard, not staged. Stenholm (TX) Ney able for the vote. Had I been present, I would f Jenkins Northup Strickland have voted ‘‘yea.’’ John Norwood Stupak THE PRESIDENT’S POLICIES ARE Sullivan During rollcall vote No. 123 on H.R. 3147, I Johnson (CT) Nunes NOT WORKING Johnson (IL) Nussle Sweeney was unavailable for the vote. Had I been Johnson, E. B. Oberstar Tancredo present, I would have voted ‘‘yea.’’ During roll- (Mr. BROWN of Ohio asked and was Johnson, Sam Obey Tanner Tauscher call vote No. 124 on H.R. 4019, I was unavail- given permission to address the House Jones (NC) Olver for 1 minute and to revise and extend Jones (OH) Ortiz Taylor (MS) able for the vote. Had I been present, I would Kanjorski Osborne Taylor (NC) have voted ‘‘yea.’’ his remarks.) Kaptur Ose Terry During rollcall vote No. 125 on H.R. 1779, I Mr. BROWN of Ohio. Madam Speak- Thomas Keller Owens was unavailable for the vote. Had I been er, the numbers are out again. Ohio Kelly Oxley Thompson (CA) Thompson (MS) present, I would have voted ‘‘yea.’’ and most of the rest of the country Kennedy (MN) Pallone continue to lose manufacturing jobs. Kennedy (RI) Pascrell Thornberry f Kildee Pastor Tiahrt One out of six manufacturing jobs in Kilpatrick Paul Tiberi PERSONAL EXPLANATION my State has disappeared since Presi- Kind Payne Tierney dent Bush took office. The President’s King (IA) Pearce Towns Mr. FRELINGHUYSEN. Mr. Speaker, King (NY) Pelosi Turner (OH) Wednesday, April 21, I was in my district in solution and the solution for our gov- Kirk Pence Turner (TX) New Jersey attending services associated with ernment continue to be the same: more Udall (CO) Kleczka Peterson (MN) the funeral of LT John Wroblewski (United tax cuts and trickle-down economics Kline Peterson (PA) Udall (NM) tax cuts for the most privileged in our Knollenberg Petri Upton States Marines) of Jefferson Township. On Kolbe Pickering Van Hollen rollcall No. 121, H.R. 3970—Green Chemistry country with the hope that maybe ´ Kucinich Pitts Velazquez Research and Development, I would have some will trickle down and create jobs. LaHood Platts Visclosky voted ‘‘yea.’’ On rollcall No. 122, H.R. 4030— That has not worked, or more trade Lampson Pombo Vitter agreements like NAFTA which ship Langevin Pomeroy Walden (OR) Congressional Medal for Outstanding Con- jobs overseas, which does not work. Lantos Porter Walsh tributions in Math and Science, I would have Larsen (WA) Portman Wamp The President refuses to extend unem- voted ‘‘yea.’’ Larson (CT) Price (NC) Waters ployment compensation benefits to On rollcall No. 123 H.R. 3147—James V. Latham Pryce (OH) Watson millions of Americans, literally over a LaTourette Putnam Watt Hansen Federal Building Designation, I would million Americans who have had their Leach Quinn Waxman have voted ‘‘yea.’’ On rollcall No. 124 H.R. Lee Rahall Weiner unemployment benefits run out in the Levin Ramstad Weldon (FL) 4019—To address the participation of Taiwan last 4 months; and the President re- Lewis (CA) Rangel Weldon (PA) in the WHO, I would have voted ‘‘yea.’’ On fuses to extend those. Lewis (GA) Regula Wexler rollcall No. 125—H.R. 1779, Guardsmen and Lewis (KY) Rehberg Wicker Madam Speaker, we should extend Linder Renzi Wilson (NM) Reservists Financial Relief Act, I would have unemployment benefits, we should pass Lipinski Reyes Wilson (SC) voted ‘‘yea.’’ employment agreements that create LoBiondo Reynolds Wolf f jobs, and instead of tax cuts for the Lofgren Rodriguez Woolsey Lowey Rogers (AL) Wu REMOVAL OF NAME OF MEMBER wealthy, we should do focused tax cuts Lucas (KY) Rogers (KY) Wynn AS COSPONSOR OF H.R. 4090 that reward those manufacturers that Lucas (OK) Rogers (MI) Young (AK) create jobs in this country. Lynch Rohrabacher Young (FL) Mr. ENGLISH. Madam Speaker, I ask f unanimous consent to have my name NOT VOTING—18 removed as a cosponsor of H.R. 4090. IMPLEMENT SYRIA Feeney Harris Jefferson The SPEAKER pro tempore. Is there ACCOUNTABILITY ACT Frelinghuysen Hastings (FL) Kingston Gephardt Hinojosa Otter objection to the request of the gen- (Mr. ENGEL asked and was given Greenwood Hulshof Radanovich tleman from Pennsylvania? permission to address the House for 1

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE H2228 CONGRESSIONAL RECORD — HOUSE April 21, 2004 minute and to revise and extend his re- there was country that was very much the House of Representatives this marks and include therein extraneous opposed to us who had a history of afternoon a picture from the air base material.) using that type of weapon in an offen- just north of Kirkuk in Iraq. This is a Mr. ENGEL. Madam Speaker, several sive pattern different from any other picture that I did not take. It was months ago now the President signed world leader. So as we debate these taken by a man named Doug Cox, a the Syria Accountability Act, which points now, are we safer now than a man down in my district who is actu- was passed overwhelmingly by this year ago, we would be wise to remem- ally a member of the Corps of Engi- House and the other body. Since that ber what was going on in this body a neers, and he was one of the first time, however, the act has not been im- scant 12 or 13 months ago. groups in there with Operation Restore plemented; and I believe, as do the vast As preparations were made for what Iraqi Oil, or Operation RIO, and he majority of Members in this House and eventually became Operation Iraqi took this picture off the wall of the air the other body believe, that the time is Freedom, I was not in this body when base in Kirkuk, and this was a picture now to slap sanctions on Syria. the vote was taken. I am a newcomer used presumably for training or for Just the other day, the word came to Congress, but certainly I recall dur- whatever purpose by the Republican out from Iraq that Syria was allowing ing the fall of 2002 and during the early Guard generals who were in charge of weaponry to come from Syrian terri- months of my first term when we could the air base there in Kirkuk before we tory into Iraq and guerrillas to come not get the time of day out of Saddam took it over. And it shows an Iraqi gen- from Syrian territory into Iraq to do Hussein unless there was a gun held to tleman standing, looking off across the harm to American troops. Syria has his head. countryside, and we see a depiction of not patrolled its border and has al- As a consequence, the President of the map of the United States of Amer- lowed these anti-U.S. guerrillas to our country, who is now being called to ica. We see a man standing there with come in and kill our troops. task by the 9/11 Commission for not either a cowboy or a pilgrim hat on, Also, the other day in Jordan a plot being aggressive enough, not having and in his heart is the cross hairs of was discovered where poison gas was to enough of a criminal mind ahead of this man’s intellect, and pointed have been released and there was to be time to envision the type of attacks against the United States of America an attack on the U.S. Embassy in brought against this country on Sep- we see an Iraqi tank, we see an Iraqi Amman, Jordan. It was documented tember 11, 2001, our President is being jet, and we see Iraqi missiles. that this gas and these attacks came criticized for not having the ability to There was no question in their mind from Syria across the border into Jor- foretell that kind of unthinkable act what their intent was when they made dan. against our country. But at the same this picture, when they used this pic- Syria is a major sponsor of terrorism. time, as the run-up to Operation Iraqi ture to educate or indoctrinate their Syria illegally continues to occupy Freedom was going on, Iraq was per- troops of the Republican Guard that Lebanon, has a weapons of mass de- ceived as a gathering threat. We knew were stationed at the Kirkuk airfield, struction program, and, as I mentioned in the past they had held weapons of and I simply want to remind my col- before, is allowing its border to be used mass destruction. No one in this House leagues in this body it is our responsi- by terrorists to come into Iraq to do or on the other side of the Capitol seri- bility to question. It is our responsi- harm to U.S. troops. Those are the four ously questioned that. The previous ad- bility to have oversight. But we do things that this bill, the Syria Ac- ministration did not seriously question need to be careful when we cross that countability Act, called on Syria to that, nor did the United Nations seri- line and provide aid and comfort to the end. Syria has not ended, and the ously question that. enemy and give them additional embel- President should implement the sanc- b 1330 lishments to take on the kind of terror tions immediately. that they have done in the country of But at the same time, in order to get f Iraq this past month. just the ability to get the inspectors f SPECIAL ORDERS who had been kicked out in 1998, just The SPEAKER pro tempore. Under the ability to get them back in the COMMUNICATION FROM STAFF the Speaker’s announced policy of Jan- country, we had to put 150,000 troops on MEMBER OF HON. HENRY WAX- uary 7, 2003, and under a previous order the border. When we do that, the clock MAN, MEMBER OF CONGRESS of the House, the following Members starts ticking because in that part of The SPEAKER pro tempore (Mr. will be recognized for 5 minutes each. the world, in order to have a military BURNS) laid before the House the fol- f exercise, we are just not going to be as lowing communication from Kimonia successful if we put off doing that until Alfred, staff member of the Honorable ARE WE SAFER NOW? the summer months. HENRY WAXMAN, Member of Congress: The SPEAKER pro tempore. Under a And I remember very well the talk- CONGRESS OF THE UNITED STATES, previous order of the House, the gen- ing heads and the pundits, before I HOUSE OF REPRESENTATIVES, tleman from Texas (Mr. BURGESS) is came to Congress and after, talking Washington, DC, April 19, 2004. recognized for 5 minutes. about if Bush is going to do something, Hon. J. DENNIS HASTERT, Mr. BURGESS. Madam Speaker, we he needs to do it soon. We cannot let Speaker, U.S. House of Representatives, are here in this House; and it is our the clock fritter away while the weath- Washington, DC. duty, it is our obligation to debate the DEAR MR. SPEAKER: This is to notify you er gets warmer over there and it makes formally, pursuant to Rule VIII of the Rules important questions of the day, and it even harder on our troops who may of the House of Representatives, that I have that is one of the unfailing obligations have to don protective gear to protect been served with a subpoena, issued by the of this House. them from chemical attacks. United States Tax Court, for testimony and One of the questions I hear asked, Again, the 9/11 Commission currently documents. particularly from the other side, but is criticizing the current administra- After consultation with the Office of Gen- sometimes from my side of the aisle, tion and the previous administration, eral Counsel, I have determined that compli- are we safer now than we were a year but the real loser in that criticism is ance with the subpoena is inconsistent with the precedents and privileges of the House. ago? Are we safer now than at the time the Bush administration because the Sincerely, we went into the country of Iraq? I just Clinton administration is not running KIMONIA ALFRED. think back to a year ago and what was for reelection. But the 9/11 Commission f going on in my congressional office is criticizing the President for not hav- here in Washington. And I look out ing a creative enough criminal mind to OUR TRADE POLICY WITH CHINA over the floor of the House, and I see a anticipate the types of attack that The SPEAKER pro tempore. Under a gas mask under every seat. Truly in came to our country. previous order of the House, the gen- March 2003, we were concerned about I have been to Iraq twice myself dur- tleman from Oregon (Mr. DEFAZIO) is the possibility of a poison gas attack ing this past year, and I know many recognized for 5 minutes. within our country. And, of course, one other Members of this body have been Mr. DEFAZIO. Mr. Speaker, today of the reasons for that was because there as well. I wanted to share with Chinese Vice Premier Wu is in town

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE April 21, 2004 CONGRESSIONAL RECORD — HOUSE H2229 meeting with Commerce Secretary think it might hurt their interest in appropriately resolved and may very Evans and Trade Representative accessing cheap labor and avoiding en- well lead the Greek-Cypriots to reject Zoellick. This would give the President vironmental laws and outsourcing jobs the Annan plan. Security issues regard- a chance to right mistake number to China. So the Bush administration ing the number of troops that will re- seven of his administration, which is will not lift a hand to help Videx. The main on the island and clarifying the trade. The United States last year ran only response we have gotten was Lou Treaty of Guarantee to exclude mili- over a $500 billion trade deficit. We Dobbs and Moneyline, and after my tary intervention are two major con- have exported hundreds of thousands of company Videx was on Lou Dobbs and cerns for the Greek-Cypriots because manufacturing and now high-tech- Moneyline, they got calls from all over Turkey insists that it will continue to nology jobs outsourced under the Bush America, from other small businesses have the right to intervene militarily administration. And their response has who have been stolen blind by the Chi- in Cyprus. This Turkish arrogance in- been, from the President’s chief econo- nese Government. And the response of creases the Greek-Cypriot fear of a rep- mist Mr. Mankiw, this is a good thing, the Bush administration is to do noth- etition of the 1974 invasion and its it is efficiency. ing. tragic consequences. It is not a good thing. It is not effi- They are having meetings today with The plan also would permit the vast ciency. Americans need jobs. We need Vice Premier Wu. She is going to give majority of approximately 115,000 an economy. We need an industrial them the same empty assurances the Turkish settlers who are now illegally base. That is wrong-headed thinking. Chinese have given us for the last dec- in Cyprus to stay in Cyprus. At the So today they have got a chance in ade: Oh, we will stop stealing $24 bil- same time, the plan sets complicated meeting with Vice Premier Wu to rec- lion a year worth of our product, sure. and restrictive provisions regarding tify the mistake of their trade policies. Do my colleagues believe that? I do not the right of Greek-Cypriot refugees to return to their homes in the north. Ad- The mistake is at the insistence of believe that, and I cannot believe that ditionally, the Annan plan makes the President Bush, this Congress voted to the President or his administration be- eventual return of territories from the give China, the Communist Govern- lieves that. So what they should do northern part of the island to the ment of China, permanent most fa- today is tell the Chinese they are in Greek-Cypriot constituent state de- vored nation or special trade status. the WTO, they said they would follow pendent upon the goodwill of Turkey We gave up the right to annually re- the rules, they are not, and that we are view their compliance with trade laws. and Turkish-Cypriots. informing them today if they do not On the issue of property rights, the Big mistake. But the President said, shape up by next week, then we are Do not worry, I have a plan. Yes, he is Annan plan allows for one-third res- going to the WTO with complaints on titution and two-thirds compensation right. They are stealing our products the theft of products from Videx and for property owned in the north by and our intellectual property left and dozens of other small companies across Greek-Cypriots who will be losing the right. Yes, they have violated five America. use of their properties. The funds for agreements on stealing our intellectual This is an administration that sup- the restitution and compensation will property and our products over the last posedly cares about small business, yet be guaranteed by the Federal State and 5 years or 7 years. But he had a plan. when small business is being robbed the Constituent State. Since nine- He was going to put them in the World blind by the Chinese, and big business tenths of the Federal State’s resources Trade Organization because the Presi- says, hey, do not upset the Chinese and 100 percent of the Constituent dent is big on rules-based trade. apple cart, we are manufacturing real- State’s resources will be derived from So the President got his way. China ly cheap over there, $1-a-day labor, now Greek-Cypriots, they will be paying is now in the World Trade Organiza- they might get upset with us, and they for, to a large extent, their own loss of tion, and guess what? Last year, ac- might charge us $1.25 a day for the property. cording to statistics of the Chinese labor over there, or they might even Mr. Speaker, in closing I would like Government, let alone our own govern- let them have a labor union or some- to state that the Greek-Cypriots are ment which will not talk about these thing else. asked to trust, to trust the Turkish things, they counterfeited and stole be- Help America’s small business. Help Government and to have faith that the tween $20- and $24 billion of U.S. prod- them to fight the Communist Chinese Turkish-Cypriot leaders will keep their ucts and intellectual property. Those Government. Help stop stealing Amer- promises. The problem is that since are the numbers of the Communist Chi- ica blind. Help stop stealing our indus- 1974, neither the leaders of the Govern- nese Government about how much they trial and intellectual base, and help ment of Turkey nor Mr. Denktash has are stealing. turn around the international trade ever given the Greek-Cypriots any rea- Has the President filed one, one sin- deficit. That is a mistake the President son to trust them. gle complaint in his rules-based trade can begin to undo today in these con- Each side will decide whether the organization, the WTO, against the versations with Vice Premier Wu. plan would be beneficial for them and theft of product, property by the Chi- f for the future of their children. Even nese Government? No, not a single one. though both sides knew they were not THE ANNAN PLAN FOR CYPRUS Yet I have a company in my district, going to get everything they wanted, Videx. Their company not only had The SPEAKER pro tempore. Under a each side was guaranteed a fair plan their property stolen by China, they previous order of the House, the gen- and one that would be immediately were totally cloned. The Chinese put tleman from Florida (Mr. BILIRAKIS) is functional. Unfortunately, I do not be- up a fake Website to attract people recognized for 5 minutes. lieve the Annan plan is balanced, and with a little waving American flag on Mr. BILIRAKIS. Mr. Speaker, for all we should not be surprised if the it, saying they were an American com- of my 22 years in Congress, I have con- Greek-Cypriot people do not support it. pany, made an inferior product, have stantly and loudly proclaimed the need The Cypriot people hold the future in stolen the Chinese market, and now are for a peaceful reunification of the Re- their hands. During this difficult time, stealing the Asian market from this public of Cyprus. That unification it would be inexcusable, Mr. Speaker, American company. must be just and balanced. for foreign governments or organiza- I thought this is a no-brainer. The Thus I rise here today to voice my se- tional heads to exert excessive pressure President likes rules-based trade. So I rious concerns with the Annan plan for or to issue ultimatums to the people appealed to the Commerce Secretary the reunification of Cyprus. I believe and President of Cyprus to vote one and to the President. I said, help this that the final version of the plan which way or the other. They must be free of company. They are not big enough to was submitted on March 31, 2004, is un- pressure and free to vote with their fight the Government of China. And balanced and biased against the Greek- conscience. If the plan is voted down, it the response was, no, we will not help Cypriots. would be an indication that the Greek- that company because the big compa- There are a number of provisions in Cypriots, whose country suffered an il- nies in the United States who are man- the Annan plan that do not alleviate legal invasion in 1974, and a commu- ufacturing in China do not care about the basic fears of the Greek-Cypriot nity which has for three decades advo- the theft of property. In fact, they community. These concerns were not cated for a settlement, felt that they

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE H2230 CONGRESSIONAL RECORD — HOUSE April 21, 2004 would be giving up far more than they landed in the U.S., they were paying my colleagues, the gentleman from Il- would be gaining, and that cost, Mr. their own way. That, I understand, has linois (Mr. JACKSON) and the gentleman Speaker, is just too high. been corrected. from Florida (Mr. BILIRAKIS), to ad- f Or we just heard yesterday from the dress the shortage of medical labora- 333rd Military Police Unit in Freeport tory personnel, H.R. 623. MISTAKES MADE IN THE WAR that was supposed to be coming home The United States is facing a severe WITH IRAQ this week, that in fact they got rede- and increasing problematic shortage of The SPEAKER pro tempore. Under a ployed; but all their equipment, their qualified laboratory personnel. Many previous order of the House, the gentle- personal foot lockers, had been sent rural areas and areas served by smaller woman from Illinois (Ms. SCHAKOWSKY) home, and now the families, at their hospitals are finding it increasingly is recognized for 5 minutes. own expense, are shipping the equip- difficult to recruit and retain qualified Ms. SCHAKOWSKY. Mr. Speaker, in ment back to their soldiers. They are laboratory workers. the last press conference, the President having to buy all new uniforms. It The vital role medical laboratory was asked if he had made any mistakes seems that was a mistake in planning, professionals play in health care must and what lessons had he learned. And according to some of the families. be recognized. Between 70 to 75 percent what the President said was, I wish you Maybe they could have planned better. of all medical diagnoses are based on had given me this written question That is a mistake, and it could be cor- laboratory test results. But because ahead of time so I could plan for it. I rected somewhat, at least to reimburse these important health care practi- am sure historians will look back and the families that are having to ship tioners seldom have direct patient con- say, gosh, he could have done it better back. tact, their important role in health this way or that way. I am just not But it is not just those soldiers that care often goes unnoticed by patients. sure something will pop into my head are in harm’s way, who are losing their Ensuring that our Nation’s labora- here in the midst of this press con- lives now, unfortunately, sadly, hor- tories possess the human resources, ference with all the pressure of trying ribly, in record numbers in the last lit- that is, laboratory professionals, to ac- to come up with an answer, but it has tle while; but it is the veterans. Again, curately process laboratory testing de- not yet. it is astonishing that this President mands is critical to patient health. So kind of as a public service, a num- would not make sure that at the very The U.S. Department of Labor projects that approximately 13,200 med- ber of us are coming down to the floor least those who come home are well ical laboratory professionals will be to offer, for the President’s consider- taken care of. ation, a list of some mistakes that he There was a mistake, and it has been needed each year through 2010. Unfor- might want to call up so he does not corrected. He could cite that. Our tunately, fewer than 5,000 individuals are graduating from accredited train- have to fumble around for an answer at wounded soldiers were being charged ing programs each year. the next press conference, if he has an- for food at the hospitals when they The bill includes a scholarship pro- other public press conference. came home. Incredible. Now that has gram to help students meet their aca- One of the things that actually is been fixed; they are not being charged demic education and clinical training surprising to me that this mistake hap- for that food. But many were lan- expenses. It provides for loan forgive- pened at all, given what we know now, guishing with inadequate care in Army ness by working in areas designated as is the long lead-up to the war in Iraq, barracks when they came home. having a shortage of medical labora- that they actually had been planning, Then, right now, this minute, 30,000 tory personnel or allied health practi- and bases were being built, and air veterans are waiting 6 months or tioners. In addition, this legislation es- space to land was being constructed, longer for appointments at VA hos- tablishes a program to provide awards was a failure to provide the troops with pitals, new increases are proposed in to individuals who teach medical lab- the protection they needed when they the cost of veterans health care for up oratory science. were put into harm’s way. It surprises to 1 million veterans, and long-term These are just a few of the important me that that mistake was made. care funding has been slashed. It is measures created in H.R. 623. I would In some cases mistakes have been really incredible. encourage my colleagues to join me in somewhat corrected, we think; so it What the veterans organizations are supporting this legislation. would not even hurt the President to saying is that actually the amount of f mention the fact that as recently as money allocated to veterans is millions last October, a quarter of our troops in of dollars short of what it needs to be. MISTAKES THE PRESIDENT HAS Iraq were lacking in the ceramic-plated The gentleman from Texas (Mr. MADE body armor that would deflect the bul- EDWARDS) actually has a proposal that The SPEAKER pro tempore. Under a lets that were coming their way. We would add $2.5 billion for veterans previous order of the House, the gen- are told that that has been corrected, health care. The President could ac- tleman from Ohio (Mr. BROWN) is rec- although as recently as just a few knowledge that it is a mistake to mis- ognized for 5 minutes. weeks ago, families are still buying treat our veterans, and he could sup- Mr. BROWN of Ohio. Mr. Speaker, 8 those at about $1,500 a crack for their port the bill of the gentleman from days ago at the Presidential news con- soldiers just to make sure that they Texas (Mr. EDWARDS) to restore that ference, only the third he had done in are well equipped. But we know that money. prime time since he has been Presi- still the Humvees do not have the prop- He could do something about the fact dent, the President was asked just sort er armor, some of them still do not that he has been refusing to end the of an obvious question that we all deal have the proper armor. A helicopter survivor benefit penalty. There are a with from time to time in our lives, po- was shot down that did not have the lot of things, a lot of mistakes. We litical or not, tell us about one of the missile detector that helicopters are think the President ought to acknowl- biggest mistakes you have made. supposed to have in order to be fully edge some of them and fix them up. The President kind of looked a little equipped. f deer-in-the-headlights and he said, ‘‘I am sure something will pop into my b 1345 ADDRESSING THE SHORTAGE OF head here in the midst of this press I met the aunt of one of the soldiers MEDICAL LABORATORY PER- conference, but with all of the pressure who died in that last Sunday. She SONNEL of trying to come up with an answer, it would think that that was a mistake The SPEAKER pro tempore (Mr. just hasn’t yet.’’ that the President made and something BURNS). Under a previous order of the We would today like to try to help he might want to mention. House, the gentleman from Illinois the President, not because we want to He could have talked about a mis- (Mr. SHIMKUS) is recognized for 5 min- criticize President Bush, but because take making soldiers pay for their utes. we want to help him learn from his travel home when they would come on Mr. SHIMKUS. Mr. Speaker, today I mistakes. rest and recreation, R&R. In order to rise to call attention to a piece of leg- We see several of the mistakes here, get to their homes once they were islation that I introduced, along with from veterans cuts, to trickle-down tax

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE April 21, 2004 CONGRESSIONAL RECORD — HOUSE H2231 cuts for the wealthy, to trade that the tion drug Presidential mistake, is the But they set up a procedure to deal gentleman from Oregon (Mr. DEFAZIO) fact that the millions of dollars have with it, and that procedure is in the talked about, to helping keep our sol- come from the drug industry to the Re- hands of the leadership of this House of diers as safe as possible that the gen- publican Party, and the word on the Representatives. tlewoman from Illinois (Ms. SCHA- street is the drug industry is going to But, unfortunately, the separation of KOWSKY) talked about. give President Bush’s reelection $100 powers that has served this country so I want to talk for a bit about Medi- million. well for more than 21⁄4 centuries has care, not the fact that the bill, they f now morphed itself into a monolithic told us it would cost $400 billion, it will government, where the leadership of A GROSS EXAMPLE OF STATE- cost $534 billion. That was sort of a this House takes its orders almost on a SPONSORED DECEPTION purposeful mistake from the President. daily basis from the White House and Not about Medicare privatization, that The SPEAKER pro tempore. Under a there is no oversight of executive ac- mistake. Not about the gap in cov- previous order of the House, the gen- tions. There apparently is little or no erage, that if you have $5,000 in drug tleman from New York (Mr. HINCHEY) oversight of executive spending. costs, the government only pays $1,000 is recognized for 5 minutes. So we go on, stumbling forward, of it, you have to pay $4,000 out of Mr. HINCHEY. Mr. Speaker, our blindly. Now more than 700 American pocket. The mistake I want to talk great country has sustained itself for servicemen and -women killed in Iraq about is not even the fact that the drug more than 21⁄4 centuries because of the in this illegal, unjust and unnecessary and insurance companies wrote that brilliant construct of our government, war; thousands of Americans maimed, legislation. and the essential ingredient in that injuries they will carry for the rest of What I want to talk about is the spe- construct is the separation of powers. their lives, if indeed their lives are not cific prohibition in the bill that clearly Ultimate power does not reside in shortened thereby; tens of thousands of the drug industry, the President at the any one place. You have the executive Iraqis, perhaps hundreds of thousands, behest of the drug industry, inserted branch, the legislative branch and the including innocent women and chil- into the bill that prohibits the govern- judicial branch, each with equal pow- dren, killed. ment from negotiating the price of pre- ers. It is the responsibility of the legis- Where is the oversight? Where is the scription drugs. lative branch to make the laws and action that is supposed to come from Now understand, the Canadians pay a then to oversee execution of those laws lot less than we do for prescription this House of Representatives in exam- by the executive branch. The question ining these illegal, unnecessary actions drugs because the Canadian Govern- that ought to be on the mind of every ment negotiates directly with the drug on the part of the executive branch? American today is to what extent is Have we not seen enough? When are we company on behalf of 29 million citi- the legislative branch of this govern- zens of Canada to get the best price. going to go into action? When are we ment, the Senate and the House of Rep- going to live up to our obligations But this legislation, written by the resentatives, carrying out its respon- drug companies, excuse me, written by under the Constitution? When are we sibilities under those separation of going to do what is necessary to sus- the President, this legislation ex- powers. I think when you begin to look pressly prohibits our government on tain this great democratic Republic? at that question, you find that we are We need action now. We need an end behalf of 39 million Medicare bene- not doing a very good job at all. ficiaries, prohibits our government to the monolithic government and a re- The most recent example of that, of turn to the historic separation of pow- from negotiating the best price for our course, is the revelation that we have Medicare beneficiaries. That is why we ers which has served this country so had in a recent book that the adminis- well. pay so much for our prescription drugs. tration spent $700 million, apparently Now, when the Architect of the Cap- f illegally, that was allocated for Af- itol bought the carpet in this room, he ghanistan, took that money and spent AN UNJUST, UNPROVOKED WAR did not take the manufacturer’s word it in preparation for the war in Iraq, that a fair price would impair carpet The SPEAKER pro tempore. Under a when they said they were not engaging fiber research and then pay whatever previous order of the House, the gentle- in any such preparation. That is a the carpet company wanted. When the woman from California (Ms. WOOLSEY) Park Service buys rangers’ uniforms, it grave deceit. It ought to be inves- is recognized for 5 minutes. does not take just the first bid, no mat- tigated by this Congress thoroughly Ms. WOOLSEY. Mr. Speaker, it has ter how expensive. and completely. But it is not the only been a little over 1 year since the But with drugs, the President and his deceit with regard to the war in Iraq. President of the United States, without allies in the drug industry and his We were told when the administra- just cause and without being provoked, friends that run the House of Rep- tion sent their resolution here to the invaded Iraq. Over 700 Americans have resentatives, the Republican leader- Congress that we had to go to war in given their lives for this war, roughly ship, they say the government must Iraq because of weapons of mass de- 10 each week, not to mention the thou- pay any price the drug industry wants struction. We have found no weapons of sands wounded, the billions of dollars to charge. That is why Lipitor costs mass destruction more than a year spent, and the international good will $763 here, but $438 in Canada. That is later; no stockpile of chemical weapons squandered. why Fosamax costs $797 here, an anti- have been found more than a year This is the same President Bush who osteoporosis drug, mostly for women, later; no mobile weapons laboratories last week could not think of a mistake but only $323 in Canada. That is why have been found more than a year he had made. We were told that this Tamoxifen, a breast cancer drug, costs later. There is no uranium from Niger war was necessary to keep us safe. We nine times in the United States what it in Iraq. were told Saddam Hussein had the costs in France, even though U.S. tax- Saddam Hussein was not an immi- world’s most dangerous weapons and payers paid for much of the research nent threat, nor was he a grave and could strike at any moment. gathering threat. He was not in league through the National Institutes of b 1400 Health to develop those drugs. with Osama bin Laden. The two were Now, this policy, this mistake, this hostile to each other and antagonistic Now even the President has made mistake on Medicare that the Presi- to each other. tacky jokes about looking for the miss- dent made that says we are not going What we have here is a gross example ing weapons of mass destruction under to negotiate price, we are going to let of state-sponsored deception. The his White House sofa. That was cer- the drug companies charge whatever Founding Fathers realized that this tainly an insensitive mistake. they want, this mistake is a joke on kind of condition could express itself In fact, the President’s appetite for the American people; and the drug at one time or another during the his- belligerence and bloodshed only weak- companies are laughing all the way to tory of our administration; and, in ens us, it makes us more vulnerable, the bank. fact, there have been times when it encouraging further violence and in- Perhaps the reason for this Presi- has, perhaps never as gravely as it has creasing the risk of nuclear destruc- dential mistake, the Medicare prescrip- under the present set of circumstances. tion.

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE H2232 CONGRESSIONAL RECORD — HOUSE April 21, 2004 The President’s inaccurate declara- Battle of San Jacinto, the victory of Tejanos at the Alamo in San Antonio. tion about Iraq’s weapons of mass de- the independence for Texas, and the The Alamo fell on the morning of struction capabilities are not just in- greatest, most diverse State in our March 6, 1836, when Lieutenant Colonel competent, they are immoral. And Union. William Barrett Travis, former Ten- what a mistake that was. Proving its timeless value as a story nessee Congressman David Crockett, There has to be a better way, and of political struggle and personal her- and approximately 200 other Texans there is, one that emphasizes brains in- oism, the Battle of the Alamo has been and Tejano defenders were killed in ac- stead of brawn, one that is consistent made into another feature-length motion. with American values. I have intro- tion picture, ‘‘The Alamo,’’ by Disney, The Mexican Army was full of con- duced legislation to create a SMART not doing as well at the box offices we fidence after their hard-fought victory security platform for the 21st century. have, but I bet you it is doing well in at the Alamo, and Texan forces were in SMART stands for Sensible, Multilat- Texas. retreat, but in late April 1836 they eral American Response to Terrorism. I encourage all Americans to learn chose not to flee to the safety of Lou- We need to stop the spread of weapons and relearn this important historical isiana and instead turned to fight on of mass destruction, and keeping the story. the banks of the bayous outside of American people safe must be our high- On this day I want to enter into the Houston, Texas. In fact, the San est priority. On that point the Presi- CONGRESSIONAL RECORD two newspaper Jacinto battleground is in the new con- dent is not mistaken, but he is wrong, articles from the Baytown Sun and the gressional district that I am receiving. wrong to equate our security with ag- Pasadena Citizen that are newspapers gression and military force. Just be- in my district regarding the tremen- On the afternoon of April 21, 1836, the cause you have a hammer, not every dous devotion and expertise of the San two armies were camped near one an- single problem is a nail. The United Jacinto reenactors, many of whom are other, but the Mexican Army, con- States possesses the world’s largest my constituents. These folks have fident of its superiority, failed to post hammer in the form of its mighty mili- committed tremendous amounts of guards during their afternoon siesta. tary, but some situations require a time and resources to providing an edu- They underestimated the determina- more delicate touch. cational service to our community, and tion of the Texan army in its fight for SMART security calls for aggressive some of these reenactors have gone so an independent nation and were totally diplomacy, a commitment to nuclear far as mastering the original Mexican unprepared for the surprise attack. As nonproliferation, strong regional secu- Army drills in the original Spanish, a result, the nation, and then the State rity arrangements and vigorous inspec- and many were involved in the produc- of Texas, was born. Like the American tion regimes. The United States must tion of the Disney film ‘‘The Alamo’’ as Revolution, the Texan Revolution set an example for the rest of the world consultants and extras. brought many different people together by renouncing the first use of nuclear The story of San Jacinto occurs less fighting military oppression. weapons and the development of new than 60 days after the fall of the A misconception of the Texas war for nuclear weapons. Alamo. On April 21, 1836, exactly 168 independence is that the conflict was a We must maintain our commitment years ago today, approximately 900 case of Anglos versus Hispanics. But to existing international treaties like Texans and Tejanos of the Texan Army accurate Texas history tells us that the Nuclear Nonproliferation Treaty, overpowered a large and better trained Hispanics who had long lived in Texas the Comprehensive Test Ban Treaty, Mexican Army. I say Texans and mostly did not refer to themselves as the Biological Weapons Convention and Tejanos because the struggle for Texas Mexicans, but instead thought of them- the Chemical Weapons Convention. independence was not between Anglos selves as Tejanos. Tejanos inhabited To be smart we would support and Texas long before Mexico existed, and adequately fund programs like the Co- and Hispanics. For example, noted Tejano patriot they lived there for the same reason operative Threat Reduction Program, Captain Juan Seguin commanded a Anglos later moved there, for freedom which works with the Russian Federa- cavalry company during the final vic- and productive land. tion and the states of former Soviet tory at San Jacinto and later became a Union to dismantle nuclear warheads, Many folks were happy under Mexi- reduce nuclear stockpiles, secure nu- senator in the Republic of Texas. For can rule until General Santa Anna’s clear weapons in Russia. And we must those people that have seen the movie forces began plundering areas of Texas, replicate this program in other trou- ‘‘The Alamo,’’ they will remember he and then Tejanos and Texans both re- bled regions like North Korea and Iran, was sent out from the Alamo seeking acted with revolution. because it is a mistake to believe that reenforcements and against his wishes It is inspiring to me that many every country will proactively choose was told to stay away so he could live Tejanos joined the fight for independ- to give up its nuclear program. In the to fight another day at San Jacinto. ence when the Mexican Government belong run negotiations with other coun- One of the main proponents of the came an exploitive military regime. tries will keep us much safer than be- Texas Revolution was Lorenzo de The brotherhood of freedom can be lieving we can scare them into submis- Zavala, who served in the Mexican stronger than the brotherhood of na- sion. Government until the military dictator tionality, as Tejanos proved at Gon- The Bush doctrine has been tried, General Antonio Lopez de Santa Anna zalez, Bexar, Goliad, the Alamo, and and it has failed. In fact, it is a huge, abolished the Mexican Constitution of also along the banks of the San Jacinto huge mistake. It is time for a new na- 1824. Zavala, a former Mexican citizen, River, and in this the government of tional security strategy. SMART secu- went on to become the first Vice Presi- the Republic of Texas. dent of the Republic of Texas. rity defends America by relying on the Like the American patriots in 1776, very best of America, our commitment Less than 100 years after American patriots threw off the tyrannical Brit- Texans did not create a perfect State to peace and freedom, our compassion with their independence. It would not for the people of the world, and our ca- ish Empire’s military domination, Tex- be until June 19, or Juneteenth, 1865, pacity for multilateral leadership. ans and Tejanos succeeded in a similar that Texas’ African American citizens SMART security is tough, pragmatic, struggle against a military dictator, achieved the freedom that is an in- and patriotic. SMART security is General Santa Anna. In the words of alienable human right. Every smart, and it will keep America safe. the Texas Declaration of Independence, the people’s government had been Juneteenth we remember that struggle f ‘‘forcibly changed without their con- for equal rights is long and difficult, SAN JACINTO DAY sent from a restrictive Federal repub- and demands our own enduring com- The SPEAKER pro tempore (Mr. lic, composed of sovereign states, to a mitment. BURNS). Under a previous order of the consolidated military despotism.’’ On San Jacinto Day we celebrate the House, the gentleman from Texas (Mr. As Sam Houston and other Texas del- achievements of Texan and Tejano pa- GREEN) is recognized for 5 minutes. egates signed the Texas declaration of triots, and renew our commitment to Mr. GREEN of Texas. Mr. Speaker, independence, General Santa Anna’s preserving our represented govern- today marks the anniversary of the army was besieging the Texans and ment, freedom, and human civil rights.

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE April 21, 2004 CONGRESSIONAL RECORD — HOUSE H2233 Mr. Speaker, at this point I will in- study history from multiple sources, not just The boot camp involved marching drills clude for the RECORD the two news- American ones. In their study, they came and training stations for learning stunt- paper articles that I previously men- face-to-face with facts they never were fighting, horseback riding, ladder manipula- tioned. taught in grade school. tion, artillery use and firing orders. The ex- ‘‘The Alamo is a boiling pot of ideas and tras weren’t the only ones who grew accus- [From the Baytown Sun, Apr. 7, 2004] views,’’ and Herlitz, ‘‘You can’t just go by tomed to the orders, said Herlitz. RE-ENACTING HISTORY what a history book said, because it’s taint- ‘‘The horses learned what the word ‘Ac- (By Carla Rabalais) ed by political attitudes. ‘The Alamo’ is a lot tion!’ meant, so whenever they heard it, broader story and I think those issues will whether they were supposed to move or not, ‘‘‘Let me die in the Alamo. Just let me get come out more in the director’s cut of ‘The they took off,’’ he said. ‘‘So we had to have shot in there,’ I pleaded. But I was a Mexican Alamo’ ’’ DVD. new commands for starting the filming, like officer, and no Mexican soldier died inside ‘‘You see, those men on the inside of the ‘Go!’ or eventually, ‘G-o!’ ’’ the Alamo.’’ Alamo were trying to create a new republic, Herlitz and Hutton recall one moment in Don Herlitz is a Baytonian, but most of all and the men on the outside were trying to their six month experience on ‘‘The Alamo’’ he is Texan, or Texian, or Mexican captain, preserve a young republic. Who the heroes set that gripped both their memories. depending on the year in which he’s oper- are just depends which side of the wall The film’s director, John Lee Hancock of ating. you’re standing on,’’ he said. Texas City, had been filming the Mexican Re-enactors aren’t strapped to the same Allen Hutton of Baytown agrees. The siege on the Alamo for several nights. But he calendar that most of us are. They have the pyrotechnician has re-enacted since he was held back the final attack where the wall privilege of operating in both the past and 12 years old and has worked in the entertain- would be scaled and the Texian army killed. the present and with Disney’s ‘‘The Alamo,’’ ment industry with movies like ‘‘American That would be filmed on the exact anniver- set for release Friday, local re-enactors like Outlaws’’ and ‘‘the Patriot’’. In ‘‘The sary of its occurrence, March 6, at 5:30 a.m. Herlitz will also have a presence in the fu- Alamo,’’ he portrays both a Mexican first The actors filmed through the night March ture. sergeant and a Texian first sergeant. 5 and into the next morning’s hours. But mo- The film stars Dennis Quaid, Billy Bob ‘‘As a kid I learned the Alamo was about ments before the final siege, the entire set Thornton and Jason Patric. Already this big, mean, mad Santa Anna against the poor observed 13 minutes of complete silence, one week three sneak previews have unfurled in innocent Texians,’’ he said. ‘‘But the Mexi- minute for each day of the Alamo siege, in Houston. cans weren’t just ‘bad guys,’ they were pro- memory of those who lost their lives, both Crowds who lined up for those free seats tecting their country’s land. Think of it in Texian and Mexican. Then at 5:30 a.m., the were greeted by local reenactors ready and modern terms: What would we do if some of storming began. willing to talk about their acting experience Saddam Hussein’s guard came here and set- ‘‘Whatever hardships we had to deal with and field expertise . . . locals like Herlitz tled in a town and then said, ‘This is our during the filming were all worth it right and his wife, Marie, Pete Juarez, Allen Hut- land now and you can’t control us’? then,’’ said Herlitz. ‘‘To be a part of that mo- ton, Clabert Menard of Dayton and David ‘‘I don’t want in any way to minimize the ment was something I will always remem- Pomeroy of Pasadena. sacrifices made by the Texians, but the ber.’’ ‘‘That’s what we do,’’ Marie said. ‘‘We talk Mexicans had a side too,’’ he said. ‘‘When I do a job, I don’t go to seek fame Herlitz and Hutton filled similar roles in to people about Texas history and we show or rub shoulders with stars,’’ said Hutton. ‘‘The Alamo’’. Both were involved in the them what it looked like.’’ ‘‘It’s just a job and you concentrate on doing movie a year before actual filming took The re-enactment window reveals all his- it well. But that moment brought it all to- place and both were Mexican officers who tory’s facts, from the mundane to the explo- gether. That was as close as I will ever come trained hundreds of extras during three-day sive, like period clothing, hand-sewn with to experiencing the reality of the Alamo. home-spun cotton; cooking styles, with no boot camps. ‘‘Many of our guys were moved to tears. Herlitz and his wife spent six months electricity, gas or running water; toys and They were on the Mexican side, and they saw camping in a canvas tent, cooking on an games, which often doubled as useful equip- it, too, as part of their heritage.’’ open fire, near Dripping Springs, where the ment; and weaponry, including home-fash- Local re-enactors who participated in ‘‘The movie was filmed. Hutton camped on the set ioned muskets, gunpowder and knives. The Alamo’’ and other living history events hope for five months while his wife stayed in Bay- common denominator in every category is that the new movie will have a ripple of posi- town preparing for the birth of their first ‘‘authentic.’’ tive effects through our state and nation. Mexican artillery is one of Herlitz’s spe- child. ‘‘I hope it will get more people excited As Mexican officers, the two Baytonians cialties. He has re-enacted Texas history for about history,’’ said David Pomeroy. ‘‘Then were required to learn maneuvers from an almost 20 years, but for the past seven has historical venues will have more response 1830s military guide written in Spanish. Not portrayed a 19th century Mexican soldier. In and in turn receive more educational fund- modern Spanish, not Castilian Spanish, but a the Alamo, that expertise earned him an offi- ing.’’ colonial Spanish that is now obsolete. Or al- cer’s role in Santa Anna’s army. ‘‘It’s all for the kids,’’ said Herlitz. ‘‘As a most obsolete. ‘‘Many of the re-enactors played both sides re-enactor, I believe children don’t under- An extra who had come from New Mexico during the movie,’’ Herlitz said. ‘‘I really stand what price was paid for freedom. The recognized the language. His native dialect wanted to—I even brought my Texian fertilizer to the tree of liberty is the blood of is a preserved form of colonial Spanish, so he clothes with me—but they wouldn’t let me the patriots. Someone has to be willing to translated the book for the actors and train- switch. put their life on the line—for you to have the ers. The drills Herlitz and Hutton learned be- ‘‘That’s all right, though,’’ he laughed. freedom to go downtown and buy a $200 pair ‘‘After seven years of shooting at Davy came second-nature to them. ‘‘I can still tell you the (gun-) loading pro- of tennis shoes. The Alamo is an excellent (Crockett), I finally got to die beside him in cedure in proper Spanish,’’ said Hutton. example of the price people were willing to the next film.’’ During boot camp, they trained hundreds give—the ultimate sacrifice.’’ ‘‘The Alamo’’ united many reenactors, but of extras. One of those was Clabert Menard of Some children are understanding that con- that battleground wasn’t their first time to- Dayton, who was singled out for the Texian cept. gether and it certainly wasn’t their last. In side as an expert marksman. ‘‘I never really thought about the Alamo, fact, since ‘‘The Alamo’’ completed filming ‘‘I ended up helping to train about 40 guys but when I saw the actual building and stood last year, some reenactors have participated under me,’’ Menard said. ‘‘The more experi- inside it, it was neat,’’ said fourth-grader in two additional films, including the one enced re-enactors they put next to the stars Cody Fisher. ‘‘A bunch of people were lost Herlitz named. That film is ‘‘Remember the and told us to keep the other guys from run- there fighting for what they believed in.’’ Alamo,’’ a documentary that aired on the ning in front of them.’’ ‘‘There were brothers fighting each other, history Channel this spring. Menard, like many of his peers, has re-en- and whole families coming apart,’’ added David Pomeroy served as a site resource, acted since his teens. He has represented Cassie Perez, also a fourth grader. ‘‘They re-enactor, and cook—along with his wife, many characters in his historical career, in- wanted freedom.’’ Cait—for the two hour documentary. The cluding World War II soldiers, a French and ‘‘I think if I had lived back then, and I was business manager of Pomeroy Energy volun- Indian trader and a Texas Army scout. a little bit older,’’ said Cody, ‘‘I think I teers his time and knowledge for of the San ‘‘I just want to eat, drink and sleep his- would have fought for the Alamo.’’ Jacinto Battleground Association and is the tory,’’ he said. ‘‘We can replicate anything, David Pomeroy encourages families to author of ‘‘Pasadena: The Early Years.’’ except the fear of death.’’ ‘‘See the movie, then come smell the ‘‘There are eyewitness accounts and there One of his favorite activities is to spend smoke.’’ are myths that enhance the Alamo story,’’ weekends hiking 15 to 20 miles into the On April 24, a re-enactment of the battle of he said, ‘‘and in some cases the two con- Texas wilderness with nothing but his 1820s San Jacinto will be held at the San Jacinto tradict. The documentary addresses those era gear. He used those items in ‘‘The Battleground State Historical Park. This historical issues.’’ Alamo’’ as well, including two of his home- year the re-enactment will be accompanied Contradictory accounts of the Alamo were made weapons, a flintlock musket and by a living history festival. Local re- not the only issues re-enactors face as they French pistol. enactors from ‘‘The Alamo’’ will be onsite to re-create turning point battles in Texas his- ‘‘I knew I could depend on my own gear,’’ autograph photos and talk about their film- tory. To accurately re-enact, they had to he said. ing experience. Festival hours will be from 10

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE H2234 CONGRESSIONAL RECORD — HOUSE April 21, 2004 a.m. to 6 p.m. with the battle re-enactment far more suited to the territory than the images showed everything except the at 3:30 p.m. more formal strategies employed by the coming slaughter of these peace-loving Mexican generals. people. [From the Pasadena Citizen, Apr. 14, 2004] Also attending the luncheon was Stan The Kurds represent about 20 percent Wojcik, a fellow San Jacinto battle re- POMEROY CONTRASTS REALITY, HOLLYWOOD of the Iraqi population. They have (By Gloria Walker Smith) enactor. Wojcik was wearing an outfit that he sewed himself—deerskin britches, coarse their own language and culture. Al- Using the latest movie of The Alamo as a vest and calico shirt. He has even made his though Muslim, they are not Arab. His- backdrop, Texas history expert and Pasadena wife a period costume for re-enactment pro- torically they have lived in the moun- native, David Pomeroy, brought an edu- grams. Although a very recent ‘‘Texan,’’ tainous regions of northern Iraq in an cational and entertaining program to the Wojcik has become fascinated and knowl- Bay Area A&M Club luncheon. area around Kirkuk. This region holds edgeable about the San Jacinto battle. Focusing primarily on Texas history be- about 7 percent of the world’s known During his appearance, Pomeroy was com- tween 1820 and 1845, Pomeroy surprised the oil reserves. The vast oil wealth rep- pletely in character with his ‘‘almost stove- audience with a history pop quiz, where the pipe’’ beaver hat, calico shirt and powder resented around Kirkuk has always winners received Alamo movie posters. Since horn. been a motive for Saddam and other Sam Houston is so much a part of any men- Responding to questions about the changes ethnic Iraq groups to act. Remove the tion of Texas history, it was noted that Sam to be made to the San Jacinto Monument oil by removing the Kurds. Saddam Houston IV is from Galena Park, which area, Pomeroy gave a brief overview of the spawned a comment that Constable Bill Bai- used every opportunity to hunt them plans to return the area to a more histori- ley was also from Galena Park and ‘does that down and eliminate them. But America cally-correct look, with an emphasis on the have any significance?’ is barely aware of the suffering Saddam educational value. Adjacent industries have Since Pomeroy has been involved in the inflicted on these people. donated land to affect many of the changes, making of this Alamo movie from its incep- While the President never found which will eventually double the size. tion, (even back when Ron Howard visited On April 24, from 10 a.m. to 6 p.m., the San weapons of mass destruction in Iraq, and originally planned to make the film), he Jacinto Day Festival and Battle Reenact- Kurds would tell you that the Presi- had many insider comments about the prep- ment will feature all-day exhibits, hand-on dent would have found evidence of arations, the actual filming, the actors in- history activities for children, including an volved and the differences in their personal- mass murder. Kurds fear, and we archaeological dig, as well as celebrity histo- ities. One amusing story contrasted the be- should, too, that it could happen again. rians and authors. The admission is free and havior of Dennis Quaid (Sam Houston) and Kurds fear, and we should, too, that if food booths will be available. For more infor- Billy Bob Thornton (David Crockett). At the the U.S. pulls out on the 30th of June, mation, call (281) 479–2421 or visit end of each filming sequence, Thornton was it will not take long before the killing www.sanjacinto-museum.org. most definitely ‘‘one of the easy-going run- begins again. of-the-mill’’ cast members, so he was very Mr. Speaker, God bless Texas and We should never have left the Kurds popular. On the other hand, Quaid dis- these United States. alone after the first Gulf War, and we mounted his horse and headed for his tent, f must not leave them alone after June without any interaction. Consequently, the group almost ‘hated’ him for being so con- WE MUST NOT ABANDON THE 30. The date is meaningful only for the ceited. When filming was finally over, the KURDS President’s political ambitions. We cast saw a totally different Quaid, who was know what happened the last time we well aware of their previous feelings toward The SPEAKER pro tempore. Under a pulled out of Iraq. We cannot do it him. He explained that he found it necessary previous order of the House, the gen- again and silently sanction a new out- to remain completely immersed in his char- tleman from Washington (Mr. break of unspeakable crimes again the acter throughout production. MCDERMOTT) is recognized for 5 min- Kurds. One glaring omission to a historian was utes. The Kurds deserve liberation. The the lack of mention of the earlier battles at Mr. MCDERMOTT. Mr. Speaker, the Kurds deserve protection. The blood- Gonzales, Goliad and Zacotecas, significant casualties in Iraq are a bitter reminder in their own right. shed we see daily in Iraq reminds us of ‘‘It has been suggested that it would take of the truth and consequences of war the country’s instability. It should be a a mini-series to adequately tell the story of whether you oppose it, as I do, or wage warning of the bloodshed that will the Texas war for independence,’’ said Pom- it, as the President has. come if America forsakes its responsi- eroy. ‘‘Had there not been the battle at San As America grieves over our losses, bility to Iraq and all the Iraqi people, Jacinto, much of the Alamo story would we should also grieve over the losses all the Iraqi people. have been forgotten.’’ The fact that so many suffered by the Iraqi Kurds in a war We must stay the course. Stay past made a conscious decision to stay and die, if that went largely unnoticed in this June 30. Stay until the Kurds are safe, necessary, for what they believed, makes the country. In fact, this is not the second defenders stand out. And die, they did. Sam until Iraq itself is a safe place. We owe Houston had advised the leaders to abandon Gulf War, but the third in our memory. Iraq and the world nothing less. By de- the Alamo, but Bowie, Fannin and Travis After the first Gulf War, America claring war we took responsibility for said no. pulled out of Iraq, leaving Saddam to the future of Iraq. We cannot walk Going back centuries in history, Pomeroy reorganize his henchmen. They did away and throw it open to the chaos traced the conquests in the area to the Span- more than take names; they took hos- that we have created. ish, who came first, then the French and tages, and they look lives, thousands of It was our warning to the President then the English, each of whom took the lives. It can happen again. land from the Indians and each other. Along when we started, winning the war, the came the American Revolution and later, the After the first Gulf War, we estab- military part, that will be pretty easy French Revolution—struggles to free citizens lished a no-fly zone, but we did not dis- because we have a tremendous fighting from the tyranny of rulers across the ocean. arm Saddam’s Republican Guard, and force. But as for establishing the peace, In Mexico and the Spanish southwest, the we did not destroy his lethal helicopter that is where the trouble is. The Presi- people were determined to overthrow the for- gunships, killing machines used not dent never planned for it. eign emperor, and Santa Ana headed this against Americans, but against Iraqis. He ignored the State Department’s movement. After driving out the Spanish The outcome was a blood-drenched efforts to do that. He ignored emperor and establishing a constitution, record of atrocities. At least 8,000 everybody’s warnings. General Santa Ana then installed himself as emperor and threw out the constitution. Originally, Kurds were massacred by Saddam and Shinseki said it will take 300,000 the Texians did not seek to leave Mexican his henchmen after the United States troops. They said, shut up, and they authority, but wanted to be a separate state, withdrew from Iraq, having urged them fired him because he told truth. Any- instead of being part of the state of to rise up. The Kurds cried out for help, body who tried to tell him the truth Coahuila. Santa Ana refused in the strongest but no one listened, and no one saw. coming into this was discarded or shuf- terms and so began the Texas War for Inde- The war was over, then-President fled off or put somewhere else. pendence. Bush number one declared. Victory was We are about to do it again because Much like the American Revolution, the at hand. We marvelled at the stories the President wants to have another ‘‘colonists’’ in Tejas were facing a military trained in European-style. The Texicans told, many untrue, of how U.S. tech- sign that says ‘‘Mission Accomplished, were a rag tag bunch, out-numbered, out- nology had spared lives, reduced cas- Democracy Delivered.’’ You could have trained and out-gunned. However, they had ualties, and proved America’s a little ceremony somewhere and hand the home-court advantage and used methods warmaking superiority. The satellite some paper around, I guess. It reminds

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE April 21, 2004 CONGRESSIONAL RECORD — HOUSE H2235 me of a scene in Vietnam when the ple who are in harm’s way, who are had the privilege of visiting Valley United States declared victory and left getting killed, who are getting Community School in October during off the roof of the embassy. We must maimed, who are getting injured in so Red Ribbon Week festivities, and it left not let that happen again. many ways that they have to invade an impression with me and had a posi- f their savings so that they can keep tive impact on alternative education their families together while they are and the impacts it was having on the b 1415 protecting this country. students there. WAR ON SAVINGS I cannot believe that that is the re- However, I also had a very moving sponse of the Republican Party in this The SPEAKER pro tempore (Mr. experience while I was visiting. I see Congress, that that is the benefit that school groups in my district fre- GINGREY). Under a previous order of the we are going to provide these families House, the gentleman from California quently, but nothing compares with and these soldiers who are making this the interaction I had with the students (Mr. GEORGE MILLER) is recognized for sacrifice on our behalf. Now, mind you, 5 minutes. at Valley Community School that day. all of the advice that these soldiers had After the Red Ribbon Week assembly Mr. GEORGE MILLER of California. when they started their IRA accounts Mr. Speaker, just a few minutes ago be- was over, a group of children, young from their employment, from Goldman people, came and met with me. Many of fore the House finished its legislative Sachs, from Merrill Lynch, from business, we passed legislation that them were products of the foster care Charles Schwab is do not ever touch system, just like those who are fortu- would allow National Guard members your retirement savings because the and Reserve members to take money nate enough to be here in Washington sooner you start and the longer you do today. out of their IRA accounts and not have it, the better chance you have at re- a penalty on those individuals. When During our 90 minutes together, I tirement where you will be secure. But heard many of their personal stories they do that under current law, if you because, unfortunately, they have invade your retirement account, you from the students that would shock joined the armed services or because, anyone who cares. They told me about pay a penalty if you do that because we unfortunately, they cannot get out of are trying to encourage people to keep some of the horrible conditions that the armed services because of the war they had encountered as they moved their savings intact so they can build a on Iraq or because they have been sent retirement fund. from placement to placement in foster to Iraq to fight the war for longer than care. They told me about situations It is outrageous that the best we can they have anticipated or they were told do for these National Guard and Re- that have gotten them in trouble. They was going to happen, they must now told me about a lot of things that I serve families that are under incredible take their savings and try to support economic strain because members of thought I would never hear or even their families with that. have to hear from young people: abuse, their family are serving longer tours in I cannot believe that is what a grate- Iraq than they had planned to, that neglect, domestic violence, sexual as- ful Nation would do to these individ- sault. These kids have been through those who are scheduled to get out of uals; but that is the bill that just the Reserves in the Army cannot get more unfortunate events at a younger passed. We all voted for it. We want to ages than most of us will ever go out because of the stop order. do whatever we can to help them, but So those people have been without through in a lifetime. Many of them that cannot be the response of this Na- had begun to get tougher than they those incomes for many months now, tion to these military families that they have not been able to meet the ob- ever should have to become just to sur- find themselves in this kind of eco- vive. But, ladies and gentlemen, in all ligations of their families. Their home nomic stress. How cynical of an ap- mortgages are threatened. Their car their eyes, I saw a glimmer, a glimmer proach that somehow we cannot help of hope, the glimmer of hope that I see, payments are threatened. Loan pay- these families out beyond saying they ments are threatened. And we are tell- frankly, in all young people’s eyes. But will not have to pay the penalty for de- it was one that moved me even strong- ing them that they must invade their stroying their savings. Well, the retirement savings in order to continue er than normally because these kids minute they touch those savings, they had had such a tough life. to subsidize the war in Iraq. It is unbe- are being penalized because they are lievable that we would do this. giving up retirement benefits in the fu- They wanted to talk about and over- So the Reserves and the National ture. come their problems. They wanted peo- Guard members from my area, from This Congress owes our National ple to become aware of the flaws in our the San Francisco Bay area, are being Guard members, our Reserve members foster care system, and they wanted told that after we invaded Iraq they better than that, and we owe their fam- people to understand how important it must invade their savings because we ilies better than that. And we ought to is for them just to have a stable home. need them to continue to serve in Iraq. correct this and correct it immediately I want the students of Valley Commu- So the penalty they pay is that they because these families, the financial nity School who are watching back in are going to lose their retirement bene- stress is continuing because of this war Merced to know that people really do fits down the road. Many of those peo- on Iraq. And we ought not to have care about them and the problems they ple in the Reserves, many of these peo- them go into financial ruin because are going through. Their principal, Jill ple in the National Guard do not have they have defended this country, be- Macha, is one of those people. They the kind of incomes that will let them cause they have served this country, lead an alternative education program then replace the 5, 10, 15, $20,000 that because they answered the call of this at the school that is one of the sources they wanted to borrow from their President. of stability for those kids in that situa- IRAs. So for the sacrifice they have tion, and stability is what they des- f made to defend this country in Iraq, perately need. they have to lose retirement benefits HONORING VALLEY COMMUNITY But, ladies and gentlemen, there is in the future years. It is unbelievable SCHOOL much work to be done. I am committed that we would think that this is an an- The SPEAKER pro tempore. Under a to working on improving our foster swer to their problem. previous order of the House, the gen- care system and the support network This government could extend them tleman from California (Mr. CARDOZA) for children who are left behind. I hope interest-free loans. This government is recognized for 5 minutes. my colleagues will take the time to could give them additional pay if they Mr. CARDOZA. Mr. Speaker, I am learn more about the kids like those are kept in the service beyond their honored today to have four students in who are at Valley Community School contract date. If they are kept in Iraq attendance here from Valley Commu- and join me in the effort. I know that beyond the original time frame, we nity School in Merced, California. Val- if they do, we can have a better under- could provide them additional pay. ley Community School, led by its prin- standing of the enormous challenges At the same time we are giving tax cipal, Jill Macha, is an alternative edu- that at-risk kids face and that we can cuts to the wealthiest people in this cation program that serves at-risk actually do something to improve their country, we are asking our service peo- youth throughout Merced County. I situation.

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE H2236 CONGRESSIONAL RECORD — HOUSE April 21, 2004 The SPEAKER pro tempore. Under a tleman from California (Mr. SCHIFF) is 1848. That was the late Congressman previous order of the House, the gen- recognized for 5 minutes. and the former President, John Quincy tleman from Illinois (Mr. EMANUEL) is (Mr. SCHIFF addressed the House. Adams, who history recorded after he recognized for 5 minutes. His remarks will appear hereafter in served as President of the United (Mr. EMANUEL addressed the House. the Extensions of Remarks.) States for a term in the early 1820s, he His remarks will appear hereafter in f actually felt compelled to return to Washington, D.C. from his home State the Extensions of Remarks.) The SPEAKER pro tempore. Under a of Massachusetts as a member of the f previous order of the House, the gentle- House of Representatives, truly an ex- The SPEAKER pro tempore. Under a woman from Ohio (Ms. KAPTUR) is rec- previous order of the House, the gen- traordinary exercise in public service. ognized for 5 minutes. One can scarcely imagine a former tleman from Pennsylvania (Mr. MUR- (Ms. KAPTUR addressed the House. President in the modern era becoming PHY) is recognized for 5 minutes. Her remarks will appear hereafter in a Member of Congress after he served (Mr. MURPHY addressed the House. the Extensions of Remarks.) in the Oval Office. But John Quincy His remarks will appear hereafter in f Adams was not an ordinary man. His the Extensions of Remarks.) The SPEAKER pro tempore. Under a father before him, John Adams, was f previous order of the House, the gentle- our second President. John Quincy The SPEAKER pro tempore. Under a woman from the District of Columbia Adams was considered one of the great previous order of the House, the gen- (Ms. NORTON) is recognized for 5 min- moral and intellectual minds of the tleman from Indiana (Mr. BURTON) is utes. 19th century and is considered so to recognized for 5 minutes. (Ms. NORTON addressed the House. this day. But he came to Capitol Hill, (Mr. BURTON of Indiana addressed Her remarks will appear hereafter in Mr. Speaker, not simply, as some get the House. His remarks will appear the Extensions of Remarks.) wrongly accused, to occupy a chair. He hereafter in the Extensions of Re- came here on a mission, a mission en- f marks.) capsulated in a book I am reading now The SPEAKER pro tempore. Under a f entitled ‘‘Arguing About Slavery.’’ Be- previous order of the House, the gentle- cause when John Quincy Adams came The SPEAKER pro tempore. Under a woman from California (Ms. previous order of the House, the gen- to the Congress of the United States he MILLENDER-MCDONALD) is recognized did so as a Northerner, a former Presi- tleman from Texas (Mr. HENSARLING) is for 5 minutes. recognized for 5 minutes. dent himself, the son of one of the (Ms. MILLENDER-MCDONALD ad- (Mr. HENSARLING addressed the founders of this country, and a man dressed the House. Her remarks will who believed that the scourge of slav- House. His remarks will appear here- appear hereafter in the Extensions of after in the Extensions of Remarks.) ery was a blight on this Nation and Remarks.) threatened its greatness and threat- f f ened its destiny. The SPEAKER pro tempore. Under a So as history records, Congressman previous order of the House, the gen- SPECIAL ORDER VACATED John Quincy Adams came often not to tleman from Kansas (Mr. MORAN) is The SPEAKER pro tempore. Without this floor, but to the floor of the Con- recognized for 5 minutes. objection, the 5-minute Special Order gress just down the hallway, every few (Mr. MORAN of Kansas addressed the of the gentleman from New Jersey (Mr. weeks for the nearly 20 years he served House. His remarks will appear here- PALLONE) is vacated. in this body to speak about one issue, after in the Extensions of Remarks.) There was no objection. and that was the issue of the abolition f f of slavery. The SPEAKER pro tempore. Under a Now, one would argue that having previous order of the House, the gen- THE CASE FOR LIFE died in 1848, John Quincy Adams could tleman from Maryland (Mr. WYNN) is The SPEAKER pro tempore. Under scarcely point to any accomplishment recognized for 5 minutes. the Speaker’s announced policy of Jan- in his life ending slavery; but there, (Mr. WYNN addressed the House. His uary 7, 2003, the gentleman from Indi- Mr. Speaker, you would be wrong. Be- remarks will appear hereafter in the ana (Mr. PENCE) is recognized for 60 cause it would be none other than a Extensions of Remarks.) minutes as the designee of the major- lanky, gangly freshman member of f ity leader. Congress that arrived on Capitol Hill the year that John Quincy Adams The SPEAKER pro tempore. Under a Mr. PENCE. Mr. Speaker, I rise today would die who would be sitting on the previous order of the House, the gentle- in the discharge of an idea that began back row in what is now Statuary Hall woman from New York (Mrs. MALONEY) for me in September of 2003; and now in the House of Representatives and is recognized for 5 minutes. today it has its fourth manifestation, a would listen to the great man speak, (Mrs. MALONEY addressed the series of remarks on the floor of this Congress that I simply call ‘‘The Case make his powerful moral orations House. Her remarks will appear here- against slavery. And that young Con- after in the Extensions of Remarks.) for Life.’’ My inspiration for today’s discussion, gressman, known to his friends as Abe f Lincoln, would be deeply moved. The SPEAKER pro tempore. Under a which is entitled ‘‘The Case for Life: b 1430 previous order of the House, the gen- Abortion and the Problem of Pain,’’ was inspired not by a contemporary in tleman from Michigan (Mr. CONYERS) is History would record that young recognized for 5 minutes. this Congress, though I just came from Congressman would go back to Illinois (Mr. CONYERS addressed the House. a meeting with really the intellectual and run for the United States Senate His remarks will appear hereafter in and moral father of the pro-life move- and eventually become our President the Extensions of Remarks.) ment in this Congress, the gentleman and eventually sign the Emancipation from Illinois (Mr. HYDE), chairman of Proclamation. I am confident that once f the Committee on International Rela- we reach the other side of heaven, as The SPEAKER pro tempore. Under a tions, who simply referred to my hum- opposed to this side of heaven, we will previous order of the House, the gen- ble efforts on the floor and those of col- know to a certainty that that Abe Lin- tleman from Ohio (Mr. RYAN) is recog- leagues who will join me as, in his coln was inspired by the words and the nized for 5 minutes. words, ‘‘a great idea.’’ But it was not example of that humble former Presi- (Mr. RYAN of Ohio addressed the from the gentleman from Illinois (Mr. dent and Congressman. House. His remarks will appear here- HYDE) that I drew my inspiration for After I learned that story, I thought after in the Extensions of Remarks.) these series, but rather from another of my own time. I thought of the short f distinguished gentleman who served in period of time that I would have here The SPEAKER pro tempore. Under a this body from the years 1827 to his to serve, and I thought about my pas- previous order of the House, the gen- death on the House floor in the year sion about the sanctity of human life,

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE April 21, 2004 CONGRESSIONAL RECORD — HOUSE H2237 and I thought about the enormity of this Congress and is now the subject of DINGELL) and my friend the gentleman this issue and the fact that apart from not one, but three separate pieces of from Rhode Island (Mr. KENNEDY), a few important legislative advances, litigation in the Federal courts, and it joined conservatives like me in approv- despite the fact that this Chamber is in that context that abortion and the ing the ban 281 to 142. could be considered the heart of the problem of pain, I think, justifiably Congress made specific findings in most powerful Nation on Earth, that comes before us today. this legislation as well, that partial actually the subject of abortion comes Congress, as I am sure my colleagues birth abortion was essentially an inhu- up here very infrequently, even though are aware, Mr. Speaker, actually man- mane procedure that is, and this was a the statistics are startling about the aged earlier this year in overwhelming finding of the Congress that is impor- impact that abortion has and has had numbers to pass the Partial Birth tant in this moment, Mr. Speaker, be- on our society over the last 30 years. Abortion Ban Act. For those not aware cause it is being litigated in Federal Think of it, Mr. Speaker. Each year of this procedure, partial birth abor- courts around the country at this very more than 1 million U.S. teenagers be- tion essentially involves, as hard as it moment, that the Congress found that come pregnant, and the teen pregnancy is to say, the breach delivery of a child one expert after another, and even in rate in the last 30 years has become post-20 weeks. Virtually in every case agreement with the American Medical truly alarming. With regard to those of a partial birth abortion, the child Association that supports abortion who elect to end that pregnancy out of could be delivered whole and could sur- rights in America, found that this pro- wedlock in abortion, 80 percent are sin- vive. It is certainly at the stage of via- cedure is never medically necessary. gle, 60 percent are white, 35 percent are bility. Let me say again. That after nearly 8 black. Eighty-two percent of women But in the partial birth abortion, the years of debate, after examination of having abortions are among that single child is delivered partially, and then a experts, including the concerted opin- or separated category, but the most suction tube is, I will say it gently, in- ion of the American Medical Associa- startling statistic to me, and I think serted in the back of the skull. The tion, it was concluded that this proce- the reason why, Mr. Speaker, it begs contents of the skull are removed, and dure, known as partial birth abortion that we grapple with this issue on this the remains of the child are taken from by the AMA, as well as, of course, by floor from time to time, in the same the mother’s womb. It is a horrific pro- the overwhelming majorities of this way that John Quincy Adams, however cedure. Congress, was found to never be medi- inconveniently, grappled publicly on It was one of the joys of my life on cally necessary, and that is a critical, the floor of the Congress about slavery, November 5, 2003, to sit on about the critical conclusion by this Congress. is that according to Planned Parent- third row as the President of the Partial birth abortion, it was con- hood’s National Center for Health Sta- United States over near the White cluded almost unilaterally or uni- tistics, nearly half of American women, House in the Reagan Building signed formly by medical and legal and eth- 43 percent of American women, will that ban of that horrific procedure. As ical experts to be inconsistent with the have an abortion sometime during the President said, Our Nation owes its obligations of the law. So we find our- their life. children a different and better wel- selves nevertheless in litigation in Let me say again. This procedure, come. He went on to say, The bill I am America, and as a former trial attor- validated in the case of Roe v. Wade in about to sign protecting the innocent, ney, I can tell my colleagues, Mr. 1973, has now given rise to a procedure new life from this practice reflects the Speaker, I would never stand between that literally impacts the lives not passion and humanity of America. And any American and the courthouse door. only of the unborn, but of nearly half so it did. It affirmed our basic standard We all have the right to seek redress in of childbearing women in the United of humanity which can be summarized the courts, and some are doing just States of America. So it is in that spir- in the duty that the strong have to pro- that. it that back in September I launched tect the weak. In fact, this law, the Partial Birth this series on the case for life and The American people obviously over- Abortion Ban Act, signed into law last today come to the floor on the subject whelmingly support this legislation. November is being challenged not in of abortion and the problem of pain. One survey after another has shown one, but in three separate cases in Fed- I mentioned earlier that there have enormous support. A recent Gallup poll eral courts around the country: in New been some recent and important legis- showed 68 percent of Americans believe York City before Judge Richard C. lative achievements. This Republican that partial birth abortion should be il- Casey; in Lincoln, Nebraska, before majority in Congress has advanced not legal. The same poll showed that even Judge Richard Kopf; and in San Fran- one, but two historic pieces of legisla- 50 percent of those who considered cisco, California, before the honorable tion that advance the principles of the themselves to be prochoice on abortion Judge Phyllis J. Hamilton. sanctity of human life. To a lesser de- supported the ban of this horrific pro- In two out of three of those cases, gree is the Unborn Victims of Violence cedure, and here is a compelling num- though, interestingly, Mr. Speaker, the Act. I helped to draft that bill as a ber for my colleagues. Fifty-seven per- judges on the bench have ruled that an member of the Committee on the Judi- cent of obstetricians and gynecologists issue that we did consider in this Con- ciary, and while it is not a prolife piece want partial birth abortion banned as gress, but an issue that has not gotten of legislation, it does, on the Federal well, according to a survey in Medical a great deal of public discussion, was level, certify what two-thirds of the Economics Magazine. relevant to the deliberations on the States of this Nation have certified It seems, as we like to say back in In- constitutionality of the ban, and that long ago is that when there is violence diana, Mr. Speaker, to be a no-brainer is, as I have said in the title of this dis- against a pregnant mother that results procedure like this has no place in a cussion today, the problem of pain. It in the loss of the unborn child’s life, civilized society, and Congress, in bi- is the problem of pain that is literally that there are two victims, and while I partisan fashion, agreed. Members from being considered in two out of three of would say that it is not a prolife piece across the political spectrum after lit- the Federal cases, and it may ulti- of legislation, the principle about the erally 8 years of wrangling on Capitol mately cause some pain in the hearts sanctity of unborn human life is none- Hill, 8 years of expert testimony, 8 of Americans who may be looking in on theless there, and it is important. years of public debate, finally came to our deliberations or may be reading ac- I commend my colleague, the gentle- broad agreement. Members across the counts of this, but it seems to me, as woman from Pennsylvania (Ms. HART), aisle, as I mentioned, many colleagues we try and come to terms with the cost who almost single-handedly muscled in the Democrat minority in the House of abortion in America, we do well to this legislation to the floor of the Con- and the Senate, strongly supported this listen to the experts about this issue of gress and saw to its passage and signa- legislation. Senators, from conserv- pain, and I want to speak gently and ture earlier this year. ative Republican RICK SANTORUM to respectfully about it today. Obviously, the most significant piece Senator TOM DASCHLE, approved this The truth is, in the New York City of legislation and, in fact, the very measure in a 64-to-34 vote, and House case, the National Abortion Federation first restriction on the abortion proce- Members in this Chamber, the distin- never wanted Dr. Kanwaljeet Anand to dure since Roe v. Wade also passed in guished gentleman from Michigan (Mr. testify in the Partial Birth Abortion

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE H2238 CONGRESSIONAL RECORD — HOUSE April 21, 2004 Ban Act trials, but he did, and no won- b 1445 mony took place and was facilitated der. This Oxford- and Harvard-trained Now, before I go into precisely what just in the last 2 weeks. neonatal pediatrician had some jarring Dr. Anand had to say, it is important Here is what Dr. Anand had to say, testimony about the subject of fetal to point out that the damaging nature and I want to read this into the pain, and it is truly made more aston- of this information coming in not only RECORD, if I can, Mr. Speaker, although ishing when one considers the fact that to the courtroom in New York, and not I will submit the entire testimony for Dr. Anand is not a stereotypic Bible- only has been ruled in order in Ne- the RECORD. thumping prolifer. braska, Mr. Speaker, but also into the When he was brought to the stand in In fact, interestingly, Mr. Speaker, public domain was certainly not lost New York City in the partial-birth Dr. Anand is not prolife at all. He is, in on the abortion rights activists who abortion ban challenge case, Dr. Anand fact, a strong advocate of the right to brought the challenge to the Partial- was asked a series of questions begin- an abortion. A native of India, he just Birth Abortion Ban Act in both of ning with this: ‘‘Are there differences does not meet the stereotype, not just those cases. between fetuses and infants born at full the head wrap, the neat beard, the Literally, attorneys for the National term?’’ The answer: ‘‘There are cer- Rollie Fingers-style mustache, but he Abortion Federation used virtually tainly huge differences between a fetus views abortion as an unalienable right every legal tactic at their disposal to at different stages of maturity and a for women in America. He gave his tes- prevent Dr. Anand’s testimony from full-term infant, yes.’’ timony in the New York court, even being permitted in the court. NAF at- Next question: ‘‘What effect, if any, more credibility as one of the leading torneys attempted time and time again does that have on your opinion in this experts on fetal pain in America, if not to block Dr. Anand’s testimony. And case about a fetus’s ability to feel the world. then once he was allowed on the stand, pain?’’ This was the response of this Dr. Anand took the stand in the the plaintiffs’ attorneys cross-exam- Rhodes Scholar, Harvard-trained Ph.D. morning recently and testified for ined him redundantly, in a style that who supports the right to an abortion. hours, excerpts of which I will read actually drew the judge’s rebuke. The Dr. Anand responded: ‘‘What we have into the RECORD today. He testified for judge actually asked one of the Na- noted from these multiple lines of evi- hours on a simple principle that un- tional Abortion Federation lawyers, he dence is that the pain system has a born children can, according to his re- was being so pedantic and repetitive, very low threshold, meaning that the search, actually feel pain more vividly and in some ways abusive of Dr. Anand fetus has a much greater sensitivity to than recently born children or adults. on the stand, Judge Casey asked: ‘‘Is pain during the early development of It is an astonishing and truly chilling this a new school of cross-examination, the pain system, and later on that assertion that this expert came to. where you make a statement and finish threshold rises or the sensitivity de- creases to pain. This is seen through- Let me go back, as my old trial law- every statement with, is that correct?’’ out development. So in a premature yer days taught me to do, and let me Later, the judge actually drilled a fetus, those 23, 24 weeks of gestation, establish the credibility of the witness, plaintiff’s lawyer for attempting to they have a much lower threshold of if I can. Dr. Kanwaljeet S. Anand is a make one of their witnesses testify pain compared to a full-term infant. A pediatrician specializing in the care of about events before they were hired. It just was extraordinary the efforts full-term infant has a lower threshold critically ill newborns and children. to which the opponents of the Partial- of pain as compared to, say, a 1- or 2- For more than 20 years, according to Birth Abortion Ban Act went to pre- year-old child. And during childhood as trial testimony, he has conducted in- vent Dr. Anand’s testimony from being well there is a progressive increase in tensive research on the study and the allowed in. And for all the world, I do the threshold of pain. So,’’ Dr. Anand development of pain and stress in not think, Mr. Speaker, it was so much testified, ‘‘my opinion is that between human newborns and fetuses. about what was happening in that 20 and 30 weeks of gestation there is I said before once again, and I repeat courtroom as it was what was hap- the greatest sensitivity to pain.’’ it for the sake of its significance and pening out here in the debate, the de- The attorney went on to ask the its addition to the credibility of his bate for winning the hearts and minds question: ‘‘Doctor, can you explain the testimony, that Dr. Anand personally of 270, 280 million Americans who wres- scientific reasons why that is so?’’ Dr. believes that a woman has an tle with this issue and are deeply di- Anand responded: ‘‘There are many unalienable right to an abortion, which vided. And not only are we divided just reasons to explain this increased sensi- makes him solidly and unqualifiedly as a country, but most of even my very tivity to pain. Firstly, there is the prochoice. best friends and family members, who early development of the receptors and He received his medical degree from profess to be pro-choice, do so with a the density of these receptors is much Mahatma Gandhi Memorial Medical great deal of ambiguity about it, seeing greater in the fetal skin as compared College in Indore, India. After abortion as a necessary evil in society, to an older child or adult. These recep- postdoctoral training in pediatrics, he but an evil nonetheless. tors have connections to the spinal was awarded a Rhodes scholarship to I really believe, as I denominated cord,’’ et cetera, et cetera, et cetera. study at the University of Oxford. He this ‘‘case for life’’ installment, I be- ‘‘So it is that early period,’’ he con- received a Ph.D. from the Faculty of lieve that pain is a problem for the ad- cluded, ‘‘there is the greatest sensi- Medicine for research he performed on vocates of abortion in America, not tivity to pain.’’ surgical pain and stress in premature just those who would oppose partial- Then it gets a bit more chilling, and and full-term newborns. birth abortion. Abortion and the prob- this is where I would ask the forbear- Following additional postdoctoral lem of pain can be summarized in this ance of the Chair and any who are training at Oxford, Dr. Anand com- idea, and forgive me if I have too high looking in; so that if there are little pleted a fellowship in pediatric critical an opinion of people and particularly ears nearby, I, as the father of three care at Massachusetts General Hos- the American people, but I cannot help small children, have no desire to of- pital. but feel that if most Americans became fend, but this is offensive. Because here He has numerous academic appoint- persuaded about the truth of what Dr. we will hear where Dr. Anand actually ments, University of Oxford, Harvard Anand has said, about the capacity of used the word ‘‘excruciating’’ to de- Medical School, Emory University unborn children to experience pain, scribe the experience of pain of an un- School of Medicine. He has authored or that we would, as a Nation, rethink born child in a partial-birth abortion. coauthored more than 200 articles and this business of abortion. Question: ‘‘Do you have any opinion is currently professor of pediatrics at And so I thought it all together fit- as to whether the partial-birth abor- Arkansas University for Medical ting that we talk about the problem of tion procedure will cause pain to a Science. Not a lightweight, and, vir- pain in the little bit of time I have left. fetus?’’ Answer: ‘‘Yes, it would, if the tually as we used to say in the law And I may be joined, Mr. Speaker, by fetus is beyond 20 weeks of gestation.’’ business, an unimpeachable witness on the gentleman from Iowa (Mr. KING), And I would add parenthetically the subject of fetal stress and fetal who was actually in Nebraska, in the here, not as part of the testimony, that pain. courtroom, where much of this testi- virtually all partial-birth abortions

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE April 21, 2004 CONGRESSIONAL RECORD — HOUSE H2239 take place after 20 weeks, according to My purpose today in this ‘‘case for then out to the floor. The same proce- medical statistics. life’’ entitled ‘‘Abortion and the Prob- dure takes place over in the other Back to the testimony. Question: lem of Pain,’’ is simply to do our part body. ‘‘And could you describe, in your opin- on this blue and gold carpet to bring That gathers all of the best expertise ion, Doctor, what kind of pain you these issues more into the public do- that can be gathered, it draws it all out would anticipate the fetus would feel?’’ main, not just to our colleagues here of the United States of America, and Dr. Anand responded as follows: ‘‘Given on the floor, but also to those that then we have the administrative the increased sensitivity to pain at might be looking in, Mr. Speaker, to be branch that also has their staff and that period of gestation, the parts of aware that this business of banning their expertise, and they do their fact- the procedure associated with grasping partial-birth abortions, so overwhelm- finding. the lower extremity of the fetus, of ma- ingly supported by the American peo- So when the House of Representa- nipulating or rotating the fetus within ple, is an unfinished work. The work tives votes overwhelmingly and the the confines of the uterus, of delivering goes on. other body votes overwhelmingly to the fetus through an incompletely di- Mr. Speaker, again I yield to my col- ban that ghastly, ghoulish, and grue- lated cervix as well as the surgical in- league, the distinguished gentleman some procedure of partial-birth abor- cision made at the back of the head, from Iowa (Mr. KING), a member of the tion, and when Congress comes with the puncturing of the intracranial cav- Committee on the Judiciary findings that declare that a partial- ity through the occipital bone and Mr. KING of Iowa. Mr. Speaker, I birth abortion is never medically nec- through the membranes that cover the thank my colleague, the gentleman essary to preserve the health of the brain, all of those parts of the proce- from Indiana (Mr. PENCE), for yielding woman, there is no system of fact-find- dure would be associated with pro- to me to address my colleagues and ing or data-gathering that exists in longed and excruciating pain to the America on this issue. this country today that can begin to fetus.’’ So said Dr. Kanwaljeet Anand, For many years now, this Congress, match the due diligence of the United a Rhodes Scholar and one of the lead- in response to the people of the United States Congress. ing experts on fetal pain in the Western States of America, have fought dili- b 1500 World. gently to end the most ghastly and So, when word came to me late Good As you heard, Mr. Speaker, going lit- ghoulish and gruesome procedure Friday that a judge in Lincoln, Ne- erally step by step through each ele- known to modern man. And as we have braska, had made remarks during the ment, the doctor described of the pro- done so, this Congress has held hear- last witness’ cross-examination in the cedure of a partial-birth abortion, and ings in the 104th, 105th, 106th, and 108th case that is one of the three jurisdic- I cited here his reference to the grasp- Congresses. That is over 8 to 9 years if tions that the gentleman from Indiana ing of lower extremities, the turning of gathering information and data and spoke about, that the attorneys in the the fetus in the uterus, the delivery of analysis of the concept of what we call case had done more due diligence than the fetus through an insufficiently di- and have defined in this Congress as Congress had, that echoed into my ears lated cervix, Dr. Anand concludes that partial-birth abortion. an hour or two, if not within minutes. these would all result in, and these are Now, for myself, as I thumb through When it did, it looked to me that the his words now, ‘‘prolonged and excru- the phone book in the Washington, preparation was at least there to de- ciating pain to the fetus.’’ D.C. yellow pages, I can find in there clare that Congress had not done due There is more here; and as I men- ads for abortions up to at least 22 diligence, that the attorneys in the tioned earlier, Mr. Speaker, I will sub- weeks, and I believe there are one or case had, and that would be reason or mit this testimony at this point in the two that advertise up to 24 weeks. And justification enough to overturn our RECORD, in its entirety, for any who if the advertisement goes to that, then congressional ban, our Federal ban on might examine our work at some point you can be confident that those par- partial-birth abortion. in the future, because it is truly ex- tial-birth abortions are taking place So the decision was made late that traordinary to consider. beyond the 24 weeks. And, in fact, in Friday afternoon, and I was in Lincoln Mr. Speaker, I am grateful now to this country, there is a Supreme Court at 9 on Monday morning. I make one yield to a colleague and a friend who, decision that allows for such a thing up minor correction to the gentleman while a freshman from the great State until the very last minute before birth. from Indiana (Mr. PENCE): It was of Iowa, has arrived here with a venge- The circumstances around this law round-trip miles rather than one way. ance and with convictions and with that we have then in this country come It was a little bit to adjust it into my passion. And as I presented the issues to Congress finally passing a ban on schedule. I walked into the courtroom that are being litigated at this very partial-birth abortion that was signed at 9, and I am confident most of the ac- hour in New York and in Nebraska and by our President. And that was some- tors in the courtroom knew I was com- in San Francisco, I was delighted to thing that was difficult, in fact imposing, judging by the reaction in the note that over the April recess, my col- sible to obtain under the previous ad- courtroom. I listened to that case be- league, the gentleman from Iowa (Mr. ministration. We have it today. tween 9 and almost up to 12, nearly KING), was not content to stay in Iowa I sit on the House Committee on the noon, just stepping out for a couple of while these weighty matters were Judiciary, and we held hearings and we message exchanges. At noon I went being debated. gathered facts, did fact-finding, due down there outside the Federal build- As was reported to me, the gen- diligence, and gathered data that ing in Lincoln, Nebraska, and held a tleman from Iowa drove 470 miles one reaches out all across this country into press conference. I made the statement way to sit in the courtroom in Ne- all of the experts, the best experts that describing how Congress comes to their braska in the company of the Honor- we can find, to bring them forward to findings, what due diligence Congress able Judge Richard G. Kopf, and re- testify before congressional hearings. uses, and that there is no substitute for assert the principle of Congress’ ability There were people to testify on each the due diligence of Congress. to make findings of fact and the delib- side of the argument, both pro and con For a single judge to substitute his eration that Congress used in con- on this procedure that we know all opinion for the collective wisdom of cluding, as I asserted earlier, Mr. across this Nation as partial-birth the United States of America is the Speaker, that partial-birth abortion is abortion. height of arrogance. It also exposes ju- never medically necessary. And, as I And when that happens, these expert dicial activism. It turns the law on its am sure the gentleman from Iowa will witnesses testify, they are cross-exam- head. There is nothing that we could elaborate, that was a broad conclusion ined by nearly every member of the pass in this Congress that would meet by this body. Committee on the Judiciary. At the that kind of standard that would allow Also, Mr. Speaker, I would be anxious end of that period of time, then we de- a single judge to substitute his judg- to hear my colleague’s reflections on bate the relative merits of the issue. As ment for the wisdom of the people of the issue of fetal pain and how that that debate flows through, we bring the America. may or may not play into this debate, bill for a vote, and generally through That is what that press conference both in and out of the courtroom. subcommittee, full committee, and was about. It echoed across this Nation

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE H2240 CONGRESSIONAL RECORD — HOUSE April 21, 2004 from the Atlantic to the Pacific Ocean the next year or so be obligated to gentleman from Iowa (Mr. KING) de- and points in between, and I am hope- makes a decision on whether Congress fended in Lincoln, Nebraska, over- ful that it echoes into that courtroom can actually declare findings and de- whelmingly attested in the case of par- and the courtrooms of San Francisco clare fact. We have done so. tial-birth abortion, this is a procedure and New York where any activist judge There are only two questions before that is never medically necessary. In in this country realizes that the legis- the court, I understand. One of them is fact, we, from south of Highway 40 in lative power belongs to the United do congressional findings determine Indiana, like to use common sense on States Congress. That is defined in the that a partial-birth abortion is never things. It hardly seems like it could United States Constitution. If we allow necessary to protect the health of the ever be in the interest of the health of judicial activism to run its course, woman; and the other question is did a woman to deliver a child and to bru- there is no point in this body existing. we define partial-birth abortion accu- talize it in the birth canal, and that They will have taken away all of the rately and precisely enough that one would somehow be safer for the mother legislative power of this Congress if we who is providing that procedure, and than a simple caesarean section that is do not draw the line. that is hard for me to say, understands done countless times in America and I would have said a year ago that the clearly at what point they would be has been done since Caesar, after whom line was blurred between the judicial breaking the law? it was named. It is never medically and the legislative branch of govern- I think we have a precise definition necessary. ment. Today I will say it is obliterated. of partial-birth abortion. It is clear Beyond that, it is my hope and my It has been obliterated in a number of whether it is a head delivery or wheth- ambition, and I may even say my pray- cases not particularly relevant to the er it is a breech delivery. We define er, that the problem of pain becomes ban on partial-birth abortion. that moment when it becomes a par- more widely known in this country. We have the authority as Congress to tial-birth abortion, and Leroy Carhart Just judging the intensity that abor- rein in the run-away judiciary, to slap or any of those practitioners under- tion rights activists use to keep Dr. the wrists of judicial activism. In fact, stand that, and they are simply trying Anand’s testimony about fetal pain out all Federal courts, with the exception to confuse the American public. of the courtroom in these proceedings of the Supreme Court, exist because I will stand for life. I stand with the suggests to me that our opponents in they have been established from time gentleman from Indiana (Mr. PENCE) this debate understand the political to time by the Congress. Whatever the and the hundreds of people in this Con- vulnerability because at our core I be- Congress establishes, they can take gress and the millions across this coun- lieve, as the President says so often, away. try that understand that innocent life the American people are a deeply com- So it is conceivable that any of these begins at the instant of conception. passionate and caring people. Federal lower courts are not a require- Mr. PENCE. Mr. Speaker, I thank the That is why I said at the beginning of ment of Congress, we could do with gentleman from Iowa (Mr. KING) for his this discussion today that in the case them as we wish. We want to do what statements, and again want to express for life, the problem of pain is a prob- is prudent and appropriate, but we also my gratitude for the gentleman’s te- lem for advocates of abortion rights. have an obligation to preserve the sep- nacity in defending life and the proc- To the extent that these court cases aration of powers. I will continue to do esses of an institution. Our colleague, and the attempts to challenge and pull that. literally at a time when many Mem- down the Partial-Birth Abortion Ban Mr. Speaker, I want to speak to the bers of Congress with their families Act ultimately result, whatever their fetal pain issue as well. I do not think were stealing away to someplace warm, outcome, in the American people hav- that is hard for any of us to under- our colleague was headed to a courting a broader understanding of the re- stand. We have heard testimony during house to defend the integrity of an in- ality of what Dr. Anand called so chill- hearings of this Congress of a baby stitution and the processes of this in- ingly that prolonged and excruciating that was almost to the last moment of stitution which the American people, pain to the fetus in a partial-birth its life reaching its arm out with that many of whom may be looking into our abortion, then we may be making fear-of-falling reflex. It is unrealistic conversation today, have a right to progress. So I conclude this case for life, Mr. to believe that baby did not feel the know that the Partial-Birth Abortion Speaker, with gratitude for your for- pain at that moment, at that moment Ban Act signed 5 November, 2003, by bearance and those of my colleagues, when they are trusting into the hands this President was thoughtfully consid- with renewed appreciation to the gen- outside the womb instead of the protec- ered and carefully prepared and based tleman from Iowa (Mr. KING), who, tion of the womb, to have those hands upon findings of fact that are demon- along with his lovely bride, are stal- take the life and drain the brains from strable. warts on the case for life. I close this that innocent, most innocent little I thank the gentleman from Iowa case for life with gratitude. child. (Mr. KING) for his leadership and for his If Members have seen the pictures courage on behalf of the unborn and as f that have been up on the Internet, par- truly a remarkable contributor to this PRESIDENTIAL MISTAKES ticularly on the Drudge Report, during institution in a very short period of The SPEAKER pro tempore (Mr. intrauterine surgery, a little hand time. BURNS). Under the Speaker’s an- reaching up, grabbing ahold of the fin- By way of closing this installment of nounced policy of January 7, 2003, the ger of a doctor. Imagine a little hand the case for life, abortion and the prob- gentleman from New Jersey (Mr. PAL- grasping the hand of the surgeon that lem of pain, I would reflect on those LONE) is recognized for 60 minutes as is there to protect and save its life, and words from the ancient text that say the designee of the minority leader. that little hand and that little body whatsoever you do to the least of Mr. PALLONE. Mr. Speaker, last cannot feel pain? Of course it does. For these, you do to me, and that for mil- week during President Bush’s press a doctor to say, I have never thought of lions of Christians, me included, those conference, he had a difficult time with such a thing, it did not occur to me were the words of God Himself. They a question from one reporter asking whether there was pain there, that express a principle that has been mani- him whether or not he had made any would not be the case if this were hap- fested throughout the 2,000-year his- mistakes as President since the fateful pening with an animal. There would be tory of Western civilization that soci- events of September 11, 2001. Today I a national outrage, and there should be eties and their justice and their defini- would like to basically join with some a national outrage on this. tion of justice is defined on the manner of my Democratic colleagues who have We have to play this out in the in which the strong deal with the already spoken today during their 5 courts in New York, Nebraska and San weak. That is the essence of justice. minutes in trying to help out the Francisco. We are going to see these At its very core, in my judgment, President to answer the question about three inferior courts come with a deci- whether it is partial-birth abortion or any mistakes he has made as President sion. Those decisions will find their abortion in any of its permutations, since 9/11. way to the United States Supreme justice demands that we reconsider I think one of the President’s biggest Court where the Supreme Court will in this practice. As the evidence that the mistakes over the last year was signing

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE April 21, 2004 CONGRESSIONAL RECORD — HOUSE H2241 a so-called prescription drug bill into would maintain that that was a mis- tion drug bill that eventually became law which he knew would benefit the take, a major mistake, on the Presi- law, the Republican leadership made pharmaceutical companies a lot more dent’s part not to allow the negotia- assurances to many of the conservative than the millions of seniors who need tion of lower prices, but the bill itself Members in the Republican Party that help now with their prescription drug was a mistake because the bill, as I the total costs of the program over 10 bills. said, does not really provide any mean- years would not be higher than $400 bil- Mr. Speaker, seniors have done the ingful benefit to seniors who are look- lion. That is what they put in the budg- math. I had some opportunities during ing for their prescription drugs to be et, and that is what the Republican the district work period, during Easter paid for in a major way by the Federal leadership and the President told the and Passover, to meet with senior citi- Government. conservative Members that they would zens, and they have done the math with But the President and his adminis- be facing, a cost of $400 billion. When regard to the President’s so-called pre- tration made a lot more mistakes than the bill finally came up for a vote, the scription drug plan. They realize that these, Mr. Speaker. The President Bush administration said the total cost the President’s law was a mistake be- made a big mistake also when he al- of the program would be actually $395 cause it will not help them with the lowed the Medicare Administrator, billion, close to the 400-. But as my col- ever-increasing cost of prescription Tom Scully, to negotiate the final pre- leagues know, last month we learned drugs. I want to use an example be- scription drug legislation on behalf of that the administration’s own analysts cause I know I have talked about this the administration here on Capitol had concluded repeatedly that the drug many times on the floor about how the Hill. At the same time that Mr. Scully benefit could cost $100 billion more so-called prescription drug bill will not was the Medicare Administrator nego- than what they said publicly at the really benefit most senior citizens. tiating the legislation, he was also ne- time, not $400 billion, but $500 billion, a gotiating a new job with various com- big increase, about a 20 percent in- b 1515 panies representing health care inter- crease, but they never made that infor- If one would consider a senior who ests that stand to make millions from mation public until the bill was signed now pays about $1,000 a year on pre- this Medicare law. Tom Scully did not into law. scription drugs, who will pay at least do this, as I said, outside. He was doing The individual who was the chief $857 a year out of pocket under the this at the same time that he was ne- Medicare actuary, Richard Foster, at President’s law, seniors with a bill of gotiating the Medicare bill. the time did come forward and say that $5,000 a year will still pay at least And one might say to oneself, how the administration knew and that he $3,920 under the President’s Medicare does he do that? How does someone knew at the time when the bill was bill, and as we can see, the problem who is in charge of Medicare in the being voted on that the true cost would with the President’s bill is that they Bush administration end up basically be $100 billion more, that it would be are going to have to pay so much negotiating a job for himself with 500- instead of $400 billion, but he was money out of pocket to get any kind of those same interests that are now warned that he would be fired if he told a meager benefit that for most seniors looking for some benefit in the Medi- his colleagues here in the House the it is simply not worth the effort. care bill? And the reason is because he truth; so he never told us. And I know from being back in my received a waiver from the Bush ad- So here we go again. What kind of district in New Jersey for the 2-week ministration that allowed him to par- mistakes did President Bush make in break that the seniors see the minus- ticipate in job negotiations while he the context of this Medicare bill? Quite cule help that they would receive under was negotiating the Medicare bill. I a few. In this case he knew, or at least this legislation, and they realize that would maintain that that is not only a the administration knew, that this in- it is really not them, but the pharma- conflict of interest, but also another formation was available about the true ceuticals who are benefiting from the mistake in the context of this Medi- cost, but they probably also knew that law because of all the profit that the care legislation that President Bush if that cost had come out, it would kill pharmaceutical companies plan to made. their chances for passing the bill. So make. And as I have said before, one of Administration officials should not essentially they kept the facts from the reasons why the pharmaceuticals be allowed to interview and go on job coming out, and one could argue that were so involved in this prescription searches with the companies at the the House made a mistake in passing drug legislation was because they same time that they are working on the bill because it was based on misin- wanted to make sure that the govern- legislation that directly impacts these formation, another mistake that the ment did not do anything to lower the companies. That is why we have laws President made which contributed to price of prescription drugs, because if that bar that as a conflict of interest, the big mistake of this Medicare bill the government got involved in negoti- and it should not have been waived. when it finally passed. ating to lower prices, as does the gov- That was a mistake of the President. I just mentioned this because many ernment in almost every other Western President Bush also knew that this of my colleagues on the Democratic nation, they would not see the same Medicare bill he signed into law had side would like to point out some of level of profit that they wanted under passed Congress, in my opinion, under the mistakes that the President made the President’s bill. false pretenses. Members of this House in the last year, and hopefully when he And we, as Democrats, made a point did not know the true cost of the legis- has his next press conference, he will during the debate on the Medicare bill lation, and the reality is we probably have a little more opportunity to talk that we wanted the Secretary of Health never would have known what the true about some of those mistakes. If not, and Human Services or the Medicare costs were were it not for the fact that we can just give him more information Administrator to have the power to ne- the President’s own Medicare actuary ourselves along the lines of the Medi- gotiate better prices, essentially what actually came forward after the legis- care bill, which was a huge mistake. we do now with the Veterans Adminis- lation was passed and detailed what Mr. Speaker, I would also like to tration, what we do with our military the true costs were. But that Medicare bring up some other matters that re- and our military retirees, but because actuary was not allowed to give the late to what I consider the ongoing of the support that the President re- House Members, be they Democrat or credibility problem that President ceives and the Republicans receive Republican, the true costs of this Medi- Bush and his administration faced, and from the prescription drug industry, care legislation when we were voting there are many. There are many cases that would not happen. That was not and negotiating the bill because essen- where information has been given out going to happen. tially this actuary was told that his that is essentially misleading, that In effect, what was written into the job would be threatened, he might be Congress relies upon it, as it did in the law was a clause that specifically said fired, or he would be fired if he gave case of the Medicare bill, or in the that the Secretary of Health and out the real information about the cost case, one of the biggest that I would Human Services and the Medicare Ad- of the Medicare bill. mention, is the Iraq War. We know now ministrator could not negotiate lower Last year when Republicans were that much of the information that was prices. That was prohibited by law. I writing their version of the prescrip- given to the Congress and they used in

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE H2242 CONGRESSIONAL RECORD — HOUSE April 21, 2004 making a decision to go to war and to after the initial U.S. incursion in Iraq. dent and his administration included in pass a resolution to authorize the war We know what happened when the U.S. their public comments. If the Members was essentially misleading, informa- first went to war. We know that it was are interested in reading this com- tion about the threat from Iraq, about largely successful in a very short pe- prehensive report, they can find it, and the weapons of mass destruction, about riod of time. But what planning was I will give out the information at links that did not exist between Iraq done about the aftermath after the ini- www.reform.house.gov/min. tial incursion and after essentially and Saddam Hussein and al Qaeda and b 1530 those that bombed the World Trade Saddam Hussein and his forces were de- Center on 9/11. And I would like to talk feated and forced to flee? President We can go into that a little more if a little bit about the President’s credi- Bush and his national security team some of my colleagues want to. But the bility gap with regard to the war in assured the world that Iraq would be a bottom line is that this misinforma- Iraq. swift and easy mission where U.S. tion that was given out seriously Again, some of my colleagues men- troops would be greeted as liberators. makes us question the credibility of tioned earlier that 100 of our U.S. sol- This assessment proved dead wrong and this administration and what they diers have died this month, and not is now costing Americans greatly in were doing then and now in terms of that I want to emphasize that, because terms of lives, funding, and inter- the future and what we are doing in I certainly do not, but I do think that national support. And I do not think Iraq. this credibility gap has cost lives, and there is any question when we listen to I see that some of my colleagues have it is not just something that we can some of what has come out the last few arrived. I would like to yield to the sort of toss aside and say, okay, well, weeks both before the 9/11 Commission gentleman from Washington, who has we had this misinformation, and what and other venues that the Bush admin- been down on the floor on a regular was the impact? It had a major impact istration was caught off guard. basis talking about this issue of credi- on our decision to go to war and upon Secretary of Defense Rumsfeld said bility, particularly with regard to the the people who have lost their lives or last week that he was surprised by the war in Iraq. I thank him for joining us have been injured during the war. recent level of violence in Iraq. Sec- this afternoon. As concerns rise about the lack of retary Rumsfeld said, ‘‘If you said to Mr. MCDERMOTT. Mr. Speaker, I planning for the war in Iraq, it is imme a year ago, describe the situation want to thank the gentleman from New portant that we determine how Amer- you would be in today 1 year later, I Jersey for coming out here and giving ica got into the mess in Iraq, and prob- don’t know many people who would us an opportunity to talk about the ably even more important, because have described it. I would not have de- abuses of power of this administration. that is the past, how are we going to scribed it the way it happens to be I think we have had so many that it get out? Concern about the situation in today.’’ Those are Secretary Rums- is really hard. You sit in your office Iraq crosses party lines. The House Re- feld’s very words. and say, which one should I come out publican leadership continues to block The fact is that the Bush administra- here and talk about? Well, the most re- any congressional oversight. And, Mr. tion was warned before the war of the cent and striking one to me was on ‘‘60 Speaker, we have heard some of my possibility that events might not play Minutes’’ last Sunday night when they colleagues on the Democratic side of out as well as the administration was talked about the book by Mr. Wood- the aisle talk earlier this day during telling Congress and the American peo- ward in which he describes the run-up the Special Orders about the need for ple. General Anthony Zinni, the former to the war. congressional oversight. CENTCOM Commander, questioned Now, anybody who knows anything We have congressional oversight on how the escalating war in Iraq could about the Congress knows it is our job everything. I am the ranking member have caught Rumsfeld off guard, and to collect the taxes. I sit on the Com- on the Subcommittee on Fisheries, General Zinni said that he was sur- mittee on Ways and Means. We collect Conservation, Wildlife and Oceans. We prised that Secretary Rumsfeld was the taxes, and then the Committee on have congressional oversight on what surprised, because General Zinni said a Appropriations says this is how it is the agencies do with regard to fisheries lot of other people were telling him going to be spent, and the President is management. If that is true, why that it was going to be similar to what supposed to spend it that way. He does would we not have it for something so we are now seeing. not have the freedom to just spend it important like the war in Iraq? The administration’s coalition of the anywhere he wants. Otherwise, what do The House Committee on Armed willing is quickly unraveling, meaning you need a Congress for? Why do you Services and the House Committee on more burdens on American troops. We not just give him the money and say, International Relations are not holding had Secretary Rumsfeld saying that Mr. President, do whatever you want? hearings to ask important questions this was going to be quick, and our If it looks good to you, buy it. Do it. that must be asked about the Bush ad- troops were not going to have to be See if you cannot make it work. ministration with regard to the war in there that long essentially. But obvi- So with that background, the revela- Iraq. Essentially House Republicans ously the opposite is the case. The coa- tions that came out of this book on are allowing the President and his ad- lition of the willing, of those forces Sunday on ‘‘60 Minutes’’ were abso- ministration to do anything they want from other countries that are willing lutely mind-boggling. The President in Iraq, no questions asked. And I just to support us, seem to be dissipating. secretly diverted $700 million from the find that simply unacceptable given Spain, Honduras, and the Dominican war on terror in Afghanistan to begin the responsibility of this House and the Republic have announced plans to building airstrips in Kuwait, starting a committees of jurisdiction to have withdraw troops as soon as possible. war that nobody knew anything about, oversight over any important matter Poland is also considering withdrawing that was hidden totally from view. that we deal with. from Iraq. Lacking troop support from They took $700 million appropriated for Yesterday in the other Chamber, the other countries, about 20,000 American dealing with the war on terror. Foreign Relations Committee held a soldiers who were due to come home We just had two enormous buildings hearing where Members of both parties will now have their tours extended, in New York knocked down and the asked the tough questions about Iraq. breaking a Pentagon commitment to Pentagon attacked, we were over there Yet here in the House, Republicans limit assignments in Iraq to 12 months. trying to find Osama bin Laden, and have completely abdicated their power Again, the President’s credibility is at the President decided, on his own, I do to President Bush and essentially said stake. not know, sitting there talking to I do that he as Commander-in-Chief can do Mr. Speaker, this is not a war that not know whom, maybe he was pray- anything he wants without any over- we had to fight. It comes from an ad- ing, for all I know, and he came up and sight. ministration that from its very first said, I am going to use $700 million to Mr. Speaker, the problems in Iraq, I days in the White House was preparing start a war in Iraq. Now, the question believe, are the direct result of the to take out Saddam Hussein. And I join is whether that is not only not con- Bush administration’s failure to ade- my colleagues here today to highlight stitutional, but whether it is illegal for quately plan for what would happen the misrepresentations that the Presi- the President to have done that,

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE April 21, 2004 CONGRESSIONAL RECORD — HOUSE H2243 whether he has broken the law, and we Yet we are now mired down in the tion-building, who knew it was Amer- hear nothing of it. war, and the question is, how do we get ica he was talking about? So as we talk Ask yourself just for a minute, what out of it? The fact was that the State about the $700 million of allocated would $700 million have bought in Af- Department predicted all of this in a money, where it went from Afghani- ghanistan? It is fascinating. Just today big study, and the War Department stan to Iraq and the theater of war, we the Pentagon came out and said it just ignored it. have allocated well over $150 billion to needs another $700 million to keep Mr. EMANUEL. Mr. Speaker, if my that mission, of which $20 billion is for 20,000 troops in Iraq for another 90 colleague would yield for a minute, you rebuilding Iraq’s society, and we have days. So effectively what the President talk about the misappropriated or made a commitment. of the United States did was, in the misallocated $700 million. One of the What worries me, because the Amer- middle of this war on terrorism in Af- issues that I have repeatedly talked ican people have been very generous ghanistan, he said, I am taking $700 about, and I think has come to affect and have been very committed, what million, I am taking 20,000 troops for 90 all Americans, is larger than the $700 worries me is when you start to talk days out of the country. I am reducing million, although that is an adequate about a future for Iraq and their chil- our ability to deal with the war in Af- question, and it is we passed a budget dren that is better than the one we are ghanistan, because I want to start this here for $2.3 trillion that had a $500 bil- providing here at home for our own war over in Iraq. lion deficit here at home; and in that families and our own children. We will It was not inconsequential what he budget, there were some priorities set continue to be generous, we will con- did. Remember, this is when the Sec- for America. But it is very interesting tinue to provide, but we have retary of War, Mr. Rumsfeld, was quick how you contrast those priorities for misallocated, in my view, billions of to point out that they knew, it was not Iraq, which I think raises a lot of ques- dollars. The $700 million on the war even close, that we suspect or anything tions about the misappropriated values front in building an airport in Kuwait else, we knew that bin Laden was hid- by this administration. is only the tip of the iceberg, in my ing in the Tora Bora area of Afghani- I will give you an example. In the view, of the misallocated dollars that stan. Right in the middle of our dealing area of health care, in Iraq there are raises real questions about the com- with Tora Bora, the President says, 150 clinics that have been rebuilt, serv- mitment. hey, Rumsfeld, out of my way. I want ing 3 million Iraqis that provide 100 When you look at the two budgets, that money, and I want to put it over percent prenatal care and infant cov- the one here at home for America and here. erage in Iraq. In America, there are 43 America’s future and the one in Iraq, Now, we were still in the shock of the million uninsured Americans, of which you realize this administration is not attacks of 9/11, and all America 10 million are uninsured American only running two sets of books but watched and waited for the word that children of parents who work full-time. they have two principles and two value bin Laden would harm us no longer. In the President’s budget, we have cut systems. We need to have the same val- The President still has not found bin the dollars for health care training for ues at home that we are talking about Laden. He still is out there, still orga- doctors and nurses and professionals. for Iraq, the same type of investments we are talking about, law enforcement, nizing, still sending out tapes, still If you expand that, in the area of vet- education, health care, the environ- having impact on us. And the President erans, we have provided Iraqi veterans $60 million for job training. Yet in the ment, policing; and we need to make decided, I am tired of this, I do not United States, the President’s budget that commitment here so the Amer- want to chase bin Laden anymore. Be- cuts $257 million for medical care for ican people maintain that the future cause when this was happening, right American veterans. for their families and their children is in the middle of having him located in In the area of education, we built one for a good tomorrow, a better to- Tora Bora, the President said, I have 2,300 schools in Iraq, rebuilt and refur- morrow, not one that is less than the lost interest in this, and I am going bished the schools. Yet in America, one we are talking about overseas. somewhere else. under the President’s budget, $8 billion Mr. PALLONE. Mr. Speaker, if I Now, he acted unilaterally and with- for Leave No Child Behind has been un- could reclaim my time, I just want to out the Congress or the people of the derfunded by this year alone. stress, if I can briefly, that this did not United States understanding what he is Iraqi universities are receiving $20 have to be. I do not want to keep talk- doing. The President reduced Amer- million for higher education job training about the past, because I believe ica’s resources in the hunt at the very ing, yet Pell grants here in the United the President made a huge mistake in moment when we had the best informa- States, the biggest assistance for going to war. But it was not only that tion about where bin Laden was. Americans to go to college, have been he made the mistake. It is also the way Now we are talking about maybe he frozen for 3 years in a row while college he went about it, and, even more so, is in the border areas with Pakistan, or costs have risen by 10 percent on aver- the way he continues to go about it. maybe he is here, maybe he is there. age. Not only would we have saved tre- We knew apparently where he was at In the area of law enforcement, the mendous resources if we had not gone that point, but the President was not President has dedicated $500 million for to war, as well as the lives of those who interested in getting him, I guess. I do training of law enforcement and the have been lost, but also if this had been not know. police in Iraq. As you know, they did done in an effort to try to internation- He must have a short attention span not perform too well the last 2 weeks. alize the war, so that we had our allies to just say I am going to walk away Yet the President’s own budget for the not only fighting the burden in terms from this. My belief is that unilater- United States cut $657 million for the of their own soldiers, but also the bur- ally reducing American resources in police program to train our police on den of the cost of the war, which was the hunt for bin Laden really raises community policing on America’s what was done in the case of Bosnia questions the President must face with streets. and the Persian Gulf War before. I was the families of every 9/11 victim and In the area of housing, $470 million here, so I remember. But not only did with the Congress and with the Amer- has been allocated for Iraq’s housing the President not want to do that, but ican people and the mothers and fa- program, yet we have cut $700 million he continues along the same path. thers and brothers and sisters and hus- out of section 8 here at home for our I know he is saying he is going to go bands and wives of the 700 Americans housing. to the United Nations; but the atti- who have died in Iraq. It is true about the environment, one tude, and, in my opinion, the arrogance What was he thinking about? Now, last area. We are rebuilding all of of the President and the administra- none of us think that the President was Iraq’s water and sewage for drinking tion in wanting to go it alone, even stupid, none of us think that Rumsfeld water to the tune of $3.6 billion, yet when they talk about going to the is dumb. But the question is, why were the revolving fund in the United States U.N., it does not seem real. I think that they so intent on going to Iraq? It for water treatment and drinking is why countries like Spain and some clearly was not about weapons of mass water has been cut by $500 million. of these others are pulling out. destruction. It clearly was not about al When the President said in 2000, not In other words, instead of seeing Qaeda. There is no connection. said, he declared he was opposed to na- countries get more involved, not only

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE H2244 CONGRESSIONAL RECORD — HOUSE April 21, 2004 in terms of men but also resources, we versity professors, doctors, lawyers, ev- died this month. They have not learned see less. I think that continues. I really erybody, they threw them out of work. anything from their mistakes. They question, as much as I would like to They threw the whole country out of continue to make them because they see and I think this needs to be, that work. And then they are surprised by are arrogant. They think because they the U.N. needs to get into Iraq and the the chaos. are from the United States, and they situation needs to be internationalized. Now, it would be bad enough, as that come over with all this knowledge in This whole idea of other countries was a long time ago, but the viceroy we their head, that they could not pos- sharing the burden is very much, I put in there, Mr. Bremer continues to sibly know anything about what was think, something that the President do these stupid things on his own. I was exactly the right thing to do. opposes. talking to some people who are in Iraq We are doomed as long as the Presi- Mr. EMANUEL. Mr. Speaker, I know at the moment who said it is abso- dent of the United States and Mr. we want to get back to our friend from lutely inconceivable that he shut down Bremer and Mr. Rumsfeld and Mr. Washington State, but people remem- a newspaper. Wolfowitz who cannot ever reexamine ber in the first Gulf War, which cost $60 Mr. EMANUEL. Mr. Speaker, if the what they have done are in control. We billion, the United States paid $5 bil- gentleman will yield, he did not do have no chance if they do not go to the lion of that $60 billion and we were part these things on his own. United Nations and get the United Na- of a larger international effort that in- Mr. MCDERMOTT. Mr. Bremer? tions actively involved and in control cluded members of the armed services Mr. EMANUEL. Mr. Speaker, he is in so that the United States is not the of Syria, Egypt, and other Arab-Mus- constant contact with both the State sole occupying force. lim countries. Today we are bearing 95 Department, the White House, and De- There is a wonderful article in the percent of the cost and well over 90 per- fense. Atlantic Monthly by James Fallows cent of the, shall we say, the blood and Mr. MCDERMOTT. Mr. Speaker, he that I think everybody ought to read the force presence in Iraq. So the con- never talked to the Iraqi Governing from almost 6 months ago that lays it trast is stark. Council. No Iraqi would have given him all out. It is called ‘‘Blind into Bagh- What is also stark is if you look at that advice. I mean, it is the Presi- dad.’’ It is a statement about every both the war in Kuwait, the first time, dent’s mistake for putting a guy like mistake we have made. And we still Bosnia, Kosovo, East Timor, all have that there. continue to make them, and our kids been very successful strategies in the Mr. EMANUEL. Mr. Speaker, my col- are dying. That is the worst part. league is obviously referring to the post-Cold War era, where America with Mr. PALLONE. Mr. Speaker, I want mistakes the President was asked at its allies fought the war, but America to thank the gentleman for his com- his press conference, and he could not was a partner in the rebuilding of the ments and certainly join in them, be- think of a mistake. society. And it worked successfully, es- cause I think you have it right on The first lesson in life your parents pecially in Bosnia, Kosovo and East point that this administration simply teach you and your first grade teacher Timor. is not capable of conducting this war. teaches is one learns from their mis- Why you would take a successful Whether you are for the war, which I takes. That is the first lesson in life. playbook like that, throw it out, when voted against it, or you are against it, Usually by 8 in the morning my wife everybody, regardless of what their po- it does not matter. Bottom line is the has identified four of them for me. By sition was on the war prior to the war, administration is just not capable of 5 when I am heading home, I come to everybody said the war would be easy, carrying it out. the conclusion she may have some- the peace would be hard, you need a I now yield to the gentlewoman from plan. How you commit 150,000 to 175,000 thing there. California (Ms. LEE), who has been one American troops, $180 billion worth of But to not have known, as my colleague identified four in literally a of the most vocal persons on the Iraq our resources, and not have had a plan war from the very beginning. I appre- on the peace, this was not Monday minute, the first lesson is you learn from your mistakes. Saying that he ciate what she has been saying for the morning coaching. Everybody knew last few years. that peace would be hard and that you cannot think of one is why we got the Ms. LEE. Mr. Speaker, let me thank went to war with no plan, when Demo- situation we got both in the war and on the gentleman from New Jersey (Mr. crats and some Republicans, but all terror. In 3 years 3 wars, and he cannot PALLONE) for his continuing leadership Democrats, regardless of what their po- think of one thing he would do dif- and his quest to pursue the truth. Our sition was, said the war will not be ferent, even if he did not want to call democracy is standing at a crossroads, hard, it will be the peace and rebuild- it a mistake. and he is helping us move in the cor- ing once you own it that will be hard. Mr. MCDERMOTT. This most recent rect direction. Hopefully we are not too And you did it without that, when the one I spoke about, this closing this late. President has an obligation to have newspaper, now, we are bringing them I also want to thank the distin- asked questions. Not to have asked democracy, right? Free speech. News- guished chair of the Congressional questions and not have a plan was a papers should be able to say whatever Black Caucus, the gentleman from miscarriage of responsibility, in my they want to say. Well, we do not like Maryland (Mr. CUMMINGS), for being a view. somebody, so we go over and shut it down. These Iraqis say, hey, what is leader on this issue and on so many b 1545 this about? I thought we had free issues that we are confronted with here Mr. MCDERMOTT. Mr. Speaker, one speech now that we had democracy. in our country and for continuing to of the things that the gentleman from Now, clearly we want them to have try and every week now attempt to New Jersey (Mr. PALLONE) raised was free speech as long as they say what we wake up America. the issue of arrogance. And certainly it want them to say. The conflagration And at this moment in time, our Na- takes a certain amount of self-con- that has come out of the Shia commu- tion is confronting a growing credi- fidence to be a national leader. I mean, nity was provoked by Mr. Bremer. That bility gap from the highest reaches of a President has to be a confident per- did not come from the outside. It did power. So I am glad that my colleague son and act confident and so forth. But not come from foreigners. It came from continues to keep on this because there there are times when one needs to ask the United States Government going in is no way we should rest until the gap forgiveness for making mistakes. and saying, you shut your mouth. between the administration’s rhetoric This administration has absolutely We put gasoline on the fire of a guy and reality become closer together. I blanket not asked for a bit of forgive- who was a nobody. He had been talking think people deserve to know the ness on anything. The dismantling of 6 months before, and he lost all of his truth. the entire Army they now say was a oomph. So we go down and throw some Let me just first start by talking terrible mistake. The dismantling of gasoline on the embers, and now we about the ongoing tragedy in Iraq. I the police was a terrible mistake. The have a flame. would also like to talk about how this dismantling and driving out everybody We have the worst month we have pattern of distortion about the most who was a Ba’ath Party member, uni- had in the entire war. More people have fundamental issues of war and peace is

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE April 21, 2004 CONGRESSIONAL RECORD — HOUSE H2245 really reflected in other foreign and do- But their questions and voices were si- We see here there is really a growing mestic policies also. This is a very con- lenced, which, again, is a pattern that and very clear credibility gap. Also sistent kind of trend that we are see- we have noticed with this administra- this extends far beyond Iraq. Let us ing. tion. Their shades of gray were re- look at Haiti, for example, where the In Iraq, first of all, we have to begin painted in stark black and white. So it administration claimed it was defend- by recognizing that the latest and on- is not just that mistakes were made, I ing democracy while, in fact, it was un- going tragedies really, once again, believe the choices, deliberate choices dermining that democracy and engag- cause us to pause in terms of the ter- were made. ing in regime change by other means. rible loss of life and in a conflict that Secondly, we have the issue of al- That is why we need an independent is escalating every day out of control. leged Iraqi connections to al Qaeda. mission to investigate just what was So our thoughts and our prayers go out Nothing could frighten Americans the role of the United States Govern- to all of those who have lost loved ones more than this combination of Iraq ment in the overthrow of the demo- or who really anxiously now watch the with its supposed nuclear weapons and cratically elected Government of Haiti. news each night, each terrified night, al Qaeda with its proven terrorist agen- That is also why we still need a truly actually, and worry about what they da. independent commission to investigate might hear. President Bush said that Iraq was the the use and misuse of intelligence in The chaos in Iraq today is a direct central front on the war on terror. The the war in Iraq. contradiction to the picture painted by President also said ‘‘You cannot distin- And this same pattern of saying one the administration before and during guish between al Qaeda and Saddam.’’ thing and doing another really per- this war. When it comes to Iraq, we see The administration could and should meates the domestic agenda of this ad- an enormous gap between the truth and have been able to distinguish between ministration. The President said his the administration’s message to the al Qaeda and Iraq. tax cuts for the rich would create jobs, American people, the Congress, and the And many argue that the war in Iraq yet we have seen around 3 million jobs has seriously, seriously undermined world. As the Carnegie Endowment for disappear in our country. He said the our efforts to bring al Qaeda to justice International Peace, also our ranking majority of those tax cuts would go to and to make our people and our coun- member of the House Committee on those at the bottom end of the spec- try safe. In fact, it appears that be- Government Reform, the gentleman trum. Instead the top 1 percent of earn- cause of the Bush administration’s from California (Mr. WAXMAN) and ers reap over a third of tax benefits all policies, terrorists are now consoli- many others have found, this credi- by themselves. bility gap on Iraq emerges especially in dating forces. That is now. That did b 1600 terms of claims about weapons of mass not happen 4 years ago. Finally, regarding credibility in Iraq, destruction, claims about Iraqi connec- Of course, we know the President there is the question of how long the tions to al Qaeda, and claims about said we would have greater resources war would take and how much it would how much the war would cost and how for education. What has happened to cost in terms of blood and our treasure. long it would take. Leave No Child Behind: 9.4 billion-plus Before the war, Vice President CHENEY For instance, on the weapons of mass underfunded. Leave No Child Behind predicted that the conflict would be destruction before the war, Vice Presi- has been a shame and disgrace. measured in weeks, this is what he dent CHENEY stated that we believe I will conclude by saying that we said, rather than months. Well, it has Saddam Hussein has, in fact, reconsti- need to also look at the credibility gap been over 56 weeks since the fighting tuted nuclear weapons. Before the war as it relates to another life-and-death started. Our casualties are still rising, President Bush said that Iraq was buy- issue and that is the HIV/AIDS pan- and our troops are continually being ing aluminum tubes and African ura- demic. In 1998, the Congressional Black told to expect longer and longer tours nium for nuclear weapons. Secretary of Caucus and the Clinton administration of duty. worked together to establish the Mi- State Colin Powell said, and these are White House Budget Director Mitch nority AIDS Initiative, but of course quotes mind you, that by conservative Daniels predicted in April of 2003 that since President Bush came in, despite estimates, he said, Iraq today has a Iraq would be an affordable, he said, an the growing trends of infection in the stockpile of between 100 and 500 tons of affordable endeavor that will not re- African American rate, which today ac- chemical weapons agent. Secretary of quire sustained aid. This is coming counts for 39 percent of AIDS cases, de- Defense Donald Rumsfeld stated that from the administration, the White spite the fact that only 12 percent of Saddam Hussein has another, quote, House. ‘‘large unaccounted for stockpiles of When White House Economic Advisor our population is African American, chemical and biological weapons and Larry Lindsey dared to speak the truth once again he talks about increasing an active program to acquire and de- and estimated that the war would cost funding, but we cannot even seem to velop nuclear weapons.’’ between $100 and $200 billion a year. get the additional money not only for Now, all of these statements are Remember, he got fired. domestic AIDS programs but also for frightening, and they present a por- If you downplay the cost of war in our international programs. It con- trait of an Iraqi Government that pos- dollars and lives, then you deceive the tinues to be 600 million-plus under- sessed enormous stockpiles of chemical American people, and that is what has funded. and biological weapons and even nu- happened. If we refuse to plan for post- Let me conclude by saying that I be- clear weapons. Well, even the adminis- war chaos, then you will be poorly pre- lieve this country is deeply divided tration’s chief weapons inspector David pared to deal with it, and our young today. Actually, it is more divided Kay said, ‘‘We were almost all wrong.’’ men and women and other Iraqis and than when President Bush came in Well, the fact is there were many other international workers will die. even though he said he would be a people who were not wrong, many In May of 2003, President Bush landed uniter, not a divider. I think we must countries who were not wrong, from on that aircraft carrier under the ban- once again communicate directly to Members of Congress who voted for my ner of ‘‘Mission Accomplished.’’ Well, the American people what we know and amendment that would have rejected then, I ask why are American soldiers that is the fact that their tax dollars the war and would have said the U.N. still dying, and why is it Iraq is still in are going from misplaced priorities of inspections process should move for- chaos? waging war rather than securing peace, ward, that is the way we find and de- Why does the Washington Post, I be- waging a PR campaign to try to instill stroy weapons of mass destruction, to lieve it was this morning, why does the in the American people these notions IAEA Director Mohammed el-Baradei Washington Post predict that the ad- of facts that they want us to believe, who challenged the administration’s ministration will come back right they want people to believe, when real- interpretation. here, must come back to Congress, and ly they are not fact. They are really In fact, it has really become increas- will come back for money for the esca- distortions put mildly and, in fact, a ingly clear that there were voices in- lating war on top of the $166 billion al- way to boost the foundation and the side the United States Intelligence ready authorized, and also that is on debate and the rationale for waging Community who also raised questions. top of the $420 billion defense budget? war which, unfortunately, has cost the

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE H2246 CONGRESSIONAL RECORD — HOUSE April 21, 2004 lives of hundreds of our young men and party, the Chair of the Foreign Rela- Mr. Speaker, I yield to the gentleman women. tions committee, has ever heard stern- from Maryland (Mr. CUMMINGS). I thank the gentleman for once again er words from a member of his own Mr. CUMMINGS. Mr. Speaker, I rise giving us this opportunity to try to party. The Congress is no better in- this afternoon in solemn recognition of convey what we know to the American formed than the general public about all the soldiers who have lost their people. I want to thank the Congres- where we are going and how we will get lives or who have been injured in the sional Black Caucus for continuing to there because this President has re- war on Iraq. I want to thank the gen- be the conscience of the Congress and fused to come forward. tleman from New Jersey (Mr. PALLONE) for pushing this information forward so Mr. Wolfowitz came forward yester- and the Congressional Black Caucus hopefully we will be able to save our day and his half-hour speech was about who stood up for our soldiers in this democracy and save our young men demonizing the demon, the demon that war. and women from more injuries and has a hundred percent demonization As I am sure you are aware, Mr. more deaths abroad. from all the American people without Speaker, April has been one of the Mr. PALLONE. Mr. Speaker, I want giving us any sense of what the Presi- deadliest months in the war in Iraq. to thank the gentlewoman, and I want dent’s plans were for stabilizing Iraq, Approximately 100 troops have lost to thank the members of the Congres- for getting out of Iraq, for turning over their lives and countless others have sional Black Caucus for this ongoing power to somebody in Iraq. been injured in the escalating violence. debate that they have been putting I have been asked recently by the I continue to pray for the families of forth about the President’s credibility press about these coffins that no one the deceased and wounded and for the gap, whether it relates to the war in can see at Dover, Delaware. I think safe return of those fighting in the Iraq or other issues that have been that is a matter for the family. If the Iraqi desert. raised. family wants to be in Dover, the family Mr. Speaker, as Members of Congress I just want to mention I think there should be in Dover. If the family wants we must ask the crucial questions that are about 11 minutes left, and I do not the hometown newspaper to be in go to the heart of our mission in Iraq, know how many other speakers there Dover, they should be in Dover. No one namely, Mr. Speaker, we have the re- are. I think there are maybe three. should be telling the people that you sponsibility to our constituents and to Please keep that in mind, we have 11 or cannot come to Dover to get your own our American servicemen and -women 12 minutes. folks. What is happening is that the ad- to ask what is the strategy for return- Mr. Speaker, I yield to the gentle- ministration believes it can hide the ing Iraqi governance to the Iraqi peo- woman from Washington, D.C. policy by hiding coffins. It will not ple. How long are our troops expected Ms. NORTON. Mr. Speaker, I thank work. to be in Iraq and at what cost in Amer- the gentleman from New Jersey (Mr. This administration was willing to ican tax dollars and human loss of life embed photographers and reporters in PALLONE), and I thank the Chair of our must we expend? the scenes of battle because they want- Just last week, the President held a own Black Caucus for his leadership in ed the American people to be with prime-time press conference to address coming forward. I will try to be as brief as possible so them in battle. But they are not will- the concerns of the American people everyone can speak. I do want to say ing to let us see folks who want to be regarding the United States occupation with their folks when they come home. of Iraq and the resulting loss of life. that as we reach more than 700 Ameri- They want us to see the mission, but President Bush told the American peo- cans now killed in Iraq, more than they do not want to let us see the cost ple that we must unequivocally stay were killed in the taking of Iraq itself, of the mission. the course. But I must ask, Mr. Speak- we have the obligation to come to the It is very scary to hear these folks er, is this really a course worth stay- floor as we have, even if the President act as though this is a bunch of thugs. ing? And most courses have an end. On did not fulfill his obligation to tell us There have got to be thugs about them, our current course, Iraq Shiites have what we need to know, because we have but this is an uprising. When you see it now joined forces with the Sunnis to an obligation to ask the hard questions here and everywhere, them fighting fight against the United States occupa- and to pose those questions for the back the way you saw them fighting tion of their country. American people. back in Vietnam and World War II, this Mr. Speaker, the irony of this situa- The largest question in my mind has is a battle. This means we do not have tion is that the United States expected to do with money. This President has this place under control. We wake up the Iraqi Shiite majority to be the said he will not come to the Congress each morning, and there is some new most grateful to the United States for for more money until January. Does coordinated attack. This time, bomb liberating them from years of oppres- something not seem strange about that attacks in three different places on no sion. But now they are literally united date to you? As we are about to send less than police stations. with their former oppressors against more troops to Iraq, as we were told Ultimately, I am going to continue the United States. when the $87 billion was before us that to look for ways that we can help our Mr. Speaker, on our current course, this was all they would need, is it cred- country, but if I were to be absolutely our servicemen and -women do not ible to say that we can go until Janu- truthful, I would have to say that I do have the necessary equipment and sup- ary without any sense that there may not think the United States is going to port necessary to succeed in their mis- be more money needed? Particularly get back its credibility, is going to sion and furthermore to protect their since Members have gone to Iraq and draw allies to us from NATO or any- own lives. Week after week I hear from told us that members in the service are place else until we start with a new my constituents and others in the mili- wanting for equipment, the very equip- President of the United States. tary that are lacking the proper re- ment that could mean the difference Mr. PALLONE. Mr. Speaker, I agree sources despite the fact that they face between life and death. with the gentlewoman. I was thinking real and present dangers every day. This is the question we should pose about this whole idea of getting our al- When I hear these stories I am com- over and over again. Is there enough lies involved, and what immediately pletely baffled. This Congress recently money? Are there enough troops? And comes to mind is after the initial in- appropriated $87 billion in addition to this without saying, I told you so, be- cursion the U.S. had essentially routed the $79 billion in an original funding cause, indeed, we did tell him so; but it the Iraqi Army and Saddam Hussein request for the war efforts in Iraq and looks as though if these troops do not had fled. If you remember, both France Afghanistan. And we were assured that have what they need that we are going and Germany offered at that point to these monies were being used to supply to be sacrificing the lives of troops get involved in the rebuilding of Iraq, the troops with equipment and other that could have been spared had they and the President said absolutely not. needs. been given what they were entitled to He did not want them involved in any At that time, I came to the House there. This is not a question that the way. That is the kind of arrogance we floor to request a full and complete ac- Members on the floor are raising. face. I think if we do not have a change counting of what the funds would be No one who heard Mr. LUGAR yester- of leadership at the top, there is no used for and received no such report- day, a member of the President’s own way to conduct this war. ing. And now, Mr. Speaker, we see a

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE April 21, 2004 CONGRESSIONAL RECORD — HOUSE H2247 story in today’s Washington Post the war in Vietnam cost us 58,000 lives, So my plea is that let us understand which reads, ‘‘The Army has publicly and so far we have only loss 700 offi- the lessons of Vietnam without having identified nearly $6 billion in funding cially in Iraq. But should that be the first to see 58,000 die. Fifty-eight thou- requests that did not make Bush’s $402 barometer? 58,000 have not died; 58,000 sand should not have to die for us to billion defense budget for 2005, includ- wives, mothers, sisters have not yet understand that we need to work backing $132 million for bolt-on vehicle cried. wards and understand that eventually armor; $879 million for combat hel- But why wait until that happens? we are going to settle this war in Iraq mets, silk-weight underwear, boots and Why not see every human life as being like we settled the complex war in other clothing; $21.5 million for M249 sacred? Every life is sacred. The men Vietnam. squad automatic weapons; and $27 mil- and women who die on the battle field There was an argument about what lion for ammunition magazines, nights give us their total, and we ought to ap- the shape of the table would be. Let us sights and ammo packs. Also unfunded: preciate that by not jeopardizing it for look at the same table they used in $956 million for repairing desert-dam- goals that are questionable. Vietnam, and let us begin right now to aged equipment and $102 million to re- This is a war that should never have negotiate backwards exactly what our place equipment lost in combat.’’ been. This is a war that does not have terms are going to be and how we are Mr. Speaker, the article goes on to much to do with fighting terrorism. going to get out and maintain law and further say, ‘‘The Marine Corps un- b 1615 order. And I am in favor of maintaining funded budget request includes $40 mil- Yes, Saddam Hussein is gone. He is law and order until we do have a strat- lion for body armor, light weight hel- out of office now, and that is a great egy and exit that can leave the people mets and other equipment for ‘Marines benefit for the world, as well as the of Iraq in better shape than we found engaged in the global war on ter- people of Iraq, but is the price worth them. rorism.’ ’’ it? Are we not paying too great a price Let us do it now. Let us share that Mr. Speaker, this is simply out- just to get rid of Saddam Hussein? plan with Members of Congress. Let us rageous. While the President tells the We were never told that was just the share that plan with the public. Let us Nation that we need to stay the course, objective. We were told it was a ques- share power with all of the members of his own budget did not include the tion of weapons of mass destruction, the United Nations Security Council funds necessary to accomplish that and it was a question of Iraq operating and all the members of NATO. Let us goal. in concert with the al Qaeda terrorists. challenge them to come forward and Mr. PALLONE. Mr. Speaker, I want We were told that there were stock- help us bring it into this. We need more to thank the gentleman. We started piles of chemical weapons. We were troops. Let them come from Russia, let this Special Order today talking about told other reasons other than just get- them come from China, let them come the lack of planning and the cost of the ting rid of Saddam Hussein. from France, let them come from Ger- war and how we are getting all kinds of Saddam Hussein is gone. The price is many, but give them the power to help misinformation in that regard, and it too high. We are paying financially make decisions and exit from Iraq be- continues. This is the problem. We are more than $1 billion a week to keep the fore we have 58,000 of our loyal soldiers hearing now the President saying that war in Iraq going. We are building die. he wants to go to the U.N. and inter- schools in Iraq while we are denying f nationalize the war, but we are still construction funds to school districts APPROPRIATING MONEY not getting any adequate information here in America. We are doing a lot of about what the strategy is, what the other things in Iraq which drain money The SPEAKER pro tempore (Mr. cost is going to be. And I think those away from badly needed programs here, BURNS). Under the Speaker’s an- are answers that the American people despite the fact that Iraq has oil depos- nounced policy of January 7, 2003, the want. its which should be able to pay the cost gentleman from Michigan (Mr. SMITH) I think, again, whether you sup- of any rebuilding of Iraq eventually. is recognized for 60 minutes. ported the war in the beginning or you So what do we do at this point? Do Mr. SMITH of Michigan. Mr. Speak- did not, I did not, I know most of us not ask us to keep begging our troops er, today I am going to discuss what who spoke today did not, but that is to remain loyal and steadfast and sac- Congress is doing in the last several not the issue any more. The issue is rifice their lives unless you have an weeks and the next several months, where are we going from here. We are exit strategy, a reason for it. We do not and that is appropriating money. still being given inaccurate informa- want to see 58,000 die. A week or so ago, most of the people tion about where we are going. Our Vietnam memorial wall is one of in the United States were completing Mr. CUMMINGS. Certainly the issue the greatest monuments of its kind. It their tax bills. This is sort of a tutorial is accountability. We simply want ac- does not celebrate one general or a on what happens to the tax dollars of countability. We are asked to appro- handful who led the war. It celebrates American taxpayers and what happens priate large sums of money, but the and makes us remember every indi- to the FICA tax, the payroll deduction question is, where does the money go? vidual who died. All of our war memo- tax, taken out of American workers. Mr. PALLONE. Mr. Speaker, I want rials in the future should do that. I start with a pie chart, if you will, to thank all of our speakers that joined Every individual gave their life for Mr. Speaker, and this pie chart rep- us today. their country, for the cause. Regardless resents how we are spending the $2.4 f of what you think of the cause, they, as trillion that we are budgeting for this individuals, are heroes. We do not want coming year. We see the biggest piece CREDIBILITY GAP another memorial wall of heroes unless of pie is Social Security at 21 percent. The SPEAKER pro tempore (Mr. it is absolutely necessary. The previous speakers were talking BURNS). Under a previous order of the Vietnam turned out not to be nec- about defense. Defense and national se- House, the gentleman from New York essary. The domino theory was not cor- curity, they are probably the prime ob- (Mr. OWENS) is recognized for 5 min- rect. We lost Vietnam, and we still won jectives of the Federal Government utes. the Cold War with the Soviet Union. compared to what State governments Mr. OWENS. Mr. Speaker, in concert We still won the Cold War with the So- do, and yet we have diminished the with the theme that has just preceded viet Union. We did not go on from Viet- share of total Federal spending of de- me in the 1-hour session, I wanted to nam to other areas. fense since World War II down to 20 talk about the credibility of our We have a great affinity and alliance percent of the total expenditures of present administration with respect to with Communist China right now, Federal Government. the war in Iraq also. which baffles me. Why are we so kind I want to especially pay attention to A lot of us have chosen in say that to accommodate China and have so the 14 percent that says interest. The we are into a second Vietnam. And many business dealings with them if interest of the Federal Government there are some people who are quite we fought and died in Vietnam to keep now is $240 billion a year. That is the upset that we compared the war in Iraq communism from extending itself interest that we are paying on the na- to the war in Vietnam. It is true that across the world? tional debt. It is an interest rate that

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE H2248 CONGRESSIONAL RECORD — HOUSE April 21, 2004 is almost at record lows. Alan Green- mostly doctors, $23.2 trillion. Medicare fits, and, look, there are a lot of prob- span, the Chairman of the Fed, said Part D, drugs, the drug program that lems out there. There are a lot of today in testimony that interest rates we passed last November, is now esti- things that need to be doing. So the probably are going to increase. We mated to be $16.6 trillion. Last Novem- question is, how much should govern- know what interest rates are today, a ber when we passed that bill, Tom Sav- ment do? But we now have evolved little over 4 percent for the prime. ings, the same person, estimated the into, if you will, dividing the wealth Compare that to the early 1980s where unfunded liability to be about $7.5 tril- with our tax system where we have 50 interest rates were approaching 12 and lion, and now with the new report that percent of the adult population that 13 percent. has just come out for Medicare and So- now pay less than 1 percent of the in- Now, if we have a 14 percent of the cial Security, the estimate has dra- come taxes in this country. So 50 per- budget, a cost of $240 billion on the in- matically gone up, and that is based on cent pay less than 1 percent of the interest we pay out for this increased the increased cost and the increased come taxes. debt of overspending, that that side of number of people that are expected to What is the natural reaction of some the aisle and this side of the aisle and use the program. of those 50 percent? The natural reac- the Senate and the White House have Then we come to Social Security, So- tion is to elect Members to Congress been overspending, spending more cial Security, a program that was that bring home more pork, that bring money than has been coming in, if in- started in 1934 by Franklin Delano home more benefits, that start more terest rates were to double, and we Roosevelt. We have made promises in social programs, and that is what we continue increasing the size of the excess of the money coming in from are evolving into. debt, it is easy to see that servicing the Social Security tax that amounts I am a Republican, a farmer from that debt is going to be a huge chal- to about $12 trillion. The estimate is Michigan, and we are now doing our lenge, even for a Nation as rich and as between $11.9 trillion and $12.3 trillion Lincoln Day banquets, the Republican prosperous as the United States of that we would have to put into a sav- fund-raising dinners, celebration din- America. ings account today that is going to ners of Lincoln’s birthday. It is the What happens to empires that do not have a return to cover inflation and 165th birthday of Abraham Lincoln. In pay attention to serious problems are the time value of money to accommo- his famous Gettysburg Address, he sort empires that diminish and cannot sur- date the money that is going to have to of expressed a wonder whether a Nation vive. So I suggest, Mr. Speaker, it is so be paid out in future years. So if you of the people, by the people and for the important that we start looking at our want to be really dramatic, you can people can long endure. overspending and our overpromising. say what we are going to need in the b 1630 Briefly, to go around the piece of pie, next 75 years is $120 trillion more than discretionary spending uses up 16 per- is coming in to Social Security to pay And I think that challenge is now be- cent of the budget. Discretionary promised benefits. fore us. spending is what we spend most of the So what are we going to do? Are we We hear other Members talking year doing with our appropriation bills. going to reduce benefits? Are we going about the conflict of this war. Cer- Other entitlement spending, the food to increase taxes? Is it going to be a tainly we have had huge challenges, stamp program, the WIC program, the combination? What we have done his- such as the Civil War. But I would re- welfare program, the other entitlement torically in this country is the com- spectfully suggest that the challenges programs, if you reach a certain age or bination. We have increased taxes and of overspending and overpromising are a certain level of poverty, you are reduced benefits, and I think the dan- probably greater in terms of the sur- automatically entitled to some of ger might be demonstrated by the pre- vival of this great Nation than any of those payments. That is what entitle- dicament that some other countries of those wars. So somehow, how do we get ment programs are. the world now find themselves in. the discipline to try to make changes? Then we have Medicaid, now at 6 per- France, for example, the percentage I chaired the bipartisan Congres- cent of the budget, Medicare at 12 per- of the payroll that is used to finance sional Task Force on Social Security cent of the budget. The projections are the senior citizen population in France and served on the Committee on the that Medicare will overtake Social Se- is now over 50 percent. So you can Budget for 8 years and have sort of curity as far as cost within the next 20 imagine a company or a business try- been on my soapbox, pulling my hair years, and that leads me to the over- ing to compete in world trade that has and complaining about the fact that we promising. one of two choices with that kind of are not dealing with the increased cost Two bad things that Congress does cost coming out of the payroll tax. of Social Security and Medicare and and the administrations for the last 25 They either have to increase the price our reduced ability to pay for that dra- years have done, and that is make a of their product to pay for it, or they matic increase in cost. promise when they do not know where reduce what they are paying to work- This is another demonstration of the the money is coming from, and I call ers. Either way, let us not allow that unfunded liabilities. It just says that if that unfunded liabilities. to happen in the United States. we do not make some changes by 2020, The unfunded liability report that The country of Germany just went 16 years from now, we are going to came out 3 weeks ago, when the actu- over 40 percent in terms of the amount have to take out 28 percent of that pie aries of Social Security and Medicare of payroll tax that is required for their chart that we started out with. We are met, were enormous, and their esti- senior population. I just think it is going to have to use 28 percent of the mate is that the unfunded liabilities, very important that when we talk general fund budget to accommodate to pay for programs that we promised about this unfunded liability, you com- the shortage of money that is needed but do not have the money to pay for, pare it. That is about seven times the to cover those three programs: Med- and so we need extra money on top of total production of the United States, icaid, Medicare and Social Security. By the payroll tax and the FICA tax and the GDP. So it is about seven times 2030 it is going to be over 50 percent the other revenues coming in for those GDP. At a little over $2 trillion a year, that is required of that budget. programs, amounts now to $73.5 tril- that means that we would have to This body and the Senate quite often lion. And remember, what is our budg- come up with the equivalent of about do not deal with problems until the dis- et? Our budget is now $2.3 trillion this 35 years of government spending to ac- aster is almost on us. But the problem year, about $2.4 trillion we are antici- commodate what would need to be put with solving Medicare and Social Secu- pating for next year. in a savings account now. rity is the longer you wait, the more In breaking it down, there are two So why do not we pay attention to drastic the solution is going to have to parts to Medicare. Medicare Part A is some of these huge challenges that are be. mostly the hospitals. Medicare Part A facing this country? Let me give you The Social Security bills that I intro- is projected by Tom Savings, one of the my best guess. duced when I first came to Congress in actuaries of Social Security, and he is Politicians have discovered that they 1993, 1994, and 1995 were much simpler also an actuary of Medicare, he is esti- are more apt to get reelected or elected then because we had surplus money mating $20.8 trillion; Medicare Part B, if they promise more and more bene- coming in from Social Security. Right

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE April 21, 2004 CONGRESSIONAL RECORD — HOUSE H2249 now, this year, coming in from the So- Then the difference between the $7,300 and they start taking out maximum cial Security FICA tax will be $645 bil- and the $44,000 is 32 percent. So 32 per- benefits. lion. What we are using to pay benefits cent of the earnings between the $7,300 The baby boomers that are retiring out of that money coming in is $490 bil- and the $44,200 you get 32 percent of probably will be the most well-off gen- lion. So there is a little surplus there that back, and you only get 15 percent eration that we probably have ever had that we could do something with. But back over the $44,000. in this country, possibly the best well- what we do is we spend it for other gov- Now, what I do in my Social Security off generation that we will ever have in ernment programs. bill to come up with some of this extra this country, considering the fact that My caution is that this money is money, I add what are called ben we are putting a huge burden on future going to be running out in the next 8 or points, but I add another ben point of 5 workers and future retirees by making 10 or 12 years, and at that time we will percent. What that means is that if you more promises than we can afford and have less money coming in from the are a high-wage earner retiree, the in- going deeper into debt. Social Security FICA tax. That is 6.2 crease in your benefits are slowed Social Security spending exceeds tax percent on workers now and 6.2 percent down. So we make it a little more pro- revenues in 2017, and so Social Security on the employer. But, really, if you are gressive and we save some of the trust funds go broke. Technically, if we going to be fair, it all comes out of the money to make the transition to really pay back the $1.4 trillion that we now employee’s pocket when an employer investing some of this money that is owe the Social Security trust fund, has to pay part of it, even though it is coming in and getting a better return then that will allow Social Security to not a deduction on the check of the than the 1.7 percent that the average continue. But the problem is that the employee. retiree gets in Social Security. trust fund contains nothing but IOUs. So here is a time that we have more Let me just mention that early retir- And here is a worse situation, or a money coming in that offers us the op- ees receive adjusted benefits. So the more dangerous situation. The Su- portunity to make changes to the pro- actuaries make the best guess of how preme Court, on two occasions now, gram and use that surplus money com- long the average person is going to has said that no one is entitled to So- ing in. In my Social Security bill that live. So on average, the person that re- cial Security benefits, and it does not I introduced 10 years ago, I did not retires at 62, with a slightly lower ben- make any difference whether you paid quire any extra funds. The Social Secu- efit, is going to receive the same total in social security taxes. Social security rity bill that I have introduced this benefits by the time they die as the in- taxes are simply another tax, is what session requires that we borrow almost dividual that waits to 65 or 66 to start the Supreme Court said; and benefits $1 trillion from outside borrowing to drawing benefits. from Social Security are simply a new accommodate a transition to keep So- And, by the way, if you wait until benefit passed by Congress and signed cial Security solvent for the long run. you are age 66 or 67, there will be a 4 into law by the President. I thought it would be good just to percent increase for each one of those This chart sort of pictorially rep- give sort of a thumbnail impression on years to increase your Social Security resents the demographics of living a chart of the predicament we face in benefits. So if you are jogging, if you longer, of seniors living longer and the Social Security in the future. What are really healthy, it might be in your birthrate going down. So back in 1940, happened with the Greenspan Commis- best interest not only to wait from 62 there were about 36 workers paying in sion in 1983, they decided the way to to 65, but to maybe wait and retire at their Social Security tax for every one solve the Social Security problem and 66 or 67. retiree. By the year 2000, it came down the increased number of seniors in rela- SSI, by the way, does not come out of to three workers. So we dramatically tion to the people and workers paying Social Security. There is a lot of con- increased taxes. The estimate by 2025 is in that money was to raise taxes and cern amongst my constituents in lower that there is going to be two workers reduce benefits. So they said, starting central Michigan who complain about paying in their Social Security tax for in 2001, we would start increasing the those who are receiving Supplemental that growing number of seniors. There retirement age for maximum benefits Security Income payments who do not is going to be two workers paying in from 65 to 67, and they said we are deserve it. But SSI comes out of the their tax to accommodate the Social going to dramatically increase the general fund. Even though the Social Security benefits of every one retiree. taxes that are charged to American Security Administration administers This is a huge challenge in terms of workers by a 20-plus increased percent- and handles that program, it does not putting this kind of pressure on our age on the increase in taxes. come out of the Social Security trust workers, and we talked about what has Here is how Social Security works. fund. happened to the tax rate in countries Benefits are highly progressive. Every- Well, insolvency is certain. We know like France and Germany and the pre- body pays the 12.4 percent tax. If you how many people there are, we know dicament that now Japan is facing are self-employed, you pay it all your- when they are going to retire, we know with their senior population. self. If you have an employer, then, that people will live longer in retire- I did this picture of FDR just to start theoretically, the employer does not ment, we know how much they will pay a discussion of should we have pri- pay you quite so much and the em- in, and we know how much they will vately owned accounts. When Franklin ployer pays 6.2 percent and 6.2 percent take out. Also, the payroll taxes will Delano Roosevelt in 1933 started advo- is deducted from the employee’s wages. not cover benefits starting in 2017. The cating a Social Security System of At retirement, all of a worker’s wages, shortfalls will add up to $120 trillion mandated savings while you are work- up to the tax ceiling, which is now between 2017 and 2075. The $120 trillion ing, to help assure that you will have a $89,000, are indexed to the present value is what we are going to need in future little Social Security instead of going using wage inflation. years. What we need right now is to put over the hill to the poor house when In other words, it is not complicated, $12 trillion in a savings account with you retire, he started out saying that but if wages for a particular job double compounded interest that will grow at individuals should own their own sav- every 12 years, and you were making least at the rate of inflation. ings account, but it should be a law $20,000 12 years ago, then that would be The demographics are what is bring- that they had to put so much money in indexed in the computation of your So- ing this pay-as-you-go program to a it, and that it should be a law that cial Security benefits up to $20,000. So crisis situation. There are 78 million they could not take it out until they it is what that particular job would baby boomers beginning to retire in reached the retirement age of 65. pay today is how they calculate the 2008. The baby boomers are what we By the way, when we started Social kind of benefits you are going to get. call those babies that were born right Security, the retirement age was 65; And here is how it is calculated. The after World War II, roughly from 1946 but the average age of death was 62. progressivity of the program says if to 1966, that age group, that are now in That meant most people paid in their you are a low-wage earner, earning less their maximum earning. So they are Social Security tax but did not live than $7,344, you get 90 percent back in paying in maximum social security long enough to take out Social Secu- Social Security checks of what you taxes, but also, when they retire, num- rity benefits. And, of course, the pro- were making while you were working. ber one they stop paying those taxes in gram stayed funded very well. But

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE H2250 CONGRESSIONAL RECORD — HOUSE April 21, 2004 today, the deduction is made on your body is touching that. All we are deal- not use that surplus for ordinary payroll check; and immediately, within ing with is the old age and survivor spending. We have to use it to pay 3 or 4 days, that money is sent out to benefit portion of Social Security. By down the debt. The debt that we pay beneficiaries. So we are going deeper in the way, in only 5 years, the disability down with that is the public debt. But the hole even as we increase taxes and insurance is going to have less money for every dollar that we pay down the reduce benefits. coming in from that particular trust public debt, the trust fund debt goes up Social Security benefits are indexed fund than is needed to accommodate a dollar, and the total of those two to wage growth. And I say that because disability payments. debts, which is the national debt, does I hear so often many of my colleagues This chart shows that the average re- not change at all; but there are 50-some saying that when the economy gets turn for the average retiree is 1.7 per- trust funds and only two of them had a better, then everything will be okay. cent of what they and their employer lockbox or have a lockbox now. But because benefits are indexed to the sent in to Social Security. I put down So we took the surpluses, and there wages you make, and even if there are what has happened in the last 10 years are surpluses in others, like the civil more people that have a job and more in the Wilshire 5,000 stock market. The service retirement and railroad retire- money coming in to Social Security in Wilshire 5,000 earned, even with the 3 ment and transportation trust fund and the form of taxes, and maybe some are bad years we have been experiencing on there are surpluses in some of those, making higher wages so they pay in a stock markets and equities, the aver- and so we happily took those surpluses higher amount, that 12.4 percent times age over the last 10 years has been 11.86 and spent them. the higher amount of earnings, because percent. If we take the last 100 years in Mr. SMITH of Michigan. Mr. Speak- eventually when they retire they are this country where we have kept track er, our forefathers thought they were going to take out more from Social Se- to what has happened to stock and eq- putting a little safeguard on it when curity, in the long run economic uities, the average is 7.4 percent. So in they said if you ever increase the debt growth does not solve the problem that some way, we can guarantee that you limit of this country, you have to vote we are facing with Social Security run- can have a better return on your pri- in the House and the Senate, and it has ning out of money. vate accounts. And so what I do in my to be signed by the President. They proposal in my bill, I allow 3.5 percent thought that might protect us a little b 1645 of your wages to be put into your own bit in not dramatically increasing the Growth makes the numbers look bet- personal retirement account and then debt the way we have. I think what the ter now, but leaves a larger hole to fill we limit where you can invest it. Sim- gentleman is saying is the fact that the in the future. I think what has hap- ply to try to get Democrats on board, total debt has never gone down. pened with a lot of Members of Con- and my bill is a bipartisan bill, we have Mr. BARTLETT of Maryland. That is gress is that it is easy to put off the so- added provisions where any investment true. I checked with GAO, and they lution. When I give speeches in Michi- is going to be limited to index stocks told me that although there were 14 gan and around the country, a lot of and index bonds. months during those four periods when people say if Congress would just keep But I think one of the challenges revenues exceeded expenditures, if we their hands off the Social Security that needs a lot of explaining is the kept our books on an accrual basis, trust fund and that surplus money, ev- fact that we hear Members of Congress like we force every business that han- erything would be okay. brag sometimes that we are paying dles more than a million dollars a year Well, I did this bar chart to represent down the debt, and that is not true. to do, there never was a moment in what the Federal Government now One of the strong advocates of explain- time when the debt went down. What owes the Social Security trust fund. ing the fact that the debt is never real- that meant, of course, was that we We borrowed $600 to $700 billion; but ly reduced is the gentleman from were getting ever closer and closer to because we will write another IOU for Maryland (Mr. BARTLETT). the debt limit ceiling. I kept teasing interest, the total debt that govern- Mr. Speaker, I yield to the gentleman Members by quoting the Bible, ‘‘Surely ment owes the Social Security trust for his comments and maybe a couple your sin will find you out.’’ What are fund is now $1.4 trillion; but the total of his solutions on Social Security, you going to tell the American people problem needs $12.2 trillion. So we owe Medicare, going deeper into debt, and when we are going to have to raise the $1.4 trillion that is in the trust fund, unfunded liabilities. debt ceiling limit when we have been but to solve the problem we need be- Mr. BARTLETT of Maryland. Mr. telling them all this time that we are tween $11.9 trillion and $12.3 trillion to Speaker, I would like to spend a mo- paying down the debt? solve the problem. Government should ment talking about the debt and some As a matter of fact, we had to do that stop taking that money and spending it terminology that we use. I suspect in a very interesting evening. We de- for other government purposes. We also there is not one person in 100 outside bated until about midnight. We de- need to start investing some of the the beltway, and maybe not many bated for hours. We were being ha- short-term surplus we have had. more than that inside the beltway, rangued, how could you be so irrespon- Like I mentioned, coming in from the that knows that the public debt and sible? How could you run up the deficit Social Security trust fund today, there the national debt are not the same and the debt? At midnight we recessed is about $645 billion, and what we are thing. For about 4 years we were tell- and we convened the Committee on paying out in benefits is $490 billion. ing the American people that we were Rules. They came out with a rule about I will jump to the second blip. The paying down the public debt. That was 1 a.m. that said we were going to de- Social Security trust fund contains true. The implication was that we were bate the rule for 1 hour and then go im- nothing but IOUs; and to keep paying paying down the debt which the gov- mediately to a vote on the bill. So we promised benefits, payroll tax will ernment owes and that was not true. did that, and we raised the debt limit have to increase by nearly 50 percent, Let me explain why that was not true. ceiling. or we will have to cut benefits by a The total debt that we owe is called As Members know, because we were third. I have a chart that I will be com- the national debt, and that is made up embarrassed by that, we decided we ing to on how Washington has in- of two subparts. One of those subparts would not want to do that again in the creased benefits over the years. But I is the public debt, and the other sub- future. So what we did, without my wanted to show this chart to try to part is the trust fund debt. The public vote and against my wishes, we voted demonstrate that Social Security is debt is the Wall Street debt. And the the Gephardt amendment. not a good investment. It is nice to lockboxes we had on Social Security Mr. SMITH of Michigan. Mr. Speak- have that guarantee. Nobody is sug- and Medicare, and these lockboxes did er, I hope Members are watching this gesting any Social Security reform. nothing to preserve and protect Social just as a reminder of what we have Certainly not in the five or six bills Security and Medicare, they are to- done to try to not embarrass ourselves that I have introduced, nobody touches tally unrelated to the future of these as we sort of secretly increase the debt. the disability portion, so getting hurt two funds, what the lockbox said was if Mr. BARTLETT of Maryland. What on the job continues to be a Federal we had a surplus, and we did and do for we did was to incorporate the Gephardt Government insurance policy and no- the moment in those two, that we can- amendment, which said whenever we

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE April 21, 2004 CONGRESSIONAL RECORD — HOUSE H2251 pass a budget resolution that the debt concerned about this fact that we are really even though technically defense limit ceiling would be raised whatever hiding some of the deficit is that it is is discretionary, most of the defense it needs to be raised to accommodate obscuring the magnitude of the prob- budget becomes the kind of obligation, the spending anticipated by the budget lem. I think the American people want because that is what we are here for, resolution. But budget resolutions do us to balance the budget, and I think defense and security, becomes almost not include emergency supplementals, they want us to do it honestly. untouchable. and we keep voting emergency Last year we were told that the def- Mr. BARTLETT of Maryland. Mr. supplementals because we do not want icit was about $500 billion, but the debt Speaker, a bit more than half of all the the budget resolution to be such a high went up $700 billion. That is because expense budget is salaries, and we now number. the $200 billion in Social Security sur- do not have enough military personnel, In the future, there will be another plus and Medicare surplus that we took who are having to extend their tours. debate on raising the American debt and spent is not called deficit, but it They have been on the ground over limit ceiling, and I hope America is lis- does represent debt. there, reservists on the ground for a tening when we do that. What we are Mr. SMITH of Michigan. Mr. Speak- year, and now they are being extended doing is amassing the largest intergen- er, this pie chart shows that currently for 3 or 4 months. So obviously unless erational debt transfer in the history the interest that we are paying on the we are going to have fewer people in of the world. We cannot run our gov- debt, servicing the debt, the interest is the military, we are not going to be ernment on current revenue, and so $240 billion a year. This represents 14 able to cut defense spending. So the gentleman is right. In a sense what we are doing is systematically percent of the budget. Yet interest a lot of that is mandatory because we borrowing from our kids’ and rates are almost at record low levels, cannot imagine a smaller military be- grandkids’ future. When I ran for Con- and so what happens as we increase the cause our present military is really not gress 12 years ago, I promised those debt by $500 billion to $700 billion a large enough to do what we are now at- who I hoped to be my constituents, and year, and interest rates go up, and Alan tempting to do because we are having they are my constituents now, that I Greenspan said today that is going to to extend reservists who have already would try to conduct myself here so eventually happen, it is going to eat up been there a year. my kids and grandkids would not spit a bigger piece of that pie. One of these Mr. SMITH of Michigan. Mr. Speak- on my grave because of what I have days it has got to come to our obvious er, how do we change? How do we de- done to their country. I am still trying attention that something needs to be velop the kind of discipline, intestinal to do that. done to control spending. fortitude to start slowing down this I think it is unconscionable for us to Mr. BARTLETT of Maryland. I would huge growth of government to the ex- amass this larger and larger debt that hope, because we cannot continue to tent that we have decided we will sim- we are going to pass on to our kids and amass this ever-increasing debt. As the ply borrow more and more money to grandkids. gentleman stated, interest rates are take home to our districts or to start Mr. SMITH of Michigan. Members are now very low, and still interest on the new social programs? Does the gen- pretending that our problems today are debt is a meaningful percentage of the tleman have any thoughts on how we so important that it justifies taking largest item in our budget, which is de- can discipline ourselves better than we the money that our kids and grandkids fense. When interest rates go back to have been? have not even earned yet. It is sort of normal levels, the interest on the debt Mr. BARTLETT of Maryland. Mr. like breaking into their piggy bank and will be just about as much as we are Speaker, we need to get back to con- saying I will try and pay you back spending on defense. stitutional government. Thomas Jef- some time, but for now let us go out Mr. SMITH of Michigan. Right now ferson said, The government which and buy some candy bars and ice interest is 14 percent of the budget. De- governs best is the government which cream. There might be a better word, fense is 20 percent of the budget. It is governs least. Now we are a million but ‘‘unconscionable’’ comes to my easy to at least assume there is a good miles from his dream of what his coun- mind to consider the burden of debt, to possibility that the very low interest try would be at this time in history. consider the burden of promises that rates today could double. That would And we need to look at our Constitu- exceed our ability to pay for them in mean $440 billion a year, or 28 percent tion at what our Founding Fathers be- terms of unfunded liabilities that we of the budget. It would mean our bor- lieved the Federal Government ought are placing on future generations. rowing and servicing that debt is more to be doing. Mr. BARTLETT of Maryland. What important than what government And there are several things that we we are doing is systematically bor- should be paying attention to, and that spend a lot of money on, and I will rowing from our kids’ and grandkids’ is security and defense. challenge my colleagues to go to Arti- future. We cannot run our government Mr. BARTLETT of Maryland. By the cle I, Section 8, and that is the part of on current revenue, so what we are way, the interest on the debt is part of the Constitution that delineates the doing is borrowing from their future. what we call mandatory spending. Our appropriate functions, the allowable When it comes their turn to run the total expenditures this year will be functions of the Federal Government, government, not only will they have to about $2.4 trillion. We will vote on and find any justification for philan- run it on current revenues, but they about one-third of that, about $800 bil- thropy. I really believe in philan- will also have to pay back all of the lion, and about half of that will be de- thropy, but they did not believe it was moneys we borrowed from their genera- fense. Defense is running roughly half the proper function of the Federal Gov- tion. of our total discretionary spending. ernment. We will see no hint there that We have a systemic problem here, This mandatory spending is kind of we should be involved in health care and that is by law the only place we hidden, but it represents two-thirds of other than the health care of our mili- can invest these surpluses is in non- all of the money that we spend. tary people. We are responsible for negotiable U.S. securities. These sur- them. We will find absolutely no hint pluses are the order of magnitude of b 1700 that we should be involved in edu- about $200 billion a year, more or less. Mr. SMITH of Michigan. And, Mr. cation. As a matter of fact, for the 24 The only place we can invest them is in Speaker, of course the lobbyists that straight years when the SAT scores nonnegotiable U.S. securities. There is come in, they would prefer that it be were falling lower and lower and lower no money laying around Washington mandatory spending; so some of these in our schools, the Federal Department we have not spent. As a general rule, programs, if they can write it in law of Education was getting better, bigger government spends all of the money that if they meet certain qualifica- and bigger and bigger, and exerting you give it plus as much more as it can tions, they automatically get it and it more control over education. We con- get away with. This government is no does not go through the appropriation tribute about 6 percent, 5.9 I think is different. process, it is not subject to the actual number, percent of the funds I think it is important for our people, prioritizing. So we have ended up with for education. We would like to have our kids and grandkids, to understand more and more of our budget being 100 percent of control. We just need to what we are doing. The reason I am so spent in this mandatory spending, and get back to constitutional government.

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE H2252 CONGRESSIONAL RECORD — HOUSE April 21, 2004 Our Founding Fathers believed that But as we talk about jobs and eco- this Chamber and in the Senate Cham- States do some things better, many nomic expansion, when we have a sys- ber and at the White House. things better, than the Federal Govern- tem that taxes our companies and our Mr. BARTLETT of Maryland. Mr. ment. They believed that the private businesses 18 percent more than what Speaker, I think there are two ways sector did most things better than gov- their competitors in other countries that we can discipline ourselves. The ernment. And what we are now trying are taxing their businesses, we are put- first is that we need to understand that to do is to have government do more ting our business at a competitive dis- it is unconscionable to amass an ever and more of what our Founding Fa- advantage, and our overzealousness to larger and larger debt that we are thers thought that the private sector pass on new regulations and more taxes going to pass on to our kids and our ought to be doing. so that this body and the Chamber grandkids. Mr. SMITH of Michigan. Mr. Speak- across the Capitol can have more By the way, the gentleman was talk- er, I think it is good to remind our- money to spend I think is one of the ing about Social Security earlier. A re- selves that our Founding Fathers in negatives and something we have to cent poll of young people believe more the original Constitution did not want correct if we are going to expand busi- that they would see a UFO than believe to penalize individuals that were going ness and jobs and the economy in this they would ever see a Social Security to school and working and saving. So country. check. So this is not a big vote of con- the original Constitution says we can- Mr. BARTLETT of Maryland. Mr. fidence in our system. not have a tax based on how much we Speaker, in a former life I was a small I think there are a couple of things earn, and that is what we were founded businessman, and I would like to make that we need to do to curb spending. on. That is part of the incentive. But the argument for a moment that it is One is to recognize how unconscionable this body and Congress and the White impossible to tax business. A tax on a it is to continue to amass a larger and House over the last 50 years have de- business simply becomes a part of the larger debt we are going to pass on to cided trying to equalize that wealth, cost of doing business. If they are going our kids and our grandkids. And the dividing the wealth, taxing the people to stay in business, they have to pass second thing is we need to go back to that have made it a little more and that cost on to the consumers, to their the Constitution. We would not have giving that back in some forms of gov- customers, which makes a tax on busi- any problem in spending if we would ernment service to the individuals than ness the most regressive tax we have just stop the spending on things that have not. And there is a balance there. because the poorest of the poor pay are unconstitutional. There is a golden mean. more for everything they get, more for There was a very interesting speech We want to help people that really their food, more for their clothing, that Davy Crockett gave in the Con- need help, but we need to try to de- more for everything they get, all goods gress. There was a fire, when he was velop programs that help lift them up and services, because these companies here in Congress, over in Georgetown, because we have got now a tax system are taxed. So the poor are hurt, first of and they could see the buildings burn- that the young couple that decides to all, because everything they buy costs ing over there, and there were a num- go get a second job ends up not only ber of people who were burned out of being taxed more for working harder to more because we are taxing businesses. their homes, and one of them was a try to earn enough money to do well And, secondly, they are hurt because widow woman for whom everybody felt for their family, but they get taxed at the tax on business, as the gentleman sorry. So a couple of days later, the a higher rate. So we have sort of pointed out, makes them less competi- Congress voted $20,000, which is not evolved into taking away from the peo- tive in a global marketplace. So finally much today, it was a whole lot more ple that work hard and try and are suc- they become noncompetitive, and the money then, $20,000 to help the victims cessful, and dividing that wealth in a job disappears here and appears some- of this fire. system of government where now 50 where on the Pacific Rim. So the poor Davy Crockett was campaigning a bit percent of the adult population of the person who had to pay, to begin with, after that, and there was a farmer in a United States now pay less than 1 per- more for the things he bought now does field who came to the end with his cent of the total income tax. not even have a job to earn the money Mr. BARTLETT of Maryland. Mr. to buy the goods. So it is a doubly re- horses and stopped them, and he told Speaker, our Founding Fathers not gressive tax. Davy Crockett, I have always voted for only did not permit personal income My liberal friends, when we talk you in the past, but I cannot vote for tax in the Constitution, they prohib- about this, seem to understand it for you anymore. And Davy Crockett ited it with the original Constitution. about 5 minutes, but 10 minutes later asked, Why can you not vote for me? So to get a personal income tax, we they are saying, those rich businesses, So he reminded him of this fire. He re- had to amend the Constitution. we really need to tax them. But in the minded him of what they had voted. The numbers that the gentleman final analysis we cannot tax a business. And he said, Sir, that was not your mentioned are very interesting. The It simply becomes a part of the cost of money. That was my money. Philan- lower 50 percent of taxpayers pay 4 per- doing business, and they pass that tax thropy is not a proper function of the cent of our taxes. The upper 50 percent on to their consumers. Federal Government. I cannot vote for of taxpayers pay, I think, 96 percent of Mr. SMITH of Michigan. Mr. Speak- you anymore. our taxes. And the top 1 percent of tax- er, I happen to be the prime sponsor of Davy Crockett came back and gave a payers, I think, pay 34 percent of our the flat tax. But whether it is a flat tax speech, and I am sure people can find it taxes. So if we are going to give a tax or a value-added tax or a type of sales if they go on the Web and click on cut to people who pay taxes, people tax, we need to change our Tax Code if Davy Crockett. They can find his who pay taxes are going to get a tax we are not going to continue to put a speech there. This was a great speech. cut. And since 34 percent of the taxes lot of people at a disadvantage and a It points out that no matter how phil- are paid by the top 1 percent of wage lot of businesses at a disadvantage. anthropic that is, that that is not a earners, and the top 50 percent of wage Most of our businesses pay the same proper function of the Federal Govern- earners pay 96 percent of the taxes, 1040 personal income tax that the gen- ment. clearly those who earn money are tleman and I do. As we increase the tax As a matter of fact, the Bible says, going to get a tax cut because they are on those businesses, it hurts the ‘‘It is more blessed to give than to re- the ones who pay taxes. chances of the survival of that busi- ceive.’’ Does the gentleman from Mr. SMITH of Michigan. Mr. Speak- ness. Michigan know a single person who has er, so there we come to the popular How do we get the discipline? How do a good warm feeling on April 15 be- criticism that it is a tax cut for the we get the discipline to police our- cause so much of their money is going rich, but because of the fact that that selves? We are talking about a PAYGO to philanthropy? Has not the govern- 50 percent of the population pay essen- bill. Maybe that will help. It sort of ment usurped the role of philanthropist tially very little of the income tax, helped during the 1980s and some of the and denied our citizens the reward that when we have any kind of a tax cut, it 1990s, but convincing the American the Bible promises, that it is more tends to go to the 50 percent that do people, I think, might be the best way blessed to give than to receive? A pay taxes. So here again it is a balance. in terms of getting that voice heard in whole bunch of the money that the

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE April 21, 2004 CONGRESSIONAL RECORD — HOUSE H2253 government forcibly takes from us on Today it is three people working for By the way, in our fondest dreams April 15 goes to philanthropy, a totally every one on Social Security. Shortly today, in 4 or 5 years we are going to inappropriate function of the Federal it will be two people. That is a pretty cut the deficits in half? That will not Government, a constitutionally denied heavy burden to carry, two people sup- get us there, will it? function of the Federal Government. porting one. That is why the trust fund Mr. SMITH of Michigan. No plans. I And because they thought that we will be depleted. do not see it in terms of responsibility much different than what any family might not understand, 4 years after the b 1715 Constitution was ratified, they ratified should do, what any business should do, the first 10 amendments, the tenth of We will be able to meet only 70 per- and that is you cannot just keep going cent of the demands on Social Secu- which, the most violated amendment deeper and deeper into debt without rity. in the Constitution, the tenth of which any plan to ever pay that debt back. Mr. SMITH of Michigan. So the chal- says it in everyday English, and we I am a farmer from Michigan, the lenge is Social Security has an un- gentleman is a farmer from Maryland, cannot find it in Article I, Section 8. funded liability of about $12 trillion The three things I mentioned I cannot and philosophically we felt that if we now. But now we have made even more can pay down the mortgage on the find there. And I defy anybody to take promises in Medicare and Medicaid. So farm so that we can leave our kids a out their Constitution and find it. not only deficit spending is how much Mr. SMITH of Michigan. Mr. Speak- little better chance of having a better we overspend in one year; the debt is er, the gentleman from Maryland (Mr. life than we have, we should. adding up every year’s overspending. It But in this body, in Congress, we are BARTLETT) carries the Constitution in is now over $7 trillion of debt in this not doing that. We are not only not his pocket. country, in addition to the promises paying down the debt; we are increas- Mr. BARTLETT of Maryland. I al- that do not know how we are going to ing the debt load that they are going to ways have a Constitution next to my pay for. have to be responsible for, and the tre- heart. But within the next 3 months, Con- mendous amount that is going to have Mr. SMITH of Michigan. Mr. Speak- gress probably again, as the gentleman to come out of their pockets to pay the er, I want to show this chart of what from Maryland (Mr. BARTLETT) and I increased promises and even the inter- government has done historically every talked earlier, is going to have to face est on the debt, not even mentioning time Social Security has less money up to increasing the debt limited. My starting to pay that debt down. than what is needed to pay benefits, guess is we will do it again like we Mr. BARTLETT of Maryland. The and it is a pay-as-you-go program. It is have done in the past, so that we do gentleman mentioned the family as an deducted from the paycheck at the end not have to talk about it, so we are not analogy of our country. In a 4-year pe- of the 1 week or the 2 weeks or the embarrassed in this Chamber. It will be riod, we went from being the world’s month, and within days it is sent out some legislation that is hidden in the largest creditor Nation to being the to beneficiaries. So there is no savings rule, so if you vote for the rule you world’s largest debtor Nation. I saw a account with one’s name on it. So we vote for an increase in the debt limit, fascinating editorial that said, gee, is have run into problems of not having which I think should disturb us, be- that not great? Look how credit-wor- enough money in Social Security to cause it does not make us stand up and thy we are. pay benefits on several occasions, but deal with the huge challenges we are I related that to my family. I said, what we have done historically, and I facing in this country in terms of over- gee, if last year I had $10,000 and this use this because I think it is a danger promising and overspending. year I owe $10,000, I am having some of what can happen in the future, is Mr. BARTLETT of Maryland. $7 tril- trouble figuring out that I am better simply that we have increased taxes lion is a very big debt, but I would like this year than I was last year. and reduced benefits. This is a chart to talk for a moment about the debt. That is what this editorial was say- that shows the increase in taxes. If we kept our books like we force ing: Is it not nice that we are so credit- In 1940, we had 2 percent of the first companies to keep their books, and worthy that we now are the world’s 3,000. By 1960, it went up to 6 percent of some people say that we keep Enron- largest debtor Nation? We in 4 years, the first 4,800. By 1980, 10 percent-plus type of books, if we had to count as we went from the world’s largest cred- of the first 26,000. In 2000, 12.4 percent debt the contingent liabilities, our debt itor Nation to the world’s largest debt- of the first 76,200. And currently it is would not be the $7 trillion. It would or Nation. not a rate increase, but it is a base in- be, I am told, between $25 trillion and Mr. SMITH of Michigan. It is a whole crease; so it is the same 12.4 percent on $30 trillion, and some people think as different 1-hour debate and discussion; the new base of $89,000 a year. So con- much as $60 trillion. but just, for example, one country, we tinually we have continued to increase I think that we need to keep the kind have $100 billion deficit trade with taxes on working Americans to the ex- of books that we require businesses to China, and what does China do with tent that most working Americans now keep. I think the American people have that extra $100 billion? They probably pay more in the Social Security tax a right to know what the debt is that invest it in our companies, or buy some than they do in the income tax. totally they owe. If you divide this by of the property in the United States. So it makes this country more vulner- Mr. BARTLETT of Maryland. Mr. the number of working families, I Speaker, I object to calling this Social able. think it is, what, about $10,000 for But in terms of the total debt, both Security because it is clearly not So- every man, woman and child in the our Treasury bills, the debt of compa- cial Security. If that is all one has at country. nies, we are becoming more and more their retirement, they are in a world of Mr. SMITH of Michigan. The debt is dependent on other countries. pain and hurt. If we look at those dol- $7 trillion divided by about 290 million. It is time we took ahold of ourselves, lars over there, we see that on many It comes out to almost $25,000 for every pulled ourselves up from our boot- pay stubs the FICA tax is the biggest man, woman and child in terms of their straps, and started to be responsible, tax that we pay. That worker has every share of the debt. and not leave the kind of debts and re- right to believe that since it is called Mr. BARTLETT of Maryland. That is sponsibility to our kids and our Social Security, because it is the big- about $10,000 per family. Just paying grandkids simply because we think our gest tax item on his pay stub, that it is interest, by the way, the first thing problems today are great. Social Security. So he is not doing that comes out of your paycheck is in- I thank the gentleman from Mary- what he ought to be doing, saving terest on the debt. Before you can do land for joining me. anything, before you can build roads or providently for his retirement. f We need to change the name of that. fund your schools or do anything, you It is not Social Security. It never was have got to pay interest on the debt. SUPPORT THE VOTER CONFIDENCE Social Security. It never was intended So it comes right off the top. Every AND INCREASED ACCESSIBILITY to be Social Security. But the tax has year we do not balance the budget ACT gotten so large, and it has gotten large makes it that much harder to balance The SPEAKER pro tempore (Mr. because originally there were 42 people the budget next year, because we have BURNS). Under the Speaker’s an- working for every 1 on Social Security. a larger interest debt to pay. nounced policy of January 7, 2003, the

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE H2254 CONGRESSIONAL RECORD — HOUSE April 21, 2004 gentleman from New Jersey (Mr. HOLT) even the most minimal security stand- tion, was released in January of this is recognized for 60 minutes. ards applicable in other contexts. We year. It was based on what they called Mr. HOLT. Mr. Speaker, I would like identified several problems, including a ‘‘red team exercise,’’ a deliberate at- to address the subject at the heart our unauthorized privilege escalation, in- tempt to compromise the system, to democracy, voter confidence. What is correct use of cryptography, see how easily they could be com- the central act, Mr. Speaker, of our de- vulnerabilities to network threats and promised. mocracy? It is the vote. For that to poor software development processes. That reported said: ‘‘The State of work, we must have confidence. In fact, We show that voters without any in- Maryland election system, comprising for our government to work, we must sider privileges can cast unlimited technical, operation and procedural have the confidence of the citizens. votes without being detected by any components, as configured, contains This is a self-governed country, and it mechanism within the voting terminal considerable security risks that can only works if we believe it does. It only software. Further, we show that even cause moderate to severe disruption in works if we maintain faith in the sys- the most serious of our outsider at- an election.’’ tem. tacks could have been discovered and Mr. Speaker, we are talking about Now, obviously, that has a lot to do executed without access to a source the central act, the centerpiece of our with how elected officials behave code. We conclude that this voting sys- democracy, voting. What could be more today, it has a lot to do with how the tem,’’ and now this is one of the most important? citizens feel that their money is spent, common voting systems in America, Well, there is a way to deal with this it has a lot to do with how much we ‘‘that this voting system is unsuitable problem. It is technologically and practically feasible. In fact, it is easy to elected officials stay in touch with the for use in a general election.’’ people. Well, there are a lot of technical give each voter the control of the But it also has to do with the process computer science terms there, but verification, to give each voter the as- of voting, itself; and in recent efforts what they mean is the software is un- surance, the confidence, that his or her to strengthen our voting procedures, reliable, that the machines may not vote has been recorded the way she or particularly following the problems record the votes the way the voters in- he intended. I have introduced the Voter Con- that became apparent in the 2000 elec- tended them to be recorded, either fidence and Increased Accessibility tion, a number of changes have been through inadvertent error or through Act. I introduced this about a year ago, made that might actually serve to re- malicious software hacking. working with a number of computer duce voter confidence. The State of Maryland commissioned scientists and election officials and In November of this year, it is ex- a third-party review of their electronic others, seeking input from civil rights pected that 50 million votes, almost voting machines. This review was con- groups and public interest groups and one-third of the votes that are likely to ducted by Science Applications Inter- groups of citizens with physical disabil- be cast in this country, will be cast on national Corporation, SAIC, last sum- ities; and we crafted language that machines, touch screen, electronic ma- mer. A version of that report was re- would solve this security problem. chines, what are known as direct released and it said: ‘‘This risk assess- Quite simply, my legislation would cording electronic voting machines, or ment has identified several high-risk require that all voting systems produce DREs; and these 50 million votes will vulnerabilities in the implementation a voter-verified paper record for use in be unauditable. If we do not pass legis- of the managerial, operational, and manual audits. So you go into the lation requiring a voter-verified audit technical controls for the voting sys- booth, if there is an electronic ma- for each vote at the time each voter tem. If these risks are exploited, sig- chine, one of these DRE touch-screen votes, we may as well outlaw recounts. nificant impact could occur on the ac- machines, for example. You would Now, I ask my colleagues if they curacy, integrity, and availability of vote. Before you submit the vote, after know any candidate for office who election results. The system is at high you have chosen the candidates and se- would want to run without the possi- risk of compromise.’’ lected your position on the referenda bility of a recount if there were ques- Again, this is written in technical and so forth, the machine would tions about the election. If we do not terms, but it says quite simply, your produce a parallel audited record, a take legislative action, we might as vote may not be counted. paper account of your vote. well outlaw recounts in Federal elec- Now, even if great pains have been tions. Somewhere along the way, we al- taken to get rid of the bugs in the soft- b 1730 lowed the vote count to become ware and the systems are guarded so One can look at it and say, yep, that privatized, and we should act now to hackers do not get to them, we still is my vote. Or if it is not, one can de- undo that. cannot be certain, we still cannot be clare it a spoiled ballot and have the In July of last year, California Sec- certain that the system works to election officials reset the machine and retary of State Kevin Shelly released a record the voters’ intentions accu- vote again, or, vote once and the other report of a touch screen task force. It rately. ballot is disposed of. was comprised of computer scientists, Now, some election officials say, The legislation would not only reelection officials, representatives from well, we have been using these elec- quire a voter-verified paper record for the Secretary of State’s office, election tronic machines for several years now each voter at the time of voting, it reform groups, and election officials. and we have never had a problem, to would ban the use of undisclosed soft- This task force said, ‘‘There needs to which I say, Mr. Speaker, how do you ware and wireless communication de- be voter verification imposed by a date know? If the system has an obvious vices in voting systems. It would re- certain.’’ breakdown, then you know it does not quire that all voting systems meet By voter verification, what they work. But if it appears to be recording these requirements in time for the gen- meant was a procedure, a mechanism, votes, you cannot know, fundamentally eral election of this year, November so that each time a voter goes into the cannot know whether it does work. 2004. It would require that electronic booth that that voter can verify that That is why it is necessary that there voting systems be provided for persons his or her intentions are correctly re- be a parallel audit trail, so that each with physical disabilities 1 year earlier corded, in other words, that the vote voter owns the verification. Not some than is provided under the current cast is the same as the vote recorded. discount company that vouches for its versions of the law. Now, at the same time that the Sec- machine, not even the election officials My legislation would also require retary of State of California was re- of the State, but the voter herself or mandatory surprise recounts in one- leasing this task force report, com- himself can verify that the vote that is half of 1 percent of all jurisdictions so puter scientists reviewed the source recorded is the vote that was intended. that the voters, each voter, can have code used by one of this country’s Maryland commissioned yet another assurance that the system is working. major voting machines; and their anal- study, because there was continuing This will go a long way toward remov- ysis, which is commonly referred to as uncertainty following the really trou- ing one of the areas of uncertainty. the ‘‘Johns Hopkins Report,’’ found bling results of that first study. This I think any of us, when we hold town that ‘‘this voting system is far below study, prepared by another organiza- meetings or just walking around the

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE April 21, 2004 CONGRESSIONAL RECORD — HOUSE H2255 streets of our towns, we encounter peo- curity. This past Tuesday, a day ago, I irregularities they cause are difficult ple who say, ‘‘I do not vote. My vote voted in the school board elections in or even impossible to discover. does not count.’’ I spend a lot of time my home district. For the first time Voters would never know and elec- arguing with people like that. As some- our county, Mercer County, New Jer- tion officials could never determine one who won an election by a razor- sey, used electronic touch screen ma- whether a faulty machine erroneously thin margin once, I can assure them chines, the so-called DRE, one brand of recorded the voter’s intent. A growing that every vote does count. the DRE machines. host of nationally and internationally But more and more I hear people say- As I expected, they were clear, easy renowned computer scientists consider ing, my vote will not be counted. And to use, accessible. I think they would a voter-verified paper trail to be a crit- that is a very troubling sign. If people be good for people with physical dis- ical safeguard for the accuracy, integ- do not go to the polls for whatever rea- abilities, better probably than the old rity, and security of computer assisted son, it is a loss to democracy. It is a lever machines. And they were, as I ex- elections. tragedy for our country. And we dare pected, totally unverifiable. Now, why Thankfully my colleague the gen- not let them have the excuse that their do I say that? Because the manufactur- tleman from New Jersey (Mr. HOLT) vote will not be counted because the ers will say, oh, we have batteries in has introduced H.R. 2239 to address this machine will malfunction, because there so if the power fails, they will problem. H.R. 2239 requires the elec- there are bugs in the software, or be- not crash. Of course, there are a lot of tronic voting systems to provide a cause the software has been tampered computer engineers who promise that mechanism for voter verification of re- with. their software will not crash. But the sults. H.R. 2239 would require that vot- The centerpiece of our democracy, manufacturers say, well, we store the ers be able to verify the actual paper that is what we are talking about. votes in two different memory loca- record after it is printed. And I am pleased to be joined in this tions so there is redundancy. Requiring a voter-verified paper trail discussion by two people who have With the electronic machines there is is both easily solved and immediately given a great deal of thought to this no way after the polls close that you necessary. Localities are making pur- issue. I am joined by my friend the gen- can go back and determine what was chasing decisions right now. If Con- tleman from New Mexico (Mr. UDALL) the intention of each voter because gress acts now, we can ensure that who served as attorney general in New there is this fundamental principle of every election is voter-verified and Mexico before coming here to the secrecy. One’s ballot must be kept se- auditable, and localities can move for- House of Representatives. And he un- cret. They cannot go back and say, ward with confidence. The technology derstands how important it is that we you, Mr. UDALL, voter number 23 is there to make this happen. maintain the confidence of citizens in today, voted for candidate A in this I am proud to be a cosponsor of H.R. their government and in the process of election and candidate C in that elec- 2239 and hope that this Congress will government. And he understands how tion. take action on this legislation imme- we can do that. So it is fundamentally different from diately. There is broad-based support I would be pleased to yield to my col- your ATM machine, your cash machine for voter-verified paper trails. In fact, league from New Mexico. Mr. UDALL of New Mexico. Mr. at the bank or from other electronics more than 70 organizations, including Speaker, I thank the gentleman from that you work with because at the end Common Cause, the National Organiza- of the month, with your bank, you tion For Women, the National Federa- New Jersey (Mr. HOLT). And let me first of all say that it is a real pleasure have got either your checks or photo- tion of Republican Women, as well as to be here with him this evening and copies of your checks, and the bank the editorial boards of more than 20 have the opportunity to carry on a de- tells you how much they think you newspapers have endorsed voter- bate with him about this important have, and you tell them how much you verified paper trails. issue. I want to thank the gentleman think you have, and you get together With a critical election looming, it for his leadership on this. on it. makes it that much more important I had a series of town hall meetings With a secret ballot one cannot do that we address this situation now. in my district recently. And maybe my that. They cannot tell someone how Mr. Speaker, I would once again like colleague could help me with some of they voted. They cannot know how to thank my colleague, the gentleman the questions that people have. I someone voted. So there is necessarily from New Jersey (Mr. HOLT), for his thought I would just begin with a ques- a gap between the casting of the vote leadership on this issue. I look forward tion and then with a statement, and and the recording of the vote. It is fun- to working with him, with the gen- maybe we can just carry a little bit of damental to these machines. One can- tleman from North Carolina (Mr. a discussion on about this one ques- not get around it. We cannot build re- PRICE), with the gentlewoman from tion. dundancy in there because there is a Ohio (Ms. KAPTUR) and all the other I have talked to machine manufac- gap filled with software between the fine sponsors of this legislation to help turers. I have talked to elected offi- casting of the vote and the recording of ensure and improve the integrity of our cials that supervise these elections. the vote. electoral process. They tell me we have a lot of touch Mr. UDALL of New Mexico. Mr. Mr. Speaker, I yield back to the gen- machines in New Mexico, and they say Speaker, would the gentleman yield? tleman from New Jersey (Mr. HOLT) things to me like, we do not have to Mr. Speaker, I hope that that is very and thank my friend again. worry because we have three levels of clear to everyone out there. It was very Mr. HOLT. Mr. Speaker, I thank my redundancy in the computers. We do clear to me the way that was ex- colleague for those stirring words that not have to worry because there is plained. And I want to say that the rea- speak to democracy. I cannot empha- backup in the computers. son we are here today on the floor is size strongly enough what we are talk- And I think my colleague has ex- because we believe in the improved use ing about here. This is not an exercise plained it somewhat in his opening re- of technology. Computerized voting in computer science. It is not a game of marks, but I would like to kick that systems will soon become the primary political gotcha. It is not a partisan back to him at this point and have my method for voting across the country, matter. It is not antitechnology. It is colleague, because I know he has called and with this new technology comes a simply an effort to see that voters be- many of these computer experts over potentially serious problem: The fact lieve that they own their government, the course of developing this legisla- that these systems will not have a that they own their vote, that the tion, when they say three levels of re- verifiable paper trail of how a citizen sanctity of their vote is preserved. dundancy in the computer, is that a actually voted. Now, someone who has studied this level of protection my colleague is sat- Without this component, voters and both theoretically and practically is isfied with, and does it, in fact, in this election officials have no certainty the gentleman from North Carolina piece of legislation give security to the that votes have been properly recorded, (Mr. PRICE), who has looked at this ballot itself? because computer voting machines are with the eyes and the mind of a polit- Mr. HOLT. Mr. Speaker, reclaiming not currently required to produce a ical scientist, but also as someone who my time, it does not provide enough se- voter-verified paper trail. Any errors or has had his share of close elections and

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE H2256 CONGRESSIONAL RECORD — HOUSE April 21, 2004 knows what it would mean if we had anisms on many of these machines are gress has been slow to address this elections all across the country with- not foolproof, as several elections in problem. My bill has been sitting in out the possibility of a recount. this past year have shown. committee for a year now. Some States I am pleased to yield to my friend I wonder if the gentleman from New have acted on their own. I have men- from North Carolina (Mr. PRICE). Jersey (Mr. HOLT), I know he has stud- tioned the studies that were under- Mr. PRICE of North Carolina. Mr. ied this extensively, if he could elabo- taken in California and the Secretary Speaker, I thank the gentleman for rate on that a bit. What have been of State of California has decided to yielding, and I commend him for his some of the problems that have been act and has declared that in the future good work on this critical issue. pointed out by the studies in terms of the California machines must have a Like our friend the gentleman from perhaps a potential for hacking, per- voter-verified paper trail. New Mexico (Mr. UDALL), I have been haps a potential for fraud, the poten- In past months, the Secretary of hearing a lot about this from constitu- tial for malfunctioning? Just what State of Nevada, Dean Heller, an- ents, from town meetings, from people kinds of problems are we talking nounced his decision to buy touch who just understand that it is unthink- about? screen voting machines for all of Ne- able that we should go through another Mr. HOLT. These electronic ma- vada’s counties, and he also announced national election with an outcome that chines are now in fairly common use a mandated paper ballot be created is in doubt. And we have put some ma- around the country, and so we are be- through the use of a voter-verifiable chinery in place to replace outmoded, ginning to get a number of stories of record in all new DRE machines pur- inaccurate voting machines. So it questionable behavior or real horror chased in the State of Nevada in time would be ironic if some of that machin- stories. There are cases where it ap- for the 2004 general election. Said the ery turned out to have serious prob- pears that the electronic machines Secretary of State, ‘‘I did so because lems of its own. have actually counted backwards as the voters of this State overwhelm- So I want to commend my colleague the evening has gone along. There are ingly supported the inclusion of a for understanding the gravity of this other cases where, well, in one election paper trail to protect the integrity of issue and introducing the bill H.R. 2239, recently, ironically in the State of our election.’’ Maybe it is time for the which offers a very promising remedy. Florida, there was a special election voters to let their county officials I am proud to be a cosponsor and join for a State office, several candidates on know how important a voter-verifiable in this Special Order today to talk the ballot in a couple of counties. Some receipt printer is to them. about this issue. thousands of voters turned out for this Now, it would make sense for Federal The bill of the gentleman from New single election. There was only one elections that this be handled on a na- Jersey (Mr. HOLT) would require all election on the ballot, and 137 voters tional level and not count on each electronic voting machines, also known who showed up, signed in and went into county and each State to try to protect as direct record electronic voting sys- the voting booth evidently did not the integrity of the system for the vot- tems, or DREs, would require all the vote. Their votes were not recorded. ers. As the Secretary of State of New DREs that are used in the upcoming In other elections there are sus- Hampshire wrote, ‘‘People in other election to produce some kind of picious results where all of the can- States talk about the unbelievable bur- verifiable paper trail. This bill would didates, all of the winning candidates den of recounts. They do not realize thus create a way for American voters got exactly the same vote total num- the costs of restoring legitimacy is far to ensure that their votes are counted bering in the thousands. So there are a greater than the costs of maintaining accurately. number of instances where there are it.’’ There are very few things that are questionable results, and the point is He gets it. He understands that we more important, I think, to the work- you will never know was there some- have to have an election system that is ings of democracy. You have got to be thing wrong because you cannot go recognized as legitimate, that allows able to assume the legitimacy of elec- back and audit them. There is no audit. recounts, that gives voters confidence. tion outcomes. If we do not act quickly There is no recount possible. New Hampshire uses paper ballots in on this bill, I am afraid we may face So I am afraid that anytime there is 100 percent of its precincts; 55 percent the possibility of having two Presi- a close election from now on, unless we of New Hampshire precincts use an op- dential elections in a row where the have this parallel voter-verified audit tical scan system where you fill in a outcomes are contested. trail, there will be a cloud hanging circle or a box next to the candidate, Often we get so caught up in the de- over every close election and the loser and then an optical scanner or machine bate about electronic voting machines and the loser’s supporters will wonders will count those ballots. But you have that we forget that there are other re- if they have been cheated out of the the record that the voter has marked liable and verifiable options to these election by some sort or error or, at herself or himself so that provides a direct record electronic voting sys- worse, by hacking, by theft, by fraud. voter-verification paper trail. That is tems. And that cloud cannot be dispelled. 55 percent of their precincts and 45 per- Mr. PRICE of North Carolina. No cent use paper and nothing else. And b 1745 matter whether we are talking about a New Hampshire’s system for a number Not all of them are particularly high- malfunction intended by no one or of years now has been highly success- tech devices. This may be an area something much more mischievous or ful, in the words of the Secretary of where at least for the present, high fraudulent, a system like there where State, and ‘‘successful in promoting tech is not necessarily better. For ex- you have no way of checking, no back- voter confidence and reliability.’’ ample, in my district of North Caro- up system, simply leads people to sus- In fact, to make the pointed that this lina, we use what we call optical scan- pect the worst. And so it would appear is not a partisan matter, should not or ning systems. You take a piece of paper to me that we would want to offer max- need not be a partisan matter, I have and take an magic marker and connect imum assurance. As I said earlier, to here a resolution passed by the New arrows on this ballot. You feed the bal- move from these punch card systems Hampshire State Republican conven- lot into the machine. The machine which were so inaccurate and so prob- tion in 1988 no less. So it is not only reads the vote instantly and produces lematic to move to high-tech elec- not partisan; it is not all that new. an outcome at the end of the day in- tronic systems with all these bells and They said, ‘‘Whereas, the State of New stantly, but then there is this paper whistles which nonetheless have no Hampshire has computerized voting record if the outcome is contested. In basic capability to offer a back-up equipment that does not have the abil- case there is a malfunction, there is a check, that would not seem to be the ity to recount manually, does not have paper record that could be consulted to way we ought to be moving in election the ability to recount at all, uses se- back up the result. reform. Some of these low-tech alter- crecy of internal procedures as a pri- We may well have these more sophis- natives might be better for the present. mary security strategy, does not give ticated, more complicated direct Mr. HOLT. Would it not be ironic. the voter the ability to ensure the record electronic voting systems in our Let me refer to what a couple of computer has voted as instructed, now future. But the current counting mech- States are doing, partly because Con- therefore, it be resolved,’’ etc., etc.,

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‘‘computerized voting equipment must record tonight. It is important to say RUSH HOLT has introduced H.R. 2239, the either produce a manually recountable over two dozen States have requested Voter Confidence and Increased Accessibility ballot for the voter’s inspection prior and granted a waiver for compliance Act of 2003, to require a voter-verified perma- to electronically casting the voter’s with the HAVA voting equipment re- nent record or hardcopy under title III of the ballot or use as its input a ballot which quirements until the first election Help America Vote Act. The bill now has 132 can be used in a manual recount.’’ after January 1, 2006. cosponsors. Congressman HOLT will speak The Republican Party said, we must I would say to many elections offi- more about his bill later. have a voter-verified paper trail. cials across this country and across my HAVA was signed into law on October 29, I am pleased now that we are joined own State of Ohio who have asked me, 2002. Its goals were to provide new voting by our colleague, the gentlewoman go to the act. We can provide this to equipment in those communities where it is from Ohio (Ms. KAPTUR), who has given you. You do not have to buy this equip- needed and wanted; to provide training pro- a great deal of thought and energy to ment this year if you do not believe it grams for election workers and voter edu- this question. I yield to my colleague. is secure. If you do not believe the cation programs for the public; and to estab- Ms. KAPTUR. Mr. Speaker, I thank smart cards are trust worthy, you do lish an Election Assistance Commission to the gentleman from New Jersey (Mr. not have to buy those machines under serve as a national clearinghouse and re- HOLT) for his outstanding national the act that we passed here. There are source for the administration of Federal elec- leadership for his question of the integ- no Federal standards in place yet so tions. rity of our vote and wish to join him in you have no guidelines. So why make Under the Act, the four Commissioners were support of H.R. 2239, his measure to in- decisions prematurely? to be appointed by February 26, 2003. Their still voter confidence and increased ac- We want to make sure that that nominations were not even sent to the Senate cessibility of 2003 by requiring a voter- equipment works once you bring it on until October 3, 2003, and they were not con- verified permanent record or hard copy line, and you have to think about the firmed until December 9, 2003. The first public under title III of the Help America long-term costs of the maintenance of meeting of the Commission was just about 1 Vote Act that we passed back on Octo- the electronic equipment. Right now month ago, on March 23rd. As we meet here, ber 29, 2002. the act does not provide for storage the public comment period on State Election The bill does need perfection, and it costs at a certain humidity, which Plans is underway. At the conclusion of this is to the gentleman from New Jersey’s many of those electronic systems do period, State Election Plans can be self-cer- require. You have to also think about (Mr. HOLT) great credit that over 132 tified by the States and they will begin to re- Members of this House already signed the training of the booth workers who ceive more than $2.3 billion for election train- on as co-sponsors of this measure. will be working this year. The training ing and assistance, in addition to the $650 mil- It is a pleasure to join the gentleman money has not gone out yet. Who will lion that has already been put out to the from New Mexico (Mr. UDALL), the gen- do the training? What kind of training? states. tleman from North Carolina (Mr. Will we be sufficiently trained on this Due to the delays in the appointment of the new equipment by November or should PRICE) here this evening, and the gen- commission, several deadlines specified in you use your traditional system that tlewoman from Florida (Ms. CORRINE HAVA have already been missed: has been in place through this year and BROWN) in supporting this measure. Recommendations and voluntary guidance Let me just say that the goals of the then move the HAVA legislation and on Section 302 provisional voting require- original act were to provide funds for then the equipment and so forth on ments (October 1, 2003); new voting equipment and training and board for elections after January 2006? Recommendations and voluntary guidance I just wanted to mention the gen- that the Election Assistance Commis- on Section 303 provisions on computerized tleman from New Jersey’s (Mr. HOLT) sion that was established as a national statewide voter registration list requirements tremendous work in this area, specifi- clearing house for Federal elections and mail registration requirements (October 1, cally as regards the paper trails and was expected to do many things that 2003); how you recount from a device that Human Factors Report to the President and they have not done to date, simply be- sends its votes into cyberspace. Congress (October 29, 2003); cause they were appointed too late. In We currently have several places in EAC adopts voluntary guidance rec- fact, a year late. They were not con- the country where elections have been ommendations relating to Section 301 Voting firmed in their position until December conducted on this equipment and the Systems Standards Requirements (January 1, 9 of last year. And the first public votes cannot be recounted because the 2004); meeting of the commission was just votes are in space. There is no paper First Annual EAC report to Congress (Janu- about one month ago on March 23. record. There is nothing in the ma- ary 31, 2004); Therefore, when counties in our con- chine you can go back to. It only re- A report and recommendations to the Presi- gressional district looked to the Fed- peats what it did before. There is no dent and Congress for facilitating military and eral Government for information about paper record. And I totally support overseas voting. secure voting systems, and which elec- your efforts to try to get an auditable, Additionally, 24 states have requested and tronic voting devices can really be verifiable paper trail. With all of the been granted a waiver for compliance with trusted, guess what? There is no ad- money we are spending, well over a bil- HAVA voting equipment requirements until the vice, because the commission has not lion dollars in this country, why can first Federal election after January 1, 2006. completed its work. And in fact as we we not get it right the first time and Testing by NIST on voting machines, and its meet here today, the public comment make sure that whatever is necessary obligation to help develop tough standards for period on the various State election to provide that machine with intel- this new equipment, was suspended for 2 plans that have been submitted to the ligence so we can audit that trail is months this year because of the lack of fed- Federal Register for comment which available? In the State of Ohio, I will eral money. The Commission is thankful that will end on May 8 allow for the States end and just say, we have a State re- NIST has been able to identify $375,000 to to self-certify. Those comments are quirement that if an election is within help the Technical Guidance Development just given back to the Secretaries of one half of 1 percent, we must recount. Committee get underway. But no rec- the various States and then Federal It is Ohio’s statute. We must do this. If ommendations are expected for another 9 money begins to kick in, $2.3 billion for we have votes in cyberspace, there is months, while the Commissioners themselves election training, $650 million for no way that we can accomplish this recognize that State and local election authori- equipment; but the point is that there state-mandated test. ties are looking for federal guidelines to help are not Federal standards by which we So I want to thank the gentleman for them develop their own standards. can judge this equipment. This has taking on this major effort. And be- Over the course of the past year, there have never happened before across our Na- lieve me, you have my support in the been many concerns raised regarding the se- tion. Committee on Appropriations and in curity of new voting equipment. Will there be There are many delays associated any other way to try to get these ma- a paper trail that can be used for recounts? with those appointments to the com- chines to function the right way and to Can the summary data stored on the memory mission, and several deadlines in get our poll workers the proper train- components of equipment provide a source for HAVA have already been missed in ing before the election in which any of a recount in which voters can have con- that act. I will submit those for the this equipment is brought on line. fidence? Expert opinion is divided, and several

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00055 Fmt 4634 Sfmt 9920 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE H2258 CONGRESSIONAL RECORD — HOUSE April 21, 2004 states, including Ohio, California, Maryland States are tempted by a slick tech- out, but I want to talk to you about and others, are looking into adopting state leg- nology.’’ what was very up close and personal islation that will build upon HAVA’s minimum Asbury Park Press: ‘‘There’s no good for me in that in my District, in the requirements. reason for Congress to delay mandating 3rd Congressional District of Florida, The Commission itself is scheduled to hold that electronic machines produce paper in Duval County alone, in precinct 7, 8, a hearing regarding concerns about election records.’’ 9 and 10, over 27,000 votes were thrown equipment and other start-up issues on May Los Angeles Times: They say, ‘‘Ma- out, 27,000. 5th. The Technology Subcommittee of the chines, too, can lie.’’ I have here on my right the gen- House Government Reform Committee, which Boston Globe: ‘‘It’s the computers’ tleman from North Carolina (Mr. had planned to hold a hearing on similar con- turn to mess up elections.’’ PRICE) who came to Duval County at a cerns on April 28th, has now delayed their Newsday says, ‘‘Elections flawed.’’ hearing where all the problems that hearing until May 12th. Palm Beach Post, Orlando Sentinel: Florida experienced was discussed and ‘‘The electronic voting machines are the depth of the seriousness of throw- b 1800 better than dimpled chads but need ing out 27,000 votes. Why were they Mr. HOLT. Mr. Speaker, I thank the back-up.’’ thrown out? Because they had old ma- gentlewoman and since she speaks Eugene, Oregon, The Register-Guard: chines, and the machines, when you about appropriations, it is worth point- ‘‘Voters need a record.’’ vote, they just spit the ballot out, and ing out that the Help America Vote Sarasota Herald Tribune: ‘‘A paper we never counted them. To this day, Act, which was passed to bring voting trail would increase faith in elections.’’ 27,000 ballots were not counted. up-to-date and to remove uncertain- I could go on. In newspaper after The sad part about it is that the su- ties, dimpled chads, pregnant chads, newspaper, in town meeting after town pervisor of elections did not inform us. hanging chads, butterfly ballots and all meeting, in letter after letter sent to By law, you can ask for a recount in 48 that and to provide greater access for probably every Member of this House hours. They did not even tell us until people with physical disabilities, to of Representatives, the public is call- at least four days after the election provide greater voting rights for mi- ing for a voter verified paper trail be- that they had thrown them out. By the norities, that bill is a very important cause, I am pleased to say, the Amer- way, I was watching television. The su- step, but it is terribly underfunded. ican public cares about their votes. pervisor of elections came on tele- The appropriations have not come They believe their votes are sacred and vision, and the reporters were asking close to matching what the authors of we should preserve that sanctity. him how many votes were thrown out that bill said was necessary. Someone who can speak with author- in Duval County. He said, oh, 27,000. I But to the other point that my friend ity about this, about the importance of mean, 27,000. So we have to make sure from Ohio raised where in Ohio if an the franchise, how important it is that that that never happens again nowhere election is very close there must be a we extend the vote to all eligible vot- in the United States. recount, let me speak from personal ex- ers and we make it as easy as possible When I travel around the world and I perience. for them to vote thoughtfully and that go to places like Haiti, they did not A few years ago, I was involved in a we ensure the integrity of those votes have 27,000 votes thrown out. When I go close election. My opponent asked for a is the gentlewoman from the great to Africa and monitor their elections, I recount. In one of the five counties in State of Florida (Ms. CORRINE BROWN), mean if we are going to be the voice of my District, there were then in use which, I am sorry to say, the State has freedom, it starts with the election. electronic voting machines. No sur- become the poster child of voting irreg- Let me just say that I supported the prise, several weeks after the election, ularities, but that is just because the initiative on the Help America Vote when the judge asked for a recount, vote was close in Florida. If it had been Act that was passed back in 2002, and I those machines gave exactly the same close in other States, we would have thought it was particularly important numbers that they gave 5 minutes after found voting irregularities in other that the law provides money to help the polls closed. They call that a re- States, too. States replace and update their old and count but it is meaningless. If there We have to do everything we can in outdated voting machines. Now we can was an error, if the voter’s intention every State to restore the sanctity of see why this is so important because of was not properly recorded, no one will the vote, the integrity of the vote, the what happened in Florida, just during ever know. Each time you interrogate reliability of the vote, and with that, I the last primary. the computer, it will give you the same would be pleased to yield to my friend, During the primary even though answer. I do not call that a recount be- the gentlewoman from Florida (Ms. voter turnout was light, serious prob- cause you are not testing against the CORRINE BROWN). lems occurred. For example, voters voters’ intentions. Ms. CORRINE BROWN of Florida. were incorrectly given computer cards Let me quickly just read a few com- Mr. Speaker, first of all, I want to that let them vote only on local issues ments from the press around the coun- thank the gentleman for holding this and not on the issue that they came to try. The New York Times: ‘‘Even a cur- meeting today to discuss the elections vote for, the presidential primary. So sory look at the behavior of the major and how we are going to ensure that we the fact is that in many counties, the voting machine companies reveals sys- have a fair election in 2004 and how we machines did not work, and even the tematic flouting of the rules. Software are going to make sure that people in experts, the computer scientists, was modified without government America get a chance to vote but also warned that votes and entire elections, oversight; machine components were that their votes will count, but I do in fact, could be stolen by rigging the replaced without being rechecked. And have to correct my colleague on just codes that run the machines, and the here’s the crucial point: even if there one thing because Florida is not just only defense against this is a paper are strong reasons to suspect that elec- known in the country, it is known trail, in every vote count, so that a tronic machines miscounted votes, throughout the world, because of this paper ballot could be counted if the nothing can be done about it. There is last election. machines tallies are brought into ques- no paper trail; there is nothing to re- I just returned from Eastern Europe tion. count.’’ and I tell you, anytime I mentioned To me, after what happened in 2000, I Anchorage, Alaska: ‘‘Alaska law,’’ that I am from Florida, there is a sym- think of all places, Florida definitely and by extension the Federal law, pathy in the look that I receive be- needs a paper trail. We need a paper ‘‘should require electronic voting ma- cause they wonder how in the world trail. Nothing has changed in Florida. chines to produce a paper record of that South Africa could get it right We still have the same governor. Jeb each vote.’’ and we could not get it right in the Bush is the governor of Florida, and we Bangor, Maine: ‘‘Paperless voting great State of Florida. still have a system in place where the machines and those that transmit re- The correction I want to make is governor paid a firm out of Texas $4 sults over the Internet are vulnerable that the election in Florida was not million to verify felons. Well, it did not to glitches and manipulation by hack- close. It was not close at all. State- matter whether you were a felon or ers. Yet election officials in many wide, over 150,000 votes were thrown not. If your name was James Brown or

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE April 21, 2004 CONGRESSIONAL RECORD — HOUSE H2259 CORRINE BROWN, we just took all of the It also increases accessibility, it in- Miami-Dade County votes were not counted similar names out of the system, and creases compliance with the Americans on election night because machines were you were not even notified so that you With Disabilities Act, it strengthens shut down improperly. One precinct with over 1,000 eligible voters recorded no votes, could correct it before the election. the Voting Rights Act of 1965, it pro- despite a 33 percent turnout statewide. Elec- So when you went to the supervisor vides for a centralized database in each tion workers spent days hunting for lost of elections office, where you have been State of registered voters, and it helps votes, while Floridians waited, in an uncom- going for the past 30 years, you were replace the old machines. fortable replay of 2000, to see whether Mr. told that you could not vote because Ms. CORRINE BROWN of Florida. McBride’s victory margin, which had dwin- you were a felon and you had no re- Mr. Speaker, if the gentleman will dled to less than 10,000, would hold up. course. We had nothing in place that yield for just one second, he is abso- This past Tuesday, even though turnout was minimal, there were problems. Voters you could cast your ballot and later we lutely right, the provisional ballot is in were wrongly given computer cards that let could rectify it, and so all of those peo- place. But to this point you have no as- them vote only on local issues, not in the ple, thousands, was turned away on surance that they are going to count it. presidential primary. Machines did not work. election day. Mr. HOLT. That is right. And there were, no doubt, other mishaps About three weeks later, they got a Ms. CORRINE BROWN of Florida. So that did not come to light because of the letter from the supervisor of their elec- that is a major problem. stunning lack of transparency around voting tions saying, whoops, we made a mis- Mr. HOLT. Mr. Speaker, there is one in the state. When a Times editorial writer take, and we in this Congress and we in more point I want to make quickly be- dropped in on one Palm Beach precinct fore I yield to the gentleman from where there were reports of malfunctioning this country are still suffering from machines, county officials called the police that mistake, and we have to be com- North Carolina. to remove him. mitted that what happened in the 2000 Ms. CORRINE BROWN of Florida. If The biggest danger of electronic voting, election will never happen again in this the gentleman will allow me one other however, cannot be seen from the outside. country. We have to make sure that we quick comment. Computer scientists warn that votes, and put the credibility back for the Amer- Mr. HOLT. Certainly I will continue whole elections, can be stolen by rigging the code that runs the machines. The only de- ican people and for the world because to yield to the gentlewoman. Ms. CORRINE BROWN of Florida. fense is a paper record of every vote cast, a the world looks at us as a beacon of ‘‘voter-verified paper trail,’’ which can be light, of hope, and yet they wonder why The other thing is that the handi- counted if the machines’ tallies are suspect. we cannot get it right in the United capped citizens sued Duvall County Given its history, Florida should be a leader States. Maybe the reason why we can- pertaining to access to the election, in requiring paper trails. But election offi- not get it right is because we do not making sure that they have an oppor- cials, including Theresa LePore, the Palm want to get it right. tunity to vote in private, and they Beach County elections supervisor who was I enjoy a good campaign, but the end won. So I want to submit this for the responsible for the butterfly ballot, have re- RECORD for the membership to review. fused to put them in place. result is we have got to make sure that Last week, Representative Robert Wexler, when the American people go to the [From the New York Times, Mar. 14, 2004] a Florida Democrat, filed a federal lawsuit polls in November that they can vote, FLORIDA AS THE NEXT FLORIDA to require paper trails. He relies on the Su- that their vote will count and there is As Floridians went to the polls last Tues- preme Court’s holding in Bush v. Gore that verification of the vote. day, Glenda Hood, Katherine Harris’s suc- equal protection requires states to use com- I thank the gentleman very much for cessor as secretary of state, assured the na- parable recount methods from county to having this opportunity to talk to the tion that Florida’s voting system would not country. Florida law currently requires a hand recount in close races. That is possible American people about a system that break down this year the way it did in 2000. Florida now has ‘‘the very best’’ technology in most counties, but the 15 that use elec- is still broke, and if we do not put the available, she declared on CNN. ‘‘And I do tronic voting machines do not produce paper money, the oversight and the security feel that it’s a great disservice to create the records that can be recounted. Under the into the system, then shame on us. feeling that there’s a problem when there is logic of Bush v. Gore, Representative Wexler Mr. HOLT. Mr. Speaker, I thank the not.’’ Hours later, results in Bay County is right. gentlewoman for those remarks. showed that with more than 60 percent of After the 2000 mess, Americans were as- Let me again quote from Anthony precincts reporting, Richard Gephardt, who sured they would not have to live through long before had pulled out of the presidential such a flawed election again. But Florida has Stevens, the Assistant Secretary of put in place a system, electronic voting State of New Hampshire: The cost of race, was beating John Kerry by two to one. ‘‘I’m devastated,’’ the county’s top election without a paper trail, that threatens once restoring legitimacy is far greater than official said, promising a recount of his more to produce an outcome that cannot be the cost of maintaining it. When there county’s 19,000 votes. trusted. There is still time before the No- is an error in the election or when Four years after Florida made a mockery vember vote to put printers in place in the 15 there is uncertainty that there might of American elections, there is every reason Florida counties that use touch screens. As be an error in the election, it hurts de- to believe it could happen again. This time, we learned four years ago, once the election mocracy. The winner is compromised; the problems will most likely be with the has been held on bad equipment, it is too late to make it right. the loser is compromised. Democracy electronic voting that has replaced chad-pro- is compromised. ducing punch cards. Some counties, including Bay County, use paper ballots that are [From the Florida Times-Union, Apr. 20, So the fact that there is so much un- fed into an optical scanner, so a recount is 2004] certainty about what happened in Flor- possible if there are questions. But 15 Florida JUDGE STAYS OWN ORDER ON VOTING ida three-and-a-half years ago is cer- counties, including Palm Beach, home of the MACHINES tainly no cause for celebration by the infamous ‘‘butterfly ballot,’’ have adopted (By Paul Pinkham) Republicans that they won because touch-screen machines that do not produce a Duval County may not have to buy handi- there is a cloud hanging over our de- paper record. If anything goes wrong in these cap-accessible voting machines for the Au- mocracy, and it cannot be resolved. counties in November, we will be in bad gust primaries after a Federal judge’s ‘‘Re- The HAVA Act, the Help America shape. luctant’’ stay of his own order so the county Florida’s official line is that its machines can appeal. Vote Act, does take care of some of the are so carefully tested, nothing can go Lawyers for blind and manually disabled problems that my colleague from Flor- wrong. But things already have gone wrong. voters said they will ask the 11th U.S. Cir- ida raised. A voter now can demand a In a January election in Palm Beach and cuit Court of Appeals in Atlanta this week to provisional ballot. If when you show up Broward Counties, the victory margin was 12 expedite the appeal. But even if they are suc- at the polls you are told, well, we can- votes, but the machines recorded more than cessful, City Hall attorneys said, little time not find your name on the registration 130 blank ballots. It is simply not believable will be left to implement Senior U.S. Dis- list, you can vote provisionally. You that 130 people showed up to cast a nonvote, trict Judge Wayne Alley’s order that optical in an election with only one race on the bal- must be allowed to vote provisionally scan voting machines with audio ballots be lot. The runner-up wanted a recount, but placed in 57 of the county’s 285 precincts for under the Help America Vote Act. since the machines do not produce a paper the Aug. 31 primary elections. b 1815 record, there was nothing to recount. ‘‘It’d be virtually impossible,’’ Assistant In 2002, in the primary race for governor General Counsel Scott Makar said, ‘‘Right And then later they will determine between Janet Reno and Bill McBride, elec- now, we have four months to implement the whether that ballot is good. They will tronic voting problems were so widespread judge’s order. What could we do in two not turn you away. they cast doubt on the outcome. Many months?’’

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE H2260 CONGRESSIONAL RECORD — HOUSE April 21, 2004 Last month, Alley found Duval County Su- certify handicap-accessible touchscreen ma- were purged who had no felony convic- pervisor of Elections John Stafford in viola- chines made by the vendor the city does tions. They were unjustly denied their tion of the Americans With Disabilities Act business with, Assistant General Counsel right to vote. Just think about how because visually and manually disabled peo- Scott Makar said. frustrating and disillusioning it would ple are unable to vote without assistance on They haven’t decided whether to appeal. the county’s optical scan voting machines. ‘‘We really want to get a fuller reading of be to show up at the polling station But late Friday, he granted Stafford’s re- the judge’s order and its impact,’’ Makar and be told you could not vote when quest for a stay pending appeal, an unusual said. ‘‘The remedy is not going to be known you have nothing to compromise your step for a trial judge. until after May 14th.’’ eligibility. The judge said he was doing so reluctantly If the state certifies Diebold Election Sys- So I want to inform my colleagues because he doubts the county will prevail on tems’ touchscreen machines with audio bal- that I will be introducing a bill next appeal. But he said if the county did happen loting, cost of installing them according to week that will deal specifically with to win on appeal, without a stay money al- Alley’s order would be about $180,000, not in- this problem. And I appreciate my col- ready would have been spent on new voting cluding training and software considerations, Makar said. Diebold and the Sec- league underscoring this unsolved equipment. Estimates range from $275,000 problem from the Florida debacle. into the millions. retary of State’s Office are working toward ‘‘Clearly the citizens of Duval County certifying the machines for use in Florida My bill would ensure that no Amer- would be greatly impacted to the potential elections. ican is ever denied the right to vote in expenditure of monies to purchase voting But if the state doesn’t certify Diebold’s a future election because he or she is machines that might be rendered useless in machines, or if those machines don’t allow a mistakenly labeled as having com- the event . . . Stafford prevails on appeal,’’ manually impaired voter to vote independ- mitted a felony. It would require Alley wrote. ‘‘Although the court feels there ently with a mouth stick, Alley said he will States to send that notification that require the city to buy similar units else- is a public interest in preserving the rights our colleague says was never sent, send of all citizens, including plaintiffs, the more where. The cost of integrating a new system could run in the millions, Makar said. Alley that notification no later than 30 days pointed public interest in this case is fiscal, prior to an election, informing people blue-lighted bridges notwithstanding.’’ ordered Supervisor of Elections John Staf- The bridges comment referred to evidence ford to keep the court apprised of the status convicted of a felony that they have presented at trial about money Jacksonville of Diebold’s certification efforts. been removed from the voter list and spent putting decorative blue lighting on the The judge also gave Stafford until April 12 explaining the reasons why. And then Acosta bridge. to submit a plan for distributing the ma- the person who is notified can respond. Despite the stay, Alley said he was ‘‘puz- chines in precincts around Duval County. This would let them know about their zled’’ at the city’s aggressive defense of the The plaintiffs will have an opportunity to rights to appeal the decision. It would case. comment on the plan, Alley ordered. Visually and manually disabled voters sued require the State rule on the appeal. ‘‘Plaintiffs are citizens whose rights are And if the appeal is still pending at the entitled to protection,’’ he said. But he noted Stafford in 2001 after he bought optical scan that, though the voting ‘‘method in place is balloting equipment from Diebold instead of time of election, my bill would say not the preferred one . . . their substantive touch screens with audio balloting. Alley, a they can cast a provisional ballot. right to vote will not be abrogated.’’ visiting judge from Oklahoma, heard two That is legislation that I believe Douglas Baldridge, attorney for the Amer- weeks of testimony in September and indi- would fill a remaining problem from ican Association of People with Disabilities cated in January he planned to rule in favor the Florida experience. in Washington, said he has asked city attor- the plaintiffs. Ms. CORRINE BROWN of Florida. neys to join him in asking the 11th Circuit ‘‘At the time the city purchased the optical scan system, it was technologically and And, Mr. Speaker, if the gentleman for an expedited appeal to resolve the case. from New Jersey will continue to yield ‘‘My hope is that they just don’t have a de- financially feasible to employ a voting system readily accessible to visually impaired for just 30 seconds. sire to run out the clock on disabled citi- Mr. HOLT. I yield to the gentle- zens,’’ Baldridge said. voters,’’ he said in his order. Makar said city attorneys are considering Makar said Stafford ‘‘has taken pains- woman from Florida, Mr. Speaker. Baldridge’s request but are looking more to- taking efforts’’ to meet the rights of disabled Ms. CORRINE BROWN of Florida. ward 2006, when the federal Help America voters and has been working toward manda- Let me just mention that there are Vote Act takes effect, requiring all U.S. tory compliance with the federal Help Amer- only five States now that will not counties to have the necessary equipment to ica Vote Act. That law requires all U.S. allow ex-felons to vote. And that is a allow disabled people to vote independently. counties to have voting systems in place by bigger issue. Because once someone 2006 that allow disabled people to vote with- pays their dues and serves their time, [From the Florida Times-Union, Mar. 30, out assistance. ‘‘Buying the equipment now is basically you want them to be productive citi- 2004] like buying an 8-track when the DVDs are zens. And part of being a productive JUDGE SMUDGES DUVAL VOTING coming off the presses any time now,’’ citizen is participating in the voting (By Paul Pinkham) Makar said. process. So that is something that we Duval County election officials are vio- But Baldridge said Alley’s decision is le- need to take a look at. lating the Americans With Disabilities Act gally sound, and disabled voters shouldn’t This is something that has been held and must buy 60 new voting machines acces- have to wait two more years. ‘‘Obviously it’d be great to have [audio bal- over from the old Jim Crow days. sible to blind voters in time for the August Mr. PRICE of North Carolina. That is primaries, a federal judge has ordered. loting in] every precinct, but we were there to make sure that the violation was proven a larger issue. My bill would simply The machines also must be usable by deal with these purges and the fact manually disabled voters and placed in 20 and to get some relief for these disabled citi- percent of the county’s 295 voting precincts zens,’’ Baldridge said. ‘‘It’s an absolute vic- that there often have been mistaken under a court-approved plan according to tory.’’ purges. It would give people who were population density and the availability of Mr. PRICE of North Carolina. Mr. purged the chance to respond. transportation, Senior U.S. District Judge Speaker, if the gentleman will yield, I again want to commend the gen- Wayne Alley wrote. before our colleague from Florida tleman from New Jersey (Mr. HOLT) While Alley’s ruling isn’t binding on other leaves, I do want to make one note. and all the others today for being part jurisdictions, the case was the first of its Mr. HOLT. Mr. Speaker, I yield to of this. We need to take these next kind in the nation to go to trial and will the gentleman from North Carolina. steps in election reform. We have got- have far-reaching implications for the rights ten rid of the unregulated soft money, of disabled voters to cast their ballots inde- Mr. PRICE of North Carolina. What pendently. the gentlewoman from Florida said and we have made certain that can- ‘‘It is truly a landmark decision,’’ said about this purging of supposed felons, didates are going to have to stand up Doug Baldridge, attorney for the American these purges were exempted from pro- and take responsibility for the content Association of People With Disabilities in tection under the National Voter Reg- of their ads. We have made some head- Washington. ‘‘There is now a well-respected istration Act. So many districts way. But this legislation that the gen- judge making a well-reasoned decision. . . . purged, as I understand, their voting tleman from New Jersey (Mr. HOLT) That’s powerful.’’ roll before the election without noti- has introduced in addition to the bill I City Hall attorneys were caught off guard have just described I believe would by the order, which they received Monday fying the people who were purged. morning. Though they anticipated an ad- Ms. CORRINE BROWN of Florida. take us several steps further to restor- verse decision based on Alley’s previous com- That is right. ing faith in our democracy, and I look ments, they expected the judge to wait until Mr. PRICE of North Carolina. So the forward to working with my colleagues the May 14 deadline he set for the state to problem is that thousands of Floridians on this.

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE April 21, 2004 CONGRESSIONAL RECORD — HOUSE H2261 Mr. HOLT. Mr. Speaker, I look for- nounced by the Speaker of the House of ENROLLED BILLS SIGNED ward to working with the gentleman Representatives in extraordinary cir- Mr. Trandahl, Clerk of the House, re- from North Carolina also. cumstances, and for other purposes, ported and found truly enrolled bills of Each of these pieces of legislation which was referred to the House Cal- the House of the following titles, which deals with one aspect of the problem. endar and ordered to be printed. were thereupon signed by the Speaker: One of the lessons of the election of f H.R. 1274. An act to direct the Adminis- 2000 was that many millions of Ameri- LEAVE OF ABSENCE trator of General Services to convey to Fres- cans learned how complicated the vot- no County, California, the existing Federal ing question is. But we certainly can By unanimous consent, leave of ab- courthouse in that county. take care of these two matters in a sence was granted to: H.R. 2489. An act to provide for the dis- straightforward way. Mr. KINGSTON (at the request of Mr. tribution of judgment funds to the Cowlitz Again, my legislation would require DELAY) for today on account of attend- Indian Tribe. that all voting systems produce a ing the funeral of a dear friend. H.R. 3118. An act to designate the Orville Wright Federal Building and the Wilbur voter-verified paper record for use in f Wright Federal Building in Washington, Dis- manual audits. It would ban the use of SPECIAL ORDERS GRANTED trict of Columbia. undisclosed software. It would require f that all voting systems meet these re- By unanimous consent, permission to quirements, a voter verification, in address the House, following the legis- ADJOURNMENT time for their November 2004 election, lative program and any special orders Mr. MARIO DIAZ-BALART of Flor- this year. It requires that electronic heretofore entered, was granted to: ida. Mr. Speaker, I move that the voting systems be provided for persons (The following Members (at the re- House do now adjourn. with disabilities earlier than under the quest of Mr. BROWN of Ohio) to revise The motion was agreed to; accord- Help America Vote Act, and it would and extend their remarks and include ingly (at 7 o’clock and 4 minutes p.m.), require mandatory surprise recounts in extraneous material:) under its previous order, the House ad- one-half of 1 percent of all jurisdic- Mr. DEFAZIO, for 5 minutes, today. journed until tomorrow, Thursday, tions. Mr. EMANUEL, for 5 minutes, today. April 22, 2004, at 9 a.m. Ms. SCHAKOWSKY, for 5 minutes, I think that would go a long way. f Now, some of my colleagues here on today. the floor say, oh, that is not necessary, Mr. BROWN of Ohio, for 5 minutes, EXECUTIVE COMMUNICATIONS, let us let HAVA work. I tell you one today. ETC. way we can let HAVA work. Each State Mr. PALLONE, for 5 minutes, today. Under clause 8 of rule XII, executive has submitted to the Election Assist- Mr. HINCHEY, for 5 minutes, today. communications were taken from the ance Commission a plan of how it will Ms. WOOLSEY, for 5 minutes, today. Speaker’s table and referred as follows: Mr. WYNN, for 5 minutes, today. comply with HAVA. That has been pub- 7623. A letter from the Deputy Associate lished in the Federal Register. Public Mrs. MALONEY, for 5 minutes, today. Administrator, Environmental Protection comments on those State plans are due Mr. CONYERS, for 5 minutes, today. Agency, transmitting the Agency’s final by May 8, and members of the public Mr. CARDOZA, for 5 minutes, today. rule—Support the Tribal Pesticide Program are invited to comment to the Election Mr. GREEN of Texas, for 5 minutes, Council (TPPC); Notice of Funds Avail- today. ability [OPP–2003–0399; FRL–7349–1] received Assistance Commission. April 9, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); That is one way that the process will Mr. MCDERMOTT, for 5 minutes, today. to the Committee on Agriculture. work. Because ultimately it is the pub- 7624. A letter from the Deputy Associate Mr. RYAN of Ohio, for 5 minutes, lic, not the 435 of us here, who own this Administrator, Environmental Protection democracy and who ultimately must today. Agency, transmitting the Agency’s final ensure that it works as it should. Mr. SCHIFF, for 5 minutes, today. rule—Boscalid; Pesticide Tolerance [OPP– Ms. KAPTUR, for 5 minutes, today. 2004–0075; FRL–7353–1] received April 9, 2004, f Ms. NORTON, for 5 minutes, today. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- RECESS Ms. MILLENDER-MCDONALD, for 5 min- mittee on Agriculture. utes, today. 7625. A letter from the Comptroller, De- The SPEAKER pro tempore (Mr. Mr. GEORGE MILLER of California, for partment of Defense, transmitting a report BURNS). Pursuant to clause 12(a) of rule 5 minutes, today. of a violation of the Antideficiency Act by I, the Chair declares the House in re- the Department of the Navy, Case Number (The following Members (at the recess subject to the call of the Chair. 02–15, pursuant to 31 U.S.C. 1517(b); to the quest of Mr. BURGESS) to revise and ex- Accordingly (at 6 o’clock and 21 min- Committee on Appropriations. tend their remarks and include extra- utes p.m.), the House stood in recess 7626. A letter from the Comptroller, De- neous material:) partment of Defense, transmitting a report subject to the call of the Chair. Mr. MORAN of Kansas, for 5 minutes, of a violation of the Antideficiency Act by f today. the Department of the Army, Case Number b 1903 (The following Members (at their own 03–08, pursuant to 31 U.S.C. 1517(b); to the request) to revise and extend their re- Committee on Appropriations. AFTER RECESS 7627. A letter from the Assistant Secretary, marks and include extraneous mate- Department of Defense, transmitting the Na- The recess having expired, the House rial:) tional Guard Challenge Program Annual Re- was called to order by the Speaker pro Mr. SHIMKUS, for 5 minutes, today. port for Fiscal Year 2004, required under sec- tempore (Mr. DREIER) at 7 o’clock and Mr. OWENS, for 5 minutes, today. tion 509(k) of title 32, United States Code; to 3 minutes p.m. f the Committee on Armed Services. 7628. A letter from the Acting Under Sec- f SENATE BILL REFERRED retary, Department of Defense, transmitting REPORT ON RESOLUTION PRO- A bill of the Senate of the following a report required by section 335 of the Na- VIDING FOR CONSIDERATION OF title was taken from the Speaker’s tional Defense Authorization Act for Fiscal Year 2004 (Pub. L. 108–136) regarding the im- H.R. 2844, CONTINUITY IN REP- table and, under the rule, referred as RESENTATION ACT OF 2004 plementation of the revised Office of Man- follows: agement and Budget (OMB) Circular A–76, Mr. MARIO DIAZ-BALART of Flor- S. 1814. An act to transfer Federal lands be- Performance of Commercial Activities; ida from the Committee on Rules, sub- tween the Secretary of Agriculture and the jointly to the Committees on Armed Serv- mitted a privileged report (Rept. No. Secretary of the Interior; to the Committee ices and Government Reform. 108–466) on the resolution (H. Res. 602) on Resources; in addition to the Committee 7629. A letter from the Principal Deputy providing for consideration of the bill on Agriculture and to the Committee on Under Secretary, Department of Defense, Education and the Workforce for a period to transmitting the Department’s report that (H.R. 2844) to require States to hold be subsequently determined by the Speaker, covers two areas involving the Armed Serv- special elections to fill vacancies in the in each case for consideration of such provi- ices’ aviation programs for FY 2003, pursuant House of Representatives not later sions as fall within the jurisdiction of the to 37 U.S.C. 301a(f) and (b); to the Committee than 21 days after the vacancy is an- committee concerned. on Armed Services.

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE H2262 CONGRESSIONAL RECORD — HOUSE April 21, 2004 7630. A letter from the Principal Deputy ceived April 9, 2004, pursuant to 5 U.S.C. ment of Defense, transmitting report pursu- Under Secretary, Department of Defense, 801(a)(1)(A); to the Committee on Energy and ant to the Federal Vacancies Reform Act of transmitting Approval of Colonel David M. Commerce. 1998; to the Committee on Government Re- Snyder, United States Air Force, to wear the 7640. A letter from the Deputy Associate form. insignia of brigadier general in accordance Administrator, Environmental Protection 7652. A letter from the Acting Secretary, with title 10, United States Code, section 777; Agency, transmitting the Agency’s final Department of Housing and Urban Develop- to the Committee on Armed Services. rule—Approval and Promulgation of Air ment, transmitting a copy of the Govern- 7631. A letter from the Acting Under Sec- Quality Implementation Plans; District of ment National Mortgage Association (Ginnie retary, Department of Defense, transmitting Columbia, Maryland, Virginia; Post 1996 Mae) management report for the fiscal year the Department’s report for purchases from Rate-of-Progress Plans and One-Hour Ozone ended September 30, 2003, pursuant to 31 foreign entities for Fiscal Year2003, pursuant Attainment Demonstrations [DC052–7007, U.S.C. 9106; to the Committee on Govern- to Public Law 104–201, section 827 Public Law MD143–3102, VA129–5065; FRL–7645–1] received ment Reform. 105–261, section 812; to the Committee on April 9, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); 7653. A letter from the General Counsel, Armed Services. to the Committee on Energy and Commerce. Department of Housing and Urban Develop- 7632. A letter from the Chairman, Ap- 7641. A letter from the Assistant Legal Ad- ment, transmitting report pursuant to the praisal Subcommittee of the Federal Finan- viser for Treaty Affairs, Department of Federal Vacancies Reform Act of 1998; to the cial Institutions Examination Council, State, transmitting copies of international Committee on Government Reform. transmitting the 2003 Annual Report, pursu- agreements, other than treaties, entered into 7654. A letter from the General Counsel, ant to 12 U.S.C. 3332; to the Committee on by the United States, pursuant to 1 U.S.C. Department of Housing and Urban Develop- Financial Services. 112b; to the Committee on International Re- ment, transmitting report pursuant to the 7633. A letter from the Chairman, National lations. Federal Vacancies Reform Act of 1998; to the Endowment for the Arts, National Founda- 7642. A communication from the President Committee on Government Reform. tion on the Arts & the Humanities, transmit- of the United States, transmitting a report 7655. A letter from the Associate Attorney ting the Federal Council on the Arts and the including matters relating to post-liberation General, Department of Justice, transmit- Humanities’ twenty-eigth annual report on Iraq as consistent with the Authorization for ting the annual report of activities under the the Arts and Artifacts Indemnity Program Use of Military Force Against Iraq Resolu- Freedom of Information Act for 2003, pursu- for Fiscal Year 2003, pursuant to 20 U.S.C. tion of2002 (Public Law 107–243); (H. Doc. No. ant to 5 U.S.C. 552(d); to the Committee on 959(c); to the Committee on Education and 108–180); to the Committee on International Government Reform. the Workforce. Relations and ordered to be printed. 7656. A letter from the Chairman, Federal 7634. A letter from the Acting Assistant 7643. A letter from the Assistant Secretary, Housing Finance Board, transmitting the Secretary for Communications and Informa- Bureau of Legislative Affairs, Department of Board’s annual report that fulfills the re- tion, Department of Commerce, transmitting State, transmitting a report describing, to porting requirements set forth in the Notifi- the extent practicable, any involvement of a the National Telecommunications and Infor- cation and Federal Employee Antidiscrimi- foreign military or defense ministry civilian mation Administration’s (NTIA) assessment nation and Retaliation Act of 2002 (No Fear that have participated in the International of the major actions that must be completed Act); to the Committee on Government Re- Military Education and Training (IMET) in the allocation of the spectrum to the ci- form. program, and have been identified in the vilian sector for the effective deployment of 7657. A letter from the Chairman, Federal Country Reports on Human Rights Practices third generation (3G) wireless devices in the Maritime Commission, transmitting a copy for 2003 as violating internationally recog- United States, pursuant to Public Law 108– of the annual report in compliance with the nized human rights subsequent to such train- 119 (118 Stat. 3); to the Committee on Energy Government in the Sunshine Act for cal- ing; to the Committee on International Rela- and Commerce. endar year 2003, pursuant to 5 U.S.C. 552b(j); 7635. A letter from the Secretary, Depart- tions. 7644. A letter from the Assistant Secretary to the Committee on Government Reform. ment of Veterans Affairs, transmitting the 7658. A letter from the Chairman and Gen- for Legislative Affairs, Department of State, Department’s vehicle fleet report on alter- eral Counsel, National Labor Relations transmitting a report required by Section 301 native fueled vehicles for FY 2003, submitted of the United States Macau Policy Act, cov- Board, transmitting the Performance Pro- in accordance with the Energy Conservation ering the period from April 1, 2003, to March gram Report for Fiscal Year 2003, in accord- and Reauthorization Act (ECRA), and Execu- 31, 2004, pursuant to Public Law 106–570, sec- ance with the requirements of the Govern- tive Order 13149, Greening the Government tion 204; to the Committee on International ment Performance and Results Act (GPRA); through Federal Fleet and Transportation Relations. to the Committee on Government Reform. Efficicency; to the Committee on Energy and 7645. A letter from the Executive Director, 7659. A letter from the Associate Special Commerce. Christopher Columbus Fellowship Founda- Counsel for Investigation and Prosecution, 7636. A letter from the Deputy Associate tion, transmitting pursuant to the Account- Office of Special Counsel, transmitting the Administrator, Environmental Protection ability of Tax Dollars Act, the Foundation’s Office’s FY 2003 Annual Report Pursuant to Agency, transmitting the Agency’s final quarterly financial statement, prepared by the No Fear Act, pursuant to 5 U.S.C. 1211; to rule—Pollution Prevention Grants and An- the U.S. General Services Administration; to the Committee on Government Reform. nouncement of Financial Assistance Pro- the Committee on Government Reform. 7660. A letter from the Executive Director, grams Eligible for Review; Notice of Avail- 7646. A letter from the Assistant Director, United States Access Board, transmitting a ability [OPPT–2003–0072; FRL–7342–6] re- Executive and Political Personnel, Depart- report, pursuant the requirements of section ceived April 9, 2004, pursuant to 5 U.S.C. ment of Defense, transmitting report pursu- 203(b) of the Notification and Federal Em- 801(a)(1)(A); to the Committee on Energy and ant to the Federal Vacancies Reform Act of ployee Antidiscrimination and Retaliation Commerce. 1998; to the Committee on Government Re- Act of 2002 (No Fear Act); to the Committee 7637. A letter from the Deputy Associate form. on Government Reform. Administrator, Environmental Protection 7647. A letter from the Assistant Director, 7661. A letter from the Deputy Assistant Agency, transmitting the Agency’s final Executive and Political Personnel, Depart- Administrator for Regulatory Programs, rule—OMB Approvals Under the Paperwork ment of Defense, transmitting report pursu- NMFS, National Oceanic and Atmospheric Reduction Act; Technical Amendment [FRL– ant to the Federal Vacancies Reform Act of Administration, transmitting the Adminis- 7645–6] received April 9, 2004, pursuant to 5 1998; to the Committee on Government Re- tration’s final rule—Fisheries of the North- U.S.C. 801(a)(1)(A); to the Committee on En- form. eastern United States; Atlantic Mackerel, ergy and Commerce. 7648. A letter from the Assistant Director, Squid, and Butterfish Fisheries [Docket No. 7638. A letter from the Deputy Associate Executive and Political Personnel, Depart- 031104274–4011–02; I.D. 101603A] (RIN: 0648– Administrator, Environmental Protection ment of Defense, transmitting report pursu- AQ83) received April 6, 2004, pursuant to 5 Agency, transmitting the Agency’s final ant to the Federal Vacancies Reform Act of U.S.C. 801(a)(1)(A); to the Committee on Re- rule—National Emission Standards for Haz- 1998; to the Committee on Government Re- sources. ardous Air Pollutants for Industrial, Com- form. 7662. A letter from the Deputy Assistant mercial, and Institutional Boilers and Proc- 7649. A letter from the Assistant Director, Administrator for Regulatory Programs, ess Heaters [OAR–2002–0058; FRL–7633–9] Executive and Political Personnel, Depart- NMFS, National Oceanic and Atmospheric (RIN: 2060–AG69) received April 9, 2004, pursu- ment of Defense, transmitting report pursu- Administration, transmitting the Adminis- ant to 5 U.S.C. 801(a)(1)(A); to the Committee ant to the Federal Vacancies Reform Act of tration’s final rule—Fisheries of the North- on Energy and Commerce. 1998; to the Committee on Government Re- eastern United States; Atlantic Sea Scallop 7639. A letter from the Deputy Associate form. Fishery; Emergency Rule to Maintain an Administrator, Environmental Protection 7650. A letter from the Assistant Director, Area Access Program for the Atlantic Sea Agency, transmitting the Agency’s final Executive and Political Personnel, Depart- Scallop Fishery in Hudson Canyon [Docket rule—Approval of Section 112(l) Authority ment of Defense, transmitting report pursu- No. 040130031–4070–02; I.D. 021704D] (RIN: 0648– for Hazardous Air Pollutants; Equivalency ant to the Federal Vacancies Reform Act of AR92) received April 6, 2004, pursuant to 5 by Permit Provisions; National Emission 1998; to the Committee on Government Re- U.S.C. 801(a)(1)(A); to the Committee on Re- Standards for Hazardous Air Pollutants from form. sources. the Pulp and Paper Industry; State of North 7651. A letter from the Assistant Director, 7663. A letter from the Deputy Assistant Carolina [NC–112L–2004–1–FRL–7646–2] re- Executive and Political Personnel, Depart- Administrator for Regulatory Programs,

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE April 21, 2004 CONGRESSIONAL RECORD — HOUSE H2263 NMFS, National Oceanic and Atmospheric NMFS, National Oceanic and Atmospheric Foreign Agents Registration Act covering Administration, transmitting the Adminis- Administration, transmitting the Adminis- the six months ended June 30, 2003, pursuant tration’s final rule—Fisheries of the North- tration’s final rule—Taking of the Cook to 22 U.S.C. 621; to the Committee on the Ju- eastern United States; Summer Flounder, Inlet, Alaska, Stock of Beluga Whales by diciary. Scup, and Black Sea Bass Fisheries; 2004 Alaska Natives [Docket No. 000922272–4087–02; 7680. A letter from the Congressional Medal Specifications [Docket No 031119283–4001–02; I.D. 061600A] (RIN: 0648–AO16) received April of Honor Society of the United States of I.D. 110703A] (RIN: 0648–AQ80) received April 13, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to America, transmitting the annual financial 6, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Resources. report of the Society for calendar year 2003, the Committee on Resources. 7672. A letter from the Deputy Assistant pursuant to 36 U.S.C. 1101(19) and 1103; to the 7664. A letter from the Acting Director, Of- Administrator for Regulatory Programs, Committee on the Judiciary. fice of Sustainable Fisheries, NMFS, Na- NMFS, National Oceanic and Atmospheric 7681. A letter from the Chairman, United tional Oceanic and Atmospheric Administra- Administration, transmitting the Adminis- States Commission on Civil Rights, trans- tion, transmitting the Administration’s final tration’s final rule—Fisheries Off West Coast mitting the Commission’s report entitled, rule—Fisheries of the Caribbean, Gulf of States and in the Western Pacific; Western ‘‘A Quiet Crisis: Federal Funding and Unmet Mexico, and South Atlantic; Coastal Migra- Pacific Pelagic Fisheries; Pelagic Longline Needs in Indian Country,’’ pursuant to 42 tory Pelagic Resources of the Gulf of Mexico Fishing Restrictions; Seasonal Area Closure, U.S.C. 1975a(c); to the Committee on the Ju- and South Atlantic; Trip Limit Reduction Limit on Swordfish Fishing Effort, Gear Re- diciary. [Docket No. 001005281–0369–02; I.D. 022604B] strictions, and Other Sea Turtle Take Miti- 7682. A letter from the Deputy Clerk, received April 7, 2004, pursuant to 5 U.S.C. gation Measures [Docket No. 0401130013–4098– United States Court of Appeals for the Tenth 801(a)(1)(A); to the Committee on Resources. 02; I.D. 122403A] (RIN: 0648–AR84) received Circuit, transmitting an opinion of the 7665. A letter from the Deputy Assistant April 13, 2004, pursuant to 5 U.S.C. United States Court of Appeals for the Tenth Administrator for Regulatory Programs, 801(a)(1)(A); to the Committee on Resources. Circuit (Nos. 03–8037, 03–8042, and 03–8043— NMFS, National Oceanic and Atmospheric 7673. A letter from the Deputy Assistant United States v. Blanchard Buck Cannon Administration, transmitting the Adminis- Administrator for Regulatory Programs, (April 5, 2004)); to the Committee on the Ju- tration’s final rule—Fisheries of the Gulf of NMFS, National Oceanic and Atmospheric diciary. Mexico; Coastal Migratory Pelagic Re- Administration, transmitting the Adminis- 7683. A letter from the Administration, sources; Stock Status Determination Cri- tration’s final rule—Fisheries of the North- FAA, Department of Transportation, trans- teria [Docket No. 030917233–3304–02; I.D. eastern United States; Atlantic Herring mitting the Capital Investment Plan (CIP) 082703A] (RIN: 0648–AP50) received April 7, Fishery [Docket No. 031126296–4100–02; I.D. for fiscal years 2005–2009, pursuant to 49 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the 111903B] (RIN: 0648–AQ84) received April 14, U.S.C. app. 2203(b)(1); to the Committee on Committee on Resources. 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the Transportation and Infrastructure. 7666. A letter from the Acting Director, Of- Committee on Resources. 7684. A letter from the Chief, Regulations fice of Sustainable Fisheries, NMFS, Na- 7674. A letter from the Deputy Assistant and Administrative Law, USCG, Department tional Oceanic and Atmospheric Administra- Administrator for Regulatory Programs, of Homeland Security, transmitting the De- tion, transmitting the Administration’s final NMFS, National Oceanic and Atmospheric partment’s final rule—Safety Zone; Outer rule—Fisheries of the Exclusive Economic Administration, transmitting the Adminis- Continental Shelf Facility in the Gulf of Zone Off Alaska; Pacific cod by Vessels tration’s final rule—Taking of Threatened or Mexico for Mississippi Canyon 474 [CGD08–03– Catching Pacific cod for Processing by the Endangered Species Incidental to Commer- 039] (RIN: 1625–AA79) received April 19, 2004, Offshore Component in the Western Regu- cial Fishing Operations [Docket No. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- latory Area of the Gulf of Alaska [Docket 031202301–4067–02; I.D. 111403C] (RIN: 0648– mittee on Transportation and Infrastruc- No. 031125292–4061–02; I.D. 030504A] received AR53) received April 15, 2004, pursuant to 5 ture. April 7, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); U.S.C. 801(a)(1)(A); to the Committee on Re- 7685. A letter from the Chief, Regulations to the Committee on Resources. and Administrative Law, USCG, Department 7667. A letter from the Acting Director, Of- sources. 7675. A letter from the Deputy Assistant of Homeland Security, transmitting the De- fice of Sustainable Fisheries, NMFS, Na- Administrator for Regulatory Programs, partment’s final rule—Safety Zone; Outer tional Oceanic and Atmospheric Administra- NMFS, National Oceanic and Atmospheric Continental Shelf Facility in the Gulf of tion, transmitting the Administration’s final Administration, transmitting the Adminis- Mexico for Garden Banks 783 [CGD08–03–040] rule—Fisheries of the Exclusive Economic tration’s final rule—Fisheries of the North- (RIN: 1625–AA79) received April 19, 2004, pur- Zone Off Alaska; Pollock in Statistical Area suant to 5 U.S.C. 801(a)(1)(A); to the Com- 620 of the Gulf of Alaska [Docket No. eastern United States; Monkfish Fishery mittee on Transportation and Infrastruc- 031125292–4061–02; I.D. 031904A] received April [Docket No. 040212056–4101–02; I.D. 020604B] ture. 9, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to (RIN: 0648–AR89) received April 15, 2004, pur- 7686. A letter from the Chief, Regulations the Committee on Resources. suant to 5 U.S.C. 801(a)(1)(A); to the Com- 7668. A letter from the Acting Director, Of- mittee on Resources. and Administrative Law, USCG, Department fice of Sustainable Fisheries, NMFS, Na- 7676. A letter from the Director, Office of of Homeland Security, transmitting the De- tional Oceanic and Atmospheric Administra- Sustainable Fisheries, NMFS, National Oce- partment’s final rule—Drawbridge Operation tion, transmitting the Administration’s final anic and Atmospheric Administration, trans- Regulation; Belle River, Belle River, LA rule—Fisheries of the Exclusive Economic mitting the Administration’s final rule— [CGD08–03–049] (RIN: 1625–AA09) received Zone Off Alaska; Pacific Cod by Catcher/ Fisheries of the Exclusive Economic Zone April 19, 2004, pursuant to 5 U.S.C. Processor Vessels Using Trawl Gear in the Off Alaska; Rock Sole in the Bering Sea and 801(a)(1)(A); to the Committee on Transpor- Bering Sea and Aleutian Islands Manage- Aleutian Islands [Docket No. 031124287–4060– tation and Infrastructure. ment Area [Docket No. 031124287–4060–02; I.D. 02; I.D. 032904B] received April 15, 2004, pursu- 7687. A letter from the Chief, Regulations 032404E] received April 9, 2004, pursuant to 5 ant to 5 U.S.C. 801(a)(1)(A); to the Committee and Administrative Law, USCG, Department U.S.C. 801(a)(1)(A); to the Committee on Re- on Resources. of Homeland Security, transmitting the De- sources. 7677. A letter from the Acting Director, Of- partment’s final rule—Drawbridge Operation 7669. A letter from the Acting Director, Of- fice of Sustainable Fisheries, NMFS, Na- Regulations: Mantua Creek, NJ [CGD05–03– fice of Sustainable Fisheries, NMFS, Na- tional Oceanic and Atmospheric Administra- 121] (RIN: 1625–AA09) received April 19, 2004, tional Oceanic and Atmospheric Administra- tion, transmitting the Administration’s final pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tion, transmitting the Administration’s final rule—Fisheries of the Caribbean, Gulf of mittee on Transportation and Infrastruc- rule—Fisheries of the Exclusive Economic Mexico, and South Atlantic; Coastal Migra- ture. Zone off Alaska; Atka Mackeral in the Cen- tory Pelagic Resources of the Gulf of Mexico 7688. A letter from the Chief, Regulations tral Aleutian District [Docket No. 031124287– and South Atlantic; Closure [Docket No. and Administrative Law, USCG, Department 4060–02; I.D. 032404F] received April 13, 2004, 001005281–00369–02; I.D. 040704B] received April of Homeland Security, transmitting the De- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 19, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to partment’s final rule—Drawbridge Operation mittee on Resources. the Committee on Resources. Regulations; Royal Park (SR 704) Bridge, At- 7670. A letter from the Acting Director, Of- 7678. A letter from the Acting Director, Of- lantic Intracoastal Waterway mile 1022.6, fice of Sustainable Fisheries, NMFS, Na- fice of Sustainable Fisheries, NMFS, Na- Palm Beach, FL [CGD07–04–039] received tional Oceanic and Atmospheric Administra- tional Oceanic and Atmospheric Administra- April 19, 2004, pursuant to 5 U.S.C. tion, transmitting the Administration’s final tion, transmitting the Administration’s final 801(a)(1)(A); to the Committee on Transpor- rule—Fisheries of the Exclusive Economic rule—Fisheries of the Exclusive Economic tation and Infrastructure. Zone Off Alaska; Pacific Cod by Catcher Zone Off Alaska; Pacific Cod by Catcher Ves- 7689. A letter from the Chief, Regulations Processor Vessels Using Pot Gear in the Ber- sels Using Trawl Gear in the Bering Sea and and Administrative Law, USCG, Department ing Sea and Aleutian Islands Management Aleutian Islands Management Area [Docket of Homeland Security, transmitting the De- Area [Docket No. 031124287–4060–02; I.D. No. 031124287–4060–02; I.D. 033104A] received partment’s final rule—Drawbridge Operation 032504A] received April 13, 2004, pursuant to 5 April 19, 2004, pursuant to 5 U.S.C. Regulations; Manasquan River, NJ [CGD05– U.S.C. 801(a)(1)(A); to the Committee on Re- 801(a)(1)(A); to the Committee on Resources. 04–071] (RIN: 1625–AA09) received April 19, sources. 7679. A letter from the Assistant Attorney 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the 7671. A letter from the Deputy Assistant General, Department of Justice, transmit- Committee on Transportation and Infra- Administrator for Regulatory Programs, ting the report on the administration of the structure.

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE H2264 CONGRESSIONAL RECORD — HOUSE April 21, 2004 7690. A letter from the Chief, Regulations Modification of Class E Airspace; Marysville, Springs, MO. [Docket No. FAA–2004–17147; and Administrative Law, USCG, Department KS. [Docket No. FAA–2003–16762; Airspace Airspace Docket No. 04–ACE–13] received of Homeland Security, transmitting the De- Docket No. 03–ACE–99] received April 6, 2004, April 6, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); partment’s final rule—Drawbridge Operation pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- to the Committee on Transportation and In- Regulations: Newtown Creek, Dutch Kills, mittee on Transportation and Infrastruc- frastructure. English Kills, and their tributaries, NY. ture. 7710. A letter from the Administrator, [CGD01–04–023] received April 19, 2004, pursu- 7700. A letter from the Paralegal Spe- FAA, Department of Transportation, trans- ant to 5 U.S.C. 801(a)(1)(A); to the Committee cialist, FAA, Department of Transportation, mitting the Administration’s report as re- on Transportation and Infrastructure. transmitting the Department’s final rule— quired by Section 404(e) of the FAA Reau- 7691. A letter from the Chief, Regulations Modification of Class E Airspace; Independ- thorization Act of 1996 (HR 3539); to the Com- and Administrative Law, USCG, Department ence, IA. [Docket No. FAA–2003–16746; Air- mittee on Transportation and Infrastruc- of Homeland Security, transmitting the De- space Docket No. 03–ACE–90] received April ture. partment’s final rule—Drawbridge Operation 6, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to 7711. A letter from the Secretary, Judicial Regulations; Kent Island Narrows, MD the Committee on Transportation and Infra- Conference of the United States, transmit- [CGD05–04–070] (RIN: 1625–AA09) received structure. ting a report on the judiciary’s courthouse April 19, 2004, pursuant to 5 U.S.C. 7701. A letter from the Paralegal Spe- construction requirements for FY 2005 along 801(a)(1)(A); to the Committee on Transpor- cialist, FAA, Department of Transportation, with the out-year requirements for FY 2006– tation and Infrastructure. transmitting the Department’s final rule— 2009, pursuant to 28 U.S.C. 604(a)(12) and 7692. A letter from the Chief, Regulations Modification of Class E Airspace; Colby, KS. 462(b); to the Committee on Transportation and Administrative Law, USCG, Department [Docket No. FAA–2003–16760; Airspace Docket and Infrastructure. of Homeland Security, transmitting the De- No. 03–ACE–97] received April 6, 2004, pursu- 7712. A letter from the Secretary, Depart- partment’s final rule—Regulated Navigation ant to 5 U.S.C. 801(a)(1)(A); to the Committee ment of Veterans Affairs, transmitting a re- Area; Savannah River, Savannah GA on Transportation and Infrastructure. port covering those cases in which equitable [CGD07–03–147] (RIN: 1625–AA11) received 7702. A letter from the Paralegal Spe- relief was granted in calendar year 2003, pur- April 19, 2004, pursuant to 5 U.S.C. cialist, FAA, Department of Transportation, suant to 38 U.S.C. 503(c); to the Committee 801(a)(1)(A); to the Committee on Transpor- transmitting the Department’s final rule— on Veterans’ Affairs. tation and Infrastructure. Establishment of Class E Airspace; Ham- 7713. A letter from the Secretary, Depart- 7693. A letter from the Chief, Regulations ilton, MT. [Docket No. FAA 2003–16070; Air- ment of Labor, transmitting the Depart- and Administrative Law, USCG, Department space Docket No. 03–ANM–05] received April ment’s tenth report on the impact of the An- of Homeland Security, transmitting the De- 6, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to dean Trade Preference Act on U.S. trade and partment’s final rule—Security Zone; the Committee on Transportation and Infra- employment from 2001 to 2002, pursuant to 19 Altantic Ocean, Chesapeake & Delaware structure. U.S.C. 3205; to the Committee on Ways and Canal, Delaware Bay, Delaware River and its 7703. A letter from the Paralegal Spe- Means. tributaries [CGD05–04–066] (RIN: 1625–AA00) cialist, FAA, Department of Transportation, 7714. A letter from the Chair, National received April 19, 2004, pursuant to 5 U.S.C. transmitting the Department’s final rule— Oceanographic Partnership Program, trans- 801(a)(1)(A); to the Committee on Transpor- Amendment to Class D Airspace; Altus AFB, mitting the March 2004 Annual Report, pur- tation and Infrastructure. OK [Docket No. FAA–2003–15248; Airspace suant to Public Law 104–201; jointly to the 7694. A letter from the Program Analyst, Docket No. 2003–ASW–3] received April 6, Committees on Armed Services, Resources, FAA, Department of Transportation, trans- 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the and Science. mitting the Department’s final rule—Elec- Committee on Transportation and Infra- trical Equipment and Installations, Storage structure. f Battery Installation; Electronic Equipment; 7704. A letter from the Paralegal Spe- REPORTS OF COMMITTEES ON and Fire Protection of Electrical System cialist, FAA, Department of Transportation, PUBLIC BILLS AND RESOLUTIONS Components on Transport Category Air- transmitting the Department’s final rule— planes [Docket No. FAA–2001–9634, FAA–2001– Modification of Class E Airspace; Anthony, Under clause 2 of rule XIII, reports of 9633, FAA–2001–9638, FAA–2001–9637; Amend- KS. [Docket No. FAA–2003–16748; Airspace committees were delivered to the Clerk ment No. 25–113] (RIN: 2120–AI21) received Docket No. 03–ACE–92] received April 6, 2004, for printing and reference to the proper April 19, 2004, pursuant to 5 U.S.C. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- calendar, as follows: 801(a)(1)(A); to the Committee on Transpor- mittee on Transportation and Infrastruc- tation and Infrastructure. ture. Mr. HASTINGS of Washington: Committee 7695. A letter from the Program Analyst, 7705. A letter from the Paralegal Spe- on Rules. House Resolution 602. Resolution FAA, Department of Transportation, trans- cialist, FAA, Department of Transportation, providing for consideration of the bill (H.R. mitting the Department’s final rule—Revi- transmitting the Department’s final rule— 2844) to require States to hold special elec- sions to Passenger Facility Charge Rule for Modification of Class E Airspace; tions to fill vacancies in the House of Rep- Compensation to Air Carriers [Docket No.: Plattsmouth, NE. [Docket No. FAA–2003– resentatives not later than 21 days after the FAA–2002–13918; Amendment No. 158–2] (RIN: 16408; Airspace Docket No. 03–ACE–76] re- vacancy is announced by the Speaker of the 2120–AH43) received April 19, 2004, pursuant ceived April 6, 2004, pursuant to 5 U.S.C. House of Representatives in extraordinary to 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- circumstances, and for other purposes (Rept. Transportation and Infrastructure. tation and Infrastructure. 108–466). Referred to the House Calendar. 7696. A letter from the Program Analyst, 7706. A letter from the Paralegal Spe- f FAA, Department of Transportation, trans- cialist, FAA, Department of Transportation, mitting the Department’s final rule—Secu- transmitting the Department’s final rule— PUBLIC BILLS AND RESOLUTIONS rity Control of Air Traffic (RIN: 2120–AI11) Modification of Class E Airspace; Beloit, KS. Under clause 2 of rule XII, public received April 19, 2004, pursuant to 5 U.S.C. [Docket No. FAA–2003–16749; Airspace Docket bills and resolutions were introduced 801(a)(1)(A); to the Committee on Transpor- No. 03–ACE–93] received April 6, 2004, pursu- and severally referred, as follows: tation and Infrastructure. ant to 5 U.S.C. 801(a)(1)(A); to the Committee 7697. A letter from the Program Analyst, on Transportation and Infrastructure. By Mr. JONES of North Carolina: FAA, Department of Transportation, trans- 7707. A letter from the Paralegal Spe- H.R. 4180. A bill to amend title 10, United mitting the Department’s final rule—Emer- cialist, FAA, Department of Transportation, States Code, to provide reimbursement for gency Medical Equipment [Docket No. FAA– transmitting the Department’s final rule— members of the Armed Forces retired for a 2000–7119; Amdt. Nos. 121–280 and 135–78] (RIN: Modification of Class E Airspace; Hays, KS. combat-related disability for travel to mili- 2120–AG89) received April 19, 2004, pursuant [Docket No. FAA–2004–16989; Airspace Docket tary treatment facilities for medical care to 5 U.S.C. 801(a)(1)(A); to the Committee on No. 04–ACE–7] received April 6, 2004, pursuant during the first two years after such retire- Transportation and Infrastructure. to 5 U.S.C. 801(a)(1)(A); to the Committee on ment; to the Committee on Armed Services. 7698. A letter from the Program Analyst, Transportation and Infrastructure. By Mr. GERLACH (for himself, Mr. FAA, Department of Transportation, trans- 7708. A letter from the Paralegal Spe- WELLER, Mr. HASTINGS of Wash- mitting the Department’s final rule—Proce- cialist, FAA, Department of Transportation, ington, Mr. GREENWOOD, Mr. VITTER, dures for Transportation workplace Drug transmitting the Department’s final rule— Mr. SIMMONS, Mr. CANTOR, Mr. HEN- and Alcohol Testing Programs: Drug and Al- Modification of Class E Airspace; Chanute, SARLING, Mr. SHIMKUS, Mr. TOOMEY, cohol Management Information System Re- KS. [Docket No. FAA–2003–16757; Airspace Mrs. MILLER of Michigan, Mr. DOO- porting; Correction [Docket No. OST–2002– Docket No. 03–ACE–95] received April 6, 2004, LITTLE, Mr. COX, Mrs. KELLY, Mr. 13435] (RIN: 2105–AD35) received April 19, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- MURPHY, Mr. BARTLETT of Maryland, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the mittee on Transportation and Infrastruc- Mr. SHUSTER, Mr. CRENSHAW, Mr. Committee on Transportation and Infra- ture. ROHRABACHER, Mr. BURR, Mr. FORBES, structure. 7709. A letter from the Paralegal Spe- Mr. KELLER, Mr. GILLMOR, Mr. 7699. A letter from the Paralegal Spe- cialist, FAA, Department of Transportation, SCHROCK, Mr. HAYWORTH, Mr. HER- cialist, FAA, Department of Transportation, transmitting the Department’s final rule— GER, Mr. MCINNIS, Ms. DUNN, Mr. transmitting the Department’s final rule— Modification of Class E Airspace; Excelsior ROGERS of Alabama, Mr. RYUN of

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Kansas, Mr. BRADY of Texas, Mr. ation of such provisions as fall within the ju- Ms. LEE, Ms. LOFGREN, Mrs. LOWEY, HAYES, Mr. BALLENGER, Mr. SOUDER, risdiction of the committee concerned. Mrs. MALONEY, Ms. MAJETTE, Mrs. Mr. SMITH of Texas, Mr. GIBBONS, Mr. By Mr. FOLEY (for himself, Mr. MAT- MCCARTHY of New York, Ms. MCCAR- ISTOOK, Mr. OTTER, Mrs. JOHNSON of SUI, Mr. MCINNIS, Mr. HERGER, Mr. THY of Missouri, Ms. MCCOLLUM, Mr. Connecticut, Mr. WICKER, Mr. SHAW, ENGLISH, Mr. BOEHNER, and Mr. MCDERMOTT, Ms. MILLENDER-MCDON- Mr. CRANE, Mr. GRAVES, Mr. WILSON CHABOT): ALD, Mr. MORAN of Virginia, Mr. NAD- of South Carolina, Ms. PRYCE of Ohio, H.R. 4186. A bill to amend the Internal Rev- LER, Mr. OLVER, Ms. PELOSI, Mr. Mr. TIBERI, Mrs. JO ANN DAVIS of Vir- enue Code of 1986 to provide for the creation ROTHMAN, Ms. ROYBAL-ALLARD, Ms. ginia, Mr. BARRETT of South Caro- of disaster protection funds by property and LINDA T. SANCHEZ of California, Mr. lina, Mr. ENGLISH, Mr. PICKERING, Mr. casualty insurance companies for the pay- SANDERS, Ms. SCHAKOWSKY, Mr. CHOCOLA, Mr. PORTER, Mr. HALL, Mr. ment of policyholders’ claims arising from SCOTT of Virginia, Mr. SERRANO, Mr. TERRY, Mr. REHBERG, and Mr. future catastrophic events; to the Com- SHAYS, Mr. SIMMONS, Ms. SOLIS, Mr. SWEENEY): mittee on Ways and Means. TIERNEY, Mrs. JONES of Ohio, Mr. H.R. 4181. A bill to amend the Internal Rev- By Mr. KING of Iowa (for himself, Mr. UDALL of Colorado, Mr. VAN HOLLEN, enue Code of 1986 to permanently extend the BRADY of Texas, Mr. JONES of North Ms. WATERS, Ms. WATSON, Mr. WAX- increased standard deduction, and the 15-per- Carolina, Mr. AKIN, Mr. HERGER, Mr. MAN, Mr. WEINER, Mr. WEXLER, Ms. cent individual income tax rate bracket ex- BURTON of Indiana, Mr. PITTS, Mr. WOOLSEY, Mr. WU, and Mr. WYNN): pansion, for married taxpayers filing joint FRANKS of Arizona, Mr. COLE, Mr. H.R. 4192. A bill to expand access to pre- returns; to the Committee on Ways and CAMP, Mr. BARTLETT of Maryland, ventive health care services and education Means. Mr. BARTON of Texas, Mr. NORWOOD, By Ms. LEE (for herself, Mr. GREEN- Mr. SHADEGG, Mr. SMITH of Texas, programs that help reduce unintended preg- WOOD, Ms. WOOLSEY, Mr. ABER- Mr. WELDON of Florida, Mr. LINDER, nancy, reduce infection with sexually trans- CROMBIE, Mrs. CHRISTENSEN, Mr. Mr. WILSON of South Carolina, Mr. mitted disease, and reduce the number of DEFAZIO, Mr. MCNULTY, Mr. TOWNS, UPTON, Mr. PAUL, Mr. GIBBONS, Ms. abortions; to the Committee on Energy and Mr. OWENS, Mr. BROWN of Ohio, Ms. HARRIS, Mr. BASS, Mrs. MILLER of Commerce, and in addition to the Commit- NORTON, Ms. JACKSON-LEE of Texas, Michigan, Mr. PEARCE, Mrs. MYRICK, tees on Education and the Workforce, and Mr. MEEKS of New York, Mr. HIN- and Mrs. CUBIN): Ways and Means, for a period to be subse- CHEY, Mr. FROST, Mr. CASE, Ms. SCHA- H.R. 4187. A bill to amend the Help Amer- quently determined by the Speaker, in each KOWSKY, Mrs. JONES of Ohio, Mr. ica Vote Act of 2002 to require voting sys- case for consideration of such provisions as STARK, Ms. CARSON of Indiana, Mr. tems to produce a verifiable paper record of fall within the jurisdiction of the committee HOEFFEL, Mr. LANTOS, Mr. MORAN of each vote cast and to ensure the security of concerned. Virginia, Mrs. LOWEY, Mrs. CAPPS, electronic data, and for other purposes; to By Mr. AKIN (for himself, Mr. SKEL- Ms. SLAUGHTER, Ms. BALDWIN, Mr. the Committee on House Administration. TON, Mr. TANCREDO, Mr. DOOLITTLE, KUCINICH, Mr. WAXMAN, Mr. SERRANO, By Mr. LOBIONDO (for himself and Mr. Mrs. MYRICK, Mr. KING of Iowa, Mr. Mrs. DAVIS of California, Mr. DAVIS MCINTYRE): GARRETT of New Jersey, Mr. SHAD- of Illinois, Ms. CORRINE BROWN of H.R. 4188. A bill to amend chapter 1606 of EGG, Mr. BARTLETT of Maryland, Mr. Florida, Mr. FARR, Mr. CLYBURN, Mr. title 10, United States Code, to increase the MILLER of Florida, Mr. SESSIONS, Mr. GRIJALVA, Mr. SMITH of Washington, amount of basic educational assistance for FROST, Mr. LIPINSKI, Mr. WILSON of Mr. KENNEDY of Rhode Island, Ms. members of the Selected Reserve, and for South Carolina, Mr. COOPER, Mr. WATSON, Mr. ROTHMAN, Ms. MAJETTE, other purposes; to the Committee on Armed ADERHOLT, Mr. REYES, Mr. WOLF, Mr. Mrs. TAUSCHER, Mr. SANDERS, Ms. Services, and in addition to the Committee PALLONE, Mr. KIRK, Mr. HOSTETTLER, MCCOLLUM, Ms. HARMAN, Mr. CUM- on Veterans’ Affairs, for a period to be subse- Mr. HUNTER, Mr. SPRATT, Mr. FLAKE, MINGS, Mr. ACKERMAN, Ms. LORETTA quently determined by the Speaker, in each Mr. ISAKSON, Mr. HAYWORTH, and Mr. SANCHEZ of California, Mr. BISHOP of case for consideration of such provisions as CASE): fall within the jurisdiction of the committee Georgia, Ms. MILLENDER-MCDONALD, H. Con. Res. 407. Concurrent resolution sa- Ms. EDDIE BERNICE JOHNSON of Texas, concerned. luting the life and courage of the late Com- Mr. LEWIS of Georgia, Mr. CROWLEY, By Mr. LUCAS of Oklahoma: H.R. 4189. A bill to modify and improve the mander Lloyd ‘‘Pete’’ Bucher, United States Mr. WYNN, Mr. THOMPSON of Mis- funding structure of the Environmental Navy (retired), who commanded the U.S.S. sissippi, Mr. HOLT, Mr. WEINER, Mr. Quality Incentives Program; to the Com- Pueblo (AGER-2) at the time of its capture RANGEL, Ms. LOFGREN, Ms. SOLIS, Mr. mittee on Agriculture. by North Korea on January 23, 1968; to the FORD, Ms. KILPATRICK, Mr. WATT, Mr. By Mr. MARKEY: PAYNE, Mrs. NAPOLITANO, Ms. ESHOO, Committee on Armed Services. H.R. 4190. A bill to require the Secretary of Mr. SCHIFF, Mr. GONZALEZ, Mr. By Ms. DEGETTE (for herself, Mr. Labor to declare that operating power driven BALLANCE, Mr. RUSH, and Mr. MEEK UDALL of Colorado, Mr. HEFLEY, Mrs. amusement park rides is a hazardous occupa- of Florida): MUSGRAVE, Mr. BEAUPREZ, Mr. H.R. 4182. A bill to provide for the reduction for the purposes of certain child labor MCINNIS, and Mr. TANCREDO): provisions of the Fair Labor Standards Act tion of adolescent pregnancy, HIV rates, and H. Con. Res. 408. Concurrent resolution of 1938; to the Committee on Education and other sexually transmitted diseases, and for congratulating the University of Denver the Workforce. other purposes; to the Committee on Energy men’s hockey team for winning the 2004 and Commerce. By Ms. MILLENDER-MCDONALD: H.R. 4191. A bill to amend the Foreign As- NCAA men’s hockey national championship, By Mr. COOPER: and for other purposes; to the Committee on H.R. 4183. A bill Making further emergency sistance Act of 1961 to provide for the estab- Education and the Workforce. supplemental appropriations for fiscal year lishment of a network of pediatric centers in By Mr. PORTER (for himself, Mr. 2004 for military operations in Iraq and Af- certain developing countries to provide BOEHNER, Mr. MCKEON, Mr. NORWOOD, ghanistan; to the Committee on Appropria- treatment and care for children with HIV/ Mr. EHLERS, Mr. DEMINT, Mrs. tions. AIDS, and for other purposes; to the Com- MUSGRAVE, Mrs. BLACKBURN, Mr. By Mr. CUMMINGS (for himself and mittee on International Relations. KIND, Ms. MCCOLLUM, and Mr. CASE): Ms. CORRINE BROWN of Florida): By Ms. SLAUGHTER (for herself, Ms. H.R. 4184. A bill to require United States DEGETTE, Mr. GREENWOOD, Mrs. H. Res. 600. A resolution congratulating assistance for the repair, maintenance, or JOHNSON of Connecticut, Mr. ALLEN, charter schools and their students, parents, construction of the transportation infra- Mr. BAIRD, Ms. BALDWIN, Ms. BERK- teachers, and administrators across the structure of Iraq to be provided in the form LEY, Mr. BISHOP of New York, Mr. United States for their ongoing contribu- of loans subject to repayment in full to the BLUMENAUER, Mr. BROWN of Ohio, tions to education, and for other purposes; to United States Government; to the Com- Mrs. CAPPS, Mr. CARDIN, Mrs. the Committee on Education and the Work- mittee on International Relations. CHRISTENSEN, Mr. CROWLEY, Mr. force. By Mr. DREIER: DAVIS of Illinois, Mrs. DAVIS of Cali- By Mr. EMANUEL (for himself, Mr. H.R. 4185. A bill to improve the coordina- fornia, Mr. DEFAZIO, Ms. DELAURO, FOLEY, Mr. DINGELL, Mr. WAMP, and tion of the Federal Government in identi- Mr. DOGGETT, Mr. DOOLEY of Cali- Mr. HOEFFEL): fying and responding to weak or failing fornia, Mr. EMANUEL, Mr. FILNER, Mr. countries that endanger international secu- FRANK of Massachusetts, Mr. FROST, H. Res. 601. A resolution recognizing the rity or stability, to improve the coordination Mr. GONZALEZ, Mr. GRIJALVA, Ms. importance of designating the Republic of and conduct of pre-conflict stabilization op- HARMAN, Mr. HINCHEY, Mr. HOEFFEL, Poland as a program country for purposes of erations and post-conflict reconstruction op- Ms. NORTON, Mr. HOLT, Mr. HONDA, the visa waiver program under section 217 of erations, and for other purposes; to the Com- Ms. HOOLEY of Oregon, Mr. INSLEE, the Immigration and Nationality Act and mittee on International Relations, and in ad- Mr. ISRAEL, Ms. JACKSON-LEE of urging the Secretary of Homeland Security dition to the Committee on Armed Services, Texas, Mr. JACKSON of Illinois, Mr. and the Secretary of State to assist Poland for a period to be subsequently determined KENNEDY of Rhode Island, Ms. KIL- in qualifying for such program; to the Com- by the Speaker, in each case for consider- PATRICK, Mr. LARSEN of Washington, mittee on the Judiciary.

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE H2266 CONGRESSIONAL RECORD — HOUSE April 21, 2004 MEMORIALS H.R. 1205: Mr. ALLEN, Mr. FILNER, Mr. Mr. HONDA, Mr. SMITH of Texas, Mr. BOEH- BELL, and Mr. PALLONE. LERT, Mr. CASE, Mr. ACEVEDO-VILA´ , Mr. Under clause 3 of rule XII, memorials H.R. 1233: Mr. BRADLEY of New Hampshire. JOHN, Mr. MCINTYRE, Ms. JACKSON-LEE of were presented and referred as follows: H.R. 1345: Mr. STARK. Texas, Mr. BLUMENAUER, Mr. HILL, Mr. 290. The SPEAKER presented a memorial H.R. 1359: Ms. WOOLSEY. GOODE, Mr. COOPER, Mr. BURGESS, Ms. HART, of the House of Representatives of the State H.R. 1709: Ms. NORTON. Mr. COLE, Mr. SESSIONS, Ms. GRANGER, Mr. of Michigan, relative to House Resolution H.R. 1726: Mrs. MCCARTHY of New York. THORNBERRY, Mr. BRADY of Texas, Mr. SAM No. 27 memorializing the United States Con- H.R. 1746: Mr. TANNER. JOHNSON of Texas, and Mr. PEARCE. gress to address the gap between services of- H.R. 1749: Mr. PITTS. H.R. 3990: Mr. KLECZKA. fered to children in kinship care H.R. 1779: Mrs. JO ANN DAVIS of Virginia, H.R. 4023: Mr. JEFFERSON, Mr. HINOJOSA, arrangments and services offered to children Ms. ROS-LEHTINEN, and Mr. SHAW. Mr. GONZALEZ, Mr. BRADLEY of New Hamp- in foster care situations; to the Committee H.R. 1873: Mr. MILLER of Florida, Mr. HAS- shire, Mr. MCNULTY, Mr. GRIJALVA, Mr. on Education and the Workforce. TINGS of Florida, and Mr. SESSIONS. ROSS, and Mr. TURNER of Texas. 291. Also, a memorial of the Legislature of H.R. 2176: Mr. DAVIS of Florida. H.R. 4057: Mr. BURR. the State of Louisiana, relative to House H.R. 2198: Mr. SCHIFF. H.R. 4061: Mr. BRADY of Pennsylvania. Concurrent Resolution No. 18 memorializing H.R. 2455: Mr. ABERCROMBIE and Mr. SHER- H.R. 4076: Mr. DINGELL, Mrs. CAPPS, Mr. the United States Congress to allocate fed- MAN. FILNER, Ms. LEE, Mr. MCDERMOTT, Mr. SAND- eral funding for the creation of the National H.R. 2490: Mrs. DAVIS of California. ERS, and Mr. GRIJALVA. H.R. 2612: Mr. REYES. Recovery Training Institute in Louisiana; to H.R. 4082: Mr. HOLT and Mr. MCDERMOTT. H.R. 2700: Ms. MILLENDER-MCDONALD. H.R. 4095: Ms. LOFGREN, Mr. PAYNE, and the Committee on Energy and Commerce. H.R. 2719: Mr. BRADLEY of New Hampshire. 292. Also, a memorial of the House of Rep- Mr. OWENS. H.R. 2773: Mr. OWENS. H.R. 4101: Ms. ESHOO. resentatives of the State of Kansas, relative H.R. 2823: Mrs. CAPITO and Mr. HOLT. H.R. 4109: Mr. SIMMONS, Mr. ISSA, Mr. REY- to House Resolution No. 6029 memorializing H.R. 2863: Mr. CLYBURN. NOLDS, Mr. FOLEY, Mr. GIBBONS, Mrs. WILSON the United States Congress to amend current H.R. 2890: Mr. WAMP. of New Mexico, and Mr. BURTON of Indiana. law so that children of state employees are H.R. 2971: Mr. CUMMINGS. H.R. 4116: Mr. WALSH, Mr. KING of New eligible for health care beneifts under H.R. 3092: Mr. SHERMAN. York, Mr. LATOURETTE, Mr. MCINTYRE, Mr. HealthWave; to the Committee on Energy H.R. 3171: Mr. RANGEL. PORTER, Mr. BARRETT of South Carolina, Mr. and Commerce. H.R. 3242: Mr. BISHOP of New York, Mr. PUTNAM, Mrs. JOHNSON of Connecticut, Mr. 293. Also, a memorial of the Legislature of LOBIONDO, Mr. ANDREWS, Mr. HASTINGS of OSE, Mr. SULLIVAN, Ms. HART, Mr. CARTER, the State of Washington, relative to House Washington, Mr. STUPAK, and Mr. MORAN of Mr. MURPHY, Mr. BONNER, Mr. AKIN, Mr. Joint Memorial No. 4004 memorializing the Virginia. PENCE, Mr. PEARCE, Mr. COLE, Mr. KLINE, Mr. United States Congress to pass the Calling H.R. 3308: Mrs. BIGGERT and Mr. JOHNSON of BOEHNER, Mr. ROGERS of Michigan, Mr. SHU- for 211 Act, HR3111 and SB1630; to the Com- Illinois. STER, Mr. FORBES, Mr. FRANKS of Arizona, mittee on Energy and Commerce. H.R. 3352: Mr. SCOTT of Virginia. Mrs. MYRICK, Mr. KNOLLENBERG, Mr. 294. Also, a memorial of the General As- H.R. 3359: Mr. ROTHMAN. WELLER, Mr. ROHRABACHER, Mr. CALVERT, sembly of the Commonwealth of Virginia, H.R. 3363: Mr. JOHN. Mr. LEWIS of California, Mr. WILSON of South relative to Senate Joint Resolution No. 79 H.R. 3378: Mr. KILDEE, Mr. MORAN of Vir- Carolina, Mr. MARIO DIAZ-BALART of Florida, memorializing the United States Congress to ginia, Mrs. NAPOLITANO, Mrs. DAVIS of Cali- Mrs. WILSON of New Mexico, Mr. EHLERS, Mr. enact the State Waste Empowerment and fornia, Mr. ALLEN, Mr. DEFAZIO, Mr. INSLEE, HEFLEY, Mr. DEAL of Georgia, Mrs. BIGGERT, Enforcement Provision Act of 2003 (HR 1123); Mr. WELDON of Florida, Mr. SANDERS, Mr. Mr. FARR, Mr. NEY, Mr. PETRI, Mr. MORAN of to the Committee on Energy and Commerce. GOSS, and Mr. GRIJALVA. Virginia, Mr. PETERSON of Minnesota, Mr. 295. Also, a memorial of the House of Rep- H.R. 3412: Mr. BARTLETT of Maryland. HAYWORTH, Mr. DOOLITTLE, Mr. HERGER, Mr. resentatives of the State of Michigan, rel- H.R. 3441: Mr. MICHAUD, Mr. RAHALL, Mr. BARTLETT of Maryland, Mr. SMITH of Michi- ative to House Resolution No. 193 memori- MARSHALL, Mr. BERRY, and Mr. WEINER. gan, Mr. UPTON, Mr. BASS, Mr. TIBERI, Mr. alizing the United States Congress to in- H.R. 3444: Ms. LEE and Ms. WOOLSEY. BURNS, and Mr. ISSA. AVIS crease the level of federal funds available to H.R. 3474: Mrs. D of California and Mr. H.R. 4149: Ms. HART and Mr. VAN HOLLEN. the states for DNA testing; to the Com- ROTHMAN. H.J. Res. 45: Mrs. TAUSCHER. mittee on the Judiciary. H.R. 3480: Mr. SHERMAN. H.J. Res. 48: Mr. CALVERT. 296. Also, a memorial of the Legislature of H.R. 3528: Mr. PASCRELL. H.J. Res. 83: Mr. FROST. the State of West Virginia, relative to House H.R. 3545: Mr. ALLEN. H. Con. Res. 285: Mr. BRADLEY of New Concurrent Resolution No. 30 memorializing H.R. 3612: Mr. FILNER. Hampshire. the United States Congress to broaden the H.R. 3619: Mr. COOPER, Mr. CHANDLER, Mr. H. Con. Res. 366: Mr. ETHERIDGE, Mr. eligibility categories of membership in vet- MILLER of North Carolina, Mr. PRICE of RODRIGUEZ, Mr. EMANUEL, Mr. LARSEN of erans’ organizations; to the Committee on North Carolina, and Mr. CLYBURN. Washington, and Mr. BERMAN. the Judiciary. H.R. 3684: Mrs. MALONEY, Mr. BISHOP of H. Con. Res. 378: Mr. UDALL of Colorado, New York, Mr. SIMMONS, Mr. SMITH of Wash- f Mr. HONDA, Mr. OWENS, Ms. WATSON, Mr. ington, and Mr. ABERCROMBIE. KUCINICH, Ms. KAPTUR, Mr. RYAN of Ohio, Mr. ADDITIONAL SPONSORS H.R. 3696: Mr. SANDLIN. GORDON, Mr. LAMPSON, Ms. SCHAKOWSKY, Mr. Under clause 7 of rule XII, sponsors H.R. 3707: Mr. DUNCAN, Mr. BALLANCE, Mr. GRIJALVA, Mr. DOGGETT, Mr. JOHNSON of Illi- VISCLOSKY, Mr. WU, Ms. ROYBAL-ALLARD, Mr. were added to public bills and resolu- nois, Mr. RAHALL, Mr. UDALL of New Mexico, LEVIN, and Mr. RAMSTAD. Mr. HOEKSTRA, Mr. HINCHEY, Mr. BURNS, and tions as follows: H.R. 3712: Mrs. TAUSCHER, Ms. LEE, and Mr. Ms. MCCOLLUM. H.R. 290: Ms. VELAZQUEZ, Mr. SERRANO, Mr. LARSON of Connecticut. H. Con. Res. 396: Mr. KUCINICH and Ms. BROWN of Ohio, and Mr. BURR. H.R. 3736: Mr. DEMINT and Mr. DEFAZIO. NORTON. H.R. 348: Mr. VITTER, Ms. BORDALLO, Ms. H.R. 3755: Mr. JEFFERSON. H. Con. Res. 399: Mr. MEEHAN, Mr. GRI- WATERS, and Mr. RODRIGUEZ. H.R. 3777: Mr. TURNER of Texas. JALVA, Mr. PAYNE, Mr. MCNULTY, Mr. EVANS, H.R. 504: Mr. PAYNE. H.R. 3795: Mr. RUPPERSBERGER, Mr. MILLER and Mr. GALLEGLY. H.R. 677: Mr. HYDE, Mr. NETHERCUTT, Mr. of Florida, Mr. ANDREWS, and Mr. BURNS. H. Con. Res. 403: Mr. ADERHOLT, Mr. SHERMAN, Ms. WATERS, and Ms. WOOLSEY. H.R. 3798: Mr. ETHERIDGE, Mr. MICHAUD, TANCREDO, Mr. PAYNE, Mr. RANGEL, Mr. H.R. 685: Mr. ISRAEL and Mr. VAN HOLLEN. Mr. GEORGE MILLER of California, Mr. INS- MCGOVERN, Mrs. CAPPS, Mr. SNYDER, Mr. H.R. 745: Mr. CARDOZA and Mr. DEUTSCH. LEE, and Ms. DELAURO. ABERCROMBIE, Mr. FILNER, Mr. DEFAZIO, Mr. H.R. 767: Mr. MURPHY. H.R. 3800: Mr. MORAN of Kansas, Mr. SMITH of New Jersey, Ms. EDDIE BERNICE H.R. 792: Mrs. WILSON of New Mexico. ENGLISH, Mr. REHBERG, and Mr. HAYWORTH. JOHNSON of Texas, Mr. ALLEN, Mr. BACHUS, H.R. 814: Mr. CHANDLER. H.R. 3803: Mr. BERMAN and Mr. OWENS. Mr. GREEN of Wisconsin, Mrs. TAUSCHER, Ms. H.R. 843: Mr. RODRIGUEZ. H.R. 3880: Mr. LYNCH, Mr. SIMMONS, and Mr. ROYBAL-ALLARD, Mr. SHIMKUS, Mr. ROYCE, H.R. 857: Mr. SHUSTER. RANGEL. Mr. PITTS, Ms. SCHAKOWSKY, Mr. NEUGE- H.R. 879: Mr. STRICKLAND, Mr. DEFAZIO, H.R. 3881: Ms. SOLIS, Mr. CUMMINGS, Mr. BAUER, Mr. AKIN, Mr. KIRK, Ms. WOOLSEY, and Mr. ROTHMAN. ROSS, Mr. SANDERS, and Mr. HOLT. and Mr. ENGLISH. H.R. 883: Mr. LIPINSKI. H.R. 3901: Mr. GOODLATTE and Mr. SES- H. Con. Res. 406: Ms. HARRIS. H.R. 930: Mr. SIMMONS. SIONS. H. Res. 307: Mr. MCNULTY. H.R. 980: Mr. MICHAUD. H.R. 3950: Ms. GINNY BROWN-WAITE of Flor- H. Res. 419: Mr. FRANK of Massachusetts. H.R. 1057: Mr. KENNEDY of Minnesota. ida. H. Res. 466: Mr. TOWNS, Mr. BERMAN, and H.R. 1084: Mrs. JO ANN DAVIS of Virginia. H.R. 3960: Mr. BELL, Mr. DAVIS of Illinois, Mr. PASCRELL. H.R. 1117: Mr. HERGER. Ms. SCHAKOWSKY, Mr. BRADY of Pennsyl- H. Res. 528: Mr. MANZULLO, Mr. DAVIS of Il- H.R. 1160: Mr. MEEKS of New York, Mr. vania, and Mr. OWENS. linois, and Mr. MENENDEZ. JOHN, and Mr. EMANUEL. H.R. 3968: Mr. SANDERS. H. Res. 550: Mr. NEAL of Massachusetts, Mr. H.R. 1173: Mr. FEENEY and Mr. MILLER of H.R. 3980: Mr. LAMPSON, Mr. STENHOLM, Mr. WAMP, Mr. SIMMONS, Mrs. TAUSCHER, and Mr. Florida. MARIO DIAZ-BALART of Florida, Mr. GORDON, HEFLEY.

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE April 21, 2004 CONGRESSIONAL RECORD — HOUSE H2267 H. Res. 567: Mr. BOUCHER, Mr. STARK, Mr. DELETIONS OF SPONSORS FROM rected to the United States federal govern- BISHOP of New York, Mr. BELL, Mr. GON- PUBLIC BILLS AND RESOLUTIONS ment and its Congress; to the Committee on the Judiciary. ZALEZ, Mr. BARRETT of South Carolina, Mr. Under clause 7 of rule XII, sponsors SOUDER, Mr. PETRI, Mr. BRADLEY of New 78. Also, a petition of Gregory T. Howard, were deleted from public bills and reso- a Citizen of Toledo, Ohio, relative to a letter Hampshire, Mr. PICKERING, Mr. BACHUS, Mr. lutions as follows: discussing a legal matter; to the Committee BARTLETT of Maryland, Ms. BALDWIN, Mr. H.R. 4090: Mr. ENGLISH. on the Judiciary. KLECZKA, Mr. DUNCAN, Mr. WALDEN of Or- 79. Also, a petition of Deputy Secretary, f egon, Mr. TANNER, Mr. WOLF, Mr. TIBERI, Mr. Department of Natural Resources, State of HULSHOF, Mr. SMITH of Washington, Mr. KEN- PETITIONS, ETC. Louisiana, relative to the 2003 Evaluation NEDY of Rhode Island, Mr. TURNER of Texas, Under clause 3 of rule XII, petitions Report to the U.S. Congress on the Effective- Mr. ISAKSON, Ms. MCCARTHY of Missouri, Mr. ness of Coastal Wetlands Planning, Protec- and papers were laid on the clerk’s LEACH, Mr. BOYD, Mr. BASS, Mrs. MUSGRAVE, tion and Restoration Act Projects on behalf desk and referred as follows: Mr. FILNER, Mr. BERRY, and Mr. CULBERSON. of the Louisiana Coastal Wetlands Conserva- 77. The SPEAKER presented a petition of tion and Restoration Task Force; jointly to Amon Re, a Citizen of Albuquerque, New the Committees on Resources and Transpor- Mexico, relative to a letter and complaint di- tation and Infrastructure.

VerDate Mar 15 2010 17:30 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\ERIC\H21AP4.REC H21AP4 gechino on DSK3YST671PROD with HOUSE 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, APRIL 21, 2004 No. 52 Senate The Senate met at 9:30 a.m. and was leaders, the Senate will begin a period I yield the floor. called to order by the President pro of morning business for up to 60 min- f tempore (Mr. STEVENS). utes. Today the Republican side will RECOGNITION OF THE control the first 30 minutes, to be fol- DEMOCRATIC LEADER PRAYER lowed by 30 minutes under the control The Chaplain, Dr. Barry C. Black, of- of the other side of the aisle. The PRESIDENT pro tempore. The fered the following prayer: Following morning business, the Sen- Democratic leader is recognized. Let us pray. ate will resume the motion to proceed f God of grace and God of mercy, You to the asbestos bill. During the last 2 VICTIMS’ RIGHTS first loved us. You paid the debt for our days Senators came to the floor and CONSTITUTIONAL AMENDMENT transgressions that we might experi- engaged in debate on the asbestos ence reconciliation. Lord, thank You issue. I appreciate that. However, we Mr. DASCHLE. Mr. President, could for rescuing us from ourselves and for should now proceed to the bill itself in the majority leader clarify the circumstances involving the victims’ bill the power You give us daily to live vic- order to work through various issues. toriously. Last night, in order to move forward of rights? As I understand it, there have been some discussions, as the ma- You alone are worthy to receive with the bill, I filed a cloture motion jority leader alluded, to a statutory ap- power, riches, wisdom, might, honor, on the motion to proceed. That cloture proach to the victims’ bill of rights. As glory, and blessing. Nothing is acci- vote will occur tomorrow. Again, this I understand it, last night some agree- dental or incidental with You, for You procedural vote is to allow us to begin ment was reached. If that is the cur- are the author and finisher of our faith. the process of deliberating and decid- rent situation, I am wondering whether Be near our Senators today as they ing on the issues surrounding the issue it is still the intention of the majority serve our Nation and freedom’s cause. of asbestos. It is a beginning of the leader to move a motion to proceed on Reveal Yourself to them as they strive process. Therefore, I hope cloture will to make right decisions about complex the constitutional amendment. indeed be invoked tomorrow morning. Mr. FRIST. Mr. President, the final issues. Empower each of us to move In addition, Senators KYL and FEIN- decision will be made over the course into the future with faith in the wis- STEIN have been discussing the victims’ of the day. If agreement has been dom of Your providence. rights constitutional amendment reached—I know as of late last night, Lord, bless our military people who which is on the calendar. My hope is to daily sacrifice for freedom. We pray actually up until 6 o’clock, the decision consider that legislation following the was made to file the cloture motion. also for our enemies, as You have com- asbestos bill. There was an objection to manded us to do. Hasten the day when Discussions were still underway. If an beginning that bill as well, and it be- agreement has been reached that is peace shall reign. We pray this in Your came necessary to file a cloture motion holy name. Amen. mutually agreeable to both sides, we on the motion to proceed to that joint will not proceed with the cloture mo- f resolution. Depending on the outcome tion. But rather than comment on that PLEDGE OF ALLEGIANCE of the asbestos cloture vote, the clo- definitively now, I would like to talk ture vote on the victims’ rights amend- to the parties involved. The PRESIDENT pro tempore led the ment may also occur tomorrow. Pledge of Allegiance, as follows: Mr. DASCHLE. I thank the majority On both of these matters, the Senate leader. I pledge allegiance to the Flag of the should be able to deliberate on the un- f United States of America, and to the Repub- derlying issues, and ultimately the lic for which it stands, one nation under God, IRAQ AND THE NATIONAL GUARD indivisible, with liberty and justice for all. Senate should work its will on each of these bills. We will continue to press Mr. DASCHLE. Mr. President, I will f for consideration of the asbestos legis- take my leader time to comment on RECOGNITION OF THE MAJORITY lation and the victims’ rights amend- the privilege I had last week of spend- LEADER ment this week in order for the Senate ing some time with hundreds of South The PRESIDING OFFICER. The ma- to ultimately vote on these two impor- Dakota Guard members and their fami- jority leader is recognized. tant pieces of legislation. lies. f The leadership, Republican and I wanted to say a few words today Democratic, will continue to discuss about the selfless and courageous sac- SCHEDULE among themselves the asbestos bill and rifice of the South Dakota Guard and, Mr. FRIST. Mr. President, this morn- the best way to proceed over the next indeed, all of our soldiers who are placing, following the time set aside for the several days. ing their lives on the line so that the

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

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VerDate mar 24 2004 23:35 Apr 21, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A21AP6.000 S21PT1 S4172 CONGRESSIONAL RECORD — SENATE April 21, 2004 children of Iraq can inherit a nation According to Jay Brozik, husband of will continue to perform magnifi- safer, stronger, and freer than that of 1LT Sally Brozik who serves in the cently. their parents. 740th, members of this unit had been But the burden should be shared—so Too often, the contributions of our informed they would be heading home that we can sustain our current forces Guard members and reservists have soon. Their personal belongings had and give those who’ve already sac- gone unrecognized. But today, the been packed for the trip home. The rificed so much a well-deserved rest. brace soldiers in our Guard and Re- troops had completed the medical I yield the floor. serve have become indispensable to briefing required prior to leaving the f protecting our national security. Iraq theater. Their equipment had been With the end of the Cold War and the transferred to a replacement unit. RESERVATION OF LEADER TIME decision to draw down active duty Their families were eagerly awaiting a The PRESIDENT pro tempore. Under forces, the Nation has dramatically in- joyous return. the previous order, the leadership time creased its reliance on reservists. All that came to a crashing halt late not yet used will be reserved. Guard and Reserve soldiers have been last week, when the Department of De- f called up to active duty more fre- fense announced that the tours of duty quently, and have been taken away for this unit had been extended at least MORNING BUSINESS from their families and communities three months longer than promised. The PRESIDENT pro tempore. Under for longer periods of time, than perhaps The story is similar for the 842nd En- the previous order, there will now be a at any other time in our history. As a gineering Company and about 20,000 period for the transaction of morning result, the line between active and re- other active and reserve troops who business for 60 minutes, with the first serve duty has become blurred. were in formed that the administration 30 minutes under the control of the ma- The service of the South Dakota Na- had broken its commitment of one- jority leader or his designee and the tional Guard and Reserve provides a year, ‘‘boots on the ground’’ in Iraq. final 30 minutes under the control of perfect illustration. Two-thirds of Although I am confident all involved the Democratic leader or his designee. South Dakota’s National Guard mem- will continue to serve their country in bers have been called up since Sep- the same exemplary fashion they have f tember 11. On a per capita basis, South to date, the administration’s decision ORDER OF PROCEDURE Dakota has had more of its Guard was difficult to bear for the soldiers members activated than any other and families involved. In the words of Mr. REID. Mr. President, will my State. These call-ups have fallen heav- Spearfish Mayor Jerry Krambeck, ‘‘I friend yield for a unanimous consent ily on South Dakota’s Army Guard don’t know what I can say without put- request? units. According to Governor Michael ting tears in my eyes. All I can do is Mr. MCCONNELL. Yes. Rounds, nearly 8 of every 10 South Da- continue as we are and continue to sup- Mr. REID. Mr. President, I ask unan- kota Army Guard members have al- port the families even more at this imous consent that, under the Demo- ready been called up for active duty. point.’’ cratic-controlled time, Senator BOXER The South Dakota National Guard Jay Brozick said, ‘‘I was thinking my be recognized for 15 minutes, Senator 1 has six units and 1,200 soldiers in the wife would be back for our son’s birth- JEFFORDS be recognized for 7 ⁄2 min- Iraq theater, including the 740th Trans- day, May 4. Now it’s changed every- utes, and Senator HARKIN be recognized 1 portation Company, the 842nd Engineer thing.’’ And Ryan Lovrien spoke of his for 7 ⁄2 minutes. Company, the 2nd Battalion of the girlfriend, SGT April Semmler of the The PRESIDENT pro tempore. With- 147th Field Artillery, the 153rd Engi- 740th: ‘‘[April] had mentioned hoping out objection, it is so ordered. neer Battalion, the 1742nd Transpor- after a year to be home and spend time The Senator from Kentucky is recog- tation Company, and the 216th Engi- with the family in the summertime and nized. neer Detachment. These soldiers have just be out of there. Now they’re going f the gratitude and admiration of our to do three or four months.’’ PATRIOT ACT State and our Nation. Mr. President, the cost of failure in Late last week, we were reminded of Iraq is beyond comprehension. Given Mr. MCCONNELL. Mr. President, in the dangers they face each and every the stakes involved for the people of October of 2001, the Senate passed the day. As I noted on the floor Monday, Iraq, the region, and the world, we PATRIOT Act by a near unanimous Army Specialist Dennis Morgan, a have no choice but to maintain our vote of 98 to 1. The PATRIOT Act has member of the South Dakota National commitment and do all we can to bring been a vital tool in our ongoing efforts Guard, was one of the 12 American sol- about a safe, secure, and democratic to prevent future attacks of terrorism diers killed in Iraq this past weekend. Iraq. But we do face a choice about how against Americans at home. Terrorist Specialist Morgan was the sixth South we fulfill this commitment. cells across the country have been bro- Dakota soldier to die in this war, and I urge the President to redouble his ken up from Buffalo, to Detroit, to Se- the first member of the South Dakota efforts to expand the international attle, to Portland. Over 300 criminal National Guard. While South Dako- presence on the ground. We have the charges have been brought. Over 515 in- tans’ thoughts and prayers are with finest forces in the world. Breaking our dividuals linked to the 9/11 investiga- Specialist Morgan’s family and, indeed, commitment to these forces is not only tion have been deported. Hundreds the families of all of those who have unfair, it is shortsighted. Already we more suspected terrorists have been lost loved ones in Iraq, we also pray for see soldiers re-enlisting at lower rates identified and tracked throughout our the safety of the soldiers who remain than in the past. Considering that the country. It is no wonder, then, that the in Iraq. demands placed on our already over- biggest hero to emerge from the hear- Two South Dakota units have re- extended forces are unlikely to fall in ings before the 9/11 Commission has ceived the most public attention as of the future, failure to at least sustain been the PATRIOT Act. Witnesses from late—the 740th Transportation Com- current force levels would undermine both the Clinton and Bush administra- pany of Milbank and Brookings and the our national security. tions, and from both political parties, 842nd Engineer Company of Spearfish, Mr. President, I know the Senate have praised its efficacy in fighting the Belle Fourche, and Sturgis. joins me in commending the service of war on terror. Unfortunately for the soldiers of the men and women in the South Da- Unfortunately, we are in the middle these units and their families, the rea- kota Guard and indeed all of our troops of an election year and some Wash- son these units are in the news is not a involved in the current conflict in Iraq. ington politicians would rather dem- happy one. Last week, nearly 300 sol- I particularly want to express my ap- agog the PATRIOT Act and the Attor- diers from the 740th Transportation preciation for the sacrifices made by ney General for his use of it. For exam- Company and the 842nd Engineer Com- the troops of the 740th and the 842nd ple, the junior Senator from Massachu- pany learned that they would not be and their families. They came when setts voted for the act. But since becoming home when they complete their they were called, performed as re- coming his party’s presumptive nomi- year-long tour of duty. quested, and, under any circumstances, nee, he has taken an entirely different

VerDate mar 24 2004 23:35 Apr 21, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\A21AP6.001 S21PT1 April 21, 2004 CONGRESSIONAL RECORD — SENATE S4173 tack. For example, last month, he said: that a suspect may thwart surveil- determine the facts and make non- It is time to end the era of John lance. In a roving wiretap, the tap at- partisan recommendations on how to Ashcroft. That starts with replacing taches to a suspect rather than to a de- move forward. I am trying to be fair- the PATRIOT Act with a new law that vice so that the suspect cannot defeat minded and positive about this, and I protects our people and our liberties at surveillance simply by changing cell hope the Commission holds to its mis- the same time. phones, for example. The myth is that sion. I think it has strayed somewhat It is quite puzzling how Senator section 206 is a broad expansion of off into the political arena. It has re- KERRY and his Democratic colleagues power without privacy protections. ceived, I think, justified criticism for who voted for the PATRIOT Act can But the facts are that those asser- so doing. They still have an oppor- now do an about-face and raise such se- tions are incorrect. For over a quarter tunity to move back in the direction rious questions about its effects on of a century, law enforcement has used they know and we know they should go civil liberties. It is even more puzzling roving wiretaps to solve ordinary and produce a report that we will all to make such charges in light of how crimes such as drug offenses. How can feel will pass the smell test and stick instrumental the PATRIOT Act has that be terribly expansive, to allow in to the goal we all thought the 9/11 been in safeguarding Americans, and in national security matters what has Commission had in the first place. the absence of evidence that the PA- been occurring in ordinary criminal Mr. President, I yield the floor. TRIOT Act is being misused. matters for 25 years? The PRESIDENT pro tempore. The Sixteen key provisions of the act will Second, as I said, a roving wiretap Senator from New Mexico. Does the expire on December 31 of next year. It can only be obtained after a court finds Senator yield time to himself under is crucial that law enforcement not be that a suspect might thwart surveil- the standing order? deprived of these tools. While I cannot lance. A number of courts, including at Mr. DOMENICI. I did not hear the prevent election year politics, I can try least three circuit courts, have ruled Chair. to disabuse my colleagues of erroneous that roving wiretaps are perfectly con- The PRESIDENT pro tempore. Does assumptions about some of these provi- sistent—perfectly consistent—with the the Senator yield time under the exist- sions. fourth amendment. So it is pretty clear ing order for allocation of time? Let’s take a look at section 201 of the that privacy protections are not being Mr. DOMENICI. Yes. I understood I act. That section allows law enforce- eviscerated. was going to speak next. How much ment to use existing electronic surveil- In sum, we should renew the parts of time do I have? lance authorities to investigate certain the PATRIOT Act that will expire. We The PRESIDENT pro tempore. There crimes that terrorists are likely to should not take away from law enforce- are 20 minutes remaining. commit. ment needed weapons in the war Mr. DOMENICI. I thank the Chair. Now, the myth about section 201 is as against terrorism. Mr. President, I followed with inter- follows: Some contend that the Gov- f est the media comments and partisan ernment already has the authority to criticism of the President in light of investigate cases of suspected ter- THE 9/11 COMMISSION testimony from a variety of individuals rorism and, therefore, section 201 is Mr. MCCONNELL. Mr. President, I before the 9/11 Commission. I find the completely overkill. But the fact is, be- wish to make a couple of observations criticism almost laughable, in some fore section 201 of the PATRIOT Act, related to the proceedings of the 9/11 cases. Here is what I gather is the es- law enforcement had the authority to Commission, which have been in the sence of the criticism prior to the at- conduct some electronic surveillance news recently. tacks on 9/11: when investigating ordinary nonter- Specifically, I am troubled by the One, President Bush didn’t care rorism crimes. But law enforcement partisanship that some Commissioners about terrorism, didn’t care about it could not use wiretaps to investigate have displayed, such as by cross-exam- enough, but if he did, he didn’t want to all of the crimes that terrorists will ining public officials as if they were know about it. commit. common criminals. Second, President Bush didn’t know Now, as an illustration of this odd di- I am not the only one who is troubled about terrorism, but if he knew, he chotomy, law enforcement could use by the proceedings. Former National didn’t know enough to do anything. wiretaps to investigate mail fraud but Security Adviser under President Clin- Third, President Bush didn’t do any- not for chemical weapons offenses or ton, Tony Lake, has said that the hear- thing about terrorism, but if he did, it cases involving the use of a dirty bomb ings are ‘‘a sad spectacle that has be- wasn’t enough. or cases involving killing Americans come so partisan.’’ That is the Na- Finally, President Bush and the abroad or cases of terrorism financing. tional Security Adviser under Presi- agencies of Government knew about Let’s go over that one more time. Law dent Clinton. the pending attacks on September 11, enforcement could use wiretaps to in- Max Holland, a former fellow at the 2001, but didn’t do anything about it. vestigate mail fraud but not for chem- University of Virginia who is writing a Or President Bush and the agencies ical weapons offenses or offenses re- history of the Warren Commission, of Government didn’t know in advance lated to dirty bombs, killing Ameri- notes that, ‘‘in some respects,’’ the about terrorism plans for September cans overseas, or terrorism financing. proceedings of the Commission are 11, but they should have. That is an absurd position for the law ‘‘definitely a new low.’’ He added that Just laying out this summary of the to be in. ‘‘this is a commission charged with es- charges shows the contradictory, al- So it seems to me that if law enforce- tablishing facts and the truth rather most ludicrous nature of these attacks. ment can use a wiretap to bust up a than posturing for political gain. But How outrageously partisan this all has failed mail-in sweepstakes ring, it some of the hearings amounted to lec- become. should be able to use wiretaps to stop turing and posturing.’’ Let me talk a minute about the way the use of a dirty bomb. Still others, such as Professor Juli- I see it. Let’s make one final point about sec- ette Kayyem of the Harvard’s Kennedy First, let’s for a minute assume that tion 201. To obtain a wiretap under this School of Government who served on a 9/11 did not occur. Remember, I am section, all the preexisting safeguards congressional terrorism panel to inves- going to talk for a minute about the for wiretaps must be complied with, in- tigate the 1998 African embassy bomb- President, America, and the Congress cluding establishing probable cause beings, have questioned why 9/11 Commis- as if 9/11 did not occur. fore an impartial Federal judge and sion members have granted so many Mr. President, 9/11 did not occur, but getting that judge to sign off on the interviews. She notes that ‘‘they have the President got a report from the use of a wiretap. become too public’’ and that ‘‘tempts CIA, FBI, NSA, and others, telling him Another section that has been mis- Commissioners into making assess- al-Qaida was getting anxious, they understood is section 206. This provi- ments and conclusions prematurely,’’ were a little bit worried about things; sion allows roving wiretaps in national she suggests. the group is moving around a little bit security investigations. But it only al- My understanding of the 9/11 Com- too much; they may be thinking about lows them when the FISA court finds mission was that it was to impartially attacking America. But no 9/11 has

VerDate mar 24 2004 23:35 Apr 21, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.004 S21PT1 S4174 CONGRESSIONAL RECORD — SENATE April 21, 2004 ever occurred for my hypothesis about I am going to carp on one of them. thing before 9/11 or not seems to me to how I see it. Can you imagine Congress giving the border—as a question, it seems to be The President says: In light of this President of the United States the au- one that we know the answer to. Even report, we better get ready and we bet- thority to check everybody who gets if he knew more, even if he knew soon- ter take this issue to the American on an airplane in the United States be- er, we would have done nothing. people. So the President gets ready, cause he had some reports showing So why is so much being made about and he makes a speech to the American that al-Qaida was dangerous, al-Qaida that period of time and talking about people. There has been no 9/11, so he might be looking at some activity in the 1 or 2 weeks and was there a break- cannot talk about that. the United States? Of course not. Any- down in communication or not? Look, He gets up and says: Things are a lit- body who believes we would have done we all understand we were not on a war tle dangerous. Al-Qaida is moving that for this President or any Presi- footing. We did not get there until we around too much. I am a little worried dent is just not facing reality. had been attacked. I do not think about America, so I think we ought to As a matter of fact, it is my honest America would have gotten ready be- do something about it. belief that if we did not have 9/11, we fore the attacks. Maybe after this al- No 9/11 has ever occurred. would have passed none—not one or Qaida attack we might, but, frankly, I The President says to the American two—none of the extraordinary meas- believe any President, and in par- people: I want to set up a department, ures that were passed because of 9/11. ticular this one, would have been at- and I want 45,000 people hired so we can It seems to me that for people to now tacked viciously had he been talking check on everybody who gets on an air- run around and wonder and speculate about searching every citizen, every plane in the United States. about whether the President knew Mr. President, 45,000 people and ev- person, who was planning to go on an enough, whether he should have known erybody who gets on an airplane in airplane, or if he would have said, I more because if he did he could have America is going to be checked is the want to amend the rules and I want to gotten all these things that we are first request. call it the PATRIOT Act and we are The second request: The PATRIOT talking about, that is an absolute ab- going to have a lot more authority to Act—which has been discussed this surdity. track people, to listen to their con- morning—I need that, I want that, says Remember, we had a Senator from versations, and do the kinds of things the President. the State of Georgia. Remember what the PATRIOT Act provides. Third, I need a homeland security he did on the Senate floor? He resisted So it seems to me we ought to get on agency. It will be big because this is a homeland security. He resisted it on with the report and a study that says big problem, says he; $26 billion will be the basis that he was not sure whether how were we deficient—not whether put into one agency so they can work they should put unions in as a manda- this President knew, when did he on homeland security. tory notion with reference to those know, what did he do—with reference Can we imagine the President of the people who were going to be part of to our laws, our rules, and our ability United States taking that to the Amer- this new agency of our Government. He to do something about a terrorist at- ican people if we did not have 9/11? I lost an election on the basis that he fa- tack. can imagine it. In fact, I could ask the vored unions over the Department of I am sorry to say we did what we did American people, What do you think Homeland Security. We then got a suf- only because we got attacked. But we would have happened? You know what ficient vote to pass it. It was that would not have done it otherwise. they would say? Nothing would have tough, even after 9/11. Whatever the President knew or did happened. They would have laughed at I close by repeating that this Senator not know or whenever he knew it, we the President. They would have said: does not believe it is possible that we would not have responded with the Who does he think he is. He wants to would have passed this legislation that kinds of things we ultimately research everybody who is getting on an everybody is saying the President sponded with. Some of them took a lit- airplane? He wants this new extraor- should have worked on, he should have tle longer than one might expect, but dinary power, some say, under the PA- done more on, he should have worked nonetheless the truth of the matter is TRIOT Act. He wants this new depart- on this, he should have gotten America we do not need a group of partisans to ment. more prepared, when as a matter of take over that Commission that was Do you know what we would have fact this Senate would probably have appointed in honesty and with earnest said in the Senate: You will never get done nothing had we not had 9/11. intentions. We do not need a commis- that, Mr. President. Who do you think So is it not ludicrous, is it not rather sion spending all of its time trying to you are, a dictator? You want to check outrageous that we are spending time get to the President politically about everybody who gets on an airplane in trying to figure out if he knew, when what he did or did not do, when he did the United States? Never heard of such did he know, he should have known it, when he should have, when if we a thing. That is the truth of the mat- more, when the facts are that it would looked inward we would say, Well, Con- ter. That is what would have happened. not have made any difference because gress most probably would have done He would have gotten nothing. I just do we would not have done anything? We nothing had we not had 9/11. not believe that this Congress, espe- would not have done anything unless I hope the Commission thinks about cially with the attitude I am seeing and until al-Qaida had attacked the that when they are writing their re- now—which is totally obstructionist, a United States. port. I hope they think about the re- minority but a large minority is trying If anybody would like to argue that ality of preparing ourselves for ter- to stop everything—can you imagine point, I would be delighted. Does any- rorism. I believe, as I have said this what they would have done if the body believe we would have said we are morning, we would have done nothing President of the United States, without going to check every American who had we not had 9/11. I do not think any 9/11, would have requested all these gets on an airplane if we had not had 9/ President would have succeeded in get- items? I cannot. 11? Imagine what they would have ting anything done if we did not have 9/ The point I am trying to make is, it called the President. They would have 11. is rather absurd to talk about which called him every name under the Sun It would be interesting for the Com- week did the President know, how and probably would have ended up ask- mission to look at the matter that much did he know, should he have ing, Who does he think he is, a dic- way, to look at it from the standpoint known more; if he knew more, tator? He wants to take over the air- of what would have happened, what shouldn’t he have done more? I have al- lines and inspect every American? could we have done, what is the reality ready gone through those, but I go Americans would be saying to their of getting anything done prior to 9/11 through them again because, as a mat- Congressmen, Do not let him do that. actually happening. ter of fact, had he known a little more, It is crazy that they are going to I yield the floor. had he known it sooner, had he had search us before we get on an airplane. The PRESIDING OFFICER. Without more reports from the CIA, nothing The point is, there is no question objection the majority’s time is re- would have happened in terms of that we acted after 9/11. The President served. changing our laws. acted after 9/11. Whether he did some- The Senator from Vermont.

VerDate mar 24 2004 23:35 Apr 21, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.007 S21PT1 April 21, 2004 CONGRESSIONAL RECORD — SENATE S4175 Mr. JEFFORDS. Mr. President, I lis- traordinary on a whole range of issues, clines. The Commission stated we need tened to the Senator’s very eloquent as has been his dedication to the envi- to start taking an ecosystem-based and well-prepared speech of the prob- ronment, to protecting people and management approach to protect our lems that occurred prior to 9/11. We all their environment. oceans and marine species. That means understand and know how bad they When we hear protection of the envi- we need to look at the whole environ- were. ronment, some people think of wildlife, ment of the ocean and not take small f which is true, and fisheries, which is steps, but make sure we have policies true, and forests. It is all true. It is all that protect the entire ocean. EARTH DAY about preserving these things—first of We need to improve the governance Mr. JEFFORDS. I rise to speak about all, because they are God’s gift to us of our oceans by strengthening and co- an issue that has been with us for a and that is our moral obligation, but it ordinating decisionmaking. The Com- long time and for which we have had also protects the people of our country mission highlighted the need for great- responsibility and have done a pretty because we know when species get en- er Federal investment in ocean re- good job at making sure everything dangered, we know when oceans get search and exploration for better sci- would turn out all right. I want to talk polluted, we know when we lose the entific information. about clean air, the environment, and wetlands, we know when the air is I am someone who has worked for a areas where we have made tremendous smoggy, it hurts the people we rep- long time to stop oil drilling off the progress. resent—particularly the children, who coast of California because that is a As we mark Earth Day tomorrow, are the most vulnerable, the people precious environment we must protect, rather than celebrating the environ- who are ill, and the elderly. and it is an economic asset as it is. I mental legacy, I am afraid we are If we take our position seriously, am someone who wrote the tuna label- fighting harder than ever to protect what could be more fundamental than ing bill which turned out, happily, to our progress. Since the day he came protecting our people? Protecting the save tens of thousands of dolphins into office, President Bush has worked environment is protecting our people. every year. I so welcome this report. I to gut more than 34 years of hard work It is what we must do. It is the moral call on the President to embrace the by weakening many of our Nation’s thing to do. findings of this report. I call on the standing environmental laws, some of I say to my friend Senator JEF- President to work with us and let us which were signed into law by his fa- FORDS—and I see my colleague Senator know how he wants to implement this ther. REID of Nevada has come to the floor. report. Air pollution is causing 70,000 pre- I serve with both of them on that com- I hope I am wrong in what I am about mature deaths a year in the United mittee. It is a joy to be on that com- to say, but given the history of this ad- States. Yet this Bush administration mittee—we have a lot of work to do. ministration I am very worried we will has proposed one of the biggest We know Earth Day is a time for us to not hear much from the President rollbacks of the Clean Air Act in his- reflect on what our work should be. about steps he is going to take with us tory. Science tells us more than 600,000 Gaylord Nelson and Denis Hayes found- to invest in our environment, to make women and children are at risk from ed Earth Day in 1970 to ensure environ- sure America is the model for the mercury contamination. Yet this Bush mental protection would be a major na- world when it comes to protecting its natural resources. administration has proposed to violate tional issue. It has been. Tomorrow is Half a billion people participate in a legal requirement to reduce mercury the 34th anniversary of Earth Day. Earth Day campaigns every year, half emissions from powerplants. One thing I find when I go home is a billion people across this world. I As we approach another summer, 40 people are so—I don’t like to use this urge the President to take a look at percent of the U.S. rivers and lakes re- word, but it is true—they are disgusted this report, to step out on Earth Day main too polluted for fishing or swim- with partisanship. They have had it and say I embrace this and we are ming. In spite of this fact this Bush ad- with partisanship. They want us to going to work together to protect the ministration has proposed fewer bodies work together. On what better issue oceans. While he is at it, I think Earth of water to be protected by the Clean could we work together than a clean Day would be a perfect day for him to Air Act. Toxic waste sites continue to and healthy environment? Whether you say he has seen the light and he is be added to the Superfund while the are a Democrat or Republican or what- going to reverse all of the environ- Bush administration continues to cut ever, you still have to breathe the air; mental rollbacks he is perpetrating on funding for the program and refuses to you still have to drink the water; you the American people. reauthorize the ‘‘polluter pays’’ law. still want to take your family to the I have a scroll I cannot bring into the The Earth continues to warm and beach or to the park. It is our job to Senate Chamber because there are this Bush administration refuses to act protect the environment so you can do rules against bringing the scroll in. to reduce the greenhouse gas emis- that. When I unroll that scroll—and it goes sions. This Bush administration has a We know this issue has been very out 30 feet—we see the more than 350 growing credibility gap, maybe even a much a bipartisan issue. When I think laws and regulations that have been credibility chasm, on environmental back, what comes to mind is President rolled back unilaterally by this admin- policy. The President has lost the trust Nixon founded the EPA. We look at istration. No one has been immune of the American people when it comes each President and we see progress has from these attacks: not children with to the environment. been made across party lines. Yet with asthma, not communities faced with As the ranking member of the Senate this Presidency—and I think Senator toxic waste sites, not parents who Environment and Public Works Com- JEFFORDS has touched on it and it has worry about what comes out of their mittee, I believe we have an obligation to be very painful for him to touch on faucets. to maintain and enforce the environ- it—we see a reversal of years of bipar- I couldn’t possibly go through every mental laws already on the books and tisan progress. I want to get into that. rollback. I don’t have enough time in also to strengthen them. Unfortu- In today’s paper there is a big story. the day. But what I want to give a nately, our President is moving us The U.S. Commission on Ocean Policy sense of is what these rollbacks look backward instead of leading us for- has given its preliminary report on the like when they are written down, so I ward. I hope we can once again cele- state of our oceans. Happily, they gave do have a whole series of charts. It is brate Earth Day by showing more re- us a blueprint for a new, comprehen- very hard to read, I know. Each one has spect for our environment. sive, national ocean policy. This hap- a date. It starts January 20, 2001, I yield the floor. pens to be a Presidentially-appointed When the White House Chief of Staff, Mrs. BOXER. Mr. President, I am commission composed of academics, Andrew Card, issued the memo to all proud to be here with my friend and naval officers, and members of the Federal agencies ordering the 60-day colleague Senator JEFFORDS, who is the business community. This group, ap- suspension of all rules finalized by the ranking member on the Environment pointed by our President, is telling us Clinton administration, including nu- and Public Works Committee on which our oceans are in crisis and we need to merous important regulations to pro- I serve. His leadership has been ex- take action now if we are to reverse de- tect the environment and public

VerDate mar 24 2004 23:35 Apr 21, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.009 S21PT1 S4176 CONGRESSIONAL RECORD — SENATE April 21, 2004 health, that is how they started. It was ocean commission’s recommendations EPA personnel assigned to enforce air barely a day that they were in office. It and then to step to the plate and re- quality laws has fallen by 12 percent, started then—unrelenting—the same verse some of these. the lowest level on record. In addition, day the administration held up rules Here are some more: January 2002 the number of EPA civil enforcement announced by the EPA to minimize through May 2002. President Bush re- employees also has been cut in the past raw sewage discharges and to require leases the fiscal year 2003 Federal budg- year by 5.7 percent. those discharges be placed in the public et that eliminates the EPA’s budget for What does that mean? It means the record so that the public was notified. graduate student research in the envi- people who are enforcing the laws we To give you a sense of it, last year ronmental sciences. Funding for the pass are being laid off or transferred alone there were 40,000 discharges of EPA’s Star Grant Program, which pro- out. The polluters understand it. They untreated sewage carrying bacteria, vi- vides highly motivated doctoral stu- are not dumb; they know. If they are ruses, and fecal matter into basements, dents with 3 years of funding to do en- not being watched, they are not going streets, playgrounds, and waterways vironmental research, amounts to a lit- to live up to their obligations. across the country. tle more than one-tenth of 1 percent of It is a reversal of years of bipartisan My God, who would ever want to stop the EPA’s budget. progress. That is what hurts so much. a rule that said you need to notify the Here is a program where young peo- As I listened to my friend, Senator public and minimize raw sewage into ple who are dedicated to the environ- JEFFORDS, who made a very heartfelt people’s basements? ment can continue their education. Oh, decision to become an independent, one Earth Day is coming. What are we no. This is something that is going to of the reasons he decided was the envi- doing here? be cut from the budget. ronment and that he was perplexed and That is just the first two on the list. May 10, 2002, EPA documents reveal discouraged and dismayed at what had On February 12, just a couple weeks that the Federal Office of Surface Min- happened to his party—his former after he was inaugurated, the Depart- ing is pushing to halt reforms that party. I understand why he is per- ment of Energy delayed implementa- would ensure coal companies have plexed. We just looked at some of these. Let tion of a new energy-efficient standard plans to restore mining development us go ahead. This doesn’t stop. It goes for residential and commercial appli- before they can obtain mountain top ances and equipment. on and on. removal permits. Here is 2002 through July 2003. The Again, I come from a State that has Here is a coal mine that wants to go administration has reversed a Federal an electricity crisis. The best way to on the top of the mountain. And we al- policy that protects public lands while deal with it is to make sure we con- ways said you have to have a plan for Federal land managers are assessing serve as much as we can. Why would how you are going to restore the moun- possible designations of wilderness anyone think it is in the public inter- taintop. They say it is OK; go ahead, areas. est not to move ahead with those destroy the mountains; we really do Let me explain that. In the past, if standards? not care. someplace is under consideration for This goes on. Here I go. I just landed How could people understand all of wilderness designation, you don’t go in on this one, August 8, 2001: In a rever- this that is going on? there with mining companies and sal of President Bush’s Earth Day I am just picking a few. drills. You don’t go in there and de- pledge to preserve wetlands, the Corps Let us look at another chart. All of stroy it while the land is under consid- of Engineers proposed relaxing a series this is on the scroll. eration for wilderness designation. of rules designed to protect streams The Bush anti-environmental record, Once you destroy the wilderness, this and other wetlands. The Forest Service May 2002 through August 2002: This is pristine gift from God, it is gone. Never granted authority to review road build- something Senator JEFFORDS talked before have we seen where you go in ing and timber sale prices, removing about. there and disturb these beautiful areas. protections for the most pristine and An Assistant Secretary at the Com- But that is what they do. largest roadless national forests. merce Department testified that the Here is one, June 6, clean water: The We have national forests. We pro- Bush administration needs between 2 EPA has racked up an abysmal record tected them. And the administration and 5 years to develop a national strat- of enforcing Federal water pollution wants to go and build roads in these egy to minimize global warming, and standards, according to its own study. most precious areas. they will seek volunteer reductions in- In the broadest effort to date to docu- It goes on. December 2001, Interior stead of mandatory emission reduc- ment the failure of the EPA and State Secretary Norton reverses her agency’s tions. to enforce the 30-year-old Clean Water denial of a Canadian company’s pro- The announcement came despite re- Act, the Agency’s Office of Enforce- posal to locate a major open pit gold cent civilian employee reports con- ment and Compliance found that at one mine in an area of the Southern Cali- firming what most scientists have long time roughly 25 percent of all large in- fornia desert that is of great cultural believed—greenhouse gases generated dustrial plants and water treatment fa- and religious importance. Former Inte- by human activity are a major cause of cilities were in violation of Federal rior Secretary Babbitt denied it be- climate change. law, and in all but a handful of cases cause of the devastating impact it The Commerce Department says, EPA failed to take action against the would have had on the resources of this Well, even though the scientists say polluters. site. this is global warming—and we have The Clean Water Act is 30 years old, Wasn’t that a cyanide mine? They had hearings that show that slopes and now we are not enforcing it. The used cyanide on a beautiful precious where people go skiing may not be first Clean Water Act was passed under area that is a religious holy site. there in the near future—they are just Harry Truman. It has been amended My eyes are just landing on different going to take their time about it and since then. items here. they are not going to require compa- We have the Clean Water Act and December 14, right before Christmas, nies to clean up their act. They are they decided not to enforce it. 2001, the Department of Energy says going to use voluntary methods. This Here is one, March 19, 2004: The Fed- the Government no longer must prove is just one more example. It goes on eral Government has issued its first- the Yucca Mountain’s underground and on. ever warning that certain people rock formations would leak radioactive Here is August 2002 through Decem- should limit their consumption of contamination into the environment. ber 2002. Can you imagine all of these canned albacore white tuna due to a Can you imagine dumping radio- rollbacks by one administration? It is risk of mercury poisoning. Under new active waste and not making sure that shocking. Any one of these, I say, de- guidelines issued by the U.S. FDA and it wouldn’t leak into the environment? serve days of discussions because of EPA, pregnant and nursing women and What are they doing over there? It is their ramifications. young children should eat no more shocking, absolutely shocking. Here is one, September 7, 2002: An in- than 6 ounces of white tuna per week. This upcoming Earth Day is a chance vestigation reveals that under the According to experts on the FDA advi- for the President to embrace his own Bush administration the number of sory panel, the recommendations do

VerDate mar 24 2004 23:35 Apr 21, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.012 S21PT1 April 21, 2004 CONGRESSIONAL RECORD — SENATE S4177 not reflect the groups’ view that chil- President needs to keep all of this se- In 1995, polluters contributed 82 per- dren and pregnant women should com- cret. That is another issue on which we cent to the Superfund trust fund. As of pletely eliminate albacore tuna from will be working. October 1, 2003, the trust fund had no their diets and eat significantly less I wish to talk about the Superfund. money collected from polluters. This chunk light tuna than the Government How much time remains? means we will never be able to clean up suggests. The PRESIDING OFFICER. A minute the most hazardous wastesites. Do you Vas Aposhian, a toxicology professor and fifteen seconds. know what has happened to this budg- at the University of Arizona, resigned Mrs. BOXER. I will conclude, and I et. When the keys were handed over in from the panel after the FDA did not assume my friend would like to speak the Oval Office from Bill Clinton to heed its warnings. again. George Bush, he had a surplus as far as Mercury is a serious problem, and Mr. JEFFORDS. I would like to add the eye could see. It has been reckless Senator JEFFORDS has been a leader on that we have both witnessed all this. I over there. We now have deficits as far that. Even though we know how harm- don’t know how the Senator feels, but as the eye can see. It is a very anxious ful it is, they have even tried to down- I feel perhaps I have not done as much time in our country. Is this the time to play the impact of mercury on women as I could have, as much as I would like now say to polluters, ‘‘Don’t worry, and children. to do. you don’t need to pay a fee. We have This will complete more than 350 We have to work together to make enough money in the tax coffers to rollbacks. This is where we are as we sure this terrible onslaught of destroy- cover your problems?’’ approach this Earth Day. ing our environmental laws stops. And We all love to tell people, ‘‘You don’t I am happy to yield for a question. I know the Senator joins me in that have to pay taxes.’’ That is the great- Mr. JEFFORDS. I thank the Senator pledge. And that we will do what we est thing for any of us to do. But of all for illuminating, pointing out all of the can to not get weaker but hopefully get the times to tell polluters, ‘‘You don’t problems created by this administra- stronger. have to clean up your room anymore,’’ tion. As we go forward, the challenge Mrs. BOXER. I say to the Senator, this is not the time. we now have is to make sure no more those words mean a lot to me. With all My mother taught me: If you make a occur. the other issues we face, and we face mess, you clean it up. I find myself Many Members on both sides of the some very harsh issues, not the least of quoting my mother more and more the aisle are deeply concerned about what which is that this month alone I have older I get. She said other things like: is happening to our environment on lost 45 people in Iraq who either were Don’t go where you’re not wanted. She this Earth Day. We know that all Mem- from California or based in California— said a lot of smart things to me that I bers have to continue to alert this Na- that weighs heavy on my heart—we hold close to my heart. One thing is: tion of what the policies are doing to have to do it all. There are no excuses. Clean up your mess. She was talking this Nation. This is only one environment. It is about me when I was a kid in my room. Mrs. BOXER. I thank my friend for hard to bring it back when you destroy I am talking about polluters, the his comments. He is right. it. messes they have made. My goodness, at the minimum, we I ask unanimous consent for an addi- So where are we now? We are in a sit- should do no harm. In other words, tional 5 minutes. uation where we have reduced the let’s do no harm. We should do a lot The PRESIDING OFFICER. Would cleanups. Let’s look at it graphically more. We should clean up. We should that be 5 minutes for each side? on this chart. Through 2005, we are do better. We should set ourselves a Mrs. BOXER. Absolutely. going to see 40, if we are lucky—and no standard of achievement on the envi- The PRESIDING OFFICER. Without money. And when Bill Clinton took of- ronment so that areas get cleaner and objection, it is so ordered. fice, the cleanups increased. But the water gets purer. At the minimum, Mrs. BOXER. Yes, despite all of our George Bush has radically decreased we have to stop bad things from hap- other pressures, we have to become the pace of cleanup from former admin- pening. tougher, stronger. We have to do every- istrations, that is for sure. He has not As we look at more than 350 thing we can. gotten back to this level as shown on rollbacks made by this administration, I try to give out the Toxic Trophy the chart. going around the Congress, going Awards every time one of these things But look at where we are now. through the executive branch by Exec- happens to try to draw attention to Whether you look at the Superfund utive order, and rules and interpreta- what is going on. sites, whether you look at air pollu- tions, I tell you who has been pro- I return to my Earth Day comments tion, whether you look at safe drinking tecting the people. The only way the and the Superfund Program. One in water, whether you look at mercury, people have been protected from some every four Americans, 70 million peo- whether you look at global warming, of these things is the courts. We are ple, including 10 million children, lives whether you look at deep cuts in en- winning some of these battles in the within 4 miles of a Superfund site as we forcement, whether you look at per- courts. sit here today. chlorate, which they refuse to set a Speaking of the courts, we are still During its tenure in office, this ad- standard for, whether you look at the fighting with the Bush-Cheney admin- ministration has cut cleanups of those changes of the Sierra Nevada frame- istration over the Vice President’s de- sites from 87 per year to 40 per year work, we are hurting the environment sire to keep secret who sat in on his while refusing to fully fund the pro- and the people of this country. meetings as he put together the energy gram. The PRESIDING OFFICER. The Sen- policies for this country which, as my Superfund is experiencing a funding ator’s time has expired. friend knows, very much weigh heavily shortfall of up to $800 million. This Mrs. BOXER. Mr. President, I yield on the state of the environment, par- President Bush is the first President in the floor and hope all of us can work ticularly the quality of the air. history to oppose the ‘‘polluter pays’’ together on this Earth Day to change I will be calling on the Vice Presi- fee. His dad supported it, Ronald things around here. dent, and I might as well start now, to Reagan supported it, and Bill Clinton I suggest the absence of a quorum. cease and desist in these lawsuits and supported it. This was a consensus The PRESIDING OFFICER. The turn over the records of who was in until now. clerk will call the roll. those meetings. Why should the Vice What does it mean when you do not The assistant legislative clerk pro- President not want to reveal this? In- have the polluter fee? It means the tax- ceeded to call the roll. stead, it has taken years and thousands payers, not the polluters, pay for the Mr. REID. Mr. President, I ask unan- of hours of attorneys’ time that the cleanup. imous consent that the order for the taxpayers are paying for, to keep all I will show how many Superfund quorum call be rescinded. this secret. sites we have in the United States: The PRESIDING OFFICER. Without I say to my friend, this is an open 1,239. As this chart shows, the sites are objection, it is so ordered. government, by and for the people. I in almost every single State. Maybe a Mr. REID. Mr. President, will the don’t see any reason why the Vice State or two escapes, but not many. Chair notify this Senator as to how

VerDate mar 24 2004 23:35 Apr 21, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.014 S21PT1 S4178 CONGRESSIONAL RECORD — SENATE April 21, 2004 much time is left on both sides for tives, Chairman YOUNG proposed a supply. So it wasn’t supply and de- morning business? highway bill with a price tag of $375 mand. The PRESIDING OFFICER. On the billion. The White House opposes Based on this bitter experience which Democratic side, the time has expired. Chairman YOUNG’s proposal to add 5 is still being litigated in the courts, I On the Republican side, the time is 5 cents in taxes to a gallon of gasoline was concerned Nevadans might be get- minutes 45 seconds, and counting. and to index future tax increases to in- ting ripped off again when gasoline Mr. REID. I say to the Chair, I will flation. prices went through the roof this year. just wait until we get to the motion to Meanwhile, the oil companies have I asked the Federal Trade Commission, proceed. I assume, because I certainly gouged—I use that word purposely— along with Senator ENSIGN, to inves- cannot yield back the Republican time. consumers by 10 times the amount of tigate these wild price increases, par- It is my understanding the Presiding what Chairman YOUNG proposed for an ticularly with an eye toward any pos- Officer wishes to speak at some time. increase in the tax, a half dollar a gal- sible manipulation in gasoline mar- The PRESIDING OFFICER. The Pre- lon. kets. I needed to assure the citizens of siding Officer was going to speak if This is ironic. The President doesn’t Nevada that gasoline markets were op- somebody was going to relieve him. want Americans to pay more at the erating fairly and not being manipu- Mr. REID. I would be happy to re- pump, does he? There is no way the ad- lated to maximize the profits of oil lieve the Presiding Officer. ministration can shake the mantle companies. The PRESIDING OFFICER. I appre- they have assumed of being close to the It is easy for domestic oil companies ciate the offer, but I will continue to oil industry. Both the Vice President to boost their profits by squeezing the preside until our time runs out. and the President have been in the oil supply of gasoline. A combination of Mr. REID. I will just let the time business. We have been litigating for 3 refinery capacity reductions and cor- wind down then, and we will get to the years whether the Vice President has porate mergers has concentrated con- bill in 5 minutes. to disclose who he met with, when he trol of prices in only a handful of com- I suggest the absence of a quorum, met with them, and what he talked panies. Again, this chart shows how Mr. President. I understand the time about; that is, the oil companies. He prices have risen steadily in Nevada would run evenly, but if we have no has fought this every step of the way. since the first of the year. time left, it would just run; is that He has fought it through the court sys- A major spike occurred in February right? tem. It is still going on. 18, due to a power outage at the Tesoro The PRESIDING OFFICER. The Sen- Then there is the fact the President refinery in northern California that ator is correct. won’t call upon Saudi Arabia to in- supplies 20 percent of the refined gaso- Mr. REID. Mr. President, I withhold crease their supply unless, according to line to that region. In a matter of days, that. Probably it would be best to ask Bob Woodward and his book, the Presi- prices in Nevada topped $2 a gallon. unanimous consent that the Repub- dent makes a deal with Prince Bandar The refinery came back on line only a lican time be reserved and I be allowed to do this in September when it would week later, and the supply was restored. But as the chart shows, prices to speak for whatever time I may con- have more of an impact on the elec- at the pump didn’t recover. They had a sume. tions. Time will only tell. I would hope power outage that slowed that refinery The PRESIDING OFFICER. Without if they have made an arrangement with for a week. Prices skyrocketed. The re- objection, it is so ordered. the Saudis, they will start doing it now finery came back on line. Prices stayed Mr. REID. If the majority wants rather than wait until September. high. Actually, they went higher. more time, consent could be easily ob- Nevada gets all of its gasoline from Prices at the pump didn’t recover. tained. California, so any problem with supply Families were still paying an extra half f in California is a problem for Nevada. There has been a lot of talk and a lot dollar a gallon every time they filled GASOLINE PRICES written about the tight California gas- their tanks. So in case anyone is worried about Mr. REID. Mr. President, I want to oline market, where prices are typi- the impact of a refinery shutdown at talk about gasoline prices in the coun- cally 20 to 30 cents above the national Tesoro, they can rest easy. Refiner try and in Nevada. This is a terribly average. We hear about the lack of re- margins of profits were 70 cents higher difficult situation. It is a story about fineries. We hear about boutique fuels a share this quarter; 60 percent higher the wild west, but it is not about Wild and reduced inventories contributing than analysts had expected. The stock Bill Hickock or cowboys or mining or to higher prices. I am sure each one of at Tesoro is at a 52-week high. claim jumping. It is about gasoline. these has some bearing on higher Let me show another chart, the price Some refer to it as black oil. prices. All of these things I have talked of a gallon of gasoline in Nevada. Here This chart illustrates how the gaso- about need to be addressed. is where we arrived at $1.64. The bot- line prices in Nevada have sky- I met with the Chairman of the Fed- tom number is important: Crude oil rocketed. The prices are as of April 5. eral Trade Commission. There are re- price, 77 cents; refiner margin, that is Prices now are at least 5 cents higher. ports there are as many as 300 separate cost plus profits, at a quarter; dealer I was in Nevada last week. Gas prices boutique fuels. He thinks there are margin, 10 cents; taxes, 52 cents. That were approaching $2.50 a gallon in some around 100. But there are lots of them, is the way it is. There’s ample profit locations. This has been a burden on and that could be a problem. We realize for the oil companies at $1.64. Anything the people of Nevada and visitors who the need to reduce the number of spe- above that is just additional profit. come there. The average price on Janu- cialty fuels. In order to understand what drove ary 5 of this year in Nevada was $1.64 a We also hear about supply and de- gasoline prices in Nevada to record gallon, which was pretty high command. One thing I have been pushing is highs and why they stayed high even pared to the rest of the country. But something the first President Bush did after California refineries temporarily now it is much higher. This chart, as I and President Clinton did, and that is reduced their wholesale price, we need have indicated, is as of April 5. We have to release oil out of our petroleum re- to understand what goes into the price had an increase in the State of Nevada serve to bring up the supply to reduce we pay at the pump for a gallon of fuel. of about 50 cents a gallon. We can’t prices. I know the law of supply and de- As indicated, this chart shows the price keep up with the increases in the price mand cost Nevada ratepayers nearly $1 of a gallon of gasoline has four main with our charts. billion during the western electricity components: cost of crude oil; refiner’s This is outrageous. Let me put it crisis 3 years ago. While Enron was margin, which is cost plus profits; the into perspective. In a truly bipartisan reaping windfall profits—and there dealer’s margin, which is cost plus spirit, the Senate passed a $318 billion must be a better name for that than profit; and fuel taxes, both Federal and highway bill. The bill would create at windfall profits; it was even bigger State. We must pay attention to the least 1 million jobs, rebuild and im- than windfall profits—it told con- word ‘‘profits.’’ It figures big in this prove our transportation system, and sumers it was all a matter of supply discussion. provide a tremendous boost to the and demand. But, of course, it turned The chart shows the typical numbers economy. In the House of Representa- out Enron was really manipulating the we have come to expect in the Nevada

VerDate mar 24 2004 23:35 Apr 21, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.017 S21PT1 April 21, 2004 CONGRESSIONAL RECORD — SENATE S4179 gasoline market. Crude oil, let’s say 77 few cents. Like taxes, it is pretty much will use this chart for illustrative pur- cents, or $32.34 a barrel; refinery mar- a fixed cost. Consequently, any in- poses. gin, 25 cents; dealer margin, 10 cents; crease in the refiner margin is actually It wasn’t taxes; those don’t change. and taxes, 52 cents. These are prices we an increase in profits. It wasn’t the cost of crude; that only might expect, but they are already too The April 5 Oil Price Information went up 8 cents a gallon. It had to be high because of the extremely high Newsletter, a publisher of industry refiner profits. There is nothing left. price of crude oil. data, says California fuel blends aver- There is the one last question to be Nevada’s gas prices are the third aged $10.80 a barrel over crude during answered: Why have prices remained highest in the Nation behind Hawaii the decade. high, even as refiner profits returned to and California. I am sure we are gain- That is a historical refiner margin of more normal levels during the first ing on them. So these are locked in 26 cents for every gallon of gas. couple weeks of March? Refiner profits prices. So this chart shows that the refiner dropped a full 30 cents. Why no relief at Let’s go to chart 3, which shows that profits have recently peaked nearly 50 the pump? the latest Nevada gas price increases cents above that historical level. That brings us to the dealer margin, are not caused by taxes or crude oil These estimates are conservative. the fourth and final component that costs. Taxes are constant. Crude oil They are actually lower than the esti- determines the price of gasoline. varies only by a small margin. Crude mates of the California Energy Com- This last chart I wish to talk about oil used in California refineries is 64 mission. shows that dealer profits added to re- percent from the Alaska North Slope. Can you imagine these profits? Take finer profits led to a sustained $2.10 per The majority of our oil doesn’t come the normal profit that a refiner makes gallon at Nevada pumps. Again, dealer from Saudi Arabia. So if you look at on a gallon of gas; now add another profits added to refiner profits led to a the contribution of taxes and crude oil half dollar to every single gallon. Ne- sustained $2.10 per gallon at Nevada to the price of a gallon of gasoline in vadans use 2.3 million gallons of fuel a pumps. The historic margin is 35 cents. Nevada during the first 3 months of the day. Area-wise, it is a very big State. Again, I repeat, they are even higher year, taxes are constant at 52 cents a Many people have to drive long dis- now by as much as 4 or 5 cents a gallon gallon, so that does not contribute to a tances to get to their jobs—I will read than they were before. So it is very 46-cent increase since the first of the letters indicating that is the case—or clear what this shows. Dealer margin is year. they take their kids to school. the cost to acquire, store, and sell gas- According to data supplied by the When you figure the refiners are oline, plus profits. This chart shows California Energy Commission, the making an extra 50 cents of profit on that dealer margin takes a beating price of crude oil acquired by Cali- every gallon of gasoline purchased in when the refiner rapidly increases spot fornia refineries varied by only 8 cents Nevada, Nevadans alone are paying an or the wholesale price of gasoline. The over the first 3 months of the year, extra $1.15 million every single day, or dealer needs to pay up front to acquire from 78 cents to 86 cents a gallon. That almost $35 million a month—$35 mil- fuel before the gasoline makes it to the is equivalent to crude oil prices vary- lion a month just in the State of Ne- marketplace. ing by about $3 per barrel. vada. If ‘‘outrageous’’ is not a strong Once this gasoline is distributed, The reason that price doesn’t vary enough term, I don’t know what term dealer profits increase dramatically much is the California refineries get 64 to use. If this isn’t price gouging, it and sustain the price of gasoline at the percent of their crude oil from the doesn’t exist anyplace in the world. pump. During March, dealer profits Alaska North Slope and the California I am for free markets. But it is not a rose to 35 to 40 cents a gallon in Ne- fields. So they don’t feel the full im- free, competitive market when refiners vada. That is two or three times the pact of the more volatile OPEC or west can exercise this degree of control and historic levels of 10 to 15 cents a gallon. Texas intermediate crude markets. manipulation over the supply and the The combined total of refiner and There is no doubt that the price of cost of something that is not a luxury dealer profits has kept the price of gas- crude oil has contributed to higher gas- but a necessity on which every family oline in Nevada at an astronomical oline prices in Nevada and throughout must depend. level. the country in the last few years. How- People have to put fuel in their vehi- If the wholesale price stays down ever, it is not the reason why west cles. They have no choice. Is the Cali- long enough, the hope is that both coast gas prices have skyrocketed in fornia-Nevada gasoline market truly dealer and refiner profits will retreat the first 3 months of the year. competitive when the wholesale price to more normal levels. That is not the If we subtract the 8-cent increase of refined gasoline is largely controlled case, unfortunately. that can be attributed to crude oil, we by what a few refiners are willing to Refiner profits are spiking again, and still have to explain a 38-cent increase sell for and what the markets are we can expect another round of sus- in the price of gas. The number I use is forced to pay? tained high gas prices. smaller than what the real price is in It looks to me as if the market has Make no mistake, this is a win-win Nevada. These are as of April 5. As I been manipulated and consumers have deal for refiners and dealers. In the have indicated, they are at least a been gouged. If you think the worst is gasoline business, they say prices shoot nickel higher now. That leaves us with over, think again. The spot and refiner up like a rocket and float down like a dealer and refinery margins, or what is profits increased again in early April. feather. This is the dynamic that keeps referred to as the domestic ‘‘spread.’’ Mr. President, my information, from the price of gasoline high, and enables (Mr. ENSIGN assumed the Chair.) which I prepared these remarks, and refiners and dealers to gouge con- Mr. REID. I also alert the Presiding this chart, go back to April 5. It is now sumers. Officer that prior to the Senator from the 21st and prices are higher. I re- Let me show you what is on the next Nevada becoming the Presiding Officer, turned, as I have indicated earlier, chart. I want to be able to show that I mentioned his name regarding a from Nevada and prices there are ap- Nevada gasoline prices are clearly driv- meeting we had with the Chairman of proaching $2.50 a gallon for some fuels. en by refiner and dealer profits. the FTC. Let me go to another chart. This will This bar chart summarizes the four I would like to go down to chart 4. It detail and outline refiner profits. I be- components of the price of gasoline in is easy to determine refiner margins, lieve this chart will clearly show that Nevada during the first 3 months of the which is simply refiner costs plus prof- refiner profits drove gas prices in Ne- year—a gallon of gasoline would be its. You simply take the published spot vada to $2 a gallon. On this chart, I am more specific. It shows that dealer and or wholesale price of gasoline and sub- simply adding the refiner margin data. refiner profits increased the price of tract the price of crude oil. I have cho- It is clear that prices in Nevada were gasoline in Nevada from $1.64 to $2.10 sen the spot price in Los Angeles be- driven to $2 a gallon on a wave of re- per gallon since the first of the year. cause L.A. supplies the Las Vegas mar- finer profits. Keep in mind, $2 a gallon With the recent increase in the spot ket. doesn’t do the trick anymore. If this price in early April, we can expect a Bear in mind that the cost of refining chart were as of today, we would be up new round of increases in refiner and oil into gasoline will vary by only a here, the next line on the chart. But we dealer profits. The roller coaster ride

VerDate mar 24 2004 03:15 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.019 S21PT1 S4180 CONGRESSIONAL RECORD — SENATE April 21, 2004 of gas prices is becoming a ratchet, Dear Senator Reid: I currently reside in more oil. They have turned the spigots moving ever higher, threatening the Las Vegas, NV. I am disabled and live on a down. They have done it openly. I hope fragile budgets of working families. fixed income. I am writing you today out- the reports in the Woodward book are We picked out a few letters I received raged by the ever growing cost of living we false. I hope the President would not face here in Las Vegas. Every day the price in my office. I will read only a few of of gasoline continues to rise, while large oil enter into a deal with Prince Bandar in them. Here is one: companies like Exxon Mobile and Chevron saying we are going to increase the I filled up my gas tank today and prices Texaco are recording breaking profits, I hate supply of oil in the fall. I hope that is were $2.18 per gallon for the mid-grade fuel. to say on the backs of the average citizens in absolutely false. But I do say the Presi- This is just not acceptable any longer. I am this country. I have heard all of the stories dent has to exert more pressure on our a single 58 year old female who is working of fuel shortage due to the harsh winter in so-called allies to produce more oil. for ridiculously low wages at UNLV and liv- the eastern United States, the blockage of That is short term. ing on extremely limited budget. Between shipping lanes, and the list could go on and What also needs to be done on a the cost of medications, heat, communica- on with excuses. This still does not explain tions, and other living expenses, now I can’t these record profits. No other segment in our short-term basis is we need to start re- afford to even get to work. Please, please, economy, especially the small businessmen, leasing oil from our oil reserves. As I please do something to stop this now. A con- experience this rate of profit. Costs continue stated before, it was done by the first stituent from Las Vegas. to rise from gasoline, to utility cost, to gro- President Bush and it was done by I am going to read part of another cery bills, while incomes are not rising. The President Clinton. This President letter, but it is sad, to say the least: middle class is slowly being eroded with all needs to do the same. these rising costs. In the long term, we need to increase Senator Reid: I have had to cut my grocery budget by $100 per month, and we’re already Signed by a constituent from Las the use of alternative fuels and renew- eating cereal for dinner, 28 cent macaroni Vegas. able energy resources, but we must and cheese, and hot dogs. We also eat ham- This is a small smattering of the let- also provide for true competition in the burger when we can afford it. It cuts into the ters we have received. I have asked, oil and gas markets. lunches I have to provide for my children along with the junior Senator from Ne- Oil companies have little incentive since no school lunch program exists at Vir- vada, the Federal Trade Commission to to build or improve their infrastruc- ginia City, and I need to insure that my look into possible market manipula- ture and increase their inventories. daughter has a decent lunch . . . in her lunch tion and price gouging. After 5 weeks, They can simply dominate tight mar- pail. the FTC responded to us by saying kets where any disruption allows their This is the same person: prices in Nevada were ‘‘unusually profits to soar. There is something very wrong with our high’’ and above predicted norms. An Through use of the Strategic Petro- system when our President fails to act on be- informal FTC investigation is still leum Reserve or some other mecha- half of the American people. Protecting us looking into the cause of the price nism, oil companies should be required against terrorism is only part of the job. spike, but they are having a hard time When he fails to act changing the entire to maintain adequate stocks of crude American way of freedom, choice, and an af- showing collusion and market manipu- and refined product to prevent price fordable living, then he’s not doing his job. lation. spirals. Somebody needs to get off their duff and do I do not need an investigation to tell At the very least, we should not be something about the gas prices, production, me big oil profits have soared at the filling the Strategic Petroleum Re- and our being held hostage by OPEC and the expense of working families. We all un- serve when markets are not able to Oil Companies. . . .Do something to help us, derstand the forces of supply and de- meet consumer demand at reasonable so that single parents like me don’t have to mand, but in the gasoline market, con- price levels. Any rapid price increase put our children’s lives and futures at risk trol of the supply is concentrated in a should draw immediate and intense by having to move closer to our jobs and all because of gas prices. handful of oil companies and dealers. public scrutiny and trigger investiga- Seven oil companies control 94 percent tions. This is signed by a constituent from of California’s gasoline production, so Energy in America is essential to the Dayton, NV. they can push prices up faster and keep well-being of our Nation and its citi- Another letter: them higher than they would be in a zens. This is part of our Nation’s secu- This is about gas prices. Is there anyway competitive market. rity, to have adequate energy. Remem- that you can work a little faster on this? My These markets are not competitive ber, the United States of America, even husband works at Primm, and it costs us because they provide no incentive to now $100 a week in gas. We were trying to counting what may be in ANWR, would save $20 a week since he got a pay raise. We refiners to maintain adequate supplies only have 3 percent—in fact, it is less have a family of 5 and he is the only worker. and physical infrastructure. Every ac- than 3 percent—of the oil reserves of We are in debt because they don’t give a lot cident, power outage, pipeline break in the world. We cannot produce our way in pay raises, and when they do, it seems the market triggers a price shock, and out of our problems. Ninety-seven per- like the phone company, electric, gas, and profits mount. cent of the oil in the world is some- anyone else says ‘‘we need extra money.’’ The structure of this industry allows place other than the United States. You give them all that they need, but the price manipulation at the pump. These The citizens of the State of Nevada poor people trying to make it on 1 income or charts show how refiners and dealers even 2 are getting screwed. We watch every have been rocked with a one-two punch penny and it seems to be gone. We are having manipulate markets to sustain high, over the last couple of years by manip- to make a hard choice of what not to buy at exorbitant gas prices. If this is not ulation of the electricity market and the store. We already don’t go out to the anticompetitive, it is certainly now the gasoline market. This cycle of movies or anywhere else. I can see why anticonsumer. The profits of oil com- price gouging must stop. Even in the President Bush doesn’t do anything about panies are at record levels. I am sure wild, wild west, we have to make en- the gas prices, since he has an interest in his this makes their shareholders happy. ergy markets operate properly. cut. Thank you for your time. A constituent The FTC has been AWOL, like FERC Mr. President, I express my apprecia- from Las Vegas. was a couple years ago during the election to the Senator from Wyoming for Another constituent from Las Vegas: tricity crisis when consumers were his courtesy in allowing me to go be- Thank you so much for looking into the ripped off. As a nation, we need to de- fore him. gas price increase. This has been a very big mand both the supply and demand of How much time is remaining for the concern for my husband and myself. We are this equation to promote a truly com- majority for morning business? a large family and my husband works out at petitive market. The PRESIDING OFFICER (Mr. EN- one of the state prisons. This means a 120 On the demand side, we have to in- mile round trip every day. . . .If gas prices SIGN). Four minutes fifteen seconds. increase like they are this is going to hurt crease the fuel efficiency of cars. That Mr. REID. I say to my friend from our family a great deal. It in turn could hurt is very long term. We need to promote Wyoming, he has 4 minutes 15 seconds. our state as he is a 13 year state employee, public transit. That is long term. But Does he need more time? this could mean looking for another job in in the short term, we need to have this Mr. ENZI. Mr. President, yes, we town. I do hope and pray you are able to help administration weigh in against the should get an equal amount of time in our state with this crisis. OPEC nations and do what they can do order to respond to what the Senator Another letter: to have the OPEC nations produce from Nevada said.

VerDate mar 24 2004 01:46 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.022 S21PT1 April 21, 2004 CONGRESSIONAL RECORD — SENATE S4181 Mr. REID. When I spoke, I indicated been back about 8 months and were as- comment about wilderness areas and I would be happy to agree to that. signed to Iraq. Some of the spouses how wilderness study areas can be vio- Would the Chair indicate again how there had had husbands extended in lated. much time I used? Iraq. We wanted to find out what they I need to address this wilderness The PRESIDING OFFICER. The Sen- were feeling, what they were thinking. study issue because Wyoming is the ator used 29 minutes. It was a chance to visit with them, and only State in the Nation that nego- Mr. REID. I ask unanimous consent so we did. tiated its wilderness areas years ago. that the time for morning business on Again, we were the ones who were en- We wanted to get that figured out. We the majority side be extended 29 min- couraged. I remember one of the wanted to protect vast areas, and we utes. spouses explaining that part of the job did. There is always the recommenda- The PRESIDING OFFICER. Without of a soldier is to watch the back of his tion that there be additional wilder- objection, it is so ordered. buddy, and when some of the troops are ness study areas, and we do not have The Senator from Wyoming. pulled out prematurely there is nobody any problem with that, with a small f to watch somebody’s back. Then the caveat, and that is that the wilderness lady said: If my husband was the one study areas are often areas that are WAR IN IRAQ who had to stay and somebody got being used as part of the economy of Mr. ENZI. Mr. President, I thank the pulled out, I would not be able to take our State. They are already areas that Senator from Nevada for his courtesy it. So if my husband is the one who has have had development. and his previous offer to let me speak. to stay to protect somebody else, that Do my colleagues know what happens I am glad to have this opportunity to is their job. That is what I want him to when they go into a wilderness study talk about a number of things that do. That is what he needs to do. That is area. They go into an indefinite period have come up today. We have talked a what will make the difference. of being studied with nothing being al- little bit about the war in Iraq. We What I noticed at both of those meet- lowed to happen on that land. The have talked a little bit about the envi- ings was that other countries of the things that were already happening ronment because Earth Day is tomor- world say the reason we are the most cannot continue. It moves back to a row. We have talked a little bit about powerful country in the world is be- primitive state, with no activity, for overtime and we have talked a lot cause of the money we spend on being an indefinite period of time. about energy. I am going to cover powerful. Some people would say it is There are some wilderness impact those topics as well as some other because of the technology we have de- study areas that have been looked at things that need to be known. veloped that makes us more equipped for 20 years. Do my colleagues not I am going to start with the war in with more advanced things than any think a decision ought to be able to be Iraq because last week I had the oppor- other country in the world. Both of made in less than 20 years? There tunity to go with Senator SESSIONS and those play a small role, but what might even be some out there that are Senator CHAMBLISS to visit NATO and makes the difference between the longer than that. then to go into Germany and to visit United States and the other countries The fear of people whose economy re- with some of the troops that have been is the people of this country, the young lies on an area that they have already wounded in Iraq. Some of them have men and women who are serving in our been using is it will be designated a been wounded very severely. In fact, Armed Forces—their dedication, their wilderness impact study area and they those who are not severely wounded do innovation, their ability to think, their will lose their right to use it for what not leave Iraq. There are hospitals in ability to react, and their patriotism. they have been earning their living at, Iraq that take care of them and then Then we have another secret weapon, for years, while it is not being studied. get them back into the fray. Those who and that secret weapon is the spouses That is a crime. have been injured worse are flown to and the families who are praying for Another problem we have is it is a Landstuhl Hospital in Germany where and supporting the troops. That is a big country and things tend to be one they are stabilized, treated, and then force other countries cannot reckon size fits all. For instance, I just saw an sent back to the United States for with, and we should be so appreciative. ad in the paper asking people to send more treatment. I want to mention one other thing money to help preserve wolves. It was The three of us had an opportunity to that might seem unusual. When we a glorious ad. That is what ads are. visit that hospital. We split up into were meeting with one of the generals, They are to sell people on doing things. three groups so we could talk to more the general prayed. Now, I am not sure But they only tell one side of the story, of the soldiers. We thought we would be that is acceptable under the Constitu- and I hope before people send their able to perhaps pump them up a little tion as it might be interpreted by some money they will check with areas that bit after what they had been through. judges, but he prayed. He knows that are being impacted by a wolf popu- Quite the reverse happened. They will make a difference. lation. It has a little bit to do with our pumped us up. It was a tremendous ex- One of the things that occurred to me Endangered Species Act. perience. while he was doing that is we often al- The Endangered Species Act is a Fed- These people, men and women, to a most always remember to pray for our eral policy. It has to be. This is a vast person said: We are making a dif- troops, but I think we probably ought country and we try to save things all ference in Iraq. We know the people to be praying for the opposition as over—and we need to. But it is an un- over there, we know our job, we are well. We ought to be praying for the funded mandate for States, for coun- doing our job, the people are respond- opposition to soften their hearts, for ties, for towns, and particularly for ining to what we are doing, and we are the opposition to realize what is hap- dividuals. That is against the law, to making a difference. pening in the world and the role they put unfunded mandates on the States, The other side is so worried that they are playing. Praying can make a dif- the counties, and the people, but we do are bringing in people to take us on. ference, and it is up to all of us to try it with the Endangered Species Act. Every one of them wanted to be that, with faith, and see if it will not Right now, Wyoming’s wolf program patched up as fast as possible and go support these admirable troops, their costs about $1.2 million a year. That is back to help their buddies. They knew spouses, and their families. coming out of the Wyoming pocket; what the job was. They knew the peo- f that is not coming out of the Federal ple there. It was tremendously inspira- pocket. There are county expenses in- tional. EARTH DAY volved in it that are not being paid for The next day we went to an Army Mr. ENZI. I will switch to another by the Federal Government. There are training base that a lot of U.S. soldiers topic now. Tomorrow is Earth Day and individuals who can no longer use their in the past had been assigned to and all of us are concerned about the future land, they can’t make the living on are still assigned to, but they have of the Earth. We are concerned about their land they were making because of been moved to Iraq. They have been as- the environment, and we are concerned a Federal policy. Do we pay them any- signed to Iraq and they had just been about the activities that happen in thing for that? No, we don’t. We on another overseas assignment, had that environment. Earlier there was a should. There are definitely laws about

VerDate mar 24 2004 01:46 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.024 S21PT1 S4182 CONGRESSIONAL RECORD — SENATE April 21, 2004 takings, but the Endangered Species velopment as possible. Today the into your car gas tank. So instead of 88 Act has not adjusted to that. black-footed ferret has been planted cents—well, there are byproducts they Just today, in the Wyoming media, back in rural areas of the western get to sell, too, and that is how they there was an article about the failure United States. It has made a huge dif- are able to hold it down, I guess. of the Feds to list the Colorado River ference. But that was all done at Wyo- I want to comment a little bit on the cutthroat trout. So far none of the cut- ming expense; that was not done at 25 cents, the 25 cents that goes to the throat trout has been listed as endan- Federal expense. Something needs to refiner. The 25 cents that goes to the gered. We have been doing a job in Wy- be done about the Endangered Species refiner is not profit. Boy, I bet they oming of replacing them in traditional Act. wish it were. The 10 cents that goes to streams where they have been. In fact, f the filling station is not profit. That is in Saratoga, WY, we killed off a huge the difference between what they buy brook trout population and replaced it ENERGY it for and what they sell it for. All of with cutthroat trout which were the Mr. ENZI. Mr. President, I want to them have to provide employees, they native trout of that area. The people talk a little bit about energy. We have have to provide facilities, and they were a little disturbed to find out that regulated ourselves out of business. We have to pay taxes. So there are a lot of the Colorado cutthroat doesn’t grow as have regulated ourselves to higher costs that go into it. big as the brook trout which they were prices. We have regulated ourselves so Particularly with the refinery again, used to fishing. The whole stream was the source of our oil is in the Middle we need to have regulations to make poisoned out and these other fish were East. sure we keep our environment clean, put in, and they were prohibited from In 1973 we had a crisis. Senator Han- but we have to be sure what we are using any fish in this river for a num- sen was the Senator from Wyoming doing is what really needs to be done. ber of years. Most of the people I know who held this seat. I had him speak to Nobody is building a refinery in this do catch-and-release fishing, but there a Wyoming Jaycees session about what country anymore—nobody. In fact, we can be fish killed doing that. Under the was happening when we got cut off are reducing the number of refineries, Endangered Species Act, that would re- from oil in the Middle East. Beginning which means we are reducing our ca- sult in Federal action against the fish- then, Senators were saying we needed pacity to provide what needs to be pro- erman. to do something so we would never vided, and at the same time we are say- I am hoping the fishermen of the have an oil crisis again, that we could ing there have to be a whole bunch of country are paying attention, as they not be dependent on the Middle East. different kinds of gasoline. are talking about listing some of these I think we were at 35 percent use These gasolines are going to be de- endangered species. The fishermen of from the Middle East at that time. We signed which means they are more this country have been doing a mar- are now at 60 percent use from the Mid- complicated for particular parts of the velous job of making sure species are dle East. They hold us in the palm of country. If you keep doing that, you preserved. their hand for our money. Our money keep driving up the price. That is part I will tell you an interesting little is sponsoring whatever happens in the of the 25 cents that the refiner has to story. There is a fish hatchery near Middle East. They don’t base the price use. The more you increase the cost Saratoga. It doesn’t have brook trout on true supply and demand. They con- and reduce that 25 cents, the less gas or Colorado cutthroat trout in it; it has trol the price. you are going to have in this country. I was out in California a while ago. lake trout in it. How did they come to I once got to meet the fellow who de- The Senator from California was mak- get in the lake trout business in Wyo- termined how many barrels they ought to ship, to raise the price or lower the ing some of these speeches. ming? A number of years ago, some I have to say I don’t think you have price. Lower the price, you say? Yes, lake trout were caught out of the seen anything in the way of an energy lower the price. If you lower the price Great Lakes. They were transported by crisis yet, unless we can do something drastically you can drive production in rail to Montana. They were with an energy bill. backpacked into Yellowstone and the United States out of business. They I was out in California. As you go planted in a lake there and they grew have done it twice. They have driven it from Las Vegas, you will see this real well. Eventually the lake trout in the out of business. What happens when the dark cloud that appears. That is com- Great Lakes had a problem. They died price shoots back up and we buy more ing from California. When I was there, off. Where did they go to replace them? oil from them? The U.S. production I found that they have a pooling lane We built a hatchery in southern Wyo- cannot recover because the people who for high-occupancy vehicles. You need ming. We caught lake trout out of Yel- used to be in that business had to find two people in the car to be a high-occu- lowstone Park, put them in this hatch- other work. Finding trained people in pancy vehicle. I have never driven on a ery, raised them to maturity and got that business, to do what they had been wide road like that in Wyoming, but eggs, grew some of those, took some doing, is impossible. That is how the out there they have five and six lanes. back in the form of eggs and planted Middle East has manipulated us twice One of those lanes is saved for people them in the Great Lakes. So the loop that I know of. I think they do it, on a who carpool. I think it was rush hour. of preservation was provided by the much more minute basis, on a regular I can tell you that the other five lanes State of Wyoming. basis now. were jammed with traffic. They That is the way species have to be Earlier there were some numbers weren’t going anywhere. My wife and I provided for, not by prohibiting and over there on a chart. It showed 77 in our car constituted the two and we stopping, through regulation, people cents as the cost of a gallon of crude could use the pooling lane. We just from being able to use what they have oil. Then it showed manufacture, and it zipped right through. It was absolutely traditionally used. The fishermen are showed the filling station—manufac- amazing. some of the people who are working to ture at 25 cents, filling station at 10 But I thought I must be seeing half of overcome this. cents, and Federal taxes at 52 cents, California’s population stalled, cre- There is a little animal called the which came to $1.64, which was listed ating pollution and not carpooling like black-footed ferret. It was extinct. You as the fair price for a gallon of gas. they are suggesting the rest of us would think that was supposed to mean I love to get into the numbers be- ought to do. there weren’t any around. They found cause I am the only accountant in the There are some things that can be some in Wyoming. A little while after Senate. That is based, I guess, on 42 done, which need to be done and hope- they discovered this animal still ex- gallons of oil to the barrel. But 42 gal- fully will be done. isted, they found out that a number of lons at the current price would be 88 But you haven’t seen anything in the them were being wiped out by a plague. cents a gallon, not 77 cents a gallon. way of energy prices, if we don’t get a The State of Wyoming went in and But that is based on the whole 42 gal- national energy policy and don’t get trapped all of the rest of the black- lons being able to be made into gaso- some reliability as to what we have in footed ferret, and the State of Wyo- line when in fact you end up with 19.4 the United States. ming built a special facility to raise gallons—yes, less than half of what was We have been touting natural gas as them and try to get as much cross de- in that barrel actually is able to go clean fuel, and it is. But there is only

VerDate mar 24 2004 03:15 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.027 S21PT1 April 21, 2004 CONGRESSIONAL RECORD — SENATE S4183 one State that has an increase in the tail by thousands of military planners, We had planned to visit the 1st Bat- amount of natural gas it is producing. logisticians, and transportation spe- talion of the 501st Parachute Infantry That is Wyoming. The rest of them are cialists has resulted in a near flawless Regiment from Alaska. They are de- declining. rotation of forces. ployed to Khost, Aghnanistan, in the Let us see what happens if the use Consider for a moment the sheer size rough mountains near the Pakistan slows up and the supply goes down. Oh, of the logistics effort involved in rota- border. the price goes up. You could be seeing tion over a quarter million combat Unfortunately, an aircraft malfunc- the lowest prices in energy that you troops, in mobilizing them, in trans- tion required that we change planes, are ever going to see if we could use porting them by sea or air, supplying and that delay meant we were unable some of that U.S. ingenuity and figure them, and in simply keeping them shel- to make that stop to see those Alaskan out ways to make hydrogen out of the tered and fed. And now, consider doing forces. We are terribly proud of them coal or other things. But I do have a all of that in a place that is nearly half and all of the forces there around the lot of faith in U.S. ingenuity, provided a world away, and at the same time, country in that area. we don’t regulate them out of business. continuing the pace of military oper- My friends and I also went to Kuwait and saw forces moving into and out of f ations and combat in Iraq, without skipping a beat. Iraq. Kuwait is where much of the lo- OVERTIME New units began flowing into the re- gistics operation for the troop rotation Mr. ENZI. Mr. President, I will take gion in December of last year, and to is based. The level of this effort is 1 last minute to thank Secretary Chao date, over 95 percent of the service nothing short of remarkable to see. for the work she did on overtime. We members deploying to Iraq have ar- In Kuwait, we visited with troops had a lot of discussions about the pro- rived in the region. from the 4th Infantry Division, the di- posed overtime rule that was put out I would like the Senate to consider vision that captured Saddam Hussein, for comment. What you saw on this some of the facts and figures for the de- as they were moving home and pre- floor was an action to try to stop re- ployment and redeployment, or return, paring their gear for return. We visited viewing the 80,000 comments that have of forces in that area. with these troops at the ‘‘wash rack’’ come in. We allowed her to look at Over 900,000 short tons of equipment where each vehicle is cleaned from top those 80,000 comments. I commend the and supplies have been shipped to sup- to bottom before returning home so Secretary for the work she did in pay- port operation Iraqi Freedom. there is no contamination from the ing attention to what people were say- Over fifty-seven sealift ships have wartime area. It takes nearly 8 hours to fully clean ing. We don’t see much of that in the sailed, delivering more than 426,000 a vehicle of all the dirt, sand and wear Government, but the Department of short tons into theater, and 13 ships that accumulate. Dozens of these wash Labor, under Secretary Chao, took a have returned 88,000 short tons back racks were operating day and night, look at what people have been saying stateside. 24/7, until every last piece of gear is and made corrections in the rule before Nearly 3,000 airlift missions have cleaned and ready to return home. been completed, and over 63,000 flight the final rule was published. Many of the division’s vehicles were hours. She raised the amount to the max- staged and lined up, ready to return Ninety-seven thousand soldiers imum. We had already raised the home. That was truly a sight to see— scheduled for redeployment have re- amount on the minimum. She made rows of rows and rows of all types of turned home from Iraq. sure that first responders would not military vehicles, scores of vehicles. I Over 91,000 reserve component sol- lose overtime; that nurses would not saw the remarkable size and scope of diers were mobilized for Operation lose overtime; and that veterans our logistics effort to rotate these Iraqi Freedom 1, and over 54,000 for Op- trained and going into the job force forces in Iraq, and the magnitude of would not lose overtime. eration Iraqi Freedom 2. Last month I was privileged to travel that effort is simply amazing. I commend her for reading those General Robert Barrow, a former to the Central Command Theater to see 80,000 letters. I commend her and the commandant of the Marine Corps, in first hand the magnitude of this effort. Department for taking the corrective 1980 said: ‘‘Amateurs talk about tac- I traveled with my good friends the action. Doing the process makes a dif- tics, but professionals study logistics.’’ chairman of the Armed Services Com- ference. She did the process and she That statement has again been proven mittee, and JOHN WARNER, and the sen- made sure they responded. true by the nearly flawless rotation of ior Senator from South Carolina, FRITZ I yield the floor. I reserve the re- U.S. forces in and out of Iraq. That ro- HOLLINGS. We saw our forces in Bagh- mainder of our time. tation is now nearly complete, and it is dad and in Balad, Iraq and traveled The PRESIDING OFFICER. The Sen- a remarkable achievement. This mas- into Afghanistan to visit our forces ator from Alaska. sive movement of forces and equip- there. f ment, the largest since World War II, I simply cannot say how absolutely has largely gone unreported and little THE ROTATION OF U.S. FORCES impressed we were with the fighting noticed by the American people. How- INTO AND OUT OF IRAQ spirit and combat power displayed by ever, it is a true success story and one Mr. STEVENS. Mr. President, I rise these young Americans. that needs to be told, and needs to be today to inform the Senate of an un- We spent some time with the 1st Ar- told on the floor of the Senate. dertaking that has, in my view, not re- mored Division in Baghdad, and MG This rotation of forces is an absolute ceived adequate attention in the press Martin Dempsey’s absolutely impres- testament to the will, dedication and or by the American public. This under- sive forces. General Dempsey’s forces commitment of our men and women in taking has required tremendous plan- are providing stability and security in uniform. They are to be commended for ning, and has been on a massive scale. a dangerous part of Baghdad. They what they do for all Americans, and As the news from Iraq dominates our know they have an important mission. once again, they have made us proud. attention, an important and notable You could see the dedication and cour- The PRESIDING OFFICER. The Sen- success story has gone largely unno- age in each of their faces. They know ator from New Hampshire. ticed. I refer to the massive troop rota- why they are there. Mr. GREGG. Mr. President, I ask to tion in the Iraq theater that is now We also spent some time with Joint proceed as in morning business. nearing completion by our Armed Task Force 180, in Baghram, Afghani- The PRESIDING OFFICER. Without Forces. This is the largest U.S. troop stan. MG Lloyd Austin, a really im- objection, it is so ordered. rotation since World War II—more pressive commander of the 10th Moun- f than 250,000 U.S. service members have tain Division. His soldiers are pursuing been involved. Taliban and al-Qaida remnants in the OVERTIME Planning for this rotation of forces in mountains of Afghanistan. His forces, Mr. GREGG. I join the senior Senator Iraq has been underway for many too, are remarkably bright and dedi- from Alaska, the chairman of the Ap- months. The meticulous quality of that cated young men and women. Spending propriations Committee, in his excel- planning, the absolute attention to de- time with them was inspiring to us all. lent statement congratulating our

VerDate mar 24 2004 01:46 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.029 S21PT1 S4184 CONGRESSIONAL RECORD — SENATE April 21, 2004 military, our troops; specifically, the the process of regulatory reform and to spend a lot of money defending law- men and women who serve in Iraq and the comment period as a means to try suits which are arbitrary in many the extraordinary job they are doing to stop other legislation. How many cases and which are class action in there. This incredible rotation the Sen- pieces of legislation have been held up other cases, they will be able to spend ator reflected on, the logistics being an interminably, and some simply not their money on creating new jobs. exercise of extreme complexity, was passed, because the other side of the Instead of having a litigious atmos- accomplished with great profes- aisle says we cannot have the proposed phere out there, we will have an atmos- sionalism. regulations out there; we have to stay phere where people can understand His knowledge of this is unique and with the law as it is. what their responsibilities are to pay special, and we turn to him in the Sen- Now it has shown the folks were ab- people. Those people who are receiving ate about military affairs. I join in the solutely wrong. The folks came to the this overtime will benefit significantly acknowledgment of what the men and Senate and tried to use this proposed from this clarity, and other folks who women of our services have done in regulation as a stalking-horse to ob- will be getting jobs as a result of busi- this area. I thank the Senator for struct other legislation on the floor. It nesses having money to invest, rather bringing it to our attention. was a stalking-horse because the De- than having to pay lawyers to defend I rise briefly, however, to address the partment of Labor has come forward these lawsuits. It is a step in the right new regulations proposed relative to now with a new set of regulations direction. white-collar overtime issues presented which have grown out of and evolved I believe that opposition today, by the Department of Labor. We, as a out of the work that was done as a re- should it still continue, can only be de- Senate, have for literally months been sult of reviewing and listening to the fined as political. We know that opposi- hearing from the other side of the aisle input from the 80,000 comments. tion, in light of these regulations com- that they wanted to stop the procedure The final set of regulations has some ing out in final form, was probably of regulatory activity in this area; extremely good proposals. It guaran- highly political before, but clearly in they wanted to foreshorten the proper tees 6.7 million Americans who today light of the definitiveness and the con- and appropriate approach to govern- are not guaranteed overtime will re- structiveness of the changes which ance; that is, to issue proposed regula- ceive overtime. People up to $23,000 of have come forward with the final regu- tions and take information and com- income will receive overtime. That is lations, any additional opposition is ment on the regulations and bring for- up from the present threshold today of partisan, political, and driven by an ward any sort of clarification of the $8,000. That means 6.7 million people election year attitude, or it is simply a law in the area of overtime activity, of who today are in a gray area are no desire to be a stalking-horse to pro- which the law has been on the books longer in a gray area and they will get mote lawsuits versus promoting effi- for 50 years. overtime. cient use of resources in our society, Unfortunately, it has become con- In addition, it makes unalterably especially by small businesses. fused and arcane in many ways. In fact, clear this overtime regulation applies I congratulate the Department of the law as presently structured was put to white-collar areas. That was never Labor for doing the job which they are together in a time when this country an area for concern. People were con- paid to do, which is to try to make our had people who were called straw cerned. The Department has made it laws more understandable and con- bosses, leg men, and keypunch opera- clear the overtime of groups such as structive. As a result, they have made tors, things which no longer are rel- first responders, nurses, veterans com- a very strong step forward to assisting evant. Yet the law still has these cating back from serving overseas, li- people in getting overtime who may egories of individuals and their rating censed practical nurses, and registered not be getting it today. I yield the floor. systems are affecting how overtime is nurses would be protected. paid. That was never the intent of the f It has become a fertile ground, re- original regulations, I don’t think. But CONCLUSION OF MORNING grettably, because of this confusion. clearly, it is definitively addressed in BUSINESS this final rule. Because it is a law that has not been The PRESIDING OFFICER (Ms. MUR- Furthermore, the people whose over- adequately reformed and kept up to KOWSKI). Morning business is closed. date, it is a fertile ground for lawsuits. time may be at risk have to have an The United States Bar Weekly, a law- earning that exceeds $100,000, and they f yers’ weekly USA newspaper headline, have to be in a white-collar activity, FAIRNESS IN ASBESTOS INJURY summed up the salaries in the work- not a blue collar. If a blue-collar person RESOLUTION ACT OF 2004—MO- place across America by saying in a happens to make more than $100,000, TION TO PROCEED headline: ‘‘Boom In Overtime Suits, A their overtime stays in place. The over- The PRESIDING OFFICER. Under Danger For Employers But A ‘Gold time of a white-collar person making the previous order, the Senate will re- Mine’ For Plaintiffs’ Lawyers.’’ more than $100,000 may be impacted by sume consideration of the motion to Unfortunately, that is all we have this. The Department estimates that is proceed to S. 2290, which the clerk will gotten from the regulation in the last less than 120,000 people who may be im- report. 2 years—lawsuits. We do not have a pacted by that part of the regulation. The legislative clerk read as follows: more efficient marketplace, or people In this final regulation, 6.7 million in A motion to proceed to the bill (S. 2290) to who deserve overtime getting over- the gray area will get overtime who are create a fair and efficient system to resolve time. We have not had a settled issue not getting it. They may be getting it, claims of victims for bodily injury caused by as to who has a right to overtime. but they do not know they have a asbestos exposure, and for other purposes. Secretary Chao said we should do right. And people who are concerned The PRESIDING OFFICER. The Sen- something about this proposal. Sec- about overtime, working blue-collar ator from Utah. retary Chao stepped forward and said jobs, or working in areas such as law Mr. HATCH. Madam President, this this is an issue, a problem, we need to enforcement and firefighting or nurs- is one of the most important bills in do something about. She put forth pro- ing, will absolutely be assured of their many decades because this bill will de- posed regulations which I, as chairman overtime rights, although they prob- termine whether or not 8,400-plus com- of the committee that has jurisdiction, ably were. panies go into bankruptcy, with a loss said there are some issues. We have It means the business community, es- of jobs, pensions, and opportunities for questions. Let’s look at them. That is pecially small businesses, will have a people all over this country—and all why those proposed regulations re- clear understanding of who has the because of an out-of-whack tort system ceived 80,000 comments. The Depart- right to overtime and who does not that has been manipulated by some ve- ment has been reviewing those. have a right to overtime—not clear, racious lawyers who should know bet- Again and again people have come to but a clearer understanding of who ter but who are too addicted to being the Senate from the other side of the does and does not have a right to over- able to milk the system for billions and aisle and used the excuse of trying to time. That means instead of ending up billions of dollars, $20 billion thus far foreshorten and stop and undermine with small businesses especially having in legal fees and transaction costs.

VerDate mar 24 2004 03:15 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.031 S21PT1 April 21, 2004 CONGRESSIONAL RECORD — SENATE S4185 Opponents of this bill continue to as- Indeed, one scholar estimated that enough since S. 1125 was first intro- sert that the fund is nothing more than meritless claims—claims without any duced in May of 2003 when industry a bailout of corporate America because merit at all—based on questionable agreed to a $94 billion fund. Before in- it is not big enough. There is one word ‘‘diagnoses’’ for mass screenings have troducing S. 1125, I had heard from the for that: baloney. This charge, which accounted for $28.5 billion in costs al- other side of the aisle that $94 billion the personal injury lawyers keep re- ready. As a result, the truly ill get was not sufficient but that $108 billion peating in television and print ads, even less than the $61 billion to $92 bil- might be enough, as I have just said. I completely baffles me. Let me explain lion estimate that is suggested by worked hard to get the business com- why. these two studies. munity to commit to this funding, and, Currently, estimates of what the ex- Measured against the existing sys- in the end, the Judiciary Committee isting tort system will pay to plaintiffs tem, with all of its inequities and high added a provision that would simply rein the future range from $61 billion to transaction costs, the FAIR Act will quire $14 billion in additional funds in $92 billion. That is currently. This is deliver far more directly to victims. Up order to reach this goal. The funds, what the independent actuaries say is to $124 billion will be available to com- however, were not guaranteed in the the amount of money the victims will pensate those who are sick from asbes- committee-reported bill, as are those actually receive under the current sys- tos while still providing medical moni- under S. 2290. tem. toring for those at risk but not yet im- During the committee process, this Let me just point to this chart: the paired—in other words, not yet sick, $14 billion was added to the substantial asbestos victims’ compensation in bil- and who may never get sick. This is a contributions required from both de- lions of dollars. Under the tort sys- simplified, no-fault, nonadversarial fendants and insurers. When S. 1125 was tem—the current out-of-whack tort system which will not require forking reported out of committee, therefore, system—you have three colors on the over 40 percent to 60 percent to any it provided for $104 billion in manda- chart: dark blue, kind of light blue, and professional. tory funding from defendant companies yellow. The light blue illustrates the No matter how you look at it, vic- and insurers, plus an estimated $4 bil- fees we pay to the defense lawyers in tims get far more compensation under lion from bankruptcy trusts. The $108 these cases. The dark blue happens to this bill—and in a far more timely billion was there. consist of the fees we pay to the trial manner—than in the current system. The committee voted by a 14–3 mar- lawyers—in other words, the plaintiffs’ This alone indicates that the fund is gin that the claim values which added lawyer. Between them, as you can see on that big enough. up to $108 billion—those values—were But let’s look at it from another Tillinghast account, shown at the top, fair—14 to 3, with a number of Demo- angle. Are the aggregate fund contribu- you have $69 billion. How much goes to crats voting with us. Not a single Dem- the victims? It is $61 billion—if it is tions by companies and insurers ex- ocrat voted against these claim values. there, if these companies do not go pected to be less than they are paying The only ones who did were 3 Repub- bankrupt. Take the Milliman one, in the current system? According to licans, and they thought it was too shown down below: $61 billion to the the Congressional Budget Office, the much. personal injury lawyers, $42 billion to answer is no. CBO estimates that de- Now we are hearing that the total the defense lawyers. That is $103 bil- fendants will have about the same ex- just is not high enough. If the values lion. Only $92 billion goes to the vic- penses in the current system for the were good enough for every Democrat tims. That is assuming these 8,400 com- next 5 years. This is on page 20 of the before, why not now? I just do not get panies have not gone into bankruptcy. CBO’s October 2, 2003, cost estimate for it. By the way, let’s go back just a step We have already had 70 companies go this fund. On the same page, CBO esti- into bankruptcy. mates, for the bill as reported from or two here. As shown on this chart, we But look what happens under the committee, that insurers would actu- are getting far more money to the sick FAIR Act. The attorneys would still ally pay more to the fund in this same and needy than the two expert actu- get a whopping $2.5 billion for what period than they would under the cur- arial firms say will go to the sick and really amounts to rolling-off-a-log type rent system. needy—far more money. Those who of a lawsuit because it would not take Keep in mind, the current system is make arguments to the contrary are all the efforts they would have to put gouging billions of dollars for nonsick not being fair. in to make cases otherwise in court. claimants. Look, this fund, No. 1, calls Later in the committee markup, to They would get $2.5 billion. But $111.5 for about as much money as companies ensure the risk of insufficient funding billion would go to the victims. It is are paying now; No. 2, shifts this would not fall on claimants, an amend- pretty hard to say that is not a fair money to the truly sick; and No. 3, re- ment was offered by Senators KOHL and deal or that it is a bailout of corporate duces the transaction costs so more FEINSTEIN to provide a huge amount of America. funds are available to compensate in- open-ended, contingent funding that Now, our bill, in comparison to the jured parties. In other words, we help could be available to pay claims, up to $61 billion to $92 billion of those two those who deserve to be helped, where an additional $31 billion over a nearly actuary accounts that will go to the under the current system there are a 20-year period. The number $31 billion plaintiffs, gets them $111.5 billion, lot of people sopping up the funds that was not in the amendment, nor was the which is a lot more than either of those are there who are not even sick, who number $45 billion, which some claim it estimates were. This goes to the pock- have not suffered from sickness, and was. The amendment simply called for ets of the injured persons. may never suffer from sickness. maintaining the contributions at the So where does the rest of the ex- This is a bailout? Give me a break. same level if such funds were needed to pected cost of the tort system go? The chief benefit contributors get out maintain solvency, and this flat line Under the current system, it is going of this deal is one thing, and that is happened to add up to $31 billion, since to lawyers. It is going to lawyers’ fees predictability. They know what their we had already added $14 billion to the and other litigation costs, with per- payments will be from year to year, base funding. This meant when the sonal injury lawyers alone expected to and that is it. contingent funding was added to the garner $40 billion of these future ex- I was told if I was able to get $108 bil- $108 billion of mandatory funding, up penses. In addition, 80 percent or more lion a number of Democrats would to $139 billion could come into the fund of claims filed in recent years are from gladly sponsor and support this bill. I and ultimately out to the people. individuals who do not have a medi- had indications from the union move- Democrats and labor unions falsely cally cognizable injury and are not im- ment: But, boy, if you got $108 billion continue to cite the $153 billion number paired in their daily routine. Let me on the table, we will be there. They did whenever they can. I challenge any of put that in lay terms. They do not have not think we could get it done. But we them to show me that number in S. any injury that can be shown by the did. 1125, the committee-reported bill. current medical analysis we have in ex- Now, despite all of these things I Moreover, the $139 billion was not hard istence today, and it is the best in the have been talking about, we have heard money that would be going to claim- history of the world. the argument that the money is not ants. That is a fact. It was not hard

VerDate mar 24 2004 01:46 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.033 S21PT1 S4186 CONGRESSIONAL RECORD — SENATE April 21, 2004 money that would be going to claim- bestos litigation, and as many as 60,000 pensation do not receive it and bankrupt ants. The fund under S. 2290 would American jobs have been lost. It is esti- companies cannot create new jobs nor invest reach this same and substantial level mated if this keeps going and we don’t in our economy . . . If we work in good faith of funding. do what we should do here on this toward a bipartisan asbestos solution, we Further rendering this $139 billion can meet the challenge created by [asbestos] floor, there could be as many as a half litigation. I agree with the Supreme Court’s obsolete is the fact a sunset provision million jobs lost. I believe that is a conclusion that the number of claims defies was added later in the markup. This low, conservative figure. ‘‘customary judicial administration and provided an ultimate safeguard, in the If most of these companies go into calls for national legislation.’’ eyes of those who filed it, for fund sol- bankruptcy, I can’t begin to tell you That was Senator LEAHY’s statement vency. Still further, we added in S. 2290 what a detriment it will be to our on March 5, 2003 in the committee a measure which renders the contin- country, let alone the sick and needy hearing which was entitled, ‘‘It is time gent funding amendment from the who really deserve the moneys. for Congress to act.’’ markup totally unnecessary—the abil- Rather than rely on their own num- Other Members have made clear they ity for the fund to borrow against 7 bers or provide a reasonable alter- share his opinions. For example, last native, opponents of the bill falsely years of future revenue. With this pro- May, nearly a year ago, Senator DODD vision, the Feinstein-Kohl contingent contend S. 1125 had provided $153 bil- made the following observation: lion and, therefore, S. 2290 does not funding measure is no longer needed. [W]e are working very hard to come up Thus the whole premise for arguing provide enough funding. Of course, liti- with a compromise proposal on the asbestos more money is needed because the gating these cases in Federal court issue. And we’ve taken major steps in that committee bill had more money is lit- may be a big risk to some personal in- direction, working with organized labor, erally destroyed. The Feinstein-Kohl jury lawyers who have successfully ma- with the insurance industry, with the in- amendment created what amounts to a nipulated some outlier State courts to sured, and many others who have a rhetorical problem on the total value create a system of jackpot justice. stakeholding in the outcome of this par- In reality, the Feinstein-Kohl amend- ticular avenue. It’s a critically important ef- of claims for some Democrats and some fort. labor unions. But it is only that, a rhe- ment in committee, which introduced That statement was made on May 3, torical problem. the open-ended contingency funding, Claims values adding to $108 billion was designed to ensure the fund estab- 2003. The distinguished Senator from were good enough for almost all the lished under the act did not become an- Connecticut, Senator DODD, reinforced Democrats at the markup, and there is other Manville trust, placing the risk those statements later when he noted no reason the current $114 billion now of insufficient funding on future vic- on March 4, 2004, when referring to the should be inadequate. tims and leaving them with only pen- asbestos problem: Finally, I will give another indica- nies on the dollar. That is a risk which This is a matter that does cry out for a so- tion of why those who now argue $114 victims will not face under S. 2290. lution. billion is not enough are being unfair, If, despite paying significantly more As work progressed on bipartisan leg- if not somewhat disingenuous. Back on money than the current tort system, islation establishing a privately funded April 24, 2003, the AFL-CIO asked an in- the fund is unable at any point to pay national trust fund, support for the full value; that is, 100 percent on eligi- vestment banking firm to run a finan- concept grew. In a July 2003 letter to ble claims, then the fund will sunset cial model with certain claims values. Senators FRIST and DASCHLE, Senators and the tort system will reopen in Fed- How much did this model, which they DORGAN, BREAUX, NELSON, BAUCUS, eral courts to compensate for future shared with Republicans during nego- KOHL, MILLER, LINCOLN, LEVIN, victims. There will be no risk to the tiations, add up to? Believe it or not, STABENOW, and CARPER stated: victims. under the base case, it added to $121 The asbestos litigation crisis is real and We can’t forget this bill is about the billion. You heard that correctly, $121 urgently requires a legislative solution. . . . victims, not overinflated estimates of a billion. We offer a fund with a base of An administrative trust fund is the right ap- broken tort system that diverts much- proach and represents a good foundation for $114 billion in guaranteed money with a needed resources to unimpaired claim- a solid legislative solution. . . . A legislative $10 billion contingency, 7 times the ants and reduces awards significantly solution to the asbestos crisis is a crucial borrowing authority, and a sunset back to pay attorney’s fees and other trans- goal. . . . We believe that the groundwork to the tort system, and there is no deal action costs that do not directly ben- has been laid by the Committee leadership to yet? provide a real solution to this ongoing prob- efit claimants. By any objective stand- I said earlier, I don’t get it. But I sus- lem. ard, this fund is more than adequately pect the reason we are seeing retrench- That was a July 11, 2003, letter to funded. ment and revisionism is that—and Although we are being met with ob- Senators FRIST and DASCHLE. there is simply no delicate way to say In fact, when the legislation was stacles in getting to the substance of this so I will be blunt—when personal originally introduced, Senator NELSON the legislation, I am heartened by injury lawyers put the screws on stated: something. There has been significant Democrats and labor unions, they are bipartisan support for passage of a leg- This will protect victims, save jobs, and trying to stop this good bill at all force companies to pay their fair share. This islative solution to the asbestos litiga- costs. It is pretty apparent if you look is a good start to solving a big problem. tion crisis throughout the session. In at the flagrantly misleading ads they That was a press release on May 23, fact, calls for Senate action have been put on television, all paid for by the 2003. I have appreciated Senator NEL- occurring for several years. victims, by the way, through these ex- For example, when the esteemed SON’s support over the last year. I don’t orbitant fees and transaction costs. ranking member was chairman of the know whether they can pull him back I will tell you one thing, they don’t Judiciary Committee, my good friend on this cloture vote on Thursday. But want to kill the golden goose that as- Senator LEAHY stated: if they do, it would show this is becom- bestos litigation is for them. They are . . . Congress can provide a secure, fair and ing a political exercise to the det- only too happy to collect the golden efficient means of compensating victims. I riment of these workers, to the det- eggs, even though the people who are believe it is in the national interest to en- riment of these unions, to the det- truly sick, truly injured, will not get courage fair and expeditious settlement be- riment of the insurance companies, and the money in many cases. In the end tween companies and asbestos victims. to the detriment of these companies. imposing financial obligations on the Those were Senator LEAHY’s remarks As last year progressed and fears business community that are much in the September 25, 2002, U.S. Senate grew that the legislative effort might more than they would have to pay Judiciary Committee hearing on asbes- fall victim to election year politics, under the broken litigation system to tos litigation. calls for action intensified. For exam- compensate victims would only risk Senator LEAHY echoed his sentiments ple, Senator DORGAN wrote the fol- bankrupting even more businesses and last year during a hearing I chaired, lowing in another letter to Senators losing more jobs and pensions. Already, when he said: FRIST and DASCHLE: as I have mentioned, more than 70 com- These bankruptcies create a lose-lose situ- We must complete asbestos reform before panies have gone bankrupt due to as- ation. Asbestos victims deserving fair com- this session. I think it would be a serious

VerDate mar 24 2004 03:15 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.036 S21PT1 April 21, 2004 CONGRESSIONAL RECORD — SENATE S4187 mistake—for victims, for the economy, and At the urging of members on both come to act. We have worked our guts for the Senate—if we adjourned without en- sides of the aisle, Senator FRIST an- out to try to accommodate our friends acting asbestos legislation. Certainly, a com- nounced in December his intention to on the other side. All we hear is: more promise must meet the needs of all the accommodate Democratic requests for money, more money, more money. It is stakeholders. . . . We must seize this opportunity to solve a major public policy chal- more time, and he announced he would as though these 8,400 companies have lenge for our Nation. delay floor consideration until this an unlimited supply of money to be That was written on October 29, 2003, spring. This year, as negotiations con- given. In many cases, those companies tinued in various settings, a call for ac- are dramatically mistreated by this in a letter to Senators FRIST and tion has continued. For example, on whole system. In many cases, they DASCHLE. Yet, as you know, we were unable to get this up and get it passed March 4, Senator DODD noted the crisis should never have had to pay a dime. I last year. I agree with the Senator; it in asbestos litigation is ‘‘a matter that will cite one of the larger insurance needed to be passed last year. To allow does cry out for a solution.’’ That was companies in this country. They never, us to go past this year would be almost on March 4 in the CONGRESSIONAL ever insured for asbestos or asbestosis, criminal. RECORD. or any problem or malady that comes His opinions were echoed by Senator A few days later, Senator REID ac- from asbestos; they never had anything knowledged ‘‘we have to do something to do with asbestos, other than they BAUCUS, who wrote: about asbestos litigation.’’ That was in had their medical team do a medical After all the hard work that has been put the March 9 CONGRESSIONAL RECORD. into this bill over the past several years, par- analysis and concluded mesothelioma ticularly this year, it would be a shame to It would be impossible to argue there probably comes from exposure to asbes- let it go to waste. It would also have serious is an absence of bipartisan interest in tos. That was a service to society, not implications for the economy and for victims fixing the asbestos litigation crisis. anything that should cause liability. if we let this historic opportunity pass us by. Nothing has changed since the Demo- Because of that, this company has been . . . From what I understand, we are very cratic leadership council made the fol- joined in over 60,000 cases, every one of close. . . . I urge you both to do everything lowing observation in 2002: which they can win and should win. in your power to bring both sides together This is one issue where the fight is not The last one they tried, they did win, for a swift resolution of this longstanding de- simply a part of the age-old struggle between bate. but it cost them $2 million for attor- companies seeking to avoid financial respon- neys’ fees alone. That was before we have gone way sibilities for misdeeds and trial attorneys That is money that could have gone beyond last year’s bill, and we have seeking to punish them while rewarding to the victims, and just to get some fi- given well over 50 amendments to their clients and themselves. We agree with Supreme Court Justice Ruth Bader Gins- nality to this situation, just to solve Democrats to achieve this bill. this problem, that company is willing That was a November 5, 2003 letter. burg, who argued in an earlier case that the goal should be to provide secure, fair, and ef- to pay out what amounts to millions of On the same day, Senator LEVIN also ficient means of compensating victims of as- dollars that they do not owe just to get sent a letter to Senators FRIST and bestos exposure. We concur with the view of this over with. There is a raft of com- DASCHLE expressing his own concerns the AFL-CIO that the current system is un- panies that are in the lawsuits that fit about the importance of the Senate fair and unpredictable. Senate Judiciary that category. taking action: Committee Chairman Pat Leahy’s decision Where is the justice on the other I would like to again stress the importance to hold a fair and balanced hearing on the as- side? I admit, you want to fight for bestos litigation crisis should signal the be- of addressing the issue of asbestos reform be- your constituencies—the personal in- fore we adjourn this session of Congress. . . . ginning of a bipartisan effort to create cer- [T]he Senate is in jeopardy of missing a his- tainty in the system and get help to victims jury lawyers and the unions—but you toric opportunity to pass asbestos legislation without spurring new waves of bankruptcies. also have constituencies, my friends on with strong bipartisan support. It is obvious That was in the New Democratic the other side, in these businesses that to anyone . . . that the system is broken and Daily on September 18, 2002, a year and are going to go bankrupt and insurance needs to be repaired. a half ago. companies that also are going to go That letter was dated November 5, These are some of the Democratic bankrupt and the economy that is 2003. calls for reforms on this chart. I have going to be tremendously hurt by this These were all written during the on this particular chart quotes by Sen- situation if we do not resolve this prob- last year’s session of Congress. ators DORGAN, BREAUX, NELSON, BAU- lem. We have a whopping amount of A week later, Senator STABENOW CUS, KOHL, MILLER, LINCOLN, LEVIN, money to resolve these problems. gave the following advice to Senators STABENOW, and CARPER. In a letter, The issues that must be addressed FRIST and DASCHLE in a letter: they said: are clear. The time has come to act. I believe that we have an historic oppor- The asbestos litigation crisis is real and The asbestos litigation crisis is a na- tunity right now to pass asbestos reform leg- urgently requires a legislative solution. tional nightmare, and the failure of islation with strong bipartisan support. . . . On March 4, Senator DODD said: Congress to fix it would be a legislative The current system has a devastating impact This is a matter that does cry out for a so- disgrace. on victims and their families, who have to lution. I would like to show some charts continue to wait while the judicial system with other calls for reform from labor Senator DORGAN wrote on October 29 wades through their claims, and on compa- unions and the media. Let me go into a letter to the leaders: nies, many who have had to file for bank- some of those. ruptcy because of asbestos lawsuits. I urge We must complete asbestos reform before Organized labor calls for reform. This you both to continue to work on a bipartisan this session. solution to this national problem. is a statement of Jonathan Hiatt, gen- Senator STABENOW wrote on Novem- eral counsel with the AFL-CIO. This That was in a November 13, 2003, let- ber 13: was made before the Judiciary Com- ter. I believe that we have an historic oppor- mittee on January 25, 2002: Senator LEAHY made the following tunity right now to pass asbestos reform leg- statement on the floor a few days later: Uncertainty for workers and their families islation with strong bipartisan support. is growing as they lose health insurance and . . . [W]e have come to a complete accord Senator LEAHY, on November 22, 2003, see their companies file for bankruptcy pro- on the idea that the fairest, most efficient said: tection. way to provide compensation for asbestos victims is through the creation of a national An effective and efficient means to end the Mr. Hiatt is a very bright and noble fund that will apply agreed-upon medical cri- asbestos litigation crisis is within reach, and attorney in many respects, and I have teria in evaluating patients’ injuries . . . an we must grasp it. a lot of respect for him. What has the effective and efficient means to end the as- Some of the statements I have AFL-CIO done? We reached $108 billion bestos litigation crisis within reach, and we quoted from my Democratic colleagues which I had indications they would ac- must grasp it. are listed on that chart. When viewing cept, but now we are as high as $124 bil- That was a floor statement made on just a segment of these quotes, I think lion. Where are they? November 22 of last year. Unfortu- it is clear the need for reform is univer- Take AFL-CIO Principles on Asbes- nately, time ran out before consensus sally understood. The issues that must tos Compensation which was stated on could be reached. be addressed are clear. The time has August 7, 2002:

VerDate mar 24 2004 01:46 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.039 S21PT1 S4188 CONGRESSIONAL RECORD — SENATE April 21, 2004 [U]nder current law and legal processes, None of these papers, with the pos- the victims, and I think if everyone many asbestos victims are not being treated sible exception of Washington Times, did, we would have a much more bal- fairly. one would call moderate to conserv- anced bill in front of us today. In other words, the system is broken. ative. Most are more liberal papers. I am pleased that after working all Here we have a chance of changing the The Chicago Times, June 16, 2003: these years with the victims, family system. This is the art of the doable. The proposal . . . would get compensation members, and doctors, the full Senate And where are the trade unions? They to genuine victims and get hundreds of thou- is now engaged in a debate about asbes- are the ones that are losing the jobs. sands of cases out of the regular court sys- tos. I am also pleased that many of the They are the ones that are primarily tem. issues I have been fighting for have losing health care benefits. They are That is one of the points I have not been included in this legislation. This the ones that are losing their pensions emphasized up to now. As a former bill does include a modified ban on as- from these companies that are going trial lawyer, I have to tell you, our bestos, similar to the original ban that bankrupt. Where are they? Why aren’t courts are clogged with all kinds of I first introduced 2 years ago. That is they demanding that our friends on the frivolous suits, all kinds of frivolous an important acknowledgment of what other side do something about this, cases. I am not talking about these I told the Judiciary Committee did last other than scream for more money all cases necessarily, but all kinds of June: the time. Stones can only give so much them. Then you add these hundreds of If Congress is going to prevent any future blood, and, of course, there is a certain thousands of cases, and one can see lawsuits, then Congress must try to prevent irony in that statement. why justice is not being obtained, espe- any more asbestos casualties, by banning the Let’s take the United Steelworkers cially for those who are sick and needy. use of asbestos. of America, local 12773: I notice that my colleague from So I am pleased by some of the We really believe this needs to be resolved Washington is in the Chamber. I thank progress in this bill, but I am also now. her and her staff for their good-faith ef- deeply disturbed by what this bill will Or take the Paper, Allied-Industrial forts in working with us to reach condo to people whose lives have been torn Chemical, Energy Workers Inter- sensus on an appropriate asbestos ban. apart by asbestos, to future victims, to national Union, local 2–0891: I am pleased that we, including Sen- family members, and to average Amer- . . . we might not have another chance for ators FEINSTEIN and KOHL, were able to icans who are being exposed to deadly some time. reach bipartisan consensus on this very asbestos every day without even know- They might not have jobs in the fu- important issue. It is important. ing it. After listening to the victims, ture because of this dragging of the Madam President, I ask unanimous hearing their stories, looking them in feet we are getting from the other side consent that immediately following the eye, there is no way I could vote on this matter. the remarks of the distinguished Sen- for this inadequate and unbalanced bill Or take the United Steelworkers of ator from Washington, the distin- today. America, local 7110: guished Senator from Ohio, Mr. As I have learned about asbestos over It is too important to let pass by. VOINOVICH, be recognized to give his re- the past 3 years, I have been troubled These sum it up. Let’s take media marks. by the duplicity of some of the compa- calls for reform just so people under- The PRESIDING OFFICER. Without nies, by the negligence of our own Gov- stand. objection, it is so ordered. ernment, and by the absolute horror The Pittsburgh Post-Gazette, Sep- Mr. HATCH. I yield the floor. that asbestos inflicts on people. tember 25, 2003: The PRESIDING OFFICER. The Sen- Throughout this process, I have also There is an elephant to be moved, and this ator from Washington. been touched by the commitment and is the best chance in years. The time for Mrs. MURRAY. Madam President, I the optimism of victims. Some of them Congress to act is now. ask unanimous consent that during to- realize it is too late for them, but they The Detroit News, April 4, 2004: day’s session of the Senate Senator want to make sure no other American The bill makes economic sense for compa- HARKIN be recognized for up to 15 min- goes through the horror they have ex- nies and would ensure significant payments utes as in morning business; Senator perienced. to employees who develop serious illness. It’s BYRD for up to 40 minutes as in morn- After working with them, I know I a humane solution and ought to be adopted. ing business; and Senator INHOFE for up am not just standing on the Senate That is the Detroit News, a heavily to 30 minutes as in morning business. floor as a single Senator. I am standing industrialized city. They understand The PRESIDING OFFICER. Without here on behalf of all of the people I this. Why the slowdown? objection, it is so ordered. have been honored to meet and stand Take the Chicago Times, on June 16, Mrs. MURRAY. Madam President, I with over the past 3 years. 2004: rise today to share my serious concerns I am standing here on behalf of peo- It is ludicrous to keep litigating for the with the asbestos liability bill now be- ple like Brian Harvey, Gayla Benefield, benefit of the litigators, when what is needed is a claims system for the benefit of the vic- fore the Senate. As my colleagues Bret Williams, Ralph Busch, Marv tims. know, this is not just another bill for Sather, and George Biekkola. That is what this bill does. It is a me. This is something I spent years They were all exposed to asbestos claims system for the benefit of the learning about, educating my col- through no fault of their own. victims. leagues about, and writing legislation I am standing here on behalf of the There is a whopping amount of to address. family members of asbestos victims, money that will go to the victims, not In fact, my work on asbestos started people like Sue Vento, the wife of the to attorneys, although the attorneys 3 years ago this very month when I late Congressman Bruce Vento of Min- still will get $2.5 billion of it, which is asked the Senate HELP Committee to nesota; Sue Harvey, and LTC James a lot of money. hold a hearing on asbestos exposure in Zumwalt, the son of Navy hero Elmo Take the Washington Times on Sep- the workplace. Zumwalt. tember 24, 2003: I started this as a very lonely battle I am standing here on behalf of doc- . . . current legislation to control asbestos- with my good friend, Senator Paul tors who have labored to save their pa- related lawsuits is one of the best ways Con- Wellstone. We held press conferences, tients against a merciless killer, doc- gress can protect jobs. and it seemed like no one came. Sen- tors like Michael Harbut, Alan The current legislation. ator BAUCUS and Senator CANTWELL Whitehouse, and Harvey Pass who not Or take the Capital Times & Wis- were with us, but it was a very lonely only provided medical care but worked consin State Journal on May 13, 2003: fight. to raise awareness and call for needed An asbestos trust fund is a good idea. It That is why today it is so great to research. should become law. watch my colleagues, such as Senator I am standing here on behalf of pub- Fund Could End Asbestos Legal Battles. DASCHLE, Senator REID, Senator DAY- lic health leaders like Dr. Richard That is what this bill can do. Why TON, and Senator LEAHY moving this Lemen, a former Assistant Surgeon don’t we have more help from the other discussion to such a productive level. General of the United States; Dr. Phil side? They have taken the time to listen to Landrigan, and people like Andrew

VerDate mar 24 2004 02:07 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.042 S21PT1 April 21, 2004 CONGRESSIONAL RECORD — SENATE S4189 Schneider and Barry Castleman who bill. After all the things that Ameri- other countries. It is still legal today have worked to warn the public about cans like George Biekkola have been for cars and trucks to be made and these dangers. through, after all they have lost, after serviced with asbestos brake pads and I am standing here on behalf of re- all their families have lost, after all linings. Workers in this country are searchers and advocates, people like they have done to protect others, I will still being exposed to dangerous levels Chris Hahn of the Mesothelioma Ap- not let them down, and that is why I of asbestos. According to OSHA, an es- plied Research Foundation and advo- cannot support this bill. timated 1.3 million employees in con- cates at the Environmental Working Before I turn to the specifics, I want struction and general industry face sig- Group. to put this discussion in context. For nificant asbestos exposure on the job All of these people have stood with decades we have been pumping this poi- today. Asbestos, in fact, has taken a me at press conferences and have testi- son into Americans, on purpose and by particularly large toll on the people of fied before Senate hearings, calling for accident. It has wrecked lives, families, my State. us to help the victims and to ban asbes- and fortunes, and it has been a problem According to a recent report by the tos. We have a real obligation to them. for many businesses. Asbestos is every- Environmental Working Group, King I am standing on the Senate floor where, and it is killing us. We have to County has the fourth highest number today to make sure the Senate does stop putting this killer in products. We of deaths related to asbestos in the right by people who have been have to stop importing products that country. Three other counties, Kitsap, wronged. contain asbestos. We have to figure out Pierce, and Snohomish, all rank in the Let me share one of their voices with a way to make whole everyone who has top 100 for asbestos-related deaths. my colleagues. In July 2001, the HELP been affected by this epidemic, and we Overall, Washington State ranks Committee held that hearing that I re- need to do it in a balanced way that eighth in asbestos-related deaths na- quested on workplace safety and asbes- gives certainty and equity to both vic- tionwide. Just last week in Spokane, tos exposure. One of the witnesses was tims and to companies. WA, our State department of health Mr. George Biekkola of Michigan, a This process has been an education announced that 100 former workers at a World War II veteran and a community for me because like many Americans I vermiculite factory likely inhaled leader who helped bring a hockey rink thought asbestos had been banned a deadly asbestos fibers and should seek to the children of his community. very long time ago. In 1989, the EPA advice from their doctors. They also Those of us who were at that hearing did try to ban asbestos, but that effort warned that children and spouses who 3 years ago will never forget what he was overturned in a lawsuit from the lived with those workers could become said. He broke down several times as he asbestos industry. Ten years later, in ill from particles that were carried read his statement, but his message 1999, reporter Andrew Schneider and home with the loved ones on their was clear. He told us he had spent 30 the Seattle Post-Intelligencer pub- clothing, on their hair, and their skin. years working at the Cleveland Cliff lished articles about a disturbing trend Given the known dangers of this min- Iron Company in Michigan. He oper- in a small mining town of Libby, MT. eral, we should all be asking why are ated a hard rock drill and was exposed Residents there are suffering from ex- we still using it? Why are we still add- to asbestos dust. He was forced to re- traordinarily high rates of asbestos-re- ing it to products on purpose where tire at the age of 60 because asbestos lated disease. At many plants where there are perfectly acceptable sub- had scarred his lungs and reduced his vermiculite from Libby was processed stitutes? Americans in every walk of lung capacity by one-third. At that and then shipped, waste rock left over life and in every corner of this country hearing, he told us: from the expansion process was given have been exposed, and we have to pro- away for free. I learned that people tect them. That is why I have worked I thought I’d be spending my retirement to do a series of things over the past traveling out West with my wife, hunting used this free waste rock in their deer up in the mountains. But today I can’t. yards, in their driveways, and in their few years. On June 18 of 2002 I introduced the gardens. He said he could not exert himself be- Ban Asbestos in America Act. I re- cause his heart was weak and that he This picture that I have with me today is Justin and Tim Jorgensen. introduced that bill again last May as had to be careful because a simple case S. 1115. They are climbing on waste rock that of pneumonia could kill him. He told I do thank all the Senators who have was given out by Western Minerals, us: cosponsored my bill: Senators BAUCUS, This isn’t how I thought I’d be spending Inc., in St. Paul, MN, some time in the BOXER, CANTWELL, DASCHLE, DAYTON, my retirement, but when I think about the 1970s. According to W.R. Grace records, DURBIN, FEINGOLD, FEINSTEIN, HOL- other guys I worked with—I guess I came out this rock they are playing on contained LINGS, JEFFORDS, LAUTENBERG, LEAHY, lucky. between 2 and 10 percent temuline as- and REID. He said: bestos. This rock produced airborne as- I have pushed the EPA to warn home- I’m here today to tell you my story so that bestos concentrations 135 times higher owners about the dangers of Zonolite maybe someone else working in a mine or a than OSHA’s current standards for insulation, which today is in the attics brake shop or a factory won’t lose the things workers. I have lost. of as many as 35 million homes, We need to do right by Justin and schools, and businesses. He concluded his statement with Tim, and those are the people I think I have urged the EPA to warn brake these words: about when I look at this bill. mechanics about the deadly asbestos Senators, please make sure that what hap- I learned, in fact, that our country is dust they are exposed to on the job pened to me won’t happen to anyone else. far behind others. The United States today. . . . Workers like me are counting on you to remains the only industrialized coun- I have asked OSHA to increase its ef- protect us. Please don’t let us down. try besides Canada that has not yet forts to enforce existing regulations I am sad to report that George banned asbestos. More than 30 million that attempt to protect automobile Biekkola died 2 weeks ago today from pounds of asbestos are still today right brake mechanics. asbestosis and mesothelioma. Until the now consumed in the United States I have shared my concern with legis- end, he was looking out for other vic- each year. I learned that asbestos is lators in Canada, the country that is tims. In fact, at his funeral last Satur- still found today in over 3,000 common the largest source of America’s asbes- day his family displayed a photograph products in the United States, includ- tos imports. of him testifying at that Senate hearing baby powder, cosmetics, brake I testified at a hearing on Libby, MT, ing. pads, pipes, hairdryers, ceiling tiles and I testified before the Judiciary George is not with us today, but his and vinyl flooring. Committee last July. words ring as loudly now as they did 3 It is still legal in 2004 to construct Asbestos liability is a real problem. years ago: Senators, do not let us buildings with asbestos cement shin- It is a problem for victims, and it is a down. gles and to treat them with asbestos problem for companies. We need a bal- That is why I have been working on roof coatings. It is still legal today to anced solution. asbestos for the last 3 years and that is construct new water systems using as- Unfortunately, the bill that is before why I cannot support this inadequate bestos cement pipes imported from us today falls short in six ways. First

VerDate mar 24 2004 02:07 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.045 S21PT1 S4190 CONGRESSIONAL RECORD — SENATE April 21, 2004 of all, it is unfair to victims because Now, the trust fund didn’t shrink on with only the fading memories of their the awards are too small, even smaller its own. It was reduced after closed- loved ones to carry them through this than many would get if they were al- door negotiations that included only tragic ordeal. lowed a day in court. one side, the defendant companies and My third concern with this bill is it Second, it could lock future victims the insurance industry. It was not keeps Americans in the dark about the out of getting help because the trust based on the actual needs of victims. dangers of asbestos exposure. This bill fund is inadequate. Instead, it was based on what the incompletely drops the education cam- Third, it keeps Americans in the surers and businesses were willing to paign that was in both of my asbestos dark about the dangers of asbestos. It pay. This one-sided agreement reduced bills. One of the reasons why asbestos does not include the education cam- the funding provided in S. 1125 by more takes such a deadly toll is because peo- paign that we know is needed and that than $40 billion. ple are unaware that they’re being ex- I have been pushing for over the past 3 Making matters worse, an additional posed to it. years. $10 billion in contingent funds does not Ralph Busch, a constituent of mine, Fourth, it falls short on research, become available for 24 years. The Sen- exposed himself and his wife to asbes- tracking, and treatment for asbestos ate should not adopt a policy of adjust- tos when he renovated his home. He diseases. ing award values just to meet an arbi- never knew about the dangers until he Fifth, it makes family members jump trary and artificial limit reached in a happened to read a story in the Seattle through too many restrictive hurdles. back room with only one side present. Post-Intelligencer. Today, his dream And sixth, it allows insurance compa- Not only was this figure arrived at in house is abandoned, his credit is ru- nies to place liens on the awards family an unfair way, but it is clear it is not ined, and his health is a constant members receive, unfairly reducing the enough to meet the needs of current worry. Ralph Busch didn’t do anything award they deserve, and treating them and future asbestos victims. wrong. He couldn’t have known about much differently than other Federal The Congressional Budget Office has the danger of Zonolite insulation. compensation programs. estimated the cost of this bill at $134 Let me take a few minutes to discuss There is no way that Ralph Busch billion. This bill provides only $109 bil- each of those in detail. First of all, as could have known that by buying and I said, the awards are too small. Many lion. So there is a significant shortfall renovating an old house he would even- people who had their lives torn apart already. But there is very good reason tually expose his family to dangerous by asbestos will actually do worse to believe this shortfall will be even levels of asbestos. under this bill than they would in larger. Recent claims in the Manville We must make sure others do know court. For example, awards for lung trust show much higher than expected about this public health risk by pro- cancer victims who have more than 15 claims for many asbestos diseases. viding additional resources to educate years of exposure to asbestos are lim- Those claims also show that recent the American public about the dangers ited to $25,000 to $75,000, even though mortality and morbidity data increase of worksite and home exposures to most of those victims will die within a the likelihood that the number of as- products that contain asbestos. year. bestos-related diseases and related We must also provide safety informa- Victims with asbestosis who have claims will exceed current estimates. tion to homeowners on what they can lost 20 percent to 40 percent of their If this fund becomes insolvent it will do to prevent asbestos exposures at breathing capacity, many of whom will leave victims without the help they de- home, particularly in the attic and be disabled for life, will receive only serve and without the help they need. basement. $85,000. That is far less than their lost Because of that possibility, last year In addition to homeowners, many wages and medical costs. This bill gives Senators inserted a number of protec- workers are exposed to asbestos on the them less than they deserve. At the tions during the Judiciary Committee job. Often they are not aware of the same time, it blocks the courthouse markup. Tragically, very tragically, danger, and they don’t have the protec- door to victims who have staggering the bill before us today throws away tive equipment they need. medical bills, lost wages, and other all of those carefully crafted bipartisan I am heartened to hear that EPA, damages. I do not see how Congress can protections. ATSDR and NIOSH are now leave asbestos victims worse off than For example, we had protections for proactively reaching out to consumers they are today, but that is what this victims in case the trust fund became and workers to warn them to stay bill will do. insolvent. Those protections in the away from vermiculite attic insula- Second, the trust fund is too small to Biden amendment were stripped from tion. But, I am very concerned that the compensate all the victims, but that is this bill. EPA, prodded by a request from the just one of the problems with this trust We had protections that guaranteed law firm of the former acting agency fund. I believe a successful trust fund that asbestos victims would preserve administrator, is considering revising will provide fair and adequate com- their legal rights until the trust fund is its ‘‘Guidance for Preventing Asbestos pensation to all victims and would operational. That is important because Disease Among Auto Mechanics’’ to bring reasonable financial certainty to if this bill becomes law, it will end up convey the false impression that brake defendant companies and insurers. To in court and there will be no mecha- repair work is no longer a risk. do that, the trust fund must include nism for victims and their families to Clearly, any effort by the EPA to four things: Fair award values, appro- get help while this law is tied up in downplay these risks flies in the face of priate medical criteria, adequate fund- court. We solved that problem with the current congressional intent regarding ing, and fast processing. Feinstein amendment, but again those the inherent health problems with ex- The system for processing claims protections were stripped from this posure to asbestos in the workplace. I must allow victims to get prompt pay- bill. sincerely hope that EPA will not bow ments, without the complications, So overall this trust fund is inad- to the pressure of the industry and in time, and expense of a traditional law- equate. If we are going to lock the fact strengthen its guidance for brake suit. Unfortunately, the trust fund in courthouse doors to victims, we have mechanics. this bill falls far short of what is need- to be 100 percent certain the trust fund My fourth concern is that this bill ed. I have already discussed how the will have enough money to cover all of does not do enough for research, track- award values are unfair. the 600,000 current claims and the thou- ing and treatment. In addition, the trust fund is not ade- sands more that may be found later. I want to thank Senator HATCH for quately funded. In fact, the trust fund This is especially important because including some modest resources in his in this bill has been slashed dramati- asbestos diseases have a very long la- latest version of the bill—which should cally from the original Hatch legisla- tency period, often decades long, mak- be used to establish mesothelioma re- tion. In the Judiciary Committee’s bill ing it hard for us to predict today who search and treatment centers around the trust fund was $153 billion. But in will need help in the future. If we pass the country. Yesterday I was pleased to this bill we are being asked to vote on this inadequate trust fund, my con- hear Senator HATCH say that he would the trust fund has been slashed by over stituents and hundreds of thousands of be willing to explore additional funding $40 billion. Americans will be left out in the cold for asbestos research and treatment

VerDate mar 24 2004 02:07 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.047 S21PT1 April 21, 2004 CONGRESSIONAL RECORD — SENATE S4191 centers. These centers will be critical hoops to determine their eligibility of No matter what happens this week, I as the medical community works to dean award? am not going to stop now. velop new treatments and protocols for My fifth concern is the unfair way I yield the floor. the variety of deadly cancers and dis- this bill treats family members—mak- The PRESIDING OFFICER. The Sen- eases that exposure to asbestos brings ing them jump through hurdles that re- ator from Ohio. to workers and their families. duce the chance they will ever get the Mr. VOINOVICH. Mr. President, I Unfortunately, not included in S. 2290 help they need. preface my remarks by saying my are the resources needed to track the Finally, this bill allows insurance thoughts are with the victims of asbes- victims of mesothelioma and other as- companies to reduce any awards that tos exposure, those families that have bestos causing cancers, and to conduct victims actually receive—something lost loved ones, and those that have to additional research about the harmful that is not found in similar federal live with the debilitating illness caused effects of this deadly material. plans. by asbestos. They are at the forefront These are areas that doctors and This bill allows insurance companies of my mind and in my heart as I dis- other experts have told me time and to place liens on the awards that vic- cuss this issue of asbestos liability. again we must invest in. I heard from tims and family members receive. I want to be sure the legislation we some of those doctors last month at a I find it unconscionable that health pass today will ensure that those truly press conference I held, which Senator insurance companies and other entities sick individuals are allowed fair and REID and Senator DAYTON attended. At can recoup their costs by placing liens just compensation. Without the pas- the press conference, Dr. Bret Williams on the awards family members receive sage of this legislation, they will not of North Carolina said, ‘‘As a doctor, a in compensation for their loss of a fa- be compensated. As hundreds of compa- cancer patient, a husband and father, I ther, a husband, a son or a daughter. nies will cascade into bankruptcy, we am asking my government to take a These workers were often the only will lose thousands of good-paying jobs stand. Fix the problem. Give us hope. breadwinners in their households, but and see the pensions of thousands of re- Fund a mesothelioma research pro- this bill tells their surviving family tirees evaporate. gram. Please invest in a cure.’’ members that they can be sued by Most people would agree that the A surgeon from Detroit, Dr. Harvey their health insurance provider for a issue of asbestos litigation and its Pass, told us that progress on asbestos substantial part of an award—an award aftermath is presenting a crisis in our diseases requires funding, and he said that as I’ve shown may already be in- country. With roughly 70 companies al- that funding, ‘‘remains absolutely inadequate. ready in bankruptcy and a slew of sufficient to set up the type of collabo- What is especially disturbing is other bankruptcies soon to follow, the U.S. rative approaches that already exist federal compensation programs do not Supreme Court had it right when they with lung cancer, breast cancer, pros- allow this type of action, but for some called this an elephantine mess. tate cancer, and colon cancer.’’ reason, asbestos victims are being People need to understand this mess The fourth problem with this bill is given fewer protections. For example, has far-reaching effects and ripples and its inadequate support for research, the awards provided to victims in fed- they are being felt way beyond cor- tracking and treatment of asbestos dis- eral compensation programs like the porate boardrooms. They are being felt eases. Radiation Exposure Compensation Act, intensely by middle America, people My fifth concern with this bill is the the Energy Employees Occupational from States such as Ohio, in the form way it treats family members. Under Illness Compensation Program Act and of job loss. We have lost over 2.7 mil- this bill, family members of victims the Ricky Ray Hemophiliac Relief lion manufacturing jobs in the United will be forced to jump through an addi- Fund Act are not subject to liens by States. In my State alone, in July, tional series of hoops, reducing the workers compensation insurers. I don’t there were 1 million manufacturing likelihood they will ever receive an know why the authors want to treat jobs in 2000, but by October 2003 that award. asbestos victims differently, but I do fell to 840,000, 17.6 percent of our Let us remember that these family know that it is not fair, and it’s one of State’s manufacturing employment, a members have lost loved ones. In many the reasons why I can’t support this loss of more than 1 out of every 6 Ohio cases they are vulnerable themselves bill. factory jobs. These numbers represent because they came into contact with In the end, this bill falls far short of a crisis for Ohio’s economy. Already, asbestos fibers through a family mem- what victims deserve. The awards are roughly 70 companies have been forced ber. Take the case of Susan Lawes. Her too small. The trust fund is inad- into bankruptcy with between 52,000 father was a pipe fitter and was ex- equate. It fails to educate Americans and 60,000 jobs lost as a result. posed to asbestos on the job. When he about the dangers of asbestos. It falls Shattered families and communities. came home from work, asbestos fibers short on research, tracking and treat- The statistics are only the beginning were still on his clothes. He would ment for asbestos diseases. It puts un- as thousands of jobs were subsequently walk through the door after the end of fair burdens on family members, and it lost in industries dependent on those a long day and give his daughter a hug. allows insurance companies to reduce a bankrupt firms. In fact, a recent study Last month, Susan was diagnosed with victim’s award. by Financial Institutions for Asbestos an asbestos disease. As she told me,’’ I I have been fighting on this for years, Reform and conducted by Navigant am literally dying because I hugged my and it makes no sense that we could Consulting details the hidden cost of dad.’’ squander this moment with a bill that this crisis and shows how passage of Susan and many people like her are is so inadequate. George and Gayla and Federal asbestos legislation would pro- not treated fairly under this bill. The Ralph and Marv and Bret and Brian de- vide a tremendous boost to the econ- children and the spouses of workers serve so much better, and I will con- omy and create jobs. Dr. William Kerr, should not have to prove five years of tinue to fight for them. author of the study, said the failure to exposure to asbestos from their hus- Regardless of what happens with this enact legislation would reduce eco- bands and fathers as they would under bill, the one thing we must do is ban nomic growth by $2.4 billion per year. this bill. They also should not be forced asbestos, and I assure my colleagues Failure to enact legislation could re- to appear before a special Physicians that I will keep fighting for that. I do duce economic growth by $2.4 billion Review Board in order to determine want to pass a law. We need a real solu- per year, costing more than 30,000 jobs their medical condition and whether tion. I don’t want companies going annually. Extended over a 27-year they are eligible for a compensatory bankrupt. I don’t want victims going frame, as contemplated, this means the award. without the help they need. I still loss of more than 800,000 jobs and $64 It is the same for people in Spokane, think we can do it, and I will continue billion in economic growth. WA. Spokane is one of the 22 sites that to fight for a balanced and fair bill that Another study, entitled The Sec- EPA has determined is still contami- will do right by victims across the ondary Impacts of Asbestos Liabilities, nated. Why are we forcing these inno- country. We have an obligation to conducted by NERA Economic Con- cent victims of take-home asbestos ex- them and their families. I have been sulting for the U.S. Chamber of Com- posure to jump through extraordinary fighting for them for the last 3 years. merce, shows how asbestos lawsuits

VerDate mar 24 2004 03:15 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A21AP6.013 S21PT1 S4192 CONGRESSIONAL RECORD — SENATE April 21, 2004 can cause secondary harm to busi- panies go bankrupt. Many of us forget their pensions in 401(k) plans decrease nesses, governments, communities, and that these companies make a signifi- dramatically. Again, we have to do individuals. The study found the ripple cant contribution to the tax revenues something now, not later. Passage of effects of plant closures and mass lay- of the cities in which they are located, this legislation will get us well on our offs, such as causing local real estate including their philanthropic contribu- way. And we have never come closer to values to fall, per capita income to de- tions, such as United Way, arts, edu- resolving the asbestos litigation crisis cline, and tax coffers to dwindle. The cation, health care, and many other than this legislation. study estimates the total cost to tax- forms of community involvement. As I This bill provides for a privately payers of unemployment insurance have said before, companies such as funded, no-fault, national asbestos vic- benefits to displaced workers for asbes- this one make up the backbone of the tims compensation fund that will re- tos-related bankruptcies at $80 million. Ohio economy. They do not want to place the broken tort system and en- The study put the indirect cost of the shirk their responsibility to those vic- sure that individuals who are truly company closing due to asbestos liabil- tims who will become sick truly be- sick receive compensation quickly, ity at as much as $2.1 billion. If noth- cause of asbestos exposure; they want fairly, and efficiently. It retains the bi- ing is done to resolve what has been de- to know that they are not compen- partisan agreement on medical criteria scribed as the elephantine mess of as- sating those individuals who are that was approved unanimously by the bestos litigation, scores, if not hun- unimpaired. Judiciary Committee. These criteria dreds, of additional businesses will be Ohio feels the crisis most acutely. It form the basis of a no-fault victims’ forced into bankruptcies and tens of has so impacted my State of Ohio that compensation fund that will stop the thousands of additional workers will the State legislature has decided to act flow of resources to the unimpaired and find themselves unemployed. Retiree where the Federal legislature has ensure that the truly ill will be paid and workers who spent decades work- failed to do so. On December 11, 2003, quickly and fairly. ing for retirement will see their life the Ohio House of Representatives ap- The bill contains many improve- savings vanish. proved a bill to make Ohio the first in ments made to its predecessor and re- This crisis can really be felt in my the Nation to block suits by people ex- flects the product of the last several home State of Ohio. In fact, Ohio is the posed to potentially deadly asbestos months of extensive negotiations by fifth biggest State in the country in but who have yet to fall ill. The bill the stakeholders in this debate—all of terms of asbestos claims hanging would adopt State medical standards the stakeholders. around our court. In Cuyahoga County, for such litigation, allowing lawsuits I urge my colleagues to vote for clo- more than 41,000 asbestos cases have to be filed by those who have yet to de- ture on this very important piece of swamped the court system. At least 20 velop cancer or suffer measurable loss legislation. On a broader scale, the litigation cri- large Ohio companies, representing of lung function to be placed on hold sis in this country is like a tornado rip- more than 80,000 employees, are the until they do actually develop the ping its way through our economy. The targets of asbestos litigation. Of symptoms. I applaud the State of Ohio for recog- American Tort Reform Association course, over the past few years the cir- published a study in 2002 on the impact cle of liability has expanded to pull in nizing the true magnitude of the threat to Ohio citizens and for not waiting for of litigation in Ohio and found that it more and more solvent companies, costs every Ohioan $636 per year—that many of which never manufactured or Washington to act. With the passage of this bill, Ohioans who are sick from as- is every Ohioan, all 11.5 million. That installed asbestos. is $636 a head. A large part of it is due There are numerous examples of Ohio bestos exposure will go to the top of to the issue that we have before us companies negatively impacted by this the court dockets where they belong. today, asbestos. We need to move im- Finite resources will be available for crisis. Take the case of Federal Mogul, mediately on this issue. a company that employs over 1,200 in those who need compensation most. In my opinion, passing responsible six cities through my State. Employees The people who are now sick will be asbestos reform legislation to ensure held 16 percent of the company stock. able to file claims. that the truly injured receive fair and Now, if we could only get something That stock lost 99 percent of its value. just compensation, and to prevent done here. I have been working on this Current employees and also retirees more companies from sliding into issue since I was elected to the Senate, feel the effects of the bankruptcies. bankruptcy, will do far more for Ohio’s and I have been a cosponsor to several Many retirees depend on company economy than many other stimulus pieces of legislation, including the As- stock and dividends for income, and as proposals we have been talking about bestos Tax Fairness Act and both this value heads south, retirees feel it on the floor of the Senate or in our re- versions of the Fairness in Asbestos In- immediately. spective committees. Another company which does a lot jury Resolution Act. I have testified The consequences of inaction are for the Toledo area is Owens Corning. twice before the Judiciary Committee grave. As previously mentioned, a large As Governor, I worked hard to get on the need for this legislation. I have swath of corporate America is at risk, Owens Corning to put the new cor- lobbied my colleagues in the adminis- jeopardizing the jobs of thousands of porate headquarters in downtown To- tration on the need to see this bill employees, impoverishing retirees, and ledo to help facilitate the city of To- passed. shattering families and communities. If we want to get something done, we ledo renaissance. Owens Corning, un- America’s clear national interest lies need to do it now. Now is the time. We fortunately, went bankrupt in 2000. In in making sure asbestos funds are passed the FAIR Act out of the Judici- the 2 years preceding this bankruptcy, available for those who become sick ary Committee last summer and have the stock lost 97 percent of its value. and lifting an ominous cloud of litiga- spent the time between then and now Fourteen percent of the stock was tion from our troubled economy. owned by company employees. negotiating to try to find a solution Mr. President, I suggest the absence Another Ohio company spoke with that everyone can support. That is al- of a quorum. me off the record about its growing as- most a year that we have been negoti- The PRESIDING OFFICER (Mr. bestos liability. When this company ating back and forth trying to figure HAGEL). The clerk will call the roll. announced it had limited asbestos li- out something we think will be fair to The legislative clerk proceeded to ability, the stock dropped by about 20 everyone. The time has come for ac- call the roll. percent and its debt rating was low- tion. We cannot afford any more Mr. INHOFE. Mr. President, I ask ered. This began a chain-reaction rip- delays. The ever rising tide of cor- unanimous consent that the order for ple effect that included the loss of over porate bankruptcies affect victims’ the quorum call be rescinded. 100 jobs, the sale of assets, a 50-percent compensation so that the truly sick as- The PRESIDING OFFICER. Without cut in capital investments, and a huge bestos victims in too many cases and objection, it is so ordered. cut in the amount of contributions to more and more frequently only receive FALSE ADVERTISEMENT BY SPECIAL INTEREST the surrounding community. pennies on the dollar. In addition, em- GROUPS As a former mayor, I know firsthand ployees of bankrupt companies suffer Mr. INHOFE. Mr. President, I have to the impact of what happens when com- as they watch their jobs disappear and admit that I do not read the New York

VerDate mar 24 2004 02:07 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.049 S21PT1 April 21, 2004 CONGRESSIONAL RECORD — SENATE S4193 Times cover to cover each day. But committee on Clean Air in a hearing on piles a Wise Giving Alliance report au- from time to time, items in that paper April 1, 2004. In questioning, the Ad- thorizing a seal of approval to charities do catch my attention. For instance, ministrator ably drew the line between that meet the organization’s standards. when a group runs a full-page adver- fact and fiction regarding the Presi- One of the standards the council has tisement, one cannot help but at least dent’s proposals regulating mercury established to measure charities deals glance at the ad. from powerplants. I want to read to with solicitations by those charities. A couple weeks ago, one such adver- you one of his quotes. The Adminis- Part C of those standards states the tisement caught my attention. It was a trator explained: following: full-page advertisement placed in the One fiction is that the EPA does not view 1. Solicitations and informational mate- New York Times by two special inter- mercury as a toxin. The fact is mercury is a rials, distributed by any means, shall be ac- est groups: the Natural Resources De- toxin and it needs to be reduced. Another fic- curate, truthful and not misleading, both in fense Council and Moveon.org. These tion is that somehow the agency is seeking whole and in part. two special interest groups are espe- the Administration to roll back standards. 2. Soliciting organizations shall substantiate on request that solicitations and infor- cially vocal and devoted solely to dis- The fact is there has never been a standard, this will be the first time that we will have mational materials, distributed by any paraging the environmental record of regulated mercury from power plants in our means, are accurate, truthful and not mis- the Bush administration. Nation’s history and we want to do it right. leading in whole or in part. I have an enlarged version of that ad- Now, that is what Administrator The NRDC, describing itself as a vertisement that ran in the New York Leavitt said, reemphasizing there has charity, should substantiate this false Times. It is chart 1. As you can see, it been no regulation on mercury. advertisement. The President has pro- states, in large print: ‘‘First Arsenic, Why shouldn’t we propose the right posed the first controls on mercury Now Mercury.’’ It has pictures of Presi- mercury rule based on sound science? emissions from powerplants, the first dent Bush alongside a powerplant bil- There are no existing control standards ever. The Better Business Bureau lowing with smoke. The ad makes such for utility mercury emissions, so how should hold the NRDC accountable for claims as: the President’s policies are can President Bush weaken a control their purposefully misleading state- the source for mercury contamination standard for mercury that does not ments. However, NRDC’s irrespon- in fish and that the President is simply exist? That simply does not make sibility is sanctionable in other man- following the wishes of industry con- sense. ners as well. tributors. The ad makes direct state- The NRDC has been a prominent na- Solicitations by charitable organiza- ments such as: ‘‘So why is President tional special interest group for many tions are regulated in part by Federal Bush trying to weaken controls on years. So why would the NRDC run statutes and case law. However, the so- mercury pollution?’’ such an ad that is completely false? I licitation of charitable contributions is I am chairman of the Environment believe the answer to that question mainly regulated by individual State and Public Works Committee, so this leads me to the second reason this ad law, and violations of solicitation stat- ad was of particular interest to me for was of particular interest to me. utes can be prosecuted under state law. at least a couple reasons. To anyone I had this advertisement enlarged to Solicitation by charitable organiza- reading this advertisement, the reader highlight one particular part of it. tions is strictly regulated against fraud would naturally assume there must be Keep in mind, this was a full-page ad and misleading advertisement under some already existing controls on mer- that cost, as I understand it, around the Oklahoma statutes. Oklahoma cury emissions from powerplants be- $110,000 for 1 day. State law reads in relevant part: cause the ad explicitly claims that This is what was on the bottom, if Any person [or organization] who attempts President Bush is trying to weaken you will notice the perforated block at to solicit any contribution as a charitable those controls. the end of the full-page ad circled in organization by means of knowingly false or How can you weaken controls if there misleading advertisement shall lose its sta- are no controls to start with? So it is red. I especially wanted to highlight tus as a tax exempt organization and upon assuming there are controls existing. this portion of the ad pictured on the conviction be guilty of a felony. This claim is completely false. I be- chart because this block is the reason This criminal liability extends to all lieve this chart demonstrates that. The why this ad ran. This perforated block officers and agents of the charity in- NRDC’s lobbying claim is that the is a contribution form. The contribu- volved in the solicitation. We take this President is weakening controls on tion form states: very seriously in Oklahoma. At least 40 mercury emissions from powerplants. Yes, I want to join the Natural Resources other States have just as strict stat- The facts, however, are very different. Defense Council and help thwart President utes against soliciting contributions by Bush’s plan to weaken controls on toxic mer- On December 15, 2003, this President cury. misleading advertising. proposed the first ever controls on mer- Arguably this ad by NRDC may be cury emissions from utilities. Now, This is the most important part: unlawful in as many as 40 other States keep in mind, there were no controls Here is my tax deductible gift of $ [blank]. that also have charitable solicitation before, none whatsoever. How can you The form further states to ‘‘make statutes. This advertisement by the weaken controls if there are no con- your check payable to the NRDC and NRDC and MoveOn.org explicitly trols there? mail it to the NRDC mercury cam- states the President is weakening mer- The Clinton administration had 8 paign.’’ cury standards while they are trying to years to propose such controls and did I believe it is bad enough to run a swindle contributions from people all not. In nearly 3,000 days as EPA Ad- false advertisement, but to solicit across the country who may see this ministrator, how many mercury regu- charitable contributions based on that advertisement. I don’t know what else lations on powerplants did former EPA false advertisement is especially trou- this ad represents, but specifically Administrator Carol Browner issue? bling. The New York Times is widely NRDC, which describes itself as a char- Zero. Instead, in the last month of the distributed in my home State of Okla- itable organization on its Web site, so- eighth year of the Clinton administra- homa, as it is throughout the rest of liciting contributions by making know- tion, Carol Browner deftly handed a the country. It would be very dis- ingly false statements to cheat people regulatory lemon to the Bush adminis- turbing to learn that based on a false out of contributions—in Oklahoma, tration that she was unwilling to im- ad, people are scared into contributing. that could make you a felon. pose during the Clinton administra- For the past several years, my State The most shocking part of this is not tion. What a courageous move. of Oklahoma has been rated in the top even that NRDC is running a com- I am very proud that President Bush 25 percent of States for charitable con- pletely false ad or NRDC is running a and his EPA Administrator, Mike tributions per gross income. It would completely false ad simply to fleece Leavitt, have shown leadership where greatly trouble me if even one of these people for contributions; the most President Clinton and Carol Browner contributors was misled by any chari- shocking part is the American tax- fumbled and failed. In fact, Adminis- table solicitation. payer subsidizes the NRDC hundreds of trator Leavitt testified before the En- The Council for Better Business Bu- thousands of dollars each year to con- vironment and Public Works Sub- reaus, a national organization, com- duct this type of activity. Public IRS

VerDate mar 24 2004 02:07 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.053 S21PT1 S4194 CONGRESSIONAL RECORD — SENATE April 21, 2004 records for the last several years dem- U.S. SENATE, COMMITTEE ON Thank you again for your attention to this onstrate NRDC regularly receives ENVIRONMENT AND PUBLIC WORKS, matter. thousands of Federal grant dollars each Washington, DC, April 21, 2004. Sincerely, year. In 2002, the NRDC received more Hon. TIM HARRIS, JAMES M. INHOFE, District Attorney, Tulsa County Courthouse, Chairman. than a half million dollars in govern- Tulsa, OK. ment grants. In 2003, the NRDC was ad- DEAR TIM: I am writing to bring to your at- FIRST ARSENIC NOW MERCURY—GEORGE ditionally awarded more than half a tention an advertisement that ran in the BUSH’S EPA AND THE POLITICS OF POLLUTION million dollars again in government New York Times on March 26, 2004. A copy of America learned this week that tuna, and grants. The cycle continues year after this advertisement is attached to this letter. many other fish, can contain harmful levels year after year. I wanted to highlight issues of concern to me of toxic mercury. Forty-five states already in this advertisement. The New York Times post warnings of mercury contamination in The Environment and Public Works is widely distributed in Tulsa, Oklahoma, Committee has oversight jurisdiction their lakes and streams. So why is President throughout Oklahoma, and the rest of the Bush trying to weaken controls on mercury over several Federal agencies. I believe country. This advertisement makes claims pollution? my committee has the obligation to that due to President Bush’s policies con- It’s deja vu all over again. Early in his cerning environmental protection specifi- ensure Federal funds allocated to these presidency, George Bush tried to allow more cally concerned regulations on mercury agencies are used responsibly. arsenic in drinking water. Now, he wants the emissions from public utilities, more toxic One agency in particular under the EPA to let coal-fired power plants treat mercury will be emitted into the air. It pic- their mercury pollution as ‘‘non-hazardous’’ jurisdiction of the committee I chair, tures President Bush next to a picture of a the Committee on the Environment power plant billowing with smoke, and spe- even though mercury threatens pregnant and Public Works, is the Environ- cifically solicits contributions to the Nat- women and children. The Bush administration’s ploy would mental Protection Agency. The com- ural Resources Defense Council, a IRS des- allow coal-fired power plants to put more mittee has the responsibility to assure ignated 501(c)(3) organization, to ‘‘help thwart President Bush’s plan to weaken con- mercury into the air, where it rains down on American taxpayers their money is lakes and oceans, is swallowed by fish, and going toward accomplishing the EPA’s trols on toxic mercury.’’ As you are aware, I am Chairman of the could wind up on your plate. Exposure to mission of protecting human health U.S. Senate Committee on Environment and mercury can cause learning disabilities and and the environment. Public Works, so this advertisement was of neurological damage in kids and the devel- On March 3, my committee held its particular interest to me. One of the issues oping fetus. first hearing into the matter in which before this Congress is regulation emissions Guess who is praising this scheme? Coal EPA allocates grants each year. The from power plants. President Bush has pro- power companies, who are big mercury polluters and big political contributors, too. EPA is a granting agency, allocating posed the first controls on toxic mercury more than half of its $8 billion annual emissions from utilities. Currently there are THE MERCURY MONEY TRAIL no existing controls on mercury emissions The big mercury polluters and their trade budget in grants to State, local, tribal from utilities. The Clinton Administration governments, educational institutions, associations are aggressive political players had eight years to propose such controls and in Washington. Their executives and PACs nonprofit organizations, and a variety did not. I believe NRDC’s claim that Presi- are also generous political donors. It’s no of other recipients. I announced at the dent Bush is trying to weaken control on surprise that the Bush administration is fol- hearing the committee was going to mercury pollution is completely false and lowing the industry’s script for weakening take its oversight responsibilities seri- simply an effort to raise contributions. mercury regulations. ously in regard to grants management, It is irresponsible enough that NRDC runs Last time around, President Bush had to false advertising, however, it is also at- back down on arsenic in the face of a mas- and I intend to take this responsibility tempting to solicit contributions as a seriously until real changes are made sive outcry from people across the political 501(c)(3) and self-described charitable organi- spectrum. in grants management. zation. Let’s make history repeat itself. The committee heard testimony of I understand that there are federal statues Tell President Bush to get serious about problems with grants management. I governing charitable solicitations, but I also reducing mercury pollution. Our kids deserve am confident we will begin to make know that Oklahoma state statutes address no less. Let the Bush administration and the real changes with the leadership of the perceived false solicitation by a charitable EPA hear your voice about its proposed mer- organization under The Oklahoma Solicita- Bush administration and Adminis- cury rule. Go to www.nrdc.org—NRDC, tion of Charitable Contributions Act (18 MoveOn.org, Democracy in Action. trator Leavitt. Okl.St.Ann. § 552.1 et seq). What I find par- However, the NRDC, for example, has ticularly interesting is the penalties section U.S. SENATE, COMMITTEE ON made it a matter of doing business to of the Act stating the following: ENVIRONMENT AND PUBLIC WORKS, apply for Federal grant awards that I ‘‘Any person who solicits or attempts to solicit any contribution as a charitable orga- Washington, DC, April 21, 2004. believe help subsidize it to run ads such Hon. WES LANE, as this one. It costs more than $110,000 nization or for a charitable purpose by means of knowingly false or misleading rep- District Attorney, Oklahoma County Court- a day to run a full-page ad in the New resentation, advertisement or promise or house, Oklahoma City, OK. York Times. The NRDC and any person violating the provisions of this DEAR WEST: I am writing to bring to your MoveOn.org are spending thousands of act, including the filing of false information attention an advertisement that ran in the dollars to purposely misrepresent the hereunder, shall lose its status as a tax-ex- New York Times on March 26, 2004. A copy of Bush environmental record and scare empt organization, and shall be taxed in the this advertisement is attached to this letter. I wanted to highlight issues of concern to me people into contributing based on those same manner and at the same rate as any other corporation, and shall upon conviction in this advertisement. The New York Times false representations. is widely distributed in Oklahoma City, I am announcing that I am sending be guilty of a felony punishable by a fine not to exceed One Thousand Dollars ($1,000.00) or throughout Oklahoma, and the rest of the letters today to the two largest judi- by imprisonment in the State Penitentiary country. This advertisement makes claims cial jurisdictions in Oklahoma and re- for not more than two (2) years, or by both that due to President Bush’s policies con- questing those district attorneys to in- such fine and imprisonment, and every offi- cerning environmental protection specifi- vestigate the legality of this advertise- cer or agent of a charitable organization who cally concerning regulations on mercury ment in Oklahoma. I am also sending a authorizes or conducts illegal solicitations emissions from public utilities, more toxic mercury will be emitted into the air. It pic- letter to the Better Business Bureau shall be jointly and severally liable for such fine.’’ (18 Okl.St.Ann. § 552.18). tures President Bush next to a picture of a requesting that organization to more I know that your office is continually en- power plant billowing with smoke, and spe- carefully consider this false advertise- gaged in prosecuting hundreds of felony cifically solicits contributions to the Nat- ment in their rating of the NRDC in cases each year with tremendous success. As ural Resources Defense Council, a IRS des- awarding their Wise Giving Alliance a resident of your jurisdiction, I appreciate ignated 501(c)(3) organization, to ‘‘help seal and ask that it formally request the work of your office. Any attention that thwart President Bush’s plan to weaken con- NRDC to substantiate its baseless your office could provide to this matter trols on toxic mercury.’’ claim. would be greatly appreciated. I intend to As you are aware, I am Chairman of the U.S. Senate Committee on Environment and I ask unanimous consent that all highlight the irresponsible activities, like the enclosed advertisement, by groups like Public Works, so this advertisement was of three letters be printed in the RECORD. NRDC that the federal government sub- particular interest to me. One of the being There being no objection, the mate- sidizes with hundreds of thousands of tax- considered before this Congress is regulation rial was ordered to be printed in the payer dollars in grants and other financial on emissions from power plants. President RECORD, as follows: assistance each year. Bush has proposed the first controls on toxic

VerDate mar 24 2004 03:15 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.055 S21PT1 April 21, 2004 CONGRESSIONAL RECORD — SENATE S4195 mercury emissions from utilities. Currently vertisement was of particular interest to me. Mr. HARKIN. Mr. President, might I there are no existing controls on mercury One of the issues considered before the Con- inquire as to how much time I would emissions from public utilities. The Clinton gress is multi-emissions legislation. On De- have to speak on the floor now? Administration had eight years to propose cember 15, 2003, the Environmental Protec- The PRESIDING OFFICER. Under such controls and did not. I believe NRDC’s tion Agency proposed the first controls on the previous order, the Senator from claim that President Bush is trying to weak- toxic mercury emissions from power plants. en control on mercury pollution is com- Currently there are no existing controls on Iowa has been allotted 15 minutes to pletely false and simply an effort to raise mercury emissions from public utilities. I speak in morning business. contributions. believe NRDC’s claim that President Bush is REFOCUSING OUR HEALTH CARE SYSTEM It is irresponsible enough that NRDC runs trying to weaken controls on mercury pollu- Mr. HARKIN. Mr. President, last false advertising, however, it is also at- tion is completely false and simply an effort week the Labor, Health, and Human tempting to solicit contributions as a to raise contributions. Services Subcommittee of Appropria- 501(c)(3) organization and self-described char- It is irresponsible enough that NRDC runs tions held a hearing in my State of itable organization. false advertising, however, it is also at- Iowa. I wanted to learn more about the I understand that there are federal stat- tempting to solicit contributions as a utes governing charitable solicitations, but I 501(c)(3) organization and self-described char- medical and financial ramifications of also know that Oklahoma state statues ad- itable organization. chronic conditions such as obesity, to- dress perceived false solicitation by a chari- I understand that the council for Better bacco use, mental illness, and lack of table organization under The Oklahoma So- Business Bureaus rates charities by its Wise physical activity. I come away from licitation of Charitable Contributions Act (18 Giving Alliance standards requiring that so- that hearing and other hearings that Okl.St.Ann. § 552.1 et seq). What I find par- licitations be ‘‘accurate, truthful, and not we have had in Washington, and others ticularly interesting is the penalties section misleading in whole and in part’’ and that we have had going back probably over of the Act stating the following: charities be required to substantiate all Any person who solicits or attempts to so- claims. I request that the Council require a dozen years, even more convinced licit any contribution as a charitable organi- the NRDC to substantiate its claims and that we need to refocus our health care zation or for a charitable purpose by means consider this false advertisement in future system toward wellness and preven- of knowingly false or misleading representa- ratings of this charity. tion. I am convinced now more than tion, advertisement or promise or any person Thank you for your attention to this mat- ever that we really do not have a violating the provisions of this act, including ter. health care system in America. We the filing of false information hereunder, Sincerely, shall lose its status as a tax-exempt organi- have a ‘‘sick care system’’ in America. JAMES M. INHOFE, I will say more about that in a mo- zation, and shall be taxed in the same man- Chairman. ner and at the same rate as any other cor- ment. poration, and shall upon conviction be guilty Mr. INHOFE. A couple years ago, I At the hearing and at others before of a felony punishable by a fine not to exceed read a series of articles in the Sac- that, we heard the familiar litany of One Thousand Dollars ($1,000.00) or by im- ramento Bee highlighting the facade of grim statistics associated with these prisonment in the State Penitentiary for not many environmental groups. The arti- chronic conditions. But we also heard more than two (2) years, or by both such fine cle made the point that today’s envi- from Iowans, students and adults, who and imprisonment, and every officer or agent ronmental groups, like NRDC, are are taking matters into their own of a charitable organization who authorizes more about their own prosperity than hands, doing innovative things to pro- or conducts illegal solicitations shall be environmental protection. I still have jointly and severally liable for such fine.’’ (18 mote wellness and healthier living in Okl.St.Ann. § 552.18). those articles in my office. I thought their communities. I know that your office is continually en- one particular quote was especially fit- In the United States we spend in ex- gaged in prosecuting hundreds of felony ting. cess of $1.5 trillion a year on health cases each year with tremendous success. The author wrote of environmental care. Fully 75 percent of that total is Any attention that your office could provide groups: accounted for by chronic diseases, such to this matter would be greatly appreciated. Competition for money and members is as heart disease, cancer, diabetes. What I intend to highlight the irresponsible activi- keen. Litigation is blood sport. Crises, real ties, like the enclosed advertisement, by these diseases have in common is, in so or not, is a commodity, and slogans and groups like NRDC that the federal govern- many cases, they are preventable. In sound bites masquerade as scientific fact. ment subsidizes with hundreds of thousands the United States we fail to make an of taxpayer dollars by way of grants and That quote was written in 2001. It is up-front investment in prevention, so other financial assistance each year. still more true today in 2004. But it is we end up spending hundreds of billions Thank you again for your attention to this not something new. That quote cap- on hospitalization, treatment, and dis- matter. tures the way NRDC and its cohorts ability. Sincerely, have been doing business for years. This is foolish, and clearly is JAMES M. INHOFE, They should be responsible. They Chairman. unsustainable. We need a new paradigm should be truthful. This type of activ- in American health care. We need a U.S. SENATE, COMMITTEE ON ity goes beyond what the NRDC does prevention paradigm. As I said, right ENVIRONMENT AND PUBLIC WORKS, with Federal tax dollars, but I intend now we have a sick care system in the Washington, DC, April 21, 2004. to explore what NRDC and groups like United States. If you get sick, one way Mr. KEN HUNTER, it are also publishing and the extent of or another you get care, either through Council of Better Business Bureaus, Wilson the rampant false claims made by health insurance or through Medicaid, Blvd., Arlington, VA. these groups the American taxpayers DEAR MR. HUNTER: I am writing to bring to Medicare, or something like that. Of your attention an advertisement that ran in help to fund each year. course we know we have 43 million un- the New York Times on March 26, 2004. A We are not going to allow this to con- insured who do not have access, even, copy of this advertisement is attached to tinue. They are getting into the types many times, to our sick care system. this letter. I wanted to highlight issues of of discretionary grants we are dealing But what we need is a genuine health concern to me in this advertisement. The with through the EPA and other agen- care system, a system focused on New York Times is widely distributed cies. It is shameful that it is going on. wellness and prevention, a system fo- throughout the country. This advertisement We are now in a position, with the cused on keeping you healthy in the makes claims that due to President Bush’s policies concerning environmental protec- committee I chair, to do something first place. tion specifically concerning regulations on about it. We intend to do that. Consider the cost of major chronic mercury emissions from public utilities, I suggest the absence of a quorum. diseases, diseases that in many cases more toxic mercury will be emitted into the The PRESIDING OFFICER. The are preventable. The annual costs for air. It pictures President Bush next to a pic- clerk will call the roll. cardiovascular disease are about $352 ture of a power plant billowing with smoke, The bill clerk proceeded to call the billion; for obesity, $117 billion a year; and specifically solicits contributions to the roll. for diabetes, $132 billion a year; for Natural Resources Defense Council, a IRS Mr. HARKIN. Mr. President, I ask smoking, more than $75 billion a year; designated 501(c)(3) organization, to ‘‘help unanimous consent the order for the and for untreated mental illness, $79 thwart President Bush’s plan to weaken controls on toxic mercury.’’ quorum call be rescinded. billion a year. Indeed, major depression As Chairman of the U.S. Senate Committee The PRESIDING OFFICER. Without is the leading cause of disability in the on Environment and Public Works, this ad- objection, it is so ordered. United States.

VerDate mar 24 2004 02:07 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A21AP6.009 S21PT1 S4196 CONGRESSIONAL RECORD — SENATE April 21, 2004 If I bought a new car and I drove that I thought this illustration from the as this chart of 2002 appears, it actu- car off the lot and I never maintained Economist showed the progress of hu- ally understates the extent of the obe- it, I never checked the oil, I never mankind as we became more and more sity epidemic. If you use reported data changed the oil, I never checked the like modern man—and then here we rather than self-reported, obesity rates transmission fluid, never got it tuned are, descending into obesity and over- are much higher. In fact, using this sci- up, I just drove it, you would think I weight. That was the cover of the entific approach, we learned that al- was crazy, not to mention grossly irre- Economist last December entitled most two out of every three Americans sponsible. The commonsense principle ‘‘The Shape of Things to Come.’’ Of are either overweight or obese. Think with an automobile is: Pay a little course, here he is, drinking his about that. Right now, only one in now, keep it maintained, or you are supersized soft drink, walking down three Americans is within their weight going to pay a whole lot later for a new the road to chronic illness and disease. range for their height. engine. In 1990, 1997, and 2002, the Centers for Obesity takes a terrible toll on a per- It is the same with our national Disease Control and Prevention did a son’s health. It can lead to diabetes, health priorities. Right now our sys- State-by-State obesity prevalence heart disease, high blood pressure, can- tem is in a downward spiral. We are not study. I am going to show three charts cer, and numerous other chronic dis- paying a little now so we are paying a which are startling in how they depict eases. Incredibly, obesity causes more whole lot later. If we are serious about what is happening just in the last 14 chronic conditions than either smoking bringing down health care costs, we years in the United States. The first or alcoholism. must get people access to preventive chart I will put up is obesity in the This is what this chart shows. This is care. We must give people the tools United States among adults in 1990. In again from the Centers for Disease they need to stay healthy. We must 1990, the dark shaded areas here are Control. We have a higher incidence of build incentives throughout the entire obesity rates between 10 percent and 14 the number of chronic conditions asso- society, incentives for prevention and percent. The light blue areas are States ciated with health behavior. The No. 1 wellness. This will take a sustained where we have less than 10 percent in- incidence of chronic condition is aging. commitment from government, cidence of obesity. For the white The older you get, the more liable you schools, communities, employers, States we just didn’t have data. But as are to get a chronic condition. Aging health officials, and of course the food you can see, in 1990 no State had a from 30 to 50 has the highest incidence industries. But this can have a huge prevalence of obesity over 15 percent— of a chronic disease. Second only to payoff for individuals and families, for not one. All of the States were less that is obesity, and it is almost the employers, for society, and for the than 15 percent or less than 10 percent. same. Being obese is like aging from 30 economy at large. That was in 1990. to 50. If you are 30 years old and you One condition in particular is fast be- Now let’s take a look at 1997. By 1997, are obese, you might as well be 50 years coming our Nation’s leading public here we have some orange States com- old in terms of susceptibility to a health threat: being overweight and ing up now which we didn’t see in 1990. obesity. Several weeks ago a new study chronic disease. The orange States mean that the prev- Here is smoking. It is down here came out that confirms what many of quite a ways. Just being overweight is us already know. Obesity, unhealthy alence of obesity is over 15 percent. diets, and lack of physical activity Now we have these States with a preva- down here. Drinking, past smoker, and have made us a nation at risk. The lence of obesity over 15 percent. Re- obesity. In fact, right now obesity is, Centers for Disease Control and Pre- member all those blue States that were as I said, the second largest killer of vention did a study that determined less than 15 percent? It is now 15 to 20 people in this country. that poor diet and lack of physical ac- percent. So all of the dark areas are Thus far, Congress has not been will- tivity are now the second leading cause now over 15 percent. And only a few ing to adequately take on the chal- of death in the United States, contrib- States here are from 10 percent to 15 lenge of obesity and the challenge of uting to at least 400,000 deaths annu- percent, but no State has an incidence encouraging healthy choices and life- ally. of less than 10 percent now. That is just styles. It is time for the Senate to lead I think this chart shows the startling in less than 7 years. That is 1997. Keep in a new direction by encouraging statistics very clearly. This is from the in mind now we have these three wellness and prevention. Centers for Disease Control and Pre- States, and the majority of the States To that end, I am currently working vention. The actual cause of death in now are between 15 and 20 percent. with others on several initiatives to the United States in 1990 from tobacco Let’s take a look at what happened create a healthier workplace and a was 400,000. By the year 2000 the cause in 2002. Here is the real shocker. Look healthier environment for our Senate of death by tobacco was 435,000. But at all the orange States. These are the family. In March, I sent a letter to the look at this. Poor diet and physical in- States now where the incidence of obe- Senate Rules Committee to request activity, in 1990: 300,000 deaths; by 2000, sity is 20 percent to 24 percent. Now we that signs be placed next to elevator 400,000 deaths. So while the cause of have three red States where the inci- buttons and at the entrances to stair- death from tobacco use had gone up dence is over 25 percent. We have a few wells and at the base of escalators en- less than 10 percent in 10 years, the States here below 20 percent. Now we couraging people to use the stairs. Just cause of death from poor diet, obesity, have no States less than 15 percent. the other day, I heard someone on the and physical inactivity went up 33 per- If I could have the first chart of 1990, elevator say they wanted to use the cent in one decade. It is now the second I want to show the comparison. Here stairs, but they didn’t because they leading cause of death in the United we have in 1990 no States with an inci- couldn’t find them. States. dence of obesity of over 15 percent. By The other day I happened to visit One of the authors of this study was 2002, according to the Centers for Dis- Secretary Thompson down at HHS. the Director of the Centers for Disease ease Control and Prevention, three They have signs right there by the ele- Control and Prevention, Dr. Julie States are over 25 percent, the vast ma- vators and the doors encouraging peo- Gerberding. The media and the Amer- jority of States are over 20 percent, and ple to take a flight of stairs rather ican public increasingly recognize this the rest of the country over 15 percent. than riding the elevator. growing crisis. Seemingly every day I In 1990, we didn’t have one State that I have also been in discussions with open the paper and read about the pub- fit the pattern we see in the United the Senate cafeteria on the matter of lic health impacts of chronic disease. A States now. That is what has happened food labeling. To their credit, they al- recent cover of the Economist maga- in 14 years. Now we see even some ready have food labeling available on zine hit the nail on the head. If we States exceeding 25 percent. We see the their Web site. But I would like to see don’t act now and act aggressively, the trend. the Senate cafeteria go the next step progress we have made in promoting Actually, the story is even worse by including nutrition information on health and fighting disease, all of the than this. The data on these charts is menus or handouts that customers can public health gains we have made in based on self-reported weight, which pick up when they enter one of the the last couple of hundred years, will tends to be significantly understated, Senate restaurants. If Ruby Tuesday’s be totally wiped away. as you might imagine. As catastrophic can do it and put all of the information

VerDate mar 24 2004 02:07 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.057 S21PT1 April 21, 2004 CONGRESSIONAL RECORD — SENATE S4197 on their menus, why can’t we in the What about our special responsibility We have a responsibility; parents Senate cafeterias? to the children? The food industry have a responsibility; schools have a I have also developed what I called spends more than $12 billion a year responsibility. But it is Congress that the ‘‘Harkin Health Challenge’’ to pro- bombarding our kids with advertise- funds the school lunch and school mote wellness for my staff here and ments through television, movies, mag- breakfast programs and the nutrition back in Iowa. This is a comprehensive azines, and the Internet. I don’t have to programs. This year we will reauthor- workplace wellness program that ad- tell you that they are not advertising ize the nutrition program, school dresses stress management, nutrition, broccoli and apples and orange juice. lunches and school breakfasts. We will physical, wellness screenings, and, of The majority of these ads are for candy reauthorize that this year. course, smoking cessation. and fast food—foods that are higher in What will we do as Senators and Con- Some believe there should be no role sugar, salt, fat, and calories. gressmen to help promote healthier for the government in curbing obesity. Today, specialty marketing firms eating and healthier lifestyle choices Some believe this is a matter of per- have made a science out of influencing among our kids in school? Do we have sonal responsibility. I don’t agree. We children to buy a particular candy or a responsibility? You bet we do. I hope can take steps to encourage and facili- to go to a particular fast-food res- we will step up to that responsibility tate healthy lifestyles. We can make taurant. Yes, parents have a responsi- when the nutrition reauthorization bill sure ordinary Americans have the tools bility to shield their kids from harmful comes through the committee to the and information they need to make in- influences of all kinds. But what about Senate. formed healthy choices and be more re- corporate responsibility? What about In the coming months, I will be an- sponsible for their own health. corporate ethics? What about our Gov- nouncing a package of bills and initia- We are about to pass a highway bill ernment’s responsibility to make sure tives focusing on wellness, focusing on of approximately $300 billion for high- our children have a healthy environ- preventing chronic diseases. The em- ways, roads, and bridges. We tried to ment? phasis will be on nutrition, physical ac- get an attachment to that bill to pro- Children, especially those under 8 tivity, mental health, tobacco ces- mote bike paths along our highways. I years of age, don’t always have the sation. It will stress prevention, con- saw a figure the other day about how ability to distinguish fact from fiction. sumer awareness, responsible mar- much less young people ride bikes The number of TV ads that kids see keting practices, and wellness pro- today than they did 15 or 20 years ago. over the course of their childhood has grams in schools, communities, and the Ask yourselves as you drive down one doubled from 20,000 to 40,000; mean- workplace. of our busy thoroughfares or streets: while, the percentage of children who We face an obesity epidemic. We face Would you ride a bike down there dur- are overweight or obese has also dou- an explosion of largely preventable ing rush hour traffic? Of course not. bled. The percentage of overweight or chronic diseases. We face health care You look to the side and there are no obese teens has, in fact, tripled. The costs and health insurance premiums bike paths. There are no walkways for United States right now has a higher that are skyrocketing. All of these people to have access. We have streets things are related. We have to meet our now that do not even have sidewalks percentage of overweight teens than responsibilities. We as Senators must by them, let alone a bike path. I think any other industrialized country. We also need to take steps to reduce set a good example: Walk more, use the when we invest taxpayers’ money to the junk food that our children are get- stairs more, have information on all of build highways, roads, and bridges, we ting at schools. The GAO found that 43 our menus in all of our Senate cafe- ought to mandate that, as a part of percent of elementary schools, 74 per- that, there ought to be an access for terias so we know exactly how much cent of middle schools, and 98 percent bike and/or walking paths next to trans fats, calories, sodium we are get- of high schools have vending machines, those streets. ting with each meal ordered, and also I have already introduced legislation school snack bars, or other food to do what we can in our official capac- that would require menu labeling in sources outside of the school lunch and ity to help support wellness and to sup- chain restaurants, but I can already school breakfast programs. We know port healthy lifestyles among our kids hear objections that this will be too ex- that when kids have access to vending in school and at daycare centers. That pensive. It will be a burden on busi- machines and snack bars and a la carte is where it starts. If we can get the nesses, for example, to put all of their lines at school, bad things happen. kids and teach them healthier life- information on menus. I mentioned Kids’ consumption of milk, fruits, and styles, healthier eating choices early that Ruby Tuesday’s already an- vegetables goes down, and their intake on, chances are that is what they will nounced plans to implement food label- of sodas and fried foods skyrockets. follow when they grow older. ing in its restaurants. Clearly they This is one more area where Congress It seems to me the golden rule of don’t consider this to be too expensive. has a responsibility to intervene to holes is this: When you are in a hole They made a hardheaded corporate de- protect our children. and you find it is getting up to your cision that it was both doable and good I had this brought home to me the shoulders or up to your head, stop for business. other day when it was pointed out that digging. We have dug one whopper of a I remember the same objections a 20-ounce size soft drink—Coke, Pepsi, hole in health care in this country by which were raised when Congress first all the soft drinks—has the equivalent failing to emphasize prevention and passed the Nutrition Labeling and Edu- of 15 teaspoons of sugar. I ask: As a wellness. It is time to stop digging. It cation Act to require labeling of retail parent, would you send your kid to is time to focus our attention on foods and packaged foods. But lo and school during the day and say, Here are healthy lifestyle, prevention, wellness, behold, years later, the sky has not 15 teaspoons of sugar, please eat this. providing incentives for businesses. fallen. To the contrary, consumers like No parent would want to do that. Yet I hear about tax incentives for busi- labeling. When they go into the gro- when that kid goes to school and buys ness to do this, and that we need more cery store, they pick up boxes, cans, a 20-ounce soft drink, that is exactly tax incentives for businesses to provide and packages and they read the nutri- what they are getting. And they will wellness and prevention programs at tion labeling. They rely on those labels probably have two of them during the the worksite for people who work in to help them make informed healthy day. That is 30 teaspoons of sugar in 1 small and large businesses. We need to choices. day. provide the kind of support for our pub- Consumers say they want nutrition Go home, take 15 teaspoons of sugar, lic schools to provide better choices for information available when they make put it in a cup and see if you would like our kids, also. menu selections at restaurants. Yet, to eat that. Or do 30 teaspoons, the I thank the indulgence of the Chair. while they have access to excellent nu- equivalent of what a lot of kids are I wanted to take this time to talk trition information at supermarkets drinking today. No wonder obesity about this and to alert my fellow Sen- when they go to buy packaged foods, among teenagers has tripled. No won- ators that I will be introducing a pack- when they go to a restaurant, con- der our teenagers in this country are age of wellness bills and I have been sumers have to resort to guessing and more obese than teenagers in any other working with the majority leader, a estimating. industrialized country in the world. doctor, Senator FRIST, on some of

VerDate mar 24 2004 03:15 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.060 S21PT1 S4198 CONGRESSIONAL RECORD — SENATE April 21, 2004 these items, especially about getting military members have died in Iraq cut and run. Those are the two choices: signs posted about trying to use the since the beginning of combat. Today, stay the course or cut and run. Either stairs more often, about getting Sen- more than 1 year after the fall of Bagh- we fight terrorists on the streets of ators wearing pedometers and doing dad, America’s military forces are Iraq or we fight them on the streets of more walking, for us to set a good ex- being greeted in too many quarters of New York or Washington, DC. Either ample for the rest of the country. Iraq, not with flowers—not with flow- we support President Bush’s policies I am hopeful we can also use the nu- ers, not with flowers—but with gunfire, absolutely or we give aid and comfort trition reauthorization bill this year to not with cheers but with jeers, nor as to the enemy. Those are the two make some changes in how we ap- liberators but as occupiers—occu- choices. Do you believe it? I don’t. proach how kids eat and what they eat piers—oppressors. No, no, no, a thousand times no. Ei- at school and what is available to them In the harsh glare of hindsight, it is ther-or propositions like those invoked in terms of vending machines, soft now clear that the President’s pre- by the President to describe the war in drinks, sugar, salt, that type of thing, conceived notions of the war and the Iraq are nothing more than politically and to get them eating healthier at an aftermath of the war in Iraq were pro- inspired slogans like last year’s ill-ad- early age. foundly flawed. Even the President’s vised ‘‘Mission Accomplished’’ banner, I yield the floor and suggest the ab- Secretary of Defense—one of the su- designed to whip up emotions while sence of a quorum. preme architects of the war in Iraq— masking the complexity of national se- The PRESIDING OFFICER. The has been forced to admit that the bat- curity considerations. clerk will call the roll. tle has not gone according to the plan, Fighting in the streets of Iraq has The assistant legislative clerk pro- that the level of casualties, continuing not prevented terrorists from striking ceeded to call the roll. so long after the fall of Baghdad, was in Saudi Arabia or Bali or Madrid. Are Mr. BYRD. Mr. President, I ask unan- neither anticipated nor planned for be- you with me? And there is no guarantee—none—that it will prevent them imous consent that the order for the fore the invasion. quorum call be rescinded. And yet President Bush refuses to from striking again in the United The PRESIDING OFFICER. Without admit any flaws in his grand strategy States. Just this week, Homeland Se- objection, it is so ordered. to invade Iraq to overthrow the regime curity Secretary Tom Ridge disclosed IRAQ of Saddam Hussein without giving ade- the formation of a Federal task force to respond to heightened threats that Mr. BYRD. Mr. President, it is the quate consideration to the potential al-Qaida will strike again in the United poet T.S. Eliot who reminds us, as if we perils awaiting America in the seething States, sometime before the November needed to be reminded, that ‘‘April is streets and towns of post-war Iraq. De- election. Significant events, including the cruelest month.’’ How prescient his spite the fact that debate over the war the dedication of the World War II Me- words ring this April 2004, as we reflect in Iraq rages worldwide, despite the morial in Washington and the political upon the deepening crisis and the fact that the American occupation is conventions in New York and Boston, steadily mounting death toll in Iraq. reeling from unexpected opposition are among those viewed as prime tar- This April, this month in which mil- from the very people it was intended to lions of Americans marked the holiest gets for a new al-Qaida offensive. liberate, still the President is hard This is the sobering reality. Osama season of the Judeo-Christian calendar, pressed under questioning to come up bin Laden remains at large, and his has been an unholy nightmare for with any mistakes that he might have minions appear to be multiplying, not American military forces and Amer- made in dealing with Iraq. What a sad, diminishing. That is sobering. That ican policy in Iraq. sad commentary. ought to curl your hair. April 2004, 11 months after the Presi- In his press conference last week, If anything, the war in Iraq has dent proclaimed the end of major com- President Bush acknowledged ‘‘tough served as a rallying cry for anti-Amer- bat operations in Iraq, has proved to be weeks’’ in Iraq, but he clung to his oft- ican and antidemocratic extremists in the deadliest month for American repeated assertion that Iraq is mostly the Middle East and beyond. Sadly, forces in Iraq since the onset of the war stable, and shrugged off the violence of given the distraction from the war on more than a year ago. Major combat recent weeks as the work of a small terror that the war in Iraq has proved operations may have ended—let me re- faction of fanatical ‘‘thugs’’ and terror- itself to be, the capture or killing of peat that: major combat operations ists bent on imposing their will over Osama bin Laden, when and if it comes, may have ended—as President Bush as- the popular will of Iraq. is likely to be an anticlimactic foot- serted nearly 1 year ago, but major In this assessment, I hope and pray note to a widening and ever more dead- combat casualties have not. The ‘‘Mis- that the President is right. ly surge in independent national ter- sion Accomplished’’ banner under For the sake of America’s military rorism. Mark my words. which President Bush spoke so con- families, for the sake of the mothers Despite the often invoked and pat- fidently on May 1, 2003, has come back and fathers, for the sake of the wives ently misleading conclusion drawn by to haunt us and to taunt us many and children who have had to bear the the Bush administration, cutting and times over. burden of the increased violence in running is not the only alternative to In the weeks and months leading up Iraq, I hope the President is right. staying the course in Iraq, especially to the war, Americans were assured by I hope that Iraq achieves stability when that course is fraught with dis- President Bush and his cadre of top ad- and security soon. For while Iraq and aster. Altering a flawed and dangerous visers—most particularly Vice Presi- the world may indeed be better off with course of action, seeking meaningful dent RICHARD CHENEY—that we would Saddam Hussein behind bars, alas— support from the international commu- be greeted as liberators in Iraq, our alas—I do not believe that an Iraq in nity, is another alternative, one that path to victory strewn with cheers and turmoil is either a boon to the Middle this President is loathe to acknowledge flowers. Those flowers, it now appears, East or an asset to the security of the but evidently more than willing to em- are less like rose petals tossed at the United States. brace in the face of the calamity that feet of liberators and more like Eliot’s Instead of reflecting candidly on the has befallen his own roadmap for Iraq. mournful April lilacs—‘‘Lilacs out of current challenges in Iraq, President For months, I and others have im- the deadland, mixing Memory and de- Bush would prefer to focus on his gran- plored the President to return to the sire, stirring Dull roots with spring diose, grandiloquent vision for reform- United Nations and to seek a greater rain.’’ ing the Middle East. In this he speaks role for the U.N. in the occupation, ad- April—April—has indeed become the in ideological, almost messianic, ca- ministration, and reconstruction of cruelest month. Memory and desire dences as he paints a picture of Iraq as Iraq. Hear me. Hear me. Long before cannot supplant reality in Iraq. More a central front not just in the war on the war, we begged—didn’t we? Yes—we than 100 American military personnel terror but also in a battle of Biblical begged the President to seek the sup- have been killed in Iraq so far this proportions pitting ‘‘good’’ against port of the United Nations Security month, the highest number of deaths in ‘‘evil.’’ Council before invading Iraq. Were our a single month since the beginning of President Bush is a man of absolutes. pleas heeded? No. Our pleas fell upon the war. In all, more than 700 American Either we stay the course in Iraq or we deaf ears.

VerDate mar 24 2004 02:34 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.061 S21PT1 April 21, 2004 CONGRESSIONAL RECORD — SENATE S4199 This administration was confident moralize America or to hearten our en- regard to Iraq. The American people that it could go it alone. And it said so, emies. Rather, these are the questions expect answers, the American people did it not? Yes. It said: If you don’t do that a free and open society—the kind expect a judicious strategy, and the it, we will. This administration was of society that the President envisions American people expect a well- confident it could go it alone with only for Iraq—is expected to pose of its lead- thought-out military and diplomatic a threadbare coalition of the willing to ers. These are the kind of questions campaign. On all fronts, the American paper over its unilateral action. How that a democratic nation’s leader is be- people have been let down. A President hollow that confidence now rings. In holden to answer. Dogmatic admoni- who wages war and manages the after- the face of disaster, in the face of tions and grandiose allusions will not math of war by the seat of his pants is mounting doubts among members of suffice. In a democratic society, the not what the American people either the coalition, the President has now people demand and the people deserve expect or deserve. I fear that is what been forced to seek shelter—Help me, the simple and unvarnished truth. So they are seeing in Iraq. Cassius, or I sink—under the wings of do the people’s representatives in Gov- This President, having blundered the United Nations. The Iraqis have re- ernment. They, too, demand, they are into this war in Iraq, does not have jected every plan for transition of entitled to, and they deserve the sim- much time left to get the stabilization power put forward by the President’s ple and unvarnished truth. Congress of Iraq right. We have spent our blood Coalition Provisional Authority. Our also demands and deserves the simple and treasure in Iraq, and it is now only hope left is that they will embrace and unvarnished truth from the execu- time—past time—to aggressively ex- a plan put forward by the United Na- tive branch. plore ways in which the burden on tions, the very body the United States This is a coequal branch of Govern- Americans can be mitigated. It is time spurned when the President chose to ment, Mr. Bush. As a coequal branch of to abandon the go-it-alone attitude, invade Iraq without the support of the Government, as the body in which the the go-it-alone, cocky, arrogant atti- U.N. Security Council. Irony scarcely Constitution vests the power of the tude established by this President. begins to describe the current state of purse, Congress requires the truth from It is time—long past time—for the affairs. the President, from the executive President to admit to mistakes made, The fact is, while espousing hard-line branch, from the Pentagon, from the to forsake his divisive either/or rhet- rhetoric and ironclad resolve, this ad- Defense Department, from the State oric, and to seek a way out of the deep- ministration has ducked and bobbed Department, from the White House. ening morass of Iraq with the full part- and weaved at every opportunity. In This is what makes recent allegations nership of the United Nations, the re- the administration’s ever-shifting ex- in Bob Woodward’s new book regarding gion, and the international commu- planation for the war in Iraq, the face the redirection of appropriated funds nity. of our enemy has ricocheted over the into clandestine appropriations for the President Bush needs to drop all pre- past 12 months from Saddam Hussein war on Iraq so disturbing, and the tensions that the war in Iraq and the and his Republican Guard to disgrun- American people ought to be disturbed. battle for stability are going according tled Baathist dead-enders to foreign The American people ought to ask to plan. Only by accepting the fact that a bold new direction is needed to terrorists taking advantage of the un- questions, and their representatives in untangle the mess in Iraq can this rest in Iraq to pursue their agenda of this body ought to ask questions. If the President extricate the United States jihad to today’s vague assortment of President, as alleged in this book, from what is fast becoming a quagmire. thugs and fanatics opposed to democ- made the decision to wage war against It is time for the President to set aside racy for Iraq. Iraq and secretly spent appropriated We hear the refrain. We hear the re- funds to prepare for that war without his pride and to convene an inter- frain: Stay the course. Stay the course. prior consultation with Congress, then national summit on the future of Iraq, Stay the course. Well, exactly what the letter of the law, the intent of the composed of representatives of the Iraqi people, their Arab neighbors, course is it we are supposed to be stay- law, the spirit of the law, and the con- NATO, and the United Nations. Then ing in Iraq? Is it to furnish more boys stitutional power of the purse have and only then will the Iraqi people be as cannon fodder? What is meant by been subverted This would be not only in a position to chart their own future stay the course? Is it to furnish more a very grave breach of trust on the part with the help of the international com- of our young men and women as can- of the executive branch, on the part of munity. Then and only then will the non fodder to die in the streets of Iraq? the administration, but also a very United States be able to relinquish Is that what is meant when we hear the grave abuse of power. ownership of the tiger that it now refrain: We shall stay the course, we Mr. President, I hope with all my holds by the tail. heart that Iraq will emerge from the must stay the course? America must alter its course in Iraq The President failed to explain what current chaos to become a free and to deal with the volatile vacuum left that is supposed to mean to the Amer- democratic nation. I hope with all my by the fall of Saddam Hussein’s regime. ican people at his press conference. heart that the sacrifices that Amer- America must be prepared to fight ter- How did we get from protecting the ica’s military forces have endured in rorism wherever it rears its ugly head United States from the threat of weap- Iraq will be validated by reality, and and not be lulled into the false belief ons of mass destruction to the vague not justified merely on the basis of that attacking terrorists overseas will notion of fighting extremists opposed wishful thinking. The path forward is stop them from attacking America on to democracy in Iraq? The President not yet clear, but this I know: Presi- its homefront. Above all, Americans failed to explain that fact as well. dent Bush led America into a preemp- must never be cowed into believing Where were those extremists before the tive war that was neither dictated by that questions are somehow ‘‘unpatri- invasion? Why is it that they are circumstances nor driven by events. otic’’ or that Presidents, even wartime emerging in force only now, a full year President Bush led America into a war Presidents, are ever above answering after the fall of Baghdad? Could it be of choice, a war that might well have them. And finally, Americans must re- that this administration has created been avoided with patience and pru- member that in this country there are America’s own worst nightmare be- dence. Would that we could read that no kings. cause of its colossal arrogance, its ‘‘April is the cruelest month’’ without Mr. President, I yield the floor and clumsy mistakes, and its painful reflecting on the cruel and terrible toll suggest the absence of a quorum. misjudgments on virtually every as- that the war on Iraq has taken on The PRESIDING OFFICER. The pect of the war in Iraq? America’s men and women in uniform clerk will call the roll. These are not the questions of an unin Iraq during this bloody and sorrow- The legislative clerk proceeded to patriotic or reckless opposition. Where ful month of April. call the roll. are the voices today in this Senate? It It is said in the King James version Mr. CORZINE. Mr. President, I ask is not unpatriotic to ask questions. It of the Holy Bible that of those to unanimous consent that the order for is not unpatriotic to voice opposition whom much is given, much is required. the quorum call be rescinded. to the policies of this administration. Mr. President, much is required of this The PRESIDING OFFICER. Without These are not questions intended to de- administration and this President with objection, it is so ordered.

VerDate mar 24 2004 02:34 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.062 S21PT1 S4200 CONGRESSIONAL RECORD — SENATE April 21, 2004 Mr. CORZINE. Mr. President, I rise lated deaths. That is Camden and Som- wages and medical costs. These num- today to talk about S. 2290, the pending erset Counties. So this is a real deal for bers do not fit the circumstance. Now, bill on asbestos legislation before the us. We would like to see this addressed. $25,000 barely gets a family of four Senate. Like many of my colleagues We cannot ignore the tragedy of above the poverty line, and we are before me, I also want to express great these asbestos deaths and injuries. We talking about $25,000 and $85,000 in lost frustration because it does not seem as can and we should be able to come up wages and medical costs that accrue to though we are moving the ball down with a workable solution. As I said, those things. We are not in the right the field on something that I think a like many of my colleagues, I would ballpark. lot of us believe is a very important like to see a national trust fund to The pending bill also guts a Biden issue. It is one that demands to be ad- compensate victims through a no-fault amendment adopted in the committee dressed and looks for a legislative solu- system, ensuring that those who are with strong bipartisan support to pro- tion that we are all trying to find. most injured receive a just award as tect victims’ rights in the event of fund Among the many issues that I hear quickly as possible. It should not be insolvency. It would allow that once about from my constituents, this is one going on for 5 or 10 years. I hope we can the fund was insolvent, if that $109 bil- that very frequently shows up in our agree that we need to focus on paying lion was not enough, then bring claims discussions and at townhall meetings. those who are truly sick and that we back into State court. That was over- A lot of people have suffered dev- must pay those people fairly. whelmingly supported in committee. astating injuries after exposure to as- That is why I was pleased last year Given the low level of funding in this bestos. Families have lost loved ones. when the Judiciary Committee held bi- bill, insolvency obviously is a problem. It is a real deal in people’s lives. partisan hearings on the issue, had bi- I believe it is unfair to ask the victims I have heard from companies, CEOs, partisan negotiations, and seemed to to give up their rights to enter into a and people who are trying to manage be making progress towards arriving at fund without knowing that fund would their company’s liabilities, and it is a a fair and balanced solution. Unfortu- have sufficient assets to cover the real problem. Insurance companies, nately, last year the Judiciary Com- claims, and where do they go in those many of which are headquartered in mittee reported out a bill that did not circumstances. So it is another major my State, have spoken about this issue have broad bipartisan support and was problem. and my old industry, the financial in- not, in my view at least, balanced in The pending bill would also treat vic- dustry, is concerned about the pen- its approach to the issue. tims with pending claims unfairly. alties and its implications in the cap- The bill before us has gotten worse. This one is really hard to swallow. It ital markets that are imposing very se- Good amendments that were added in would wipe out the claims of more than vere costs on defending companies and committee have been dropped, and the 300,000 people who have claims pending insurers because of the crisis. This is size of the fund, frankly, is at the low in the current system, even those who something that we ought to address. end of anyone’s expectations of what is have already received jury awards. Unfortunately, our current system is appropriate. We are looking back into history and not working, and that is a reality for I will take a few moments to discuss changing history. I don’t understand those who need it. It is not working for what I see are some of the most glaring why, when we have had a judicial proc- the defendant companies that want flaws in the bill that we are debating ess, we have come to a conclusion or certainty for their business planning. and reasons, at least right now as it we are even in the process of that, we It is not working for insurance compa- stands, I cannot support it. First, the want to stop, start all over and move nies that face accelerating claims, and size of the fund is quite simply out of people into another system. It does not it is certainly not working for asbestos touch with reality. I hear estimates of strike me as consistent with a com- victims. We need to make sure those anywhere from $100 billion to $300 bil- monsense sense of fairness. If you have who are truly injured receive the com- lion as the cost of settlement that peo- an award, it ought to go through. pensation they deserve in a timely ple would expect for the probability of In addition, the bill significantly fashion and on a basis that is fair to all the associated problems with asbestos, weakens key provisions that would involved. It needs to be done. We need and we have picked the low end of that protect victims without an effective to address it. number as the basis on which we are remedy during the transition to a new Decades of asbestos use and a cover- going to deal with it. The bill that was system. The bill also lacks trans- up of its health effects have resulted in reported out of committee would have parency with regard to companies and a massive occupational and environ- had $153 billion, and we have come up insurers and how they are going to con- mental health crisis. By the way, we with $109 billion, absolutely at the very tribute to the fund and in what are still having exposure developed by low end of any of the national esti- amounts, which makes it difficult to a lot of the imports that we are now re- mates, any of the academic estimates determine whether companies are pay- ceiving into our Nation, where some of of objective outside observers. We are ing their fair share. those who manufacture abroad are not starting at the wrong place in the ne- By the way, there is a lot of hooting dealing with the issues we have begun gotiation. and hollering among the insurance to deal with. It is a real killer, a silent In addition to the anemic overall companies. A lot of them oppose this killer, physically but also emotionally funding, the bill has other weaknesses. because they don’t know what their debilitating to many people across For example, the Hatch substitute de- deal will be. There is no certainty here, America. prives victims of exposure adequate either for the victims or for a lot of the Medical costs associated with asbes- compensation. Awards just remain far people who are going to participate tos-related diseases are astronomical. too low for many victims with serious here in funding this trust fund. That They are off the charts. It is not a mat- diseases that are an outgrowth of this. doesn’t make sense and I think it is a ter of millions. It is billions and it is Funding would not pay for victims’ real problem that also needs to be ad- an annual affair and it cries out to be medical bills, let alone compensate dressed. We need to amend it. addressed. their families for any type of hard- It also contains a windfall for certain Hundreds of thousands of workers ships. companies. While we are taking it and their family members have suf- To give an example, a worker with 15 away from some folks, we are certainly fered and died from asbestos-related years of asbestos exposure and lung giving it to others. It contains this cancer and lung diseases. I think the cancer would be guaranteed only windfall with regard to Halliburton, number is about 10,000 die each year. $25,000 in compensation. I do not see which has an estimated $4.8 billion in Approximately 24 million have been ex- how that relates to the risk of life that asbestos liability, but would only have posed. In my home State of New Jer- individuals would be taking in that to pay $1.2 billion under the Hatch- sey, which is an old manufacturing context. Frist bill. Why them? Why are they State, 2,700 people have been killed by In another example, victims with as- getting such a break, particularly after asbestos since 1979, and two of our bestos who lose 20 to 40 percent of a judgment has already gone through? counties in New Jersey are in the top breathing capacity or are disabled from It is sort of the reciprocal or the re- 10 in the Nation in those asbestos-re- work will receive only $85,000 for lost verse of what we already were talking

VerDate mar 24 2004 02:34 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.065 S21PT1 April 21, 2004 CONGRESSIONAL RECORD — SENATE S4201 about with a lot of individuals. They fessor George Benston of Emory of the on with some of the hard work that are going to get slammed and some- seven largest asbestos companies that was done when we came up with some body here is going to get the advan- sought chapter 11 bankruptcy reorga- of these bipartisan approaches to deal tage. They are going to apply it in a nization protection in 2000 and 2001. with this very thorny issue. On the way that is very uneven and lacking in This is a real study by someone trying basis of offering a helping hand to balance. That should be addressed. to bring an objective perspective. Pro- many victims and their families, for This is not a fair and balanced ap- fessor Benston studied the asbestos companies that need to have stability proach to this problem. It is not fair to companies and compared them to com- in their balance sheet and the ability the injured victims or the families of panies in their business that did not to make plans for the future, to reduce those who died, and it is not fair to declare bankruptcy reorganization in the caseload we have in our court sys- companies that want relief from the order to determine how successful their tem, there are a lot of reasons we growing problem, and it doesn’t pro- operations would be under the super- ought to be moving in this area. We are vide for the certainty and planning I vision of the bankruptcy court. He con- not pulling together, sitting down and think corporate America is looking for. cluded: negotiating a transaction formulation Let me take a moment to discuss On the whole, they essentially have in- of legislation that makes sense for ev- what I think is also a misleading claim creased or stabilized their sales, assets, em- erybody. by supporters of the bill. This one is ployment, and profitability, and have pro- Everyone is going to have to give a actually hard to understand, how this jected increases. It is fair to say they are little bit, but this is something that gets any circulation at all. Unfortu- viable and likely to be increasingly success- could be done if we wanted to go to nately, this administration, as a lot of ful companies that should generate funds to work to make it happen. The will is us have talked about on other occa- exit bankruptcy significantly stronger than when they went in. there. Certainly the demand is there. I sions, has been weak in the record of think there is a lot of ground for posi- creating jobs. I don’t have to go We are doing this because this is a tive, constructive dialog. through the litany of 2 million lost jobs bill, when it is fair to say they I yield the floor and I suggest the ab- jobs, 8.4 million unemployed Ameri- have increased or stabilized their sales, sence of a quorum. cans, 2.6 million private sector jobs assets, employment, and profitability, The PRESIDING OFFICER. The lost. That was the only period of time, and have projected increases. Somehow clerk will call the roll. actually, since the Depression an ad- or another, objective evidence doesn’t The legislative clerk proceeded to ministration has more than likely seem to match with the claims. This is call the roll. overseen a period of decline in job hardly a jobs bill. The argument falls Mr. NELSON of Nebraska. Mr. Presi- growth in the country. But somehow apart on the surface of it, as far as I dent, I ask unanimous consent that the we have decided this is a jobs bill; can tell. order for the quorum call be rescinded. somehow this is going to create jobs. So while I am sympathetic to the The PRESIDING OFFICER. Without There are those who will argue many corporations that generally want to objection, it is so ordered. of the asbestos companies have been fulfill their obligations with respect to Mr. NELSON of Nebraska. Mr. Presi- forced into bankruptcy and that cost asbestos victims and certainly I have dent, I appreciate this opportunity to has seriously damaged the American an appreciation for their desire for se- speak today regarding the Fairness in economy, particularly as it relates to rious financial planning, if this asbes- Asbestos Injury Resolution Act. As de- jobs. The facts don’t meet the descrip- tos bill is the best we can do, the ad- bate draws to a close on the motion to tion. This is sometimes a fact-free ministration can do, the leadership— proceed to consideration of this bill, I arena. We make assertions and do not Senator FRIST and Senator HATCH—can take a few minutes to express my ap- necessarily follow through. But if any- do to create jobs in our country and ad- preciation to those who have worked so body does any serious analysis of what dress this problem, then I think we hard over the past several years to find goes on in these companies that have have a lot higher objectives for which a solution to what has become an enor- gone through these reorganizations we need to set our standards. mous—and continues to grow every under chapter 11 protection, they will That is why I think we ought to have day—problem. I offer my views as to know they have been able to use this a full debate. We ought to have a lot of how this process can be revived and device as a means to manage through votes on amendments that will actu- lead to a satisfactory resolution yet their obligations and they are able to ally address a number of these prob- this year. pay out some of their responsibilities lems we talked about. I hope we can First, a bit of history will be helpful. but it has kept their companies going. get back to those bipartisan negotia- Soon after I arrived in the Senate in The truth is, they have not gone out of tions, away from this floor, where we 2001, I approached then-Chairman business, many of them—most of them. can talk about the size of the trust LEAHY of the Judiciary Committee and Some are doing better than ever. fund, we can talk about some of this ex indicated to him that I thought legisla- Let’s take Halliburton, since I men- post facto analysis about who is bene- tion was necessary to come up with a tioned it once before. Halliburton has fiting and who is not; where we can solution to compensate asbestos vic- agreed to compensate the innocent vic- make sure the general awards to victims; if we worked on it in an appro- tims and companies poisoned with a tims are actually higher and there is priate fashion, it could be passed. I settlement of more than $4 billion. some serious backstop if the fund knew the process would be long and dif- That is, of course, unless we pass this doesn’t actually have the resources to ficult, but I thought it was worth pur- legislation, then only $1.2 billion. In be able to deal with these issues. suing. If we did not begin, we would order to pursue this settlement Halli- We sure the heck ought to stop talk- never conclude that solution. Senator burton has agreed to put two of its ing about this in a context that makes LEAHY very graciously agreed and held companies into chapter 11 temporarily no sense in economic reality, that this hearings to explore the feasibility of until a court approves a trust arrange- is a jobs bill. I go back to this. This is this approach. ment to compensate asbestos victims. one of those things I think Americans Following the elections of 2002, Meanwhile, Halliburton on its own across the board want to see Congress Chairman HATCH continued those ef- Web site is telling its customers that act on. This is not something that has forts and began formulating a legisla- it: a Republican or Democratic label. We tive proposal. I agreed to cosponsor . . . will continue in business and will con- want to find a resolution. I want to that legislation, not because I sup- tinue to provide all the excellent services find a resolution. We have to do that in ported everything in the bill, but be- our customers expect from us. In other a fair and balanced manner. I thought cause I believed it would provide an in- words, outside the asbestos and silica settle- the Judiciary Committee made a lot of centive for those with a major stake in ment, it will be business as usual. progress on this on the bill they re- the resolution of this issue to begin In what kind of shape are these com- ported out. That is not what we are discussions aimed at solutions. panies that have chosen chapter 11 re- working on. That strategy worked. Discussions organization? The answer can be found I don’t understand why we don’t turn began, the major issues were framed, in a new analysis conducted by Pro- the clock back just a little bit and get the Judiciary Committee held 4 long

VerDate mar 24 2004 02:34 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.067 S21PT1 S4202 CONGRESSIONAL RECORD — SENATE April 21, 2004 days of markup, and a bill was reported important, he was a consummate fam- raising five children, Erin, then 20, Diane, 16, out. However, there were problems ily man, a devoted husband, a father of Sara, 15, John, 12, and Bennett 10. Mike was with the bill. Still, the process was five young children. a District Court Judge, and deeply honored In late 1999, he began to experience that you had seen fit to appoint him while moving forward. Sometimes it felt like you were Governor. As the holidays began, one step forward, two steps backward. serious health problems and was soon Mike noticed a sudden weight gain and en- But stakeholders continued to nego- diagnosed with mesothelioma. Despite largement of his abdomen. After Christmas tiate. a courageous and painful fight with the it became so uncomfortable that he went to Senator SPECTER, to his credit, disease—and it looked at times as see our family doctor on December 30, 1999. brought the parties together and though he might be able to beat the The doctor was very alarmed by Mike’s ap- worked on the array of issues other odds and survive—he, unfortunately, pearance and arranged for him to be admit- than values and dollar amounts. That passed away on November 28, 2002. ted to Immanuel Hospital the next day. Mike had been exposed to asbestos as a Following 3 weeks of tests by several doc- process was also extremely helpful in tors, we received the diagnosis of Perotoneal bringing us to the point where we are young man working his way through Mesothelioma. The prognosis was dev- today. college and law school. We all know astating, a 50 percent chance of living an- The majority leader has now incor- that virtually the only cause of meso- other 6 months and 18 months as the most porated a number of the elements of thelioma is exposure to asbestos. optimistic life expectancy. Mike began the Specter-Judge Becker negotiations Mike’s family pursued legal action chemotherapy at the University of Nebraska into the bill before the Senate. Unfor- against those responsible for his expo- Medical Center and we searched for informa- sure and obtained a series of settle- tion on this disease. Virtually all of the in- tunately, the bill before the Senate is formation we could find indicated that the not complete. It still lacks a consensus ments totaling $655,000. However, to date, his widow and five children have only cause of Mesothelioma is the exposure among the major stakeholders. That is to asbestos and that the time between expo- why I have chosen not to cosponsor realized a total of $56,463.76 on those sure and illness could be 30 years or longer. this substitute amendment when I was judgments. Fifty-six thousand dollars After 6 months of chemotherapy, Mike was asked to do so. It simply, in my judg- and change: less than 10 cents on the stable and we dared to hope that he would make a complete recovery despite the dire ment, is not ready. Several major dollar because the defendants were bankrupt. Under the terms of the trust descriptions we were able to find about this issues have not been resolved. I don’t disease. In June of 2001 the tumors began to believe this is a bill that can be written fund legislation, which we are debating and working to achieve, his widow and grow and Mike again needed to undergo on the floor of the Senate. chemotherapy. This time he did not respond I do believe a solution can still be family could receive $1 million. to the treatments. We sought other options Mr. President, I ask unanimous con- achieved yet this year if the leaders and Mike entered a Clinical Trial at the Na- sent to have printed in the RECORD the will make a renewed commitment to tional Cancer Institute (NCI) located in Be- letter which I received yesterday from continue the process. With a very lim- thesda MD. He underwent 12 hours of surgery Judge Mike Amdor’s widow. and intraperitoneal chemotherapy in Decem- ited time agreement, no more than 2 or There being no objection, the mate- ber of 2001. After a week in intensive care he 3 weeks at the most, and with active rial was ordered to be printed in the began to improve. We were able to return to involvement by leadership, I believe we RECORD, as follows: Omaha on December 31, 2001. He had been can reach a solution. It may inevitably fighting this disease for 2 years and once OMAHA, NE be a solution that is least objection- again we hoped for a reprieve from the death April 20, 2004. sentence he had been given. able, but at the very least we can ar- Re Mike Amdor and the Fairness in Asbestos rive at a solution that almost every Sadly that was not to be. In August of 2002 Injury Resolution Act of 2003, The FAIR the disease again began to progress. Mike stakeholder can accept. Act, (S. 1125) Renumbered S. 2290. underwent weekly procedures to drain the As a matter of information, a con- Senator BEN NELSON, fluid accumulating in his abdomen and then stituent of mine by the name of Warren Hart Senate Office Building, his lungs. Additional attempts with chemo- Buffett—some of you may have heard Washington, DC. therapy were unsuccessful. Even after he of him—expressed to me his view that DEAR SENATOR NELSON: I am writing to needed supplemental oxygen to assist his there probably is not anything more thank you for sponsoring the Fairness in As- breathing he continued to work at the Court important that the Congress can do for bestos Injury Resolution Act of 2003. Your House nearly every day. continued support of this legislation is very Mike died on November 28, 2002. Nothing the economy than to resolve this issue important. As the spouse of a victim of as- will make up for the loss of his presence in which continues to overhang our econ- bestos I have a personal interest in the suc- our lives. He had so many things left undone. omy. The economic impact is impor- cess of this bill. There are many others in Our children had to see the suffering and tant. the same situation and our numbers will death of the most important man in their Of course, the most compelling rea- continue to grow because the onset of many lives. Only Erin is through school and living son to find a solution is not simply to of the effects of asbestos exposure are not on her own. Diane is a sophomore at provide certainty to the economy; it is, seen for many years. Duquesne University. Sarah is a freshman at You are familiar with the illness and death Creighton University. John and Bennett are in fact, to provide relief to the many of my husband, Michael Amdor. Please allow students at Creighton Prep. I have lost the victims of the debilitating and deadly me to give you a short history of his expo- love of my life. Few people are lucky enough illnesses caused by asbestos. sure to asbestos and the subsequent deadly to know the joy we found in each other. And I know my colleagues understand the illness he suffered. few can understand the loss of such a special scope of the problem before the Senate. After finishing high school Mike worked at person. One of the first things I ever heard The suffering of the victims and their Physician’s Mutual Insurance during the Mike say was my name. His final word, spo- families has been brought home to each summer of 1965. He worked in the mailroom ken with his final breath, was my name. while an elevator was being installed Mike worked at the Court House until 2 of us. We all have many examples of through the existing walls of the building. days before his death. He knew he was very those unfortunate victims and their At this time there were no existing require- close to the end of his time on earth. He con- situations. But I would like to person- ments to contain the asbestos being dis- tinued to provide justice to others even alize it for my colleagues. turbed or removed during renovation of ex- though he knew there would be no justice for When I served as Governor, I had the isting buildings. In 1971 Mike worked for him in this world. The Congress alone now pleasure of appointing an Omaha attor- Northwestern Bell, now Qwest, in downtown has the ability to provide some measure of ney by the name of Mike Amdor to the Omaha, NE. He was a computer operator and justice to the victims of asbestos by pro- his job did not involve using asbestos prod- Nebraska District Court bench. Mike viding equitable financial settlements to ucts. However, the building was being remod- them and their families. Amdor was a very good friend. I had eled during the time he was employed there. I trust you will also support efforts to pre- known him and his family for years. The crews doing the remodeling during the vent future exposure to asbestos by sup- His father had gone to law school with daytime wore some protective equipment be- porting the passage of legislation to prohibit my late father-in-law. I knew his moth- cause of the known presence of asbestos in the use of this deadly material anywhere in er when she was alive and worked with the area being remodeled. The overnight the United States. These measures are need- his father in the insurance business. computer staff were neither warned of the ed to insure that no new victims are exposed I appointed him to the Nebraska Dis- asbestos nor given any protection from the to the cause of such deadly diseases. particles that were in the air and on the sur- As he continued to work and receive treat- trict Court bench. He was a bright and faces of the tables in their lunchroom. ment, Mike contacted an attorney familiar vibrant lawyer, and he came to be a Fast forward to the fall of 1999. Mike and I with asbestos cases. Michael J. Lehan rep- trusted and respected jurist. But more had been married almost 30 years. We were resented Mike and now myself in efforts to

VerDate mar 24 2004 02:34 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.070 S21PT1 April 21, 2004 CONGRESSIONAL RECORD — SENATE S4203 seek some compensation for his illness and The judge’s case is a tragedy, but it ruptcies have led to the direct loss of death resulting from asbestos exposure. does not stand alone, unfortunately. as many as 60,000 jobs, while each dis- Mr. Lehan filed a Workers Compensation There are hundreds, yet thousands, of placed worker will lose an average of claim with Qwest and Physician’s Mutual In- surance Company because Mike believed he cases similar to Mike and Cathy $25,000 to $50,000 in wages over his or had been exposed at both work sites. Before Amdor’s. There will be future victims her career. For example, when Federal a formal hearing could be held, Qwest ac- who will not receive compensation be- Mogul declared bankruptcy in 2001, em- cepted his claim and began paying Mike’s cause there will not be anybody left to ployees reportedly lost more than $800 medical bills. After his death I began receiv- collect from. I am committed to the million in their 401(k) plans. ing a death benefit under this claim. trust fund approach because I believe it The AFL–CIO has testified before In addition to the Workers Compensation Congress that: claim, Mr. Lehan filed several lawsuits represents the best opportunity for against companies that manufactured or pro- those who are sick, and those who will Uncertainty for workers and their families vided asbestos materials that Mike thought become sick, to obtain reasonable com- is growing as they lose health insurance and he might have been exposed to. As a result of pensation for their suffering. I remain see their companies file for bankruptcy pro- these suits, we received several settlements, optimistic that it can be done if we tection. which were subject to attorney’s fees and ex- demonstrate the resolve, the deter- There is no question that the esca- penses. The first Settlement was from mination, to put politics aside and get lating claims and costs are a threat to Owens-Illinois Inc., for $20,000.00. We received it done. workers’ jobs and retirement savings. $11,633.34. In March of 2001 Celotex Corpora- The AFL–CIO further testified that tion offered a settlement of $8,500.00. We re- We are now on the threshold of floor ceived $4,266.00. Eagle Picher Industries action on the bill. I urge the leadership ‘‘the tort system is damaging business Trust offered a settlement of $6,500.00. This to renew their commitment to a proc- far more than it is compensating vic- company has filed bankruptcy and there was ess which I and others on both sides of tims’’ when it comes to asbestos-re- very little money for asbestos claimants. the aisle believe can still work. Fair lated cases. After attorney fees and expenses we received treatment for thousands of asbestos One economic study found that, con- $3,333.33. Another company in bankruptcy, victims is at stake, and we have come sidering the multiplying effect of pri- H.K. Porter made a settlement of $20,000.00. too far to quit now. We must make the vate investment, failure to enact asbes- Because of the limited assets of the trust the final push to reach consensus. tos legislation could reduce economic payment value was $920.00, and we received growth by $2.4 billion per year, costing $563.00. Again, I commend the hundreds of In March of 2002 AcandS, Inc. made a set- people who have spent thousands of more than 30,000 jobs annually. Ex- tlement offer of $600,000. However, they have hours working towards a solution. tended over a 27-year timeframe— filed for bankruptcy and they are unlikely to Those who have struggled with this which is the timeframe of this bill— pay anymore than the $58,584.00 first pay- issue have worked in good faith, deter- this would translate into the loss of ment they made before filing. We received mined to find the mechanism to com- more than 800,000 jobs and $64 billion in $36,628.09 from this settlement. Mr. Lehan economic growth. Another study con- has told me that it is unlikely that much pensate those victims and those who more will be paid of this settlement. will in the future fall victim to asbes- cluded that 423,000 new jobs will not be The FAIR Act with the proposed amend- tos. I still believe we can do this, and created due to asbestos litigation, and ments offered after S. 1125 was reported out I know with absolute certainty, $33 billion in capital investment will of Committee last July would assure com- though, that we must. not now be made, unless we bring this pensation for Mesothelioma victims such as Mr. President, I appreciate this op- bill to the floor and pass this asbestos Mike and at this time offers the only hope portunity to address the body today. I litigation bill. for any meaningful compensation for the loss Asbestos-related bankruptcies we have suffered. hope my colleagues will join together Many of the companies directly respon- in asking our leaders to work together threaten American workers’ jobs, in- sible for the asbestos exposure of Mike and to come up with a solution that will comes, job-related benefits, and retire- millions of others have either filed for bank- meet the needs and will meet the opment savings. To date, approximately ruptcy or found other ways to shelter them- portunities that this legislation rep- 70 or more companies—35 since the selves from responsibility to their victims. resents. But I think it has to be other year 2000—have been driven into bank- The FAIR Act would provide compensation legislation. This legislation is not yet ruptcy as a result of asbestos litiga- for many families and avoid the abuse that tion. Forty-seven States have had at sometimes takes place in our current tort ready to be passed. But with a very system. Exposure to asbestos in and of itself brief period of intense negotiation and least one asbestos-related bankruptcy. will not always result in illness. When it working, with the support of the lead- How does this translate into lost does there should be resources available to ers, I do believe it can be. In the final jobs? As I have already said, these the victims and their families. analysis, it must be. bankruptcies have led to the direct loss Thank you for taking the time to read this Thank you, Mr. President. of at least 60,000 jobs. Many of the af- lengthy letter. Mike was such a just man and The PRESIDING OFFICER (Mr. fected companies are highly unionized. had great faith in our systems of law. No CORNYN). The Senator from Georgia. If this direct impact is not bad enough, amount of monetary compensation can replace the loss of Mike and the many thou- Mr. CHAMBLISS. Mr. President, I we have plenty of additional collateral sands of other Mesothelioma victims, he be- rise in support of the motion to invoke damage from these lost jobs. It is esti- lieved that there would be a way for the sys- cloture on the asbestos bill. I say to mated that for every 10 jobs lost as a tem to insure that his family and others my good friend from Nebraska, with direct result of an asbestos-related would at least have some measure of finan- whom I agree on so many issues, and bankruptcy, an additional 8 jobs are cial security provided by those most respon- work so very closely with, I think this lost. Each worker who has lost a job as sible for the continued use of asbestos. bill is ready because it is a bill we have a result of bankruptcy will lose an esti- Please let me know if there is any way that I could assist you in seeing this impor- been negotiating for months and mated $25,000 to $50,000 in wages be- tant legislation enacted into law. months and months, and a bill on cause of periods of unemployment and/ Gratefully, which great compromises have been or lower wages in subsequent employ- CATHLEEN C. AMDOR. made on both sides of the issue. I do ment. Moreover, each worker loses, on Mr. NELSON of Nebraska. Mr. Presi- think it is time we invoke cloture, that average, at least 25 percent of the value dent, it is imperative we get this re- we bring this bill to the floor, and that of their 401(k) retirement account as a solved. This legislation, unfortunately, it be open for whatever amendments result of their company’s bankruptcy. is not complete. But it could be com- may be necessary by those who dis- While we are on the subject of retire- pleted, and completed relatively quick- agree with it, but let’s have a vote on ment savings, asbestos-related bank- ly, with the right approach. And the it. ruptcies have an adverse impact on the right approach is to put the stake- Asbestos-related bankruptcies have retirement savings of millions of holders in a room, with guidance from inflicted a staggering toll on the Amer- Americans. We have already seen how the leadership on both sides of the ican workforce. Companies that have badly these bankruptcies impact the aisle, with a firm deadline, and with a declared bankruptcy because of asbes- retirement savings of individual inves- firm charge to come to a resolution. It tos-related litigation employed more tors. We have seen the devastation to can be done, and, moreover, it should than 200,000 workers before their bank- employees of bankrupt companies be done. ruptcies. So far, asbestos-related bank- whose 401(k) retirement accounts hold

VerDate mar 24 2004 03:15 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A21AP6.021 S21PT1 S4204 CONGRESSIONAL RECORD — SENATE April 21, 2004 their employers’ stock. And we have ing my 26 years of practicing law, I en- colleagues about the courageous her- seen the damage to those whose pen- gaged in plaintiffs’ work as well as de- oism being shown by our men and sion funds have invested in companies fense work, and they are very noble women in uniform deployed in Iraq and driven into bankruptcy as a result of parts of our great legal profession. This Afghanistan. asbestos-related cases. bill is not directed at trial lawyers, as On the second day of my visit to Iraq All one has to do is look at a couple some have indicated. This bill is di- and Afghanistan last month, I had the of examples to get a sense of the dra- rected at two different segments of our opportunity to meet with a staff ser- matic negative impact that asbestos- society and our economy. First of all, geant who was a reservist from Denver, related bankruptcies have had and will at those companies who are now strug- CO. Before Operation Iraqi Freedom, he continue to have on retirement sav- gling because of the asbestos-related had a great family life, good-paying ings. cases facing them; they are facing job, and much happiness in his life. Yet Owens Corning stock, 14 percent of bankruptcy if we don’t act. We are when President Bush ordered our men which was owned by its employees in going to continue to see the loss of jobs and women in uniform to prepare and their 401(k) accounts, lost 96 percent of directly attributable to the failure on eventually rid Iraq of Saddam Hussein, its value, dropping from $1.8 billion to the part of this body to act. The second the staff sergeant’s unit, the 324th Tac- $75 million in the 2 years before its class of folks this bill is directed to are tical PsyOps Company, was mobilized bankruptcy filing in October of 2000. the victims. Under this bill, the way it and deployed to Iraq. Then there is the example of Federal is crafted, these victims don’t have to When I met with this brave soldier, Mogul. At the time of Federal Mogul’s file a lawsuit. They don’t have to go his unit had been deployed for over a bankruptcy in October 2001, 22,000 of its through the long, drawn-out discovery year in Iraq and was expected to spend employees owned 16 percent of the process that is a necessary part of at least another 3 months in the coun- company’s stock, stock that lost 99 every lawsuit. They don’t have to go try. Yet to my surprise, this staff ser- percent of its value or more than $70 through a trial by jury and let a jury of geant did not complain about the million. Between January 1999 and the their peers determine what their com- lengthy deployment, nor did he com- time of its bankruptcy, Federal Mo- pensation ought to be. They are complain about missing his family or ex- gul’s market capitalization dropped pensated directly and immediately press any worry about losing his job. from $4 billion to only $49 million. And when their injury is brought forward. Instead, he spoke of the importance of by the way, Federal Mogul never, ever The fund we establish is a fund that his mission and how much of a dif- produced asbestos. It simply acquired a is going to be here forever and ever. We ference he and the rest of our forces company with asbestos liability. Fed- started out with a demand, as the Pre- were making in Iraq. He said the eral Mogul’s stock, which once traded siding Officer knows, since he is also a United States did the right thing in for more than $70 a share, now sells for member of the Judiciary Committee, liberating Iraq from Saddam’s tyranny, pennies. Company retirees who once from the folks on the other side of this and not a day goes by when at least one had secure retirement nest eggs must bill, that we have a trust fund that has Iraqi doesn’t thank him personally for now work minimum wage jobs to sur- $107 billion in it. We resisted that early freeing their country. vive. on. We started out with about an $86 His only request was for me to con- One Federal Mogul retiree told the billion proposal. That $86 billion stead- tact his wife and thank her for sup- Detroit News he managed to salvage ily grew until we not only got to $107 porting him, a great sacrifice, over most of his retirement savings by sell- billion, we exceeded $107 billion. The ing the company’s shares before the these many months. This was the least trust fund that is set forth in this bill I could do to repay him for his brave bottom fell out. But unfortunately, his before the Senate today is set at $114 82-year-old former colleague was not as service to our Nation. billion. In addition, we have a 10-per- During that conversation, I could not fortunate. Because he held on to his cent overage fund that can come into have been more proud of or more Federal Mogul stock, his $1 million replay if need be, if that $114 billion is ex- tirement plan evaporated to $22,000. As thankful for our men and women in hausted. uniform. Many of these soldiers, sail- a result, this individual now works as a Beyond that, even if all of that greeter at a Wal-Mart store—a very ors, airmen, and marines are in their money is exhausted in asbestos-related early 20s, and some have never been credible job, but he didn’t take the job claims, anyone who has a true asbes- because he wanted to meet people. He outside the United States. Others have tos-related injury can then go back to seen combat before and are struggling simply needed to eat. the process that is now in force, the The runaway asbestos litigation cri- with the long deployment away from legal system we have. So nobody their families. But every soldier I sis must be brought to an end. The eco- stands to lose in the process. The spoke with made it clear they are dedi- nomic data we have seen is troubling American worker stands to gain. The cated to their mission and committed because it shows that asbestos litiga- injured asbestos victims stand to gain to defeating extremists that seek to re- tion creates job losses. American work- by the passage of this bill. ers and retirees cannot afford to con- I urge my colleagues on Thursday to turn that land to a rein of terror. I am especially proud of those Colo- tinue shouldering the weight of join those of us who are strong sup- radans who have confronted our en- Congress’s failure to act. In fact, we porters of the legislation and vote to emies in Iraq and Afghanistan. For ex- create a class of economic victims by invoke cloture. Let’s bring the bill to ample, the Third Armored Cavalry our inaction as companies go into the floor. Let’s debate it. And then bankruptcy and people lose their jobs. let’s have an up-or-down vote on the Regiment from Fort Carson, CO re- What I find truly ironic is my col- bill. Let’s compensate those victims turned after being deployed in one of leagues on the other side of the aisle who so badly need it. the most hostile areas of Iraq for over who have repeatedly stressed the im- I yield the floor. a year. They fought multiple battles portance of protecting American jobs The PRESIDING OFFICER. The Sen- with extremists and overcame numer- want to block us from considering a ator from Colorado. ous hardships during the course of bill that squarely addresses this very Mr. ALLARD. Mr. President, I ask their assignment. I commend the Third objective. If protecting American jobs unanimous consent to speak as in ACR for their service and welcome is a priority, then I strongly urge my morning business for 10 minutes. I them home. Democratic colleagues to rethink their would like to speak about my trip to I would also like to acknowledge the position on the Frist-Hatch-Miller as- Iraq and Afghanistan and welcome 10th Special Forces Group, also sta- bestos bill or at least vote for cloture home the Bravo Company of Fort Car- tioned at Fort Carson, for their ongo- on Thursday so we can get an up-orson, CO. ing contributions to Operation Iraqi down vote on the merits of the bill and The PRESIDING OFFICER. Without Freedom. Units from the 10th Special in the process we can consider what objection, it is so ordered. Forces Group continue to serve in Iraq amendments they think might be prop- THANKING THE MEN AND WOMEN IN UNIFORM IN and continue to make me and the rest er. IRAQ AND AFGHANISTAN of Colorado very proud. I have not been one to pound on my Mr. ALLARD. Mr. President, I rise As we in Colorado celebrate the re- former colleagues in the trial bar. Dur- today to share my thoughts with my turn of thousands of troops, we should

VerDate mar 24 2004 02:34 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.073 S21PT1 April 21, 2004 CONGRESSIONAL RECORD — SENATE S4205 not forget those who lost their lives on soldiers understand the challenges, and in Iraq, where terrorism has been the battlefield. More than 50 men who they want Americans to help them face spawned to spread worldwide. were either from or stationed in Colo- the challenge and support their efforts. We mourn every loss of life of these rado have made the ultimate sacrifice. Meeting these men and women re- brave men and women in uniform and The families who have lost loved ones minded me of a statement that Chair- salute those who serve and their fami- deserve special honor. Our thoughts man of the Joint Chiefs of Staff, Gen- lies for their bravery, their commit- and prayers have been with them as we eral Myers, told the Armed Services ment, and their sacrifice. We are at a all remember the sacrifices their sons Committee last year. He said that we critical juncture for the coalition oper- and daughters have made for the secu- would win in Iraq as long as we have ations in both of these theaters. The rity of our Nation. the continuing will of the American brilliant military victories achieved by This past weekend, I had the oppor- people. I believe that Americans still our forces, together with coalition tunity to welcome home the Bravo have the will to win, especially the partners, have presented an oppor- Company of the 244th Engineering Bat- men and women in uniform who I have tunity to fully defeat violence and ter- talion. Bravo Company is stationed in met. ror in both Iraq and Afghanistan, na- Fort Collins, CO, and the community’s Mr. President, I thank you for allow- tions whose previous rulers had per- response to these men and women re- ing me the time to praise some of my petrated violence and terror on their turning was truly heartening. brave fellow Coloradans. I will con- own populations, neighbors, and, in- Equally as encouraging were the re- tinue to spread the word from the sol- deed, the world. marks shared to me from the members diers that while even in the gravest of The cycle of violence that has of the Bravo Company. These profes- situations, they understand the impor- gripped this part of the world must end sional soldiers want to succeed in Iraq, tance of what the United States is try- if we are to win the global war on ter- their morale is high, and are proud of ing to accomplish in Iraq. rorism and to make America and the the time they devoted to the recon- I yield the floor and suggest the ab- world a safer place. Deviation from our struction of Iraq. sence of a quorum. current course will only embolden— The Bravo Company’s mission in Iraq The PRESIDING OFFICER. The embolden—those who are intent on was to help provide infrastructure. clerk will call the roll. causing instability and anarchy in This consisted of things such as sanita- The assistant legislative clerk pro- these regions of the world. ceeded to call the roll. tion facilities, electric utilities, water We have achieved extraordinary suc- Mr. WARNER. Mr. President, I ask utilities, as well as highways. They cess in a relatively short period of unanimous consent that the order for also helped in other ways with con- time. In Iraq, Saddam Hussein and the the quorum call be rescinded. struction of hospitals and schools dur- threat he posed are gone, and now he, I ing their deployment. They shared The PRESIDING OFFICER. Without objection, it is so ordered. think, to the credit of the Iraqi people, their feelings with me that they felt is likely to face a court of law and be IRAQ AND AFGHANISTAN they were really serving a need there. judged by his own peers for his fright- Mr. WARNER. Mr. President, there They were proud of their opportunity ful administration over a period of over has been some discussion on the floor, to serve over in Iraq. Obviously, they 30 years in that country and the hard- as there should be, about the very seri- were glad to return home, but many of ships he imposed. them were very, very happy about hav- ous situations, challenging situations We must continue, however, to send a ing an opportunity to serve the coun- that our Nation and other nations strong message of resolve to the people try in a valuable way. fighting against terrorism and for free- of Iraq, to our troops, to our coalition The point of emphasis shared with dom are facing now in Iraq and Afghan- partners, and to the rest of the world me by these soldiers is that it is imper- istan. that we, the United States of America, ative the American people continue to In the company of the distinguished will stay the course and get the job stand firmly behind our troops de- senior Senator from Alaska, Mr. STE- done. As President Bush stated last ployed overseas. This is not the time VENS, and the senior Senator from week: for grandstanding by drawing parallels South Carolina, Mr. HOLLINGS, I visited between this military action and the those two countries just four weeks Now is the time and Iraq is the place in Vietnam War. In fact, those distortions ago. Senator HOLLINGS, Senator STE- which the enemies of the civilized world are testing the will of the civilized world. We VENS, and I had an opportunity to dis- run counter to the strong support that must not waiver. the American public still has for com- cuss with the heads of state and gov- pleting the job in Iraq. ernment and our military leaders the I take great encouragement by lis- This is not an issue of people not sup- situation, and we also visited with our tening to that strong statement. I have porting our Armed Forces, because I troops. We visited Jordan. We visited supported the President throughout know that every Member in this body Iraq. We visited Kuwait. We visited, of these operations. As I said, I recently supports our troops, regardless of per- course, Pakistan. We went into Af- visited both of those areas, and I have sonal beliefs about the rationale for ghanistan, and we came back through done it three or four other times. It has Operation Iraqi Freedom. The issue is Paris where we had, I thought, a very been an opportunity for me, as chair- our support to stay the course for a interesting and lengthy opportunity to man of our Armed Services Committee, struggling democracy; one that can discuss our views with President to follow these operations very care- bring freedom not only to the Iraqis, Chirac of France. fully. but perhaps to the Middle East. The Today I would like to discuss some of President Bush has set a course that United States will be defined by our re- these issues that were discussed on the calls for the return of political sov- sponse to the terrorists and despots floor today. I do so by expressing that ereignty to the Iraqis on June 30. It is that want to see Iraq return to chaos the past few weeks have been particu- critical that we end our status as an and dictatorship. larly challenging for the citizens of the occupying power and give the Iraqis an The efforts of units like Colorado’s United States of America and, indeed, increased stake in what happens in 3rd Armored Calvary Regiment, the the citizens of other coalition coun- their nation. 10th Special Forces Group, and 244th tries fighting bravely with us in those I would like to pause on that point. Engineering Battalion have helped to theaters of war, namely, Afghanistan Yesterday, in the course of our series spread freedom and democracy to Iraq and Iraq. of hearings before the Armed Services after decades of terror. A free Iraq is a We are ever mindful the risks our Committee, at which time we had the historic opportunity to change the troops face every day and the sacrifices benefit of the testimony of the Deputy world. made by the families and the commu- Secretary of Defense, Mr. Wolfowitz, By demonstrating our commitment nities that support them as those who and the Chairman of the Joint Chiefs of to not only rid Iraq of terrorists but have been removed from power seek to Staff and Under Secretary of State for also improve the lives of ordinary delay their inevitable defeat as terror- Political Affairs, Ambassador Gross, I Iraqis, we show the world that America ists lash out against the loss of yet an- raised a question about the use of the is still the torchbearer for liberty. Our other haven, both in Afghanistan and term ‘‘sovereignty.’’ I have watched

VerDate mar 24 2004 02:34 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A21AP6.016 S21PT1 S4206 CONGRESSIONAL RECORD — SENATE April 21, 2004 carefully as all those in positions of au- rity framework so that government mation of a constitutional Iraqi gov- thority have begun to discuss what can work. ernment by the end of December 2005. takes place on the 30th of June. Again, I return to the date of June 30. During this interim and transitional It has been referred to, and I do not This date was endorsed by the U.N. spe- period, considerable effort will be made say this out of disrespect but just fac- cial representative, Mr. Brahimi. Mr. by U.S. and coalition forces to select, tually, somewhat loosely. People have Brahimi and the U.N. are playing an train, equip and mentor the various said we are going to convey sov- important and growing role in this components of the Iraqi security ereignty, as I have just read from these transition of the government and will forces, so as to be able to assume in- remarks. Others say it is a conveyance continue to play a critical role, hope- creasing responsibility for the internal of power to a new Iraqi interim form of fully, in helping Iraq on its path to de- security and external defense of Iraq. government. I shall address that later. mocracy. This is a good plan—a realistic plan— In the hearing yesterday, through The President’s appointment earlier that has received the support of Am- questioning by myself and other col- this week of the trusted international bassador Brahimi, the special rep- leagues, it was clearly established that statesman and current U.S. Ambas- resentative of the U.N. Secretary Gen- the security of Iraq must be main- sador to the U.N., John Negroponte, as eral, Kofi Annan. This plan, and what tained by the coalition forces until the first U.S. Ambassador to a free and additional support may be required such time as the Iraqis can put in democratic Iraq is another important from the U.N., are the subject of ongo- place, whether it is police, a national step in the process. I have known Mr. ing discussions at the U.N. guard, an army, or a combination of all Negroponte for a number of years, and Lasting peace and security in Iraq of those forces, a force such that we I have the highest regard for his profes- and Afghanistan will be achieved when can turn over to them completely the sional capabilities and his character. we establish the conditions for demo- operations that must take place to Continued U.S. commitment to the cratic, economically viable nations. repel the insurgents and otherwise June 30 transition date is of enormous The first steps to democracy have been maintain security in that country. importance to the Iraqi people and to taken and new governments are, or The question is, Since that must be the region, for it will be the day Iraq soon will be, preparing to assume the maintained and the document that the takes its place in the community of responsibilities and challenges of free- Iraqi Governing Council and the Coali- free nations and the day Iraqis assume dom and democracy. These new govern- tion Provisional Authority put to- responsibility for their future. A free, ments will need the continued support gether—the Transitional Administra- democratic Iraq means defeat for the and commitment of the Congress, the tive Law—specifically states that the forces of terrorism and instability in American people, and the international Iraqi security forces, as they come Iraq. community. Their success will stand as along, will be under the unified com- Clearly, the recent surge of violence a beacon of hope to others in the region mand of a U.S. led multinational force in Iraq is related to the imminent and around the world, and as a har- that is authorized by UN Security transfer of sovereignty. Those who fear binger of defeat for the forces of vio- Council Resolution 1511. This resolu- democracy are trying to delay its ar- lence and terror. tion goes into some detail with regard rival. Those who incite terror realize I yield the floor, and I suggest the ab- to how the security will continue to be their days are numbered. Opponents of sence of a quorum. maintained under the auspices of the a free and democratic Iraq are des- The PRESIDING OFFICER. The coalition military leadership. The se- perate and will become even more des- clerk will call the roll. curity will still emanate from the perate, we all fear—at least I do, and I The assistant legislative clerk pro- President of the United States, the think some others—in the weeks to ceeded to call the roll. Prime Minister of Great Britain, and come until June 30. Mr. KENNEDY. I ask unanimous con- others who are now directing, through It is my hope, but I certainly do not sent the order for the quorum call be their military commanders, the secu- want to raise expectations, but I do rescinded. rity operation in Iraq. Those forces are have a hope that once the realization, The PRESIDING OFFICER. Without going to stay. after June 30, settles in among the objection, it is so ordered. If we look at the pure definition of Iraqi people that at long last the first Mr. KENNEDY. Mr. President, all of ‘‘sovereignty,’’ one must say: Wait a of a series of steps to give them total us believe that the current system for minute. The very heart of being a sov- sovereignty is occurring, that 80 to 90 compensating asbestos victims is not ereign nation is providing security of percent of Iraqi citizens want this pro- working well and that legislation cre- one’s borders, of one’s internal situa- gram to succeed and the coalition ating a fairer, more effective process is tion, and security against anyone at- forces to finish their work. Those peo- needed. However, this bill, S. 2290, is tacking one’s nation. That is the very ple will help us in establishing a great- not that legislation. In its current heart of what I believe is sovereignty. er degree of security in Iraq. form, it does not create a system which But that authority simply does not We must be prepared, however, for will fairly and reliably compensate se- pass, as I said, because of the Transi- such violence as does continue to occur riously ill victims of asbestos exposure. tional Administrative Law and related between now and June 30 and after- This is not a balanced approach to orders enacted by the Iraqi Governing wards. There is not going to be a cliff, the asbestos problem which comes from Council and the Coalition Provisional an abrupt drop-off. It is likely to con- negotiations between business and Authority, which are the current au- tinue for a period of time, but our coa- labor. The bill reads as if it was dic- thority in Iraq, and by United Nations lition forces are resolute to maintain tated by the defendants solely for the Security Council Resolution 1511. So I that security. benefit of the defendants. In fact, there think as we use the term ‘‘sov- Some greater detail was shared with have been no serious negotiations for ereignty’’ with reference to what this body by the Deputy Secretary of months on the central issues fair levels passes on June 30, we should be very Defense and the Under Secretary of of compensation for seriously ill work- careful to say limited sovereignty State yesterday during our hearing ers, and adequate funding for the asbes- passes. outlining these first steps towards de- tos trust to make sure that injured A great deal of responsibility will be mocracy, including: formation of an workers actually receive what they are transferred to this new entity, but the Iraqi Interim Government, with the as- promised. security function is going to remain sistance of the U.N., and extensive con- The only issue on which any progress under the control of those I have just sultation with the Iraqi people, to ac- has been made is the administrative described until such time—presumably cept limited sovereignty on June 30, structure of the compensation pro- with the combined judgment of the co- 2004; the organization of elections for a gram. Senator SPECTER deserves great alition forces and the governing body representative national assembly and credit for convening a series of discus- of Iraq—there is a sequential series of transitional government, to be held no sions on this topic involving both labor governing bodies that take place, and later than January 31, 2005; the draft- and business. However, as long as the until that time we are going to be very ing and ratification of a constitution compensation values are unreasonably active in continuing to support a secu- by October 2005; and, elections and for- low and the amount of money in the

VerDate mar 24 2004 02:34 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.077 S21PT1 April 21, 2004 CONGRESSIONAL RECORD — SENATE S4207 trust is grossly inadequate, improving ical care, the lost wages of incapaci- more likely to get lung cancer than the way in which that money is distrib- tated workers, and the cost of pro- smokers with no asbestos exposure. As- uted to individual victims cannot viding for the families of workers who bestos is clearly a major contributor to make an otherwise bad bill acceptable. died years before their time. Those their lung cancers. Yet, this bill would Since the Judiciary Committee voted costs are real. No legislative proposal give them next to nothing. Under the out a bill in July, the process has can make them disappear. All legisla- terms of this bill, they would receive moved backward, not forward. While I tion can do is shift those costs from between $25,000 to $75,000. That is out- had serious objections to the com- one party to another. rageous. These victims, who must have mittee-passed bill, the Frist bill is Any proposal which would have the at least 15 weighted years of asbestos much worse. It reduces the funding effect of shifting more of the financial exposure, deserve much more—they de- level of the asbestos trust by more burden onto the backs of injured work- serve a level of compensation that re- than $40 billion dollars—$153 billion in ers is unacceptable to me, and I would flects the reality of their conditions the committee bill versus $109 billion hope that it would be unacceptable to and their families’ needs. in the Frist bill. They stripped out the every one of us. The key test of any Even when the worker’s lungs show major improvements we made in com- legislative proposal on asbestos claims specific evidence of asbestos disease, mittee the two Feinstein amendments is whether, by reducing transaction raising the probability that the asbes- and the Biden amendment. They made costs, it will put more money into the tos exposure significantly contributed a mockery of the committee process. pockets of seriously injured workers to the lung cancer to a virtual cer- The bill before us does not reflect and their families than they are receiv- tainty, the legislation would pay them what is necessary to compensate the ing under the current system. That as little as $150,000. That is incredibly enormous number of workers who suf- should be our goal. low. These lung cancer victims have fer from asbestos-induced disease, it re- I believe that a properly designed literally had their lives shattered by flects only what the companies who trust fund to compensate workers suf- asbestos. They must be fairly com- made them sick are willing to pay. fering with asbestos-induced disease pensated in any legitimate national The Republican sponsors of this bill can move us toward that goal. To do trust proposal. They are not in the are insisting on compensation levels so, it must use inclusive medical cri- Frist proposal. which are far below what these seri- teria which cover all workers who have To make matters even worse, the leg- ously ill workers deserve, and less than sustained real injuries, it must provide islation would actually allow workers’ what they are receiving, on average, fair levels of compensation for all compensation and health insurance under current law. These are people workers who have been injured, and it companies to seek reimbursement out whose health has been destroyed and, must guarantee that all injured work- of the meager amounts these seriously in many cases, whose lives have been ers who qualify will receive full com- ill workers receive from the asbestos substantially shortened, by asbestos pensation on a timely basis. At best, trust. Thus, the worker and his family induced disease. Shortchanging them this legislation satisfies only one of may literally end up with nothing de- would be extraordinarily cruel. these three criteria. spite his undeniable injuries. At the Any proposal which would merely There is also no adequate guarantee very least, the bill should protect the create one new large underfunded trust in the legislation that sufficient funds compensation paid to a worker by the in place of the many smaller under- will be available to fully pay all in- trust from subrogation claims. jured workers who are eligible to col- funded bankruptcy trusts which exist Proponents of this bill argue that in lect, even at the low levels of com- today is unacceptable. Injured workers the tort system too much money is pensation in the bill. For injured work- need certainty even more than busi- going to victims who are not really im- ers and their families, this proposal is nesses and insurers. paired and not enough is going to those One basic test of fairness is how a clearly worse than the current system. who are truly sick. But their self-pro- compensation system treats the most The real crisis which confronts us is claimed concern for the truly sick cer- seriously injured victims. S. 2290 fails not an asbestos litigation crisis, it is tainly is not reflected in this bill. Lung an asbestos-induced disease crisis. As- this test miserably. Those who meet the medical criteria for the most seri- cancer victims are ‘‘truly sick’’ by any- bestos is the most lethal substance ous illnesses would still not be fairly one’s definition. In fact, a large per- ever widely used in the workplace. Be- compensated. centage of them will have their lives tween 1940 and 1980, there were 27.5 mil- Mesothelioma is a horrible disease cut short by this disease. Yet even in lion workers in this country who were which is usually fatal. There is no these cases, the most compelling cases, exposed to asbestos on the job, and question that it is caused by asbestos S. 2290 provides grossly inadequate nearly 19 million of them had high lev- exposure. In the current system, meso- compensation. I am deeply troubled by els of exposure over long periods of thelioma victims often receive multi- the way this legislation treats even the time. That exposure changed many of million dollar settlements. This bill sickest of the sick. their lives. Each year, more than 10,000 will limit them to much less. Not only does this bill not provide of them die from lung cancer and other The gravest injustice done by the bill adequate levels of compensation, but it diseases caused by asbestos. Each year, is to lung cancer victims. We all under- does not even contain sufficient fund- hundreds of thousands of them suffer stand how devastating lung cancer can ing to pay the compensation levels con- from lung conditions which make be. The issue with lung cancer is causa- tained in the bill. According to a CBO breathing so difficult that they cannot tion. If a worker had substantial asbes- analysis, it is underfunded by over $25 engage in the routine activities of tos exposure and was a non-smoker, his billion dollars. CBO’s cost estimate is daily life. Even more have become un- primary lung cancer was almost cer- $140 billion. employable due to their medical condi- tainly caused by asbestos. Yet the bill Furthermore, there is no guarantee tion. And, because of the long latency would pay these victims as little as that this bill will raise even the $109 period of these diseases, all of them $225,000. In many instances, that will billion which the sponsors say is nec- live with fear of a premature death due not even cover their medical expenses. essary. The bill establishes contribu- to asbestos-induced disease. These are They are currently receiving much tion tiers for defendant corporations of the real victims. They deserve to be higher judgments in the courts, and various sizes and asbestos histories. the first and foremost focus of our con- fairness requires far more compensa- However, the Senate has no hard infor- cern. tion for their life threatening diseases mation about the number of companies All too often, the tragedy these than this bill offers. which will fall in each tier. Thus, the workers and their families are endur- If the worker smoked—and unfortu- aggregate amount which will be raised ing becomes lost in a complex debate nately most of these workers did—the to fund the asbestos trust is highly about the economic impact of asbestos combination of tobacco and asbestos speculative. Under the proposed fund- litigation. We cannot allow that to exposure dramatically increases the ing plan—some corporations—such as happen. The litigation did not create likelihood of contracting lung cancer. Halliburton and WR Grace—can escape these costs. Exposure to asbestos cre- Workers who smoke and have been accountability for their wrong-doing ated them. They are the costs of med- exposed to asbestos are over four times by paying only a small percentage of

VerDate mar 24 2004 02:34 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.080 S21PT1 S4208 CONGRESSIONAL RECORD — SENATE April 21, 2004 the amounts they are currently respon- cases, it would actually abrogate jury taking exams. Those who are in their sible to pay. As long as companies such verdicts and existing settlements, re- last year will be graduating and going as Halliburton and Grace are permitted quiring the injured workers to start out into the private sector or graduate to pay billions of dollars less than their from scratch. That is terribly unfair. It school. fair share, it will be extremely dif- will also greatly increase the burden on As we focus on graduation and the ficult—if not impossible—to fund the the asbestos trust. termination of an academic year, I trust at a level sufficient to fairly com- Unfortunately, there is so much think it is important to take stock of pensate those who have been poisoned wrong with this legislation that I could the financial availability of most stu- by asbestos. literally discuss the shortfalls for dents to access higher education in this Similarly, the manner of deter- hours. However, that would serve no country, and what we are doing about mining the amount that individual in- purpose. Clearly, the issues are too it as we conclude this academic year. It surers and reinsurers will contribute to complex and too interrelated to fix in a is also important to ask what will be the trust is also questionable. It ap- few days on the Senate floor. For that available next year to students who are pears to unfairly benefit some compa- reason, the Senate should reject the either starting higher education or are nies at the expense of others. The way motion to proceed to S. 2209 and send continuing their higher education. it has been structured, it may actually the parties back to the drawing board. What are the economic challenges create unintended legal obstacles to The only way to produce an acceptable these individuals and their families the expeditious payment of billions of bill is to seriously address the legiti- face as it relates to affording college? I dollars into the trust by reinsurers mate concerns of injured workers as want to spend a couple of minutes de- with the largest asbestos exposure. well as the concerns of the corporate scribing what the present situation is These funding concerns seriously defendants. as it relates to college cost, how impor- jeopardize the financial viability of the The Frist bill clearly fails that test. tant it is to have access to college, and trust and its capacity to compensate It is not a bill which reduces the high where we are today in our ability to injured workers in the manner prom- transaction costs in the current sys- try to make college more accessible ised. In fact, there is no guarantee that tem, and thus puts more money in the and more affordable. the dollars will be there to fully pay all pockets of injured workers while reduc- In the 21st century we must have the eligible victims what the legislation ing the costs to businesses and their in- best educated and best prepared gen- promises they will receive. surers. That would be a real solution. eration of Americans we have ever pro- If the asbestos trust does become in- It is a bill which merely shifts more duced if we are going to be highly com- solvent, workers will have to wait of the financial burden of asbestos-in- petitive in a global marketplace and years before they can return to the tort duced disease to the injured workers by have a growing and expanding economy system. Under the Biden amendment unfairly and arbitrarily limiting the li- to produce goods and services of in- adopted by the Judiciary Committee, if ability of defendants. Sick workers creasing value; that is, more tech- the trust was unable to fully pay would receive lower levels of com- nology and more sophistication to offer claims in a timely manner, injured pensation than they receive on average the 95 percent of the population which workers would immediately regain in the current system, and payment of lives outside the United States all over their right to seek compensation in the even those lower levels of compensa- this globe. courts. tion would not be guaranteed. That is We have seen tuition and fees at pub- Unfortunately, that right—so essen- no solution at all. lic colleges and universities go up 26 tial to fundamental fairness—has been I suggest the absence of a quorum. percent over the last 38 months. Since removed in the Frist bill. Victims will The PRESIDING OFFICER. The President Bush took office on January have to wait as long as 7 years after clerk will call the roll. 20 of 2001, tuition and fees at public col- the trust becomes insolvent before The assistant legislative clerk pro- leges and universities has gone up more they can take their claim to court. ceeded to call the roll. than 25 percent—close to 26 percent in Many of them will be dead by then. Mr. HATCH. Madam President, I ask 38 months. And, if they do return to court, the unanimous consent that the order for Last year alone, on average, tuition workers will not have the same rights the quorum call be rescinded. at a public university rose 14 percent, that they do today. Under the Frist The PRESIDING OFFICER (Ms. COL- and over 10 percent in my own State of bill, seriously ill workers can find LINS). Without objection, it is so or- Connecticut. The average total cost of themselves in an intolerable legal dered. attending a public 4-year college is now limbo through no fault of their own. Mr. HATCH. Madam President, I ask over $9,000, and for private colleges the All of us should find that unacceptable. unanimous consent that immediately average cost is $24,000. The danger that the asbestos trust, following the distinguished Senator As tuition rates increase, so does the as structured in this legislation, will be from Connecticut, I be permitted to portion of a family’s income needed to unable to meet its financial obligations speak. pay tuition. On average, 29 percent of a to the victims is very real. There is a The PRESIDING OFFICER. Without family’s income goes toward public serious risk of a substantial shortfall objection, it is so ordered. university tuition and 41 percent goes in the early years, when nearly 300,000 The Senator from Connecticut. toward private university tuition. Just pending cases will be transferred to the Mr. DODD. Madam President, what is think about that: almost 30 percent of newly created national trust for pay- the business before the Senate? a family’s income paying a public col- ment. The trust may not have the re- The PRESIDING OFFICER. The lege tuition and more than 40 percent sources to pay those claims in a timely pending business is the motion to pro- to go to a private university or college. manner. Payments to critically ill peo- ceed to S. 2290. In comparison, a family’s mortgage ple may be delayed for years, and the EDUCATION payment represents 32 percent of an- trust itself may become insolvent. Mr. DODD. Madam President, I want nual income. Education is now eating The best way to reduce the enormous to take a few minutes and talk about up more of a family budget than a financial burden on the trust in the an issue off the pending matter, if I home mortgage—the largest single in- early years would be to leave many of may, before the Senate. While it may vestment most families ever make is those pending cases in the tort system, not be germane to the subject matter owning their own home. especially cases which were close to before the Senate, the matter I want to It is estimated that approximately resolution. That would be fair to the talk about is extremely germane to the 200,000 college-ready high school grad- parties in those cases and it would American public and what they are in- uates will not pursue higher education greatly improve the financial viability terested in. That is education. I par- this year because they do not have the of the trust. Unfortunately, the Frist ticularly want to focus for a few min- resources to do it and don’t have access bill would do just the opposite. It fails utes on higher education. to the various programs that may pro- to respect stare decisis even in cases We are now coming into the months vide them some assistance. where substantial judicial determina- of April and May when students will be Apart from initial affordability, stu- tions have already been made. In many wrapping up their academic year and dents also often graduate with huge

VerDate mar 24 2004 02:34 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.081 S21PT1 April 21, 2004 CONGRESSIONAL RECORD — SENATE S4209 amounts of debt. In Connecticut, the tions and also the individuals who are It is important to point out to people average student graduates in 4 years going to be able to lead this country in the effects. We have now had a freeze in $15,000 in debt. The numbers are rather terms of the international global econ- Pell grants over the last 3 years, de- clear. omy and beyond that; individuals who spite the President’s campaign promise We are seeing a tremendous eco- are going to be able to be in the Armed to raise them. I mentioned earlier that nomic burden growing with each and Forces of this country. a Pell grant now pays about 34 percent every passing year, for families and in- The Senator is mentioning the in- of the cost of public higher education. dividuals who wish to go on and get creases in tuition. The Senator pointed It was at 80 percent when it was origi- that absolutely critical higher edu- out the costs to families: in many fam- nally passed. cation they need and we need them to ilies, the children cannot go to college. Let me also state what shrinking re- have. And if they are able to go, they experi- sources and rising costs have done. My Pell grants are such a great corner- ence increased debt. colleague from Massachusetts has stone of the Federal financial aid sys- I understand the Advisory Com- pointed out that the average student tem, but they are shrinking in value. mittee on Student Financial Assist- now finishes college in excess of $17,000 Pell grants originally covered 80 per- ance has said as a result of the increase debt. As a result of freezing the Pell cent of the cost of attending a public in tuition, there are almost 200,000 grant over the last 3 years, and the ad- university. Today, at $4,050, they cover young individuals, young men and ministration’s proposal to raise fresh- only 30 percent; and at a 4-year private women, sons of working class families man loan limits, we are now told that college, 16 percent. Imagine that, from in this country, who effectively have student debt could increase nationally 80 percent down to 34 percent. been priced out of the opportunity to by almost $5 billion. If we take student The maximum Pell amount remains continue in higher education. And re- debt, that will now grow as a result of stagnant at a time when tuition is ports point out the enormous increase not having Pell grants trying to keep going up, people are losing jobs and in indebtedness of even those who are some pace with the increased cost of extra income, and when higher edu- going to schools. We know that over education, if students have to take out cation is increasingly the ticket to a the last 10 years, indebtedness has ac- more loans, we will have student debt better life not only for the students but tually almost doubled. The average amount to $5 billion more nationally for us, as well. debt families have when they graduate than presently is the case. Today, the average low-income stu- is some $17,000. The President’s budget also froze I am wondering if the Senator re- dent has an annual unmet need of al- funding for work-study programs in ad- members that it was a few weeks ago most $4,000 in college expenses, costs dition to Pell grants. We watched, over the Senate passed a $2.4 trillion budget. not covered by grants, loans, work, or the last 38 months, tuition costs go up We had an opportunity to provide a family savings. These are the students at public universities 26 percent. Costs helping hand to students in this coun- that an increase in the Pell grant go up and the President’s budget says: try who come from working families, would most directly help. No, no, I am not going to give you a by increasing the Pell grants for the What are we doing about this? The nickel more for Pell grants. Freeze young people in this country. It was President’s budget is clearly not in the work-study. Freeze Pell grants. Not a the judgment and the decision of this best interest, at all, of serving this penny more for higher education de- body and the Republican administra- critical need that, by all accounts, we spite costs going up and here is $5 bil- tion, the Bush administration, to effec- admit is necessary. I don’t know of lion more debt to shoulder as you leave tively say no, we will not increase the anyone who does not go back to their higher education to go out and try to Pell grants, in spite of the fact—I know respective States and talk about the get a job, get into the workforce, raise the Senator remembers this—that this importance of education, the impor- a family. tance particularly of higher education, President, when he ran for the Presi- I don’t know of anyone who believes that people have the ability to earn dency of the United States, said in the that is a sound investment in the 21st that degree. final days of the campaign in the State century. I thank my colleague for rais- I am sure every one of my colleagues of New Hampshire, that he was coming those points. has said exactly the words I am about mitted to increasing the Pell grants to to share, or something similar: No one $5,100. He said, in the State of New Mr. KENNEDY. Does the Senator ought to be denied a higher education Hampshire on August thirtieth, in the agree with me that at one time we, as because they lack the financial re- year 2000: Pell grants significantly af- a nation, made a commitment to every sources. It goes to the depth of a perfect the ability of a child to stay in col- child in this country that if they were son’s drive, the depth of their char- lege or to stay in school. The future of qualified to get into any institution of acter, the depth of their ambition. It a child eligible for a Pell grant will be higher learning based upon their aca- ought not be the depth of their parents’ affected by the size of the Pell grant. I demic standing, a series of grants and or their pockets that determines am going to ask Congress to bolster loans would be available to them so whether someone can have access to a first year aid from $3,300 to $5,100. they would be able to go to the school, higher education. I am sure we all feel Does the Senator from Connecticut the college to which they were admit- that way. remember when we had an opportunity ted? Mr. KENNEDY. Would the Senator be to do something about helping middle- We saw over the period of time going good enough to yield? class families in this country, to pro- back to the 1970s, going back to the Mr. DODD. I am happy to yield to my vide some help and assistance to them, time this whole program, the Pell colleague. to ease the burden of the increase in grants and the Stafford loans were es- Mr. KENNEDY. The Senator has ap- tuition, whether there was any effort tablished, a balance between grants propriately pointed out the explosion from the Republican side to increase and loans so young people of talent of increased costs of tuition for the the Pell grants to provide this impor- could go to the schools and universities sons and daughters of middle-income tant help and assistance to these quali- to which they were admitted. families. This is basically a middle fied young students who are seeking to Now if I could direct the attention of America working-class family issue. As continue their education? the Senator from Connecticut, what we the Senator has pointed out so well and Mr. DODD. In response to my col- have seen is a complete abdication of so eloquently, it is at the heart of the league, I very clearly remember sup- that commitment in the fact of the de- hopes and dreams of every family in porting the senior Senator from Massa- clining purchasing power of the Pell this country. chusetts and his amendment that grants, and in the reduction of the I am sure the Senator would agree would have increased the higher edu- Work-Study Program. Fundamentally with me, when we talk about education budget, including, obviously, an we are saying to the young people, and cation, we are not only talking about a increase in the Pell grants to meet ex- particularly to their parents: You are better educated society; we are talking actly what the commitment of the on your own. Go on out there and bor- about individuals who are going to be President had been on this subject row, and pay a good deal for that addi- the stewards of our democratic institu- matter. We were unable to get that. tional $5 billion you will borrow. And

VerDate mar 24 2004 02:34 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.092 S21PT1 S4210 CONGRESSIONAL RECORD — SENATE April 21, 2004 there is just going to be paying the in- quarter of a million young people—the if we are going to have any hope at all terest and indebtedness for those opportunity to go on to higher edu- of meeting some of the obligations we young people in the years ahead. cation because we cannot come up with have. Would the Senator be good enough to a few extra bucks to put into a Pell I might ask my colleague from Rhode indicate whether he agrees with me, Grant Program or a Work-Study Pro- Island, give us some indication how that the whole pattern in the recent gram—if you think America benefits that is working now. Does he believe years under Republican leadership has from that, then you are deluding your- that is going to be the case? And what been to reduce the purchasing power, self. This will be the first generation would be the implications of that? the value of the Pell grant, and to re- where the older generation is actually Mr. NICKLES. Regular order. quire the students to borrow a good cutting back on its commitments in its Mr. DODD. Madam President, I be- deal more, which has meant an in- attempts to provide access to higher lieve the Senator has the floor. crease in indebtedness to these stu- education for people in this country. The PRESIDING OFFICER. The Sen- dents? And would he not agree with I hope in the coming days as we move ator from Connecticut may yield only me, when you visit schools and colleges through the appropriations process and for a question. and you meet with these young people the like, our colleagues will find it pos- Mr. DODD. Madam President, I am around recess time or lunchtime, they sible to break this freezing of the budg- responding to a question. Without are talking about their loans rather ets to make it possible for students yielding my right to the floor, I am than talking about their books? who are completing this academic year asking my colleague from Rhode Island Mr. DODD. Madam President, the and thinking about next year, or to respond to a question. Senator, again, is exactly correct. As I thinking about graduate school, or Mr. REED. Will my colleague yield noted earlier, we are talking about leaving high school and wanting to go for another question? families who are middle-income fami- on to college—that the Congress of the Mr. DODD. Yes. lies, who are lower middle-income fam- United States, the President of the Mr. REED. First, the Pell Grant Pro- ilies who are out there struggling to United States, would stand up and say: gram is in jeopardy because of its low make ends meet. As I pointed out, the We are going to do what we can. We are funding levels. As you and Senator increased cost of a public education, as going to meet that promise I made in KENNEDY have pointed out so accu- well as a private education, in 38 New Hampshire in the fall of 2000 when rately, the maximum award has not months has gone through the ceiling, I promised I would increase Pell grants been raised, contrary to the President’s outpacing the cost of anything else. In- to more than $5,000 per child. I am promise. In addition, the $3.7 billion flation has been relatively flat in the going to meet that promise before this shortfall exists today. We have taken a last number of months with the econ- term is over. step on our side to remedy the short- omy where it is. But yet in the midst My hope is we will achieve that par- fall, but it is unclear what the other of all that, we have seen a 26-percent ticular result. side and the conferees will do. So that increase in the cost of going to a pri- I see my colleague from Rhode Is- is another detriment to the Pell Grant vate college or university, and a 14-per- land. Program. cent increase to go to a public institu- Mr. REED. Will the Senator yield for But I will ask a final question of the tion. a question? Senator. The President’s budget not So we have seen this tremendous in- Mr. DODD. Yes. only inadequately funds the Pell Grant crease in a family’s income going to- Mr. REED. Mr. President, I say to Program, but it eliminates the LEAP ward education and tuition. As I point- the Senator, you were speaking about Program—Leveraging Educational As- ed out earlier, 29 percent of a family’s increasing the Pell grant, which sistance Partnerships—a collaboration income goes to pay for public univer- strikes a chord with me. Senator Pell between the State and Federal govern- sity tuition; 41 percent goes to pay for was my predecessor, the architect of ments to provide need-based grants to private university tuition. this great program. I am sure you are low-income students. The debt these kids are faced with, aware, but if you can confirm this The President’s budget also zeroes their families are faced with, is an ad- awareness, the Pell Grant program has out funds for the Perkins Loan Capital ditional strain on families who are al- a $3.7 billion shortfall because of an in- Contributions, which provides low-in- ready paying so much to see to it their crease in the number of students who terest loans to millions of low-income kids can get the education they need. have qualified for the Pell grant since college students. And we know so clearly the importance our economy has not produced jobs Additionally, the President’s budget of education. You find yourself almost over the last several years and has fails to increase funding for the cam- wondering why you have to say this. I been dead in the water until very re- pus-based programs, Supplemental don’t know of anyone who believes that cently. We, in our budget, included the Educational Opportunity Grants and for a single second this country’s abil- $3.7 billion, but I am told this funding Federal Work-Study, as well as the ity to maintain itself in a leadership might be in jeopardy in the conference, early awareness programs, TRIO and position economically and politically which would be a grievous blow to the GEAR UP. can be sustained without the proper Pell Grant Program in addition to I again inquire whether the Senator education. Thomas Jefferson said, 200 what you have described. Are you is aware that in addition to the blows years ago this year, in 1804, any nation aware of this difficulty? that have been taken to the Pell Grant that ever expects to be ignorant and Mr. DODD. Madam President, I Program, so many other Federal pro- free expects what never was and what thank my colleague from Rhode Island. grams that aid particularly low-income never possibly could be. He very appropriately points out he Americans are not being adequately If you believe that had validity in succeeded Claiborne Pell, whom the funded. I think that goes directly to 1804, you certainly must believe that in Senator from Massachusetts and I had your point, I say to the Senator, that 2004 it has even more validity, not only the great privilege of serving with. The 200,000 young Americans with talent, in terms of embracing and supporting Senator from Rhode Island knows the ambition, and drive are unable to go to our constitutional principles, but also wonderful contribution he made to mil- college because we are not providing as to the importance of being able to lions of young Americans, Americans the resources. get the education to produce the goods of all ages, but particularly young Mr. DODD. Again, Madam President, and services of high value which 5 per- Americans. I am very grateful to my colleague cent of the world’s population, which I was not aware of what my colleague from Rhode Island for pointing out lives in this country, will be able to from Rhode Island told me. I think matters I had not addressed; that is, market to the 95 percent of the world’s that is extremely important informa- these other areas of higher education. population which lives outside this tion. I would hope, as I am sure he This is an assault on higher edu- country. does, the conferees and the American cation. But more importantly, it is an Anyone who believes for a single sec- public would let conferees and the lead- assault on young people in this country ond that you can deny 200,000 young ership here in Congress know this who are going to provide the well- people, as you will this year—almost a shortfall must not be allowed to exist being. I always like to point out this

VerDate mar 24 2004 02:34 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.095 S21PT1 April 21, 2004 CONGRESSIONAL RECORD — SENATE S4211 Nation historically, even during times Would the Senator not agree with me The President’s budget eliminates 38 of our most significant crises, has that what we are talking about is basi- programs in areas such as arts edu- found a time and a place to support cally failing almost a whole genera- cation, school counseling, small school higher education. I have often pointed tion? There are 54 million elementary support, dropout prevention. You don’t out one of the first acts of Congress in and secondary school students across need to tell the American public about 1789, as we were still struggling to get this country, and then we have the mil- the importance of these things. They on our feet, was the Northwest Ordi- lions of children going on to college. make a difference every day. The fact nance, which set aside lands for edu- And now we are talking about the mil- is that we are just decimating these cation. It was a rather remarkable ac- lions who are eligible for the Head significant efforts, many of which were complishment. Think of all the things Start Program, who failed to receive achieved and were created through bi- the first Congress had to deal with. the support they need. partisan effort and support. Education was one of the top priorities Would the Senator agree with me I am deeply concerned about what is on their list. that money isn’t everything, but it is a happening to these younger people as Then right in the middle of the Civil pretty clear indication of a Nation’s they enter the school system, where we War—imagine the country divided, priorities? We make choices about want them to have an equal oppor- wondering whether we would survive as what the Nation’s priorities are. What tunity to learn, where they get a nation—the Congress of the United we are doing now, with the conclusion uncertified teachers and old textbooks, States passed something called the of the budget which we passed here, is some that say today maybe one day we Morrill Act, which was the land grant failing the children in higher edu- will land a man on the moon. We actu- colleges. I believe the University of cation. We have failed children with No ally have children using textbooks that Rhode Island—I know the University of Child Left Behind. We are failing the predate 1969 when we landed a man on children with the funding of the Head Connecticut got started as a land grant the moon. Imagine in 2004, you discover Start Program. What does that say college, and I know colleges all across your child has a science book that says about the commitment of this Nation this country got their start because of that. That happens today. Or that your in terms of the young people? And to the Morrill Act. Congress found the child walks into a biology class or money during the great Civil War to their families, hard-working American families, what does that say about our chemistry class in elementary school fund higher education. and almost 35 percent of them in poor Even before the end of World War II, willingness to reach out a helping hand rural districts and poor urban districts before the defeat of nazism and the to these families to make sure the edu- do not have a certified teacher who is Japanese empire, the Congress passed cation system is going to be the best teaching. the GI Bill. And think, if you will, of that it can be? Mr. DODD. I would say to my col- This is the United States of America. the investment made in those years, If you want us to grow and be stronger, coming off the war years, and how we league, he has hit the nail on the head you are going to have to make the in- have benefitted, when you consider a in talking about elementary and secondary education, beginning with, ob- vestments. generation of Americans which was I thank my colleague from Massachu- able to get an education and go on, and viously, Head Start and preschool efforts. He has cited the numbers, and he setts for raising these issues about how we have been paid back a thou- both elementary and secondary edu- sandfold by the contributions of a gen- is absolutely correct. But more than the numbers, when you start to talk cation as well as higher education. The eration of young Americans who fought American public needs to know this. in World War II, who were able to get about the dollar amounts, I think you can probably see the eyes of even the Mr. KENNEDY. If the Senator will an education, and then provide the yield for a final question, I think the kind of innovation and creativity and most determined listener to glaze over. When I talk about an $8.6 billion short- Senator from Connecticut has the jobs and incomes that has helped us floor. Before we leave this discussion, I grow to the great Nation we are in fall to No Child Left Behind this year alone, shortchanged more than $26 bil- have heard the resolution of the Sen- terms of economic strength. ator from Connecticut, his determina- So there was the Northwest Ordi- lion since passage, I am disturbed. It is tion. I would like to ask him whether nance, the Morrill Act, the GI bill, gen- the children and the families them- he intends to battle with the rest of us erations that understood the impor- selves that feel the shortfalls. Families in the remaining days of this session to tance of investing in education. Here lacking the kinds of investments that try to provide that kind of help to we are in the 21st century, we have a we know make a difference in their these working families in these areas President that not only doesn’t have children’s educational lives. an idea about how to increase re- We know categorically, after more of education. Does he not agree with sources for higher education, he wants than a quarter of a century of watch- me that this ought to still be a pri- to cut back on what we have. How do ing, the benefits of the Head Start Pro- ority, and that even as we are coming you explain that to the American peo- gram. It gives them that even start. into the critical times of the appro- ple when we are trying to increase the When they enter kindergarten or the priations committees, we will have opportunities for higher education? first grade, it puts them on a level some opportunity to continue this bat- I thank my colleagues. playing field with other children who tle and call Senators to account to find Mr. KENNEDY. Madam President, if come from slightly more advantaged out whether they believe it is the re- I may ask the Senator, we have talked situations than they may have. sponsibility of this institution to con- about higher education. Does the Sen- We know that getting Title I money tinue to invest in the children of our ator not agree with me that we have into our school districts has made a country and to continue the opportuni- seen cutbacks in support for K- 12 as huge difference to schools, and cer- ties of education, and that is the high- well? We have seen the failure of fund- tainly we need to be doing far better on est priority we have here? Do I hear ing No Child Left Behind, which has special education. But to give some from the Senator that he will join in left 4.6 million children behind. So we idea of what these shortfalls mean, this that battle and continue to fight for are leaving the children behind in high- year alone over 7,500 school districts those children? er education. We are leaving them in are going to see their elementary Mr. DODD. Madam President, I com- No Child Left Behind. school funding cut this July. Millions mit to my colleague and to others as I would like to ask the Senator from of disadvantaged children will be left well. This has been an ongoing effort. Connecticut as well whether he is not behind because of inadequate resources It will be a continuing one. Nothing is concerned, as I am, about the failure to in Title I. More than 1.3 million chil- more important. I have often said, if fund the Head Start Program which dren won’t receive afterschool services you can only solve one issue, I would reaches out and helps 4-year-olds and 5- because of funding freezes that have oc- choose this one. I don’t think there is year-olds prior to the time they enter curred. Teacher quality, English lan- any more important problem to solve. kindergarten, to give them skills and guage acquisition, impact aid, rural Not that others are not important, but help in building confidence so they can education all have been frozen in this if we fail to address the education ques- gain knowledge and understanding in country despite the increasing de- tion effectively, then we leave every their early years in school. mands that have occurred. other issue in jeopardy, to chance.

VerDate mar 24 2004 02:34 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.097 S21PT1 S4212 CONGRESSIONAL RECORD — SENATE April 21, 2004 That goes to the heart of endorsing and you will find that, all things being yers in the country, having the thrill supporting our constitutional prin- equal, most trial lawyers will likely to be able to compete with them. In ciples, our values system, as well as support with their voices, and espe- many cases, I would win against them. our economic growth. cially their wallets, the Democratic We all have to recognize that the I am not minimizing other issues. I Presidential nominee and other Demo- work of personal injury attorneys on am often asked, as we all are, what is crats across the aisle. They are the asbestos litigation has dated back 30 or the single most important issue we largest single hard money donors to more years. Without the hard work of have to deal with. Obviously issues of the Democrats—the liberal Democrats. these lawyers, it is unlikely the U.S. going to war, sending young men and It is hard to find any conservative would have come so far in responding women into harm’s way, amending the Democrats, other than one I know of to the dangers of asbestos. It is the Constitution, confirming a justice to over there. success of the trial attorneys that put the Supreme Court are high on that If I offended anybody by repeating in us in the position of recommending leg- list. I would place education as the No. public a widely known dynamic, I guess islation that calls for a private trust 1 priority, a substantive issue that I should apologize. I also recognize that fund to compensate asbestos victims ought to be on every one of our lists. I am unlikely to be the American Trial without the need for each one to estab- I thank the Senator for taking a few Lawyers’ man of the year awardee. I lish causation. minutes out of today to talk about am a member of that organization. I In short, personal injury lawyers this. There will be other opportunities know a lot of great trial lawyers who have won the case, and they won it to raise these concerns and these ques- are honest, decent, and do what is right long ago. What this legislation is try- tions, and I hope that before this ses- in serving the American people. They ing to do is sort out who pays and how sion of Congress ends, we will have a know that when they are right, I am on much, and do so in a fashion that mini- more effective result for the American their side. But in this case they are not mizes the transaction costs so that people. right—the few who are abusing the more of the money goes to the injured The PRESIDING OFFICER (Mr. AL- laws. persons and less of the money gets EXANDER). Under the previous order, Seriously, if in this debate I have swallowed up in litigation, and the the Senator from Utah is recognized. sometimes come down too hard on per- courts can get unclogged, and so that Mr. HATCH. Mr. President, I have sonal injury lawyers, I have done so be- other fairly brought litigation can be been interested in this discussion. It cause I am concerned that what stands heard. has nothing to do with asbestos, but in the way of a much needed asbestos In compensating asbestos victims, we nevertheless an important discussion. I bill is the handful of overzealous, must be mindful not to corrupt more have to say I have taken great interest greedy personal injury lawyers—just a and more firms, which results in more in the education processes myself. The handful of lawyers in this country. I and more job losses, and more and other side just thinks there is money don’t intend to malign personal injury more loss of health care, and losing growing on trees. Frankly, there is lawyers as a class. I believe personal more and more value in retirement never enough money to satisfy them. injury attorneys can serve and, in stock portfolios, and more and more All of us wish we could do better. I many cases, have served a vital func- loss of pensions. That is what we are wish every school district in the coun- tion for many injured plaintiffs. trying to do here. try would teach music because it soft- While I don’t always see eye to eye All I hear is whining from the other ens kids’ lives. When I was a young kid, with the personal injury bar, when I side. We have heard a lot of talk about I was born on the wrong side of the think they are right, I don’t hesitate to how much the bill costs and how much tracks. I was a tough little kid. My say it and they know it. I had plenty of it will pay out to victims. We heard mother made me learn the piano for 6 them thanking me for saying so when talk about who pays, and how much, months and then made me play the vio- they were right during the discussion and whether they are paying enough. lin, and that made me even tougher, over the tobacco legislation in 1998. I If we ever get on the bill, we will carrying that violin to school. I have was impressed with Richard Scruggs, hear more talk about these important to say that softened me and gave me a or Dickie Scruggs, in the Castano issues, as we should. I have no problem soft side to what some people think is group of trial lawyers. I think many with that. But they are filibustering a fairly tough guy. So I commend my trial attorneys played a constructive even the motion to proceed. My gosh, colleagues for wanting to do more. But role in reaching a historic compromise when are the American people going to having Democrats call for more and with the tobacco industry. I helped understand what is going on? They more spending is a little bit like a them, and they know it. They were have filibustered virtually everything glutton who has eaten everything on right and I backed them. Some in Con- that has come up this year. It is going the table and now wants more. gress held out for so much money that to take a supermajority to pass the There is no end of the spending that it was impossible to pass Federal to- simplist of bills the way they have they would do, even if we do have a $1.2 bacco legislation. The theme of some been carrying on. It boggles my mind. trillion deficit. This President has all in Congress holding out for too much But that is what is at stake in tomor- he can handle. There is no question money is applicable to the asbestos de- row’s cloture vote. about it. I commiserate with him. I bate. Will we vote for cloture so we can also look at the outrageous costs of In any event, the work that a gifted talk about the issues on the bill itself? some aspects of higher education group of trial lawyers did with Mis- I hope we will proceed to the bill. But brought into discussion here, what a sissippi Attorney General Mike Moore it shows the politics that are being gravy train it is for some people in deserves a lot of credit. I supported played. For my friends on the other many universities, and how tuition has their efforts publicly and even provided side to come on the floor and say this gone up so much to pay for the gravy my support for reasonable compensa- bill doesn’t do enough, after we have train. It reminds me of the trial law- tion for those attorneys. I am not given and given and given in to their yers we have been talking about with afraid to speak up for trial attorneys suggestions time after time, or to say respect to asbestos reform. when I think they are right. I irritated it is not procedurally proper or not Mr. President, I wish to respond to people on my side who felt they should written right, after 15 months of dedi- some criticism some friends across the not get the compensation that I think cated, hard effort—I have to say by a aisle have made regarding my com- they more than earned. few Democrats, and by many on our ments about personal injury lawyers. Frankly, as a former medical mal- side—it goes beyond the pale. In particular, I have been criticized for practice defense lawyer, I liked noth- It is true that I have irritated some repeating in public on the floor of the ing more than to go up against the best personal injury lawyers in some of my Senate what many people are saying in plaintiffs’ attorneys for the pure chal- remarks. The ones I am talking about private—that there is a political tie be- lenge of competing against the most deserve irritation. I don’t believe they tween many of these trial lawyers and skilled adversary. As a plaintiffs’ law- are honest. I believe they are exploit- many of my friends across the aisle. I yer, I liked nothing more than having ing a system and taking moneys that don’t think it is news that, as a rule, gone up against the best defense law- should go to people who are sick. What

VerDate mar 24 2004 02:34 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.099 S21PT1 April 21, 2004 CONGRESSIONAL RECORD — SENATE S4213 I am about to say may further irritate interest of getting this done, in the in- cating that the customary one-third of them and some of those across the terest of helping these people, to even the award can go to the lawyers, then aisle. do that. we are not that far apart as to how I have some important questions to Running a program to compensate much money should go to injured raise with respect to attorneys’ fees. workers out of the Department of workers and families. We should work Frankly, the issue of attorneys’ fees is Labor may be somewhat akin to volun- together to see if we can agree on a a key issue because it is critical in de- tarily playing the Celtics in the Boston reasonable level of compensation for termining how much of the funds will Garden. We made a genuine concession these attorneys. I call them the Fred actually end up in the pockets of the on the administrative process, as our Barrons of this world and other per- injured people. As I have said, today colleagues know. We have repeatedly sonal injury lawyers who are bringing about 60 percent of the funds wither asked them to recognize it is appro- these suits in selected favored jurisdic- away to lawyers on both sides of these priate for them to act in a spirit of tions so they can get easier verdicts. I cases. You can expect that about one- genuine compromise with respect to at- challenge them to come in and tell us third of any recovery will go to the torneys’ fees. what would be a reasonable level of at- plaintiffs’ attorneys. In a no-fault, non- Let’s face it, numbers are flying torneys’ fees, and let’s quit playing the adversarial compensation system, around in this debate. One way that game. there should be no place for the routine the difference between our respective This is a no-fault, nonadversarial attorneys’ fee level of one-third of the proposed level of total claims can be system that does not justify the type recovery. bridged is to reach agreement on the of attorneys’ fees that have been rip- Accordingly, in our bill, we employ appropriate level of compensation for ping off the public, especially the sick, the same fee schedule used by the Radi- attorneys’ fees. But we cannot even get the weak, the feeble, and the injured ation Exposure Compensation Act, or them to talk about that. Even if we the way the current broken tort sys- RECA. In the RECA law—a bill I wrote could, we could not talk about it be- tem is. I have no doubt that public dis- and passed through this body a number cause we are on a filibuster on the mo- cussion of this issue may bring great of times—the lawyers’ cut is 2 percent tion to even proceed to the bill. Once consternation among the ranks of some of the recovery in noncontested cases, we go to the bill, we would have a fili- of my Democratic friends due to their and 10 percent for complicated cases. buster on that, if we can ever get to close relationships with many in the These cases are like rolling off a log if that point, but at least we would be trial attorney bar. But if we are ever this is passed. Lawyers do not deserve able to be on the bill. going to have a meaningful no-fault 60 percent in defendant and plaintiff at- We believe the RECA, the Radiation trust fund asbestos bill, we are not torneys’ fees, in addition to the trans- Exposure Compensation Act, exposure going to be able to guarantee and action clause. The fee schedule results level of 2 percent of noncontested cases should not be asked to guarantee the in the lion’s share going to the injured and 10 percent for contested cases is usual one-third to 40 percent of the persons and their families. This is the both fair and reasonable because both take going to the plaintiffs’ trial law- way it should be in the radiation expo- cases will be easy for the plaintiffs or yers regime. One-third or more going sure cases involving downwinders of those who claim to be sick to get com- to the lawyers is simply too much, es- nuclear tests, and this is the way it pensation if they are sick. pecially in a no-fault, nonadversarial should be for asbestos victims. This is What do our friends across the aisle system. what is in our bill. It is a long settled think about this? What are they pro- The unions should recognize this, and way of solving these problems and a posing on this important issue? I ask the public should recognize this, but reasonable way that pays the attorneys they be specific so we and other inter- most of all these lawyers ought to rec- what they should be paid—actually ested parties can evaluate their posi- ognize this and quit ripping off the sick more, in many instances—but it stops tion on this essential question. We and the downtrodden and those who the gravy train that is ripping off the have only been negotiating with them really deserve these moneys. sick and needy who have suffered from for 15 solid months, and we still do not The silence of my friends across the asbestos. have their suggestions. Yet they are aisle on this issue, both in private and What is unknown is what our friends saying: Oh, this is just too premature. public talks, is deafening. When we did believe to be a fair level of compensa- That is after many of them said last the RECA bill, I was chairman of the tion for personal injury lawyers in this year we should have gotten this bill Labor Committee. I fought that bill new no-fault system. I ask today for done before the end of last year’s ses- through for years until we finally were our colleagues to come to the floor and sion. able to get it done. All these people are tell us if they support or oppose our When is it going to end? When is this asking for more money for education, proposed attorneys’ fees levels, if they kind of phoniness going to end? A great more money for all the social pro- believe our 2 percent for uncontested deal of the difference in the compensa- grams, more money for this, more cases that are like rolling off a log, and tion levels, in each of our respective money for that, and they were the ones 10 percent for those who might have levels of total compensation, in our bill who were giving us a rough time. Fi- some small contest, and they will still it is $114 billion plus a $10 billion set of nally, after I was reelected, they then be like rolling off a log compared to contingency funds, and in one widely realized we better get on the ball and litigation in trial. If this provision is cited Democratic claim values amend- do something about this. That is how not proper, please tell us how they ment $167 billion can be bridged by fac- the radiation exposure compensation would do it. We have not had the toring in the share that can go to per- law, which is now followed by countries slightest suggestion from them. sonal injury attorneys. all over the world because of what we If they believe it is still appropriate I do not want to cut them out from did, is now law, compensating people, to retain attorneys’ fees of 33 percent reasonable fees, but I do think $60 bil- not very much for the suffering they to 40 percent or higher, please explain lion is unreasonable because that went through, nothing like we are why this is fair or necessary in a no- money comes out of the hides of the going to compensate from the private fault, nonadversarial system that this sick people. No wonder attorneys in sector, no way near what we are going bill would make into reality. In the this country are so looked down upon, to compensate here. spirit of good faith, we agreed to move especially personal injury lawyers. I The silence of my friends on the the program into the labor-friendly De- happen to know about 90 percent of the other side of the aisle, both in private partment of Labor. The Secretary of ATL people are sick of this and sick of and public talks, is deafening. I heard Labor does not favor this. The White this 10 percent who are running wild some of my colleagues, who I respect, House does not favor this. I, frankly, taking advantage of the whole system come on this floor with a straight face do not favor this. I am afraid that will and basically destroying the right of and say this is not the right way to do run the program into the ground be- individual sick people to get adequate it, although last year it was. They were cause the Labor Department has been compensation. talking about this administrative ap- controlled by liberal bureaucrats for This bill would take care of that proach is the right way to do it. Why many years. But we are willing, in the problem. If the Democrats are advo- isn’t it the right way to do it during a

VerDate mar 24 2004 02:34 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.102 S21PT1 S4214 CONGRESSIONAL RECORD — SENATE April 21, 2004 Presidential election year? I ask the merit whatsoever, especially when ward drafting a bill that would create a people out there watching and listen- viewed against the legislative history national privately financed no-fault ing, why is it they suddenly think this of this asbestos bill. compensation fund for asbestos vic- is not the right way to do it when we While we have tried to build con- tims. As word spread about our efforts, put up even more money before, giving sensus over the past 15 months, thou- warning flags were raised. Some in the in on at least 53 different amendments, sands of asbestos victims have gone un- minority on the other side of the aisle have moved this into an administrative compensated or left with only pennies urged us to move slowly, not to rush; process in the Department of Labor on the dollars they deserve. Veterans more time was needed; more talk was that many on our side question? Why is and people like those in Libby, MT, are needed. it that they are still balking at this in left with no one to sue. More than 70 We finished drafting the bill and we this Presidential election year? companies have gone bankrupt and shared it with others, both in the Sen- I think there is only one conclusion dozens more will soon follow. ate and among interested shareholders. most people are drawing, and I hate to Since we started working on this leg- There was real interest and we were see that. I hate to see that. If they do islation, 60,000 jobs have been already given several good ideas and sugges- not like this bill, they should offer a lost at a cost of more than $2.2 billion tions. Unfortunately, for the first time substitute amendment. Let’s have it in lost wages alone. Let me repeat the minority’s caution chorus took out. Maybe they will win. Maybe these these numbers so they can sink in. voice: We’re being rushed; we’re being 8,400 companies and 16 insurance com- Sixty thousand jobs have been already jammed. panies will get clobbered even worse so lost at a cost of more than $2.2 billion This is the minority’s caution chorus they can barely survive, and some are in lost wages alone, and sadly another of worrisome lions. This is what we still going to go into bankruptcy. They 400,000 jobs will soon be lost. Yet we have been going through now for 15 certainly will if some of these people still talk. There are compelling calls solid months: Do not rush us; do not do with their outrageous demands get for action. There are empathetic ex- this; do not do that; we must be cau- their way. It is time to stop talking pressions of compassion for victims. tious. generalities and start voting on spe- There are meetings and letters, prom- We were rushing them, we were jam- cific amendments. ises of solutions to come and proposals ming them; according to them; I was I want next to make a few remarks to be made, and yet for all of this acting unfairly. All this drama was about the process that has been ob- ocean of good intentions we are all still over a bill that I had not even intro- served to date and why I will be very stuck. duced. disappointed if we are not allowed to Frankly, much of the current asbes- I had listened for hours and hours, proceed to the bill tomorrow after the tos litigation is all too reminiscent of worked with my colleagues on both cloture vote. Just think about it; they the mythical Jarndyce case from the sides of the aisle for days, weeks, and months. They asked that I delay intro- are filibustering the motion to proceed. Charles Dickens ‘‘Bleak House.’’ As my duction. They asked that I delay intro- They could have easily given in just colleagues will recall, this was a case duction so they could have more time like that and said, No, let’s go to the in which most of the estate was swal- to study the issue and my proposal, bill, and we will filibuster the bill. lowed up by lawyers’ fees and court which I did. We had more meetings, That would be the straight up way of costs. more talk. I incorporated several of doing it. But to filibuster the motion One has to ask how and why we got their ideas into the bill and asked if to proceed means they must be be- to this point. In September 2002, when they would cosponsor it. Senator LEAHY chaired the Judiciary holden to somebody to pull that kind Now I am pleased that a few did. I am Committee, he held a hearing on the of a procedural mechanism. That does forever grateful to those on the Demo- asbestos litigation crisis. I commend not happen very often, and it should cratic side who did. There were two not be happening here. Senator LEAHY for his efforts. The who did—two, after all this work. Fif- Frankly, that we are being forced to hearing was balanced. It was instruc- teen months later, we are down to one. vote cloture is disturbing to me and tive, providing valuable evidence of the More said that it was not the right should be disturbing to everyone, al- dire circumstances for asbestos vic- time. They were upset with the way I though I do recognize if cloture is not tims, employees, companies, and insur- had shared my draft legislation. invoked, it would be pleasing to these ance carriers. The judicial system and On May 22, 2003, Senators NELSON, few trial attorneys who are milking the American economy at this national MILLER, DEWINE, VOINOVICH, ALLEN, this system dry at the expense of those embarrassment was left intact. That CHAMBLISS, HAGEL, and I introduced S. who are sick and afflicted and down- was a year and a half ago. 1125, the FAIR Act. The minority’s cau- trodden. They will not have to see if When I became chairman of the com- tion chorus sang again. These miser- their customary one-third or 40 percent mittee 4 months later, I immediately able, cowardly lions sang again. They of representation in the asbestos made it clear that I wanted to build on were being rushed. They were being claims in the new no-fault system can that record, draft a bipartisan legisla- jammed. be justified on the floor of the Senate. tive solution and pass it. Almost imme- In truth, I introduced the bill 78 days That is just matter of fact and people diately, concerns were raised, warnings after my hearing, 20 weeks after the be- need to know it. That is why I am here were issued: You are moving too fast, ginning of the session, 6 months after on the Senate floor. some said. The issue is not ripe, others the hearing of 2002. This was clearly no I rise today in response, again, to advised. You better get it right, others sprint. complaints that I have been hearing still warned. On June 19, I held the first markup. from some Members on the other side Two months later, on March 5, 2003, I Again, the minority caution chorus of the aisle about being rushed to con- chaired another hearing. Some of the took over again and took voice. The sider a national solution to this asbes- same witnesses from before appeared issue was still too complex. The bill tos mess. As many of my colleagues again and the testimony made it abun- was too complicated. We were not know, the asbestos litigation crisis is dantly clear that while the problem doing it right. They were being rushed. not new to this body. We have been had gotten worse, there was bipartisan They were being jammed. They asked talking about the problem for the bet- interest in the idea of creating a na- for more time, and they were given it. ter part of a decade, but now that we tional trust fund. We heard solutions Unlike ever before, the committee’s find ourselves on the verge of consid- from a variety of perspectives—from markup of the legislation was spread ering a proposed solution, I am puzzled academia, from business, from the over 3 weeks, 3 solid weeks. We spent 4 to hear that the process has somehow unions, and from trial bar experts. I separate days—not many bills take 4 been unfair, that we are not acting as made clear I would incorporate any days to mark up—considering changes, ‘‘proper legislators’’ for bringing this constructive proposals offered. I want- often working late into the night. We bill to the floor under the current cir- ed a bill that would work. I wanted it invited experts to sit with us as we cumstances. to be a bipartisan bill. worked through complicated medical I think anybody with brains would As a result of hearing the magnitude issues. This was no sprint, no rush to find these complaints devoid of any of the asbestos problem, we worked to- judgment. There was no mad dash.

VerDate mar 24 2004 02:34 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.104 S21PT1 April 21, 2004 CONGRESSIONAL RECORD — SENATE S4215 Interestingly, when there was en- problems. Well, it does not take much made, the caution chorus was being gagement from the other side, agree- to figure out their concern here is more rolled out: We are being rushed. We are ments were reached. In fact, the com- about the trial lawyers and the per- being jammed. Every time it was rolled mittee was able to resolve what at the sonal injury lawyers who are involved, out by the other side of the aisle. time was supposed to be the biggest because they are sure not working There was always some reservation; impediment to reaching a consensus, hard, in my eyes, or I think anybody Things were moving too fast; There an issue so fraught with partisan dis- else who looks at it objectively, to find were other more important issues; agreement that it could never be re- a way of helping those who are truly They hadn’t been asked the right way; solved. injured and hurt. They were being rushed; They were In the end, we accommodated scores Now, while these efforts were making being jammed. The reasons changed of concerns raised by the minority and little progress, work was underway on but the result was always the same—no found a common ground on medical another front beginning in August. real negotiations. In fact, to this day criteria that everybody, Democrats and Senator SPECTER began an intriguing, we do not have a substitute or an offer Republicans, agreed to. It was a major arduous mediation among the major by those who are complaining on the victory. This bipartisan accord was stakeholders. That means the victims, other side—to this day. We don’t even achieved and the committee adopted it the alleged victims, the trial attor- have a monetary amount other than unanimously. This was one of the most neys, the personal injury lawyers, the they have thrown out $170 billion, ideologically divided committees in the insurance companies, the companies which everybody knows cannot be the Senate, some say the toughest com- that have been sued, and companies number. mittee in the Senate with those who that are about to be sued. He took on During my tenure in this body, I are the most ideologically challenged, I this job. I give him a lot of credit for worked with my colleagues in the mi- should say, and I cannot disagree with it. He convinced Judge Edward Becker, nority on a number of issues, on land- that. former Chief Judge of the Third Fed- mark drug legislation, the Hatch-Wax- The next impossible hurdle was eral Circuit Court of Appeals, to play a man Act, which gave life to the generic claims values. Again, I was told there lead role as a negotiator, as a medi- drug industry and saved consumers and was no way a group so divisive, so ar- ator, for which Judge Becker is emi- our Government tens of billions of dol- gumentative, so plainly disagreeable as nently qualified. He and the judge lars since 1984. I worked with minority the Judiciary Committee could reach forced the parties to spend dozens and Members on children’s health insur- an agreement on how much to pay vic- dozens of hours together. We were ance, on childcare, on tax reform, job tims. Now, despite the dire predictions, there, so we do know. training. I have worked with them on a bipartisan agreement was reached We spent hours and hours, days, issues involving crime, on legal reform, again. The committee adopted the weeks, and months, arguing the posi- and a whole raft of other issues. Graham-Feinstein amendment on tions and searching for a common The Members of the minority are ex- claims values by the whopping bipar- ground. Senator SPECTER and Judge cellent legislators and skilled nego- tisan vote of 14 to 3. Now I just want to Becker should be commended for their tiators. They have insightful and cre- mention to my colleagues on the other Herculean efforts to keep the parties ative staffs. I have worked with them side that every one of the Democrats talking and, despite the objections of when they wanted to pass a bill, and I voted for that. Three of our Repub- the representatives and the personal know what it is like when they want to licans thought it was too much money injury lawyers, there was progress— pass a bill. I have worked with them and they voted against it, and they slow, incremental, but progress. The when they do not, and I know what it may not have been wrong. The only unions played a significant role. They is like when they do not. I am telling problem is that we are way beyond were there virtually all the time. you this is a time when they just don’t that money today. However, we have never been able to seem to want to, because there has I might add that all of these negative satisfy them, even though their work- been plenty of opportunity to resolve votes were cast by Republicans who ers are the ones who are going to be this matter. thought some values were too high. As hurt the most if this bill doesn’t pass. It is not hard to tell the difference. my colleagues know, we are more mod- They are the ones who are not going to When there is a genuine interest in leg- erate to conservative over here, and I get compensated because the moneys islating, one of two things happens. A cannot blame them for raising those are being sopped up by personal injury member of the minority leadership issues. lawyers and people who are not sick becomes on at the outset and his or her On July 10, 2003, despite the constant cause these personal injury lawyers are presence and commitment helps to wailing from the minority’s caution going to jurisdictions that basically generate sufficient pressure on both chorus again, we reported the bill out are out of whack, that really will not sides to move legislation. of committee by a vote of 10 yeas and look at these things in a reasonable The second way, the minority offers 8 nays and 1 abstention. We all knew way and who basically find for whoever their own version of the bill enabling more work had to be done before the brings the case and find in huge both sides to sit down and work legislation could be brought to the amounts for people who are not even through the differences and craft a floor. We also knew there would be no sick in many cases. compromise. bill unless there was a willingness on I compliment Senator SPECTER and Here there was no move by the mi- both sides to pass a solution to move Judge Becker. There has been some nority’s leadership and there was towards the middle. slow progress during that period of never, despite repeated and frequent re- As summer turned to fall, there were time. quests, any interest by the minority in sporadic attempts at additional nego- During the fall, Senator FRIST and I introducing their own solution. In- tiations involving committee staff, as spent considerable time working with stead, they chose to spend their time well as among the leadership. Minor those who would be paying for the fund finding fault with our legislation and matters were resolved, but there was to ensure its solvency. It was impera- complaining about our process. no evidence on the part of the minori- tive that the bill establish a steady and Another concentrated effort to move ty’s leadership of any real interest to sufficient flow of moneys without al- the bill was made in November, last engage in the kind of meaningful effort lowing the fund itself to perpetuate the year, and not surprisingly the caution needed to finalize a bill. Individual same kind of economic disasters caused chorus came out and began singing its members of the minority were very by the tort system as a whole and by song again: We are being rushed; we are public about their interest in legis- the tort system with regard to this being jammed, even though there were lating, but those purportedly tasked type of case. a number of Democrats who stood up with the negotiations did not possess By the end of October, these issues and said they had to get this done be- the same zeal. had been completed and there was a re- fore the end of this year. We have heard, for my whole 28 newed attempt to begin negotiations Where are the real Democrats? That years, how much more concerned the with those on the other side of the is what I would like to know. The pres- other side is about people and their aisle, but every time an overture was sure continued, however. Interested

VerDate mar 24 2004 02:34 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.107 S21PT1 S4216 CONGRESSIONAL RECORD — SENATE April 21, 2004 stakeholders would not take no for an counteroffer, none of the typical give I was told by many at the beginning answer. Hints were made about bring- and take that is the hallmark of seri- of last year that when I embarked on ing the bill to the floor, even if it re- ous negotiations in this most impor- this legislation the Democrats would sulted in a filibuster. Suddenly the tant legislative body in the world. It simply run out the clock. They will message changed. Now we were told the was like trying to play tennis with a never let us vote on a bill that could minority’s leadership wanted to find a curtain. There is never any meaningful deprive them of their huge cash cow. resolution, that there was bipartisan discussion of what the payers, the ones First, Democrats would push into the interest in passing a solution. It was who have to pay these bills, most de- election year, they said. Then they implied if we would just postpone con- sire and, frankly, they deserve: a fair would filibuster a motion to proceed. sideration to early next year, there and predictable payment schedule. That is exactly what has happened so would be ample time to finish work on Whatever we do is going to be tough far in their zeal to make sure that this bill. on the payers here. This bill is plenty their hard money donors get their way The majority leader agreed and on tough on the payers. Don’t think they at least this year—an election year. It November 22, 2003, he announced he are not squealing; they are. is not too late to change that. would not bring up the asbestos bill It was now obvious even to the most Let me just say that the caution cho- prior to the end of the session. Instead, optimistic Member of this Chamber rus is sounding like a broken record he would give the parties additional that it would be impossible to bring a that needs to be shut off. It has been time to complete their negotiations. consensus bill to the floor, one sup- 333 days since S. 1125 was introduced. But he made clear his intention of ported by the leadership of both par- A hundred years ago, it took Chris- bringing the bill to the floor this year. ties. We are hearing Senator LEAHY has topher Columbus only 222 days to dis- His announcement was well received at last put together an alternative pro- cover the new world and return to by the other side. I remember. As this posal on this national trust fund. Has Spain—one of the most remarkable dis- year began, it was clear from the out- it been introduced? Have we even seen coveries in the history of the world. It set that, despite the promises of No- it? Of course not. The only choice left took Neil Armstrong only 8 days to vember, little had changed; there were was to bring a bill to the floor and hope travel to the Moon and back. Our fore- no real breakthroughs. So, in Feb- enough Members of the minority fathers were able to write the U.S. Con- ruary, the majority leader announced thought the issue was of sufficient im- stitution in only 4 months. But some- his intention to bring the bill to the portance, as they have repeatedly said, how there hasn’t been enough time for floor the third week of April. But yet to allow the Senate to consider this the minority to help write this bill al- again the caution chorus rolled out its bill. though they have had a lot of say and usual objections: The issue was too To help facilitate discussion, I intro- have had a lot of concession. We have complex; the legislation was too com- duced, with Senator FRIST and Senator tried to do everything to bring them to plicated; they were being rushed; they MILLER from the other side of the aisle, the table and get things done. Here we were being jammed. Indeed, we even of- S. 2290, a second version of the bill find ourselves in a filibuster on the mo- fered to engage in protracted negoti- which incorporated many significant tion to proceed. ating sessions, but again the Demo- changes that have been made since the This caution chorus of cowardly lions crats demurred. legislation was first introduced and reminds me of what is going on. Of In February, my staff sent an e-mail first reported from the committee. course, there was one big difference. In to Democratic staffers proposing a That is the legislation before us those historical examples, the players multiday negotiation to seek a resolu- today. It contains the bipartisan agree- actually wanted to finish. They actu- tion of the issue. It contains an offer to ment on medical criteria. It contains ally wanted to discover an America. meet during all-day sessions, ‘‘during the agreement reached by the stake- They actually wanted to go to the recess weekends, or weekends during holders on the revised administrative Moon. session.’’ structure and numerous other changes Over these 333 days, we have had nu- The response from the minority was adopted during the Specter negotia- merous congressional recesses and holi- unambiguous: Don’t rush us. Don’t tions that have all been to try to get days. Just look at this. Over 333 days, rush us. the Democrats to move on this bill. It and we are now under a filibuster. That Senator SPECTER, to his credit, kept pushing forward and, as a result of his contains the handful of changes agreed comes from the Spanish word efforts, the stakeholders reached agree- to by both sides since the bill was re- ‘‘filibustero,’’ meaning pirating or hi- ment on what was supposed to be an- ported out of committee. It also con- jacking. It is just one more obstruc- other impossible hurdle, the adminis- tains higher claims values passed by an tion. We have had nothing but obstruc- trative structure, which I mentioned overwhelming bipartisan vote of com- tion since George Bush has become earlier. mittee and incorporates yet another President of the United States—over The proposal was not to our liking. It monumental change and another fun- and over. There have been very few would require a fundamental change in damental concession to address the bills passed, and the ones that have our position, allowing the fund to be complaints by the minority. passed have had to overcome the ob- run out of the Department of Labor, We have included provisions in the structionism. My goodness. There are but because organized labor signaled bill to make clear that the risk of in- some Democrats who have been willing its strong support for this change and solvency will not be borne by the as- to overcome obstruction, but on this because we wanted to reach consensus bestos victims; it will fall on the de- one, it has not been brought to conclu- on other critical issues remaining on fendant companies and their carriers. sion. the bill, we agreed and we agreed de- If there are insufficient moneys, the We have had one entire summer, the spite the objections from many on our fund will terminate and parties will re- fall, winter, and we are quickly work- side of the aisle and in spite of the ob- turn to the tort system—to Federal ing our way through spring. How much jections from the White House. courts. There is no point in sending it more time is needed to sit down and The minority, instead of accepting back to the State jurisdictions that get this matter resolved? The time has this concession, instead of endorsing created the asbestos crisis in the first come for the minority to stand up and this considerable victory for organized place. be counted. labor, made it clear that this signifi- Here we are today. The time has If they are genuinely troubled by our cant agreement meant nothing more come to act. The day of decision has proposal and all the agreements we than a chance to bank an advantage. arrived. Unfortunately, to no one’s sur- have reached with them, they have an They offered no alternative. They re- prise, the caution choir is on its feet obligation—indeed a responsibility—to vealed no new proposal or compromise. again, or somewhat on its feet, I guess offer their own solution. The challenge In fact, it is reminiscent of the style of I should say: They need more time; the is on them. Introduce a bill. Make sure negotiation that says: What is mine is issues are too complex; the bill is too it strikes the same balance demanded mine; what is yours is negotiable. long; they weren’t consulted the right of us. Make sure it is fair in the way we Nonetheless, additional proposals way; they were being rushed; they are have tried to make it fair. Make sure it were made but there was no being jammed. provides adequate moneys for asbestos

VerDate mar 24 2004 02:34 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.110 S21PT1 April 21, 2004 CONGRESSIONAL RECORD — SENATE S4217 victims. Make sure it provides com- defense costs and attorneys’ fees them- people who are sick. I don’t begrudge pensation quickly, efficiently, and fair- selves, so the moneys that would go to attorneys the fees they earn. We have ly. Make sure it does not reward the the sick and the needy, those who real- more than made a case that the system unimpaired, those who aren’t sick. ly need it, go down the drain of legal is broken. There are a certain limited Make sure it is not hijacked and turned fees, clogging our courts so that other number of personal injury lawyers who into a smokers’ compensation fund. legitimate cases can’t be brought. are taking advantage of the system and Make sure it does not bankrupt more Again, I will return to that message. doing it in ways that are reprehensible. companies and throw hundreds of thou- Why is it that we are going through Mr. SESSIONS. I thank the chair- sands of Americans out of work and out this type of chorus charade? Why is it man. I agree with his comments. I of their health plans, their pensions, or that we haven’t had more cooperation? thank him for doing all that humanly wipe out their lives financially. Why is it that we can’t get them to could be done to win the support nec- That is what is going to happen. For come up with what is needed to resolve essary for this bill. the life of me, I can’t understand why this morass? Why is it during this elec- I had a brief period of time in which many in the trade union movement tion year? I filed plaintiffs’ lawsuits for individ- aren’t jumping on this bill in every All I can do is ask the question. I uals who had asbestos injuries. These way they possibly can because their think anybody observing knows what individuals were sick; asbestos is a de- employees are the ones who are getting the answers are. At least that is what bilitating disease. They had been heav- hurt. They will never get the money we has been alleged to me. That is what ily exposed to asbestos. One individual have in this bill if we don’t pass a bill. has been suggested. I hope it is not worked in a submarine, where the air Make sure it doesn’t stick the Fed- true. inside was thick with asbestos fibers. eral Government with a bill at end of I yield the floor. He was severely debilitated as a result the day. The PRESIDING OFFICER. The Sen- of that. I believe people who are in- Now you on the other side of the ator from Alabama. jured ought to be compensated. aisle have claimed that the asbestos Mr. SESSIONS. Mr. President, I want It was discovered that manufacturers crisis must be fixed. You have all to express my appreciation to the dis- of asbestos knew at some point before agreed there is a crisis in our country. tinguished chairman of the Judiciary they told people who were working on You have conceded that the tort sys- Committee. He has served in this Sen- it that it was dangerous. And they tem is broken, that we have a historic ate for many years. He is himself a su- should have told them it was dangerous opportunity to act. The end is within perb lawyer, a constitutional scholar, and their health was at risk and they reach, and we must grasp it. and has been through many of these de- did not do so. That is the fundamental But here we are. I think the time has bates. cause of the litigation. come to act, to make good on the I remember on one night after 11 I filed my asbestos litigation in the promises which have been made on the o’clock at night when the chairman 1970s. I eventually turned it over to a other side of the aisle, to demonstrate met with everybody who had a prob- group of lawyers who were experts in the leadership and responsibility our lem. He urged them to come forward. this matter. They took the case. I was Nation demands when we are asked to He compromised and compromised. not able to do it. They did a lot of do our job to fix a national crisis. It is Frankly, sometimes I think maybe work. They had to break down barriers, time to move past our alleged mistakes the bill has gone too far—really seri- win the liability questions, and prove and complaints about perceived proce- ously. We need to talk about that, offer knowledge on the part of the compa- dural insensitivities. amendments to fix it. We ought bring nies. They overcame legal objections It is time for the caution choir, the bill to the Senate floor and start to such as whose asbestos did you which we have been looking at here discuss that. breathe. today, to quit singing ‘‘We are being But Senator HATCH has bent over Most plaintiffs’ lawyers today in- rushed; We are being jammed.’’ It is backwards to make sure this legisla- volved in litigation are not proud of time for the real interests to take a tion which is critically needed for what has happened with asbestos. The stand and to do what is right. America passes. It is critically needed companies have been tagged. The com- It is getting late in the day to ap- for people who are sick from asbestos panies are stuck. They admit they did point another committee and schedule and those who fear they might get sick wrong. They are willing to compensate, more meetings and talk. It really both- from it. I thank the chairman for his as they are able to compensate. There ers me that they are filibustering the leadership. I have not known any effort is only so much money. We are talking motion to proceed, which has only been that I have seen in which a chairman about billions of dollars, maybe $54 bil- used on rare occasions before the last has gone further to try to win the sup- lion already paid out. few years, before the obstructions that port of other members in the com- I was there as a lawyer and earned have been occurring on a regular basis. mittee and the Senators who might be part of a fee out of the litigation. I People in the past were willing to de- dubious, to get their support. And the didn’t know how it would come out or bate these bills and were willing to try Senator continues to get it. what the statute of limitation was. to amend them if they didn’t like I thought we had the bill completed. Maybe my claim has expired. But them, willing to be legislators and not I thought we had everybody signed up. things have changed. The companies obstructionists, willing to do what is I yield to the chairman. are willing to pay. Some victims are right for the American people. Mr. HATCH. I thank my colleague for sick and need compensation. They need We have now been on this bill 15 solid his kind remarks. I appreciate the hard it now. They do not need to have a big months and we still have not seen, work the Senator and others have put chunk of what they are entitled to paid other than demands during negotia- in on this side. There are some on the to lawyers or to experts or testing tions, what our friends on the other other side who have worked hard. Par- companies. They need to be paid. It is side must have to resolve this problem, ticularly, I express my gratitude to a blight on the legal system. which in many respects is the most Senator MILLER, Senator NELSON, and I see the distinguished assistant dangerous problem hanging over Amer- Senator FEINSTEIN. I understand Sen- Democratic leader. He is a superior ica today, especially for employees, es- ators NELSON and FEINSTEIN are prob- lawyer, and would do an admirable job pecially for union members, especially ably going to vote against cloture. I in court, no doubt. But, these cases are for those who want health care and don’t know. I cannot speak for them. I not going to trial. It is a process. These who want their pensions to be saved, hope not. They are two who have tried cases are filed and settled, and some- especially for 8,400 companies on the to work with us on this bill. times victims are paid. Certain defend- one hand, and maybe more if these vo- If that is laid down, I don’t know ants do not have money, so they can- racious personal injury lawyers con- where we will go. I am afraid an awful not pay. Sixty asbestos companies are tinue to conjoin people who really have lot of people will be left high and dry in bankruptcy today because they can- had nothing to do with asbestos but while these trial lawyers, the personal not pay or cannot fully pay all the have been conjoined in these actions injury lawyers, walk off with $60 bil- claims. Thousands of new claims are where they are stuck with humongous lion in fees and costs that could go to being filed on a regular basis.

VerDate mar 24 2004 03:12 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.113 S21PT1 S4218 CONGRESSIONAL RECORD — SENATE April 21, 2004 The new trend is that people not sick tem, they file lawsuits, months go by rupted because they have become liable are filing. They may have been exposed before anything results. The plaintiff for the company they bought, their ac- to asbestos, and there may be some wants $25 million. The defendant wants tions 10, 15 years before they bought it. showing of asbestos in the pleura or to pay $500,000. Do you think that is not possible? It is their lungs, but it has not had a debili- They go along and along, and all the possible. It is happening right now. tating effect or not caused cancer or time the families are suffering, the These companies and the insurance anything like that, and they are filing plaintiffs are suffering, and maybe companies and the reinsurance compa- by the tens of thousands, saying they even dying. That is not good. Then, nies have come together and put up might get sick. But they are not sick when it is paid, finally, some of the $100 billion—$100 billion. All we need to yet. companies do not have the money. do is set up an administrative claims What do you do? It is perfectly appro- Some insurance companies say they processing system where persons who priate that this Congress act. We do it are not liable for this part of the claim, are sick, who have any disability, real- with workmens’ compensation. A per- and it goes on and on and on. ly any health defect can file a claim. son is injured on the job, they get com- I deeply believe we need to end this Those who are not ready, those who do pensation under certain circumstances. spasm. This is not good. It is not some- not have a claim, who fear they might It is a lot easier to get it, but it is lim- thing any lawyer can be proud of. In be sick at some time in the future, can ited and you do not have to pay so fact, I think everybody is embarrassed file their notice and will be given a much expenses and it works pretty by it. constant monitoring of their health. If well. That is all by regulation. We do Let me read from Justice Ruth Bader they do get sick, they can be com- not leave everything totally to juries, Ginsburg of the Supreme Court, a pensated fully. judges, and lawyers to settle. former member of the ACLU—one of So we would be getting money to the I believe in the principle of the Con- the more liberal Justices. This is what people who are sick. We would be re- gress stepping in, when necessary. The she wrote in 1997: ducing the need for these huge, out- fundamental reason I believe, is that, The argument is sensibly made that a na- rageous legal fees from the plaintiffs’ in my view, in the history of the most tionwide administrative claims processing lawyers. We would be eliminating all magnificent legal system we have, the regime would provide the most secure, fair the lawyers’ fees paid by the asbestos Anglo-American heritage of law, we and efficient means of compensating victims companies. have ever had a system that has been of asbestos exposure. Congress, however, has There are companies that bought as- not adopted such a solution. as abused. Sixty percent of the money bestos companies, and people who sold paid out by the defendant companies, In 1997 she wrote that; and we have brake shoes, and anybody who had any- over half of it, 60 percent according to been battling this ever since. Every ef- thing to do with asbestos, who are testimony we had a number of years fort has been made. being sued. Now there are 8,400 compa- ago in the Judiciary Committee, does Now we have proposed a $100 billion nies being sued. Most of them never not get to the people who are sick. It fund—not millions—$100 billion, set produced asbestos, never knew any- does not get to any plaintiff. It is eaten aside for payment of these claims. That thing about asbestos, never dealt with up by court costs, lawyer fees, expert is apparently not satisfying everyone. asbestos. So these people are willing to witnesses, and testing companies. That In Ortiz v. Fiberboard Company, in put up $100 billion. is not right. 1999, Justice Souter—another one of We simply ought to be able to estab- It is not right when the defendants the liberal members of the Supreme lish a system by which sick people can themselves admit they are wrong and Court—said: be paid, and paid promptly, without are willing to pay. In fact, they do pay The elephantine mass of asbestos cases de- these costs. If we do not, who is going and they agreed to pay and they have fies customary judicial administration and to lose most? The plaintiffs are going trusts that are supposed to pay, but the calls for national legislation. To date, Con- gress has not responded. to lose. These companies are going into trusts are getting drained of money. bankruptcy. It is hurting this econ- Companies are going into bankruptcy We have people here who are filibus- omy. It will continue to hurt America’s and fewer and fewer victims are getting tering this bill from even coming up, economy. paid. saying they are being rushed. This bill I thank the Presiding Officer. I ap- If we care about the rule of law, if we and this idea and this concept of cre- preciate the opportunity to share these care about decency, fundamental fair- ating a nationwide claims processing remarks. I think it is important. I hope ness, if we respect law, if we love the regime, as Justice Ginsburg called it, is the Senate will move forward. law, we should not allow a situation to overdue by decades. It is wrong what I yield the floor. continue where the defendant compa- we are doing. It is being blocked, I can The PRESIDING OFFICER. The as- nies are willing to pay, and the plain- only conclude, by a partisan special in- sistant Democratic leader. tiffs, some of them desperately need terest effort. The only people who have Mr. REID. Mr. President, it is my un- payment, but the plaintiff only ends up an interest in continuing this des- derstanding the majority leader is on getting 40 percent of what is paid out. picable regime are a few lawyers who his way. The defendant companies have to hire are getting absolutely rich from it—$54 I will withhold and ask the distin- lawyers, too, whole law firms. They file billion, and you have a 40-percent con- guished majority leader to do the close papers and disclosures and depositions tingency fee. and then allow me to finish my speech. and expert witnesses. This is just chew- Senator HATCH said, when this thing The PRESIDING OFFICER. The ma- ing up money, money, money, money. is over, lawyers would make $100 bil- jority leader. Now, if somebody has mesothelioma, lion. And don’t think it is a lot of Mr. FRIST. Mr. President, I appre- a cancer that causes death, they ought them. It is not a lot of them. It is not ciate the consideration. I will move to be paid. They do not need 60 percent the basic plaintiff bar. These lawyers through, fairly quickly, some business of what they are entitled to, to go to have 10,000, 20,000, 30,000 cases they are that finishes up on today and explains some lawyer, some defense lawyer or handling. It is not right. It is wrong. what we will be doing tomorrow. some expert witness or court cost. And The people who are blocking this need to be ashamed of themselves. they ought not to die before they get f it. The Supreme Court Justices have Under this bill, if you file a claim and called for reform. It is threatening our you have mesothelioma—which is tied economy. They develop schemes now MORNING BUSINESS directly to asbestos—it is caused very where companies that had even the Mr. FRIST. Mr. President, I ask few times other than by asbestos, and most tangential connection to asbestos unanimous consent that the Senate you can demonstrate exposure to as- are getting sued. If you can just ever now proceed to a period of morning bestos and mesothelioma, you get $1 tap them. If a company bought a com- business, with Senators permitted to million. That is what the latest figure pany that dealt in asbestos, and that speak for up to 10 minutes each. is. And you do not need a lawyer at all. company had ceased dealing with as- The PRESIDING OFFICER. Without You get it now. Under the current sys- bestos for 10 years, they can be bank- objection, it is so ordered.

VerDate mar 24 2004 03:12 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.116 S21PT1 April 21, 2004 CONGRESSIONAL RECORD — SENATE S4219 2004 NATIVE FAMILY WELLNESS Courts, and Tribal Youth Program phen G. Waxman, M.D., Ph.D., pro- CONFERENCE have also contributed their time and fessor and chairman of neurology at Mr. DASCHLE. Mr. President, I talents to the conference. These orga- Yale University, discussed ‘‘Protecting would like to take this opportunity to nizations and their members are to be and Repairing the Spinal Cord: Gifts honor an outstanding collaboration commended for their involvement in from the Molecular Revolution.’’ taking place between organizations of this important event. Among other topics, Dr. Waxman dis- the Yankton Sioux Tribe and the Our children are our greatest re- cussed how his lab had created chronic neighboring town of Wagner—the Na- source, and the Native Family Wellness neuropathic pain in a rat, which the tive Family Wellness Conference. This Conference is a great investment in the lab was then able to successfully ‘‘turn 3-day initiative is the result of the tire- health of our future generations. That off’’ and ‘‘turn on’’ through chemical less work and cooperation among the is why I am proud to honor this out- manipulations. Boys and Girls Club of the Yankton standing effort. Mindy L. Aisen, M.D., the deputy chief research and development officer Sioux, Brave Heart Society, Canku f Teca Treatment Center, and the Indian and rehabilitation research and devel- Health Service’s Wagner Service Unit. HONORING OUR ARMED FORCES opment service director for the Depart- In particular, I want to commend Faith LANCE CORPORAL BENJAMIN CARMAN ment of Veterans Affairs, VA, ad- Spotted Eagle, Jenny Noteboom, and Mr. GRASSLEY. Mr. President, I rise dressed ‘‘Spinal Cord Injury Reasearch: Amy Schwenk-Doom for their leader- today to pay tribute to LCpl Benjamin The VA Perspective.’’ She spoke about ship in this effort. Robert Carman who bravely gave his the large scope of VA research, which As we know all too well, the lack of life for our country in Operation Iraqi extends well beyond spinal cord dys- quality health care in Indian Country Freedom. I offer my deepest sympathy function. She specifically discussed the is having a devastating impact on the to his parents, Marie and Nelson, as diaphragmatic pacer used by health of far too many Native Ameri- well as his siblings; James, Catherine, Christorpher Reeve, which was in- cans. The availability of only ‘‘life or and Amelia. LCpl Carman was killed in vented at the Cleveland VA Medical limb’’ treatment in our IHS hospitals action by small arms fire during com- Center, and she noted the wound heal- has heightened the importance of bat operations in the Al Anbar Prov- ing studies conducted by VA. health and wellness education in Na- ince of Iraq on Tuesday, April 6, 2004. Alessandro Ghidini, M.D., a specialist tive American communities, and I ap- LCpl Carman is the eleventh Iowan in high-risk pregnancies and director of plaud the initiative demonstrated by to be killed in Operation Iraqi Free- perinatal research for the department this collaborative in developing the dom. I appreciate his faithful service to of obstetrics and gynecology at George- Native Family Wellness Conference. our country and the patriotic mission town University Medical Center, spoke The great leader Sitting Bull once that he died supporting. The attitude about ‘‘Obstetrical Outcomes of Women said: ‘‘Come, let us put our minds to- that Ben had toward his military serv- with Spinal Cord Injury.’’ Dr. Ghidini gether and see what kind of life we can ice was summarized by his pastor at is just beginning a PVA research foun- make for our children.’’ The Native his funeral; ‘‘Ben died because he loved dation grant to document the obstet- Family Wellness Conference embodies freedom. He died because he loved jus- rical experiences of 60 women with spi- Sitting Bull’s hope for the future by tice.’’ LCpl Carman was not afraid to nal cord injuries, and she talked about teaching children, both Native and courageously serve his country and ac- the main concerns that arise when non-Native, about the importance of complish his duty. As an Iowan, I am these two major conditions interact; health and wellness in both their cul- proud of this exemplary young man complications from both can create a tural heritage and personal future. who will be missed by many. number of medical emergencies that Children and families will have the healthcare professionals and women opportunity to learn about the effects Ben Carman graduated from Jeffer- son-Scranton High School in 2002 where with spinal cord injuries must know of diet, drug abuse, and exercise on per- about in order to carefully and success- sonal and family wellness during a se- he excelled in the industrial arts, winning first in the State on several occa- fully manage them. ries of breakout sessions on April 29 These medical professionals dem- sions in the sheet metal category of an and 30. Those who participate in the onstrated the great strides the PVA industrial skills contest. He also par- sessions will be invited to join a fun Spinal Cord Research Foundation has ticipated in football and golf and was run/walk with the Lakota Olympian helped to make in alleviating the hard- well loved by his classmates. Ben also Billy Mills and a concert by the band ships of paralysis, and they provided a loved the outdoors and his hobbies in- Brule of Lower Brule. glimpse into the promising future of cluded fishing, hunting and camping. Billy Mills and his organization, spinal cord injury research. He was a proud Marine who proved Running Strong for American Indian f Youth, have dedicated almost 20 years himself to be a true hero and patriot. to providing Native Americans with LCpl Ben Carman lived out the Marine LOCAL LAW ENFORCEMENT ACT the tools needed for survival and to motto, Semper Fidelis, always faithful, OF 2001 build self-esteem and self-sufficiency. and is a credit to his State and to his Mr. SMITH. Mr. President, I rise Billy Mills’ participation in this con- country. I again express my sympathy today to speak about the need for hate ference demonstrates the importance for Ben’s family and my gratitude for crimes legislation. On May 1, 2003, Sen- of this collaboration, and I also want his courageous service. ator KENNEDY and I introduced the to thank him for his dedication and f Local Law Enforcement Enhancement commitment to the health and well- Act, a bill that would add new cat- being of Native Americans. VETERANS SHOULD RECEIVE egories to current hate crimes law, In recent months, countless organiza- TIMELY ACCESS TO HEALTH CARE sending a signal that violence of any tions from the Yankton Sioux Tribe Mr. GRAHAM of Florida. Mr. Presi- kind is unacceptable in our society. and Wagner have joined in support of dent, I recognize the dedication of the Chicago police issued a community the Native Family Wellness Con- Paralyzed Veterans of America, PVA, warning the week of April 5, 2004, alert- ference. The Bureau of Indian Affairs and their support of spinal cord injury ing North Side residents of slayings of police department, Fort Randall Casino research. Through their Spinal Cord two gay men under similar cir- and Hotel, Indian Health Services Dia- Research Foundation, PVA support has cumstances. The bodies of Kevin betes Project, Native American Com- aided researchers in making huge ad- Clewer and Brad Nelson were found in munity Board, Lewis and Clark Mental vances in this crucial field. their apartments in March and August, Health Services, Marty Indian School, Last Friday, in conjunction with respectively, with multiple stab Wagner School District, Wellmark PVA Awareness Week 2004, three spinal wounds, police said. Foundation, the Yankton Sioux Tribe’s cord injury researchers detailed the I believe that Government’s first Business and Claims Committee, Tribal contributions PVA has made toward duty is to defend its citizens, to defend Health Program, Healthy Start Pro- improving treatment for and, hope- them against the harms that come out gram, Housing Authority, Tribal fully, eventually ending paralysis. Ste- of hate. The Local Law Enforcement

VerDate mar 24 2004 04:11 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.084 S21PT1 S4220 CONGRESSIONAL RECORD — SENATE April 21, 2004 Enhancement Act is a symbol that can range of library services to all Mary- It is because China cheats. China’s become substance, I believe that by land citizens and a long tradition of accession agreement to enter the WTO passing this legislation and changing open and unrestricted sharing of re- consisted of numerous commitments current law, we can change hearts and sources. This policy has been enhanced by China to transition to a market and minds as well. by the State Library Network, which rules based economy. China has yet to f provides interlibrary loans to the State live up to their commitments. The the- public, academic, special libraries, and ory of free trade is a great theory, but NATIONAL LIBRARY WEEK school library media centers. The Net- it only works if other people buy into Mr. SARBANES. Mr. President, this work receives strong support from the that theory. It is hard to have free week, from April 18th to 24th, we are State Library Resource Center at the trade if you do not even believe in free celebrating the 46th anniversary of Na- Enoch Pratt Free Library, the Re- speech. Through its unfair trade prac- tional Library Week. As a strong and gional Library Resource Centers in our tices, China continues to steal market vigorous supporter of Federal initia- Western, Southern, and Eastern Shore share, and the U.S. manufacturing in- tives to strengthen and protect librar- counties, and a Statewide database of dustry is at serious disadvantage. ies, I am pleased to have this oppor- periodicals from over 100 libraries. China’s currency, the yuan or tunity to take a few moments to re- The State Library Resource Center renminbi, has been tightly pegged at flect on the significance of libraries to alone gives Marylanders free access to 8.28 yuan to the U.S. dollar since 1994, our nation. approximately 2 million books, over 1 which most economists believe to be a When the free public library came million U.S. Government documents, severe undervaluation of their cur- into its own in this country in the 19th 600,000 magazines, newspapers and rency. Most economists estimate Chi- century, it was, from the beginning, a books in microform, 11,000 periodicals, na’s currency to be undervalued by as unique institution because of its com- 90,000 maps, 20,000 Maryland State doc- much as 15 to 40 percent. This under- mitment to the free and open exchange uments, and 19,000 videos and films. valuation makes China’s exports less of ideas embodied in the Constitution The result of this unique joint State- expensive for foreigners, while making itself. Libraries have always been an County resource sharing is an extraor- foreign products more expensive for integral part of all that our country dinary level of library services avail- Chinese consumers, resulting in an ef- stands for: freedom of information, an able to the citizens of Maryland. Mary- fective subsidization of Chinese exports educated citizenry, and an open and en- landers have responded to this out- and poses a virtual tariff on Chinese lightened society. They are the only standing service with almost 58 percent imports. public agencies in which the services of the State’s population registered as Consequently, since 1994, China’s rendered are intended for, and avail- library patrons. Additionally, the total economy has grown dramatically, aver- able to, every segment of our society. holdings of catalogued and aging over 8 percent per year. The U.S. It has been my longstanding view trade deficit with China in 2003 reached that libraries play an indispensable uncatalogued book volumes, video and a record $125 billion. In 1994, when role in our communities. From modest audio recordings, periodicals, elec- China first began to peg its currency to beginnings in the mid-19th century, to- tronic formats, and serial volumes the dollar, the United States trade def- day’s libraries provide well-stocked ref- have increased by 1.2 million from 1998 icit with China was $29.4 billion. erence centers and wide-ranging loan to 2002 to total almost 16.8 million library holdings. China has been in clear violation of services based on a system of branches, International Monetary Fund, IMF, often further supplemented by trav- I have had a close working relationship with members of the Maryland Li- and world Trade Organization, WTO, eling libraries or on-line libraries serv- commitments by maintaining an un- ing outlying districts. Libraries pro- brary Association and others involved fairly low exchange rate to gain a com- mote the reading of books among in the library community throughout petitive advantage. IMF Article IV adults, adolescents, and children and the State, and I am very pleased to join states that members should ‘‘avoid ma- provide the access and resources to with them and citizens throughout the nipulating exchange rates . . . in order allow citizens to obtain reliable infor- Nation in this week’s celebration of . . . to gain an unfair competitive ad- mation on a vast array of topics. ‘‘National Library Week.’’ I look for- Libraries have gained even further ward to a continued close association vantage over other members.’’ The U.S. significance in this age of rapid techno- with those who enable libraries to China Economic and Security Review logical advancement because they are make their unique and vital services Commission, a bipartisan commission called upon to provide not only books available to all Americans. created by Congress, found in its Sep- and periodicals, but many other valu- f tember 25, 2003 hearing, that: ‘‘China, in violation of both its IMF and WTO able resources as well. In today’s soci- CHINESE COMPETITION ety, libraries provide computer serv- obligations, is in fact manipulating its ices, Internet access, audio-visual ma- Mr. GRAHAM of South Carolina. Mr. currency for trade advantage’’ and rec- terials, facilities for community lec- President, one thing I have learned in ommends that the Treasury Depart- tures and performances, DVDs, CD- the last couple of years is that every- ment ‘‘immediately enter into formal Roms, tapes, and works of art for ex- where I go the manufacturing commu- negotiations with the Chinese govern- hibit and loan to the public. In addi- nity at home keeps bringing up on ment’’ over its undervalued currency. tion, special facilities libraries provide topic, Chinese competition. Due in The Commission further ‘‘urges the services for older Americans, people large part to China’s unfair trade prac- Congressional leadership to use its leg- with disabilities, and hospitalized citi- tices; South Carolina alone lost 41,000 islative powers to force action by the zens. jobs in 2003. Most of these jobs were U.S. and Chinese Governments to ad- Of course, libraries are not merely textile and related industries. In the dress this unfair and mercantilist trade passive repositories of materials. They last five and a half years, three million practice.’’ are engines of learning—the place American manufacturing jobs have At this hearing, Fred Bergsten, where a spark is often struck for dis- been lost. Since 1997, the U.S. textile Ph.D., Director of International Insti- advantaged citizens who for whatever industry has closed more than 250 tex- tute of Economics, testified that a re- reason have not had exposure to the tile plants in the country and more valuation of 20 to 25 percent of the vast stores of knowledge available. I than 200,000 U.S. textile workers have yuan should permit other Asian cur- have the greatest respect for those in- lost their jobs. rencies, including Japan, Taiwan, dividuals who are members of the li- Why is this happening? Why are North Korea, to go up at least partway, brary community and work so hard to American manufacturers not able to maybe 10 percent or so, because with ensure that our citizens and commu- keep up with the Chinese? It is not be- the yuan appreciating, they would be nities continue to enjoy the tremen- cause our workforce is intellectually willing to appreciate against the dollar dous rewards available through our li- inferior, and I don’t believe our work- since it would actually create a depre- brary system. force is lazy. And it certainly isn’t be- ciation of their own currencies against My own State of Maryland has 24 cause we haven’t invested in the most the Chinese currency, their main com- public library systems providing a full modern equipment. petitor. If you put all those currency

VerDate mar 24 2004 04:11 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A21AP6.018 S21PT1 April 21, 2004 CONGRESSIONAL RECORD — SENATE S4221 changes together the result would be a honor to recognize her outstanding a panel of judges while they evaluate, $50 billion reduction in the U.S. cur- contribution to Montana. take, and defend positions on relevant rent account deficit, which in turn Alyson represents the type of teacher historical and contemporary issues. translates to about 500,000 high-paying Montana has come to expect from its I wish these students the best of luck jobs, mainly in manufacturing in this teaching community. She is an educa- at the ‘‘We the People’’ national finals country. tor who meets the highest standards of and applaud their achievement. I am Senator CHARLES SCHUMER and I have professional excellence. Alyson is a sure that this valuable experience will introduced legislation that would re- student’s teacher. She delivers to each encourage these young Rhode Islanders quire China to abide by its inter- and every one of her students without to remain engaged with government national trade agreements and stop expectation of reward. and public policy issues in the future.∑ manipulating their currency. The goal Alyson teaches middle school science f of this legislation is to remove China’s at East Valley Middle School in Hel- ERNIE HARTUNG, UNIVERSITY OF unfair currency advantage and the det- ena, MT, my home town. Sadly, like so IDAHO’S TWELFTH PRESIDENT rimental impact that it is having in many other rural communities, Helena ∑ the U.S. and abroad. has struggled economically in recent Mr. CRAIG. Mr. President, today I Our legislation would require the years. In this community, bake sales, pay my respects to Ernie Hartung, the Secretary of the Treasury to imme- garage sales, and silent auctions have 12th president of the University of diately enter into formal negotiations become the norm, simply to raise funds Idaho, who passed away last fall. I felt a special kinship to President with China to ensure that China initi- for the school. But this has not stopped Hartung for two reasons. The first was ates a process to adopt a market-based Alyson and members of the community that we both came to the university as system of currency within 180 days of from making sure the students receive freshmen in 1965. He as a freshman enactment of this Act. If China refuses what they need to succeed. Like so many Montana teachers, president and I as a freshman student. to do so, a 27.5 percent tariff will be im- As he often said, he considered himself Alyson takes a hands-on approach to posed on all China’s exports to the to be a member of the class of 1969 be- ensure her students have access to a United States in order to reduce the cause of that freshman connection. export advantage provided by China’s variety of materials and equipment. In The second reason for our special unfairly and illegally valued currency. Alyson’s mind, there are no limits to kinship was that I served as student The President of the United States has what her students can accomplish. body president in 1968–69 and had a Alyson earned her National Board the authority to remove the tariff once close working relationship with Presi- he certifies to Congress that China has Certification and has become a State dent Hartung. He was a tireless advo- moved to a market-based system of leader in Montana’s professional devel- cate for student involvement, and the currency valuation. opment. She is a leader to her students students responded by becoming This legislation works within the and encourages other teachers to make strong, vocal supporters of President framework of international trade laws. a difference in student’s lives. Alyson’s Hartung. Article XXI of the General Agreement extensive background and knowledge It is unlikely that any University of on Tariffs and Trade allows a member in science, proven teaching strategies, Idaho president ever generated the de- of the World Trade Organization to and great sense of humor make her a gree of grassroots student support that take ‘‘any action which is considers Montana treasure. Ernie Hartung did. The best indication necessary for the protection of its es- We in Montana are very fortunate to of this came on March 17, 1969. The uni- sential security interests,’’ particu- be able to claim a teacher like Alyson versity was facing a number of serious larly ‘‘in a time of war or other emer- Mike as our very own. She is a fabulous issues, and President Hartung had been gency in international relations.’’ The representative of the very best of pub- publicly criticized by the Governor. In President has stated a view that many lic education in Montana and across response, 4,500 students showed up at a of us hold, that our nation’s manufac- our Nation.∑ campus rally on a cold, rainy night to turing capability is a vital national in- f voice their support for their university terest. I know I am not alone when I HONORING STUDENTS REP- president. It was a remarkable showing say that this national interest is RESENTING RHODE ISLAND IN of support for an extraordinary leader. threatened by China’s unfair currency THE ‘‘WE THE PEOPLE: THE CIT- Ernie Hartung had a significant im- practices. IZEN AND THE CONSTITUTION’’ pact on the lives of thousands of Ida- Something must be done to alleviate COMPETITION hoans. On April 24th, 2004, the Univer- the detrimental economic impact sity of Idaho will be honoring this lead- ∑ China is having on our manufacturing Mr. CHAFEE. Mr. President, from er and his contributions. I appreciate industry or at the very least, to level May 1–3, 2004, more than 1,200 students my colleagues joining me today while I the playing field for future genera- from across the United States will visit acknowledge all that President tions. I urge the Leadership to allow a Washington, DC, to take part in the Hartung did, not only for me but for vote on this important legislation. I national finals of ‘‘We the People: The thousands of other University of Idaho believe it will receive overwhelming bi- Citizen and the Constitution,’’ an edu- alumni and Idahoans. While we miss partisan support and give the Adminis- cational program developed specifi- him sorely, it is comforting to know tration one more tool to get the Chi- cally to educate young people about that Idaho is a better place because of nese to uphold their WTO obligations. the U.S. Constitution and Bill of Ernie Hartung.∑ Rights. Administered by the Center for As long as we sit by and allow China f to maintain its unfair trade advantage, Civic Education, the ‘‘We the People’’ NATIONAL PRIMARY IMMUNE DE- the United States will continue to program is funded by the U.S. Depart- FICIENCY DISEASES AWARENESS hemorrhage jobs. Passing this legisla- ment of Education by act of Congress. WEEK tion is one step further to ensuring I am proud to announce that students that China abides by the rules. from Central Falls High School will Mrs. MURRAY. Mr. President, I rise represent the State of Rhode Island in today to ask my colleagues to join me f this national event. These outstanding in recognizing the week of April 19 as ADDITIONAL STATEMENTS students, through their knowledge of National Primary Immune Deficiency the U.S. Constitution, won their state- Diseases Awareness Week. Primary im- wide competition and earned the mune deficiency diseases, PIDD, are HONORING ALYSON MIKE chance to come to Washington and genetic disorders in which part of the ∑ Mr. BAUCUS. Mr. President, I rise compete at the national level. body’s immune system is missing or today with great pride to honor Mon- The three-day ‘‘We the People’’ Na- does not function properly. tana’s 2004 Teacher of the Year Award tional Finals Competition is modeled The World Health Organization rec- winner, Alyson Mike. Alyson overcame after hearings in the U.S. Congress. ognizes more than 150 primary immune a lengthy list of quality teachers in The students are given an opportunity diseases, which affect as many as 50,000 Montana to secure this award. It is an to demonstrate their knowledge before people in the United States.

VerDate mar 24 2004 04:11 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A21AP6.019 S21PT1 S4222 CONGRESSIONAL RECORD — SENATE April 21, 2004 Fortunately, 70 percent of PIDD pa- sionate and excellent tradition of the continue to both move and entertain tients are able to maintain their health Sisters of Mercy. This has helped today, as they did the people of his through regular infusions of a plasma Mercy grow from a small convalescent time. His plays can be found performed product known as intravenous home by the bay in Daphne, into an in- daily the world round in their tradi- immunoglobulin, IGIV. IGIV helps bol- tegrated network of healthcare options tional fashion, and many of his works ster the immune system and provides throughout southwest Alabama and have been adapted to accommodate critical protection against infection recognized throughout the Nation for modern issues and themes. As a result, and disease. its innovative procedures. his genius and creative achievement I want to share with my colleagues Mercy Medical works with patients have transcended time and touched the story of one family in Washington of all ages, from the very young to the people of all generations. State affected by PIDD, the Trump most senior, to maximize their func- I am proud that my State of Cali- family, who have common variable im- tional abilities and return all patients fornia shares a large population who mune deficiency, CVID, one of the to their highest possible level of take the time to celebrate the life and more common forms of primary im- wellness. In addition, Mercy Medical is work of Shakespeare. California is mune deficiency diseases. Gary renowned for its hospice services, pro- home to some of the largest organiza- Trump’s first wife, Tracee, carried viding quality living when individuals tions dedicated to nourishing their CVID for at least 18 years prior to diag- face the end of this Earthly existence. communities through both artistic en- nosis. During that time, she suffered Working with physicians, interdiscipli- deavors and educational programs cele- repetitive infections, even life-threat- nary medical teams establish individ- brating the Bard’s work. Combined, ening disease, but was never properly ualized treatment plans which direct California Shakespeare festivals per- diagnosed. In 1993, 8 days after the overall courses of intensive therapy, form for more than 95,000 Californians birth of their second son, Christian, specialized clinical services and/or annually. Tracee was struck down by viral en- other patient care and activities. Most It is my pleasure to congratulate the cephalitis, and suffered through 4 years importantly, the Mercy Medical team California Shakespeare Festival on of pain, amnesia, and total disability always ministers to not only the phys- celebrating their 30th anniversary this prior to passing away in 1997. Their ical needs but offers comfort and heal- year. Beginning with a few Berkeley first son, Darren, also had numerous ing to the spirit as well. residents performing ‘‘Hamlet’’ to local infections, almost from birth. Within a Catherine McAuley, the foundress of community members, the California year of Tracee’s diagnosis, Darren was the Sisters of Mercy, has inspired Sis- Shakespeare Festival has developed tested and found to have CVID. Chris- ter Eileen to be strong in the face of into a successful production company tian, who nearly died of viral pneu- adversity, calm in the midst of crisis, that runs four Shakespearian theaters. monia at 2 months of age, was also di- and willing to take risks. This has al- Through their Artistic Learning Initia- agnosed with CVID. lowed her to lead the Mercy Medical tive, the festival seeks to inspire and The Trump family is not unique with staff to identify and meet the educate young artists of all back- the difficulty and delay in diagnosis of healthcare needs of the weak and vul- grounds through the gift of Shake- primary immune deficiency disease. nerable. Additionally, due to her hu- speare’s works. Despite the recent progress in PIDD re- mility, tenacity, and commitment, Since 1983, when I was mayor of San search, the average length of time be- Mercy Medical is recognized as a leader Francisco, the San Francisco Shake- tween the onset of symptoms in a pain the healthcare community. One of speare Festival has brought the works tient and a definitive diagnosis of the core values of Mercy Medical is the of Shakespeare to large and diverse au- PIDD is 9.2 years. In the interim, those empowerment of women, and Sister diences through their Free Shake- afflicted may suffer repeated and seri- Mary Eileen, as an empowered woman, speare in the Park program. In co- ous infections and possibly irreversible has led the fight to eradicate poverty operation with the Oakland-East Bay damage to internal organs. That is why nationally by taking on the cause of and Silicon Valley Shakespeare Fes- it is critical that we raise awareness the poor to our Nation’s capital. In- tivals, the San Francisco Shakespeare about these illnesses within the gen- deed, her sincerity and power of per- Festival brings innovative and inspir- eral public and the health care commu- suasion, which I have directly felt, is ing professional performances to over nity. remarkable. It is clearly a product of 50,000 each summer. I am proud to have the opportunity her selfless commitment to her vision I also recognize the contributions of to recognize the week of April 19 as Na- for others. the American Friends of the Shake- tional Primary Immune Deficiency On behalf of the United States Sen- speare Birthplace Trust to bringing the Diseases Awareness Week. I encourage ate and the people of Alabama, I would legacy of William Shakespeare to my colleagues to work with us to help like to recognize Sister Mary Eileen Washington, DC, with their gift of improve the quality of life for PIDD pa- for giving more than 44 years of love eight sculptures to the Folger Shake- tients and their families. and devotion to the sick, injured, and speare Library. Sculpted by artist Greg f dying. She has been truly a blessing for Wyatt, the eight pieces are half-size the people of south Alabama, and her replicas of the Shakespearian-inspired TRIBUTE TO SISTER MARY EILEEN legacy will live on forever.∑ artwork in the Great Garden in Strat- WILLHELM, RSM f ford-upon-Avon. ∑ Mr. SESSIONS. Mr. President, I rise I ask that my colleagues join me in today to give tribute to Sister Mary THE 440TH BIRTHDAY OF WILLIAM celebrating Shakespeare’s birthday and Eileen Wilhelm, RSM, who has served SHAKESPEARE — RECOGNIZING the inspirational and lasting works he as the chief executive officer at Mercy THE SHAKESPEARE FESTIVALS contributed to our world. William Medical for more than 36 years. She IN CALIFORNIA Shakespeare’s poems and plays con- has led Mercy Medical in its mission to ∑ Mrs. FEINSTEIN. Mr. President, I tinue to inspire countless generations care for the sick, the injured, and the rise today to pay tribute to one of the of young writers, further the world’s dying since she took on the role of CEO greatest writers the world has ever love of the written word as well as per- in 1967. Her passion for healthcare has known: William Shakespeare. As you formances, and reminds us all to ‘‘be led her to continually do what is best may well know, this week marks the not afraid of greatness.’’∑ for the patients, the residents, and 440th birthday of the great author and f their families. playwright. As a foremost literary tal- Since its founding in 1949 by the Sis- ent of his and every age thereafter, his MESSAGES FROM THE HOUSE ters of Mercy, Mercy Medical has been works have stood the test of time and At 11:52 a.m., a message from the a leader among healthcare providers in are still widely celebrated over four House of Representatives, delivered by Alabama’s Mobile Bay area. As CEO of centuries later. Ms. Niland, one of its reading clerks, Mercy, Sister Mary Eileen has re- Scholars credit William Shakespeare announced that the House has passed mained focused on continuing the heal- with authoring 37 plays and 154 sonnets the following bills, in which it requests ing ministry of Jesus in the compas- over the course of his life. These works the concurrence of the Senate:

VerDate mar 24 2004 04:11 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.089 S21PT1 April 21, 2004 CONGRESSIONAL RECORD — SENATE S4223 H.R. 1822. An act to designate the facility S. 2329. A bill to protect crime victims’ tion, Department of Transportation, trans- of the United States Postal Service located rights. mitting, pursuant to law, the report of a rule at 3751 West 6th Street in Los Angeles, Cali- f entitled ‘‘Revisions to Passenger Facility fornia, as the ‘‘Dosan Ahn Chang Ho Post Of- Charge Rule for Compensation to Air Car- fice’’. EXECUTIVE AND OTHER riers; Doc. No. FAA–2002–13918’’ (RIN2120– H.R. 3855. An act to designate the facility COMMUNICATIONS AH43) received on April 20, 2004; to the Com- of the United States Postal Service located The following communications were mittee on Commerce, Science, and Transpor- at 607 Pershing Drive in Laclede, Missouri, laid before the Senate, together with tation. as the ‘‘General John J. Pershing Post Of- EC–7140. A communication from the Pro- fice’’. accompanying papers, reports, and doc- gram Analyst, Federal Aviation Administra- H.R. 4037. An act to designate the facility uments, and were referred as indicated: tion, Department of Transportation, trans- of the United States Postal Service located EC–7131. A communication from the Chief, mitting, pursuant to law, the report of a rule at 475 Kell Farm Drive in Cape Girardeau, Regulations and Administrative Law, Coast entitled ‘‘Security Control of Air Traffic’’ Missouri, as the ‘‘Richard G. Wilson Proc- Guard, transmitting, pursuant to law, the re- (RIN2120–AI11) received on April 20, 2004; to essing and Distribution Facility’’. port of a rule entitled ‘‘Safety/Security Zone the Committee on Commerce, Science, and The message also announced that the Regulations (Including 2 Regulations): Transportation. [CGD08–03–040], [CGD08–03–039]’’ (RIN1625– EC–7141. A communication from the Pro- House has passed the following concur- AA00) received on April 20, 2004; to the Com- gram Analyst, Federal Aviation Administra- rent resolution, without amendment: mittee on Commerce, Science, and Transpor- tion, Department of Transportation, trans- S. Con. Res. 97. Concurrent resolution rec- tation. mitting, pursuant to law, the report of a rule ognizing the 91st annual meeting of The Gar- EC–7132. A communication from the Chief, entitled ‘‘IFR Altitudes; Miscellaneous den Club of America. Regulations and Administrative Law, Coast Amendments (8); Amdt. No. 447’’ (RIN2120– Guard, transmitting, pursuant to law, the re- AA63) received on April 20, 2004; to the Com- At 3:35 p.m., a message from the port of a rule entitled ‘‘Safety/Security Zone mittee on Commerce, Science, and Transpor- House of Representatives, delivered by Regulations: [CGD05–04–066], Atlantic Ocean, tation. Ms. Niland, one of its reading clerks, Chesapeake and Delaware Canal, Delaware EC–7142. A communication from the Pro- gram Analyst, Federal Aviation Administra- announced that the House has passed Bay, Delaware River, and its Tributaries’’ (RIN1625–AA00) received on April 20, 2004; to tion, Department of Transportation, trans- the following bill, without amendment: the Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule S. 2022. An act to designate the Federal Transportation. entitled ‘‘Harmonization with the United Na- building located at 250 West Cherry Street in EC–7133. A communication from the Chief, tions Recommendations, International Mari- Carbondale, Illinois the ‘‘Senator Paul Regulations and Administrative Law, Coast time Dangerous Goods Code, and Inter- Simon Federal Building’’. Guard, transmitting, pursuant to law, the re- national Civil Aviation Organization’s Tech- f port of a rule entitled ‘‘Drawbridge Regula- nical Instructions’’ (RIN2137–AD41) received tions (Including 2 Regulations): [CGD08–03– on April 20, 2004; to the Committee on Com- ENROLLED BILLS SIGNED 049], [CGD05–03–121]’’ (RIN1625–AA09) re- merce, Science, and Transportation. EC–7143. A communication from the Pro- At 6:00 p.m., a message from the ceived on April 20, 2004; to the Committee on Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- House of Representatives, delivered by EC–7134. A communication from the Chief, tion, Department of Transportation, trans- Mr. Hays, one of its reading clerks, an- Regulations and Administrative Law, Coast mitting, pursuant to law, the report of a rule nounced that the Speaker has signed Guard, transmitting, pursuant to law, the re- entitled ‘‘Policy Statement: Antidrug and the following enrolled bills: port of a rule entitled ‘‘Drawbridge Regula- Alcohol Misuse Prevention Programs for H.R. 1274. An act to direct the Adminis- tions (Including 4 Regulations): [CGD01–04– Personnel Engaged in Specified Aviation Ac- trator of General Services to convey to Fres- 023], [CGD07–04–039], [CGD05–04–071], [CGD05– tivities; Doc. No. FAA–2002–11301’’ (RIN2120– no County, California, the existing Federal 04–070]’’ (RIN1625–AA09) received on April 20, ZZ45) received on April 20, 2004; to the Com- courthouse in that county. 2004; to the Committee on Commerce, mittee on Commerce, Science, and Transpor- H.R. 2489. An act to provide for the dis- Science, and Transportation. tation. tribution of judgment funds to the Cowlitz EC–7135. A communication from the Chief, EC–7144. A communication from the Pro- Indian Tribe. Regulations and Administrative Law, Coast gram Analyst, Federal Aviation Administra- H.R. 3118. An act to designate the Orville Guard, transmitting, pursuant to law, the re- tion, Department of Transportation, trans- Wright Federal Building and the Wilbur port of a rule entitled ‘‘Regulated Naviga- mitting, pursuant to law, the report of a rule Wright Federal Building in Washington, Dis- tion Area: (CGD07–03–147; Savannah River, entitled ‘‘Standard Instrument Approach trict of Columbia. Savannah, Georgia’’ (RIN1625–AA11) received Procedures; Miscellaneous Amendments (59) on April 20, 2004; to the Committee on Com- Amendment No. 3090’’ (RIN2120–AA65) re- The enrolled bills were signed subse- merce, Science, and Transportation. ceived on April 20, 2004; to the Committee on quently by the President pro tempore EC–7136. A communication from the Pro- Commerce, Science, and Transportation. (Mr. STEVENS). gram Analyst, Federal Aviation Administra- EC–7145. A communication from the Pro- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- f mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- MEASURES REFERRED entitled ‘‘Emergency Medical Equipment; mitting, pursuant to law, the report of a rule Docket No. FAA–2000–7119; Partial Revised entitled ‘‘Standard Instrument Approach The following bills were read the first Compliance Date’’ (RIN2120–AG89) received Procedures; Miscellaneous Amendments (26); and the second times by unanimous on April 20, 2004; to the Committee on Com- Amdt. No. 3091’’ (RIN2120–AA65) received on consent, and referred as indicated: merce, Science, and Transportation. April 20, 2004; to the Committee on Com- H.R. 1822. An act to designate the facility EC–7137. A communication from the Pro- merce, Science, and Transportation. of the United States Postal Service located gram Analyst, Federal Aviation Administra- EC–7146. A communication from the Pro- at 3751 West 6th Street in Los Angeles, Cali- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- fornia, as the ‘‘Dosan Ahn Chang Ho Post Of- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- fice’’; to the Committee on Governmental entitled ‘‘Procedures for Transportation mitting, pursuant to law, the report of a rule Affairs. Workplace Drug and Alcohol Testing Pro- entitled ‘‘Airworthiness Directives: McDon- H.R. 3855. An act to designate the facility grams; Drug and Alcohol Managament Infor- nell Douglas Model DC 9 14, 9 15, and 9 a5F of the United States Postal Service located mation System Reporting; Correction; Dock- Airplanes; Model SC9 20, 30, 40, and 50 Series at 607 Pershing Drive in Laclede, Missouri, et No. OST–2002–13435’’ (RIN2120–AD35) re- Airplanes; and Model DC 9 81, DC 9 82, 9 83, as the ‘‘General John J. Pershing Post Of- ceived on April 20, 2004; to the Committee on 9 87, MD 88 and MD 90–30 Airplanes; Doc. No. fice’’; to the Committee on Governmental Commerce, Science, and Transportation. 2002–NM–203’’ (RIN2120–AA64) received on Affairs. EC–7138. A communication from the Pro- April 20, 2004; to the Committee on Com- H.R. 4037. An act to designate the facility gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. of the United States Postal Service located tion, Department of Transportation, trans- EC–7147. A communication from the Pro- at 475 Kell Farm Drive in Cape Girardeau, mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Missouri, as the ‘‘Richard G. Wilson Proc- entitled ‘‘Electrical Equipment and Installa- tion, Department of Transportation, trans- essing and Distribution Facility’’; to the tions, Storage Battery Installation; Elec- mitting, pursuant to law, the report of a rule Committee on Governmental Affairs. tronic Equipment; and Fire Protection of entitled ‘‘Airworthiness Directives: Electrical System Components on Transport Lycoming Engines AEO0–540, IO–540, ITIO– f Category Airplanes’’ (RIN2120–AI21) received 540, O–540, and TIO–540 Series Reciprocating MEASURE HELD AT THE DESK on April 20, 2004; to the Committee on Com- Engines; Doc. No. 2002–NE–31’’ (RIN2120– merce, Science, and Transportation. AA64) received on April 20, 2004; to the Com- The following bill was ordered held at EC–7139. A communication from the Pro- mittee on Commerce, Science, and Transpor- the desk by unanimous consent: gram Analyst, Federal Aviation Administra- tation.

VerDate mar 24 2004 03:12 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A21AP6.025 S21PT1 S4224 CONGRESSIONAL RECORD — SENATE April 21, 2004 EC–7148. A communication from the Pro- transmitting, pursuant to law, the report of eral Communications Commission, transmit- gram Analyst, Federal Aviation Administra- a rule entitled ‘‘Amendment of Section ting, pursuant to law, the report of a rule en- tion, Department of Transportation, trans- 73.202(b), Table of Allotments, FM Broadcast titled ‘‘International Settlements Policy Re- mitting, pursuant to law, the report of a rule Stations (Freer, Hebbronville, and Orange form, International Settlements Rate, entitled ‘‘Airworthiness Directives: Lancair Grove, Texas)’’ received on April 20, 2004; to FCC04–53’’ received on April 20, 2004; to the Company Models LC40–55FG and LC42–550FG the Committee on Commerce, Science, and Committee on Commerce, Science, and Airplanes; Doc. No. 2004–CE–07’’ (RIN2120– Transportation. Transportation. AA64) received on April 20, 2004; to the Com- EC–7158. A communication from the Spe- EC–7167. A communication from the Chief, mittee on Commerce, Science, and Transpor- cial Advisor to the Bureau Chief, Media Bu- Wireless Telecommunications Bureau, Fed- tation. reau, Federal Communications Commission, eral Communications Commission, transmit- EC–7149. A communication from the Pro- transmitting, pursuant to law, the report of ting, pursuant to law, the report of a rule en- gram Analyst, Federal Aviation Administra- a rule entitled ‘‘Amendment of Section titled ‘‘Review of Quiet Zones Application tion, Department of Transportation, trans- 73.202(b), Table of Allotments, FM Broadcast Procedures, WT Doc. No. 01–319’’ received on mitting, pursuant to law, the report of a rule Stations (Fort Collins, Westcliffe, and Wheat April 20, 2004; to the Committee on Com- entitled ‘‘Airworthiness Directives: Airbus Ridge, Colorado)’’ received on April 20, 2004; merce, Science, and Transportation. Model A318, A319, A320, and A321 Series Air- to the Committee on Commerce, Science, EC–7168. A communication from the Chief, planes; Doc. No. 2004–NM–43’’ (RIN2120–AA64) and Transportation. Wireless Telecommunications Bureau, Fed- received on April 20, 2004; to the Committee EC–7159. A communication from the Spe- eral Communications Commission, transmit- on Commerce, Science, and Transportation. cial Advisor to the Bureau Chief, Media Bu- ting, pursuant to law, the report of a rule en- EC–7150. A communication from the Pro- reau, Federal Communications Commission, titled ‘‘Year 2000 Biennial Regulatory Re- gram Analyst, Federal Aviation Administra- transmitting, pursuant to law, the report of view—Amendment of Part 22 of the Commis- tion, Department of Transportation, trans- a rule entitled ‘‘Amendment of Section sion’s Rules to Modify or Eliminate Out- mitting, pursuant to law, the report of a rule 73.202(b), Table of Allotments, FM Broadcast dated Rules Affecting the Cellular Radio- entitled ‘‘Airworthiness Directives: Dassault Stations (Clarksville, Texas and Haworth, telephone Service and Other Commercial Model Mystere-Falcon 50 Series Airplanes; Oklahoma)’’ received on April 20, 2004; to the Mobile Radio Services, WT Doc. No. 01–108’’ Doc. No. 2002–NM–232’’ (RIN2120–AA64) re- Committee on Commerce, Science, and received on April 20, 2004; to the Committee ceived on April 20, 2004; to the Committee on Transportation. on Commerce, Science, and Transportation. Commerce, Science, and Transportation. EC–7160. A communication from the Spe- EC–7169. A communication from the Chief, EC–7151. A communication from the Pro- cial Advisor to the Bureau Chief, Media Bu- Wireless Telecommunications Bureau, Fed- reau, Federal Communications Commission, gram Analyst, Federal Aviation Administra- eral Communications Commission, transmit- transmitting, pursuant to law, the report of tion, Department of Transportation, trans- ting, pursuant to law, the report of a rule en- a rule entitled ‘‘Amendment of Section mitting, pursuant to law, the report of a rule titled ‘‘In the Matter of International Bu- 73.202(b), Table of Allotments, FM Broadcast entitled ‘‘Airworthiness Directives: Dornier reau Filing System (IBFS)’’ received on Stations (Ash Fork, Chino Valleu, Dolan Model 328–100 Series Airplanes; Doc. No. 2002– April 20, 2004; to the Committee on Com- Springs, Fredonia, Gilbert, Peach Springs, NM–300’’ (RIN2120–AA64) received on April 20, merce, Science, and Transportation. Seligman, and Tusayan, Arizona; Moapa Val- 2004; to the Committee on Commerce, EC–7170. A communication from the Sec- ley, Nevada, and Beaver and Cedar City, Science, and Transportation. retary of Homeland Security, transmitting, Utah)’’ received on April 20, 2004; to the Com- EC–7152. A communication from the Pro- pursuant to law, a report relative to oil spill mittee on Commerce, Science, and Transpor- gram Analyst, Federal Aviation Administra- response actions; to the Committee on Com- tion, Department of Transportation, trans- tation. EC–7161. A communication from the Spe- merce, Science, and Transportation. mitting, pursuant to law, the report of a rule EC–7171. A communication from the Under cial Advisor to the Bureau Chief, Media Bu- entitled ‘‘Correction Technical Amendment; reau, Federal Communications Commission, Secretary of Defense for Acquisition, Logis- Manual Requirements in Part 135; Doc. No. transmitting, pursuant to law, the report of tics, and Technology, Department of De- FAA–2004–17119’’ (RIN2120–ZZ46) received on a rule entitled ‘‘Amendment of Section fense, transmitting, pursuant to law, three April 20, 2004; to the Committee on Com- 73.202(b), Table of Allotments, FM Broadcast Selected Acquisition Reports for the quarter merce, Science, and Transportation. Stations (Sheffield, Texas)’’ received on ending December 31, 2003; to the Committee EC–7153. A communication from the Pro- April 20, 2004; to the Committee on Com- on Armed Services. gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. EC–7172. A communication from the Acting tion, Department of Transportation, trans- EC–7162. A communication from the Spe- Assistant Secretary for Legislative Affairs, mitting, pursuant to law, the report of a rule cial Advisor to the Bureau Chief, Media Bu- Department of State, transmitting, pursuant entitled ‘‘Airworthiness Directives: BAE reau, Federal Communications Commission, to law, a report relative to the Cooperative Systems Limited Model 4101; Doc. No. 2002– transmitting, pursuant to law, the report of Threat Reduction Act and the FREEDOM NM–63’’ (RIN2120–AA64) received on April 20, a rule entitled ‘‘Amendment of Section Act with respect to the Republic of 2004; to the Committee on Commerce, 73.202(b), Table of Allotments, FM Broadcast Uzbekistan; to the Committee on Foreign Science, and Transportation. Stations (Mangum and Erick, Oklahoma)’’ Relations. EC–7154. A communication from the Spe- received on April 20, 2004; to the Committee EC–7173. A communication from the Assist- cial Advisor to the Bureau Chief, Media Bu- on Commerce, Science, and Transportation. ant Secretary for Legislative Affairs, De- reau, Federal Communications Commission, EC–7163. A communication from the Spe- partment of State, transmitting, pursuant to transmitting, pursuant to law, the report of cial Advisor to the Bureau Chief, Media Bu- law, a report relative to funds from the a rule entitled ‘‘Amendment of Section reau, Federal Communications Commission, FREEDOM Support Act; to the Committee 73.202(b), Table of Allotments, FM Broadcast transmitting, pursuant to law, the report of on Foreign Relations. Stations (Winnsboro and Annona, Texas)’’ a rule entitled ‘‘Amendment of Section EC–7174. A communication from the Assist- received on April 20, 2004; to the Committee 73.622(b), Table of Allotments, DTV Broad- ant Secretary for Legislative Affairs, De- on Commerce, Science, and Transportation. cast Stations (Nampa, ID)’’ received on April partment of State, transmitting, pursuant to EC–7155. A communication from the Spe- 20, 2004; to the Committee on Commerce, law, a report relative to the Cooperative cial Advisor to the Bureau Chief, Media Bu- Science, and Transportation. Threat Reduction Act with respect to Azer- reau, Federal Communications Commission, EC–7164. A communication from the Spe- baijan and Kazhakstan; to the Committee on transmitting, pursuant to law, the report of cial Advisor to the Bureau Chief, Media Bu- Foreign Relations. a rule entitled ‘‘Amendment of Section reau, Federal Communications Commission, EC–7175. A communication from the Assist- 73.202(b), Table of Allotments, FM Broadcast transmitting, pursuant to law, the report of ant Secretary for Legislative Affairs, De- Stations (Encinal, Texas)’’ received on April a rule entitled ‘‘Section 76.51 Major Tele- partment of State, transmitting, pursuant to 20, 2004; to the Committee on Commerce, vision Markets’’ (DA 00–1337); to the Com- law, a report relative to funds to be distrib- Science, and Transportation. mittee on Commerce, Science, and Transpor- uted with respect to the FREEDOM Support EC–7156. A communication from the Spe- tation. Act; to the Committee on Foreign Relations. cial Advisor to the Bureau Chief, Media Bu- EC–7165. A communication from the Chief EC–7176. A communication from the Under reau, Federal Communications Commission, Financial Officer, Office of Managing Direc- Secretary of Defense, Comptroller, Depart- transmitting, pursuant to law, the report of tor, Federal Communications Commission, ment of Defense, transmitting, pursuant to a rule entitled ‘‘Amendment of Section transmitting, pursuant to law, the report of law, a report of a violation of the 73.202(b), Table of Allotments, FM Broadcast a rule entitled ‘‘Amendment of Parts 0 and 1 Antideficiency Act, case number 03–08; to the Stations (Crowell, Bonham, Bridgeport, Pal- of the Commission’s Rules—Implementation Committee on Appropriations. estine, Ranger, Stephenville, Wellington, of the Debt Collection Improvement Act of EC–7177. A communication from the Under Texas; Apache, Ardmore, Bennington, Cache, 1996 and Adoption of Rules Governing Appli- Secretary of Defense, Comptroller, Depart- Elk City, Lawton, Oklahoma)’’ received on cations or Request for Benefits by Delin- ment of Defense, transmitting, pursuant to April 20, 2004; to the Committee on Com- quent Debtors’’ received on April 20, 2004; to law, a report of a violation of the merce, Science, and Transportation. the Committee on Commerce, Science, and Antideficiency Act, case number 02–15; to the EC–7157. A communication from the Spe- Transportation. Committee on Appropriations. cial Advisor to the Bureau Chief, Media Bu- EC–7166. A communication from the Assist- EC–7178. A communication from the Direc- reau, Federal Communications Commission, ant Bureau Chief, International Bureau, Fed- tor, Fish and Wildlife Service, Department of

VerDate mar 24 2004 03:12 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A21AP6.027 S21PT1 April 21, 2004 CONGRESSIONAL RECORD — SENATE S4225

the Interior, transmitting, pursuant to law, (Ann. 2004–38) received on April 20, 2004; to Mr. DURBIN, Mr. GRASSLEY, Mr. KEN- the report of a rule entitled ‘‘Endangered the Committee on Finance. NEDY, Mr. DEWINE, Mr. FEINGOLD, Mr. and Threatened Wildlife and Plants; Final EC–7188. A communication from the Assist- CRAIG, Mr. KERRY, Mr. GRAHAM of Determination of Threatened Status for the ant Secretary, Division of Investment Man- South Carolina, Mr. SCHUMER, Ms. Beluga Sturgeon (Huso Huso)’’ (RIN1018– agement, Securities and Exchange Commis- COLLINS, Mr. BAYH, Mr. LIEBERMAN, AI11) received on April 20, 2004; to the Com- sion transmitting, pursuant to law, the re- Mrs. CLINTON, Mr. PRYOR, Ms. mittee on Energy and Natural Resources. port of a rule entitled ‘‘Disclosure Regarding STABENOW, and Mr. NELSON of Flor- EC–7179. A communication from the Direc- Market Timing and Selective Disclosure of ida): tor, Office of Surface Mining, Department of Portfolio Holdings’’ (RIN3235–AI99) received S. 2329. A bill to protect crime victims’ the Interior, transmitting, pursuant to law, on April 20, 2004; to the Committee on Fi- rights; ordered held at the desk. the report of a rule entitled ‘‘Clarification of nance. By Mr. ALLEN: Substituted Federal Enforcement for Parts EC–7189. A communication from the Execu- S. 2330. A bill for the relief of Hyang Dong of Missouri’s Permanent Regulatory Pro- tive Director, Neighborhood Reinvestment Joo; to the Committee on the Judiciary. gram and Findings on the Status of Mis- Corporation, transmitting, pursuant to law, By Mr. ALLEN: souri’s Permanent Regulatory Program’’ re- the Corporation’s 2003 Annual Program Per- S. 2331. A bill for the relief of Fereshteh ceived on April 20, 2004; to the Committee on formance Report; to the Committee on Gov- Sani; to the Committee on the Judiciary. Energy and Natural Resources. ernmental Affairs. By Mr. ALLEN: EC–7180. A communication from the Dep- EC–7190. A communication from the Assist- S. 2332. A bill for the relief of James Sy- uty Associate Administrator, Environmental ant Secretary, Occupational Safety and mington; to the Committee on the Judiciary. Protection Agency, transmitting, pursuant Health Administration, Department of By Mr. ALLEN: S. 2333. A bill to prohibit members of to law, the report of two Uniform Resource Labor, transmitting, pursuant to law, the re- criminal street gangs from possessing fire- Locators (URLs) for documents related to port of a rule entitled ‘‘Procedures for the arms; to the Committee on the Judiciary. the Agency’s programs; to the Committee on Handling of Discrimination Complaints By Mr. BROWNBACK (for himself, Mr. Environment and Public Works. Under Section 6 of the Pipeline Safety Im- TALENT, and Mr. ALLEN): EC–7181. A communication from the Dep- provement Act of 2002’’ (RIN1218–AC12) re- S.J. Res. 33. A joint resolution expressing uty Associate Administrator, Environmental ceived on April 20, 2004; to the Committee on support for freedom in Hong Kong; to the Protection Agency, transmitting, pursuant Health, Education, Labor, and Pensions. Committee on Foreign Relations. to law, the report of a rule entitled ‘‘Ap- EC–7191. A communication from the Acting proval and Promulgation of Air Quality Im- Administrator, Department of Health and ADDITIONAL COSPONSORS plementation Plans; Maryland; Revisions to Human Services, transmitting, pursuant to S. 40 the 2005 ROP Plan for the Cecil County Por- law, a report relative to the Inpatient Pro- tion of the Philadelphia-Wilmington-Trenton spective Payment System; to the Committee At the request of Mr. FEINGOLD, the 1-Hour Ozone Nonattainment Area to Reflect on Health, Education, Labor, and Pensions. name of the Senator from New York the Use of MOBILE6’’ (FRL7648–3) received EC–7192. A communication from Assistant (Mr. SCHUMER) was added as a cospon- on April 20, 2004; to the Committee on Envi- Attorney General, Department of Justice, sor of S. 40, a bill to prohibit products ronment and Public Works. transmitting, pursuant to law, the Report of that contain dry ultra-filtered milk EC–7182. A communication from the Dep- the Attorney General relative to the Foreign products or casein from being labeled uty Associate Administrator, Environmental Agents Registration Act for the six-month Protection Agency, transmitting, pursuant as domestic natural cheese, and for period ending June 30, 2003; to the Com- other purposes. to law, the report of a rule entitled ‘‘Ap- mittee on the Judiciary. proval of Section 112(1) Authority for Haz- EC–7193. A communication from the Direc- S. 344 ardous Air Pollutants; Equivalency by Per- tor, Regulations and Forms Services, De- At the request of Mr. AKAKA, the mit Provisions; National Emission Standards partment of Homeland Security, transmit- name of the Senator from Colorado for Hazardous Air Pollutants from the Pulp ting, pursuant to law, the report of a rule en- (Mr. CAMPBELL) was added as a cospon- and Paper Industry; Commonwealth of Vir- titled ‘‘Adjustment of the Immigration Ben- sor of S. 344, a bill expressing the pol- ginia’’ (FRL7648–4) received on April 20, 2004; efit Application Fee Schedule’’ (RIN1615– to the Committee on Environment and Pub- icy of the United States regarding the AA84) received on April 19, 2004; to the Com- United States relationship with Native lic Works. mittee on the Judiciary. EC–7183. A communication from the Dep- Hawaiians and to provide a process for uty Associate Administrator, Environmental f the recognition by the United States of Protection Agency, transmitting, pursuant INTRODUCTION OF BILLS AND the Native Hawaiian governing entity, to law, the report of a rule entitled ‘‘Clean and for other purposes. Air Act Reclassification, San Joaquin Valley JOINT RESOLUTIONS Nonattainment Area; California’’ (FRL#7648– The following bills and joint resolu- S. 538 8) received on April 20, 2004; to the Com- tions were introduced, read the first At the request of Mrs. CLINTON, the mittee on Environment and Public Works. and second times by unanimous con- name of the Senator from California EC–7184. A communication from the Dep- sent, and referred as indicated: (Mrs. BOXER) was added as a cosponsor uty Associate Administrator, Environmental of S. 538, a bill to amend the Public Protection Agency, transmitting, pursuant By Mr. EDWARDS: S. 2325. A bill to strengthen telehealth pro- Health Service Act to establish a pro- to law, the report of a rule entitled ‘‘Condi- gram to assist family caregivers in ac- tional Approval and Promulgation of Imple- grams; to the Committee on Health, Edu- mentation Plans: Michigan: Oxides of Nitro- cation, Labor, and Pensions. cessing affordable and high-quality res- gen Rules’’ (FRL#7647–6) received on April By Mr. FEINGOLD: pite care, and for other purposes. 20, 2004; to the Committee on Environment S. 2326. A bill to modify the optional meth- S. 560 and Public Works. od of computing net earnings from self-em- At the request of Mr. CRAIG, the EC–7185. A communication from the Dep- ployment; to the Committee on Finance. name of the Senator from California By Mr. CAMPBELL (for himself, Ms. uty Associate Administrator, Environmental (Mrs. FEINSTEIN) was added as a co- COLLINS, and Ms. SNOWE): Protection Agency, transmitting, pursuant sponsor of S. 560, a bill to impose tariff- to law, the report of a rule entitled ‘‘Interim S. 2327. A bill to amend title 38, United Final Determination that State has Cor- States Code, to clarify that per diem pay- rate quotas on certain casein and milk rected a Deficiency in the Arizona State Im- ments by the Department of Veterans Affairs protein concentrates. plementation Plan, Arizona Department of for the care of veterans in State homes shall S. 640 Environmental Quality’’ (FRL#7650–3) re- not be used to offset or reduce other pay- At the request of Mr. LEAHY, the ceived on April 20, 2004; to the Committee on ments made to assist veterans; to the Com- name of the Senator from Connecticut mittee on Veterans’ Affairs. Environment and Public Works. (Mr. DODD) was added as a cosponsor of EC–7186. A communication from the Dep- By Mr. DORGAN (for himself, Ms. uty Associate Administrator, Environmental SNOWE, Mr. KENNEDY, Mr. MCCAIN, S. 640, a bill to amend subchapter III of Protection Agency, transmitting, pursuant Mr. DASCHLE, Mr. LOTT, Ms. chapter 83 and chapter 84 of title 5, to law, the report of a rule entitled ‘‘Na- STABENOW, Mr. CHAFEE, Mr. JOHNSON, United States Code, to include Federal tional Environmental Performance Track Mr. PRYOR, and Mr. FEINGOLD): prosecutors within the definition of a Program’’ (FRL7650–6) received on April 20, S. 2328. A bill to amend the Federal Food, law enforcement officer, and for other 2004; to the Committee on Environment and Drug, and Cosmetic Act with respect to the purposes. Public Works. importation of prescription drugs, and for S. 874 EC–7187. A communication from the Acting other purposes; to the Committee on Health, Chief, Publications and Regulations Branch, Education, Labor, and Pensions. At the request of Mr. TALENT, the Internal Revenue Service, transmitting, pur- By Mr. KYL (for himself, Mrs. FEIN- name of the Senator from Michigan suant to law, the report of a rule entitled STEIN, Mr. HATCH, Mr. LEAHY, Mr. (Ms. STABENOW) was added as a cospon- ‘‘Implementation of Section 102 of H.R. 3108’’ FRIST, Mr. DASCHLE, Mr. MCCONNELL, sor of S. 874, a bill to amend title XIX

VerDate mar 24 2004 03:12 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A21AP6.029 S21PT1 S4226 CONGRESSIONAL RECORD — SENATE April 21, 2004 of the Social Security Act to include S. 2236 Revenue Code of 1986 to comply with primary and secondary preventative At the request of Ms. CANTWELL, the the World Trade Organization rulings medical strategies for children and name of the Senator from Michigan on the FSC/ETI benefit in a manner adults with Sickle Cell Disease as med- (Ms. STABENOW) was added as a cospon- that preserves jobs and production ac- ical assistance under the medicaid pro- sor of S. 2236, a bill to enhance the reli- tivities in the United States, to reform gram, and for other purposes. ability of the electric system. and simplify the international taxation S. 952 S. 2270 rules of the United States, and for At the request of Mr. CORZINE, the At the request of Mr. DEWINE, the other purposes. name of the Senator from New Mexico names of the Senator from Michigan f (Mr. BINGAMAN) was added as a cospon- (Mr. LEVIN) and the Senator from Cali- STATEMENTS ON INTRODUCED sor of S. 952, a bill to amend title XVIII fornia (Mrs. BOXER) were added as co- BILLS AND JOINT RESOLUTIONS of the Social Security Act to reduce sponsors of S. 2270, a bill to amend the the work hours and increase the super- Sherman Act to make oil-producing By Mr. FEINGOLD: vision of resident-physicians to ensure and exporting cartels illegal. S. 2326. A bill to modify the optional method of computing net earnings the safety of patients and resident-phy- S. 2275 sicians themselves. from self-employment; to the Com- At the request of Ms. MIKULSKI, the mittee on Finance. S. 1172 name of the Senator from Nevada (Mr. Mr. FEINGOLD. Mr. President, I rise At the request of Mr. FRIST, the REID) was added as a cosponsor of S. today to address an injustice in the names of the Senator from Maryland 2275, a bill to amend the Homeland Se- Tax Code that is threatening family (Mr. SARBANES) and the Senator from curity Act of 2002 (6 U.S.C. 101 et seq.) farmers and other self-employed indi- California (Mrs. BOXER) were added as to provide for homeland security as- viduals. A number of my constituents, cosponsors of S. 1172, a bill to establish sistance for high-risk nonprofit organi- primarily Wisconsin farmers, have re- grants to provide health services for zations, and for other purposes. quested Congress’s assistance to cor- improved nutrition , increased physical S. 2278 rect the Tax Code so they can protect activity, obesity prevention, and for At the request of Mr. ENSIGN, the their families. The legislation I intro- other purposes. names of the Senator from Utah (Mr. duce today, the Farmer Tax Fairness S. 1557 HATCH), the Senator from Alaska (Mr. Act of 2004, will solve the problem for At the request of Mr. MCCONNELL, STEVENS) and the Senator from Alaska today and into the future. the name of the Senator from Illinois (Ms. MURKOWSKI) were added as cospon- Farming is vital to Wisconsin. Wis- (Mr. FITZGERALD) was added as a co- sors of S. 2278, a bill to amend title 28, consin’s agricultural industry plays a sponsor of S. 1557, a bill to authorize United States Code, to provide for the large and important role in the growth the extension of nondiscriminatory appointment of additional Federal cir- and prosperity of the entire State. Wis- treatment (normal trade relations cuit judges, to divide the Ninth Judi- consin’s status as ‘‘America’s treatment) to the products of Armenia. cial Circuit of the United States into 3 Dairyland,’’ is central to our State’s S. 1916 circuits, and for other purposes. agriculture industry. Wisconsin’s dairy At the request of Ms. LANDRIEU, the S. 2311 farmers produce approximately 23 bil- name of the Senator from Michigan At the request of Ms. SNOWE, the lion pounds of milk and 25 percent of (Ms. STABENOW) was added as a cospon- name of the Senator from Arizona (Mr. the country’s butter a year. But Wis- sor of S. 1916, a bill to amend title 10, MCCAIN) was added as a cosponsor of S. consin’s farmers produce much more United States Code, to increase the 2311, a bill to provide for various en- than milk; they also are national lead- minimum Survivor Benefit Plan basic ergy efficiency programs and tax in- ers in the production of cheese, pota- annuity for surviving spouses age 62 centives, and for other purposes. toes, ginseng, cranberries, various and older, to provide for a one-year S. RES. 269 processing vegetables, and many or- open season under that plan, and for At the request of Mr. LEVIN, the ganic foods. So when the hard-working other purposes. name of the Senator from California farmers of Wisconsin need help, I will S. 2099 (Mrs. BOXER) was added as a cosponsor do all I can to assist. One concern of Wisconsin farmers is At the request of Mr. MILLER, the of S. Res. 269, a resolution urging the that the Tax Code can limit their eligi- name of the Senator from Minnesota Government of Canada to end the com- bility for social safety net programs, (Mr. DAYTON) was added as a cosponsor mercial seal hunt that opened on No- including old age, survivors, and dis- of S. 2099, a bill to amend title 38, vember 15, 2003. ability insurance, OASDI, under Social United States Code, to provide entitle- S. RES. 310 Security and the hospital insurance HI ment to educational assistance under At the request of Mr. CAMPBELL, the part of Medicare. There programs are the Montgomery GI Bill for members of name of the Senator from Delaware paid for through payroll taxes on work- the Selected Reserve who aggregate (Mr. BIDEN) was added as a cosponsor of ers and through the self-employment more than 2 years of active duty serv- S. Res. 310, a resolution commemo- tax on the income of self-employed in- ice in any five year period, and for rating and acknowledging the dedica- dividuals. To be eligible for OSADI and other purposes. tion and sacrifice made by the men and HI benefits an individual must be fully women who have lost their lives while S. 2100 insured and must have earned a min- serving as law enforcement officers. At the request of Mr. MILLER, the imum amount of income in the years name of the Senator from Minnesota S. RES. 334 immediately preceding the need for (Mr. DAYTON) was added as a cosponsor At the request of Mr. FITZGERALD, coverage. Every year, the Social Secu- of S. 2100, a bill to amend title 10 the name of the Senator from Arizona rity Administration, SSA, sets the United States Code, to increase the (Mr. MCCAIN) was added as a cosponsor amount of earned income that individ- amounts of educational assistance for of S. Res. 334, a resolution designating uals must pay taxes on to earn quar- members of the Selected Reserve, and May 2004 as National Electrical Safety ters of coverage, QCs, and maintain for other purposes. Month. their benefits. An individual’s eligi- S. 2212 AMENDMENT NO. 2649 bility requirements depend upon the At the request of Ms. COLLINS, the At the request of Mr. BAYH, the age at which death or disability occurs, names of the Senator from Illinois (Mr. names of the Senator from Arkansas but for workers over 31 years of age, DURBIN) and the Senator from Ohio (Mrs. LINCOLN), the Senator from Ar- they must have earned at least 20 QCs (Mr. DEWINE) were added as cosponsors kansas (Mr. PRYOR), the Senator from within the past 10 years. of S. 2212, a bill to amend title VII of North Carolina (Mr. EDWARDS) and the Self-employed individuals can have the Tariff Act of 1930 to provide that Senator from Illinois (Mr. DURBIN) highly variable income, and, particu- the provisions relating to counter- were added as cosponsors of amend- larly for farmers at the whim of Moth- vailing duties apply to nonmarket ment No. 2649 intended to be proposed er Nature, not every year is a good economy countries. to S. 1637, a bill to amend the Internal year. During lean years, individuals

VerDate mar 24 2004 03:12 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A21AP6.030 S21PT1 April 21, 2004 CONGRESSIONAL RECORD — SENATE S4227 may not earn enough income to main- When incomes fall, the Tax Code pro- and provide consumers with the urgent tain adequate coverage under OASDI vides optional methods for calculating help they need accessing more afford- and HI. Therefore, the Tax Code pro- net earnings to ensure that farmers able medicines. vides options to allow self-employed in- and self-employed individuals maintain It is my hope that the Senate will dividuals to maintain eligibility for eligibility for social safety net pro- take up and pass this legislation on an benefits. These options allow individ- grams. Due to inflation, the Tax Code expedited basis because American con- uals to choose to pay taxes based on has not kept up and many farmers are sumers, especially senior citizens, $1,600 of earned income, thus allowing losing eligibility for some of Social Se- State and local governments, and busi- self-employed entrepreneurs to main- curity’s programs. Congress needs to nesses large and small are desperate for tain the same Federal protections even provide security to farm families and action by Congress to give them relief when their income varies. other self-employed individuals. I urge from high drug prices. It has been well Unfortunately, both the options for my colleagues to support the Farmer documented that Americans are farmers and nonfarmers—Social Secu- Tax Fairness Act of 2004. charged the highest prices in the world rity Act § 211(a) and I.R.C. § 1402(a)— for the exact same medicines that con- have not kept pace with inflation, and By Mr. CAMPBELL (for himself, sumers in other major industrialized they no longer provide security to fam- Ms. COLLINS, and Ms. SNOWE) countries buy at a fraction of the price. ilies across the country. Decades ago, S. 2327. A bill to amend title 38, For example, Lipitor, a cholesterol- self-employment income of $1,600 United States Code, to clarify that per lowering medicine that is the top-sell- earned an individual four QCs under diem payments by the Department of ing drug in the United States, is made SSA’s calculations. In 2001, the amount Veterans Affairs for the care of vet- in the same plant and put in the same needed to earn a QC rose to $830 of erans in State homes shall not be used bottle. One bottle is shipped to Amer- earned income, so individuals electing to offset or reduce other payments ican pharmacies, and the other to Ca- the optional methods were only able to made to assist veterans; to the Com- nadian Pharmacies. Both are approved earn one QC, making it much harder mittee on Veterans’ Affairs. by the Food and Drug Administration. for them to remain eligible for bene- Mr. CAMPBELL. Mr. President, I ask The only difference? The price. One fits. unanimous consent that the text of the tablet purchased by a pharmacist in Congress’s failure to address this bill be printed in the RECORD. Canada costs $1.01; the same tablet pur- problem threatens the ability of self- There being no objection, the bill was chased by an American pharmacist employed individuals to maintain eligi- ordered to be printed in the RECORD, as costs $1.86, 84 percent more than in bility for OASDI and HI. I have heard follows: Canada. from several of my constituent who S. 2327 The high prices charged for prescrip- want these options to be fixed so they Be it enacted by the Senate and House of Rep- tion drugs in the United States are can make sure their families will be resentatives of the United States of America in forcing Americans and state and local taken care of in the event that some- Congress assembled, governments to turn to Canada to buy thing unforeseen occurs. SECTION 1. TREATMENT OF DEPARTMENT OF their medicines. Dozens of State and VETERANS AFFAIRS PER DIEM PAY- Therefore, I am introducing the MENTS TO STATE HOMES FOR VET- local governments—from Maine to Farmer Tax Fairness Act of 2004 in ERANS. Massachusetts to North Dakota—are order to provide farmers and self-em- Section 1741 of title 38, United States Code, now implementing drug importation ployed individuals with a fair choice. is amended by adding at the end the fol- programs with Canada to save their Under this bill, they will continue to lowing new subsection: citizens and their health care programs be able to elect the optional method if ‘‘(e) Payments to States pursuant to this millions of dollars. Individual Ameri- section shall not be considered a liability of they so choose. When individuals do a third party, or otherwise be utilized to off- cans are now importing more than $1.1 elect the option, this legislation pro- set or reduce any other payment made to as- billion in prescription drugs from Can- vides an update to the Tax Code so sist veterans.’’. ada. farmers and self-employed individuals Unfortunately, they are doing so ille- can retain full eligibility for OASDI By Mr. DORGAN (for himself, Ms. gally, according to the FDA. The phar- and HI benefits. It indexes the optional SNOWE, Mr. KENNEDY, Mr. maceutical industry is the only indus- income levels to SSA’s QC calcula- MCCAIN, Mr. DASCHLE, Mr. try that benefits from a Congressional tions, allowing these farmers and self- LOTT, Ms. STABENOW, Mr. ban on re-imported products. The time employed individuals to claim enough CHAFEE, Mr. JOHNSON, Mr. has come to eliminate that barrier so earned income to qualify for four OCs PRYOR, and Mr. FEINGOLD. American consumers, too, can benefit annually. By linking the earned in- S. 2328. A bill to amend the Federal from the global marketplace. come level to SSA’s requirements for Food, Drug, and Cosmetic Act with re- Big, multi-national drug companies QCs, the bill will ensure that the spect to the importation of prescrip- already reap the benefits of the world amount of income deemed to be earned tion drugs, and for other purposes; to market. In fact, more than $40 billion under the optional methods will not the Committee on Health, Education, of the prescription drugs consumed by need to be adjusted by Congress again. Labor, and Pensions. Americans in 2002 were made in other In addition to providing security to Mr. DORGAN. Mr. President, today I countries, such as Ireland, Singapore, self-employed individuals and farmers am introducing bipartisan legislation and Japan so that the drug companies across the country, this solution is fis- to allow prescription drug importation could take advantage of tax breaks, cally responsible. It actually provides a from Canada, the European Union, and cheaper labor and other incentives short run increase in U.S. Treasury a few other countries. I am very available abroad. revenues while having negligible im- pleased to be joined on this bill by Sen- What’s good for the goose should be pact upon the Social Security trust ators SNOWE, KENNEDY, MCCAIN, good for the gander—American con- fund in the long run. DASCHLE, LOTT, STABENOW, CHAFEE, sumers, pharmacists, and drug whole- Let me take a moment to acknowl- JOHNSON, PRYOR, and FEINGOLD. salers should be equally free to pur- edge the efforts of the Senator from This new bill, the Pharmaceutical chase FDA-approved medicines from Iowa, Mr. GRASSLEY, to address this Market Access and Drug Safety Act, is Canada, Europe and elsewhere. The bill problem in the 107th Congress. As an important breakthrough for several I am introducing today would allow chairman of the Senate Finance Com- reasons. First, it is a bipartisan effort, just that. mittee, he included similar legislative and as we all know, bipartisanship is This new bill is similar in many re- language in the chairman’s mark for the best way to get things done in Con- spects to the Pharmaceutical Market the Small Business and Farm Eco- gress today or any day. Second, this Access Act, sometimes called the ‘‘Gut- nomic Recovery Act of 2002. The Sen- bill addresses the safety issues that knecht bill’’, which was passed by the ate Finance Committee held a markup have been raised by some and makes House of Representatives by a wide bi- on the legislation on September 19, certification by the Health and Human partisan margin last July. For in- 2002, but the changes to the optional Services Secretary unnecessary. There- stance: Both bills allow prescription methods did not become law. fore, it would take effect immediately drugs to be imported from Canada, the

VerDate mar 24 2004 03:12 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A21AP6.032 S21PT1 S4228 CONGRESSIONAL RECORD — SENATE April 21, 2004 European Union, and some other major are fully licensed in accordance with applica- in introducing legislation to allow the industrialized nations. Both bills re- ble state and federal law to act as phar- importation of safe prescription drugs quire pharmacies and wholesalers to macies or wholesalers of prescription drugs. from Canada, the European Union, register with the FDA to be able to im- Importers and all resellers of imported Australia, New Zealand and Japan. products must provide a full chain-of-cus- port prescription drugs. Both bills pro- tody (pedigree), tracking possession of drugs This issue is about fairness for mid- vide for the importation of FDA-ap- from the point of manufacture to the sale to dle class Americans who are struggling proved medicines. Both bills allow for the consumer. to afford costly prescription drugs. reliance on anti-counterfeiting tech- Drugs must be re-labeled in English to Americans understand fairness, and nology to ensure drug safety. Both bills comply with FDA requirements. The FDA they know it’s wrong that Americans allow for drug importation to begin im- will provide approved labeling information pay far too much for prescription mediately, without first requiring cer- to importers. drugs—more than Canadians, more tification by the HHS Secretary. FDA may ban the importation of a product than the British, more than in any that has been determined to be counterfeit, However, my cosponsor and I also be- contaminated, or is otherwise adulterated so other country in the world. That’s not lieve that our bill makes a number of as not to meet the requirements of this legis- right. Prescription drugs mean the dif- improvements over the Pharma- lation. FDA may require testing of ship- ference between sickness and health— ceutical Market Access Act both in ments of product or use of approved anti- even life and death—for millions of av- terms of safety and closing loopholes counterfeiting technologies to verify the erage Americans. It’s not fair that drug to ensure that a drug importation pro- chain-of-custody of a drug. companies overcharge middle class gram will not be thwarted by the big This bill specifically protects pharmacies, families and patients have to do with- drug manufacturers. For example, this wholesalers, and individuals from patient out the drugs they need. damages arising from the importation of We’re here to say that help is on the bill ensures that individual Americans drugs. who import their prescription drugs via way. III. PERSONAL IMPORTATION BY INDIVIDUALS the Internet or mail-order are doing so Our legislation will legalize safe im- Immediately upon enactment, an indi- from safe, reliable Canadian phar- ports of U.S.-approved drugs manufac- vidual may import up to a 90 day supply of tured in U.S.-approved plants. It is a macies. This bill gives the FDA the a prescription drug from Canada for their ability to inspect Canadian exporters personal use or for the personal use of a fam- creative new approach to meeting the to assure safety. This bill enhances the ily member, just as they do now. Once the needs of our middle class families. We FDA’s ability to stop those drug im- FDA has implemented regulations, individ- know it will be opposed by the drug ports that are unsafe. This bill would uals may be shipped prescription drugs pur- companies, who are determined to con- give the FDA the resources needed to chased via mail-order or websites only from tinue to reap windfall profits at the ex- ensure the safety of imported medi- a Canadian pharmacy registered under this pense of American patients. It will be Act. These Canadian exporters will be fully cines. opposed by the Bush Administration, inspected and approved by the FDA. Cana- which is determined to protect the In addition, this bill contains several dian pharmacies must validate a U.S. pre- provisions to close loopholes that scription, review health and medication his- pharmaceutical industry and its power- would allow drug companies to cir- tory, and track shipments. ful campaign contributors. But it will cumvent drug importation. Unfortu- The bill also allows individual Americans be welcomed by someone else—by nately, a number of big drug companies who travel outside the United States to every family in every community in are cutting off medicines to Canadian bring back with them for their personal use America who needs to fill a prescrip- pharmacies that sell to Americans. a 90-day supply of medicine from Canada, tion. Australia, current countries in the European Every pharmaceutical company in This bill would make such tactics an Union, Japan, New Zealand, or Switzerland unfair trade practice. the world wants its drugs approved for or a 14-day supply of medicine from another sale in the United States. We’re the We will now work with the Senate foreign country. leadership to get this bill enacted in The bill continues the FDA’s current largest market on Earth. A decision by the Senate promptly. The Senate has ‘‘compassionate use’’ policy by allowing im- the Food and Drug Administration voted on drug importation legislation portation for patients with special needs. that a drug is safe and effective is the three times since 2000. There is no need IV. ‘‘GAMING’’ THE SYSTEM gold standard for the world. But once for a protracted debate. In invite my The bill protects those selling or using that drug is approved for use in the colleagues to join me in cosponsoring drugs imported under the program by pre- United States, the drug manufacturer this bill and in acting soon to give our venting an individual from taking actions applies a greedy double standard. constituents relief from high drug that would have the effect of thwarting drug What’s fair about a system that forces prices. importation. Any individual who takes such American patients to pay sixty percent an action against a pharmacist, wholesaler, I ask unanimous consent that a sum- more than the British pay or the Swiss or consumer to hinder their importation of pay for an FDA-approved drug manu- mary of this bill be printed in the prescription drugs will be in violation of the RECORD. Clayton Act, and treble economic damages factured to FDA standards? What’s fair There being no objection, the sum- may be awarded. when, on average, Americans pay two- mary was ordered to be printed in the The proposal includes features to prevent a thirds more than Canadians? What’s RECORD, as follows: drug manufacturer from blocking importa- fair when Americans pay 80 percent tion of drugs, such as by changing the color, PHARMACEUTICAL MARKET ACCESS AND DRUG more than Germans and twice as much dosage form, or place of manufacture of the SAFETY ACT as Italians? drug so that it is no longer FDA-approved. This legislation will end that inde- I. IMPORTABLE DRUGS Drug manufacturers that make these kinds fensible disparity, by enabling U.S. Drugs must be approved by the Food and of changes would be required to notify the consumers to buy FDA-approved drugs Drug Administration and manufactured in FDA, and the FDA would be given the au- an FDA-inspected plant. thority to take the steps needed to approve at the same fair prices as they are sold Drugs must be patient-administered and the drug. abroad. The drug companies and the Bush not a controlled substance, an infused or in- V. LIMITING UNSAFE DRUG IMPORTS jected drug, a biologic, or a drug inhaled dur- Administration claim that imported ing surgery. Customs could seize and destroy small quantities of drugs imported by individuals drugs threaten the health of American II. COMMERCIAL IMPORTATION BY PHARMACISTS from foreign exporters that are unapproved. consumers because of the possibility of AND DRUG WHOLESALERS The FDA would provide the individual whose counterfeiting or adulteration. Under Allows importation by licensed phar- drugs were seized with a simple notice ex- this bill, that argument can’t pass the macists and wholesalers from Canada within plaining how the individual can import drugs laugh test. 90 days of enactment and from the current from registered Canadian exporters safely One-quarter of the drugs that Ameri- European Union members, Australia, New and legally. cans use today are already legally im- Zealand, Japan, and Switzerland beginning Mr. KENNEDY. Mr. President, I am ported into the United States. The one year from enactment. Requires registration of wholesalers and pleased today to join my colleagues American people have no idea how pharmacies with FDA, and levies capped fees Senator DORGAN, Senator SNOWE, Sen- large a percentage of the pills they to support the costs of the program. Reg- ator MCCAIN, Senator DASCHLE, Sen- take are out-sourced—produced for istration may only be of those entities that ator LOTT, Senator CHAFEE and others U.S. drug-makers in plants overseas,

VerDate mar 24 2004 04:11 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A21AP6.034 S21PT1 April 21, 2004 CONGRESSIONAL RECORD — SENATE S4229 where wages are cheaper. The catch is more seniors without a substantial pre- announced that their drug importation that the law allows that. Drugs can be scription drug benefit, filling a doctor’s program saved the city more than $2 legally imported by the drug compa- prescription is unaffordable for many million in the last 9 months alone. De- nies themselves, who then sell them at people in this country. Every day, far spite these successes, our Federal regu- the high U.S. price. too many families are forced to make lators continue to oppose any effort to If drug companies can import drugs difficult choices between life-sus- facilitate importation. at high prices, why can’t patients im- taining prescription drugs and other Throughout the debate surrounding port them at fair prices? daily necessities. prescription drug importation, much Our legislation sets up iron-clad safe- The United States represents the concern has been raised regarding con- ty procedures to guarantee that every largest pharmaceutical market in the sumer safety and the security of the drug imported legally into the United world. Our taxpayers make substantial U.S. drug supply, with a particular States is the same FDA-approved drug investments into pharmaceutical refocus on the dangers of Internet phar- that was originally manufactured in an search and development. And yet, macies and counterfeit drugs. Let me FDA-approved plant—whether the drug Americans are still paying 30 to 75 per- be clear. None of us want American is manufactured abroad and shipped to cent more for their prescriptions than consumers to be harmed from pur- the U.S., or whether it is manufactured consumers in Canada, the European chasing imported prescription drugs. in the United States, shipped abroad Union, and elsewhere. That is why throughout the develop- and then imported back into the In 2000, Congress passed the Medicine ment of this package, consumer safety United States. Equity and Drug Safety, MEDS, Act to has remained our primary concern. Under our bill, the FDA is given new provide Americans with a legal means This bill includes a number of meas- legal authority and resources to en- to obtain lower cost prescription drugs ures which will make imported drugs force the law. In fact, under this legis- from industrialized countries with pre- as safe, if not safer, than drugs pur- lation, the procedures to prevent coun- scription drug regulatory systems chased through the domestic supply terfeiting or adulteration of drugs similar to our own. Yet here we are, chain. With proper government over- shipped into the United States are ac- four years later, and Americans still sight, such as that which would be pro- tually stronger than the protections cannot legally access lower cost pre- vided under our legislation, Americans against counterfeiting of drugs manu- scription drugs from other nations. The should be able to obtain access to safe factured for the domestic market. safety certification requirement con- lower cost prescription drugs from Can- Our legislation also includes strict tained in the MEDS Act proved to be a ada, the EU and other markets. rules to close the loopholes that drug poison pill. In the bill we are intro- Under our proposal, during the first year after enactment, the bill would companies may use to evade the law. ducing today, we have spelled out the enable individual American consumers, Violations will be considered unfair safety measures that will be necessary wholesalers, and pharmacists to import trade practices under the Clayton Act, for an importation program, making FDA approved prescription drugs from and violators will be subject to triple the certification requirement unneces- FDA approved and inspected Canadian damages. sary. No doubt, in the months ahead, as According to recent polls, nearly two exporters. Recognizing that the Cana- the election approaches and the polit- thirds of Americans believe the govern- dian market is too small to satisfy the American demand, one year after en- ical pressure builds, drug companies ment should make it easier to import actment, the bill would allow FDA ap- and their allies in the Bush Adminis- lower cost drugs from Canada and proved pharmacists and wholesalers to tration and Congress will offer an al- other countries. And, Americans have import FDA approved drugs from a ternative program. They’ll call it an begun to take matters into their own larger group of nations, including the importation bill, but consumers be- hands. Last year, Americans spent an European Union, Switzerland, Aus- ware. Counterfeit drugs have no place estimated $1.1 billion on prescription tralia, New Zealand and Japan. in American medicine cabinets, and drugs imported from Canada, twice the To ensure the safety of this new sys- counterfeit proposals to reduce drug amount that was spent the previous tem, the FDA would be required to reg- prices have no place in Congress. year. And states are now taking action ularly inspect Canadian exporters as Year in and year out, drug companies too. well as domestic importers. The legis- profits are the highest of any industry We also passed an enormous expan- lation also would require all importers in the United States. Year in and year sion to the Medicare program, last and exporters to maintain a full chain out, patients are denied the life-saving year. Unfortunately, that new law of custody, or pedigree, for the drugs drugs they need because those astro- largely benefits the pharmaceutical in- imported into the U.S. nomical profits are obtained by equally dustry and other special interests, and I want to mention my concerns over astronomical prices—prices that drug is already slated to cost $534 billion— actions recently taken by several pow- companies can’t charge anywhere else $134 billion more than was estimated erful brand companies. Putting profits in the world because no other country just a few months ago. That law, which before patients, they have limited the in the world would tolerate such high will burden American taxpayers for supply of pharmaceuticals to Canadian prices. It’s time to end the shameful generations to come and contributes pharmacies and wholesalers who export price-gouging here at home. It’s time substantially to the financial insol- to the United States. Such a practice is for basic fairness. It’s time to pass this vency of the Medicare program, did unacceptable. Therefore, our bill seeks bill, and I urge my colleagues in the practically nothing to rein in the cost to close potential loopholes that would Senate to support it. of prescription drugs. allow companies to game the system Mr. MCCAIN. Mr. President, I am With all of the money the Federal and unfairly discriminate against phar- pleased to join Senators DORGAN, Government will now be spending on macists or wholesalers. SNOWE, KENNEDY, DASCHLE, and others prescription drugs, very little is being Prescription drug importation may in introducing the Pharmaceutical done to help reduce their costs. In fact, not be the silver bullet that will make Market Access and Drug Safety Act of the Medicare package explicitly pro- prescriptions more affordable for all 2004. This bill represents a strong bi- hibits the Secretary of Health and Americans, but it is a step in the right partisan compromise, and is designed Human Services from engaging in ne- direction. At a minimum, Americans to establish a system for American gotiations to lower prescription drug deserve fairer prices for the prescrip- consumers to safely import lower cost costs. This must change. tion drugs their tax dollars helped to prescription drugs. In the absence of Federal action, develop. American consumers are frustrated, States such as Minnesota, Illinois, I have long supported prescription and for good reason. We pay the high- Iowa, Wisconsin, Vermont and New drug importation, and I find it remark- est prices in the world for brand name Hampshire, together with cities such able that our Federal regulations still prescription drugs. Prices continue to as Springfield and Boston, MA, Mont- do not give American consumers the rise at double digit rates—far out- gomery, AL, and Los Angeles, CA, have right to access the same markets as pacing inflation. With over 43 million moved this issue to the forefront. In consumers in other parts of the devel- uninsured Americans and millions fact, the City of Springfield recently oped world.

VerDate mar 24 2004 03:12 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A21AP6.038 S21PT1 S4230 CONGRESSIONAL RECORD — SENATE April 21, 2004 We are under no illusions that this is I will never forget the victims I justice and victims’ service providers. a perfect bill, however, it does rep- worked with as a prosecutor or the Department of Justice employees who resent a solid, bipartisan compromise. needs of the new victims minted each fail to comply with the law pertaining We are committed to continuing to day through the crimes committed to the treatment of crime victims consider ways to technically improve against them. I believe that victims could face disciplinary sanctions, in- the bill and ensure that the system we should be notified when the defendant cluding suspension or termination of are developing is as effective and effi- is in court or when he is about to be re- employment. cient as possible to provide all Amer- leased. I believe that victims should be Third, our statute incorporates addi- ican consumers access to more afford- heard at critical stages of the prosecu- tional proposals from S. 805 to help able prescription drugs. tion. I believe that victims are entitled States implement and enforce their We cannot allow election year poli- to restitution from offenders. In recent own victims’ rights laws. In this way, tics to distract us from passing critical years, the debate was never about instead of replacing programs that legislation that will substantially ben- whether victims should be protected— have already been implemented by a efit the millions of Americans who of course they should. Rather, the de- majority of States, our statute enables struggle to afford the high cost of pre- bate was about how they should be pro- States to retain their full power to pro- scription drugs. Despite the challenges tected, and whether the proposed con- tect victims in the ways most appro- of passing this legislation in an elec- stitutional amendment was the best priate to local concerns and local tion year, we are committed to this ef- way to do that. needs. fort. I did not think the proposed amend- Fourth, our statute calls for two an- I believe American consumers de- ment was the best way forward. The nual reports, one by the Administra- serve access to safe and affordable im- one thing about which every witness tive Office of the Courts, and the other ported prescription drugs. I am com- who testified on this issue agreed was by the General Accounting Office. mitted to working with my colleagues, that every right provided by the Vic- These reports will provide Congress on both sides of the aisle, to move this tims Rights Amendment can be, or al- with feedback on how the rights and issue forward expeditiously and to en- ready is, protected by State or federal procedures established by the statute sure that our strong bipartisan com- statutory law. are working in practice. Over time, we promise is enacted this year. We have long had it in our power to will be able to modify and fine-tune the I urge my colleagues to support this enhance victims’ rights through reg- statute so that it provides an appro- measure. ular legislation legislation that could priate degree of protection for the pass with a simple majority and make rights of crime victims. By Mr. KYL (for himself, Mrs. an immediate difference in the lives of I emphasize that passage of this bill FEINSTEIN, Mr. HATCH, Mr. crime victims. Legislative enhance- will necessitate careful oversight of its LEAHY, Mr. FRIST, Mr. DASCHLE, ments are more easily enacted, more implementation by Congress. If, as I Mr. MCCONNELL, Mr. DURBIN, directly applied and implemented, and hope, Federal judges and prosecutors Mr. GRASSLEY, Mr. KENNEDY, more able to provide specific, effective take victims’ rights seriously, there Mr. DEWINE, Mr. FEINGOLD, Mr. remedies. In addition, as Chief Justice should be little need for victims to CRAIG, Mr. KERRY, Mr. GRAHAM Rehnquist and others have pointed out, bring mandamus actions to enforce of South Carolina, Mr. SCHU- statutes are more easily corrected if we their rights. But if, for whatever rea- MER, Ms. COLLINS, Mr. BAYH, find, in hindsight, that they need cor- son, victims feel that they are not Mr. LIEBERMAN, Mrs. CLINTON, rection, clarification or improvement. being treated fairly, we may see a wave Mr. PRYOR, Ms. STABENOW, and I am delighted to be here today with of new litigation in the Federal courts, Mr. NELSON of Florida): the principal sponsors of S.J. Res. 1, with victims and their lawyers having S. 2329. A bill to protect crime vic- the distinguished Senators from Cali- to insert themselves into criminal tims’ rights; ordered held at the desk. fornia and Arizona, and with others, cases. We will need to monitor the situ- Mr. LEAHY. Mr. President, this past both supporters and opponents of the ation closely. Sunday marked the start of National constitutional amendment, to join to- I am committed to giving victims Crime Victims’ Rights Week. We set gether in our support of this crime vic- real and enforceable rights. But I am this week aside each year to refocus at- tims’ rights statute. I commend and convinced that prosecutors should be tention on the needs and rights of admire Senator FEINSTEIN and Senator capable of protecting those rights, once crime victims. KYL for their dedication to this issue. we make them clear. In my experience, This year, the Senate had been sched- They are deeply committed to the prosecutors have victims’ interests at uled to mark the occasion by taking up cause of victims’ rights as are all of us heart. S.J. Res. 1, a proposed constitutional who have joined together to offer this Senator KENNEDY and I proposed in amendment. Once again, we were going bill. It is my hope that this statute will the Crime Victims Assistance Act a to devote days or weeks debating that establish more effective and enforce- limited-standing provision, which ap- proposal, even though the Republican able rights for crime victims in the fed- plied with respect to the victim’s right leadership knew it had no real chance eral system, and that it can do so with- to attend and observe the trial, and of garnering the two-thirds super-ma- out delay, by a majority vote. under which a victim could assert her jority needed to pass. We went through First, unlike S.J. Res. 1, which is right if the prosecutor refused to do so. a similar process four years ago, in limited to victims of violent crime, our Passing such a provision would have al- April 2000, when the Senate debated an statute establishes enhanced rights and lowed us to observe over a period of earlier version of the amendment dur- protections for all victims of crime. time whether direct participation of ing the last presidential election year. Therefore, the elderly woman who is victims in criminal proceedings has I noted then, during that earlier de- defrauded out of her life savings will any unanticipated consequences for the bate, the fact that I have long worked have the same rights of notice and par- administration of justice. to protect and advance crime victims’ ticipation as other crime victims. This Victims’ Rights Act proposes a rights. As a prosecutor, I worked day Second, our statute spells out how bolder experiment, entitling victims to to day and year to year alongside vic- these rights are to be enforced, using assert a panoply of rights, regardless of tims, seeking justice on their behalf. I language that Senator KENNEDY and I whether the prosecution is already as- have worked on and led many legisla- developed in S. 805, the Crime Victims serting the same rights on their behalf. tive efforts on behalf of victims Assistance Act. In addition to pro- For example, at the insistence of other throughout my service in the Senate. viding victims with standing to assert sponsors, this bill will enable victims One of the most recent of those efforts their rights in mandamus actions, our to bring mandamus actions alleging was the creation of the September 11 statute would establish an administra- the denial of their statutory right ‘‘to Victim Compensation Fund, and I am tive authority in the Department of be treated with fairness and with re- grateful to have been able to take part Justice to receive and investigate vic- spect for the victim’s dignity and pri- in something that has brought some re- tims’ claims of unlawful or inappro- vacy,’’ which may be difficult claims to lief to so many victims. priate action on the part of criminal adjudicate.

VerDate mar 24 2004 03:12 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A21AP6.040 S21PT1 April 21, 2004 CONGRESSIONAL RECORD — SENATE S4231 I note with some regret that our stat- I commend my good friend, Senator a similar fate. Some observers even ute picks up language from S.J. Res. 1 FEINSTEIN, for mediating this con- suggest Beijing will wait another 30 or denying victims a civil cause of action sensus legislation. I know that she 40 years to allow universal suffrage in for damages in the event that their would have preferred to pass a con- the selection of executive and legisla- rights are violated. Allowing victims to stitutional amendment—she has made tive office holders to become a reality. vindicate their rights through separate that clear. Nevertheless, she worked By then, the 50 year special arrange- civil proceedings instead of through hard to produce a bill that we all can ment will be near expiration, threat- mandamus actions in the criminal case support, showing once again that she is ening everything the people of Hong could well be a more efficient as well first and foremost a legislator who Kong have achieved. as a more effective way of ensuring wants to get things done. Due in large I traveled to Hong Kong in January. that victims’ rights are honored. Cer- part to Senator FEINSTEIN’s efforts, we My Subcommittee on East Asia and tainly the prospect of being sued would now have an opportunity to advance Pacific Affairs held a hearing last provide a powerful incentive to take the cause of victims’ rights with month where we heard testimony from victims’ rights seriously. But the Re- strong, practical, bipartisan legisla- Hong Kong’s leading democracy advo- publican sponsors of the bill did not tion. I have never doubted Senator cates. A clear message emerges from want to provide for damages. FEINSTEIN or Senator KYL’s commit- everyone with whom I have spoken on Similarly, some Republican Senators ment to victims’ rights. I am delighted this issue: Hong Kong is ready for full did not want to allow courts to appoint that we have come together to advance democracy. The people have dem- attorneys to help crime victims. It is that common cause. onstrated the ability to create a vi- my hope and belief that victims will Over more than 20 years I have spon- brant society and they deserve uni- seldom need representation, since they sored and championed legislation to versal suffrage and the ability to par- already have powerful advocates in our help victims. I have mentioned the re- ticipate fully in the functions of gov- public prosecutors. Still, it is possible cent September 11 Victim Compensa- ernment. that a judge would want to appoint an tion Fund, and I am also proud of such The resolution I submit today is sim- attorney for a victim in an extraor- other advancements on behalf of vic- ple. It recognizes the recent report dinary case, as for example if there is a tims as a law to provide assistance to from the State Department dealing material conflict between the victim’s victims of international terrorism, and with the U.S.-Hong Kong relationship. interests and the interests of the pros- bills to raise the cap on victims’ assist- It highlights Hong Kong’s autonomy as ecution. By failing to provide for this ance and compensation programs and envisioned by the Hong Kong Policy possibility, our new bill may perpet- to protect the rights of the victims of Act, and it highlights the unfortunate uate a system of unequal justice for the Oklahoma City bombing. The legis- steps taken in Beijing to frustrate victims, where the wealthy have the lation that we introduce today should Hong Kong’s democratic development. benefit of counsel, and the poor do not. provide us the opportunity to make As the resolution says, Congress ought Finally, I want to comment on the progress on yet another important to declare ‘‘that the people of Hong unusual genesis of this bill, and the ex- measure to address the needs of vic- Kong should be free to determine the traordinary procedure that I expect it tims, and I urge my colleagues to sup- pace and scope of constitutional devel- will follow in the Senate. As I men- port it. opments’’ and that anything less vio- tioned earlier, the Senate was sched- lates the vision of democracy set forth uled to begin work this week on the By Mr. BROWNBACK (for him- in the 1984 Joint Declaration signed by proposed constitutional amendment, self, Mr. TALENT, and Mr. Great Britain and the People’s Repub- S.J. Res. 1. On Wednesday, the Repub- ALLEN): lic of China. lican leadership moved to invoke clo- S.J. Res. 33. A joint resolution ex- When Martin Lee came to testify ture on the motion to proceed. I would pressing support for freedom in Hong about the importance of democratic de- not have opposed this motion. I voted Kong; to the Committee on Foreign Re- velopment in March, Beijing referred to proceed to an earlier iteration of lations. to him as a dreamer. They meant it as this constitutional amendment 4 years Mr. BROWNBACK. Mr. President, an insult, but Mr. Lee embraces the ago, and I would have been prepared to today I introduce, along with my col- label as he looks to a future of freedom proceed to it again this week. Given leagues Senator TALENT and Senator in Hong Kong. This body can make a the time this would take and the ex- ALLEN, an important resolution regard- powerful statement of support for Mar- pected outcome, it could be argued ing recent developments in Hong Kong. tin Lee’s democratic dreams by passing that the Senate already has many Hong Kong has been a great friend of this resolution, and I hope they will pressing matters on its agenda, but I the United States, a key ally in the move quickly to do so. would not have opposed a debate on the war on terrorism and an invaluable f constitutional amendment. trading partner. In recent weeks, how- Given the Republican leadership’s in- ever, it has become increasingly clear AUTHORITY FOR COMMITTEES TO sistence on proceeding to the constitu- that Beijing will stand in the way of MEET tional amendment this week, there has Hong Kong’s development into a full COMMITTEE ON BANKING, HOUSING, AND URBAN not been as much time as I would have democracy. Such actions compel sup- AFFAIRS liked to craft the statutory alternative port from the members of this body. Mr. HATCH. Mr. President, I ask that we introduce today. And because The Hong Kong Policy Act of 1992 unanimous consent that the Com- this bill will come to a vote almost im- sets forth the guidelines for the U.S. mittee on Banking, Housing, and mediately, we will not get to hold hear- relationship with Hong Kong. It pro- Urban Affairs be authorized to meet ings on it and polish the text in Com- vides for a very special and distinct re- during the session of the Senate on mittee. I would have liked to get the lationship with the Hong Kong Special Wednesday, April 21, 2004, at 2 p.m. to views of the Office for Victims of Administrative Region, even as we rec- conduct a hearing on the nominations Crime. Many victims’ groups and do- ognize the Hong Kong is a part of of the Honorable Romolo A. (Roy) mestic violence organizations opposed China. This special relationship rests Bernardi, of New York, to be Deputy the constitutional amendment, as did on the notion that Hong Kong will be Secretary of Housing and Urban Devel- many law professors, judges, and pros- governed differently than the rest of opment; Mr. Dennis C. Shea, of Vir- ecutors. I would have liked to hear China. ginia, to be Assistant Secretary for their views on this statute. I am con- Unfortunately, Beijing continues to Policy Development and Research, De- cerned that the statute may not ade- suggest that it has no intention of real- partment of Housing and Urban Devel- quately address the special problems izing Hong Kong’s democratic poten- opment; and Ms. Cathy M. MacFarlane, raised in domestic violence and abuse tial. Recent decisions by the Standing of Virginia, to be Assistant Secretary situations. Fortunately, however, this Committee of the National People’s for Public Affairs, Department of Hous- is a statute, not a constitutional Congress push direct election of Hong ing and Urban Development. amendment, and it can be modified Kong’s Chief Executive into the future. The PRESIDING OFFICER. Without with relative ease if the need arises. Hong Kong’s Legislative Counsel faces objection, it is so ordered.

VerDate mar 24 2004 04:11 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.083 S21PT1 S4232 CONGRESSIONAL RECORD — SENATE April 21, 2004 COMMITTEE ON FOREIGN RELATIONS version of the bill in the Senate on working on this to see if we can get to Mr. HATCH. Mr. President, I ask February 12 by an overwhelming ma- a point where a conference committee unanimous consent that the Com- jority, 76 to 21. Subsequent to that, the can be appointed. I want this bill to mittee on Foreign Relations be author- House passed their bill, H.R. 3550, on pass. I think it is something that needs ized to meet during the session of the April 2 by, again, an overwhelming ma- to pass for our country. But I would Senate on Wednesday, April 21, 2004 at jority of 357 to 65. That bill is now at hope we don’t get in a position where 9:30 a.m. to hold a hearing on Iraq the desk. our staffs can’t work on this. I am sure Transition: Civil War on Civil Society Therefore, I ask unanimous consent the majority leader knows the staffs (II). that the Senate proceed to the consid- have already had one productive meet- The PRESIDING OFFICER. Without eration of the House-passed highway ing. We could have a couple more and objection it is so ordered. bill, H.R. 3550; provided further that all maybe get to the point where the ma- COMMITTEE ON INDIAN AFFAIRS after the enacting clause be stricken jority leader would be satisfied that Mr. HATCH. Mr. President, I ask and the text of S. 1072, as passed, be in- the staffs are doing the right thing, in unanimous consent that the Com- serted in lieu thereof; the bill then be his estimation. I would be happy to mittee on Indian Affairs be authorized read a third time and passed; further, talk to my distinguished leader. He to meet on Wednesday, April 21, 2004, the Senate then insist on its amend- knows my interest in this bill. Hope- at 9:30 a.m. in Room 106 of the Dirksen ment, request a conference with the fully, we would get it passed. Senate Office Building to conduct a House, and the Chair then be author- I apologize, this late in the evening, business meting on S. 344, a bill ex- ized to appoint conferees on the part of for talking as long as I have. But I ob- pressing the policy of the United the Senate, with a ratio of 11 to 10. ject. States regarding the United States’ Re- The PRESIDING OFFICER. Is there lationship with Native Hawaiians and objection? The PRESIDING OFFICER. Objec- to provide a process for the recognition The assistant Democratic leader. tion is heard. by the United States of Native Hawai- Mr. REID. Reserving the right to object, Mr. President, this is legislation I Mr. FRIST. Mr. President, we are in ian governing entity, and for other pur- a unique situation, as you just heard really understand. Senator INHOFE and poses; and S. 1721, a bill to amend the explained quite well. This is a bill I Indian Land Consolidation Act to im- a couple others worked hard to get this legislation passed. I would say, ini- very much want. It is a nonpartisan prove provisions relating to probate of bill about which this body has spoken trust and restricted land, and for other tially, this legislation could not have passed but for the support, under some very loudly. I appreciate the leadership purposes, to be followed immediately of my colleague from Nevada on this by a hearing on S. 297, the Federal Ac- very difficult times, of the majority leader. I commend him for his outward bill. We are very proud of the product knowledgement Process Reform Act of we have produced. My whole intention 2003. support and inward support. He supported us openly on the Senate floor of coming to the floor, which is the The PRESIDING OFFICER. Without normal process, to appoint conferees, objection, it is so ordered. and in all of the discussions we had off the Senate floor. I am very grateful for Republican and Democratic conferees, JOINT ECONOMIC COMMITTEE that. is to continue in an orderly fashion and Mr. HATCH. Mr. President, I ask We have a very fine bill. The House bring the bill to completion so it is unanimous consent that the Joint Eco- bill is a bill that is OK. It is not as law, not just a bill. We passed it Feb- nomic Committee be authorized to con- good as ours. But let me say this. We ruary 12. The House passed it on April duct a hearing in Room 216 of the Hart were moving along just fine on this leg- 2. We passed two extensions of the pre- Senate Office Building, Wednesday, islation until, for reasons unknown to vious highway bill already and the April 21, from 10 a.m. to 1 p.m. most people, the President said he is deadline for the next temporary exten- The PRESIDING OFFICER. Without going to veto the bill if it is more than sion will be next Friday. We will have objection, it is so ordered. X number of dollars. Keep in mind that to do it once again. SUBCOMMITTEE ON FORESTS AND PUBLIC LANDS this legislation that passed the Senate I am working very hard so we can Mr. HATCH. Mr. President, I ask does not create a single new tax. A vast have a conference committee, and we unanimous consent that the Sub- majority of the money comes out of can’t have a conference committee committee on Forests and Public the trust fund to take care of this. It until we have conferees. It is time to Lands of the Committee on Energy and takes care of highways and transit—a act on the highway bill. Natural Resources be authorized to good bill. It would create more than a As the distinguished assistant Demo- meet during the session of the Senate million new jobs—high-paying jobs—di- on Wednesday, April 21, at 2:30 p.m. in cratic leader said, over a million, and I rectly. would say 2 million, new jobs will be room SD–366. So I say to my friend, the distin- created by this bill. It is vital to our The purpose of the hearings is to re- guished majority leader, I believe if economy. It is vital to the Nation’s in- ceive testimony on implementation of conferees were appointed tonight what frastructure. Regular order would be the recreation fee demonstration pro- we would do is the Senate would des- for us to appoint conferees. We will gram by the Forest Service and Bureau ignate staff people to work on this bill continue to work, having heard the ob- of Land Management, and on policies with the House people. I would sug- jection, in regular order which, in my related to the program. gest—and I don’t care what it is called; mind, would accelerate passage of the The PRESIDING OFFICER. Without call it whatever you want to call it— bill. We will continue to work with the objection, it is so ordered. our staffs should start working on this other side, although I am disappointed f legislation. we cannot proceed with this regular PRIVILEGE OF THE FLOOR It is obvious, because the Speaker order. But I am committed to the bill. Mrs. MURRAY. Mr. President, on be- has indicated why he does not want this bill. He said he does not want his The assistant Democratic leader is. half of Senator HARKIN, I ask unani- Over 70 Members of this body are. So mous consent that Natalie Dupecher of Members to have to cast a tough vote. Mr. President, 357 to 65—I served in the we will continue to work diligently in his staff be granted the privilege of the that regard. floor for the duration of today’s debate. House. I know how many votes it takes to override a veto. Over here I know The PRESIDING OFFICER. Without f objection, it is so ordered. how many votes it takes to override a veto. This bill is a good bill, and the f majority of the House and the Senate EXECUTIVE SESSION UNANIMOUS CONSENT REQUEST— would vote to override the President’s H.R. 3550 veto. I believe the President, when con- Mr. FRIST. Mr. President, in a mo- fronted with the facts of what good leg- EXECUTIVE CALENDAR ment I will propound a unanimous con- islation this is, would not veto the bill sent request with respect to the high- anyway, with the need for creating Mr. FRIST. Mr. President, I ask way bill, but first let me explain to ev- jobs. But I would hope the majority unanimous consent that the Senate im- erybody where we are. We passed our leader would allow the staffs to begin mediately proceed to executive session

VerDate mar 24 2004 04:11 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A21AP6.043 S21PT1 April 21, 2004 CONGRESSIONAL RECORD — SENATE S4233 to consider the following nominations proceed to a vote on passage without There will be an additional hour of on today’s Executive Calendar: Cal- any intervening action or debate. I fur- debate prior to that vote on invoking endar Nos. 624, 625, 626, 627, and nomi- ther ask unanimous consent that the cloture on the motion to proceed. I nations on the Secretary’s desk. I fur- cloture vote on the motion to proceed take this opportunity to thank Chair- ther ask unanimous consent that the to S. J. Res. 1 be vitiated. man HATCH and the many Members nominations be confirmed, the motion Mr. REID. Mr. President, I believe— who have come to the floor to speak on to reconsider be laid upon the table, although I am never certain—that clo- the importance of this legislation. In- the President be immediately notified ture will not be invoked on the asbes- deed, both sides of the aisle have spo- of the Senate’s action, and the Senate tos bill. The reason I mention that is I ken to the critically important issue of then return to legislative session. think the work done by Senators FEIN- an asbestos litigation system which is The PRESIDING OFFICER. Without STEIN, HATCH, KYL, and LEAHY has been inefficient and, in many ways, run objection, it is so ordered. tremendous on this piece of legislation amok over its initial intention. The nominations considered and con- that we are going to debate tomorrow. This vote is the beginning of the firmed are as follows: It was originally in the form of a con- process and not the end. I have made COAST GUARD stitutional amendment. Even though I that clear, hopefully, in every public was a cosponsor of that early on, I The following named officer for appoint- statement and in every statement with ment as vice Commandant of the United think this is the appropriate way to do my colleagues, as we have worked to States Coast Guard and to the grade indi- it. negotiate this bill over the last week. cated under Title 14, U.S.C., Section 47: I am very happy this most important It began several weeks ago when we set To be vice admiral legislation will be completed tomor- out on this course of bringing this to a row. We don’t often get to pat each Vice Adm. Terry M. Cross real focus. other on the back around here for co- The following named officer for appoint- It is time to legislate on this impor- operation, but certainly this is an indi- tant issue, and tomorrow’s vote is an ment as Commander, Atlantic Area of the cation that people have worked well to- United States Coast Guard and to the grade effort to work through many issues of indicated under Title 14, U.S.C., Section 47: gether and it is very good for the peo- the bill and to eventually produce an ple of our country. outcome. To be vice admiral The PRESIDING OFFICER. Is there If we are unable to invoke cloture on Rear Adm. Vivien S. Crea objection? The following named officer for appoint- Without objection, it is so ordered. the asbestos bill, we are going to pro- ment as Commander, Pacific Area of the Mr. FRIST. Mr. President, I will just ceed to the victims’ rights bill under United States Coast Guard and to the grade add to the assistant Democratic lead- the previous consent agreement. There indicated under Title 14, U.S.C., Section 47: er’s comments. There is a lot of work will be up to 2 hours for debate prior to To be vice admiral most people don’t see. Certainly, you vote on passage of the victims’ rights Rear Adm. Harvey E. Johnson didn’t see very much of it on the Sen- bill that was introduced earlier by Sen- The following named officer to serve as the ate floor over the last couple days. ators KYL and FEINSTEIN. Director of the Coast Guard Reserve pursu- People have worked in a bipartisan Therefore, Senators should expect at ant to Title 14, U.S.C., Section 53 in the way to pass a bipartisan bill. So I, too, least two votes tomorrow. The first one grade indicated: congratulate the appropriate leaders will occur at approximately 11:30 in the To be rear admiral (lower half) on that bill. morning on the motion to invoke cloture on the motion to proceed to the RADM (L) James C. Van Sice f NOMINATIONS PLACED ON THE SECRETARY’S asbestos bill. ORDERS FOR THURSDAY, DESK f APRIL 22, 2004 COAST GUARD ORDER FOR ADJOURNMENT Mr. FRIST. Mr. President, I ask PN1433 Coast Guard Nomination of Glenn Mr. FRIST. Mr. President, if there is M. Sulmasy, which was received by the Sen- unanimous consent that when the Sen- ate and appeared in the Congressional ate completes its business today, it ad- no further business to come before the Record of March 12, 2004 journ until 9:30 a.m.; that following the Senate, I ask unanimous consent that PN 1434 Coast Guard Nominations (243) be- prayer and the pledge, the morning the Senate stand in adjournment under ginning George W. Molessa, and ending hour be deemed to have expired and the the previous order following the re- Yamasheka Z. Young, which nominations Journal of proceedings be approved to marks of Senator REID. were received by the Senate and appeared in date; that following the time for the The PRESIDING OFFICER. Without the Congressional Record of March 12, 2004 two leaders, the Senate begin a period objection, it is so ordered. f of morning business for 60 minutes, f LEGISLATIVE SESSION with the first half of the time under ASBESTOS LITIGATION REFORM the control of the majority leader or The PRESIDING OFFICER. Under his designee, and the second half of the Mr. REID. Mr. President, let me, first the previous order, the Senate will re- time under the control of the Demo- of all, say I tried to not be the last per- turn to legislative session. cratic leader or his designee; provided son speaking in the Senate, as people f that following that 60-minute period want to go home. We have lots of peo- the Senate resume consideration of the ple here, including the Presiding Offi- UNANIMOUS CONSENT cer. I was asked early yesterday to give AGREEMENT—S. 2329 motion to proceed to S. 2290, the asbestos bill; provided further, that there a statement today, and certain people Mr. FRIST. Mr. President, I ask then be 60 minutes of debate equally di- are expecting me to do this. So I apolo- unanimous consent that if cloture is vided between the chairman and rank- gize to all the staff. I will try to be as not invoked on the motion to proceed ing member and, following that debate, quick as I can. I do believe that the to S. 2290, the asbestos bill, the Senate the Senate proceed to a vote on the statement is one that is important. proceed to the immediate consider- motion to invoke cloture on the mo- Let me, first of all, comment on the ation of S. 2329, a bill relating to vic- tion to proceed to the bill. statements made by Senators HATCH tims’ rights, which was introduced ear- The PRESIDING OFFICER (Mr. and SESSIONS—those statements I lier today by Senators KYL and FEIN- COLEMAN). Without objection, it is so heard today dealing with the asbestos STEIN. I further ask that S. 2329 be held ordered. legislation. I acknowledge that it is at the desk, that there be no amend- f important legislation. ments in order to the bill, and debate For example, I met in my office with be limited to 2 hours, with 30 minutes PROGRAM Ken Bowa from Nevada, one of the vice each under the control of Senators Mr. FRIST. Mr. President, tomorrow presidents of the Pfizer Company. You KYL, HATCH, LEAHY, and FEINSTEIN re- morning, following morning business, would not think that a company that spectively. I further ask that upon the the Senate will resume consideration manufactures pharmaceuticals would use or yielding back of the time, the of the asbestos bill and the motion to have an asbestos problem, but they do. bill be read a third time and the Senate proceed to the asbestos bill. They bought a company 30 years ago,

VerDate Sep 11 2014 09:23 Jul 25, 2019 Jkt 000000 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 C:\ERIC\CONGRESSIONAL RECORD SSN FILES_2\S21AP4.REC S21AP4 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE S4234 CONGRESSIONAL RECORD — SENATE April 21, 2004 or thereabouts, and that company at ator from Massachusetts, for con- from Mexico. Many of those children, one time produced a material that had stantly reminding us of the importance even though they are as smart as any asbestos in it. Even though this is a of education, enabling America’s fami- other kids in America, have language multibillion-dollar company, that lies to improve the quality of their life. problems because some of their parents small purchase they made is causing I want to talk about the negative im- do not speak English. them a lot of grief. So I know the prob- pact of the No Child Left Behind Act. Clark County, which has this huge lems from the business perspective. Congress is not expected to pass school district, needs $1 million annu- There are lots of problems. I under- much legislation this year, even ally for recruitment efforts. They have stand that. I understand that my though there is much more that should to hire 2,000 new teachers a year. friend, Ken Bowa, had the interests of be done. Of the dozens of issues we have We have a real problem graduating his client at heart, as do the other yet to consider, addressing the con- minority students. We are 49th in the businesspeople, and their representa- sequences of the No Child Left Behind Nation. We graduate overall about 63 tives come to see us. Act is paramount. percent of all students. That is not One of the issues we always have to When the No Child Left Behind Act good. We recognize that. But you will understand with asbestos is that in ad- was passed, there were many who not meet a single parent, teacher, prin- dition to the companies having prob- lauded President Bush’s commitment cipal, superintendent, or school admin- lems, people are killed as a result of to education. After all, who among us istrator of any kind who is not con- messing around with asbestos, working would allow any child to slip through cerned about preserving and improving with it, working around it. Women who the cracks of our educational system if the quality of education for the kids in washed their husbands’ clothes now it could be prevented? None of us would Nevada. In fact, there is no one within have very serious illnesses, such as as- do that. At the time, many thought the sound of my voice who is not com- bestosis, mesothelioma. With mesothe- this was sweeping legislation and that mitted to giving every child an oppor- lioma, it is not a question of dying; it sweeping legislation would fill those tunity to graduate and go on to higher is only a question of how soon. The av- gaps. education, whether that higher edu- erage life expectancy is 14 months. Sadly, this has not been the case. cation is college or some kind of trade There is no question that as a result The No Child Left Behind Act has done school. of some of the books written in the more harm than good in more States Whatever it takes for us to get there, past year on Libby, MT, ‘‘Fatal Decep- than not. In the State of Nevada, we we are going to do that. In fact, Nevada tion,’’ where companies knew the dan- are suffering under the burden of un- did create its own accountability sys- ger of this product and they covered it funded mandates this law imposed. In tem that will work in our States. It ad- up, they hid it, as a result of that, peo- fact, a leading headline in the Reno dresses the needs of our children in our ple will get sick and will die. newspaper, the second largest news- own way. The No Child Left Behind Act This is an issue about which we must paper in the State of Nevada, reads: was passed and now we are living in its be very cautious before we do some- Educators Give No Child Left Behind Act a wake. It reminds me of when I went to thing. The main thing we need to do is Failing Grade. Hawaii for the first time. There was make sure there is enough money to The man who stated that is the su- this beautiful beach on the island of take care of the people who are trag- perintendent of public instruction of Maui. We were eating in a restaurant ically ill as a result of this substance. Washington County, the second largest and it was such a beautiful view. We My friend from Alabama, the distin- school district in the State of Nevada. had a conversation with the waitress guished junior Senator from Alabama, He said it is not working. It took a lot and she told us when she was a little said: Why don’t we take care of this of courage for this man to do this. He girl the beach that we could see opened bill; there has been a lot of work that comes from a county that is a Repub- up and went out for a football field, has gone into it, speaking about the lican county by registration, but it is a way out into the ocean. The kids ran bill on which we are going to vote re- county that is very fair and very inde- out there. There was a school nearby garding cloture tomorrow. pendent. I am sure they recognize that where the restaurant is now. They ran We reported out a bill—the way it Jim Hager, the fine man that he is, the out there. What they did not realize is should be done around here—we re- long-time superintendent he has been, that was a tsunami and it pulled the ported a bill out of committee on a bi- would not say anything unless he truly water out and you could not see the partisan vote. That bill had a price tag believed it was true: waves coming in. It washed over every- of $154 billion. The bill we are being Educators Give No Child Left Behind Act a body and killed a lot of kids and a lot asked to deal with tomorrow has a Failing Grade. of people were hurt. price tag of $109 billion. That is a huge When I talk about Jim Hager, I am That is what has happened with the difference. We were not allowed to talking about the Washington County No Child Left Behind Act. One cannot work on the committee-reported bill. School District superintendent, but he see on the surface what has happened, We are now being asked to vote on this is also president of the Nevada Associa- but the undertow, the tsunami, has aberration of that bill. tion of School Superintendents. We wiped out a lot of children. It is ironic This is not about greedy lawyers. It have 17 counties in Nevada, 17 school that this sweeping education reform is about sick people. It is about compa- superintendents, and he is speaking for legislation authored by President Bush nies that are in dire straits as a result them. He is speaking for the Nevada is receiving a failing grade from every of asbestos. Association of School Superintendents. school system it was intended to help. In spite of all this, we have not taken Let me give a snapshot of the edu- There is no question about it, as I indi- appropriate action to ban the importa- cation landscape in Nevada. We have 17 cated before, that it is hurting kids in tion of this toxic, poisonous, horrible counties, as I have mentioned, in the Nevada. It is so bad in Utah, they have substance, asbestos. I have joined with State of Nevada. Clark County, of withdrawn from the program. The Patty Murray to deal with the impor- course, is the county Las Vegas is in. State of Utah—I am sure it is the first tation of this substance into our coun- Well over 70 percent of the people of of a number of States to do that—said: try, as other countries have done. We the State of Nevada live in Clark Coun- We want no part of it. We want to edu- have not done that. This will need a lot ty. It is a big county. The State of Ne- cate our kids the way we think we of work. vada has approximately 400,000 stu- should, and not have these burdens f dents. About 280,000 students are from that I will talk about in just a minute. Clark County. It is the fifth or sixth So more than 2 years after this legis- NEGATIVE IMPACT OF NO CHILD largest school district in America. lation was passed, parents are still LEFT BEHIND ACT I also want to say here, for future un- struggling to understand the basics of Mr. REID. Mr. President, the reason I derstanding of my remarks, in the the law, especially when they learn came to the floor is, first, to express Clark County School District, about 30 about terms such as ‘‘annual yearly my appreciation to the former chair- percent of the children in that school progress’’ and ‘‘failing school.’’ As a man, now the ranking member, of the district are Hispanic. The vast major- parent, people want the best for their Education Committee, the senior Sen- ity of those Hispanic students come children. It is disturbing to be told

VerDate mar 24 2004 03:12 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.124 S21PT1 April 21, 2004 CONGRESSIONAL RECORD — SENATE S4235 that the school their child attends is nesota. People think of Minnesota as These challenges are significant and now considered failing. Minneapolis and St. Paul, but I am oftentimes the school system is in- As a result of this legislation, as my confident there are a lot of rural com- tended to be the primary system to fix, colleagues can see on this second chart munities, just like in Nevada. That is help, or remove these obstacles. No I have, we have come up with some why I introduced legislation entitled Child Left Behind expects these school terms but hardly anyone understands ‘‘Assisting America’s Rural Schools districts to turn these troubled chil- them. In this glossary of terms, AYP— Act’’ that addressed the concerns of dren into top flight students within 1 we will see that a lot—adequate yearly rural school systems trying to comply year without receiving full funding progress is a minimum level of im- with the teacher quality standards set from the Federal Government to do so. provement that school districts and by No Child Left Behind. If the schools do not turn these chil- schools must achieve each year as de- When I went to school in Searchlight, dren around in a timely manner, they termined under the Federal No Child we had one teacher who taught all go on what is called a watch list, a Left Behind Act. eight grades. There is a small town in badge that is not good, a badge these Individualized educational plans are Nevada called Austin in Lander Coun- schools have to wear. This badge puts specific goals set by an educational ty. It is a community much like the these schools on the verge of being team for a special education student one I was raised in. Austin boasts a branded failure. and includes any special supports that total of 63 students in grades K–12. For Let me show a chart that depicts are needed to help achieve these goals. grades 6–12, there are only three teach- Clark County’s failing school cells. If We can run through this whole list of ers for all subjects. These teachers are we look here, we will find in the Clark definitions: Safe harbor, a provision in- considered highly qualified in science, County school district where the prob- tended for schools and districts that English, math, and physical education. lems are. If we look across, we will find are making progress, at least 10 per- In order for Austin to acquire a teacher that white kids are doing just very cent, in student achievement but are who is highly qualified in the subject of nicely. They are doing very fine. The not yet making adequate yearly history, the local education agency schools that are mostly white have no progress targets goals. It is designed to must either find and recruit another problem, but if we go to a school that prevent the over identification of teacher or send one of its three current is Hispanic, there is a problem. Every schools not making adequate yearly teachers back to school to get accred- place we see the red, which is failure, is progress. ited in history via distance learning. Hispanic—one, two, three, four, five The definitions are unbelievably dif- Unfortunately, Lander County does categories, and if we look at other mi- ficult. The people back in Washington not have the money to do any of this. norities, African Americans, the same do not understand them. The people in The issue is not whether teachers in thing. I think this is a glaring example Nevada certainly do not understand rural areas should be qualified to teach of why this legislation is bad. them, nor do people around the rest of multiple subjects. They should. How- It would be nice if you had a school the country. ever, requiring them to obtain highly which represented the percentage of I have tried to help improve this leg- qualified status in all subjects simulta- people within the community, but that islation by introducing and supporting neously is unreasonable. is not how schools are. We find in Ne- measures that will help, not hurt, our So my legislation gave rural school vada, as every place else, schools that most vulnerable educational commu- systems some flexibility in meeting are heavily Hispanic. You have schools nities. I will give an example. Every the definition of a highly qualified that have large numbers of African- day in Nevada, rural communities are teacher without diminishing high ac- American children. In these schools, confronted by a shortage of resources. countability standards for teachers. these people who are teaching have We have 17 counties in Nevada. We Rural school districts would be able to problems with language arts. have one county, Esmeralda County, give a one-year exemption to any Let’s say you have somebody start- that does not have 1,000 people living in teacher who is already qualified in at ing school who has bad English. The it, and it is a pretty good size county. least one core academic subject. A way I look at this, even though my We have some schools that are very highly qualified teacher who is work- skin is white, I look at every one of sparsely populated. We only have two ing toward that certification in an- these problems here as me. When I counties that are heavily populated. other subject can still teach both sub- grew up, my parents were uneducated. Clark, I have talked about, that 70 per- jects. The Department of Education They were not dumb; they were cent of the people live there, and 20 adopted the principle of this bill last uneducated. My father never even grad- percent in the metropolitan area of month. uated from the 8th grade. My mother Washoe County. That leaves 10 percent The Secretary of Education came to never even graduated from high school. of the people around the rest of the Reno and made that announcement. I would have been part of this failing State. Teachers in eligible rural school dis- school system. If they had tried to test It may surprise some people to know tricts who are highly qualified in at me out of the schools then, I couldn’t that there are still small towns in least one subject will now have 3 years have made it. It is just like a lot of rural America where the citizens wait to become highly qualified. I am cer- these children. for a doctor to make rounds or a mail tain rural school districts and teachers These children here are not dumb. truck to drop off mail. These families are relieved the administration recog- They have social problems. Maybe have elected to stay in their commu- nized the burden No Child Left Behind their parents didn’t graduate from the nities despite all the obstacles, and had placed and they recognized that 8th grade. Maybe their parents didn’t they deserve an opportunity to enjoy a my legislation was important. graduate from high school. Maybe they good quality of life. That was just one of the many don’t have both parents at home. That We have rural schools in Clark Coun- glitches in this mammoth bill. How doesn’t mean they are dumb. Maybe ty. My home is in Searchlight, NV. I many more will we face in years to what these children need, rather than a am very fortunate the school there is come? Superintendent Jim Hager—I badge that they are in a failing school named after me. It is not a very big have talked about him—is responsible is extra help. That has not happened. school. There are about 50 kids in it, for 60,000 students in Washoe County. I believe we should hold our teachers grades 1–6, but in Clark County we He gave an honest assessment of what and students accountable. But if we ex- have schools that are rural schools. In is going on with the Leave No Child Be- pect them to achieve miracles without Nevada, we still have one-room hind Act throughout the State, and providing the resources they need, we schools. So we are concerned about probably every other State. One of his are setting them up for failure. That is what is happening in rural America. chief frustrations is that all students what this bill has done. It is not help- I have not traveled to Minnesota who come into the Nevada school sys- ing children learn and it is not helping very much. After they immigrated to tem are facing formidable challenges— teachers teach. this country, my in-laws settled in learning disabilities, language barriers, Testing a child to make him learn is Minnesota, and I know that a lot of or influences beyond their control at- like weighing a steer to make him gain very small communities are in Min- tributed to their living conditions. weight. By weighing a steer, he doesn’t

VerDate mar 24 2004 03:12 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\G21AP6.127 S21PT1 S4236 CONGRESSIONAL RECORD — SENATE April 21, 2004 gain weight. You have to feed him. tion’s high schools have 1,500 or more as I have just described. It would seem That is how you get a steer to gain students. to me, if this administration really weight. Testing a child to make him When the President signed the No wanted to help our teachers teach and learn is the same thing. You can’t test Child Left Behind Act, he signaled his help our students learn they wouldn’t a child into being proficient in English support for programs that were sup- be trying to eliminate a program like or Spanish. posed to help students learn, including this, to create smaller learning com- The No Child Left Behind Act is hav- smaller schools and smaller classes. In munities, which have been proven to do ing a ripple effect throughout the State contrast to that promise, in this year’s just that. of Nevada and throughout the country. budget the President zeros out the I touched only on a few things to- That is why I am going to sit down Smaller Learning Communities Pro- night dealing with problems of the No with every county superintendent in gram—zero. Child Left Behind Act. It is going to the State next month and ask them I had the good fortune at one time in take a lot of work to improve this bill what needs to be fixed. I think I know, my career to be chairman of the Demo- and make it what it promised to be, a but I want to hear them. I want them cratic Policy Committee. We had one tool that will help teachers and stu- to have the opportunity to speak to of our retreats up in Wilmington, DE. I dents in every public school in Amer- me. We need relief in Nevada, and if we brought in there a woman by the name ica. It is a difficult job but we must have to do it bit by bit we will. But of Deborah Meyer. She was from New keep our promise to America’s chil- this law as it stands puts our edu- York. Deborah Meyer was a school dren. We can’t afford to leave them be- cational system in peril. principal of a big school in New York, hind. Nevada is not the only State that has an elementary school. Her kids were f problems. I was pleased the Depart- doing so awful that she decided to go to ment of Education adopted the prin- the school authorities and she said: Look, this is not working. Trust me. I ADJOURNMENT UNTIL 9:30 A.M. ciple of this bill last month, as I said. want to try something. I want to take TOMORROW But if we look at the failing school sys- this school and, instead of having one tem—look at another chart I have. The PRESIDING OFFICER. Under school, we are going to have four Look at this one. This really, as far as the previous order, the Senate stands schools. We are going to have four prin- I am concerned, is showing that it is adjourned until 9:30 a.m. tomorrow. cipals, four separate faculties, four sep- pathetically horrible. Thereupon, the Senate, at 7:27 p.m., arate lunch hours—everything is going You can have a school that meets adjourned until Thursday, April 22, to be like a separate school. 2004, at 9:30 a.m. every criterion that is important under The school administrators said: We the No Child Left Behind Act—except have nothing to lose. You are doing so f one. Everything is just fine. But if bad you can’t do any worse than you CONFIRMATIONS there is limited English proficiency in have done. that school, they are a failing school. If She did that and within one quarter, Executive nominations confirmed by everything else is fine but they have in 3 months, the scores had risen in the Senate April 21, 2004: limited English proficiency, they are every category and Deborah Meyer has IN THE COAST GUARD given the red badge and now they are become famous because of that and she THE FOLLOWING NAMED OFFICER FOR APPOINTMENT held up to being a failing school. has gone other places and tried the AS VICE COMMANDANT OF THE UNITED STATES COAST It is because they have children in GUARD AND TO THE GRADE INDICATED UNDER TITLE 14, same thing. We need to understand U.S.C., SECTION 47: the school who have come to school not smaller schools help. To be vice admiral being able to speak very good English. Senator BINGAMAN and I, along with VICE ADM. TERRY M. CROSS They are not dumb. They deserve an 14 other colleagues, sent a letter to the education. The No Child Left Behind THE FOLLOWING NAMED OFFICER FOR APPOINTMENT labor subcommittee requesting funding AS COMMANDER, ATLANTIC AREA OF THE UNITED Act is having a ripple effect through- be restored. Not enough, but $200 mil- STATES COAST GUARD AND TO THE GRADE INDICATED out Nevada and throughout the Nation. lion in the Smaller Learning Commu- UNDER TITLE 14, U.S.C., SECTION 47: Nevada is not the only State having nities Program. We really need that. To be vice admiral difficulties implementing this law; it is The President has been given bad ad- REAR ADM. VIVIEN S. CREA a national problem. Thousands of vice by the budgeteers down there. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT school districts are already trying to AS COMMANDER, PACIFIC AREA OF THE UNITED STATES Common sense tells us students do best COAST GUARD AND TO THE GRADE INDICATED UNDER juggle school construction costs, in- when they receive plenty of personal TITLE 14, U.S.C., SECTION 47: crease graduation rates, find money for attention from their teachers. Studies To be vice admiral textbooks that they don’t have. Reduc- tell us the same thing. According to REAR ADM. HARVEY E. JOHNSON ing class sizes is impossible. They are the Department of Education, research THE FOLLOWING NAMED OFFICER TO SERVE AS THE figuring out what to do about over- suggests that positive outcomes associ- DIRECTOR OF THE COAST GUARD RESERVE PURSUANT crowded schools. ated with smaller schools stem from TO TITLE 14, U.S.C. SECTION 53 IN THE GRADE INDICATED: During the April recess I spoke with their ability to have close, personal en- To be rear admiral (lower half) concerned citizens of Nevada. I went to vironments where teachers can work RADM (L) JAMES C. VAN SICE several schools in what I call my Cap- with a small set of students, chal- THE ABOVE NOMINATIONS WERE APPROVED SUBJECT itol Classroom program. I talked about TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- lenging and inspiring them. QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY overcrowded schools. There is one high They build big schools because it is CONSTITUTED COMMITTEE OF THE SENATE. school in Clark County with about 5,000 cheaper. Smaller learning communities COAST GUARD NOMINATION OF GLENN M. SULMASY. COAST GUARD NOMINATIONS BEGINNING GEORGE W students in it. There are others almost can achieve in different ways: small MOLESSA AND ENDING YAMASHEKA Z YOUNG, WHICH that big: a high school with 5,000 stu- learning centers, core academics, mag- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON MARCH 12, dents. More than 70 percent of our Na- net programs, schools within a school, 2004.

VerDate mar 24 2004 03:12 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00066 Fmt 4624 Sfmt 9801 E:\CR\FM\G21AP6.130 S21PT1 April 21, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E573 EXTENSIONS OF REMARKS

USE OF RAPE AS A WEAPON OF teer 20 hours per week, 52 weeks per year, son, recently delivered a simple but compel- WAR IS WRONG giving love, guidance, tutelage, and the wis- ling speech about the Pledge of Allegiance, dom of their years of experience to children about American values, and about the source HON. ELTON GALLEGLY from infants to eighteen years of age at nu- of the freedoms we enjoy. OF CALIFORNIA merous locations throughout Montgomery I’d like to share it with you now: County. IN THE HOUSE OF REPRESENTATIVES Our nation’s Pledge of Allegiance is 31 The Foster Grandparent Program brings Tuesday, April 20, 2004 words. ‘‘I pledge allegiance to the Flag of the countless benefits to the senior citizens and to United States of America, and to the Repub- Mr. GALLEGLY. Mr. Speaker, a recently re- the children with whom they interact. This pro- lic for which it stands, one Nation under leased report has revealed yet more evidence gram allows the volunteers to remain active God, indivisible, with Liberty and Justice for of heinous human rights abuses committed by and involved in their communities, as they are all.’’ Are all those words important? I have Burma’s ruling military regime. The report by needed and valued by everyone with whom been saying those words ever since I was in they interact. The children the senior citizens preschool and wanted to know what those the Karen Women’s Organization entitled words meant, where those words came from, ‘‘Shattering Silence’’ documents rapes of eth- work with are developmentally delayed, phys- and why our courts want to take ‘‘under nic women by the regime’s soldiers. If the alle- ically handicapped, homeless, abused, ne- God’’ away. gations contained in the report are correct, the glected, teen parents, delinquent, learning dis- In 1892 our country was planning for the stories illustrate how Burma’s regime uses abled, or born to mothers addicted to drugs. 400th anniversary of America’s discovery. rape to undercut resistance to its rule by at- Through this pairing, the children increase Two men, Francis Bellamy and James tacking innocent and defenseless civilians. their academic skills, enhance their self-es- Upham, were interested in education and the I am especially horrified with evidence that teem and learn to cope with their disabilities planning of Columbus Day celebrations. To over half of the rapes were committed by mili- and special problems. Thus, through the pro- this day it is still not known which of the tary officers, and 40 percent were gang-rapes. gram, they gain the knowledge that they are two men actually wrote the pledge, but it was published in ‘‘The Youth’s Companion’’ Reads one example: ‘‘While she was living in special and cared for as we all attempt to September 8, 1892. make the world a safer, less violent place to her village she was captured as the porter to One month later more than 12 million carry shells for the SPDC. At daytime she was live. school children said those words for the first forced to carry heavy things and at night she The Foster Grandparent Program is a very time in schools around the nation. The was raped . . . She was raped every night by successful and worthwhile program that puts pledge went through several changes over one to five persons. If she refused or asked the time and talents of Montgomery County, the years and the last change happened in them to not rape her, then they slapped her or Pennsylvania’s senior citizens to work bene- 1954. Dwight D. Eisenhower added the words beat her or closed her mouth . . . At that time fiting special needs children. The program is ‘‘under God’’ to confirm the belief that they jumped on her body with their boots. 32 years old and, for 28 years, it has been America’s heritage and future were built sponsored by Montgomery County Family upon faith in God. He thought that school While she was being raped at night she heard children should dedicate our nation to God women shouting from other places. And so Services. Nationally, the Foster Grandparent each day. she knew there were many women suffering Program is 39 years old with 350 Foster Now what do these 31 words mean? This is like her.’’ Grandparent Programs in all 50 states, the what I think: Furthermore, the report found that in 28 per- District of Columbia, Puerto Rico and the Vir- I promise to be loyal to and love our sym- cent of the cases, the women were brutally gin Islands. bol of freedom, our flag. It means each one of killed and often mutilated after being raped by Many of the people that have volunteered us is free; free because hundreds of thousands officers. their time for the Foster Grandparent Program of soldiers have died for us so that we can This is not the first time we have heard of in my district have done so for several years. have that right. I promise to be loyal to and the regime’s use of rape as a weapon of war. Mary Refino has participated in the program love our government because it is for and has This report supports previous evidence docu- for 24 years; Elizabeth Baccke for 16 years; been chosen by the American people. Our nation exists because of God and was founded mented by the Shan Women’s Action Network, Dot Scandone for 15 years; Ann Dippolito for by our faith in Him, the Lord who is life, Refugees International, and the Bureau of De- 11 years; Dolores Fogel, Rosa Lee Randall, light, justice, truth, and love. Our nation mocracy, Rights, and Labor at the State De- Juanita Gray and Eldora Smith for 10 years; cannot be divided under Him and we all have partment. and Mary Banks, Betty Glover, Louise Watson the right to our freedom and should be treat- The use of rape as a weapon of war was and Ann Maire Williams for 5 years. It is the ed fairly, each and every one of us. wrong in Bosnia, and it is wrong in Burma. continuing dedication and commitment by The 9th Circuit Court of Appeals said the Burma’s regime must be held to account, and these individuals that allows the Foster Grand- Pledge is unconstitutional because of the their climate of impunity must end. parent Program to be such a success and words ‘‘under God.’’ Our country and values were made under the belief of God. So much f help so many people. Mr. Speaker, I ask my colleagues join me of the world does not believe in God anymore. The world wants him taken out of ev- RECOGNIZING THE MONTGOMERY today in recognizing the Foster Grandparent COUNTY FOSTER GRANDPARENT erything. The Bible is not taught in public Program and all of their volunteers in Mont- schools and therefore the world is not com- PROGRAM gomery County, Pennsylvania and across our pletely educated. Since these judges say that nation. ‘‘under God’’ is unconstitutional, why do HON. JIM GERLACH f they start the day by saying ‘‘God save the OF PENNSYLVANIA United States and this honorable court?’’ PLEDGE OF ALLEGIANCE SPEECH The Pledge of Allegiance should not be IN THE HOUSE OF REPRESENTATIVES changed because some people are offended by Wednesday, April 21, 2004 HON. C.L. ‘‘BUTCH’’ OTTER it. It is part of our national heritage. I am a Mr. GERLACH. Mr. Speaker, I rise today to Christian and I understand the meaning of OF IDAHO all those wonderful 31 words. recognize the constituents in my district who, IN THE HOUSE OF REPRESENTATIVES through years of service, have made the Fos- Mr. Speaker, I couldn’t have put it better ter Grandparents Program a tremendous suc- Wednesday, April 21, 2004 myself. cess in Montgomery County, Pennsylvania. Mr. OTTER. Mr. Speaker, I rise today to call Dori attends Classical Christian Academy in The Foster Grandparent Program is a pair- the attention of my colleagues to the wisdom Post Falls. She is the kind of young person ing of low income elderly over the age of 60 of a child. who gives me hope and faith in America’s fu- with special needs children. There are cur- One of my constituents, an 11-year-old girl ture. Mr. Speaker, I hope you find her words rently over 140 men and women who volun- from Post Falls, Idaho, named Dori Thomp- and her example as inspirational as I do.

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

VerDate mar 24 2004 04:43 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A20AP8.101 E21PT1 E574 CONGRESSIONAL RECORD — Extensions of Remarks April 21, 2004 LITTLE ELM PUBLIC LIBRARY himself eligible for the 2004 NFL draft. It is ex- HONORING THE ANNUAL BAYONNE pected that he will be drafted in the first round. HOLOCAUST REMEMBRANCE DAY HON. MICHAEL C. BURGESS I wish Kevin the best in his pursuit of his OBSERVANCE OF TEXAS dreams. He is a talented individual with the IN THE HOUSE OF REPRESENTATIVES drive and determination to do anything that he HON. ROBERT MENENDEZ puts his mind to. Wednesday, April 21, 2004 OF NEW JERSEY It is a privilege to recognize Mr. Kevin IN THE HOUSE OF REPRESENTATIVES Mr. BURGESS. Mr. Speaker, I rise today to Jones. I ask you and my other distinguished Wednesday, April 21, 2004 recognize the new Little Elm Public Library. colleagues to join me in commending him for The City of Little Elm will be celebrating Na- numerous achievements in his football career. Mr. MENENDEZ. Mr. Speaker, I rise today tional Library Week with a ribbon cutting cere- to honor the Annual Bayonne Holocaust Re- mony for their new library. f membrance Day Observance. On Sunday, On August 11, 2003, Little Elm Community April 18, 2004, the Inter-Faith Clergy and the Library moved into Little Elm Town Hall to be- PAYING TRIBUTE TO PEGGY Bayonne Jewish Community Council co-spon- come Little Elm Public Library. Ms. Tina Hager REEVES sored the Holocaust Memorial Observance was hired to be its first Public Library Director. Program held at 2 p.m., at Bayonne City Hall In the 7 months the library has been in op- HON. SCOTT McINNIS Council Chambers. eration, it has reached several milestones and The Annual Bayonne Holocaust Remem- OF COLORADO helped the lives of the citizens of Little Elm. brance Day Observance Program not only IN THE HOUSE OF REPRESENTATIVES Accommodating nearly 9,000 visitors thus far, honored the victims of the Holocaust, pro- the Little Elm Public Library has checked out Wednesday, April 21, 2004 moted Jewish history and culture, but also over 11,000 items and registered 1,236 new served as an opportunity to bring together the Mr. MCINNIS. Mr. Speaker, I would like to patrons. The computers in the library have take this opportunity to pay tribute to Peggy Bayonne community to foster understanding been used over 4,000 times for database Reeves and thank her for her extraordinary among all people. The United Jewish Appeal searching, job hunting, writing reports and recontributions in the Colorado General Assem- Federation of Bayonne, the umbrella organiza- sumes, learning how to speak English, and for bly. She will always be remembered as a tion for the Jewish Community in Bayonne, a variety of other reasons. State Senator and Representative with the ut- has served to promote civic and communal National Library Week is a fitting occasion most dedication and talent, and will continue duties, in order to enhance the quality of life for Little Elm’s ribbon cutting ceremony. This to be known as a leader in the community. As in Bayonne. The Annual Bayonne Holocaust Remem- week is a time to celebrate the contributions of she moves on in her distinguished career, let brance Day Observance Program was chaired our Nation’s libraries and librarians and to pro- it be known that I, along with the people of by Alan J. Apfelbaum, an active and dedicated mote library use and support. Colorado, are eternally grateful for all that she member of the Jewish community. Mr. I would like to commend Little Elm Public Li- has accomplished in her tenure in the Colo- Apfelbaum has been a constant figure at the brary and its employees for their role in en- rado General Assembly. couraging education in their community. Annual Bayonne Holocaust Remembrance Peggy was elected to the Colorado State Day Observance Program since its inception. f Senate in 1996, and subsequently in 2000, The event included proclamations made by after serving in the State House of Represent- TRIBUTE TO MR. KEVIN JONES Mayor Joseph V. Doria, Jr., as well as keynote atives from 1983 to 1996. Serving the people speaker Professor Harry Reicher from the Uni- of Larimer County in District 14, Peggy has HON. ROBERT A. BRADY versity of Pennsylvania Law School. long been an advocate of budget reform, OF PENNSYLVANIA As Director of International Affairs and Rep- health care, education, and economic develop- IN THE HOUSE OF REPRESENTATIVES resentative to the United Nations of Agudath ment. During this current term, Peggy serves Israel World Organization, Professor Reicher Wednesday, April 21, 2004 as a member of the Appropriations and Joint has fought for international human rights, par- Budget Committee. Her outstanding record Mr. BRADY of Pennsylvania. Mr. Speaker, I ticularly religious freedom. Born in Prague and has garnered Peggy praise and awards from rise to honor the accomplishments of Virginia raised in Australia, Professor Reicher has numerous organizations throughout the state Tech junior Kevin Jones, one of the fastest done extensive research, focusing on Nazi and country, including the March of Dimes Ad- players in college football. Mr. Jones has be- legislation and its assault on the Jewish com- vocate of the Year in 2000, the Colorado come one of the most accomplished players in munity. Virginia Tech history due to his tireless team Community Health Network 2001 Outstanding Today, I ask my colleagues to join me in spirit and incredible skill as a running back. Legislator of the Year, and the Colorado honoring the Annual Bayonne Holocaust Re- Mr. Jones achieved recognition and greatness Treasurer’s Association 2001 Unique Woman membrance Day Observance for remembering as a Hokie, becoming both a Doak Walker of Colorado Award. the victims of the Holocaust; and I ask that Award finalist and a Heisman Trophy can- In addition to her service in the Colorado we, too, remember the Holocaust, its victims, didate General Assembly, Peggy has dedicated and the ruthlessness of the Nazi regime. We Kevin Jones was the most highly-rated re- much of her efforts to numerous civic organi- must never forget. zations. She is a member of the American As- cruit in Virginia Tech history. In 2000, while f playing at Cardinal O’Hara High in Springfield, sociation of University Women, Colorado State PA, he was ranked as the Nation’s top high University Women’s Association, and a past IN RECOGNITION OF JOHN T. SIMS, school player by agencies such as Super Prep member of Fort Collins Community Foundation JR. and Student Sports. He was the number one and United Way Campaign. In addition to her running back and number one overall player in philanthropic endeavors, Peggy is the proud HON. MIKE ROGERS the East Region and won the first-ever high mother of two children, Margaret and Michael, OF ALABAMA and two grandchildren, Nathalie and Max. school Heisman award for the Northeast re- IN THE HOUSE OF REPRESENTATIVES gion. Mr. Speaker, it is clear that State Rep- Kevin helped his Virginia Tech football team resentative Peggy Reeves has displayed a ter- Wednesday, April 21, 2004 complete an outstanding season which cul- rific level of dedication and commitment to her Mr. ROGERS of Alabama. Mr. Speaker, minated in advancing to the Insight Bowl. De- community and the State of Colorado. She is Lance Corporal John T. Sims, Jr., 21, of Alex- spite only starting one season, he secured a a remarkable woman, who has achieved exander City, Alabama, died on April 10, 2004 in position on many of his team’s record lists. Al- traordinary things in her distinguished tenure Iraq. Lance Corporal Sims was a member of though recorded in the books as a great run- in the Colorado General Assembly, and I am the Marine’s 2nd Battalion, 4th Marine Regi- ning back with impressive numbers, Mr. Jones honored to be able to bring her hard work and ment, 1st Marine Division, based at Camp is best known for his great work ethic and love dedication to the attention of this body of Con- Pendleton, California, and died of a gunshot of his team. gress and this nation. It is my privilege to be sustained during combat. He is survived by his Kevin Jones’ exceptional talent led him to a able to express to her, and to this country, my mother Margaret Kellum, stepfather Jerry difficult decision. He has had such an extraor- gratitude for all that she has done for our won- Kellum, and his sister Daphne, as well as his dinary career with the Hokies that he has derful state. I wish her and her husband Brent father, John T. Sims of Millbrook. He is also opted to forego his senior season and declare all the best in their future endeavors. survived by his sister Wendy Smith of Alex

VerDate mar 24 2004 04:43 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A21AP8.002 E21PT1 April 21, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E575 City, his maternal grandparents William and John F. Shelley settled eastern Idaho in that of asthma. Asthma is a lung disease that Mary Peppers of Our Town and a paternal 1892, just two years after statehood. He built can be life-threatening and is chronic. In other grandmother, Beulah Sims of Alexander City. the first home, and later a store, in the town words, you live with it every day. Asthma can John Sims, Jr. was eager to serve his coun- that would bear his name. The railroad saw develop quickly and it can range from being a try as a Marine, Mr. Speaker. After graduating promise in the area’s rich volcanic soil and mild discomfort to a life-threatening attack if from Benjamin Russell High School in 2001, stalwart pioneers, and put in a spur line to breathing stops completely. This is a deadly, he joined the Marines and was known for his connect them with the world. Shelley officially often overlooked threat that the American great sense of humor, his quick wit, and his became a city in 1904. Lung Association is fighting. big heart. Like every other soldier, he dutifully In 1927, community leaders in Shelley orga- Today, lung cancer is the leading cause of left behind his family and loved ones to serve nized the first annual Idaho Spud Day, a tradi- death from cancer in men and women. There- our country overseas. tion that grew through the years and continues fore, it is vital that both public and professional Words cannot express the sense of sadness each September with the support of area efforts be directed at effectively controlling this we have for his family, and for the gratitude growers and processors. Indeed, Shelley has epidemic. The American Lung Association is our country feels for his service. Lance Cor- become so thoroughly identified with Idaho’s doing its part in helping us to fight this deadly poral Sims died serving not just the United world famous potatoes that its high school disease. They now operate by means of con- States, but the entire cause of liberty, on a teams are known as the ‘‘Russets.’’ tributions and grants from corporations, foun- noble mission to help spread the cause of That heritage has a special place in my dations, and government agencies. Major freedom in Iraq and liberate an oppressed heart, Mr. Speaker. My career in private busi- people from tyrannical rule. ness was focused on the potato industry. Over medical and educational institutions help the We will forever hold him closely in our 30 years, selling Idaho potato products around association to provide information and pro- hearts, and remember his sacrifice and that of the world, I came to know and appreciate my grams to schools, communities, and different his family as a remembrance of his bravery state’s farmers and the towns and businesses health agencies completely free or at a nomi- and willingness to serve. and families their labors support—like Shelley. nal fee. Thank you, Mr. Speaker, for the House’s re- It is a community with a rich and proud his- Thank you for serving our nation for one membrance on this mournful day. tory, built on hard work and faith and values hundred years in combating lung disease. f that endure. It is a place where people know one another, and look after one another. The f A PROCLAMATION IN MEMORY OF people of Shelley are tough and resilient, and RUTH L. APPLEGARTH they are committed to keeping their hometown TRIBUTE TO MR. JAMEER NELSON the kind of place much of America would still HON. ROBERT W. NEY like to be. OF OHIO Mr. Speaker, please join me in congratu- HON. ROBERT A. BRADY lating Shelley and its fine citizens for a re- IN THE HOUSE OF REPRESENTATIVES OF PENNSYLVANIA markable century of tradition, achievement Wednesday, April 21, 2004 and progress. I’m confident that Shelley, IN THE HOUSE OF REPRESENTATIVES Mr. NEY. Mr. Speaker: Idaho, will remain a special place to live, work Whereas, I hereby offer my heartfelt condo- and raise a family for generations to come. Wednesday, April 21, 2004 lences to the family and friends of Ruth L. f Mr. BRADY of Pennsylvania. Mr. Speaker, I Applegarth; and rise to honor the accomplishments of Saint Jo- Whereas, Ruth Applegarth was a loving sis- AMERICAN LUNG ASSOCIATION seph’s University senior Mr. Jameer Nelson, ter, mother, grandmother, and great-grand- TURNS 100 who will go down in history as one of the mother to the members of her family. Ruth greatest basketball players to have ever was a faithful member of the New Athens HON. MICHAEL C. BURGESS graced the court of St. Joseph’s University. United Methodist Church and spent her time OF TEXAS This 5′11″ point guard recently completed a working with Flushing Chapter 369, Order of IN THE HOUSE OF REPRESENTATIVES sweep of the National Player of the Year the Eastern Star. As a licensed Practical Wednesday, April 21, 2004 awards, winning honors such as the John R. Nurse at the Hillview Nursing Home in Flush- ing, the Cadiz Convalescent Center, the Bel- Mr. BURGESS. Mr. Speaker, as a second Wooden Award, the award for Associated mont Habilitation Center and the Cadiz Group generation doctor, who practiced medicine for Press Player of the Year, and the Pomeroy Home, Ruth brought comfort and solace to 21 years, I am proud to congratulate the Naismith Award. those patients she cared for; and American Lung Association on this their cen- This unanimous AP All-American selection Whereas, Mrs. Applegarth will certainly be tennial anniversary. The American Lung Asso- led the Hawks to an incredible 30–2 season, remembered by all those who knew her be- ciation operates as the oldest voluntary health topping the team in points, assists and steals, cause of her loving nature towards her family, organization in the United States. The organi- while simultaneously becoming Saint Joseph’s friends and community; and zation was founded in 1904 with the purpose career leader. His four-year class secured the Whereas, the understanding and caring to of trying to combat tuberculosis. Today the As- most wins in school history with a 98–27 which she gave to others will stand as a sociation fights all lung diseases with special record and rallied the support of people in the monument to a truly fine person. Her life and emphasis on tobacco-related diseases and greater Philadelphia area with four consecu- love gave joy to all who knew her; asthma. tive post-season appearances. This year, he Therefore, while I understand how words One of the main focuses of the American and the Hawks attained their first-ever num- cannot express our grief at this most trying of Lung Association is the reduction of tobacco ber-one seed in the NCAA tournament and times, I offer this token of profound sympathy use in order to combat lung disease. The act advanced to the Elite Eight. In recognition of to the family and friends of Ruth L. of smoking itself makes it difficult for a per- Mr. Nelson and his monumental career at Applegarth. son’s lung to function properly which makes Saint Joseph’s, his number 14 will be retired. f the lung itself vulnerable to carcinogens from the smoke inhalation. Cigarettes and tobacco As a Chester, PA native, Mr. Nelson has SHELLEY CENTENNIAL contain many cancer-causing chemicals. had an outstanding collegiate career and is Along with disabling the immune response and now preparing for a professional basketball HON. C.L. ‘‘BUTCH’’ OTTER destroying the lung tissue, chemicals can career. His talents and many awards provide wreak cancerous havoc within the lung, him tremendous opportunity in the NBA and in OF IDAHO life. IN THE HOUSE OF REPRESENTATIVES esophagus, throat, and mouth. Chemicals found in tobacco smoke also destroy the cel- It is a privilege to recognize a young person Wednesday, April 21, 2004 lular mechanisms which remove particles from whose ability, leadership, and commitment Mr. OTTER. Mr. Speaker, I rise today to sa- the bronchial passages and results in ‘‘smok- have brought success to his school and team. lute the city of Shelley, Idaho, a community in er’s cough’’. Helping America to stop smoking I ask you and my other distinguished col- the heart of my state’s rich potato country that is a difficult, but worthy pursuit. leagues to join me in commending Mr. Jameer this year is celebrating the centennial of its The second mission the association has Nelson for achievement in his basketball ca- founding. been focusing on for one hundred years is reer.

VerDate mar 24 2004 04:43 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A21AP8.005 E21PT1 E576 CONGRESSIONAL RECORD — Extensions of Remarks April 21, 2004 PAYING TRIBUTE TO TERRY fully left behind his family and loved ones to A PROCLAMATION RECOGNIZING PHILLIPS serve our country overseas. DYLAN FOWKES Words cannot express the sense of sadness HON. SCOTT McINNIS we have for his family, and for the gratitude HON. ROBERT W. NEY OF COLORADO our country feels for his service. Spc. Hiller OF OHIO IN THE HOUSE OF REPRESENTATIVES died serving not just the United States, but the IN THE HOUSE OF REPRESENTATIVES Wednesday, April 21, 2004 entire cause of liberty, on a noble mission to Wednesday, April 21, 2004 help spread the cause of freedom in Iraq and Mr. MCINNIS. Mr. Speaker, I would like to liberate an oppressed people from tyrannical Mr. NEY. Mr. Speaker, take this opportunity and pay tribute to Terry rule. Whereas, Dylan Fowkes has devoted him- Phillips and thank him for his dedication to self to serving others through his membership Colorado and his community as a two-term We will forever hold him closely in our in the Boy Scouts of America; and State Senator. The level of energy and integ- hearts, and remember his sacrifice and that of Whereas, Dylan Fowkes has shared his rity that he has brought to the General Assem- his family as a remembrance of his bravery time and talent with the community in which bly throughout his years of public service are and willingness to serve. he resides; and truly outstanding. As Terry celebrates his re- Thank you, Mr. Speaker, for the House’s re- Whereas, Dylan Fowkes has demonstrated tirement, let it be known that he leaves behind membrance on this mournful day. a commitment to meet challenges with enthu- a great legacy of commitment to the people of siasm, confidence and outstanding service; Colorado and the Colorado General Assembly. f and A Boulder County Assessor from 1989 to Whereas, Dylan Fowkes must be com- 1997, Terry was elected from District 17 to HONORING ZOILA PEREZ ROBAINA mended for the hard work and dedication he serve the community of Boulder in the State put forth in earning the Eagle Scout Award; Senate in 1996, and subsequently in 2000. As Therefore, I join with Troop 23 and the en- a dedicated public servant, Terry also is a HON. ROBERT MENENDEZ tire 18th Congressional District in congratu- member of the Colorado Student Loan Pro- lating Dylan Fowkes as he receives the Eagle gram Advisory Committee, Executive Com- OF NEW JERSEY Scout Award. mittee for the Council of State Governments IN THE HOUSE OF REPRESENTATIVES f West, Water Policy Committee, and the State/ Local Forum and Advisory Commission on Wednesday, April 21, 2004 TRIBUTE TO TAIWAN RELATIONS Intergovernmental Relations. For this current ACT Mr. MENENDEZ. Mr. Speaker, I rise today term he serves as a member of the Appropria- to honor Zoila Perez Robaina on her 90th tions, Business Affairs & Labor, Finance, and birthday. On Sunday, April 18, 2004, Mrs. HON. ROBERT A. BRADY Joint Computer Management Committees. Perez Robaina celebrated this momentous oc- OF PENNSYLVANIA Some of the honors he has received for his IN THE HOUSE OF REPRESENTATIVES significant accomplishments while serving in casion with her closest friends and family. Wednesday, April 21, 2004 the General Assembly include the Colorado Zoila Perez Robaina was born in Assessors’ Association Legislator of the Year Consolacion del Sur, Pinar del Rio, Cuba on Mr. BRADY of Pennsylvania. Mr. Speaker, I award in 2002, University of Colorado Health April 22, 1914. She was one of 11 children rise to commend the people of the Republic of Sciences Center Alumni Legislative Award in born to Encarnacio´n Robaina Gonzalez and China on Taiwan and to commemorate the 2000, and the University of Colorado Boulder Antonio Perez Robaina. At a young age in 25th anniversary of the enactment of the Tai- Alumni Legislative Award in 1999. Cuba, Mrs. Perez Robaina took an apprentice- wan Relations Act. Originated in the Con- Mr. Speaker, it is quite clear that Terry Phil- ship in embroidery and fashion design. Once gress, the Act protects a people who would lips is a person that has displayed a terrific she was proficient, she began a private busi- otherwise be at the mercy of their larger cous- level of dedication and commitment to his life ness from her home specializing in infant ins across the Strait. long pursuit of public service. Terry’s selfless clothing and bridal accessories. The Act, signed into law by President Jimmy Carter on April 10, 1979, forms the basis for dedication to his Boulder community and the After sustaining 10 years under the Castro the security of our most important Asian ally State of Colorado is truly outstanding, and it is regime, Mrs. Perez Robaina, who met her and trading partner. It has enabled that belea- my privilege to recognize him today before this husband Wilfredo Alfonso Ortega in Cuba, left guered island to become an economic and po- body of Congress and this nation. I wish him the island with her daughter in 1969 and made all the best in his future endeavors. litical miracle. her way to Newark, New Jersey. Her husband f Mr. Speaker, Taiwan enjoys a vibrant de- was forced to stay in order to be supportive of mocracy, with competitive political parties par- IN RECOGNITION OF STEPHEN D. their son, Lazaro, who had been imprisoned ticipating in free and open elections. Its gov- HILLER for his political pursuits against the revolution. ernment and its market-based economy are It was 4 years until the entire family was finally models for those nations struggling to lift HON. MIKE ROGERS reunited in the United States. themselves out of the poverty Taiwan once OF ALABAMA Once in New Jersey, Mrs. Perez Robaina suffered. IN THE HOUSE OF REPRESENTATIVES worked tirelessly at Koryette’s Department f Wednesday, April 21, 2004 store as an inventory clerk to provide for her family. She was a dedicated parishioner of the PAYING TRIBUTE TO CARL Mr. ROGERS of Alabama. Mr. Speaker, Immaculate Heart of Mary Church. After the MILLER Spc. Stephen D. ‘‘Dusty’’ Hiller, 25, of Killeen, passing of her husband in 1981, Mrs. Perez Texas, died on April 4, 2004, in Iraq. Spc. Hill- Robaina moved to the City of North Bergen HON. SCOTT McINNIS er was a member of the Army’s 2nd Battalion, where she began to attend Our Lady of Libera OF COLORADO 5th Calvary Regiment, 1st Calvary Division, church. During her time at both Immaculate IN THE HOUSE OF REPRESENTATIVES based at Fort Hood, Texas, and was killed Heart of Mary Church and Our Lady of Libera Wednesday, April 21, 2004 when his unit was attacked near Baghdad. He Church, she was an active member of Mary’s is survived by his wife Lesley and their four Legion. Mr. MCINNIS. Mr. Speaker, I would like to children, and is the son of Elizabeth Hiller of take this opportunity and pay tribute to Carl Opelika, and Steve and Glenda Hiller of Wa- Mrs. Perez Robaina is the loving mother of Miller and thank him for his dedication to Colo- verly. two children, Lazaro and Gloria, and the proud rado as a four-term representative in the State Stephen Hiller was eager to serve his coun- grandmother of 7 grandchildren. And at the House of Representatives. Carl has brought try, Mr. Speaker, and earned the nickname age of 90 years, she is an integral part of her an outstanding level of energy and integrity to ‘‘Dusty’’ from his father. After attending family, with her infectious energy and love. the State House throughout his years of public Opelika High School, in 1998 he pursued his Today, I ask my colleagues to join me in service, and as he celebrates his retirement, dream of serving in the military and enlisted in honoring Zoila Perez Robaina in celebration of let it be known that he leaves behind a great the Army. He later served in the Alabama Na- her 90th birthday. I wish her good health and legacy of commitment to the people of Colo- tional Guard. Like every other soldier, he duti- happiness in the years to come. rado and the Colorado General Assembly.

VerDate mar 24 2004 04:43 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K21AP8.003 E21PT1 April 21, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E577 A third generation Leadville native, Carl has ternist and is also a close friend. I would like A PROCLAMATION HONORING always held firm to his beliefs of serving his to honor Edgar Jackson for the establishment NOELLE RUPLI community and country. Graduating from of his endowed chair and thank him for his Leadville High School in 1956, he joined the support and encouragement over the years. HON. ROBERT W. NEY army and served in Germany from 1958 to On behalf of the people of the 11th Con- OF OHIO 1960. In 1977 Carl filled his first elective office gressional District of Ohio and the United IN THE HOUSE OF REPRESENTATIVES as Lake County Commissioner, and served as States Congress, I pay tribute to the leader- Wednesday, April 21, 2004 past chairman and member of Region 13 ship, dedication, support, and commitment of Council of Governments. In 1996, Carl was Edgar B. Jackson, Jr., M.D. to University Hos- Mr. NEY. Mr. Speaker: elected to serve District 56 in the Colorado pitals and to the community. Whereas, Tim and Linda Rupli are cele- House of Representatives, and presently brating the arrival of their daughter, Noelle serves on the Agriculture, Livestock, & Natural f Rupli; and Resources Committee; Information & Tech- Whereas, Noelle Rupli was born on the six- nology Committee; and the Capital Develop- PERSONAL EXPLANATION teenth Day of March, 2004 and weighed ment Committee. seven pounds and fourteen ounces; and An active member of his community Carl HON. ELTON GALLEGLY Whereas, Tim and Linda are proud to welcome their new daughter into their home; and has devoted his time to numerous civic organi- OF CALIFORNIA Whereas, Noelle Rupli will be a blessed ad- zations. A miner for twenty-seven years, Carl IN THE HOUSE OF REPRESENTATIVES dition to her family, bringing love, joy and hap- served as president and executive director of Wednesday, April 21, 2004 piness for many years to come; the National Mining Hall of Fame and Museum Therefore, I join with Members of Congress from 1989 to 1999. He has served on the Mr. GALLEGLY. Mr. Speaker, on Friday, and Congressional Staff in celebrating with Lake County School Finance and Scholarship April 2, 2004, I was unable to vote on H.R. Tim and Linda Rupli and wishing Noelle Rupli Committees, Lake County Advisory group, 3108, On Agreeing to the Conference Report a very happy birthday. Lake County Historic Preservation Committee, on the Pension Funding Equity Act (rollcall and the 3rd Congressional Military Academy 117). Had I been present, I would have voted f Advisory Selection Committee. Carl and his ‘‘yes.’’ HONORING THE ACHIEVEMENTS OF wife Mary Ann of forty-three years have two MR. EDWARD J. KEPPEL daughters and four grandchildren. f Mr. Speaker, it is clear that State Rep- HONORING CLUB ESPAN˜ A OF HON. JEFF MILLER resentative Carl Miller has ceaselessly dedi- NEWARK OF FLORIDA cated his time and efforts to serving his district IN THE HOUSE OF REPRESENTATIVES and the people of Colorado in the Colorado General Assembly. I am honored to bring his HON. ROBERT MENENDEZ Wednesday, April 21, 2004 hard work and commitment to the attention of OF NEW JERSEY Mr. MILLER of Florida. Mr. Speaker, I rise this body of Congress and this nation today. IN THE HOUSE OF REPRESENTATIVES today to pay tribute to Edward J. Keppel. Thank you for all your service Carl and I wish Wednesday, April 21, 2004 Mr. Keppel entered active duty as a second you all the best in your future endeavors. lieutenant on Sept. 1969 with an assignment Mr. MENENDEZ. Mr. Speaker, I rise today f to Det 10, 6 WW, Eglin AFB, FL. He sepa- to honor Club Espanã for continuing to pro- rated from active duty in Dec. 1973 to pursue HONORING THE FAITHFUL SERV- mote Spanish culture throughout the City of graduate studies in meteorology at Penn State ICE OF EDGAR B. JACKSON, JR., Newark. On Saturday, April 17, 2004, Club University. M.D. Espanã celebrated its 40th anniversary with a In Dec. 1974, Mr. Keppel returned to Eglin dinner/dance at 8 p.m., at 180 New York Ave- to continue the work he enjoyed supporting HON. STEPHANIE TUBBS JONES nue, Newark, New Jersey. weapons testing—this time as a civilian staff ˜ OF OHIO For forty years, Club Espana has served the meteorologist for Det 10 (later renamed 46th city and community of Newark as a center for IN THE HOUSE OF REPRESENTATIVES Weather Squadron). promoting Spanish culture. As the city contin- Throughout the next 30 years Mr. Keppel Wednesday, April 21, 2004 ued to diversify, Club Espanã has continued to has directly influenced many changes and Mrs. JONES of Ohio. Mr. Speaker, I rise to provide a place to keep Spanish cultural tradi- great technical advancements. He has seen recognize Edgar B. Jackson, Jr., M.D. in cele- tion alive. Through music, traditional dance, guided missile programs such as the Ad- bration of the establishment of a $1.53 million and events, Club Espanã has afforded gen- vanced Medium-Range Air-to-Air Missile endowed chair position in his honor at Univer- erations of Spanish immigrants an opportunity (AMRAAM) develop from concept to oper- sity Hospitals in Cleveland, OH. His dedicated to continue to practice the traditions of their ational capability. work over the past 38 years with University native land and honor their heritage. Cultural Mr. Keppel was a pioneer in developing Hospitals and Case Western Reserve Univer- centers, like Club Espanã, provide commu- weather support for armament testing. He uti- sity is exemplary. nities with numerous opportunities to learn and lized DMSP equipment and ‘‘metvans’’ to in- Dr. Jackson began his work as a laboratory participate in activities, and for friends, fami- strument test ranges for real-time and post- assistant at Western Reserve University, lies, and strangers to meet and interact. test mission analysis. where he received his medical degree in Club Espanã not only serves as a Spanish His efforts contributed greatly to the fielding 1966. He remained active at the university and cultural center, but has also been actively in- of the first portable upper air sounding sys- became the first African-American at Case to volved in its community. Located in Newark’s tem—initially meant exclusively for testing, but become a professor of clinical medicine. One historic Ironbound district, Club Espanã has in- is now used for many operational weather of Dr. Jackson’s passions in life was to pro- stituted several social programs for children, support applications around the world. vide better health care for underprivileged families, and seniors, in order to assist those Mr. Keppel was a driving force behind Clevelanders, and he acted on this passion by who are less fortunate. One shining example instrumenting the Eglin test range with Re- establishing medical centers in Glenville in the is the youth members program, established to mote Automated Weather Stations (RAWS)— 1970s and Fairfax in the 1990s. teach children about the history and culture of which are used today to provide critical data Dr. Jackson went on to serve as the Chief Spain. The programs offered by Club Espanã for missions ranging from armament flight test of Staff and Senior Vice President of clinical provide a sense of community, as well as to Army Ranger Training Battalion swamp affairs at University Hospitals. A true profes- tools and assistance for our children to suc- movement training. sional and family man, he is still practicing ceed in the future. More recently, Mr. Keppel was recognized medicine but will begin to focus more of his Today, I ask my colleagues to join me in for his expertise with sound propagation mod- time and attention on his grandchildren. honoring Club Espanã for its distinguished els used in support of the first two test detona- The Edgar B. Jackson, Jr., M.D. Endowed public service, and its dedication to promoting tions of the Massive Ordinance Air Burst Chair is the first chair to be named after a Spanish culture in the City of Newark. I was (MOAB), the largest conventional bomb in the black doctor at University Hospitals and will be truly honored to be Club Espanã’s guest of U.S. inventory. This weapon was developed funded by over 200 prominent Cleveland do- honor at the 40th anniversary Dinner/Dance and tested for use in OPERATION IRAQI nors. Dr. Jackson served as my personal in- event. FREEDOM.

VerDate mar 24 2004 04:43 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K21AP8.004 E21PT1 E578 CONGRESSIONAL RECORD — Extensions of Remarks April 21, 2004 Mr. Speaker, I, on behalf of the United Hank Amos, and grandparents Doug and Lucy Mr. Speaker, please join me as I hail Salem States Congress, salute Mr. Keppel for reflect- Whitehead, as well as a nation and a commu- Shapiro on his 95th birthday. ing a great credit upon himself, and our na- nity who will never forget the sacrifice that he f tion. I offer my sincere thanks for all that he made to protect our freedom. His father, John has done for Northwest Florida and this great Amos, was an Air Force Veteran who John PAYING TRIBUTE TO BRAD YOUNG nation. looked to for guidance and advice while con- f templating service in the military. John re- HON. SCOTT McINNIS mained close to his family until his death, and OF COLORADO PERSONAL EXPLANATION he will never be forgotten by those he left be- IN THE HOUSE OF REPRESENTATIVES hind. Wednesday, April 21, 2004 HON. GERALD D. KLECZKA Mr. Speaker, at this time I ask that you and OF WISCONSIN my other distinguished colleagues join me in Mr. MCINNIS. Mr. Speaker, I would like to IN THE HOUSE OF REPRESENTATIVES honoring a fallen hero, United States Army take this opportunity and pay tribute to Brad Private First Class John Amos II. Pfc. Amos is Young and thank him for his commitment to Wednesday, April 21, 2004 the 21st resident of Indiana to sacrifice his life public service as a four-term member of the Mr. KLECZKA. Mr. Speaker, on Tuesday, in Iraq, and his passing comes as a difficult Colorado House of Representatives. Brad will April 20, I was not present for business on the setback to a community already shaken by the always be remembered for the leadership and floor of the House due to personal business realities of war. Pfc. Amos will forever remain guidance he has provided, and as he cele- and was thereby absent for votes on rollcall a hero in the eyes of his family, his commu- brates his retirement, let it be known that he Nos. 118 through 120. Had I been present, I nity, and his country; thus, let us never forget leaves behind a great legacy in the Colorado would have voted ‘‘yea’’ on rollcall No. 118, the sacrifice he made to preserve the ideals of General Assembly and for the people of Colo- ‘‘yea’’ on rollcall No. 119, and ‘‘yea’’ on rollcall freedom and democracy. rado. No. 120. f Raised in Lamar, Colorado, Brad received f his bachelor’s and master’s degree in agricul- HONORING SALEM SHAPIRO’S 95TH tural engineering from Colorado State Univer- TRIBUTE TO PRIVATE FIRST BIRTHDAY sity. This academic background served Brad CLASS JOHN AMOS, II well in representing Baca, Bent, Huerfano, Las HON. KAREN McCARTHY Animas, Otero, and Prowers counties in the HON. PETER J. VISCLOSKY OF MISSOURI 64th District, where agriculture and water OF INDIANA IN THE HOUSE OF REPRESENTATIVES issues are so vital. His work in the General IN THE HOUSE OF REPRESENTATIVES Wednesday, April 21, 2004 Assembly also has included sponsoring the Habitat Partnership program, the Rural Doctor Wednesday, April 21, 2004 Ms. MCCARTHY of Missouri. Mr. Speaker, Tax Credit, Workers Comp Education by Com- on Friday, April 23, Salem Shapiro, a retired Mr. VISCLOSKY. Mr. Speaker, it is with munity Colleges, and Aquaculture regulation city planner now living in Redding, Con- great pride and honor that I pay tribute to an by the Department of Agriculture. Brad’s lead- necticut, will celebrate his 95th birthday. Nor- outstanding American, a true patriot, and a ership and dedication in the State House mally on an occasion like this, I would hail his hero to his country, Private First Class John earned him the important chairmanships of the service in the Pacific Theater during WWI and Amos II. Pfc. Amos was killed in action on Appropriations and Joint Budget Committees, salute the idealism with which he battled sub- Sunday, April 4, 2004, while serving in Kirkuk, and he is a former member of the Education urban sprawl and exclusionary zoning. But Iraq for the 1st Battalion, 21st Infantry Regi- and Transportation Committees. such a standard tribute to his 60–year career ment, 25th Infantry Division of the United Mr. Speaker, I am honored to pay tribute misses the larger message of his life: his joy- States Army. He bravely sacrificed his life to before this body of Congress and this nation ensure the safety of his fellow soldiers, the ful refusal to bow to the cliches of old age. Like many senior citizens today, Salem Sha- to State Representative Brad Young for his Iraqi people, and the very idea of freedom selfless efforts of public service during his ten- throughout the world. He was remembered at piro took up writing in his late eighties. But instead of dwelling on autobiography and family ure in the Colorado House of Representatives. funeral services held on the morning of Tues- The level of integrity and honesty Brad has day, April 13, 2004, in his hometown of genealogy, he composed satirical essays that channeled the spirit of Jonathan Swift. Claim- displayed while serving his district and the Valparaiso, Indiana. people of Colorado has earned the respect John Amos was raised in Griffith, Indiana ing to be a master of ‘‘Non-Euclidean, Non- Linear Logic,’’ he puckishly suggested that the and admiration of his peers. I would like to ex- and later moved to Valparaiso, Indiana where tend my congratulations to Brad on his retire- he graduated from Valparaiso High School in elderly were fast becoming an endangered species because of their ‘‘unusually low birth ment and wish him, his wife Rebecca, and his 2002. After the September 11, 2001, terrorist two daughters Cassandra and Laura all the attacks on the United States, John’s dedica- rate when compared with other sectors of the population.’’ His remedy was to champion the best in their future endeavors. tion to his country led him to enlist in the f United States Army right after his graduation mythical organization called ‘‘Save the Elderly from Valparaiso High School. Although the from Themselves.’’ Then there was his mock- A PROCLAMATION HONORING physical and mental demands were extremely ing proposal to deal with the high cost of cam- JULIA MARIE ERICKSON difficult, John remained undeterred in his de- paigning by suggesting that the presidency be sire to serve in the military. The son of an Air let out for auction, thereby enriching the Fed- eral Treasury rather than individual TV sta- HON. ROBERT W. NEY Force Veteran, John understood the hardships OF OHIO of military life and accepted them with the tions. But nothing better captures Salem Shapiro’s IN THE HOUSE OF REPRESENTATIVES courage and fortitude befitting a soldier dedi- indomitable spirit as well as a poem he wrote cated to the defense of his country. Wednesday, April 21, 2004 a few years ago entitled ‘‘An Attitude.’’ The Pfc. Amos deployed for Iraq as part of the Mr. NEY. Mr. Speaker: last two stanzas deftly summarize his philos- 1st Battalion, 21st Infantry Regiment, 25th In- Whereas, John and Michelle Erickson are ophy of aging: fantry Division. John was on patrol near celebrating the arrival of their daughter, Julia Kirkuk, Iraq when an explosion hit his military I too have lived a lifetime Marie Erickson; and Enjoying myself and serving society vehicle and prematurely took his life. John But I will not allow me Whereas, Julia Marie Erickson was born on wanted nothing more than to dedicate his life To be cast off like the leaf the twenty-fifth Day of March, 2004 and to the military, and he honored his unit on In the Fall of my life. weighed seven pounds and one ounce; and April 4, 2004, by sacrificing himself to pre- I shall continue my activity Whereas, Mr. And, Mrs. Erickson are proud serve the values he treasured. In interacting with friends to welcome their new daughter into their Although it was his ambition to serve his na- And people and groups such as this home; and tion as a soldier, nothing was more important That constitutes my tree Whereas, Julia Marie Erickson will be a to Pfc. Amos than his family. He is survived by And resist turning dry and crumble. blessed addition to her family, bringing Cove, his mother, Susan Amos, his father, John Longevity encompasses far more than luck joy and happiness for many years to come; Amos, a sister, Rebecca Amos, two half broth- and genes. It is, in many ways, the ultimate Therefore, I join with Members of Congress ers, Hunter and Tyler Amos, grandfather, art form. and Congressional Staff in celebrating with

VerDate mar 24 2004 04:43 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A21AP8.018 E21PT1 April 21, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E579 John and Michelle Erickson and wishing Julia corporations, or the abundance of its natural HONORING DR. DANIEL BERTOCH Marie Erickson a very Happy Birthday. resources. The future of America lies in its young people and their commitment to this f extraordinary nation. As a young person, I HON. MICHAEL BILIRAKIS CONGRATULATING NATIONAL cannot foretell America’s future, but I can OF FLORIDA TEACHER OF THE YEAR KATH- help decide it by my beliefs, my actions and IN THE HOUSE OF REPRESENTATIVES LEEN MELLOR most importantly my commitment to Amer- ica’s future. Wednesday, April 21, 2004 Why is commitment so important? Because Mr. BILIRAKIS. Mr. Speaker, I rise today to HON. JAMES R. LANGEVIN commitment is the power that enables a per- honor Dr. Daniel Bertoch, a dentist in my con- OF RHODE ISLAND son to achieve his highest goals and greatest gressional district who routinely provides free IN THE HOUSE OF REPRESENTATIVES aspirations. Commitment is knowing what you want, and doing whatever it takes to get dental services to those in his community who Wednesday, April 21, 2004 it. And, as an American, I am committed to cannot afford them. Mr. LANGEVIN. Mr. Speaker, I rise today to my nation’s future, in four distinct ways. I met Dr. Bertoch and his staff several years congratulate Kathleen Mellor for being named Four C’s, if you will. ago while visiting businesses in my congres- the 2004 National Teacher of the Year. Mrs. I am committed to the common cause of sional district. Dr. Bertoch’s office, located in freedom and equality for everyone, regard- Mellor, a resident of South Kingstown, Rhode Citrus Park, serves many of my constituents in less of age, gender, race or religion. George Northwest Hillsborough County. He told me Island, is the first Rhode Islander and also the Bernard Shaw said, ‘‘Liberty means responsi- first English as a Second Language (ESL) bility.’’ And responsibility requires commit- then that he believed in the importance of civic teacher to be honored with such an award. ment to the common cause of freedom. With- responsibility and helping those in need. Mrs. Mellor currently teaches at Davisville out this commitment, the dreams of Ameri- I am pleased to say Dr. Bertoch has acted Middle School and Hamilton Elementary cans, young and old, cease to exist. Person- on that belief. He recently invited a group of School. She has twenty-three years of experi- ally, I’m looking forward to a college edu- less fortunate children from the community to ence as a teacher and has worked with the cation, but because I’ve chosen alternative his office for free dental services. He and his North Kingstown School Department since schooling, I need colleges to view potential staff (Dr. Maria Egir, Mary Anne Futch, Valera 1985. She developed an ESL program for the students equally, without prejudice, whether Senden, Janice Jonasson, Leigh Allen, and they attend to public school, private school, school system that allowed ESL students to or homeschool. Freedom, the common cause Maria Goetz) treated 17 children over the remain in mainstream classrooms for the ma- that upholds ‘‘liberty and justice for all’’, is course of an entire day. They provided com- jority of their day. She fostered a community dependent on each citizen’s commitment. prehensive exams to the children, gave them within the school, while encouraging students Secondly, I am committed to commu- fluoride treatments, filled their cavities, and to share their own cultures and languages with nicating my convictions in both public and provided each child with a full dental treatment one another. This first-rate program flourished private situations. When I turn eighteen, plan and copies of their x-rays. They also and is still in place today. like every other American citizen, I will be served breakfast and lunch to the group with In addition to her many academic accom- given the right to vote. I will use that right the help of local businesses and hired some- plishments, Mrs. Mellor volunteers in her com- because I know that each vote counts. His- tory records that Abraham Lincoln, one of one to paint faces and make balloon animals munity and started a program called Ladybugs the most influential Presidents ever, won his for the children. As Dr. Bertoch said, ‘‘a great where mothers of ESL students can practice Presidency by only one electoral vote. In the time was had by all.’’ their conversational English, so they can bet- same way, however, Adolph Hitler won his Dr. Bertoch told me that he realizes that ter understand their children’s new lives. In dictatorship by one vote. But even before I charity is not a health care solution. He added, recognition of her creation of a warm learning turn 18, I can communicate my convictions however, that along with proper funding, com- environment, energetic disposition, and deter- by living my life in accordance with deeply munities can find ways to help underserved mination for her ESL students to succeed, she held beliefs. It may not be convenient or children who need basic health and dental was nominated for, and won, the 2004 Rhode comfortable, but that’s what commitment is all about. Commitment isn’t a dream, a care. Island Teacher of the Year Award. Mr. Speaker, Dr. Bertoch and his staff of Mrs. Mellor was named National Teacher of hope, or a goal; commitment is a lifestyle. And I am committed to communicating my caring professionals exemplify the spirit of the Year by the Council of Chief State School convictions so that I can make a difference generosity and compassion which forms our Officers on April 20th, 2004. Today she will be in America. country’s foundation. I am proud to know them recognized for her achievements by President Making a difference often means creating and commend their work to our colleagues as Bush in the Rose Garden of the White House. change, the third ‘‘C’’ to which I am com- we continue our efforts to make health care mitted. An old proverb states, ‘‘If you want In the next year, 150 national and international more accessible and affordable. groups will have the honor of hearing Mrs. something to change, you have to change Mellor speak while she travels as the national something.’’ Change is the pathway to im- f provement, particularly when it is enacted ambassador for the teaching profession. PAYING TRIBUTE TO TAMBOR Mr. Speaker, it is not often enough that the with purpose and principle. I am one of millions of students who have the opportunity WILLIAMS hard work and determination of our educators to determine America’s destiny. So, does are acknowledged, so it is with great pride that that mean I only have a slight chance of af- HON. SCOTT McINNIS I recognize an exceptional teacher like Kath- fecting change? Not at all! One-in-a-million OF COLORADO leen Mellor for all her accomplishments. changes happen every day. With my commit- I hope our colleagues will join me in con- ment to America’s future, I can meet new IN THE HOUSE OF REPRESENTATIVES gratulating Kathleen Mellor on her award. challenges, overcome obstacles and influence Wednesday, April 21, 2004 f others for change. I am committed to change because I know that if we never change, we Mr. MCINNIS. Mr. Speaker, I would like to VFW VOICE OF DEMOCRACY will never find a better way. take this opportunity and pay tribute to SCHOLARSHIP CONTEST My final ‘‘c’’ of commitment is caring. I Tambor Williams, and thank her for her tire- have committed myself to caring by visiting less efforts serving the people of Colorado as nursing homes, helping clean neighbor’s a four-term member of the Colorado House of HON. HEATHER WILSON yards, and leading children’s activities at a OF NEW MEXICO Representatives. Tambor will always be re- local daycare center. The tragedy of Sep- membered as a dedicated public servant and IN THE HOUSE OF REPRESENTATIVES tember 11 forced citizens to look beyond leader of the community. As she celebrates Wednesday, April 21, 2004 themselves and the result has been a wave of volunteerism sweeping across the country. her retirement, let it be known that she leaves Mrs. WILSON of New Mexico. Mr. Speaker, Caring for one another unifies us as Ameri- behind a terrific legacy of dedication and com- I commend to my colleagues the following cans. Caring is the key to a strong country mitment to the Colorado General Assembly essay written by one of my constituents. and I am committed to caring. and for the people of Colorado. [From the 2003–2004 VFW Voice of With commitment to these four C’s, I can A practicing lawyer and professional medi- Democracy Scholarship Contest] help determine America’s future. I am com- ator, Tambor has used these skills to become mitted to America—to its common cause, to MY COMMITMENT TO AMERICA’S FUTURE communicating my convictions, to changing an efficient and effective leader in the General NEW MEXICO and to caring. With this fourfold commit- Assembly through her four terms of office for (By Christina Durano) ment—these 4 ‘‘C’s’’, I foresee a great future District 50, which serves Weld County. She The future of America does not depend on for the greatest nation on earth. That is my serves as the Speaker Pro Tem of the House, power of its government, the wealth of its commitment to America’s future. chairs the House Business Affairs & Labor

VerDate mar 24 2004 04:43 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A21AP8.022 E21PT1 E580 CONGRESSIONAL RECORD — Extensions of Remarks April 21, 2004 Committee and the Legislative Audit Com- PERSONAL EXPLANATION stitute meaningful and lasting reforms in sev- mittee, and is a member of the House Appro- eral spheres. President Ben Ali has taken the priations Committee. Her excellent record in HON. ROB PORTMAN lead role in the region as a consistent and ar- the State House has earned her the Legal Re- OF OHIO dent supporter of women’s rights. His reform form Summit State Legislative Award from the IN THE HOUSE OF REPRESENTATIVES endeavors carry over into the area of eco- United States Chamber of Commerce, as well nomic modernization under the auspices of as numerous awards and recognition from Wednesday, April 21, 2004 ambitious educational reform and investment Colorado businesses and organizations. Mr. PORTMAN. Mr. Speaker, on rollcall vote in technology and infrastructure. The great Tambor’s efforts to better her community in- Nos. 118 and 119, I was unavoidably detained people of West Virginia can certainly appre- clude extensive involvement with civic organi- at the White House. Had I been present, I ciate these advancements as they themselves zations. She is an active member of the City would have voted ‘‘yea’’ for each bill. continue to spearhead similar ventures of Greeley Mayor’s Advisory Board, a member f through top-notch technology training institutes of the Commission of Judicial Performance and initiatives. and member of the Weld County Local Emer- HONORING ANNETTE GARNETT, Mr. Speaker, for all of these reasons, I am gency Planning Committee. Tambor’s involve- JOHN THICH AND BRUCE DIN honored to welcome His Excellency President ment also has included serving as board chair Zine El Abidine Ben Ali on his visit to the of Union Colony Civic Center, board member HON. SAM FARR United States in order to meet with President for Parent Child Learning Center, board mem- OF CALIFORNIA Bush. ber of Right to Read, and serves as post advi- IN THE HOUSE OF REPRESENTATIVES f sor for the Explorer Scouts. Wednesday, April 21, 2004 PAYING TRIBUTE TO MOFFAT Mr. Speaker, it is quite clear that State Rep- COUNTY resentative Tambor Williams is a person who Mr. FARR. Mr. Speaker, I rise today to possesses dedication and commitment to her honor the courageous and selfless acts of life long pursuit of public service. It is not only three Monterey County residents currently em- HON. SCOTT McINNIS her incredible devotion, but also her passion ployed at Monterey Credit Union, a local finan- OF COLORADO for contributing towards the betterment of the cial institution. Annette Garnett, John Thich IN THE HOUSE OF REPRESENTATIVES Weld County community and the State of Col- and Bruce Din saved their fellow employees Wednesday, April 21, 2004 from certain danger when approached by a orado that I wish to bring before this body of Mr. MCINNIS. Mr. Speaker, it is my honor to disgruntled and armed former employee. Congress and this nation. It is my distinct rise and pay tribute to Moffat County in my On the morning of March 17, Annette Gar- pleasure to honor Tambor here today, and home state of Colorado. Recently, the United nett, a four-year veteran of the Monterey wish her and her husband Jim all the best in States Department of Agriculture, along with Credit Union, was approached and threatened their future endeavors. the Department of the Interior, recognized by Douglas Chase, a former employee that Moffat County for the excellence of its had been arrested just a day earlier on weap- f Wildland Fire and Fuel Management Plan. The ons charges. In an attempt to free Ms. Garnett County has developed an innovative approach A PROCLAMATION RECOGNIZING from Chase’s hold, John Thich and Bruce Din, to combating the threat of catastrophic wildfire, DAVID LEE RAUCH PARKS both employed for less than a month at the and I am honored to recognize its dedication time of the event, wrestled the attacker to the to the safety of its citizens. ground and successfully disarmed him. They HON. ROBERT W. NEY Over the past two and a half years, officials were also able to immobilize Chase until po- OF OHIO from Moffat County have worked in conjunc- lice arrived to take him into custody. tion with local residents, wildfire experts and IN THE HOUSE OF REPRESENTATIVES I am deeply moved by the compassion and government agencies to implement a com- Wednesday, April 21, 2004 bravery these employees exhibited and I be- prehensive system for hazardous fuels reduc- lieve they should truly be heralded as heroes. Mr. NEY. Mr. Speaker: tion and fire suppression. As a result of these There is no way of estimating the potential Whereas, David Lee Rauch Parks has de- efforts, Moffat County has created a model danger that could have incurred if the re- voted himself to serving others through his countywide fire plan that provides a template sponse to Chase’s attack had been less effec- membership in the Boy Scouts of America; for the implementation of similar programs in tive. Mr. Speaker, on behalf of our community, and rural communities nation-wide. I commend these three outstanding citizens Whereas, David Lee Rauch Parks has Mr. Speaker, it is my privilege to rise and for risking their lives in hope of protecting pay tribute to Moffat County. The County’s shared his time and talent with the community those of others. in which be resides; and commitment to integrating the needs and de- f Whereas, David Lee Rauch Parks has dem- sires of the local community into their fire onstrated a commitment to meet challenges ON THE OCCASION OF HIS EXCEL- planning is certainly deserving of our praise. I with enthusiasm, confidence and outstanding LENCY PRESIDENT ZINE EL am proud of Moffat County and its tireless service; and ABIDINE BEN ALI OF THE RE- dedication to the protection and betterment of Whereas, David Lee Rauch Parks must be PUBLIC OF TUNISIA VISITING its citizens. commended for the hard work and dedication WASHINGTON, DC, AT THE INVI- f he put forth in earning the Eagle Scout Award; TATION OF PRESIDENT GEORGE PUTTING PREVENTION FIRST Therefore, I join with Troop 312 and David’s W. BUSH family and friends in congratulating David Lee Rauch Parks as he receives the Eagle Scout HON. DANNY K. DAVIS HON. NICK J. RAHALL II OF ILLINOIS Award. OF WEST VIRGINIA IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES f Wednesday, April 21, 2004 Wednesday, April 21, 2004 Mr. DAVIS of Illinois. Mr. Speaker, I want to PERSONAL EXPLANATION Mr. RAHALL. Mr. Speaker, I would like to thank the Pro-choice Caucus Co-Chairs—Con- extend my most heartfelt welcome to Presi- gresswoman SLAUGHTER, Congressman HON. LUIS V. GUTIERREZ dent Zine El Abidine Ben Ali, President of Tu- GREENWOOD, Congresswoman DEGETTE, and OF ILLINOIS nisia, on his visit to the U.S. on February 18, Congresswoman JOHNSON for disregarding IN THE HOUSE OF REPRESENTATIVES 2004. President Ben Ali has been an partisan lines and working together for the unstinting friend and ally in the war on terror. safety of women and to secure women’s re- Wednesday, April 21, 2004 Thereby, he has maintained and nurtured an productive rights. I am proud to be an original Mr. GUTIERREZ. Mr. Speaker, I was also alliance between the U.S. and Tunisia that has cosponsor to such a comprehensive piece of unavoidably absent from this Chamber on existed for over two centuries, dating back to legislation that does not focus on controversy April 20, 2004. I would like the record to show the Treaty of Peace of 1797. but on preventive care and education. that, had I been present, I would have voted It has been the hallmark of the Honorable Those who consider themselves pro-choice ‘‘yea’’ on rollcall votes 118, 119 and 120. Ben Ali’s tenure as President of Tunisia, to in- do not agree on many issues with those who

VerDate mar 24 2004 04:43 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\K21AP8.006 E21PT1 April 21, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E581 consider themselves pro-life. But the one thing TRIBUTE TO MS. LAUREN LINCOLN how the votes were actually cast. It is instruc- that we both agree on is preventing women tive that the Pentagon scrapped an Internet and teens from having unintended preg- HON. JAMES T. WALSH voting project because officials there deter- nancies and having an abortion. To succeed, OF NEW YORK mined there was no way they could guarantee we must provide education to young women IN THE HOUSE OF REPRESENTATIVES that voting records could be kept secure. This about their bodies and about preventing preg- issue should be a major concern for all of us. nancies and STDs. I always say education is Wednesday, April 21, 2004 The new Election Assistance Commission the key. We know that education works—rates Mr. WALSH. Mr. Speaker, I rise today to has plans to disburse $2.3 billion as early as of unintended pregnancies among teens have pay tribute to an outstanding, young American, next month to states for technology upgrades greatly declined as well as the number of Ms. Lauren Lincoln. Ms. Lincoln created, from in voting equipment. Complying only with the abortions being performed. Yet, we have not the ground up, a Rainbow Winter Guard team upgrades required under current law, however, done enough. In 2000, there were approxi- for Special Olympians in Rochester, New poses future problems for states. Presently, mately 18.9 million new cases of STDs in the York. This is a great accomplishment for any states could purchase machines without the United States including an increase in HIV– individual, but what makes Lauren’s situation capability of printing ballots for the voter to AIDS. unique is she is just 16 years of age. verify for accuracy. The reproductive health of women should Lauren Lincoln, a resident of Irondequoit, States have already experienced problems be a public health priority for our Nation. Al- New York, first developed the idea of creating that illustrate the problems created by voting though, I believe abstinence should be taught a color guard after attending an exhibition by machines without an auditable paper record. and stressed—it is not a reality for many of Special Olympians in Dayton, Ohio, last year. In Indiana, a glitch resulted in 5,352 voters our young people. Family planning programs She quickly transformed this idea into reality casting 144,000 votes. Virginia machines sub- must be available to all women—young, older, after conversations with local Special Olympic tracted votes rather than adding them to a poor, middle class, those with private insur- officials. By September of 2003, the newly candidate’s total in some cases. In Florida, ance or on Medicaid. Again, I commend the formed Rainbow Winter Guard was having 10,844 votes were cast; candidate won by 12 pro-choice caucus for offering legislation that weekly practices and on October 13, 2003, votes, but there were 137 under-votes. Florida focuses on keeping abortion legal, safe, and had their first official performance. state law requires a manual recount of all rare with proper education and preventive In addition to the creation and training of the under-votes in a race with this tight a margin, health care services. Special Olympians, Lauren has managed the but no paper trail was available and the re- administrative tasks that accompany such an count was impossible. A recent study of Mary- f endeavor. She developed a budget, created a land electronic voting machines found that practice and performance schedule and raised they were all equipped with one of two locks, HONORING NOVA CHEMICALS, INC. monies to fund the costs of maintaining the which keys to the other machines could open. program. Finally, in Georgia, on Super Tuesday, ten Mr. Speaker, Lauren Lincoln is one example voting terminals were found sitting in the lobby HON. MELISSA A. HART of many exceptional youths who are displaying of a Georgia Tech building unattended, in un- OF PENNSYLVANIA altruistic dedication to the public good. She is locked cases. These machines easily could IN THE HOUSE OF REPRESENTATIVES a model for all Americans and I commend her have been altered during this time. achievements. This legislation protects the integrity of elec- Wednesday, April 21, 2004 f tronic voting systems by requiring a voter- Ms. HART. Mr. Speaker, I would like to take verified paper audit record for each ballot. The INTRODUCING THE KNOW YOUR voter can verify the ballot at that time, and the this opportunity to recognize Nova Chemicals, VOTE COUNTS ACT OF 2004 Inc., a chemical manufacturer located in paper record created can be used if state de- Monaca, Pennsylvania, recently honored by termines that recount is needed. To preserve Toyota Motor Manufacturing of North America, HON. STEVE KING ballot secrecy and prevent voter intimidation, Inc. as a top supplier for 2003. It is truly an OF IOWA this bill prohibits voters from copying or re- honor to have an industry leader in my district. IN THE HOUSE OF REPRESENTATIVES moving the record from a polling place. The Annually, the Toyota Motor Manufacturing of Wednesday, April 21, 2004 Know Your Vote Counts Act respects principles of federalism and defers to state law, al- North America, Inc. acknowledges those sup- Mr. KING of Iowa. Mr. Speaker, I am intro- pliers who have met their highest standards in lowing states to make their own decisions ducing the Know Your Vote Counts Act of about when to require recounts while pre- quality, delivery, supplier diversity and value 2004, legislation which will amend the Help improvements for parts, materials, and trans- venting computer error or deliberate fraud America Vote Act of 2002 to require voting from altering election outcomes. portation. Toyota is strongly committed to buy- systems to print a paper record for each ballot ing from local sources for U.S. manufacturing This is not a partisan issue. It is an Amer- that the voter can verify for accuracy before ican issue. All Americans must know that their operations—currently, Toyota buys from 500 the ballot is cast. This makes a recount pos- U.S. suppliers. By the year 2006, Toyota will votes count. I urge my colleagues to co-sponsible in the event that a state determines one sor the Know Your Vote Counts Act of 2004 have the capacity to build 1.66 million cars is needed. Without a paper trail, a recount is and trucks a year and 1.29 million engines in in the 108th Congress so that we can ensure impossible. that the votes cast are the votes counted. North America. Current law permits precincts to print ballots f Nova Chemicals, Inc.’s Beaver Valley facility for the first time after the polls have closed. was recognized for both quality and delivery Therefore, voters might never get to see their PAYING TRIBUTE TO SPC. JUSTIN during this year’s 2004 Supplier Awards Cere- ballots. This creates a risk that the computer REDIFER mony at Toyota’s Annual Business Meeting record may differ from the voter’s true inten- and Awards Ceremony. Since the company’s tions, without the voter ever knowing. More- HON. SCOTT McINNIS start in 1954, it has grown into a multi-billion- over, computer malfunctions or insider hacking OF COLORADO dollar corporation and is now North America’s might occur between the time of voting and IN THE HOUSE OF REPRESENTATIVES largest producer of polystyrene. Furthermore, printout, defeating the goal of the paper record Nova Chemicals, Inc. is an active participant requirement. The Know Your Vote Counts Act Wednesday, April 21, 2004 in the local communities where their facilities eliminates these possibilities by clarifying to Mr. MCINNIS. Mr. Speaker, it is an honor to are based—not only do they provide financial states that a ballot must be printed at the time rise and pay tribute to an outstanding patriot improvements to the communities they join but of each vote, thus ensuring the achievement from my home state of Colorado. Army Spe- they also improve the social surrounding as of HAVA’s goal of electoral integrity. cialist Justin Redifer recently returned from well. Electronic voting systems are supposed to serving our nation in Operation Iraqi Freedom, I ask that all the members in the House of increase voter confidence in election results. and in recognition of his actions, was awarded Representatives join with me in honoring this Without this safeguard, they seem to do any- a Bronze Star with a distinction for valor. This outstanding company based within the Fourth thing but. A prominent fear has developed that incredible honor is a testament to Justin’s Congressional District of Pennsylvania. I am these machines will facilitate a cyber version courage and bravery, and I would like to take pleased to represent this award winning chem- of dumping ballot boxes in the river. Software this opportunity to recognize him before this ical manufacturer. could be set to record votes with no regard to body of Congress and this nation today.

VerDate mar 24 2004 04:43 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A21AP8.032 E21PT1 E582 CONGRESSIONAL RECORD — Extensions of Remarks April 21, 2004 A soldier in the 244th Engineer Battalion, students set the standard for scholastic excel- AMUSEMENT PARK RIDE CHILD Justin’s responsibility in Iraq was to seek out lence that the Academic Decathlon seeks to LABOR ACT OF 2004 and establish temporary operating bases for attain. American forces. This dangerous task often Mr. Speaker, I join with all residents of the HON. EDWARD J. MARKEY put Justin’s detachment, based in Grand Junc- Fifth Congressional District of Illinois in con- OF MASSACHUSETTS tion, Colorado, in harms way. A few months gratulating Whitney Young High School on its IN THE HOUSE OF REPRESENTATIVES ago Justin’s unit was involved in one Wednesday, April 21, 2004 harrowing firefight in the City of Samarra achievement. I wish the Academic Decathlon where a group of armed insurgents in a car winners the best of luck at the national com- Mr. MARKEY. Mr. Speaker, I rise to intro- headed straight for our troops. As the insur- petition in Idaho as well as continued success duce ‘‘The Amusement Park Ride Child Labor gent’s vehicle passed Justin’s position, he as their education continues. I am very proud Act of 2004, an act that directs the Secretary shot out the back window before the car ca- of these young and future leaders of tomor- of Labor to prohibit the employment of minors reened into an area where the unit was able row. as ride operators. For the sake of both the to effectively contain the situation. young employees and the park patrons, who Mr. Speaker, it is an honor to rise and rec- f are disproportionately children themselves, the ognize the actions of Specialist Justin Redifer Department of Labor should recognize that op- for his service to our nation. Receiving the A TRIBUTE TO MAY MARSHBANKS erating roller coasters and thrill rides requires Bronze Star is a testament to the bravery and OF LILLINGTON, NC split-second judgments that, if mishandled, courage Justin displayed while in Iraq. His can injure both the operator and dozens of rid- selfless sacrifice to his country serves as a ers. Let minors take the non-hazardous jobs in model for all Americans who desire to serve HON. BOB ETHERIDGE our parks—let adults run the rides. their country in this war against terror. Many OF NORTH CAROLINA If it were ever wise to allow minors to oper- young men and women like Justin are now ate amusement park rides, it is not a safe serving their nation, without regard to personal IN THE HOUSE OF REPRESENTATIVES practice today. Based on the National Elec- tronic Information Surveillance System safety, to ensure the people of Iraq can have Wednesday, April 21, 2004 the same freedoms we enjoy. On behalf of my (NEISS), the Consumer Product Safety Com- fellow Coloradans and Americans, I wish to Mr. ETHERIDGE. Mr. Speaker, I rise today mission (CPSC) estimates that, nationwide, thank Justin for his bravery and noble service. to congratulate a public servant of the elderly 800 employees are injured operating amuse- f in North Carolina, May Marshbanks, and her ment park rides each year. This is in addition recent acceptance of the George L. Maddox to the estimated 6,800–10,700 patrons injured HONORING WHITNEY YOUNG HIGH Award. This award honors individuals in North on amusement park rides each year. The po- SCHOOL Carolina who have excelled in developing and tential for dangerous, debilitating and some- implementing creative programs for older times deadly consequences when persons op- HON. RAHM EMANUEL adults. The award symbolizes years of tireless erating amusement park rides make misjudgments, either in the operation of the OF ILLINOIS effort on the part of Miss Marshbanks to pro- ride itself or in the reaction to a situation IN THE HOUSE OF REPRESENTATIVES vide much needed services to the elderly pop- brought on by rider error or ride malfunction, Wednesday, April 21, 2004 ulace of Harnett County. is very serious. Mr. EMANUEL. Mr. Speaker, I rise to con- May Marshbanks, who is eighty-six years According to the Bureau of Labor Statistics, gratulate Whitney Young High School of Chi- old, has directed the Harnett County aging 114 employees died while attending to amuse- cago for its triumphant achievement on win- program for 32 years since the inception of ment and recreation facilities during the 10– ning the first place title in the Illinois Academic the Harnett County Council on Aging in 1971. year period 1992–2002, and 7 of those fatali- Decathlon competition on March 13, 2004. This marked a second career for Ms. ties involved children under the age of 18. The Academic Decathlon is a team competi- Marshbanks, who retired as a principal from During 2001, nonfatal injuries suffered by tion wherein students are tested through a di- the Chapel Hill school system and moved amusement ride attendants totaled 2,475, and verse group of scholastic categories including: back to Harnett County. She has been a pas- nearly one out of every five injuries was suf- art, economics, essay interview, language and sionate advocate for the aging and elderly fered by a child employee. literature, mathematics, music science, social ever since. The fact is that in the past 15 years, the science and speech. speed and complexity of amusement park With up to nine members from each team Through her pioneering spirit, Ms. rides has risen dramatically. All of the nation’s competing in all ten events of the decathlon Marshbanks forged a path for the Council to 15 fastest coasters have been built in the last and representing a diversity of scholastic apti- develop into the Harnett County Department 10 years. But clearly, the margin for error is tude, the true spirit of this year’s ‘‘America. on Aging. Today, the Department delivers a much narrower for the operator of a ride trav- The Growth of a Nation’’ theme has been ad- number of important programs to the elderly eling at 100 mph than on a ride traveling 50 vanced. including minor home repair, In-Home Aid, an mph. People make mistakes, and the riders The decathlon, which was first created by Elderly Nutrition Program, and the Community often act like children, because they often are Dr. Robert Peterson, has helped maximize the Alternatives Program for Disabled Adults. The children. This situation is dangerously com- learning potential of young minds through Department provides legal assistance to sen- pounded by allowing young teenagers to be competitive challenge. Whitney Young has re- iors. It also offers a transportation program to put in charge of running these high-tech, high- peatedly demonstrated its ability to shine provide seniors the ability to live independently speed machines. among the best and brightest of Chicago’s and to provide them access to medical and The following are just a few examples of academic community. social services. tragedies involving ride operators under the As winners of the Illinois Academic Decath- age of eighteen. As one colleague stated, ‘‘May Marshbanks lon, Whitney Young High School will go on to In August 1999, a 16-year-old boy ride at- is the Harnett County Department on Aging. represent our city and state in the national tendant died from injuries he suffered at Lake meet in Boise, Idaho. Nine of its students will The community sees her and the agency as Compounce amusement park in Bristol, Con- compete in one of the most prestigious high synonymous.’’ May Marshbanks has connecticut. The boy was working as a ride at- school academic competitions in the United nected her life with others through noble tendant on the ‘‘Tornado,’’ a spinning ride States. causes, and her actions have effected hun- more commonly known as the ‘‘Scrambler.’’ I salute each of our Whitney Young High dreds of lives. She has provided needed serv- The accident happened when the boy stepped School Academic Decathlon Winners: Rachel ices for older adults in Harnett County, in- onto the ride before it had come to a complete Birkhahn-Romelfanger, Nailah Cash-Obannon, formed local government officials of the needs stop. His legs got caught underneath the ride Clare Conroy, Christina Doocy, Sarah Duffy, of the elderly, and developed public and pri- and he was dragged until the operator acti- Ikee Gardner, Lally Gartel, Deana Rutherford, vate cooperative partnerships among existing vated the emergency stop. The boy was left Eleanor Sharp and Margaret Sharp. agencies and programs. I thank May for her pinned underneath the ride from the waist Reaching this level of competition is a tre- service to the citizens of Harnett County. She down. Firefighters used inflatable devices to mendous achievement and one that deserves truly is a compassionate person who makes lift the ride off of the victim. After the boy was special recognition. Indeed, Whitney Young good things happen. freed, he was transported by helicopter to a

VerDate mar 24 2004 04:43 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\K21AP8.008 E21PT1 April 21, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E583 hospital, where he underwent surgery. His in- conclude that operating an elevator is haz- Mr. Speaker, there is no Member of this juries included a head wound and broken ardous to a minor, while operating amusement Congress who is not grateful to our soldiers, bones, in addition to possible broken arms, park rides is not. sailors, marines and airmen. No matter our dislocated shoulders, and multiple internal in- Due to the seasonal nature of the amuse- positions on what the proper U.S. policies juries. ment park business, many teenagers under should be, let there be no doubt that we honor In June 1997, a 17-year-old ride operator at the age of 18 seek summer employment at and appreciate their sacrifices. Celebration Station in Tulsa, Oklahoma was the parks, something that I applaud and en- It is with regret that I voted against the reso- killed while operating a swinging boat ride. courage. Most jobs at the parks have nothing lution presented to this House. I am very dis- The teen fell into the frame of the ride in an to do with hazardous machinery. Teenagers appointed in the Republican leadership of this area underneath the boat while the ride was in can safely fill jobs such as selling tickets, wait- House for bringing forth a resolution under a motion. He was crushed and died within 15 ing on tables, or guiding patrons. But when it closed rule without providing the opportunity minutes. Five children were passengers on the comes to filling a job as safety-critical as the for Democrats to participate in the drafting. ride at the time of the accident. Investigators loading and operation of ride machinery, it is Honoring our troops should always be a from the Oklahoma Department of Labor ruled simply irresponsible to risk the health of the non-partisan effort and should never be used the death accidental, saying that the ride had employee or the park patrons by giving such as a partisan maneuver. not experienced any mechanical failure. a job to a minor. The resolution that came before us could In June 1996, a 16-year-old ride operator at As the amusement park season com- have, and should have, won the backing of Bonkers 19 Amusement Park in Weymouth, mences, I urge my colleagues to cosponsor every Member of the House. A non-partisan Massachusetts started the Mini Himalaya ride this important legislation and to help improve resolution, drafted with input from both sides without notice. A 5-year-old girl’s foot was the safety of our nation’s parks. of the aisle, would have attained unanimous gashed when it was trapped against the ride’s f support, allowing the House of Representa- track. Later that same year, in September, H. RES. 557—COMMEMORATING tives to speak with one resounding voice in during the operation of the same ride by a dif- START OF IRAQ WAR honor of our men and women in uniform. ferent 16-year-old, part of the scalp of an 8- It is not simply the partisan nature of this year-old girl was torn off when her hair be- resolution that caused me to vote against it. If came entangled in the motor powering the HON. TAMMY BALDWIN that were my only concern, my desire to rec- OF WISCONSIN Mini Himalaya. ognize our troops would have been stronger At least nine states have recognized that it IN THE HOUSE OF REPRESENTATIVES than my indignation about the means emis per se hazardous to employ children 17 Wednesday, April 21, 2004 ployed to do so. However, I voted against the years of age or younger as ride operators and Ms. BALDWIN. Mr. Speaker, I rise today to resolution because it is being used to distract have included provisions in their laws to re- honor the men and women in our Armed us from the very real and very important de- strict such employment. Alaska, Connecticut, Forces who have served and continue to bate that we should be having about our Iraq Iowa, Massachusetts, Minnesota, New York, serve in Iraq. Their bravery and dedication is policy and our counter-terrorism policies. Rhode Island, West Virginia, Wisconsin all something all Americans should admire and Mr. Speaker, there is a debate going on have 18-year-old age limits. Some include ex- honor. among the American people about Iraq and emption for ‘‘kiddie rides,’’ but all have adopt- It is not just their martial skill and training the war. The American people are concerned ed state standards that make it the rule, not that proved outstanding during the combat about our intelligence failures, the use of intel- the exception, that minors shall not operate phase of the Iraq campaign, their exceptional ligence, the Administration’s apparent obses- the vast majority of park rides in their states. abilities to begin the rebuilding of Iraq have sion with Iraq, the failure of post-war Iraq plan- In addition, the Walt Disney Corporation has been essential. Our military forces have dem- ning, the cost of the war, the costs of recon- already recognized the wisdom of avoiding onstrated again and again their profes- struction, the long-term demands on our mili- having youngsters placed in charge of the sionalism when faced with incredibly difficult tary and how Iraq affects the war on terrorism. safe operation of their park rides. As a matter challenges. They truly are the best in the This Congress and this Administration has a of park policy, Disney will not allow anyone world. responsibility to answer, or find the answers, younger than 18 years of age to operate a I want to also give special recognition to our to these questions. The American people de- Disney ride. citizen soldiers—the men and women in our serve no less. The Department of Labor has jurisdiction National Guard and Reserves—and their fami- The American people are wondering if we over the safety of child amusement park em- lies. For them to leave their jobs and loved are safer as a result of the war to remove ployees. This legislation would be unneces- ones, in many cases for more than a year, re- Saddam Hussein as ruler of Iraq. This is a dif- sary if the DOL would simply use its existing quires tremendous sacrifice and commitment. ficult question to answer, and to be quite authority to restrict this kind of employment. In the last year, I have been there when many frank, I don’t know. But it is a question that is The Fair Labor Standards Act (FLSA), 29 of our local Wisconsin units have left for de- important to ask. And it should not be dis- U.S.C. Chapter 8, § 212, directs the Secretary ployment and been there when many have fi- missed with an ‘‘of course’’ or the suggestion of Labor to carry out the objectives of the child nally returned home. When they leave, I have that anyone who thinks we may not be safer labor provisions, namely, to prohibit ‘‘oppres- seen their determination to get the job done is unpatriotic or would be happy if Hussein sive child labor.’’ ‘‘Oppressive child labor’’ is combined with great sadness about their sep- were still in power. We must draw an impor- defined by the FLSA, 29 U.S.C. Chapter 8, aration from their families. When they return, tant distinction between the following ques- § 203, as a condition of employment which the I have seen their pride at a job well done and tions: Is Iraq better off? Is Iraq less of a secu- Secretary finds and declares as ‘‘particularly their joy at being reunited with their families. rity threat to the United States? And, is the hazardous for the employment of children be- No country could be better served than we United States safer as a result of the Presi- tween such ages [16 and 18] or detrimental to have by the members of our Guard and Re- dent’s choice to go to war in Iraq. I believe the their health or well-being.’’ serve. answer to the first two questions is yes. How- Under this provision, the Secretary has I also want to pay my respects to the ulti- ever, it is the final question that is by far the issued 17 Hazardous Occupation Orders re- mate sacrifice paid by the 709 military men most important. stricting children from certain hazardous jobs. and women who have died in Iraq and ex- On September 11, 2001, the United States For example, Order 7 declares ‘‘hazardous’’ press my heartfelt condolences to their fami- was attacked by Al Qaeda, an international the operation of most power-driven hoisting lies. Each one of them is a hero. All Ameri- terrorist group that was then based in Afghani- apparatus, including nonautomatic elevators cans owe them a debt of gratitude that can stan with the support of the Taliban regime. exceeding one ton, 29 CFR § 570.58. Most never be repaid but must always be remem- Military action against Al Qaeda and the people would agree that an amusement park bered. Taliban was widely supported by Americans, ride has all the characteristics of a ‘‘power- We also owe a great debt to the more than including me, to hunt down the perpetrators of driven hoist’’ that lead to its designation as 3,200 who have been wounded in Iraq. Med- 9–11 and eliminate their ability to operate in ‘‘hazardous’’—with the exception of the people ical advances and improved safety equipment Afghanistan. We were joined by numerous at the DOL. With the support of the industry, have meant fewer deaths, but many are sur- countries who understood that the fight the DOL has helpfully issued guidance to the viving with serious injuries. We must fulfill our against Al Qaeda was their fight too. The ini- public that specifically carves out amusement commitment to caring for them, ensuring that tial phases of that campaign were successful parks rides from this ‘‘hazardous’’ designation. our veterans health care system can meet in shutting down their training camps, cap- It is difficult to understand how the DOL could their needs. turing or killing many of their members and

VerDate mar 24 2004 04:43 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A21AP8.040 E21PT1 E584 CONGRESSIONAL RECORD — Extensions of Remarks April 21, 2004 deposing the Taliban. Like in Iraq, our military NATIONAL PRIMARY IMMUNE DE- An anniversary like this is often filled with men and women performed exceptionally well. FICIENCY DISEASES AWARENESS mixed messages of hope and sorrow, pain But the victory in Afghanistan is not com- WEEK and promise. While these words contradict each other on paper, they live together in our plete. Just last month, we launched, with Paki- HON. SHERWOOD BOEHLERT hearts and minds on a day like today. stan, another military initiative to find addi- The emotions of sorrow and pain are easy OF NEW YORK tional Al Qaeda forces hiding out in the moun- to feel. By the time World War lI was finished, IN THE HOUSE OF REPRESENTATIVES tains of eastern Afghanistan and western Paki- 6 million Jews died for no reason. Countless stan. Security in Afghanistan is largely absent Wednesday, April 21, 2004 families had been torn apart, Europe was vir- outside of Kabul and traditional tribal leaders Mr. BOEHLERT. Mr. Speaker, I rise today tually demolished, and the horrors of the Nazi and warlords have real control over most of to ask my colleagues to join me in recognizing regime were scarred into the minds of the en- the country. Scheduled elections may need to the week of April 19th as National Primary Im- tire civilized world. Looking at this tragedy, it be postponed because of the inability of the mune Deficiency Diseases Awareness Week. is easy to see only bad things. It is easy to international community to register voters in Primary immune deficiency diseases (PIDD) view the worst in people. the countryside due to lack of security. Opium are genetic disorders in which part of the But, it was difficult, impossible in fact, to production is reaching record new levels. Our body’s immune system is missing or does not stop the world from denouncing these atroc- job in Afghanistan is clearly not done. function properly. The World Health Organiza- ities, and saying, ‘‘Never Again.’’ Human-kind Our national security officials cannot focus tion recognizes more than 150 primary im- had the hope and promise to try to make this on an infinite number of problems at once. mune diseases, which affect as many as world better—to try to make this world more There are only so many hours a day for the 50,000 people in the United States. understanding and open. The world has come a long way since the National Security Advisor, Secretary of State, I am familiar with primary immune defi- darkness of the 30’s and 40’s. In the almost Secretary of Defense and other top officials to ciencies because of a family in my district, the Driscolls. Kerstin and Dean Driscoll are from 60 years since the Holocaust ended, we have do their work. They can’t focus on everything become a more open and understanding soci- and must make choices. There can be no Greene, NY and have two sons who were born with an extremely rare PIDD called X- ety. But, our quest for a better world is con- doubt that Iraq required an incredible amount stantly battling hate, discrimination and anti- of time and resources in order to succeed. Linked Agammaglobulinemia, or XLA. Zack, 11, and Alex, 9, are confronting XLA head on. Semitism. What is the opportunity cost? I fear that part XLA is a genetic disorder that prevents pro- We all know the violence that is carried out of the reason for the slow progress in Afghani- duction of B-cell antibodies that fight infection. by those who hate. But, I also know that if our stan is the result of diversion of resources and When Zack was 3 years old and Alex only 9 ancestors could get through World War II and attention to the invasion and reconstruction of months, they suffered chronic ear and sinus the Holocaust, we can survive our own battle Iraq. infections. Their recurring illnesses remained a against hate and terror, and make the world The commitment of time, money and re- mystery to their parents and doctors, until safer for our children. sources to Iraq has also impacted our home- tests were done to confirm that the boys had Mr. Speaker, Yom Hashoah serves as a memorial to those who both survived and lost land security. The war, occupation and recon- primary immune deficiency diseases. their lives from the Holocaust. Let it also be a struction costs in Iraq are likely to exceed Soon after their diagnosis, Zack and Alex day to reaffirm our commitment to the values $250 billion. That is a huge expenditure. By were treated with an immune globulin infusion that won . . . love, honor and respect. focusing our scarce resources during an eco- (IGIV), which is prepared from the plasma of nomic downturn on Iraq, much less has been many blood donors, to support their immune f available to fund our first responders and pro- systems. Zack and Alex receive their IGIV in- PAYING TRIBUTE TO PFC. CHANCE tect our country. fusions once every 3 weeks and the infusion PHELPS takes approximately 4 hours. A recent independent review of our home- Zack and Alex are lucky because their pri- HON. SCOTT McINNIS land security efforts by the Century Founda- mary immune deficiency disease was diag- tion found major deficiencies. Their Homeland OF COLORADO nosed early. However, despite the recent IN THE HOUSE OF REPRESENTATIVES Security Report Card clearly indicates that a progress in PIDD research, the average length safer America will require significant improve- of time between the onset of symptoms in a Wednesday, April 21, 2004 ments by the Department of Homeland Secu- patient and a definitive diagnosis of PIDD is Mr. MCINNIS. Mr. Speaker, it is with a rity. While there have been successes in pas- 9.2 years. In the interim, those afflicted may heavy heart that I rise to pay tribute to the life senger screening, the air marshall program suffer irreversible damage to internal organs. and memory of Private First Class Chance and infrastructure analysis, this report high- That is why it is critical that we raise aware- Phelps, who honorably devoted his life to de- lights serious and disturbing shortcomings that ness about these illnesses. fending the freedoms of our nation. A member leave Americans vulnerable. Protecting private Mr. Speaker, the Driscolls face their sons’ of the 3rd Battalion, 11th Marine Regiment, planes, securing air cargo, providing funding PIDD head on, by becoming active with the 1st Marine Division, Chance was recently for first responders, and better immigration Immune Deficiency Foundation. Therefore, I killed while defending the freedoms of the Iraqi oversight are critical to our security. It is dis- commend the Immune Deficiency Foundation people in Ramadi, outside of Baghdad. His appointing to find that, according to the Cen- for its leadership in this area and I am proud story is one of honor, selflessness and sac- tury Foundation’s report, in these areas we to join them in recognizing the week of April rifice. As we mourn the loss of an American may be worse off than before September 11. 19th as National Primary Immune Deficiency patriot, I think it is appropriate to call the attention of this body of Congress, and our nation, Mr. Speaker, this Congress needs to stop Diseases Awareness Week. I encourage my to the sacrifice that Chance made on behalf of focusing on rhetoric about Iraq and begin to colleagues to work with us to help improve the quality of life for PIDD patients and their fami- a grateful nation. focus on the facts. We need to spend less A tall and athletic nineteen-year-old, Chance time trying to portray loyal Americans as soft lies. f attended Moffat County and Palisade high on terrorism because they raise questions and schools where he was known for his fun-loving want to debate the most effective ways to pre- COMMEMORATING HOLOCAUST nature and being an avid outdoorsman. He vent terrorism and protect Americans. A full REMEMBRANCE DAY came from a family with a rich military tradi- and healthy national debate, in Congress and tion, his father John being a Vietnam veteran, around the country, will not weaken our re- HON. MARTIN FROST and his sister Kelley working at the Pentagon. solve, it will strengthen us. Building a con- OF TEXAS After the terrorist bombings of 9–11, Chance sensus policy to combat terrorism will allow us IN THE HOUSE OF REPRESENTATIVES knew that he had to do something for his na- to move forward united. A consensus policy tion, and resolved to join the Marines. As a Wednesday, April 21, 2004 will reduce friction about dedication of re- dedicated member of our armed forces and as sources and will allow us to sustain a con- Mr. FROST. Mr. Speaker, I rise today to a patriot, he answered the call of duty, em- sistent policy for the duration of our fight commemorate Yom Hashoah, Holocaust Mar- barking on a journey to defend freedom and against terrorism. That is the debate we tyrs’ and Heroes’ Remembrance Day, and pay independence. should have had. That is the debate our coun- my respects to the innocent people who died Mr. Speaker, Private First Class Chance try needs to have. at the brutal hand of the Holocaust. Phelps will be sorely missed, and although we

VerDate mar 24 2004 04:43 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A21AP8.043 E21PT1 April 21, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E585 will grieve over the loss of this incredible indi- Rabbi Raiskin, who knew Barry’s father, was tarian state in the Western Hemisphere. vidual, we can take comfort knowing his sac- so impressed with the eighteen year old Barry Though Venezuela has been moving steadily rifice was made while fulfilling his dream of that he called Barry’s father to request that towards a dictatorship, we must not allow the serving our nation. I would like to extend my Barry audition to be the cantor at Peninsula slow pace of repression to shield us from the heartfelt respects to his family and friends as Temple Shalom. Since that fateful day, thirty- reality of a Chavez regime with tyrannical in- they mourn his passing. It is my honor to pay six years ago, Barry Reich has been the Can- tent. tribute to the life of Chance Phelps before this tor of Peninsula Temple Shalom and has be- Today and everyday we must extend our body of Congress and this nation. come part of the fabric of the synagogue. By solidarity to the freedom loving people in Ven- f his own estimates he has prepared over 1500 ezuela. We must bring an international spot- youth for their Bar or Bat Mitzvah with his light and coordinated pressure on the recall A TRIBUTE TO CANTOR BARRY trademark passion and innovative approach to process and Chavez’ delaying tactics. It is my REICH music and education. belief that the longer the international commu- Mr. Speaker, Cantor Barry Reich has nity passively observes the erosion of rights in HON. TOM LANTOS poured his heart into to his cantorial work and Venezuela, the more probable dictatorship be- OF CALIFORNIA has generously shared his talents with many, comes. We cannot practice the politics of ap- IN THE HOUSE OF REPRESENTATIVES passing on his passion of music onto numer- peasement in Venezuela. We must practice the politics of solidarity and put pressure on Wednesday, April 21, 2004 ous persons. He is most deserving of this tribute and our praise, and I urge all of my col- the regime to ratify the recall signatures before Mr. LANTOS. Mr. Speaker, I am delighted leagues to join me in honoring a great man, the regime runs out the clock and retains two to honor and pay tribute to Barry Reich, the an excellent musician, and an extraordinary more years to wrap the rope of dictatorship Cantor at Peninsula Temple Shalom of Bur- Cantor. around the necks of all Venezuelans. lingame, California, located in my Congres- f f sional District. Cantor Reich, who received his Hazzan Minister Commission in 1979 from the THE DANGER OF THE CHAVEZ RE- HOLOCAUST REMEMBRANCE DAY Cantor’s Assembly of the Jewish Theological GIME TO HUMAN RIGHTS AND Seminary, is not merely a Cantor, but a multi- HEMISPHERIC PEACE HON. CAROLYN B. MALONEY talented musician who has used his talents to OF NEW YORK affect the lives of thousands of people. HON. LINCOLN DIAZ-BALART IN THE HOUSE OF REPRESENTATIVES Cantor Barry Reich was born in 1948 in the OF FLORIDA Wednesday, April 21, 2004 Boyle Heights neighborhood of Los Angeles, IN THE HOUSE OF REPRESENTATIVES Mrs. MALONEY. Mr. Speaker, I rise today California, where he came from a long line of Wednesday, April 21, 2004 to honor the memory of the more than six mil- cantors. His father was a renowned cantor, lion Jews who died in the Holocaust. Among and at the time of Barry’s birth was the Cantor Mr. LINCOLN DIAZ-BALART of Florida. Mr. those that were killed were women and men, at the legendary Breed Street Synagogue. As Speaker, I rise today to speak about the dete- adults and children, young and old. They were one would imagine, Barry was immersed in rioration of democratic institutions in Ven- killed not for committing heinous crimes, but world of music and religion as cantorial music ezuela under Hugo Chavez and the need for because of their religion. The Nazis seized from record players and music books could be immediate international action. their homes and murdered them in the gas heard and seen throughout the Reich home. Under Hugo Chavez, Venezuela is becom- chambers of Treblinka and Auschwitz- From a very young age it was obvious that ing a cancer in the Americas. As Chavez Birkenau. Those who were not killed were Barry possessed extraordinary talents. In fact, seeks closer ties with the tyrant Castro, and worked until their bodies could no longer with- Mr. Speaker, at the young age of five, Barry other totalitarian regimes, the rule of law in stand the torture. Today, we remember all that sang a solo during the High Holiday service of Venezuela is eroding, human rights abuses they accomplished and the potential that re- Slichot with such mastery that when he was are on the rise, and ties with terrorists are mains unfulfilled. We also remember those finished the entire congregation congratulated continuing. whose lives were forever changed as a result him. This wonderful performance had the unin- The community of nations can no longer re- of the Holocaust. tended consequence of Barry upstaging his main impassive as freedom loving Ven- If you read towards the end of Jewish pray- celebrated father, who had to wait out the ho- ezuelans are trampled on by the Chavez reer services, you will find the Mourner’s Kad- sannas before he could continue the service gime. At this moment in time, the countries of dish. Although the Mourner’s Kaddish does which was supposed to begin immediately the Western Hemisphere must take a stand not speak of death, it has been interpreted to afterwards. Another indicator of his magnifi- for freedom, and support the immediate ap- talk about the greatness of God and the desire cent musical talents was shown when Barry, proval of the recall referendum on the tenure for peace: peace between nations, peace be- then only 8 years old, joined the Breed Street of Chavez. tween individuals, and peace of mind. Synagogue Choir as its youngest member. He Why is immediate international action need- Unfortunately, the world in which we live is was aided by the fact that his father, the Can- ed? Under the OAS agreement of May 2003, not one of peace. Every day, many Jews tor was in desperate need for a soprano vo- the recall referendum must occur before Au- around the world face the injustice of anti- calist and Barry was a wonderful soprano. gust 19, 2004 if the Chavez regime is to be Semitism. Spurred on by propaganda and re- When the Reich family moved to Florida removed from office before January 2007. If gimes that seek no less than the destruction when Cantor Reich was offered an important the referendum is held after August 19, 2004, of the Jewish people, anti-Semitism is gaining position at Temple Emanuel of Miami Beach, and Chavez is removed from office by the support around the globe. As we continue with Barry continued his musical education on the Venezuelan people, then his appointed Vice- the war on terror, let us remember those who East coast where he attended the Frost Con- President would serve the remainder of his have died and those who continue to be per- servatory of Music. It was in Florida that Barry term. The Chavez regime will then have been secuted just because of their religion. met Harry Volpe, a widely renowned guitarist, removed from office but allowed to retain On this day, Yom Hashoah, we remember who Barry credits with being the single biggest power. This would be a tragedy for the Ven- the more than six million Jews who died in the influence on his musical direction. ezuelan people. Holocaust and in the tradition of the Mourner’s By the time Barry was ready to attend high If the referendum is held before August 19, Kaddish, work for peace among nations, school his family, which had expanded to in- 2004, and Chavez is ousted by the Ven- among individuals, and for peace of mind. clude his brother Brian, had returned to Los ezuelan people, then there will be a special f Angeles. After graduating from Lincoln High election 30 days later to elect a new Presi- TRIBUTE TO LT. COL. WAYNE School, Barry Reich went on to study at the dent. Under the OAS agreement of May 2003, POTTER, VOLUNTEER San Francisco Conservatory of Music and San after the recall is certified and approved, the Francisco State College, where he earned his recall referendum must be held within the next HON. SOLOMON P. ORTIZ Bachelor of Music Degree. 97 days. If Chavez is to be held accountable OF TEXAS Mr. Speaker, it was while he was in college to the democratic will of Venezuela, then the IN THE HOUSE OF REPRESENTATIVES that Cantor Reich’s future employer, Peninsula recall must be approved by the second week Temple Shalom’s Rabbi Gerald Raiskin first of May. Wednesday, April 21, 2004 heard Barry Reich. When the then future can- The community of democracies must not Mr. ORTIZ. Mr. Speaker, I rise today to pay tor was performing at an Israel Bonds rally. allow Venezuela to become the next totali- tribute to a man who selflessly dedicated his

VerDate mar 24 2004 04:43 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\K21AP8.009 E21PT1 E586 CONGRESSIONAL RECORD — Extensions of Remarks April 21, 2004 life to aid those who need it most. Wayne Pot- helped shepherd teachers and principals their families and I am heartened that we have ter of Harlingen was a man who went to great through the No Child Left Behind reforms. improved Reserve component benefits in sev- lengths to improve the community. When my constituents called and wrote with eral areas. Unfortunately, education benefit He took the time to volunteer. Even when questions about our nation’s education prior- shortfalls for reservists have not drawn the at- his health was failing, he still found the time ities and how our policies would impact Mis- tention they should, as one benefit that has and energy to keep up with what was so im- sissippi, Jason was always ready to discuss been left behind is the Reserve Montgomery portant to him: his mission of volunteering. His their concerns and answer their questions. GI Bill. life was an example we should all aspire to Jason worked many hours with me on the When the modern Montgomery GI Bill was emulate. Energy and Commerce Committee as we established in 1985, Guard and Reserve GI Mr. Potter aided those patients who are crafted the landmark Medicare Act of 2003 Bill benefits were set at 47 percent of active mentally ill. He also served as volunteer board that provided a prescription drug benefit to duty benefits. For every $100 that an active member of the Family Crisis Center, the Pub- America’s seniors. He was there as we intro- duty servicemember or veteran received in GI lic Library, the Retired Teachers Association duced our provisions early in the process that Bill benefits, a Reservist would get $47. This and the Rio Grande Valley Museum. addressed the needs of Mississippi’s rural ratio continued until the late 1990s, when Con- As a public official he was Harlingen City health providers to treat seniors who could gress improved the active duty Montgomery Commissioner and served a term as Mayor otherwise not seek medical care. He was GI Bill through large increases. Our active Pro Tem. His presence and his energy in the there while we built a self-injectible pilot pro- duty servicemembers have more than earned community have been sorely missed since we gram to reduce the costs to the Medicare sys- this improved educational benefit, but no simi- lost him last year. tem by expanding choice for seniors with af- lar major increases have been made for the Wayne Potter was a philanthropist for his flictions like arthritis. He was even there that Reserve program. country, his fellow teachers, neighbors and night when we finally passed the Medicare As a result, Reserve MGIB benefits have friends. As a math and science teacher, Mr. Act. I walked out of the Capitol that morning slipped to 29 percent of active duty GI Bill Potter ensured children’s concerns were not with Jason as the sun rose on a new day for benefits. This is simply unacceptable and with overlooked; he served as a mentor and coun- American seniors. over 350,000 Guard and Reserve members selor to them in their time of need. During War Quitman—Jason’s hometown in Clarke having been mobilized in the last 2 years, and World II when his country was in need, he en- County, Mississippi—should be proud of him. many thousands more scheduled for deploy- listed in the United States Air Force, attaining He graduated from Quitman High School and ment to Afghanistan and Iraq, it is well past the rank of Lt. Colonel. then after earning a Bachelor of Science in time to fix this problem. We must not leave Mr. Potter’s service and volunteer efforts are Political Science at Mississippi State Univer- our citizen-soldiers behind as they go into greatly missed in The Rio Grande State Cen- sity, he came to Washington DC and made an harm’s way to fight the Global War on Ter- ter. Since the center opened its doors, Mr. impact not only on his family and friends back rorism. Helping them transition back to civilian Potter volunteered his time and served as an home, but on Americans across the nation. He life by improving their educational benefits will officer of the organization. By the time of his learned the intricacies of policy and politics be one important way we can help. passing, he had given 20,000 hours of his per- and added to his education a Masters in Pub- Today, I am introducing legislation, along sonal time to others. Mr. Potter leaves a leg- lic Policy from The George Washington Uni- with Mr. MCINTYRE of North Carolina, which acy we all admired; as the Good Book says: versity. will increase the Reserve GI Bill to 50 percent ‘‘It is better to give than to receive.’’ That’s As Jason moves into the private sector, our of the Montgomery GI Bill over a 5-year period how Wayne Potter lived his life. office will miss his experience, knowledge, and and then keep it linked to the Montgomery GI Mr. Speaker, the volunteering community of skills, but I know he will continue to work for Bill at the 50 percent rate. This bill, the South Texas will honor Mr. Potter’s memory smart, positive policy that will benefit our na- LoBiondo-McIntyre Reserve GI Bill Improve- and lifetime of service by naming the 55-bed tion. ments Act of 2004, would also authorize Re- mental health unit at the Rio Grande State Jason Dedwylder left a formative mark on servists who serve on active duty for 24 Center the ‘‘Wayne Potter Memorial Building.’’ the shape and operation of my office. We will months during a 5-year period to qualify for His volunteering efforts will now live on not forget his good nature and considerate benefits under the Montgomery GI Bill pro- through his name on the Center, which was so dedication to his work. I thank him for his gram, which is now open to only active duty important to him, and his spirit of generosity. service to this office and to Mississippi. personnel. This is a fiscally responsible way to I ask my colleagues to join me today in make an achievable increase in educational f commending the life and service of Mr. Wayne benefits for the Reserve component. Potter, and in paying tribute to this great ex- INTRODUCTION OF A BILL TO The 253rd Transportation Company out of ample of a man whose efforts and dedication MAKE IMPROVEMENTS TO THE Cape May Court House, New Jersey, in my made a difference in his community, with his RESERVE G.I. BILL district has just returned from over a year in students, and in the lives of those less fortu- Iraq as part of Operation Iraqi Freedom. We nate than most of us. HON. FRANK A. LoBIONDO are very proud of the 253rd and the great con- f OF NEW JERSEY tributions they have made to the Global War on Terrorism. I dedicate this legislation to all HONORING JASON DEDWYLDER IN THE HOUSE OF REPRESENTATIVES the National Guardsmen and Reservists from Wednesday, April 21, 2004 the Second District of New Jersey and to the HON. CHARLES W. ‘‘CHIP’’ PICKERING Mr. LOBIONDO. Mr. Speaker, as the largest thousands of other Reserve component sol- OF MISSISSIPPI mobilization of National Guard and Reserve diers, sailors, airman, Marines, and Coast IN THE HOUSE OF REPRESENTATIVES troops since World War II continues, the high Guardsmen who secure our freedom through Wednesday, April 21, 2004 operations tempo is undoubtedly taking a toll their dedicated service to our nation. Mr. PICKERING. Mr. Speaker, a dedicated on members and their families. Through I strongly urge my colleagues to support this member of my staff has moved on to another March of 2004, 363,000 reservists have been legislation. phase of his career here in Washington DC, mobilized in support of Operation Enduring f but I would like to take a moment to honor his Freedom and Operation Iraqi Freedom. This FREEDOM FOR PEDRO ARGU¨ ELLES service to my office and to the people of my new operations tempo reality for the Reserve MORA´ N district in Mississippi. components has altered perceptions of what it It was the Summer of 1998 when Jason means to serve as a Reservist or National Dedwylder first joined my team as an intern. Guardsman, while raising serious questions HON. LINCOLN DIAZ-BALART OF FLORIDA Showing hard work, the will to learn and initia- about how Reserve members are com- IN THE HOUSE OF REPRESENTATIVES tive, he came back to my staff in the Fall of pensated in terms of benefits. If the nation is 2000 to serve first as a Legislative Cor- to rely on the Reserves to assume a similar Wednesday, April 21, 2004 respondent and then my Legislative Assistant. role to our active duty troops in military oper- Mr. LINCOLN DIAZ-BALART of Florida. Mr. He worked on many issues in my office, but ations, then it is essential that Reserve com- Speaker I rise today to speak about Pedro I am especially proud of the work he did in pensation and benefits adequately reflect that Arguëlles Morań, a prisoner of conscience in education and health care. new role. totalitarian Cuba. He assisted schools and Head Start centers Congress has become increasingly sensitive Mr. Arguëlles Morań is a member of the Co- in my district secure greater funding. He to the needs of these servicemembers and operative of Independent Journalists and the

VerDate mar 24 2004 04:43 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A21AP8.049 E21PT1 April 21, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E587 Cuban Committee for Human Rights. He is an Despite the hardships and trauma caused Under the Annan plan, for the first 19 years independent journalist who has contributed to by the ongoing Turkish occupation, Cyprus or until Turkey’s accession to the EU, the CubaPress, Cuba Free Press and Nueva has registered remarkable economic growth, number of Greek Cypriots who wish to perma- Prensa, all publications who seek to expose and the people living in the Government-con- nently live in the Turkish Cypriot Constituent the nightmarish reality imposed by the totali- trolled areas enjoy one of the world’s highest State (TCCS) will not be able to exceed 18 tarian regime. standards of living. Sadly, the people living in percent of its total population. After that time, Because Mr. Arguëlles Mora¨n fought to ex- the occupied area continue to be mired in pov- their number will be permanently restricted to pose the truth about the ruthless dictator’s pol- erty. not more than 33.3 percent of the total popu- itics of fear and repression, he has been con- Last month, 46 members of the Hellenic lation. Because the Greek Cypriots who will be stantly harassed by Castro’s thugs since 1997. Caucus joined in a letter to Secretary of State permanently living in the TCCS will have its in- According to Amnesty International, the har- Colin Powell and UN Secretary General Kofi ternal citizenship status, they will not have the assment Mr. Arguëlles Morań has endured in- Annan to express their hope that any agree- right to participate in the elections for its 24 cludes threats, warnings, and detentions in the ment to reunify Cyprus would explicitly recog- representatives in the federal Senate. There- totalitarian gulag. On January 15, 1999 he nize, among other provisions, property rights, fore, the plan establishes a system based on was summoned to appear before a chief of the demilitarization of Cyprus, the establish- permanent ethnic division, while denying fun- the so-called Revolutionary National Police ment of the legal obligations of the guarantor damental democratic rights to a segment of where Mr. Arguëlles Morań was found to be a powers (Turkey, Greece and the United King- the population. ‘‘danger’’ because he didn’t work for a state dom), and the presence of United Nations Finally, according to the Annan plan, the enterprise. On January 27, 1999 he was troops throughout a transitional period. one third of the compensation to legal owners locked up for two days to prevent him from I also led a delegation of members of the (Greek Cypriot refugees), who will be losing covering the birthday celebrations of Jose Hellenic Caucus to meet with Secretary Gen- their properties, shall be guaranteed by the Marti on January 28. eral Kofi Annan to discuss the negotiations re- Federal State. Because the Federal State’s On March 20, 2003, as part of the totali- garding the reunification of Cyprus before it sources will derive from Greek Cypriots by tarian regime’s ruthless crackdown on pro- enters the European Union on May 1st. We nine tenths and only by one tenth from Turkish democracy activists, Mr. Arguëlles Morań was expressed our support for the Secretary Gen- Cypriots, the Greek Cypriots will be compen- arrested and, after a sham trial, sentenced to eral’s leadership in bringing the parties to the sating their own loss of property. Therefore, 20 years in the totalitarian gulag. According to bargaining table, but expressed concerns re- instead of Turkey, they will be paying for the CubaNet, Mr. Arguëlles Morań has been con- garding some of the issues that remained results of the Turkish invasion of 1974. fined in a security cell with inmates held for open: property rights, governance, free move- It is clear that divisions among people cre- common crimes who are mistreating him. He ment between Greek and Turkish areas of the ate harmful, destructive environments. I am also reportedly has kidney problems. Let there island, and the pace of demilitarization of the disappointed that more progress was not be no doubt, Mr. Arguëlles Morań has been island. made on these issues prior to the completion ‘‘sentenced’’ to 20 years in Castro’s violent, in- We stressed the importance of having a of the final plan. No matter what the Greek humane totalitarian gulag because he believes central government that has the ability to Cypriots decide on April 24, I will continue to in, and wrote about, freedom, democracy, and make decisions, and we expressed concern support them in every way possible. about limitations on the ability of Cypriots to human rights for the people of Cuba. f Mr. Speaker, Mr. Arguëlles Morań is lan- travel unimpeded to all areas of the island. guishing in the deplorable, inhuman conditions Unfortunately, the negotiators were unable COMMENDING LOPEZ LOBOS, of Castro’s totalitarian gulag, simply because to reach a consensus, and Secretary General TEXAS CLASS 4A STATE SOCCER he wrote the truth about the tyrant’s repressive Annan was forced to step in to fill in the re- CHAMPIONS regime. My Colleagues, we must demand the maining gaps in the settlement. This final plan immediate release of Pedro Arguëlles Morań will now be voted on in two separate HON. SOLOMON P. ORTIZ and every prisoner of conscience in totalitarian referenda by both the Greek Cypriots and the OF TEXAS Cuba. Turkish Cypriots on Saturday, April 24. IN THE HOUSE OF REPRESENTATIVES The Greek Cypriots, who have worked con- f Wednesday, April 21, 2004 tinuously to end the forcible division of the is- REGARDING THE PROPOSED PLAN land through a viable and lasting settlement, Mr. ORTIZ. Mr. Speaker, I rise today to TO REUNIFY CYPRUS have several valid and important concerns commend the Brownsville, Texas, Lopez High with this final plan, which may lead them to re- School Lobos for their victory last weekend at HON. CAROLYN B. MALONEY ject it. the Class 4A State soccer championship, win- OF NEW YORK First, the Annan plan allows the indefinite ning the game 2–1 and finishing their season IN THE HOUSE OF REPRESENTATIVES presence of Turkish troops in Cyprus with a at 25–4–1. gradual decrease to 650 troops over a period No team is greater than the student body Wednesday, April 21, 2004 of 14 years. The presence of these troops will and parents who support them, and that was Mrs. MALONEY. Mr. Speaker, as co-chair of prevent the full and genuine independence of Lopez’ not-so-secret weapon. Over two-thirds the Congressional Caucus on Hellenic Issues, Cyprus. of the crowd was there to support the Lobos, I rise to express my deep concerns with the Next, while the plan allows the guarantor and their chants of ‘‘Si se puede’’ (we can do final Annan plan to reunify Cyprus which will powers (Turkey, Greece, UK) to intervene uni- it) inspired this victory. be voted on by both the Greek Cypriots and laterally to preserve the ‘‘constitutional order’’ Lopez High School brought home to the Turkish Cypriots on Saturday. of the United Cyprus Republic and its con- Brownsville the first championship title in UIL I am very fortunate and privileged to rep- stituent states, it neglects to clarify that the soccer. To find Brownsville teams that won resent Astoria, Queens—one of the largest Treaty of Guarantee does not empower mili- State titles, you have to go back to 1985 and and most vibrant communities of Greek and tary intervention. This omission is troubling es- 1967 (both were cross country champion- Cypriot Americans in this country. It is truly pecially because Turkey believes that it still ships). one of my greatest pleasures as a Member of has the right to intervene militarily in Cyprus. Lopez won seven playoff games for the right Congress to participate in the life of this com- Previous UN Security Council resolutions to compete for the State championship. Awful munity, and the wonderful Cypriot friends that called for the withdrawal of all settlers from weather even played a part in the tournament. I have come to know are one of its greatest Cyprus that were brought from Turkey after The title match was originally scheduled for rewards. 1974, since the colonization of occupied terri- the week before, but heavy rain and lightning Along with these friends, I have been moni- tories is a crime under international law. The postponed the championship game to another toring the negotiations to reunify Cyprus very final plan provides that 45,000 of the settlers site and another time. closely during the past few months. On July will automatically become citizens of the As any athlete can tell you, the rhythm of 20, 1974, Turkey invaded Cyprus, and to this United Cyprus Republic. It also allows a large your game is a large part of the overall effort, day continues to maintain an estimated 35,000 number of additional settlers to remain in Cy- and being mentally prepared for a game on a heavily armed troops. Nearly 200,000 Greek prus as permanent residents and after four certain date—then having to postpone the Cypriots, who fell victim to a policy of ethnic years to apply for Cypriot citizenship. As a re- game—can play havoc on your rhythm. But cleansing, were forcibly evicted from their sult, the vast majority of approximately not for these young athletes; for them it did homes and became refugees in their own 115,000 Turkish settlers, who are now illegally not matter that their shot at the title was post- country. in Cyprus, could stay in Cyprus. poned for a week. They redoubled their efforts

VerDate mar 24 2004 04:43 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A21AP8.052 E21PT1 E588 CONGRESSIONAL RECORD — Extensions of Remarks April 21, 2004 and practice . . . and played with purpose, In addition to being named the SEC Player Czechoslovakia and condemnation of the endurance and confidence. of the Year, Roberts is the first Associated crushing of ‘‘Prague Spring.’’ For their noble Lopez High School Principal Maggie Gutier- Press All-American First Team selection from efforts, they were arrested by the KGB, tried, rez summed up the lessons for the team to a Mississippi Division I school since fellow and convicted of ‘‘slander’’ against the Soviet learn in this sweet victory. ‘‘This team has a Bulldog Bailey Howell in 1958–59. In addition Union. Bogoraz was sentenced to 4 years of spirit of never giving up no matter what,’’ she to earning a slot on the gold standard of internal exile in the Irkutsk region of eastern said. ‘‘Lopez Lobos are born to succeed, and postseason teams, Roberts has also garnered Siberia, where she worked in a wood-proc- no one else will tell them any different.’’ These first-team all-America recognition this season essing factory. In a show of solidarity and re- athletes learned an important lesson in this by both the National Association of Basketball spect for her, Larisa’s dissident friends com- championship: They are absolutely capable of Coaches (NABC) and United States Basket- bined their resources and bought her a house doing great things; my prayer is that their ball Writers Association (USBWA). to live in while she served her exile term. imaginations will be their only limits in this He adds first-team national honors by the When she completed her sentence, she sold world. Sports Illustrated.com and College Insider.com the house and gave the proceeds to a fund for I offer my proud congratulations to each Web sites as well as by the Adolph F. Rupp political prisoners. member of the team, to the coaches and their Award committee. Roberts has also collected By 1976, she was back in Moscow actively assistants, to the parents who must endure second-team all-America accolades by the involved in the compilation of the ‘‘samizdat’’ the practices and the injuries, and to the prin- Basketball Times publication and ESPN.com. publication ‘‘Memory’’ dedicated to chronicling cipal and teachers who set the example of Roberts has been named a top five finalist the repressions of the Stalin era. combining education and athletics. Mostly, I for the 28th Annual John R. Wooden Award Meanwhile, personal tragedy struck. Lansa’s want these young people to understand that along with Stanford’s Josh Childress, Chris second husband, Moscow Helsinki Group they won far more than the respect that Duhon of Duke, Jameer Nelson of Saint Jo- member and political prisoner Anatoly comes with a championship . . . they now seph’s, and Connecticut’s Emeka Okafor. Marchenko, died of a hunger strike in know that dreams can come true. Roberts becomes Mississippi State’s first-ever Chistopol Prison in December 1986. The Hel- Mr. Speaker, I ask my colleagues to join me Wooden Award All-American, which dates sinki Commission, which I am proud to chair, in offering our best wishes to the Lopez High back to the 1976–77 hoops campaign. had raised the Marchenko case on several oc- School Lobos for their hard-fought and well- Bulldog fans will wait till mid-June to see casions, and the late Warren Christopher, our deserved victory at the Texas Class 4A State whether Roberts will return for his senior year head of delegation at the CSCE meeting in Vi- soccer championship. or enter the NBA draft. This young man has enna, led a moment of silence in memory of f time to make that decision and consider his Mr. Marchenko. The Soviet and East German opportunities, but fans in Mississippi will be delegations walked out in protest, but a few RECOGNITION OF LAWRENCE watching him either way, either on the colle- weeks later Dr. Andrei Sakharov was released ROBERTS giate court or in the professional arena. from his Gorky exile, and in February 1987 f General Secretary Gorbachev initiated the HON. CHARLES W. ‘‘CHIP’’ PICKERING wholesale release of Soviet political prisoners. OF MISSISSIPPI THE PASSING OF LARISA After the fall of the Soviet Union, Larisa BOGORAZ IN THE HOUSE OF REPRESENTATIVES Bogoraz continued her involvement in human Wednesday, April 21, 2004 rights activity, working with her colleagues HON. CHRISTOPHER H. SMITH from days past as well as a new generation of Mr. PICKERING. Mr. Speaker, I would like OF NEW JERSEY activists from Russia and the newly inde- to salute a student at Mississippi State Univer- IN THE HOUSE OF REPRESENTATIVES pendent countries of the former Soviet Union. sity who has demonstrated athletic excellence Wednesday, April 21, 2004 Mr. Speaker, in its eulogy to this dissident this year and distinguished himself in the heroine, the Ryazan Memorial Society writes, ranks of college basketball not only in my Mr. SMITH of New Jersey. Mr. Speaker, on ‘‘. . . texts that were signed ‘L. Bogoraz still state, but across the country. April 6 of this year, one of the true giants of remain,’ and our children will learn from Mississippi State’s SEC Player of the Year, the Soviet and Russian human rights move- them.’’ Lawrence Roberts, is the first Bulldog player ments, Larisa Bogoraz, passed away. So might we all. since Rickey Brown (1979–80) to average a Born in eastern Ukraine, Larisa Iosifnova f double-double for an entire season. Roberts Bogoraz was by profession a linguist. In 1950, completed the 2003–04 campaign as the she married the writer Yuli Daniel who, to- TRIBUTE TO DR. JOHN S. BURD, SEC’s No. 7 scorer (16.9 points per game) gether with Andrei Sinyavsky, was subse- PRESIDENT, BRENAU UNIVERSITY and second-leading rebounder (10.1 rebounds quently arrested by Soviet authorities in 1965 per game). Roberts also finished the year for publishing their stories abroad. This trial, HON. NATHAN DEAL ranked fifth in the league in field-goal percent- marking the first prosecution of Soviet writers OF GEORGIA age (51.9%). With an SEC-leading 16 double- for their literary activities since the time of Sta- IN THE HOUSE OF REPRESENTATIVES doubles on the season, the 6-foot-9, 235- lin, gained international attention and laid the pound Roberts ranks fourth nationally among groundwork for the Soviet human rights move- Wednesday, April 21, 2004 active NCAA Division I players with 38 career ment. Mr. DEAL of Georgia. Mr. Speaker, I rise double-doubles. The former University of Daniel and Sinyavsky were convicted by a today to address the House to honor a pio- Baylor transfer and Houston, Texas native has kangaroo court and sentenced to long terms in neer and friend within the higher education averaged 16.3 points (1,400 career points) a Soviet labor camp in the Mordovia region. arena of Georgia. It is with immense pride and and 9.5 rebounds (821 career rebounds) per Traveling to visit her incarcerated husband, a great honor that I pay tribute to a man that contest during his three-year, 86-game colle- Larisa Bogoraz met relatives of other political has made similar contributions to our region, giate career. prisoners. Soon she was deeply involved in but in the higher education arena. Please join This season, Roberts helped lead Associ- drafting and distributing petitions calling upon me recognizing a friend and a community ated Press SEC Coach of the Year Rick the Soviet Government to observe the basic servant, Dr. John S. Burd, as he retires as Stansbury’s eighth-ranked Bulldogs to a 26–4 civil liberties enumerated in the 1936 Soviet president of Brenau University in Gainesville, overall record and league-best 14–2 SEC constitution. GA. mark en route to claiming the school’s first In early 1968, Larisa Bogoraz joined Pavel Since donning the mantle of president of outright SEC regular-season championship Litvinov to produce a petition addressed to the what was then known as Brenau College in since 1962–63. This year’s State squad also international community and protesting the trial 1985, it could be argued that Dr. Burd has ac- made school history by appearing in a fourth of dissident Alexandr Ginzburg, who had com- complished more in under twenty years than consecutive postseason tournament and earn- piled the well-known ‘‘White Book’’ on the trial all previous presidents did in the first 107 ing a third straight NCAA Tournament berth. of Daniel and Sinyavsky. In August of that years of this fine institution’s history. Since he Roberts’ teamwork benefited the entire Bull- year, when, as Ludmilla Alexeyeva wrote so first assumed office, his vision of private liberal dogs squad. But his skill on the court distin- eloquently, ‘‘the Politburo decided to ‘strength- arts higher education, his dedication, hard guished him individually, and he has been rec- en peace’ by invading a sovereign country,’’ work, personal sacrifice, and love of the arts ognized for his achievements. The accolades Larisa and six other brave souls met on Red have transformed the college into a nationally continue to roll in. Square and unfurled banners in defense of recognized university and enhanced the lives

VerDate mar 24 2004 04:43 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A21AP8.055 E21PT1 April 21, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E589 of thousands of children and adults of all safety and security of the area, and revitalized plant was renamed the George and Annette ages. This multifaceted institution has flour- what is now a vibrant, desirable area. Murphy Center, in honor of the organization’s ished academically, by student enrollment, by Spare time is hard to come by for a presi- founder, Dr. George Murphy. improved facilities, and economically. dent of a busy college. But, Jack found time The next phase in Asphalt Green’s develop- In one of his first acts as college president, to lend his considerable talents for leadership ment began when Dr. Murphy enlisted the Jack Burd created the State’s very first week- and organizational planning to myriad commu- help of two of this evening’s honorees, Al and end college in 1986, enabling thousands of re- nity service groups such as Northeast Georgia Barrie Zesiger, to add an Olympic-sized swim- turning adult students an opportunity to ad- Medical Center Advisory Board, First United ming pool to Asphalt Green’s already exten- vance their education and their career poten- Methodist Church, the Women’s College Coa- sive facilities. The pool, along with a full-serv- tial at Brenau. Just about every college and lition, the Gainesville/Hall County Chamber of ice sports and fitness complex, opened in university in Georgia now emulates this edu- Commerce, Crawford W. Long Museum, 1993. These facilities have been of tremen- cational model. In 1993, under Dr. Burd’s Gainesville Symphony and the Georgia Asso- dous benefit to New Yorkers—and not just on leadership, Brenau College became Brenau ciation of Colleges. hot summer days. Indeed, water exercise University to more accurately reflect the com- In conclusion, to list all of the Brenau’s ac- classes at the pool are available year-round, prehensive nature of the institution. Now grad- complishments under Dr. Burd’s leadership and are particularly well-suited to the fitness uate programs serve educators and business would be laborious and impossible. But a few needs of the elderly, who are susceptible to leaders in management, accounting, and notable ones that occurred over the past nine- the joint and muscle stresses associated with healthcare, continuing education programs en- teen years include; increasing enrollment by dry-land exercise. In all, more than 42,000 gage retired adults, and traditional and non- more than 60 percent to 2,300 students; add- New Yorkers use Asphalt Green’s facilities traditional scheduling formats serve a local, re- ing 7 graduate level degrees; renovating, con- each year. gional, and worldwide student population. And structing, and acquiring 19 campus buildings; This evening, Asphalt Green will hold its an- to even further extend the university’s out- obtaining national accreditation; and improving nual Big Swim benefit, which will raise funds reach, Dr. Burd created the Online College in the university’s financial situation dramatically for the organization’s Waterproofing program, 2001. This unique institution now includes the from a meager endowment of $2.5 million in a joint venture with the New York City Public Women’s College, the Evening and Weekend 1985 to more than $50 million today. There is School District to teach underprivileged chil- College, the Online College and Brenau Acad- no operational deficit and the university’s eco- dren how to swim. Swimming ability is strongly emy. nomic contribution to the region is estimated linked with both socio-economic status and Jack Burd’s greatest accomplishment may to be $38 million. race: only 14 percent of those with annual in- be that he was able to preserve the 125-year- How can one exaggerate the importance of comes under $10,000 know how to swim, and old heritage and legacy of Brenau’s original what this man has given to northeast Geor- the rate of drowning among African-Americans mission, which is the Women’s College. At gia? He leads a private college that manages is significantly higher than that of other ethnic one time there were two-hundred plus wom- its finances wisely, contributes to the eco- groups. The Waterproofing program is notable en’s colleges across the United States. Today nomic welfare of all, returns highly qualified not only because it encourages a lifetime of there are only sixty-eight. According to the people to the workforce, and augments our fitness, but also because it helps to save lives. Women’s College Coalition, the decline is de- quality of life with cultural events that feed the The foregoing would not have been possible spite evidence that proves going to a women’s soul. without Al and Barrie Zesiger’s dedication to college greatly increases the chances that a Thank you Dr. John S. Burd for all you have public service and financial support, and the woman will become a leader, that she will be- given the citizens of northeast Georgia. Con- leadership of Stewart B. Clifford, a member of come a scientist or elected official and that gratulations on your well-deserved retirement. Asphalt Green’s Board for more than twenty she will keep her sights high. Brenau women f years. All three of these great citizens of New are leaders in their chosen professions and in York will be honored at this evening’s benefit. their communities. RECOGNITION OF ASPHALT GREEN Mr. Speaker, I request that my colleagues Under Jack Burd’s leadership, the arts as- AND THREE OF ITS OUT- join me in paying tribute to this fine organiza- sumed center stage at Brenau. The Perma- STANDING LEADERS, STEWART tion and its honorees, Al and Barrie Zesiger nent Art Collection, now one of the fastest B. CLIFFORD, AL ZESIGER, AND and Stewart B. Clifford. BARRIE ZESIGER, ON THE growing collections of any college in the f United States, boasts more than 1,200 pieces EVENING OF THE BIG SWIM BEN- with such names as Renoir and Lichtenstein. EFIT TRIBUTE TO FREDDY FENDER Nationally and internationally acclaimed artists exhibit regularly at Brenau with works seldom HON. CAROLYN B. MALONEY HON. SOLOMON P. ORTIZ seen outside New York or Los Angeles. OF NEW YORK OF TEXAS School children by the thousands come to IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES view exhibits and experience hands-on work- shops hosted by the art & design department. Wednesday, April 21, 2004 Wednesday, April 21, 2004 The performing arts have also flourished Mrs. MALONEY. Mr. Speaker, I rise to rec- Mr. ORTIZ. Mr. Speaker, I rise today to pay under Burd’s direction. He negotiated one of ognize the achievements of Asphalt Green tribute to an American patriot, cultural icon, the first ever collaborations in higher education and its honorees, Stewart B. Clifford, Al and leader in our South Texas community: between a public institution, Gainesville Col- Zesiger and Barrie Zesiger, on the evening of Freddy Fender, an accomplished artist whose lege, and a private institution, Brenau. The the Big Swim Benefit and Asphalt Green’s appeal is ageless. Freddy proved his ever- merger, called the Gainesville Theatre Alli- 30th anniversary celebration. Asphalt Green is lasting influence in 2002 when he won the ance, has brought accolades and honors, re- a wonderful nonprofit organization that offers a Grammy for Best Latin Pop Album and again gionally and nationally, to all involved. wide array of health and fitness facilities to this year, as the Texas Folklife Resources During Jack Burd’s tenure the campus, lo- New York City residents. Our community is celebrated 50 years of Freddy’s music with a cated in downtown Gainesville, Georgia, has truly fortunate to have such an enjoyable and concert as part of its Folk Masters series on enlarged to include a new library, a new busi- necessary resource. Saturday, April 10, 2004, at the Paramount ness and communication arts building, per- The Asphalt Green facility began in 1974 as Theatre in Austin, Texas. forming arts center, fitness center, tennis cen- one of the last city-owned open spaces on the A San Benito, Texas, native and legendary ter, several student houses and apartment Upper East Side of Manhattan. By 1976, the performer, Freddy was born Baldemar Huerta. buildings. There has been extensive renova- Asphalt Green campus included a one-and-a- He began his career as teenager recording tion of buildings listed on the National Register half acre park, gardens and a wading pool, all popular English language songs in Spanish of Historic Places—upgrading 19th century of which were available for public use free of that found an audience in Mexico and Latin buildings for 21st century use. By preserving charge. Later that year, Stewart B. Clifford as- America in the 1950s. In the 1960’s his career the university’s heritage, Jack Burd brought sisted the organization’s successful efforts to took off in the United States with the hit, stability to a neighborhood of Gainesville that persuade the City to designate the asphalt ‘‘Wasted Days and Wasted Nights.’’ is but two blocks from the center of town. plant adjacent to the organization’s park (As- Those wild, early days eventually put him on Once a declining area with many structures in phalt Green’s namesake) as a New York City more disciplined path. He went back to school need of repair, Burd’s endeavors and fund- landmark and to convert the plant into a multi- and worked as a mechanic, but he continued raising increased property values and the use community center. In 1984, the former singing.

VerDate mar 24 2004 04:43 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A21AP8.058 E21PT1 E590 CONGRESSIONAL RECORD — Extensions of Remarks April 21, 2004 His number one hit, ‘‘Before the Next Tear- Season, Record, SEC, Notable: trolled Carrier Act. These carriers will now be drop Falls,’’ was his re-entry into popular cul- 1958–59, 24–1, 13–1, opened SEC play with able to make rate changes within 24 hours, ture. That album went multi-platinum, and only loss to Auburn. which is the current market standard for all Fender won best male artist of 1976. In the 1960–61, 19–8, 11–3, lost three games only by shippers. latter part of the century, he spread his wings, a combined 12 points. These recent FMC actions, along with the 1961–62, 24–1, 13–1, shared title with Ken- expanded upon his talent and worked with tucky, only loss to Vanderbilt. formal signing of the U.S.-China Maritime Robert Redford in the movie The Milagro 1962–63, 22–5, 12–2, lost to Loyola (Chicago) Agreement in February, signal that the com- Beanfield War and other non-traditional in NCAA Mideast regional. mitment made by both nations to develop projects. 1990–91, 20–9, 13–5, shared title with LSU; closer maritime and commercial relations and He found his stride, working in different lost to Eastern Michigan in NCAA East re- to open markets is closer to becoming a re- parts of the entertainment industry. But he gional. ality. The increased economic cooperation be- never strayed far from the bounds of music, 2003–04, 25–2, 14–2, became fourth SEC team tween the United States and China is becom- working with The Texas Tornados. to win all eight road league games; lost to ing more tangible, as evidenced by the fact Xavier in NCAA second round. Freddy and his family have been tested in that a business in my district made its first the fires of a near-death experience. After a The future looks bold for the Maroon and ever shipment to China this year. protracted illness, Freddy received a kidney White. Seniors Timmy Bowers and versatile Mr. Speaker, one of the Chinese carriers from his daughter, cheating death, and still Branden Vincent will be missed, and though whose petition was recently granted by the singing and writing his songs. the NBA is courting junior center Lawrence FMC is the China Ocean Shipping Company Freddy’s Grammy Award-winning album in Roberts (the reigning SEC Player of the Year), (COSCO), which played an important role in 2002 captured the yearning for a simple, ro- MSU will field a solid team in 2005. Juniors supporting the U.S.-China Maritime Agree- mantic return to youth. The cover has a 4– Shane Power and Winsome Frazier, senior ment. COSCO will soon celebrate the 25th an- year-old Baldemar Huerta dressed as a cow- Marcus Campbell, and sophomore Gary Ervin niversary of the maiden voyage of its first ship boy astride a painted pony. ‘‘La Musica de all look to be explosive scorers next year on in the United States in 1979, an event which Baldemar Huerta’’ is 10 boleros with little ac- the court and across the conference. Added to marked the re-establishment of U.S.-China companiment. Boleros are poignant ballads these quality players are sophomore center trade relations for the first time in 30 years. generally featuring sophisticated guitar picking Wesley Morgan and freshman guard Dietric COSCO was a leader at that time and con- and sensual rhythms. Slater plus Ontario Harper, a medical red shirt, tinues to lead today. The biggest thing for which Freddy is known as well as three top signees: Charles Rhodes COSCO has transformed itself to become a in South Texas is his generosity of spirit in es- from Lanier High School in Jackson, Mis- leading global shipper that operates under tablishing a scholarship fund for average stu- sissippi; Jerrell Houston from Memphis, Ten- market rules. Recently, COSCO’s CEO, Cap- dents. An average student himself, and an nessee; and Jamall Edmondson from Meridian tain Wei Jaifu, gave the keynote address at avowed troublemaker in his youth, he has a Community College. the Trans-Pacific Maritime Conference in Long unique understanding of the challenges before This year, Mississippi State earned the sec- Beach, California. Captain Wei and COSCO a young person who has either made a mis- ond seed position in the NCAA Basketball where profiled in a cover story by the Journal take, made only average grades, or both. Tournament Atlanta Regional. While they were of Commerce that explained COSCO’s goals I ask the House of Representatives to join eliminated by Xavier during the second round to expand services and eventually to be pub- me—and the Texas Folklife Resources—in of play, the Bulldogs have played a terrific licly listed on the New York Stock Exchange. honoring Freddy Fender a great American season. An SEC title, a final record of 26–4 Mr. Speaker, in order to share more informa- treasure, a South Texan, a friend, and lifelong and 14–2 in the SEC, undefeated during reg- tion with my colleagues about COSCO’s role cultural icon in North American music. ular season on the road; these have stirred a in supporting trade with the U.S. and globally, f fire among MSU fans that will continue to burn I would like to submit the March 22 Journal of into next year. Commerce cover story for the RECORD. HONORING MISSISSIPPI STATE’S The pride of the Bulldogs extends not just BASKETBALL TEAM (From the Journal of Commerce, Mar. 22, from Starkville, home of Mississippi State Uni- 2004) versity, but across the state. I hope Congress COSCO SETS ITS COURSE HON. CHARLES W. ‘‘CHIP’’ PICKERING will join me in congratulating this team and (By Peter T. Leach) OF MISSISSIPPI Coach Stansbury—wishing them all the best Capt. Wei Jiafu is a man who knows where IN THE HOUSE OF REPRESENTATIVES fortune in the future both personally, and as he’s going. He should; he’s a former deck of- representatives of MSU. Wednesday, April 21, 2004 ficer who now is president and chief execu- f tive of China Ocean Shipping (Group), Chi- Mr. PICKERING. Mr. Speaker, it has been na’s largest ocean carrier. Wei is what Gil- four decades since Mississippi State Univer- PERSONAL EXPLANATION bert and Sullivan might call the model of a sity stood atop the Southeastern Conference modern capitalist, were it not for the fact as the undisputed solitary men’s basketball HON. KATHERINE HARRIS that COSCO is owned by the avowedly communist state. champion. The Bulldogs, under the leadership OF FLORIDA As chief executive since 1998, Wei is steer- of Coach Rick Stansbury—the Associated IN THE HOUSE OF REPRESENTATIVES Press SEC Coach of the Year—did so this ing a capitalist course for COSCO that is de- Wednesday, April 21, 2004 signed to accomplish three long-term goals, year with a 25–2 regular season record and a which he discussed in an interview before 14–2 record in the SEC that propelled them Ms. HARRIS. Mr. Speaker, on March 31, The Journal of Commerce’s 4th annual into the top five ranking in the national AP 2004 during rollcall vote No. 104 on H. Res. Trans-Pacific Maritime Conference this poll. 581, I was unavailable for the vote. Had I month in Long Beach, Calif. Wei said he It was the 1962–1963 season when MSU been present, I would have voted ‘‘yes.’’ aims to make COSCO one of the top five shipping companies in the world by doubling won a previous solitary SEC championship. f Six head coaches and 41 years later, the Bull- the size of its container fleet in the next four dogs did it again in a nail-biting come-from-be- U.S.-CHINA MARITIME RELATIONS years; to expand COSCO’s logistics business AND THE EMERGENCY OF COSCO to provide more revenue balance; and to list hind victory over the Alabama Crimson Tide. the company’s stock on the New York Stock The Bulldogs were down in the second half by Exchange. 18 points against the University of Alabama, HON. JAMES L. OBERSTAR Wei added a fourth goal last week that is one of two teams to defeat MSU during the OF MINNESOTA raising questions in the industry. In his key- regular season. During the last second, under IN THE HOUSE OF REPRESENTATIVES note address to the conference, he called for intense defensive pressure, senior All-SEC the establishment of ‘‘a long-term stable de- guard Timmy Bowers made a 14-foot jump Wednesday, April 21, 2004 velopment mechanism’’ based on fair regula- shot to tie the game, sending it into overtime. Mr. OBERSTAR. Mr. Speaker, I would like tion, cooperation among carriers, and cooperation among carriers, shippers, terminal Then again, in the final second of overtime, to commend the Federal Maritime Commission operators and service providers. Bowers made another jumper to earn a Bull- for its actions on March 31 in granting the pe- The fact that his remarks attracted ques- dog victory of 82–81. titions of three Chinese maritime carriers to tions from shippers and carriers such as, MSU has had champion basketball teams in provide relief from the 30-day waiting require- ‘‘What did he mean?’’ indicates the promi- the past, some shared, all notable. ment for reduction of tariff rates of the Con- nence that COSCO has attained in the six

VerDate mar 24 2004 04:43 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 0626 Sfmt 0634 E:\CR\FM\A21AP8.061 E21PT1 April 21, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E591 years since Wei took over. COSCO’s reputa- ‘‘growing very rapidly,’’ Wei said. Revenue tegic plan. Container shipping, which action has evolved from that of a rate-cutter from COSCO Logistics, established as a sepa- counts for more than half of the group’s rev- trying to elbow its way into the trans-Pa- rate unit three years ago, increased by what enue, is affected by the unpredictable and cific and Europe-Asia trades into a first-tier he called a ‘‘surprising’’ 50 percent in 2003. wild gyrations of global freight rates, a re- carrier whose rates have reached parity with ‘‘We are going to expand our logistics busi- ality that has forced COSCO and other com- its CYKH alliance partners, ‘‘K’’ Line, Yang ness (to) take advantage of the booming Chi- panies to diversify into sectors more likely Ming and Hanjin. nese economy and further strengthen our to yield stable and higher margin earrings. By contrast, China Shipping Group, competitiveness,’’ Wei said. Wei has a window of opportunity to accom- COSCO’s arch-competitor and one of China’s COSCO faces competition in its logistics plish this goal. He said he expects cargo de- other state-owned shipping companies, is business from another state-owned company, mand will stay ahead of the increase in the now widely regarded in the industry as a Sinotrans, which also competes with its con- supply of new ships. ‘‘Looking ahead, the company that is more prone to cut rates. tainer business. The container competition ship order book remains at a moderate level, Wei said COSCO currently ranks as the now appears to be easing, because so the market over the next 12 months will world’s seventh, ‘‘or sometimes the sixth,’’ ‘‘Sinotrans has gradually transformed itself be demand-driven,’’ he said. ‘‘In the con- largest container carrier, and that China into an international logistics provider rath- tainer shipping market, supply will rise by 7 Shipping ranks 10th. Wei predicted COSCO er than a global liner operator,’’ Wei said. percent this year, and demand will increase will be among the five largest lines by 2010. Sinotrans ended its service in the Asia-Eu- by 8 percent, which means freight rates will Though China Shipping is growing faster rope trade lane in 2002 to concentrate on the continue to rise.’’ He said demand will stay than COSCO because its container business trans-Pacific and intra-Asia trades, ‘‘so ahead of supply for the ‘‘next two or three is emerging from a smaller base, COSCO is based on the transformation of the business years.’’ But Wei is concerned that the long list of ‘‘expanding faster in all segments of ship- strategy, its liner business in major east- shipbuilding orders will catch up with de- ping,’’ including tankers, dry bulk carriers west trade lanes will not be further expanded mand after that and affect the shipping mar- and specialized project cargo vessels, Wei in the future.’’ ket. ‘‘Therefore, I am obliged to ask every- How does COSCO plan to finance all of this said. He said he was especially proud of two body in this industry to work together and additional container capacity and logistics new semi-submersible project cargo vessels slow down this unreasonable fleet expansion growth? ‘‘I believe getting listed on the delivered last year that were designed to and keep the market stable.’’ carry and anchor offshore oil rigs, using new stock market is certainly a good choice,’’ That’s what has the industry reading the technology to pinpoint locations. Wei said. COSCO has listed seven of its sub- tea leaves to try to figure out what he meant Wei said COSCO and China Shipping com- sidiaries in both domestic and overseas stock with his Long Beach speech’s references to pete, but that he does not regard the com- markets, he said. Two of them are what he cooperation. ‘‘I think what he meant is that petition as a ‘‘threat alone’’ to COSCO’s called ‘‘blue chip’’ stocks. COSCO Pacific be- carriers and shippers have to get together to business. ‘‘We have been trying to establish came a component of the Hang Seng Index in agree to even out supply,’’ said Howard a new kind of cooperative relationship be- Hong Kong last year, and COSCO Singapore Finkel, senior vice president of trade at tween carriers.’’ COSCO and China Shipping became part of the Straits Times Index in COSCO North America Inc. ‘‘We have anti- began discussing some kind of ‘‘cooperative Singapore this month. Both are the equiva- trust immunity; we need to use it better.’’ relationship’’ in 2000, but the relationship lent of the Dow Jones Industrial Index on the He said one forum for this discussion might has not been defined. New York Stock Exchange. be the Transpacific Stabilization Agreement, Both companies are ‘‘100 percent state- The Big Board is also on Wei’s radar where carriers and shippers can discuss rates owned, so it is very natural that we have the screen. ‘‘We will list in the U.S. stock mar- and set voluntary rate guidelines. COSCO same language,’’ Wei said. ‘‘COSCO is always kets soon. We want to list our core business plans to accomplish this fourth goal of Wei’s, making great efforts to upgrade and on the New York Stock Exchange,’’ he said. Finkel said, because it is ‘‘determined not to strengthen the good relationships between ‘‘COSCO has a very good reputation, so its be the wild man out.’’ the two companies. We are not part of each listing in New York will be very attractive.’’ f other, maybe one day through the stock China Shipping is planning to take a leaf market.’’ He defined this cooperation as ves- from COSCO’s book by listing the stock of FORTH WORTH IS ONE OF sel-sharing alliances and slot-sharing agree- China Shipping Container Lines in an initial AMERICA’S MOST LIVABLE CITIES ments, the kind of cooperation COSCO is public offering on the Hong Kong Stock Ex- conducting with its CYKH partners. ‘‘Co- change as early as May. The IPO is supposed operation can benefit COSCO and China to raise up to $2 billion, though Hong Kong HON. MICHAEL C. BURGESS Shipping,’’ he said. ‘‘Each company has got analysts have expressed skepticism that it OF TEXAS its own operational competitiveness, but nei- would reach that amount. The $2 billion esti- IN THE HOUSE OF REPRESENTATIVES ther of us can cover every corner of the mar- mate appears high for a company that posted Wednesday, April 21, 2004 ket, so there is the opportunity to cooper- losses from its establishment in 1997 until it ate.’’ finally earned a profit last year. Mr. BURGESS. Mr. Speaker, I rise today to Wei’s polite words about his competitor This rapid expansion by Chinese shipping congratulate the city of Fort Worth on being mask the fierce rivalry that has developed companies comes amid the boom in China’s named one of nine ‘‘America’s Most Livable between the companies and between Wei and containerized trade. ‘‘China’s rapid growth Cities’’ by the Partners for Livable Commu- China Shipping President Li Keilin, whom in economy and trade has become the main nities.’’ In order to be recognized, Fort Worth many in the in-dustry believe has the access engine to drive the international shipping was compared with other cities throughout our to the ears of China’s leaders. China Ship- market,’’ Wei said. China’s containerized Nation and judged on creativity and the ability ping has been expanding its fleet rapidly and trade increased by 11 million TEUs to a total of 48 million in 2003, pushing China into first to prepare for the new economy. is atop the list of new ships on order. It will America’s Most Livable Communities is a deploy 8,500–TEU container ships in the place globally, ahead of the U.S. with 40 mil- transPacific this summer. lion TEUs last year. COSCO forecasts that project of Partners for Livable Communities, a Yet COSCO is not standing still. It added China’s containerized trade will grow by an- national non-profit organization working to re- seven new ships, with total capacity of 20,000 other 5 million TEUs this year. store and renew America’s communities. TEUs, in 2003. It has ordered another eight Wei is someone who has set and attained Founded in 1977, Partners was the first na- vessels with a total capacity of 54,000 TEUs. goals throughout his career. Born in 1949— tional group to raise the banner of livability as Five of these, totaling 37,500 TEUs, will be the year the People’s Republic of China was both a consumer goal and a standard of ex- delivered this year. Another eight vessels formed—into a peasant farming family in cellence for municipal performance. This new with capacity of 68,000 TEUs have been char- Jiansou Province, he served at sea from the project recognizes the necessity for commu- late 1960s through the early 1980s. He was tered. This will bring COSCO’s total con- nities to increase the standards for quality of tainer capacity to 300,000 TEUs by year-end. then named to a senior post at a COSCO sub- Wei said COSCO’s fleet capacity will ex- sidiary, Guangzhou Ocean Shipping Co., life in order to attract better businesses and pand to 320,000 TEUs next year, to 420,000 where he witnessed the initial steps taken by promote economic growth. TEUs by 2007 and to 600,000 TEUs by 2010, the China’s then-supreme leader Deng Xiaoping As one of the nine cities recognized in the year in which he predicts it will join the to open the region adjacent to Hong Kong to large cities category, Fort Worth is recognized ranks of the world’s top five container lines. economic development. He earned a master’s as a place where the economy is strong, the China Shipping plans to stay hot on degree in shipping management. community is handling challenges and it is COSCO’s heels. Its China Shipping Container As he rose through the ranks at COSCO, he able to respond quickly to difficult situations. Lines subsidiary plans to expand its fleet to managed a joint Chinese-Tanzanian govern- Fort Worth has shown to have long term strat- a total capacity of 500,000 to 600,000 TEUs by ment shipping company and subsequently egies that are driven by quality of life stand- ran COSCO’s Tianjin-based bulk shipping di- 2010. China Shipping’s Li has been quoted in ards. As a city it ensures that the climate, set- the Shanghai press as hoping its container vision. As chief executive, he is confronting fleet will attain a capacity topping 350,000 perhaps his biggest challenge: transforming ting, intelligence of the labor force, downtown TEUs by the end of 2005. COSCO from a traditional shipping concern amenities, partnerships, and leadership agen- Container shipping is only part of COSCO’s into a logistics services provider, a central das are above the standards necessary to sur- business. Logistics is another part that is element of the company’s long-term stra- vive.

VerDate mar 24 2004 04:43 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A21AP8.065 E21PT1 E592 CONGRESSIONAL RECORD — Extensions of Remarks April 21, 2004 Fort Worth has been able to maintain the glamorous summer resort location of the diers who distinguish themselves through he- Nation’s third largest cultural district to supple- Northeast. Among the notable visitors were roic or meritorious achievement or service. ment the incorporation of modernization and General Winfield Scott, actor ‘‘Buffalo’’ Bill The Army has awarded this, its fourth highest community outreach. Partners are impressed Cody, and writers such as Bret Harte and honor for military personnel, to three genera- with efforts to transform many of Fort Worth’s Robert Louis Stevenson. tions of the Mitchell Family. I rise today to older, central city commercial districts into vi- Most importantly, Long Branch became the honor their service to this nation. brant urban communities. The City Council nation’s summer capital. Several United States First Sergeant David Mitchell and his son has worked with private developers, business Presidents summered in Long Branch. Among Sergeant Brian Mitchell recently returned from groups and neighborhood associations to cre- them were Chester A. Arthur, Rutherford B. active duty in Iraq. For their achievements and ate 13 urban communities, all with unique Hayes, Benjamin Harrison, William McKinley, dedication to our nation’s military, they have qualities specific to the areas they serve. Woodrow Wilson and Ulysses S. Grant, who both been awarded the Bronze Star. They are These urban communities help promote the visited the area every summer during his the second and third generations of this family inner city as an appealing alternative to the Presidency and many summers thereafter. respectively to earn this medal, following in basic and usually overcrowded parks and sub- President James A. Garfield, after he was the steps of David’s father R.L. Mitchell. David divisions common to suburbs. Inner-city vil- mortally wounded by an assassin’s bullet, left is a native of Calhoun City and Brian lives in lages also serve as methods for public and Washington D.C. for Long Branch to recu- Forest, in the heart of my district. private ventures to support and renew eco- perate from his wounds. Unfortunately he died The Mitchells are part of the thirty-two mem- nomic activity to downtown Forth Worth. Build- shortly thereafter, in the Elberon section of the bers of the Mississippi National Guard recently ings are able to be connected with neighbor- city. decorated with the Bronze Star for their serv- hoods effectively without depriving citizens of Long Branch began experiencing major ice in Operation Iraqi Freedom; all but one the quality of life they were seeking in the sub- changes in the early 1920’s, after gambling from the 223rd Combat Engineer Battalion urbs. was outlawed and other cities began com- based in West Point, Mississippi. The other, In 2001, Fort Worth established the goal of peting for tourism. It became a city of perma- Raymond resident Lt. Col. Ellis Riser is of the being the most livable city in Texas. As the nent residents with a business and manufac- 168th Engineer Group in Vicksburg. only Texas city recognized by Partners at the turing center. Long Branch continues to be a While in Iraq under the constant threat of at- America’s Most Livable Awards Program on city of changes. The beachfront that had lured tack from Iraqi militants and foreign terrorists, April 20th, 2004, that goal has been achieved. (and still lures) many tourists is being redevel- the Mitchells conducted engineering projects, I commend the city on setting its goals and oped. More small businesses are coming into secured the operations of our military’s com- standards high. It is my hope that we can con- town and expanding operations. Many of the puter operations and even helped Iraqi tinue to keep the bar high and continue to homes of the Golden Age of Long Branch are schools. David Mitchell received the award on his strive for excellence. being restored as a tribute to the beauty and birthday and said, ‘‘As a father, it makes me history of the region. The city is more con- f real proud to serve my country and have my scious of its historic sites, but also of the var- son by my side.’’ In addition to Brian, another RECOGNITION OF THE CITY OF ious ethnic groups, religious and cultural orga- of David’s sons also serves in the Army. I am LONG BRANCH’S CENTENNIAL nizations that have created the melting pot proud, as a Congressman, that we have patri- CELEBRATION that is today’s Long Branch. otic and dedicated men in Mississippi serving Mr. Speaker, I would like to ask my fellow our nation and that they instill these character- HON. FRANK PALLONE, JR. colleagues to acknowledge the City of Long istics as part of a family tradition. OF NEW JERSEY Branch for its one-hundredth anniversary of in- Brian Mitchell told his hometown news- IN THE HOUSE OF REPRESENTATIVES corporation, and join me in wishing the city paper, the Scott County Times, ‘‘I joined in Wednesday, April 21, 2004 many more years of rich history and pros- part because of the G.I. Bill and the education perity. Mr. PALLONE. Mr. Speaker, it is with great benefits but there was also a family tradition. f honor that I have the opportunity to recognize I also wanted to serve my country.’’ Brian said the city of Long Branch in honor of their cen- PERSONAL EXPLANATION family is important to him and his unit became tennial celebration of incorporation. In 1903, a second family to him. His family back at Long Branch was formally incorporated as a HON. RODNEY P. FRELINGHUYSEN home, his wife Stacy and his children Dusty, city, but its rich history predates this initial in- Katie, and Alex all missed him, and their OF NEW JERSEY corporation, and dates as far back as 1498, grandfather David. Just as they are, I’m glad IN THE HOUSE OF REPRESENTATIVES when Long Branch was first explored by John Brian and David are home after fulfilling their Cabot. Wednesday, April 21, 2004 missions. These men, and many men with them, are The land, which makes up current day Long Mr. FRELINGHUYSEN. Mr. Speaker, on heroes and I’m proud not only they are recog- Branch, was claimed by Henry Hudson in Tuesday, April 20 I was in my District in New nized for their achievements as American mili- 1664, and then purchased from the Native Jersey attending services associated with the tary men, but also that they have shown the American Leni Lenape tribe in 1668 by Euro- funeral of Lieutenant John Wroblewski (United tradition of Mississippi values to their fellow pean settlers seeking religious freedom. The States Marines) of Jefferson Township. newcomers named the settlement ‘‘Long As a result, I was not in attendance in the servicemen, and across the world to the peo- Branch’’ after the long branch of the Shrews- House for several recorded votes. ple of Iraq. Honor is earned; not given. Mr. bury River that is located at the northern end On rollcall No. 118, designating the Richard Speaker, the Mitchells have earned this honor. of the city. Wilson Post Office, I would have voted ‘‘aye.’’ f Much like their Native American neighbors, On rollcall No. 119, designating the John J. TRIBUTE TO JOHN CONRAD the first settlers created a self-sustaining com- Pershing Post Office, I would have voted KAPTUR munity that relied on hunting, gathering, and ‘‘aye.’’ fishing to survive. Those hardy people (as well On rollcall No. 120, designating the Dosan as the town they resided in) existed in relative HON. MARCY KAPTUR Ahn Chang Ho Post Office, I would have OF OHIO isolation until the 19th century, which is when voted ‘‘aye.’’ IN THE HOUSE OF REPRESENTATIVES Long Branch entered its ‘‘Golden Age.’’ During f that period, commerce in the American north- Wednesday, April 21, 2004 east grew, and the Long Branch area began HONORING THREE GENERATIONS Ms. KAPTUR. Mr. Speaker, it is a great to expand rapidly. Due to the town’s proximity OF MITCHELL BRONZE MEDALS privilege today to offer respectful words for to the coast, and the natural beauty of the re- history to pay tribute to John Conrad Kaptur gion, leaders in finance, theatre, politics, and HON. CHARLES W. ‘‘CHIP’’ PICKERING on behalf of the entire Kaptur family—his wife the military flocked to Long Branch by the OF MISSISSIPPI Rita; children Stephen, Christopher, Renee, hundreds to enjoy the area’s treasures. Indi- IN THE HOUSE OF REPRESENTATIVES James/Christine, Kenneth, Regina/Jeff; sisters viduals from New York, Philadelphia, and Virginia, Lillian, Christine; and the grand- Washington D.C. made Long Branch the pre- Wednesday, April 21, 2004 children Nicole, Michael, Cassandra, Ashley, mier vacation destination. At the height of its Mr. PICKERING. Mr. Speaker, the United Brittany, Jacob, and Lucas. Let us honor his Golden Age, Long Branch became the most States Army reserves the Bronze Star for sol- beautiful life. Surely, he is loved.

VerDate mar 24 2004 04:43 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A21AP8.068 E21PT1 April 21, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E593 His children observe: ‘‘Dad has a smile that each of us can do in his name, as a living he will greet each one of us with a smile and would immediately tell all that he was happy to prayer. For he will come to us now in a new say, ‘It’s great to see you.’ ‘Thank you for be in company with you. He enjoyed a good way, not on our time but on his time. His chil- coming’ ‘Can I get you a cup of tea, or per- joke and always enjoyed a brewed cup of tea. dren, through Regina, say about him: haps a Coop e’Kava and cookie?’’’ ‘Refreshing,’ he would say. John was a gen- ‘‘Dad was proud to be Catholic and to have POEM tleman, also a strong man, a man who exem- served in the United States Marine Corps. His Because you went first and I remain, plified the motto by which he lived: ‘always talents were many.’’ After working nearly four To walk the road alone. faithful.’ Our own father, his uncle, said of decades in industrial production planning at I live in memories garden, Dear, John, ‘He knew how to be a man.’’’ Dura Corp. and later, retiring from Chrysler- With happy days we’ve known. Born in 1925, John was a devoted son of Jeep as a planner in the engineering division, In Spring I wait for roses red, Szepan and Mary. He was his parents’ first he quickly went out to do plumbing. ‘‘The love When faded, the lilacs blue. In early Fall when brown leaves fall and only born son and the eldest of 16 chil- of people and good conversation made me I’ll catch a glimpse of you. dren, an American of Polish heritage. He grew want to do it,’’ he said. He always worked a Because you went first and I remain, up attending St. Stanislaus Church and Libbey hard day supporting his large family. For battles to be fought. High School in tough economic times. He He most loved his family. He celebrated his Each thing you touched along the way knew struggle. He worked hard. He possessed 45th wedding anniversary not long ago with Is now a hallowed spot. the drive, inventiveness and skill for which his wife, Rita, along with his family. What a I hear your voice, I see your smile, Kaptur men are known. His kindness was strong and devoted spouse Rita has been. Jim Tho blindly I now grope. rooted deeply in his early years when people and Christine shared their home for that event, The memory of your helping hand survived by holding onto one another. just as they did for the wake after his Christian Now buoys me on with hope. He valued family—to celebrate life and to burial. Dad was very proud of Jim’s accom- Because you went first and I remain, weather the rough times. At 79, he was the plishments as a Paramedic/Toledo Firefighter One thing I’ll have to do: patriarch of the Kaptur family. and the perseverance he has to move up. He Walk slowly down that long long path, John was a tot when Wall Street crashed in found great comfort in his knowledge. He For soon I’ll follow you, 1929 ushering in the Great Depression of the I want to know each step you took, would always take a nap in the afternoon so So I may take the same, 1930s. No jobs were to be had. For people he could stay up to welcome Ken home from For some day down that lonely road, today, it is hard to describe how hard life was a hard day’s work, and talk about the Lottery. You’ll hear me call your name. back then—before America had a minimum When the day came to around 3 o’clock he f wage, before there was enough to eat for so would look for Chris to come by and have many families, before there was Social Secu- some good conversation. For Steve, he was CONGRATULATING THE CUB rity and Medicare. That was the world into very thankful for the skills it took to fix his car SCOUTS, BOY SCOUTS, AND GIRL which John was born. He never forgot. But he or use his trailer. As he was fathering all these SCOUTS OF DODGE ELEMENTARY always kept moving forward. He was so tal- boys, he became so very proud of their hard SCHOOL IN EAST AMHERST, NY ented. He possessed the Kaptur man’s phy- work and perseverance on a job. Regina sique—sturdy, square jawed, full of wander- knows her dad is proud of her accomplish- HON. THOMAS M. REYNOLDS lust, but steady, with a heart of gold so big his ments and the love, care, and comfort she OF NEW YORK body could hardly contain it. had for him in his time of need. ‘‘Dad taught IN THE HOUSE OF REPRESENTATIVES At 17, following in his father’s footsteps, he me respect, compassion, diplomacy, persever- Wednesday, April 21, 2004 enlisted in the U.S. Marine Corps—the elite, ance, and the ability to know people and to special branch of the U.S. Armed Forces es- Mr. REYNOLDS. Mr. Speaker, it is with have the psychology of life. Most of all, he great pleasure that I rise to recognize the Cub pecially trained for amphibious assault. He taught me to love a human being, no matter Scouts, Boy Scouts, and Girl Scouts from served in the Pacific Theater during World if they were challenged or not.’’ Dodge Elementary School in East Amherst, War II—first training at Camp Le Jeune in Then there are the grandchildren: He loved New York, for having been chosen to receive New River, North Carolina. In September, each and every one of them—Nicole, Michael, the President’s Environmental Youth Award. 1942, he departed on a troopship out of San Cassandra, Ashley, Brittany, Jacob, Lucas. In 2002, the Dodge Elementary Scouts Diego as a member of the 3rd Marine Division Whether John wanted to play hockey in the began a wetland enhancement project in the for the Bouganville invasion of American driveway, or bump the tree with the tire swing, Town of East Amherst. The project, now in its Samoa. He contracted a mosquito borne ill- or pick up sticks in the yard, or take a walk to third year, has been a tremendous success, ness in late 1943 after the Guadalcanal inva- the grapes, or even around the block. He may as is evidenced by the children being selected sion. A natural leader, he rose in rank in the have just wanted a conversation with you, he to receive the President’s Environmental Corps and later in the Reserves from Private loved you all. And I might add, our last con- Youth Award. The project not only aids the en- First Class, to Lance Corporal, to Corporal, to versation, just a few days ago, was about get- vironment and beautifies the Town, but also Sergeant, and Staff Sergeant. He served hon- ting together with the grandchildren for dinner benefits the Scouts by teaching them the orably 12 years in the Corps and Reserves. when he was feeling better. ideals of conservation and community service. He was a patriot. And the grandchildren couldn’t have come In the project’s first year, the group planted When I look at his beautiful family, I repeat without the loving daughters-in-law and son-in- four hundred tree seedlings around a one-acre the Marine Corps saying: ‘‘The marines have law he gained: Renee, Christine and Jeff. pond in the town. Bird boxes were also placed landed, and the situation is well in hand.’’ Regina writes: ‘‘I was very glad to have around the pond for further wetland habitat en- John maintained a keen interest in world spent the time with Dad these past few hancement. In 2003, these young men and events and helped shape them. In his mid months and through all his surgeries. I would women planted over eight hundred trees. The 30s, John married Rita Mominee. What a not have wanted it any other way. So much work was done as part of Amherst’s Arbor match this has been! Smiles, a house full of value was built in the quality time we had. He Day celebrations. In that single day, the activity, travel, joy. Together, they raised a recalled everyone in the present and in the Scouts planted seven hundred and eighty magnificent family: 4 boys—Stephen, Chris- past. Never was a cross word said. His words seedlings, as well as fifty weeping willows, topher, James, Kenneth—and finally a girl— were always very kind. Dad had the best doc- black willows, and green ash trees, varying Regina. What a blessing he was able to watch tors and they always took our phone calls from five to eight feet in height. It was a re- them grow up and flower into adulthood. without hesitation and went beyond to meet markable effort. This year, the Scouts have al- He enjoyed every minute. During his long our needs. Dad was always open to their sug- ready placed several dozen bird boxes, bat life, he also experienced the Great Depres- gestions that would help him. He had told the boxes, and duck boxes, and have scheduled sion, World War II, the Korean War, Sputnik doctors: ‘Let’s do it—I am a patient man.’ With another tree-planting day for April 25th. and the landing of the first man on the moon, tears in my eyes, I watched as God wrapped Mr. Speaker, on Thursday, April 22nd, the collapse of the Soviet Union, where his his arms around Dad and said to him, ‘My pre- members of the Cub Scouts, Boy Scouts, and own father had served in Marine Corps in cious child, come with me. You surely were a Girl Scouts from Dodge Elementary School Vladivostok, and he ushered in the 21st cen- treasure on this earth, but now I need you in will be at the White House to be honored by tury. All the while, John kept steady with his Heaven.’ So God reached out and showed President Bush as recipients of the President’s family and garden blooming, a man of quiet him the bright light, and said, ‘I will reunite you Environmental Youth Award, and I ask that strength, a gentleman, good, and kind. To all again some day.’ With tears in all of our this House join me in congratulating them on ease the sorrow, we should think about what eyes we will meet him again in heaven where this well-deserved award.

VerDate mar 24 2004 04:43 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 0626 Sfmt 0634 E:\CR\FM\A21AP8.072 E21PT1 E594 CONGRESSIONAL RECORD — Extensions of Remarks April 21, 2004 RECOGNITION OF NATIONAL PRI- of the P.I.D.D. community, and I am proud to RECOGNIZING NATIONAL PRIMARY MARY IMMUNE DEFICIENCY DIS- join them in recognizing the week of April 19 IMMUNE DEFICIENCY WEEK EASES AWARENESS WEEK as National Primary Immune Deficiency Dis- eases Awareness Week. I encourage my col- HON. DAVID E. PRICE HON. JIM McCRERY leagues to work with us to help improve the OF NORTH CAROLINA OF LOUISIANA quality of life for P.I.D.D. patients and their IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES families. Wednesday, April 21, 2004 Wednesday, April 21, 2004 f Mr. PRICE of North Carolina. Mr. Speaker, Mr. MCCRERY. Mr. Speaker, I rise today to I rise today to ask my colleagues to join me ask my colleagues to join me in recognizing NATIONAL MINORITY CANCER in recognizing the week of April 19th as Na- the week of April 19th as National Primary Im- AWARENESS WEEK tional Primary Immune Deficiency Diseases mune Deficiency Diseases Awareness Week. Awareness Week. Primary immune deficiency Primary immune deficiency diseases are ge- diseases (PIDD) are genetic disorders in netic disorders in which part of the body’s im- HON. ELLEN O. TAUSCHER which part of the body’s immune system is missing or does not function properly. The mune system is missing or does not function OF CALIFORNIA properly. The World Health Organization rec- World Health Organization recognizes more ognizes more than 150 primary immune dis- IN THE HOUSE OF REPRESENTATIVES than 150 primary immune diseases which affect as many as 50,000 people in the United eases which affect as many as 50,000 people Wednesday, April 21, 2004 in the United States. Fortunately, 70 percent States. Fortunately, 70 percent of PIDD pa- of P.I.D.D. patients are able to maintain their Mrs. TAUSCHER. Mr. Speaker, I rise today tients are able to maintain their health through health through regular infusions of a plasma to speak in support of National Minority Can- regular infusions of a plasma product known product know as intravenuous cer Awareness Week. as intravenous immunoglobulin. IGIV helps bolster the immune system and provides crit- immunoglobulin. IVIG helps bolster the im- This year marks the 18th annual National ical protection against infection and disease. mune system and provides critical protection Minority Cancer Awareness Week, a national against infection and disease. I am familiar with primary immune defi- awareness campaign which focuses on the ciencies because of the work that is being I am familiar with primary immune defi- disproportionate cancer burden experienced ciencies because one of my good friends and done in my district by Dr. Rebecca Hatcher by racial and ethnic minorities and other medi- Buckley. Dr. Buckley is Chief of Pediatric Al- constituents, Gail Nelson, is a P.I.D.D. patient. cally underserved communities. Gail and her husband Syd Nelson are tireless lergy and Immunology at Duke University advocates for the primary immune deficiency Despite all the progress that has been made Medical Center, and she is the leading expert community as volunteers for the Immune Defi- in the battle against cancer, there is still much and pioneer in the diagnosis and treatment of ciency Foundation. IDF is the nation’s leading work to be done to eradicate this horrible dis- Severe Combined Immune Deficiency (SCID) organization dedicated to improving the quality ease. also known as ‘‘bubble boy syndrome.’’ Chil- of life for P.I.D.D. patients. In California alone, 125,000 new cancer dren diagnosed with SCID lack an immune Several years ago, the Nelsons educated cases will be diagnosed this year; 52,200 peo- system, which is essential to survival. Dr. me about the IVIG treatments that Gail and ple will die from cancer. Out of every 100,000 Buckley has dedicated her life to helping to other P.I.D.D. patients receive on a monthly people living in California, 186 will eventually save the lives of babies born with SCID basis. Thanks to Gail and Syd’s advocacy, I die of cancer. through early diagnosis and treatment. Although newborn screening exists for learned that the optimal setting for many Mr. Speaker, we all know that a dispropor- SCID, states do not include the test among P.I.D.D. patients to receive their IVIG infusions tionate burden of cancer continues to fall on a their required screenings. Additionally, despite is in the home. Not only is home infusion more number of populations. African Americans the recent progress in PIDD research, the av- convenient for patients, it eliminates the poten- have the highest death rates for all cancers erage length of time between the onset of tial for individuals to be exposed to infectious and cancer is the leading cause of death for symptoms in a patient and a definitive diag- agents in a doctor’s office or hospital out- Asian American women. patient setting. Despite the clear benefits of nosis of PIDD is over 9 years. In the interim, According to the Centers for Disease Con- home infusion, I was disappointed to learn that those afflicted may suffer repeated and seri- trol, the average annual death rate per Medicare would only pay for the administration ous infections and possibly irreversible dam- 100,000 people for all types of cancers was of IVIG in an outpatient setting or a doctor’s age to internal organs. That is why it is critical 257 for African Americans, 199 for whites, 138 office. that we raise awareness about these illnesses for Hispanic-Americans, 138 for American Indi- As Congress undertook its landmark effort within the general public and the health care ans, and 125 for Asian/Pacific Islanders. last year to modernize the Medicare program, community. I was pleased to work with my colleagues on For every 100,000 people living in Cali- Mr. Speaker, I commend the Immune Defi- the Ways and Means Committee to include a fornia, 65 African Americans in that group will ciency Foundation for its leadership in this provision in the legislation to extend coverage die each year from lung cancer, 17 Hispanic area, and I am proud to join them in recog- for the home infusion of IVIG. This important women will die from breast cancer and 13 nizing the week of April 19th as National Pri- provision provides coverage for home infu- Asian Americans will die from prostate cancer. mary Immune Deficiency Diseases Awareness sions if the Medicare beneficiary is (1) a diag- Inadequate access to preventive services Week. I encourage my colleagues to work with nosed primary immune deficiency patient, and and early detection means that diseases like us to help improve the quality of life for PIDD (2) has received clearance from his/her physi- cancer are more often diagnosed at later patients and their families. cian to receive treatment in the home. This im- stages when the severity is likely to be greater f portant provision makes a new treatment op- and options for treatment are decreased. PAYING TRIBUTE TO SR. MAR- tion available for Medicare patients that has The future health of America as a whole will GARET ‘‘PEG’’ DOLAN, R.S.H.M. been the standard of care for many P.I.D.D. be influenced substantially by our success in ON THE 50TH ANNIVERSARY OF patients on private insurance. improving the health of minority and other HER ORDINATION IN THE RELI- Mr. Speaker, despite the important progress medically underserved populations. GIOUS SACRED HEART OF MARY we have made in treating primary immune deficiencies, the average length of time between I rise today to commend those working in HON. MAXINE WATERS the onset of symptoms and a definitive diag- my district and state who work tirelessly on OF CALIFORNIA nosis of P.I.D.D. is 9.2 years. In the interim, this issue in the hopes of one day beating IN THE HOUSE OF REPRESENTATIVES those afflicted may suffer repeated and seri- cancer. ous infections and possibly irreversible dam- Mr. Speaker, I urge my colleagues in Con- Wednesday, April 21, 2004 age to internal organs. That is why it is critical gress to come together and find a way to fund Ms. WATERS. Mr. Speaker, I rise to recog- that we raise awareness about these illnesses crucial research into cures for this disease. I nize and pay tribute to one of my most distin- within the general public and the health care hope we can reduce and ultimately eliminate guished constituents, Sr. Margaret ‘‘Peg’’ community. the disproportionate burden cancer and other Dolan, R.S.H.M. I commend her to my col- Mr. Speaker, I commend the Immune Defi- diseases pose on minority and medically un- leagues and thank her for her service to Loy- ciency Foundation for its leadership on behalf derserved communities in our country. ola Marymount University, to Los Angeles, and

VerDate mar 24 2004 04:43 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A21AP8.076 E21PT1 April 21, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E595 to our Nation. Last Friday, April 16th, Sister boarding school also called Marymount in gram’s projects have included the painting and Peg, who currently serves as the Alumni Santa Barbara. repairing of inner city schools and fixing Chaplain at Loyola Marymount, celebrated her In 1973, Sr. Peg enrolled at Loyola homes for low-income elderly residents in golden jubilee, the 50th anniversary of taking Marymount University to complete a Master’s such areas as South Central Los Angeles her vows in the order known as the Religious Degree in Counseling while serving as a Watts, East Los Angeles and the Hilo River Sacred Heart of Mary. Sister Peg has been a Counselor in Training. She was such a big hit Reservation in Arizona. Since the program’s unique link to Loyola Marymount’s history, with the students that, at the end of that year, inception, more than a thousand people have having been present on the campus since the the residence hall advisors asked the adminis- volunteered. historic merger of Marymount and Loyola. Her tration to find her a job. She took a part-time In recent years, the Alumni for Others pro- position in Student Affairs at Loyola many years at LMU have been extraordinary. gram has directed its focus toward assisting Marymount. In 1975, after she earned a Mas- inner city schools in need. After St. Born and raised in the Bronx, Sr. Peg grew ter’s Degree in Applied Spirituality, Sister Peg Columbkille School in South Central Los An- up in a diverse neighborhood of Irish Catho- joined the LMU Campus Ministry team as geles had closed its seventh and eighth lics, Jewish, Italian, and German families. Her Chaplain where she did retreat work and grades due to financial constraints, Sister Peg parents had come to the United States from counseling. spearheaded a development committee to re- Ireland. Her father worked two jobs to put all In 1985, she was promoted to Director and open the classes and build a new library, rais- became the moderator of Gryphon Circle, one five kids through Catholic school and died at ing over $800,000. Construction of the new li- of five major service groups for students at the age of 54. Her mother lived a long life and brary began last June. spent many hours caring for sick neighbors LMU. In 1989, because of her interest in doing Mr. Speaker, Sister ‘‘Peg’’ Dolan has gener- along with her five children. even more one-on-one counseling, Sr. Peg resigned her position as Director and returned to ously offered support and wise counsel to stu- In 1952 when she graduated from high the Campus Ministry. In 1996, she accepted dents, alumni, fellow chaplains, fellow staff school, Sister Peg chose to enter the Reli- the invitation from the president of LMU to be- members, and all members of the Loyola gious Sacred Heart of Mary. She studied come Alumni Chaplain. Marymount community. She has dedicated her Scripture, theology, and philosophy at Reaching out to Loyola Marymount alumni life to community service and counseling and Marymount College in Tarrytown, NY for two and their families, Sr. Peg single-handedly has made a tremendous contribution to our years. After taking her vows in 1954, she launched the Alumni for Others program community. I am pleased to commend and moved to California to study History at where students, alumni and friends spend a thank her for her outstanding work, and look Marymount College. In 1957, she earned a day working together on a community service forward to many more years of her service. teaching credential and began teaching at a project. Currently in its fifth year, the pro-

VerDate mar 24 2004 04:43 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 0626 Sfmt 0634 E:\CR\FM\A21AP8.080 E21PT1 E596 CONGRESSIONAL RECORD — Extensions of Remarks April 21, 2004 SENATE COMMITTEE MEETINGS maintain sites honoring Presidents of APRIL 29 Title IV of Senate Resolution 4, the United States, S. 2046, to authorize 9:30 a.m. the exchange of certain land in Ever- agreed to by the Senate on February 4, Commerce, Science, and Transportation glades National Park, S. 2052, to amend To continue hearings to examine tele- 1977, calls for establishment of a sys- the National Trails System Act to des- communications policy, focusing on in- tem for a computerized schedule of all ignate El Camino Real de los Tejas as dustry perspectives. meetings and hearings of Senate com- a National Historic Trail, and S. 2319, SR–253 mittees, subcommittees, joint commit- to authorize and facilitate hydro- electric power licensing of the Tapoco Foreign Relations tees, and committees of conference. Business meeting to consider pending This title requires all such committees Project. SD–366 nominations. to notify the Office of the Senate Daily SD–419 Digest—designated by the Rules Com- 3:30 p.m. Commerce, Science, and Transportation 10 a.m. mittee—of the time, place, and purpose Science, Technology, and Space Sub- Indian Affairs of the meetings, when scheduled, and committee To hold hearings to examine S. 2301, to any cancellations or changes in the To hold hearings to examine Inter- improve the management of Indian fish meetings as they occur. national Space Exploration Program. and wildlife and gathering resources. As an additional procedure along SR–253 SR–485 with the computerization of this infor- Commerce, Science, and Transportation mation, the Office of the Senate Daily APRIL 28 Oceans, Fisheries and Coast Guard Sub- Digest will prepare this information for 9:30 a.m. committee printing in the Extensions of Remarks Commerce, Science, and Transportation To hold an oversight hearing to examine To hold hearings to examine tele- section of the CONGRESSIONAL RECORD National Oceanic and Atmospheric Ad- communications policy. ministration, Department of Com- on Monday and Wednesday of each SR–253 week. merce. Environment and Public Works SR–253 Meetings scheduled for Thursday, To hold hearings to examine the reau- April 22, 2004 may be found in the Daily thorization of the Economic Develop- MAY 4 Digest of today’s RECORD. ment Administration. 2:30 p.m. MEETINGS SCHEDULED SD–406 Indian Affairs Armed Services To hold hearings to examine S. 2172, to Airland Subcommittee APRIL 27 make technical amendments to the Closed business meeting to markup those 9:30 a.m. provisions of the Indian Self Deter- provisions, which fall within the juris- Armed Services mination and Education Assistance diction of the subcommittee, of pro- Business meeting to consider the nomi- Act relating to contract support costs. posed legislation authorizing appro- nations of Tina Westby Jonas, of Vir- SR–485 priations for fiscal year 2005 for mili- ginia, to be Under Secretary of Defense 10 a.m. tary activities of the Department of (Comptroller), Dionel M. Aviles, of Appropriations Defense. Maryland, to be Under Secretary of the Defense Subcommittee SR–222 Navy, and Jerald S. Paul, of Florida, to To hold hearings to examine medical 3:30 p.m. be Principal Deputy Administrator, programs in the armed services. Armed Services National Nuclear Security Administra- SD–192 SeaPower Subcommittee tion. Foreign Relations Closed business meeting to markup those SR–222 To hold hearings to examine the nomina- provisions, which fall within the juris- Commerce, Science, and Transportation tions of James Francis Moriarty, of diction of the subcommittee, of pro- To hold hearings to examine tele- Virginia, to be Ambassador to Nepal, posed legislation authorizing appro- communications policy, focusing on Michele J. Sison, of Maryland, to be priations for fiscal year 2005 for mili- lessons learned from the Telecommuni- Ambassador to the United Arab Emir- tary activities of the Department of cations Act of 1996. ates, and Thomas Charles Krajeski, of Defense. SR–253 Virginia, to be Ambassador to Yemen. 10 a.m. SD–419 SR–232A Energy and Natural Resources Governmental Affairs 5 p.m. To hold an oversight hearing to examine To hold hearings to examine the use and Armed Services sustainable, low emission, electricity prevention of abuse of government pur- Emerging Threats and Capabilities Sub- generation. chase cards. committee SD–366 SD–342 Closed business meeting to markup those Finance 11:30 a.m. provisions, which fall within the juris- International Trade Subcommittee Energy and Natural Resources diction of the subcommittee, of pro- Health Care Subcommittee Business meeting to consider pending posed legislation authorizing appro- To hold joint hearings to examine inter- calendar business. priations for fiscal year 2005 for mili- national trade and pharmaceuticals. SD–366 tary activities of the Department of SD–215 2 p.m. Defense. Judiciary Health, Education, Labor, and Pensions SR–222 To hold hearings to examine the nomina- Children and Families Subcommittee tion of Brett M. Kavanaugh, of Mary- To hold hearings to examine how to pro- MAY 5 land, to be United States Circuit Judge mote a healthy marriage. 9 a.m. for the District of Columbia Circuit. SD–430 SD–226 Judiciary Armed Services Aging To hold hearings to examine safe- Personnel Subcommittee To hold hearings to examine opportuni- guarding the future of American live Closed business meeting to markup those ties and challenges relating to assistive theater relating to the Playwrights Li- provisions, which fall within the juris- technologies for independent aging. censing Antitrust Initiative Act. diction of the subcommittee, of pro- SD–628 SD–226 posed legislation authorizing appro- 2:30 p.m. 3 p.m. priations for fiscal year 2005 for mili- Energy and Natural Resources Foreign Relations tary activities of the Department of National Parks Subcommittee To hold hearings to examine the nomina- Defense. To hold hearings to examine S. 1064, to tions of Constance Berry Newman, to SR–232A establish a commission to commemo- be an Assistant Secretary of State for 9:30 a.m. rate the sesquicentennial of the Amer- African Affairs, Aubrey Hooks, of Vir- Appropriations ican Civil War, S. 1092, to authorize the ginia, to be Ambassador to the Repub- Defense Subcommittee establishment of a national database lic of Cote d’Ivoire, Thomas Neil Hull To hold hearings on proposed budget es- for purposes of identifying, locating, III, of New Hampshire, to be Ambas- timates for fiscal year 2005 for defense and cataloging the many memorials sador to Sierra Leone, and Roger A. related programs. and permanent tributes to America’s Meece, of Washington, to be Ambas- SD–192 veterans, S. 1748, to establish a pro- sador to the Congo. gram to award grants to improve and SD–419

VerDate mar 24 2004 04:43 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 0626 Sfmt 0634 E:\CR\FM\M21AP8.000 E21PT1 April 21, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E597 10 a.m. MAY 6 cluding aerial fire fighting assets and Armed Services 9:30 a.m. crew, and overhead availability. Readiness and Management Support Sub- Armed Services SD–366 committee Closed business meeting to markup pro- Closed business meeting to markup those posed legislation authorizing appro- MAY 12 provisions, which fall within the juris- Time to be announced diction of the subcommittee, of propriations for fiscal year 2005 for mili- posed legislation authorizing appro- tary activities for the Department of Indian Affairs priations for fiscal year 2005 for mili- Defense. To hold hearings to examine S. 1715, to tary activities of the Department of SR–222 amend the Indian Self-Determination Defense. and Education Assistance Act to pro- SR–222 MAY 7 vide further self-governance by Indian 11:30 a.m. 9:30 a.m. tribes. Armed Services Armed Services SR–485 Strategic Forces Subcommittee Closed business meeting to markup pro- 10 a.m. Closed business meeting to markup those posed legislation authorizing appro- Appropriations provisions, which fall within the juris- priations for fiscal year 2005 for mili- Defense Subcommittee diction of the subcommittee, of pro- tary activities for the Department of To hold hearings to examine proposed posed legislation authorizing appro- Defense. budget estimates for fiscal year 2005 for priations for fiscal year 2005 for mili- SR–222 the Department of Defense. tary activities of the Department of SD–192 Defense. MAY 11 SR–232A SEPTEMBER 21 2:30 p.m. 10 a.m. Armed Services Energy and Natural Resources 10 a.m. Closed business meeting to markup pro- To hold hearings to examine the impacts Veterans’ Affairs posed legislation authorizing appro- and costs of last year’s fires, focusing To hold joint hearings with the House priations for fiscal year 2005 for mili- on the problems faced last year and Committee on Veterans’ Affairs to ex- tary activities for the Department of what problems agencies and the land amine the legislative presentation of Defense. they oversee may face next season, in- the American Legion. SR–222 345 CHOB

VerDate mar 24 2004 04:43 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 0626 Sfmt 0634 E:\CR\FM\M21AP8.000 E21PT1 Wednesday, April 21, 2004 Daily Digest Senate Chamber Action Additional Cosponsors: Pages S4225–26 Statements on Introduced Bills/Resolutions: Routine Proceedings, pages S4171–S4236 Pages S4226–31 Measures Introduced: Nine bills and one resolu- Additional Statements: Pages S4221–22 tion were introduced, as follows: S. 2325–2333, and S.J. Res. 33. Page S4225 Authority for Committees to Meet: Pages S4231–32 Asbestos Litigation: Senate continued consideration Privilege of the Floor: Page S4232 of the motion to proceed to the consideration of S. Adjournment: Senate convened at 9:30 a.m., and 2290, to create a fair and efficient system to resolve adjourned at 7:27 p.m., until 9:30 a.m., on Thurs- claims of victims for bodily injury caused by asbestos day, April 22, 2004. (For Senate’s program, see the exposure. Pages S4184–S4218, S4233 remarks of the Majority Leader in today’s Record on A unanimous-consent agreement was reached pro- page S4233.) viding for further consideration of the motion to proceed to the consideration of the bill at 10:30 Committee Meetings a.m., on Thursday, April 22, 2004, with 60 minutes for debate, followed by a vote on the motion to in- (Committees not listed did not meet) voke cloture on the motion to proceed to occur at approximately 11:30 a.m. Page S4233 APPROPRIATIONS: MISSILE DEFENSE AGENCY Crime Victims’ Rights—Agreement: A unanimous-consent agreement was reached providing that Committee on Appropriations: Subcommittee on Defense if cloture is not invoked on S. 2290 (listed above), concluded a hearing to examine proposed budget es- Senate begin consideration of S. 2329, to protect timates for fiscal year 2005 for the Missile Defense crime victims’ rights; that the bill be held at the Agency, after receiving testimony from Lieutenant desk; that there be no amendments in order to the General Ronald T. Kadish, USAF, Director, Missile bill; and that there be two hours for debate, followed Defense Agency, Department of Defense. by a vote on final passage of the bill. Page S4233 APPROPRIATIONS: FOREIGN ASSISTANCE Crime Victims’ Rights Constitutional Amend- Committee on Appropriations: Subcommittee on Foreign ment—Agreement: A unanimous-consent agree- Operations concluded a hearing to examine proposed ment was reached providing that the cloture vote on budget estimates for fiscal year 2005 for foreign as- the motion to proceed to consideration of S.J. Res. sistance, including counterterrorism programs, after 1, proposing an amendment to the Constitution of receiving testimony from Ambassador J. Cofer Black, the United States to protect the rights of crime vic- Coordinator for Counterterrorism, Department of tims, scheduled to occur on Thursday, April 22, State; and Andrew S. Natsios, Administrator, U.S. 2004, was vitiated. Page S4233 Agency for International Development. Nominations Confirmed: Senate confirmed the fol- NOMINATIONS lowing nominations: Committee on Banking, Housing, and Urban Affairs: 4 Coast Guard nominations in the rank of admi- Committee concluded a hearing to examine the ral. nominations of Romolo A. Bernardi, of New York, Routine lists in the Coast Guard. Page S4233 to be Deputy Secretary, who was introduced by Sen- Messages From the House: Pages S4222–23 ator Schumer and Representative Walsh, Dennis C. Measures Referred: Page S4223 Shea, of Virginia, to be Assistant Secretary for Policy Development and Research, who was introduced by Measures Held at Desk: Page S4223 Senator Warner and former Senator Dole, and Cathy Executive Communications: Pages S4223–25 M. MacFarlane, of Virginia, to be Assistant Secretary D383

VerDate mar 24 2004 04:14 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D21AP4.REC D21AP4 D384 CONGRESSIONAL RECORD — DAILY DIGEST April 21, 2004

for Public Policy, who was introduced by Senator after receiving testimony from Kenneth M. Pollack Warner, all of the Department of Housing and and Michael E. O’Hanlon, both of the Brookings In- Urban Development. stitution, and General George A. Joulwan (Ret.), RECREATION FEE DEMONSTRATION former NATO SACEAUR, all of Washington, D.C.; PROGRAM Michael Sheehan, New York Police Department, New York, New York; and Ahmed S. Hashim, Committee on Energy and Natural Resources: Sub- United States Naval War College, Newport, Rhode committee on Public Lands and Forests concluded an Island. oversight hearing to examine the implementation of Committee will meet again tomorrow. the Recreation Fee Demonstration Program by the Forest Service and Bureau of Land Management, and STOCK OPTIONS ACCOUNTING POLICY on policies related to the program, after receiving Committee on Governmental Affairs: on Tuesday, April testimony from P. Lynn Scarlett, Assistant Secretary 20, Subcommittee on Financial Management, the of the Interior for Policy, Management, and Budget; Budget, and International Security concluded an Mark Rey, Under Secretary of Agriculture for Nat- oversight hearing to examine supporting and ural Resources and Environment; Carl Wilgus, Idaho strengthening the independence of the Financial Ac- Department of Commerce, Boise, on behalf of the counting Standards Board, focusing on the impor- Western States Tourism Policy Council; Ted Ander- tance of FASB’s independence in setting financial re- son, Skagit County Board of Commissioners of porting and accounting standards, evaluating FASB’s Mount Vernon, Washington, on behalf of the Na- proposal to require mandatory expensing of stock optional Association of Counties and the Washington tions, and determining the economic and account- State Association of Counties; Sue Bray, Good Sam ing/financial reporting impact of expensing stock op- Club, Ventura, California, on behalf of the American tions, after receiving testimony from Senators Boxer Recreation Coalition; Robert Raney, Montana State and Enzi; Robert H. Herz, Financial Accounting Parks Foundation, Livingston; and Edwin Phillips, Standards Board, Norwalk, Connecticut; Paul A. Americans for Forest Access, Big Bear City, Cali- Volcker, International Accounting Standards Com- fornia. mittee Foundation, London, United Kingdom, NAFTA former Chairman, Board of Governors of the Federal Reserve System; Jack T. Ciesielski, R.G. Associates, Committee on Foreign Relations: on Tuesday, April 20, Inc., Baltimore, Maryland; James K. Glassman, Subcommittee on International Economic Policy, Ex- American Enterprise Institute, and Damon Silvers, port and Trade Promotion concluded a hearing to AFL–CIO, both of Washington, D.C.; Donald P. examine a ten year perspective and implications for Delves, Delves Group, Chicago, Illinois; and Mark the future regarding NAFTA, focusing on the eco- G. Heesen, National Venture Capital Association, nomic impact on the economy, impact on Mexico’s Arlington, Virginia. economy and politics and the implications for relations with Mexico, commerce’s role in enhancing BUSINESS MEETING economic opportunities for exporters, and NAFTA’s Committee on Indian Affairs: Committee ordered favor- next decade and the need to focus on economic com- ably reported the following bills: petitiveness in a global economy, after receiving tes- S. 344, expressing the policy of the United States timony from Grant D. Aldonas, Under Secretary of regarding the United States relationship with Native Commerce for International Trade; E. Anthony Hawaiians and to provide a process for the recogni- Wayne, Assistant Secretary of State for Economic tion by the United States of the Native Hawaiian and Business Affairs; A. Ellen Terpstra, Adminis- governing entity, with an amendment in the nature trator, Foreign Agricultural Service, Department of of a substitute; and Agriculture; Hector V. Barreto, Administrator, Small S. 1721, to amend the Indian Land Consolidation Business Administration; and Franklin J. Vargo, Na- Act to improve provisions relating to probate of tional Association of Manufacturers, C. Fred trust and restricted land, with an amendment in the Bergsten, Institute for International Economics, and nature of a substitute. Thea Lee, AFL–CIO, all of Washington, D.C. FEDERAL ACKNOWLEDGMENT PROCESS IRAQ TRANSITION REFORM ACT Committee on Foreign Relations: Committee continued Committee on Indian Affairs: Committee concluded a hearings to examine the current state of society in hearing to examine S. 297, to provide reforms and Iraq, focusing on preparations for a transition to resources to the Bureau of Indian Affairs to improve Iraqi sovereignty on June 30 and what steps are re- the Federal acknowledgment process, after receiving quired to fill out a comprehensive transition plan, testimony from Aurene Martin, Principal Deputy

VerDate mar 24 2004 04:14 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D21AP4.REC D21AP4 April 21, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D385 Assistant Secretary of the Interior for Indian Affairs; tries, Edmond, Oklahoma, former Assistant Secretary Edward Roybal II, Piro/Manso/Tiwa Indian Tribe, of the Interior for Indian Affairs; and Kevin Gover, Pueblo of San Juan de Guadalupe, Las Cruces, New Arizona State University College of Law, Tempe. Mexico; Neal McCaleb, Chickasaw Nation Indus- h House of Representatives linois the ‘‘Senator Paul Simon Federal Building’’— Chamber Action clearing the measure for the President; Measures Introduced: 13 public bills, H.R. Pages H2211–13 4180–4192; and 4 resolutions, H. Con. Res. James V. Hansen Federal Building Designation 407–408, and H. Res. 600–601 were introduced. Act’’: H.R. 3147, amended, to designate the Federal Pages H2264–66 building located at 324 Twenty-Fifth Street in Additional Cosponsors: Pages H2266–67 Ogden, Utah, as the ‘‘James V. Hansen Federal Reports Filed: Reports were filed today as follows: Building’’, by a 2⁄3 yea-and-nay vote of 418 yeas H. Res. 602, providing for consideration of H.R. with none voting ‘‘nay’’, Roll No. 123; 2844, to require States to hold special elections to Pages H2213–15, H2225–26 fill vacancies in the House of Representatives not Addressing the participation of Taiwan in the later than 21 days after the vacancy is announced by World Health Organization: H.R. 4019, amended, the Speaker of the House of Representatives in ex- to address the participation of Taiwan in the World traordinary circumstances (H. Rept. 108–466). Health Organization, by a 2⁄3 yea-and-nay vote of Page H2264 416 yeas with none voting ‘‘nay’’, Roll No. 124; and Speaker: Read a letter from the Speaker wherein he Pages H2215–17, H2226 appointed Representative Bass to act as Speaker Pro Guardsmen and Reservists Financial Relief Act Tempore for today. Page H2203 of 2003: H.R. 1779, to amend the Internal Revenue Chaplain: The prayer was offered today by Rev. Dr. Code of 1986 to allow penalty-free withdrawals from Woodrow Hudson, Chaplain, Georgia Department of retirement plans during the period that a military Corrections in Atlanta, Georgia. Page H2203 reservist or national guardsman is called to active Suspensions: The House agreed to suspend the rules duty for an extended period, by a 2⁄3 yea-and-nay and pass the following measures: vote of 415 yeas with none voting ‘‘nay’’, Roll No. 125. Pages H2217–23, H2226–27 Green Chemistry Research and Development Act of 2004: H.R. 3970, amended, to provide for the Recess: The House recessed at 6:21 p.m. and recon- implementation of a Green Chemistry Research and vened at 7:03 p.m. Page H2261 Development Program, by a 2⁄3 yea-and-nay vote of Senate Message: Message received from the Senate 402 yeas to 14 nays, Roll No. 121; today appears on page H2203. Page H2205–9, H2224 Senate Referral: S. 1814 was referred to the Com- Congressional Medal for Outstanding Contribu- mittees on Resources, Agriculture, and Education & tions in Math and Science Education Act of 2004: the Workforce. Page H2261 H.R. 4030, amended, to establish the Congressional Medal for Outstanding Contributions in Math and Quorum Calls—Votes: Five yea-and-nay votes de- Science Education program to recognize private enti- veloped during the proceedings today and appear on ties for their outstanding contributions to elementary pages H2224, H2224–25, H2225–26, H2226, and and secondary science, technology, engineering, and H2226–27. There were no quorum calls. mathematics education, by a 2⁄3 yea-and-nay vote of Adjournment: The House met at 9 a.m. and ad- 411 yeas to 7 nays, Roll No. 122; journed at 7:04 p.m. Pages H2209–11, H2224–25 Senator Paul Simon Federal Building Designa- tion Act: S. 2022, to designate the Federal building located at 250 West Cherry Street in Carbondale, Il-

VerDate mar 24 2004 04:14 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D21AP4.REC D21AP4 D386 CONGRESSIONAL RECORD — DAILY DIGEST April 21, 2004 MG Buford C. Blount III, USA, Assistant Deputy Committee Meetings Chief of Staff, G–3, both with the Department of INTERIOR APPROPRIATIONS the Army; LTG Edward Hanlon, Jr., USMC, Deputy Committee on Appropriations: Subcommittee on Interior Commandant, Combat Development and Com- continued appropriation hearings. Testimony was manding General, Marine Corps Combat Develop- heard from Members of Congress. ment Command; and BG William D. Catto, USMC, Commanding General, Marine Corps Systems Com- LABOR, HHS, EDUCATION, AND RELATED mand, both with the Department of the Navy. AGENCIES APPROPRIATIONS RAISING ACADEMIC ACHIEVEMENT— Committee on Appropriations: Subcommittee on Labor, IMPORTANCE OF HIGHLY QUALIFIED Health and Human Services, Education, and Related TEACHERS Agencies held a hearing on NIH, with emphasis on Budget/Road Map. Testimony was heard from Elias Committee on Education and the Workforce: Held a hear- A. Zerhouni, MD, Director, NIH, Department of ing on the Importance of Highly Qualified Teachers Health and Human Services. in Raising Academic Achievement. Testimony was heard from public witnesses. TRANSPORTATION, TREASURY AND INDEPENDENT AGENCIES DOD—CURRENT ENVIRONMENTAL ISSUES APPROPRIATIONS AFFECTING READINESS Committee on Appropriations: Subcommittee on Trans- Committee on Energy and Commerce: Subcommittee on portation, Treasury and Independent Agencies held a Energy and Air Quality and the Subcommittee on hearing on the IRS. Testimony was heard from Mark Environment and Hazardous Materials held a joint W. Everson. Commissioner, IRS, Department of the hearing entitled ‘‘Current Environmental Issues Af- Treasury fecting the Readiness of the Department of Defense.’’ Testimony was heard from the following officials of VA, HUD, AND INDEPENDENT AGENCIES the Department of Defense: Raymond DuBois, Dep- APPROPRIATIONS uty Under Secretary, Installations and Environment; Committee on Appropriations: Subcommittee on VA, and BG Louis W. Weber, USA, Director of Train- HUD, and Independent Agencies held a hearing on ing; Marianne Lamont Horinko, Assistant Adminis- NASA. Testimony was heard from Sean O’Keefe, trator, Solid Waste and Emergency Response, EPA; Administrator, NASA. the following officials of the State of Colorado: IRAQ’S TRANSITION TO SOVEREIGNTY Douglas H. Benevento, Executive Director, Depart- ment of Public Health and Environment; and Dan Committee on Armed Services: Held a hearing on Iraq’s Miller, First Assistant Attorney General, Natural Re- Transition to Sovereignty. Testimony was heard from sources and Environmental Section, Department of the following officials of the Department of Defense: Law; and public witnesses. Paul D. Wolfowitz, Deputy Secretary; GEN Richard B. Myers, USAF, Chairman, Joint Chiefs of Staff; FASB STOCK OPTIONS PROPOSAL—EFFECT and Judith Yaphe, Senior Fellow, National Defense ON U.S. ECONOMY AND JOBS University; Mark I. Grossman, Under Secretary, Po- Committee on Financial Services: Subcommittee on Cap- litical Affairs, Department of State; Amatzia Baram, ital Markets, Insurance, and Government Sponsored Resident Fellow, United States Institute of Peace; Enterprises held a hearing entitled ‘‘The FASB Stock and GEN John Keane, USA (ret.), former Vice Chief Options Proposal: Its Effect on the U.S. Economy of Staff, U.S. Army. and Jobs.’’ Testimony was heard from public wit- DOD PERFORMANCE OF ACQUISITION nesses. PROCESS DOD’S COUNTERNARCOTICS Committee on Armed Services: Held a hearing on the Committee on Government Reform: Subcommittee on Performance of the Department of Defense Acquisi- Criminal Justice, Drug Policy and Human Resources tion Process in Support of Force Protection for Com- held a hearing entitled ‘‘DOD’s Counternarcotics: bat Forces. Testimony was heard from the following What Is Congress Getting For Its Money?’’ Testi- officials of the Department of Defense: Michael W. mony was heard from the following officials of the Wynne, Acting Under Secretary (Acquisition, Tech- Department of Defense: Tom O’Connell, Assistant nology, and Logistics); LTG Joseph L. Yakovac, Jr., Secretary, Special Operations and Low Intensity Con- USA, Military Deputy and Director, Army Acquisi- flict; and BG Benjamin Mixon, USA, U.S. Southern tion Corps, Office of the Assistant Secretary of the Command, J–3 Operations Office; and RADM Army (Acquisition, Logistics and Technology); and David Kunkel, USCG, U.S. Pacific Command, J–3

VerDate mar 24 2004 04:14 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D21AP4.REC D21AP4 April 21, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D387 Operations Office, Department of Homeland Secu- 2004 Statutory Deadline for Requiring Foreign Visi- rity. tors to Present Biometric Passports?’’ Testimony was IRAQ OIL-FOR-FOOD PROGRAM heard from Colin L. Powell, Secretary of State; and Tom Ridge, Secretary of Homeland Security. Committee on Government Reform: Subcommittee on National Security, Emerging Threats and Inter- TERRORIST PENALTIES ENHANCEMENT national Relations held a hearing on Iraq Oil-for- ACT Food Program: Starving for Accountability. Testi- Committee on the Judiciary: Subcommittee on Crime, mony was heard from the following officials of the Terrorism, and Homeland Security approved for full Department of State: Patrick F. Kennedy, U.S. Rep- Committee action, as amended, H.R. 2934, Terrorist resentative for United Nations Management and Re- Penalties Enhancement Act of 2003. form, U.S. Mission to the United Nations; and Prior to this action, the Subcommittee held a Robin L. Raphel, Coordinator, Office of Iraq Recon- hearing on this legislation. Testimony was heard struction; Michael J. Thibault, Deputy Director, De- from Representative Carter; Johnny Sutton, U.S. At- fense Contract Audit Agency, Department of De- torney, Western District of Texas, Department of fense; Jeff Ross, Senior Advisor to the Deputy Sec- Justice; and public witnesses. retary, Executive Office for Terrorist Financing and COLORADO RIVER INDIAN RESERVATION Financial Crimes, Department of the Treasury; and BOUNDARY CORRECTION ACT public witnesses. Committee on Resources: Held a hearing on H.R. 2941, PROTECTING OUR NATION’S CYBER SPACE Colorado River Indian Reservation Boundary Correc- Committee on Government Reform: Subcommittee on tion Act. Testimony was heard from Michael Olsen, Technology, Information Policy, Intergovernmental Counselor to the Assistant Secretary, Indian Affairs, Relations and the Census, hearing entitled ‘‘Pro- Department of the Interior; and a public witness. tecting Our Nation’s Cyber Space: Educational TRIBAL FOREST PROTECTION ACT OF 2004 Awareness for the Cyber Citizen.’’ Testimony was heard from Orson Swindle, Commissioner, FTC; Committee on Resources: Subcommittee on Forests and Amit Yoran, Director, National Cyber Security Di- Forest Health held a hearing on H.R. 3846, Tribal rectorate, Department of Homeland Security; and Forest Protection Act of 2004. Testimony was heard public witnesses. from Mark Rey, Under Secretary, Natural Resources and Environment, USDA; and public witnesses. TAIWAN RELATIONS ACT CONTINUITY IN REPRESENTATION ACT Committee on International Relations: Held a hearing on The Taiwan Relations Act: The Next Twenty-Five Committee on Rules: Granted, by a vote of 6 to 3, a Years. Testimony was heard from James A. Kelly, structured rule providing 60 minutes of general de- Assistant Secretary, Bureau of East Asian and Pacific bate on H.R. 2844, Continuity in Representation Affairs, Department of State; Peter W. Rodman, As- Act of 2004, with 40 minutes equally divided and sistant Secretary, International Security Affairs, De- controlled by the chairman and ranking minority partment of Defense; and public witnesses. member of the Committee on House Administration and 20 minutes equally divided and controlled by U.S. AND NORTHERN EUROPE: THE E–PINE the chairman and ranking minority member of the INITIATIVE Committee on the Judiciary. The rule waives points Committee on International Relations: Subcommittee on of order against consideration of the bill for failure Europe held a hearing on the U.S. and Northern Eu- to comply with clause 3(c)(4) of rule XIII (requiring rope: The e-PINE Initiative. Testimony was heard the inclusion of general performance goals and objec- from Heather Conley, Deputy Assistant Secretary, tives in a committee report). The rule provides that Bureau of European and Eurasian Affairs, Depart- the amendment in the nature of a substitute rec- ment of State; and the following Ambassadors to the ommended by the Committee on the Judiciary now United States: His Excellency Jan K. Eliasson, Swe- printed in the bill, modified by the amendment den; and His Excellency Vygaudas Usackas, Republic printed in Part A of the report of the Committee on of Lithuania. Rules accompanying the resolution, shall be considered as an original bill for the purpose of amend- OVERSIGHT—DEADLINE EXTENSION FOR ment, which shall be considered as read. The rule REQUIRING FOREIGN VISITORS TO makes in order only those amendments printed in PRESENT BIOMETRIC PASSPORTS part B of the Rules Committee report accompanying Committee on the Judiciary: Held an oversight hearing the resolution. The rule provides that the amend- entitled ‘‘Should the Congress extend the October, ments made in order may be offered only in the

VerDate mar 24 2004 04:14 Apr 22, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D21AP4.REC D21AP4 D388 CONGRESSIONAL RECORD — DAILY DIGEST April 21, 2004 order printed in the report, may be offered only by COMMITTEE MEETINGS FOR a Member designated in the report, shall be consid- THURSDAY, APRIL 22, 2004 ered as read, shall be debatable for the time specified (Committee meetings are open unless otherwise indicated) in the report equally divided and controlled by the proponent and an opponent, shall not be subject to Senate amendment, and shall not be subject to a demand Committee on Appropriations: Subcommittee on Transpor- for division of the question in the House or in the tation, Treasury and General Government, to hold hear- Committee of the Whole. The rule waives all points ings to examine proposed budget estimates for fiscal year of order against the amendments printed in the re- 2005 for the Federal Aviation Administration, 10 a.m., port. Finally, the rule provides one motion to recom- SD–138. mit with or without instructions. Full Committee, to hold hearings to examine the report of the U.S. Commission on Ocean Policy, 2 p.m., COAST GUARD AUTHORIZATION ACT FOR SD–138. FISCAL YEAR 2005 Committee on Commerce, Science, and Transportation: to hold hearings to examine U.S. Commission on Ocean Pol- Committee on Transportation and Infrastructure: Ordered icy Report, 9:30 a.m., SR–253. reported, as amended, H.R. 3879, Coast Guard Au- Committee on Foreign Relations: to hold hearings to thorization Act for Fiscal Year 2005. examine obstacles and opportunities regarding the Iraq transition, 9:30 a.m., SD–106. GDIP BUDGET Full Committee, to hold hearings to examine the Permanent Select Committee on Intelligence: Met in execu- nominations of Lauren Moriarty, of Hawaii, to be Ambas- tive session to hold a hearing on GDIP Budget. Tes- sador during her tenure of service as United States Senior timony was heard from departmental witnesses. Official to the Asia-Pacific Economic Cooperation Forum, Christopher R. Hill, of Rhode Island, to be Ambassador to the Republic of Korea, Michael W. Marine, of BRIEFING—NARCO–TERROR Vermont, to be Ambassador to Vietnam, and Patricia M. CONNECTIONS Haslach, of Oregon, to be Ambassador to Laos, 1:30 Permanent Select Committee on Intelligence: Sub- p.m., SD–106. committee on Terrorism and Homeland Security met Subcommittee on East Asian and Pacific Affairs, to in executive session to receive a briefing on Narco- hold hearings to examine U.S.-China relations and the Terror Connections. The Subcommittee was briefed status of reforms in China, 2:30 p.m., SD–106. by departmental witnesses. Full Committee, to hold hearings to examine the nominations of Jendayi Elizabeth Frazer, of Virginia, to be Ambassador to South Africa, Jack Dyer Crouch II, of DHS INFRASTRUCTURE PROTECTION Missouri, to be Ambassador to Romania, and Victor Hen- DIVISION derson Ashe, of Tennessee, to be Ambassador to Poland, Select Committee on Homeland Security: Subcommittee 4 p.m., SD- 419. on Cybersecurity, Science, and Research and Devel- Committee on Health, Education, Labor, and Pensions: Sub- opment and the Subcommittee on Infrastructure and committee on Children and Families, to hold hearings to Border Security held a joint hearing entitled ‘‘The examine working parents and their children, 10 a.m., DHS Infrastructure Protection Division: Public-Pri- SD–430. Committee on the Judiciary: business meeting to consider vate Partnerships to Secure Critical Infrastructures’’. S. 1735, to increase and enhance law enforcement re- Testimony was heard from Robert Liscouski, Assist- sources committed to investigation and prosecution of ant Secretary, Infrastructure Protection, Department violent gangs, to deter and punish violent gang crime, to of Homeland Security; Robert Dacey, Director, In- protect law abiding citizens and communities from vio- formational Security Issues, GAO; George C. lent criminals, to revise and enhance criminal penalties Newstrom, Secretary of Technology, State of Vir- for violent crimes, to reform and facilitate prosecution of ginia; and public witnesses. juvenile gang members who commit violent crimes, to expand and improve gang prevention programs, S. Res. 310, commemorating and acknowledging the dedication Joint Meetings and sacrifice made by the men and women who have lost their lives while serving as law enforcement officers, H. ECONOMIC OUTLOOK Con. Res. 328, recognizing and honoring the United States Armed Forces and supporting the goals and objec- Joint Economic Committee: Committee concluded a tives of a National Military Appreciation Month, S. 2270, hearing to examine the outlook for the U.S. econ- to amend the Sherman Act to make oil-producing and ex- omy, after receiving testimony from Alan Greenspan, porting cartels illegal, S. 2107, to authorize an annual ap- Chairman, Board of Governors of the Federal Reserve propriations of $10,000,000 for mental health courts System. through fiscal year 2009, S. 2192, to amend title 35,

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United States Code, to promote cooperative research in- Report on Federal Agencies’ Continuity of Operations volving universities, the public sector, and private enter- Plans, 10 a.m., 2154 Rayburn. prises, H.R. 1561, to amend title 35, United States Code, Committee on International Relations, Subcommittee on with respect to patent fees, S. 1933, to promote effective Africa, hearing on Rwanda’s Genocide: Looking Back; fol- enforcement of copyrights, S. 2237, to amend chapter 5 lowed by a markup of H. Con. Res. 403, Condemning of title 17, United States Code, to authorize civil copy- the Government of the Sudan for its attack against inno- right enforcement by the Attorney General, S. 1932, to cent civilians in the impoverished Darfur region of west- provide criminal penalties for unauthorized recording of ern Sudan, 2 p.m., 2172 Rayburn. motion pictures in a motion picture exhibition facility, to Committee on the Judiciary, Subcommittee on the Con- provide criminal and civil penalties for unauthorized dis- stitution, oversight hearing entitled ‘‘Legal Threats to tribution of commercial prerelease copyrighted works, and Traditional Marriage: Implications for Public Policy,’’ 2 the nominations of Henry W. Saad, of Michigan, to be p.m., 2141 Rayburn. United States Circuit Judge for the Sixth Circuit, Wil- Subcommittee on Courts, The Internet, and Intellectual liam Duane Benton, of Missouri, to be United States Cir- Property, oversight hearing on a proposal to amend the cuit Judge for the Eighth Circuit, Robert Bryan Harwell, Federal Trademark Dilution Act, 10 a.m., 2141 Rayburn. to be United States District Judge for the District of Committee on Resources, Subcommittee on Fisheries Con- South Carolina, George P. Schiavelli, to be United States servation, Wildlife and Oceans, to mark up the following District Judge for the Central District of California, and measures: H.R. 2619, Kilauea Point National Wildlife Curtis V. Gomez, to be Judge for the District Court of Refuge Expansion Act of 2003; H.R. 3378, Marine Tur- the Virgin Islands, 11 a.m., SD–226. tle Conservation Act of 2003; H.R. 4114, Migratory Bird Subcommittee on Immigration, Border Security and Treaty Act of 2004; and H. Res. 431, Honoring the Citizenship, to hold hearings to examine state and local achievements of Siegfried and Roy, recognizing the im- authority to enforce immigration law, focusing on an ap- pact of their efforts on the conservation of endangered proach for stopping terrorists, 2:30 p.m., SD–226. species both domestically and worldwide, and wishing Select Committee on Intelligence: closed business meeting Roy Horn a full and speedy recovery, 10 a.m., 1324 to consider certain intelligence matters, 2:30 p.m., Longworth. SH–219. Subcommittee on National Parks, Recreation and Pub- lic Lands, to mark up the following bills: H.R. 646, To House expand the boundaries of the Fort Donelson National Battlefield to authorize the acquisition and interpretation Committee on Appropriations, Subcommittee on District of lands associated with the campaign that resulted in the of Columbia, on District of Columbia Courts, 10 a.m., capture of the fort in 1862; H.R. 2201. National War 2362A Rayburn. Permanent Tribute Historical Database Act; H.R. 2663, Subcommittee on Labor, Health and Human Services, To authorize the Secretary of the Interior to study the Education, and Related Agencies, on National Institutes suitability and feasibility of designating Castle Nugent of Health, 10 a.m., 2358 Rayburn. Farms located on St. Croix, Virgin Islands, as a unit of April 22, Subcommittee on Legislative, on House of the National Park System; H.R. 2966, Right-to-Ride Representatives and GAO, 1 p.m., H–140 Capitol. Livestock on Federal Lands Act of 2003; H.R. 3768, Committee on Education and the Workforce, Subcommittee Timucuan Ecological and Historic Preserve Boundary Re- on Employer-Employee Relations, hearing entitled ‘‘De- vision Act of 2004; H.R. 3819, Lewis and Clark National velopments in Labor Law: Examining Trends and tactics Historical Park Designation Act of 2004; and H.R. 3874, in Labor Organization Campaigns,’’ 10:30 a.m., 2175 To convey for public purposes certain Federal lands in Rayburn. Riverside County, California, that have been identified for Committee on Energy and Commerce, to mark up the fol- disposal, 10 a.m., 1334 Longworth. lowing measures: H.R. 3866, Anabolic Steroid Control Committee on Small Business, Subcommittee on Regu- Act of 2004; H.R. 2771, To amend the Safe Drinking latory Reform and Oversight, hearing on Small Businesses Water Act to reauthorize the New York City Watershed Creating Jobs and Protecting the Environment, 10:30 Protection Act; and H. Res. 516, Supporting the goals of a.m., 2360 Rayburn. National Manufacturing Week, congratulating manufac- Committee on Transportation and Infrastructure, Sub- turers and their employees for their contributions to committee on Aviation, oversight hearing to Review the growth and innovation, and recognizing the challenges Airport Screener Privatization Pilot Program, 10 a.m., facing the manufacturing sector, 9:30 a.m., 2123 Ray- 2167 Rayburn. burn. Permanent Select Committee on Intelligence, Subcommittee Committee on Government Reform, hearing on Can Federal on Intelligence Policy and National Security, executive, Agencies Function in the Wake of a Disaster? A Status hearing on Global Updates, 9 a.m., H–405 Capitol.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, April 22 9 a.m., Thursday, April 22

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: Consideration of H.R. 2844— morning business (not to extend beyond 10:30 a.m.), Sen- Continuity in Representation Act of 2003 (structured ate will resume consideration of the motion to proceed to rule, one hour of debate). consideration of S. 2290, Asbestos Litigation; with a vote on the motion to invoke cloture on the motion to proceed to consideration of the bill to occur at approximately 11:30 a.m.; if cloture is not invoked, Senate will begin consideration of S. 2329, Crime Victims’ Rights, with two hours for debate, followed by a vote on final passage of the bill.

Extensions of Remarks, as inserted in this issue

HOUSE Harris, Katherine, Fla., E590 Oberstar, James L., Minn., E590 Hart, Melissa A., Pa., E581 Ortiz, Solomon P., Tex., E585, E587, E589 Baldwin, Tammy, Wisc., E583 Jones, Stephanie Tubbs, Ohio, E577 Otter, C.L. ‘‘Butch’’, Idaho, E573, E575 Bilirakis, Michael, Fla., E579 Kaptur, Marcy, Ohio, E592 Pallone, Frank, Jr., N.J., E592 Boehlert, Sherwood, N.Y., E584 King, Steve, Iowa, E581 Pickering, Charles W. ‘‘Chip’’, Miss., E586, E588, E590, Brady, Robert A., Pa., E574, E575, E576 Kleczka, Gerald D., Wisc., E578 E592 Burgess, Michael C., Tex., E574, E575, E591 Langevin, James R., R.I., E579 Portman, Rob, Ohio, E580 Davis, Danny K., Ill., E580 Lantos, Tom, Calif., E585 Price, David E., N.C., E594 Deal, Nathan, Ga., E588 LoBiondo, Frank A., N.J., E586 Rahall, Nick J., II, W.Va., E580 Diaz-Balart, Lincoln, Fla., E585, E586 McCarthy, Karen, Mo., E578 Emanuel, Rahm, Ill., E582 McCrery, Jim, La., E594 Reynolds, Thomas M., N.Y., E593 Etheridge, Bob, N.C., E582 McInnis, Scott, Colo., E574, E576, E576, E578, E579, Rogers, Mike, Ala., E574, E576 Farr, Sam, Calif., E580 E580, E581, E584 Smith, Christopher H., N.J., E588 Frelinghuysen, Rodney P., N.J., E592 Maloney, Carolyn B., N.Y., E585, E587, E589 Tauscher, Ellen O., Calif., E594 Frost, Martin, Tex., E584 Markey, Edward J., Mass., E582 Visclosky, Peter J., Ind., E578 Gallegly, Elton, Calif., E573, E577 Menendez, Robert, N.J., E574, E576, E577 Walsh, James T., N.Y., E581 Gerlach, Jim, Pa., E573 Miller, Jeff, Fla., E577 Waters, Maxine, Calif., E594 Gutierrez, Luis V., Ill., E580 Ney, Robert W., Ohio, E575, E576, E577, E578, E580 Wilson, Heather, N.M., E579

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