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

Vol. 149 WASHINGTON, TUESDAY, SEPTEMBER 9, 2003 No. 123 House of Representatives The House met at 12:30 p.m. and was MILITARY DEATH GRATUITY TAX calling on the House leadership to called to order by the Speaker pro tem- REPEAL bring up H.R. 693, bring it to the floor pore (Mr. COLE). Mr. JONES of North Carolina. Mr. as a stand-alone bill, let us pass it and f Speaker, I came to the floor today be- send it over to the other body, because cause let me first explain the posters if we will do that, Mr. Speaker, I will DESIGNATION OF SPEAKER PRO on my left and right are the faces of go on every radio show I can get on, TEMPORE young men and women who have died every TV show I can get on, and ask The SPEAKER pro tempore laid be- fighting for freedom in Iraq and Af- that we not leave this October/Novem- fore the House the following commu- ghanistan, and also, Mr. Speaker, I ber without passing this bill to elimi- nication from the Speaker: hold up a photograph of a young man nate the tax on the death gratuity. $6,000 is not enough. We need to raise WASHINGTON, DC, from Connecticut whose name is Tyler September 9, 2003. Jordan, 6 years old. He has the Amer- that, but there is one thing we can do, I hereby appoint the Honorable TOM COLE ican flag folded under his arm, and he take off the tax. Again I hold up the photograph of to act as Speaker pro tempore on this day. is looking at the casket of his father this young man, Tyler Jordan, who J. DENNIS HASTERT, who died for freedom. Gunny Sergeant Speaker of the House of Representatives. gave his father to this country, and Phillip Jordan from Connecticut died why in the world should his family, in f for freedom. the year 2004, get a tax due bill from Mr. Speaker, the reason I am on the MESSAGE FROM THE SENATE Uncle Sam? Is not giving the life of a floor today is that last year I intro- loved one fighting for freedom enough? A message from the Senate by Mr. duced a bill that would repeal the tax Monahan, one of its clerks, announced So, again, Mr. Speaker, I ask the on the death gratuity. The American House leadership, both Republican and that the Senate has passed concurrent military family receives when a loved resolutions of the following titles in Democrat, to join me and bring to the one dies a small amount of money. It is floor H.R. 693. Let us repeal this death which the concurrence of the House is $6,000, and there is a tax on $3,000 of the requested: tax and send it over to the other body, $6,000. And last year we passed in a and let us put pressure on them to get S. Con. Res. 64. Concurrent resolution to larger bill a repeal, and it was sent to commend members of the United States it to the President so that the other the other body and they did nothing Phillip Jordans throughout this coun- Armed Forces for their services to the with it. This year again the House has United States in the liberation of Iraq, and try will not have a mother or father for other purposes. passed the same language which was in saying I owe Uncle Sam tax on the gift S. Con. Res. 65. Concurrent resolution to H.R. 693, the Military Death Gratuity of my loved one. commend the Third Infantry Division Tax Repeal, the bill I put in. It was put Mr. Speaker, with that, I want to (Mechanized) of the United States Army for into a larger bill that went to the Sen- close by asking God to please bless our its role in the liberation of Iraq. ate, and they still have taken no ac- men and women in uniform. I ask God f tion. Let me tell the Members what to please bless the families of our men that means. MORNING HOUR DEBATES and women in uniform, and I ask God From September 11, 2001, to Decem- in His loving way to hold in his arms The SPEAKER pro tempore. Pursu- ber 31, 2001, over 292 military were those who have lost ones fighting for ant to the order of the House of Janu- killed and their families paid a tax on freedom, and I ask God to bless the ary 7, 2003, the Chair will now recog- the gift of their son or loved one fight- American people, the House and Senate nize Members from lists submitted by ing for freedom. That is absolutely hor- that we will do what is right. I ask God the majority and minority leaders for rible in my opinion, Mr. Speaker. And to give strength and wisdom to the morning hour debates. The Chair will in the year 2002, 1,007 families had to President of the United States. And I alternate recognition between the par- pay a tax on the death of a loved one. ask God three times, please, God; ties, with each party limited to not to Again, Mr. Speaker, I want to say that please, God; please, God, continue to exceed 30 minutes, and each Member, we, the House, have done our part and bless America. except the majority leader, the minor- we have sent to the other body legisla- f ity leader, or the minority whip, lim- tion to repeal this tax. It is unaccept- ited to not to exceed 5 minutes. able that any family in this country WTO MINISTERIAL The Chair recognizes the gentleman who has a loved one who has died for The SPEAKER pro tempore. Pursu- from North Carolina (Mr. JONES) for 5 freedom would get a bill tax due from ant to the order of the House of Janu- minutes. Uncle Sam. And, Mr. Speaker, I am ary 7, 2003, the gentleman from Ohio

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

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VerDate jul 14 2003 05:11 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A09SE7.000 H09PT1 H8020 CONGRESSIONAL RECORD — HOUSE September 9, 2003 (Mr. BROWN) is recognized during morn- World Trade Organization, and do so in Mr. Speaker, it is clearly the belief of ing hour debates for 5 minutes. a way that benefits all of the WTO na- these women that ultrasound provides Mr. BROWN of Ohio. Mr. Speaker, we tions, not just the most powerful and understanding, not uncertainty. It is have seen little press coverage in the the richest countries. with this new information in mind that United States of the World Trade Orga- While different developing nations I remind my colleagues about my bill, nization before its ministerial begin- have different ideas about fair trade, H.R. 195, ‘‘The Informed Choice Act.’’ I ning this week in Cancun, Mexico. But they are united in opposing any expan- have introduced this legislation au- around the globe, the WTO’s 5th Min- sion of the WTO into these new areas thorizing HHS to establish grants for isterial is a big story. The divide be- outside of just trade. When the Uru- which nonprofit health clinics could tween WTO nations about its future is guay Round in 1994 created the WTO, apply and, if awarded, purchase the coming into public view. At stake in developing countries were promised needed ultrasound equipment. Many Cancun is the future of the World major gains. They were promised that uninsured women are prohibited from Trade Organization and how it will im- industrialized nations would lower and finding the health care they need be- plement corporate globalization. Suc- eventually eliminate tariffs on items cause the free health clinics to which cess or failure depends on which side of like textiles and apparel and cut agri- they have access are unable to provide the divide countries stand. Given that culture subsidies that have enabled medical services because of the lack of the most powerful countries of the huge agribusinesses to dominate the funds to purchase such medical equip- WTO, partnering with the supposedly world market. They were promised the ment. The mother is, therefore, forced neutral WTO Secretariat, have set the WTO would be good for development in to wander from one clinic to another in meeting’s agenda to suit their goals. the poor countries. Newspapers and search of the services that she so des- There can be no good outcome. opinion shapers largely endorsed the perately needs. Enabling these health The best result is what the U.S. ideas and promoted it. clinics to purchase ultrasound equip- media may report as a ‘‘failure.’’ The As the WTO, however, moves forward ment would be a persuasive push in the small block of powerful nations fail to on new issues of negotiations, these direction of transitioning from a steamroll the majority of the WTO’s promises remain utterly unfulfilled. If health clinic to a medical facility. members who are developing nations, the WTO is to maintain trade credi- The advantages of ultrasound are and the summit ends in deadlock. The bility as a trade organization rather many. It is fast and relatively cheap, costing about $50 per exam. Ultrasound problem is that the U.S., the European than evolving into the CHO, the Cor- exams are performed at about 10 to 14 Union, Japan, and a handful of other porate Handout Organization, it must weeks of the pregnancy and are consid- rich nations want the WTO to be ‘‘the revisit the issues that affect developing ered the best way to gauge growth be- constitution for a single global econ- nations before adding to its agenda and fore birth. Ultrasound can diagnose omy,’’ a description that the first WTO it must stop pandering to the largest, heart problems in the unborn child, Director General famously uttered in a most powerful multinational corpora- find neural tube defects including spina moment of unguarded candor. tions in the world. bifida, and determine the position of They want the WTO to enforce one- f size-fits-all rules on an array of issues the placenta. There is even now an ranging far beyond trade which all ULTRASOUND SURVEY RESULTS ultrasound piece of equipment that can provide a 3–D image that can rotate 360 WTO countries must adopt as their do- The SPEAKER pro tempore. Pursu- degrees to see all sides of the baby. mestic practices. These broad WTO ant to the order of the House of Janu- My legislation will ensure that doc- ary 7, 2003, the gentleman from Florida rules would implement worldwide what tors can provide critical information to (Mr. STEARNS) is recognized during has become known as the ‘‘Washington mothers in the decision-making proc- morning hour debates for 5 minutes. Consensus.’’ ess regarding their pregnancies. Noth- While this agenda has proven to be a Mr. STEARNS. Mr. Speaker, I come ing in my bill makes ideology regard- devastating failure; its agenda of elimi- to the House floor to talk about my ing abortion a condition for the grant. nating a role for Government and pub- bill H.R. 195, which is the Informed Whether a center offers abortion or lic interest regulation of the market, Choice Act. The results of a recent sur- abortion alternatives, the clinic is eli- vey commissioned by Care Net of 802 establishing new property rights and gible so long as it meets the criteria female registered voters nationwide protections for corporate interests, of set forth in the bill. creating tradable units out of vital unequivocally demonstrate that In the controversy today over abor- public services, privatizing water, sup- women coast to coast, and from all tion in America, emotionally charged plies, all of that, genetic materials and walks of life, agree that providing rhetoric clouds the issue and does dam- common resources, is at the heart of ultrasound technology for women’s age, I think, to the efforts made on be- the WTO, which currently enforces 18 health centers is an important and half of mother and child. No matter expansive agreements implementing worthwhile cause. It is clear that these one’s conviction concerning abortion, this version of corporate-led women view ultrasound as an essential we can all agree that the mother de- globalization. Yet to the world’s larg- resource for women who are faced with serves as much information as is avail- est corporations and their client gov- unplanned pregnancies and the related able in making this solemn decision. ernments, this is only the beginning. decision to either terminate or to con- Information is the best weapon in dif- The U.S., the European Union, Japan, tinue that pregnancy. fusing the volatile discussion and re- and others are pushing for decisions in Nearly nine in 10, 87 percent of turning us to our first concern, which Cancun to add to the WTO extreme women, said it is important for non- is the health of the mother and child. terms that are now only contained in profit women’s health centers to pro- The ultrasound equipment is a valuable the clearly failed North American Free vide ultrasound services, including a tool in expanding the debate beyond Trade Agreement. These new issues in- considerable majority, 64 percent, who traditional platitudes on both sides of clude expansive new investor rights, believe this is a very important pri- the argument. rules on government procurement ority. Modern medicine has provided us eliminating local or environmental A majority of female registered vot- with a window into the womb. These preferences, undercutting domestic en- ers believe that women facing crisis advances in technology empower vironmental food safety laws, and new pregnancies would benefit from having women with as much information as rights for foreign service corporations access to ultrasound. Over half, 51 per- possible regarding their pregnancy. to turn Government services such as cent of those surveyed, said that The goal of my legislation is to provide water treatment facilities, how we get women who are considering abortions women who find themselves with an our water, into for-profit foreign or do- should have access to ultrasound con- unplanned pregnancy with the full mestic corporations. sistent with the rest of the prior to fi- scope of information such that they Meanwhile, an increasingly consoli- nalizing their decisions. In contrast, may finally make an informed choice. dated block of developing nations have just 31 percent claim that seeing an This bill is about the dissemination a different view. These nations want image of what is inside would make of information. The bill is about ex- the WTO to deal simply with trade, such a decision more difficult. tending more free services to women

VerDate jul 14 2003 00:55 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.003 H09PT1 September 9, 2003 CONGRESSIONAL RECORD — HOUSE H8021 and about making available this vital deal with Saddam? What was so threat- fore the war: ask the tough questions, technology to the very poor women as ening to our country that made this demand the straight answers, and de- well as to the rich. Congress spend only 1 day, 1 day debat- bate thoughtfully the implications of So in conclusion, Mr. Speaker, there ing the authorization authorizing war? what we are doing. We must be more are times when people of good faith As of today, 284 brave young Ameri- than a rubber stamp, and I would urge who differ on an issue can come to- cans have lost their lives and 1,450 have my colleagues respectfully to proceed gether and find a place to agree. I be- been wounded. And in preparation for with caution. lieve my legislation, H.R. 195, brings us this war, this Chamber could only man- f beyond the shrill arguments regarding age to devote a single day in October abortion and makes a meaningful ef- debating it. That is shameful. PRESCRIPTION DRUG BENEFIT fort to care for the mother and the Now the President says he wants an- The SPEAKER pro tempore. Pursu- child. other $87 billion and expects everyone ant to the order of the House of Janu- f to just go along, no questions asked. ary 7, 2003, the gentleman from New Mr. Speaker, like so many people Jersey (Mr. PALLONE) is recognized THE TIME FOR TRUTH AND throughout this country, I have a lot of during morning hour debates for 5 min- CANDOR questions and I am not prepared to just utes. The SPEAKER pro tempore. Pursu- go along. I want to make sure that Mr. PALLONE. Mr. Speaker, my in- ant to the order of the House of Janu- American troops have all the resources tention is to talk about the need for a ary 7, 2003, the gentleman from Massa- they need and I am not advocating that prescription drug benefit for seniors chusetts (Mr. MCGOVERN) is recognized we walk away from our obligation to under Medicare, but when I listened to during morning hour debates for 5 min- the people of Iraq. However, I also want the previous speaker, the gentleman utes. to make certain that the hard-earned from Massachusetts (Mr. MCGOVERN), Mr. MCGOVERN. Mr. Speaker, Presi- tax dollars of the American people are he made it a point about the Presi- dent Bush’s televised speech on Sunday not wasted on more of the same. I have dent’s speech on Sunday night about night, calling for tens of billions of dol- no problem with helping Iraq build hos- how this $87 billion in new funding that lars in additional funding to support pitals, health clinics, schools, roads the President is requesting for Iraq is the U.S. occupation of Iraq, was ex- and housing. But I do have a problem going to have a direct impact on do- tremely disappointing, disappointing with the lack of support by this admin- mestic programs, and I have to say it because the President failed to explain istration for the building of hospitals was very disturbing to me today to to the American people the details on and health clinics, schools, roads, and read in the New York Times in the lead how he is going to change this failing housing right here in the United story on the front page that some Re- policy. States. publicans were suggesting that because It is clear that his administration Why did the President not tell us on of the additional needs for Iraq as out- rushed to war with too little thought Sunday that in the face of this enor- lined in the President’s speech that given to the implications of an Amer- mous price tag, he is willing to forego maybe some of them would now recon- ican occupation of Iraq. We were not his tax cut for millionaires so that we sider whether they would support a welcomed with open arms as some ad- can avoid going deeper into debt? If prescription drug benefit for seniors. ministration officials have predicted. this is a time for sacrifice, then why do Let me tell the Members the Repub- On the front page of today’s Wash- the people in the income bracket of lican leadership in this House as well ington Post is an article entitled ‘‘Spy President Bush and Vice President as the President have been saying for Agencies Warned of Iraq Resistance,’’ CHENEY not have to make any sac- over 2 years that they are going to pro- detailing how U.S. intelligence agen- rifice? I cannot vote for 87 billion addi- vide a prescription drug benefit for sen- cies warned the Bush Administration tional dollars without some account- iors and there is no reason not to do it. before the war that there would be sig- ability and some clarification. What is The notion that somehow now we do nificant armed opposition to a U.S.-led the plan? How long are we going to be not have enough money for it is bogus, occupation. In all the many briefings I there? Eighty-seven billion dollars is given the fact that the Republicans attended, I do not recall any adminis- for just 1 year. What about next year or passed all these tax cuts, a series of tration official sharing that informa- the year after that? How is the $87 bil- three tax cuts that now have put us tion. We have not found the weapons of lion going to be spent? How were the into a deficit. In addition to that, the mass destruction that we were told ex- $79 billion we appropriated in April fact of the matter is if they were will- isted in such abundance. spent? We are now at $166 billion and ing, which they have not been, to pro- And while the administration con- counting. vide some kind of cost controls or some tinues to link Iraq to the terrible trag- The President wants us to spend $87 requirement that part of the Medicare edy of September 11, so far it has pro- billion more mostly for Iraq. For prescription drug program would as- duced no evidence to support such a months some of us have been trying to sume that the Secretary would nego- claim. In fact, the occupation of Iraq get just $1.8 billion more for our vet- tiate lower prices for discounts, we has increased the terrorist presence in erans’ health care only to be told by would be able to afford a good prescrip- that country, not lessened it. the administration that there is not tion drug benefit. On Sunday night President Bush had enough money. We have been trying to I do not want to hear and I am not the opportunity to tell the American get $7 billion so that the Pell grant willing to listen to those Republicans people of his plan, including his exit program fully lives up to its promise who are going to tell us over the next strategy for the brave American men and students are not buried under a few months that we cannot afford a and women who are serving in Iraq mountain of debt. The administration prescription drug benefit. It is their with such incredible distinction. In- says no. We have been trying to get own policies that have put us into this stead, the President detailed nothing. just $300 million to fund the Global deficit situation. It is their own poli- This is a war that should never have Food for Education Initiative, to pro- cies that make it difficult for us to ne- happened. As awful as Saddam Hussein vide a nutritious meal in a school set- gotiate any kind of price reductions or was, he was not an imminent or direct ting for millions of children, but the put any kind of price controls in effect threat to the people of the United administration tells us that the money because they oppose it ideologically. States. Months into the war, the Con- just is not there. It is interesting because earlier this gress and the American people are still The American people need to know week there was another article in New waiting to hear a clear, consistent and what is at stake here. They need to York Times that talked about the VA convincing justification for it. Why did know about the choices the adminis- programs and how successful the vet- we need to invade Iraq? What was so tration is asking us to make. This is a erans program has been in trying to urgent that it required us to go to war time for truth and candor. We have had keep costs down for prescription drugs, when we did? Why could we not have enough spin. We have had enough de- and that is because they negotiate spent the necessary time to build an ception. This is also the time for this price reductions. They insist as part of international consensus on how to best Congress to do what it failed to do be- the VA program that when they buy

VerDate jul 14 2003 00:55 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.030 H09PT1 H8022 CONGRESSIONAL RECORD — HOUSE September 9, 2003 drugs in bulk that they get a discount have to join an HMO to get their pre- tiple measures in assessing a school’s price. We should be doing the same scription drug benefit and that we success or failure, it provides no bal- thing here for seniors in general. We should not be moving down the road of ance. should provide a prescription drug ben- privatizing Medicare, and we need to Test scores are always a prerequisite efit that takes care of all seniors, re- pass that motion, but we also need to for a school’s success, and other indica- gardless of their income as long as they have some kind of way of dealing with tors cannot be used to help a school are eligible for Medicare and also a pre- the issue of price. Otherwise, we are succeed even though they can be used scription drug program that goes di- never going to be able to afford this to determine whether or not a school is rectly to the issue of price by saying prescription drug benefit. sanctioned. This has very troubling that the Medicare administrator, the f consequences. For example, since Secretary of Health and Human Serv- schools cannot succeed by reducing INTRODUCTION OF THE STUDENT ices, should be empowered and should dropout rates but they can incur sanc- TESTING FAIRNESS ACT be mandated to reduce prices by nego- tions if their test scores fail to show tiating price reductions because he now The SPEAKER pro tempore. Pursu- consistent annual improvement, they represents 40 million seniors who are ant to the order of the House of Janu- have little incentive to keep at-risk part of the Medicare program. ary 7, 2003, the gentleman from Ohio students who are more likely to get Instead, the Republicans, because I (Mr. STRICKLAND) is recognized during lower test scores from leaving school. know the conference is now going on morning hour debates for 5 minutes. The Student Testing Fairness Act between the House and Senate versions Mr. STRICKLAND. Mr. Speaker, last will give schools and teachers and stu- of this Medicare prescription drug bill, spring I received an e-mail from a sixth dents the flexibility to measure we hear the Republicans still insisting grade math teacher by the name of progress using more than just a single on the fact that they want to privatize Dawn Spurr. Dawn teaches in a small standardized test. Among several other Medicare, give senior citizens a vouch- town in my district, and she wrote to provisions, my bill will give schools er, and tell them that they have to go me just after she had given her stu- credit for any student improvement, out and buy private insurance at some dents a standardized test that she did not just improvement that brings a point in the future if they want to con- not feel fairly measured her students’ subgroup of students into the pro- tinue with their Medicare program in progress. She told me that several of ficiency category. And my bill will en- general. And then we are told that if her students were very upset. Some sure that help is targeted where it is they want to get any kind of prescrip- even left the classroom in tears be- needed by limiting public school choice tion drug program under the Repub- cause they simply did not have enough and supplemental services to those sub- lican proposal, that they have to join time to finish the test even though she groups of students who have failed to an HMO because if they do not join an felt they knew the answers, and she improve. HMO or some kind of private program, was upset as a teacher because she will Standardized tests can work, but they will not get the prescription drug be judged based on how well her stu- they are not the only answer, and I benefit. That is bogus. dents perform on that test. As a result, hope my colleagues will join me in en- Today in the New York Times there she said in her letter, Congressman, suring that the educational reforms en- was an article on page A–21 where they ‘‘instead of teaching students, I am to acted by the No Child Left Behind bill talked about fewer people on Medicare teach a test.’’ are truly effective by passing the Stu- are being dropped by HMOs this year As a result of this e-mail I received, dent Testing Fairness Act into law. and the head of the Trade Association today I am introducing a bill titled The Mr. Speaker, we have passed huge for HMOs was so proud of the fact that Student Testing Fairness Act. This bill mandates from the Federal Govern- this year, or I guess next year, they es- will address some of the problems with ment down to the States. We are timate that only 39,000 to 40,000 Medi- all of the new testing mandates con- underfunding those mandates by $8 bil- care beneficiaries will be dropped by tained in the No Child Left Behind law. lion. As a result, students will drop out their HMOs. So what? What about the Even though the test Dawn gave her and teachers and schools will be un- fact that so many other seniors have students was not one mandated by the fairly punished. been dropped by their HMOs in the last No Child Left Behind law, the law does few years? It is estimated in this arti- mandate certain standardized testing f cle that only about 11 percent of the 40 procedures which will make the situa- RECESS million seniors are now in HMOs or tion even worse. The SPEAKER pro tempore. Pursu- getting some kind of a drug benefit The No Child Left Behind law estab- ant to clause 12(a) of rule I, the Chair through their HMO. How in the world lishes two important goals: First, the declares the House in recess until 2 are the Republicans going to propose law requires schools to make all stu- p.m. today. saying that the only way they get a dents proficient in reading and math Accordingly (at 1 o’clock and 2 min- prescription drug benefit is if they join by the year 2013–2014 school year. And, utes p.m.), the House stood in recess an HMO, when only about 11 percent second, the law requires schools to until 2 p.m. right now of seniors are in HMOs and close the achievement gap between fewer and fewer every day because even subgroups of poor and minority stu- f with this drop in the number that are dents and their more affluent non- b 1400 essentially being dropped, there is still minority peers. The No Child Left Be- AFTER RECESS another 40,000 that will not be able to hind law requires annual testing in keep their HMO as a means of con- reading and math of all students in The recess having expired, the House tinuing with their Medicare? grades three through eight and once in was called to order by the Speaker pro The bottom line is, and this is what grades ten through 12 beginning in the tempore (Mr. BURGESS) at 2 p.m. the Democrats have said, there is an 2005–2006 school year. f obligation on this Congress and this Mr. Speaker, effective and appro- President to pass a prescription drug priate standardized tests can be used to PRAYER bill that provides a prescription drug measure student progress and to target The Chaplain, the Reverend Daniel P. benefit to all seniors, whether or not help where it is most needed. However, Coughlin, offered the following prayer: they are in an HMO or not, and the test scores alone cannot accurately God of mercy and love, You offer all Medicare prescription drug proposal measure a student’s success or a peoples of the Earth the dignity of should not be used as an excuse to pri- school’s success. Other measures such sharing in Your life. vatize Medicare in general. as attendance rates, dropout rates, and Strengthen the people of this Nation There is going to be a motion to in- the percentage of students taking ad- to overcome all racial hatreds and reli- struct this week. I believe it is going to vanced placement tests all contribute gious prejudices that we may truly be be proposed by my colleague from to the overall picture of a school’s suc- one Nation under God enlightened and Maine, to make the point that the con- cess or failure. While the No Child Left free; a real witness of inner freedom to ferees should not require people to Behind law does allow the use of mul- the world.

VerDate jul 14 2003 00:55 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.005 H09PT1 September 9, 2003 CONGRESSIONAL RECORD — HOUSE H8023 May the Members of the House of 19th Founder’s Week and Church Anni- I will continue to work hard and do every- Representatives be united in enacting versary Services for the New Covenant thing I can to strengthen this program, and I laws and formulating policies that as- Assembly Christian Ministry of Colum- ask my House colleagues to do everything as sure everyone equal justice under the bia, South Carolina. well. law. This we ask and for this we are Led by Pastor C.L. Hardy and his f eternally grateful and praise You Lord first lady, Cynthia Hardy, this min- DEMOCRACY MEANS YOU now and forever. Amen. istry has risen from humble beginnings in 1984 at St. Andrews Community Cen- f (Mr. PITTS asked and was given per- ter to an inspiring edifice changing mission to address the House for 1 THE JOURNAL lives across the midlands of South minute and to revise and extend his re- The SPEAKER pro tempore. The Carolina. marks.) Chair has examined the Journal of the Additionally, Dr. Hardy founded the Mr. PITTS. Mr. Speaker, my office, last day’s proceedings and announces NCA Community Development Center. just like any other office here on the to the House his approval thereof. Its mission is to aid, service, and de- Hill, responds to thousands of con- Pursuant to clause 1, rule I, the Jour- velop people to reach their highest and stituent concerns each month. We nal stands approved. fullest potential by providing special spend a great deal of time responding outreach programs, promoting edu- f in a timely planner to these letters, e- cational success, and by enhancing per- mails, and phone call requests; and this PLEDGE OF ALLEGIANCE manent leadership. give and take is the hallmark of our Dr. Hardy’s success has been recog- The SPEAKER pro tempore. Will the democracy. nized by his appointment as Suffrogan gentleman from South Carolina (Mr. Lately, I have been receiving more Bishop in region three of the Pente- BROWN) come forward and lead the costal Assemblies of the World and his and more letters and e-mails sent by House in the Pledge of Allegiance. election as chairman of the Carolina organizations supposedly on behalf of Mr. BROWN of South Carolina led State Council. However, as Dr. Hardy my constituents. One of these organi- the Pledge of Allegiance as follows: often says, ‘‘It’s all about the Lord, not zations recently sent a letter to my of- I pledge allegiance to the Flag of the me.’’ fice from one of my constituents. The United States of America, and to the Repub- I ask my colleagues to join me in problem is that this constituent is a lic for which it stands, one nation under God, honoring Dr. and Mrs. Hardy for their personal friend of mine who did not ask indivisible, with liberty and justice for all. many achievements and wish them them to send a letter to me with his f well for many more years of dedicated name on it. In fact, he did not even HOMETOWN HERO service to the people of both Carolinas. agree with the content of the letter. He f simply signed up to receive e-mail up- (Mr. BROWN of South Carolina asked dates. He told me in an e-mail last and was given permission to address SUPPORTING THE AMERICORPS month that ‘‘every week this group the House for 1 minute and to revise PROGRAM would send junk to the people on their and extend his remarks.) (Ms. EDDIE BERNICE JOHNSON of list, and then ask you to forward it to Mr. BROWN of South Carolina. Mr. Texas asked and was given permission your politicians. What a scam. I never Speaker, over the years the first dis- to address the House for 1 minute and forwarded any of that garbage.’’ Yet trict of South Carolina has been home to revise and extend her remarks.) one of those messages got to me with to many heroes. I would like to thank Ms. EDDIE BERNICE JOHNSON of his name on it. one of them today. Texas. Mr. Speaker, I rise today in sup- It is outrageous that any group Brigadier General Jerry Black re- port of AmeriCorps, a program that of- would send mass mailings to Members tired this Sunday after 36 years of dis- fers an opportunity for young people of Congress under false pretenses, de- tinguished service in the U.S. Air and Americans of all ages to contribute ceptively putting someone’s name on it Force and Air Force Reserve. to their communities. It makes the without their knowledge or consent. A low country native, General Black dream of college education a reality for We rely on the integrity of the mail so graduated from St. Andrews High families who work hard and play by the that we can reply in good faith; and School and the Citadel. From there the rules while meeting compelling human when that good faith is undermined, it Air Force sent him all over the world. needs in our communities in a cost-ef- is shameful and a disgrace to the From pilot training in Texas to serv- fective manner. American democratic system. ice in Vietnam, from Panama to the I have been supportive of all national f Middle East, in peacetime and in war, and community service initiatives General Black was always eager to an- President Bush appealed for in his 2002 TRANSPORTATION, TREASURY, swer his country’s call to duty. State of the Union address. But the AND INDEPENDENT AGENCIES Most recently, General Black served majority side of the appropriators re- APPROPRIATIONS ACT, 2004 fused to include AmeriCorps funding in as the wing commander for the 315th The SPEAKER pro tempore (Mr. Air Wing in Charleston Air Force Base. the supplemental appropriations bill. Mr. Speaker, the lack of supple- BURGESS). Pursuant to House Resolu- It was here that I had the pleasure to mentary funding for AmeriCorps has tion 351 and rule XVIII, the Chair de- meet with him on several occasions. I had a vital impact on Dallas, my home- clares the House in the Committee of can personally attest to the many long town, and the other AmeriCorps pro- the Whole House on the State of the hours he dedicated to ensure success in grams across the State. Union for the further consideration of both Afghanistan and Iraq. Throughout the past year, nearly 72 the bill, H.R. 2989. General Black leaves behind a legacy AmeriCorps volunteers have tutored b 1412 of dedication, selflessness, and integ- 691 youths in the State of Texas includ- rity. Our country is better for his serv- ing the Dallas Habitat for Humanities IN THE COMMITTEE OF THE WHOLE ice, and the first district is proud of and the YMCA of Dallas Oak Cliff Accordingly, the House resolved this hometown hero. Branch. itself into the Committee of the Whole f In Texas, as in other States, House on the State of the Union for the AmeriCorps volunteers provide a host further consideration of the bill (H.R. CELEBRATING THE 19TH ANNIVER- of services including building afford- 2989) making appropriations for the De- SARY OF NEW COVENANT AS- able housing, teaching computer skills partments of Transportation and SEMBLY CHRISTIAN MINISTRY to youth and seniors, and managing Treasury, and independent agencies for (Mr. WILSON of South Carolina after-school programs aimed at young- the fiscal year ending September 30, asked and was given permission to ad- sters who might otherwise drop out of 2004, and for other purposes, with Mr. dress the House for 1 minute and to re- school. DREIER in the Chair. vise and extend his remarks.) Mr. Speaker, we will not find common The Clerk read the title of the bill. Mr. WILSON of South Carolina. Mr. ground or reach higher ground if we turn na- The CHAIRMAN. When the Com- Speaker, this past weekend marked the tional service into a partisan playground. mittee of the Whole rose on Thursday,

VerDate jul 14 2003 00:55 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.007 H09PT1 H8024 CONGRESSIONAL RECORD — HOUSE September 9, 2003 September 4, 2003, the amendment by I certainly appreciate his desire, but building or public work unless section 3 of the gentleman from Tennessee (Mr. let me state that what we have done in the Buy American Act (41 U.S.C. 10b) is ap- COOPER) had been disposed of, and the the bill is to go through and tighten plied to such contract by substituting ‘‘at bill was open for amendment from page and clamp down on everything that it least 65 percent’’ for ‘‘substantially all’’. 53, line 3 through page 157, line 2. was in my power to do, Mr. Chairman. The CHAIRMAN. Pursuant to the order of the House of September 4, 2003, Pursuant to the order of the House of b 1415 that day, no further amendment to the the gentleman from Illinois (Mr. MAN- bill shall be in order except the amend- In doing so, we have tried to put as ZULLO) and the gentleman from Massa- ments designated in the order of the much money as possible where I be- chusetts (Mr. OLVER) each will control House, which may be offered only by lieve we have some of the greatest need 5 minutes. the Member designated in the request, in this country and where the tax- Mr. OLVER. Mr. Chairman, I reserve or a designee, shall be considered read, payers have been paying through their a point of order. shall be debatable for the time speci- fuel taxes at the gasoline and the diesel The CHAIRMAN. A point of order is fied in the request, equally divided and pump, namely, the highway construc- reserved. controlled by the proponent and an op- tion program, which has a great back- The Chair recognizes the gentleman ponent, shall not be subject to amend- log. It, unfortunately, would be af- from Illinois (Mr. MANZULLO). ment, and shall not be subject to a de- fected most heavily by the gentleman’s Mr. MANZULLO. Mr. Chairman, I mand for a division of the question. amendment. Some $428 million from yield myself such time as I may con- highway construction programs would sume. AMENDMENT NO. 6 OFFERED BY MR. HEFLEY be lost under the gentleman’s amend- Mr. Chairman, in a couple of minutes Mr. HEFLEY. Mr. Chairman, I offer ment. That would greatly diminish our when I finish speaking, I will move to an amendment. withdraw my amendment from the The CHAIRMAN. The Clerk will des- ability to work upon the $400 billion floor and acknowledge the propriety of ignate the amendment. backlog that we have throughout the the point of order and the cir- The text of the amendment is as fol- country, the tens of thousands of dan- cumstances. lows: gerous bridges that we are trying to address through the funding in this This amendment would increase the Amendment No. 6 offered by Mr. HEFLEY: American-made content of the equip- At the end of the bill (before the short bill. title), insert the following: There are other impacts upon other ment purchased under the bill from 50 SEC. ll. Total appropriations made in agencies, but most especially, it would to 65 percent. This modest increase will this Act (other than appropriations required affect the highway program which we strengthen the job-creation benefits of to be made by a provision of law) are hereby have gone to great lengths to adjust the bill. I am all for having a strong reduced by $893,000,000. priorities in this bill to try to give the construction industry in America, and The CHAIRMAN. Pursuant to the taxpayers something for what they the infrastructure funded by this bill order of the House of September 4, 2003, have been paying at the gasoline pump, will provide many jobs in that indus- the gentleman from Colorado (Mr. namely, some improvements in the try. At the same time, I want to give HEFLEY) and a Member opposed each road situation that is costing tax- our manufacturing industry the same will control 5 minutes. payers billions of dollars a year in lost boost. Our Nation’s industrial workers The Chair recognizes the gentleman income and in delays due to the heavy deserve no less, and their need for help from Colorado (Mr. HEFLEY). amount of congestion and difficulty is great. Mr. HEFLEY. Mr. Chairman, I yield they have in traffic. The Washington Post said on Sep- myself such time as I may consume, So I have great sympathy for the pro- tember 3, 2003, ‘‘In his Labor Day ad- and I will not take the 5 minutes. I will posal that the gentleman offers, but I dress, the President signaled that the try to make this as quick and painless rise in opposition to this amendment. loss of 2.6 million manufacturing jobs as possible in deference to our chair- Mr. Chairman, I yield back the bal- during his administration had moved man here. ance of my time. to the top of his list of domestic policy Mr. Chairman, I rise today to offer an The CHAIRMAN. The question is on concerns.’’ amendment to cut by 1 percent the the amendment offered by the gen- In 1981 Rockford, Illinois, which I level of funding in the appropriations tleman from Colorado (Mr. HEFLEY). have the privilege to represent, had an bill, which amounts to $893 million. As The question was taken; and the unemployment rate of 25 percent, the most Members are aware, I have intro- Chairman announced that the noes ap- highest in the Nation. Today it is duced similar amendments to appro- peared to have it. around 11 percent, and I do not want to priations bills. The same tiny 1 percent Mr. HEFLEY. Mr. Chairman, I de- see a recurrence of 1981. This summer translates to one penny of every dollar mand a recorded vote. we lost two more factories. We are in we spend. Some might ask what we get The CHAIRMAN. Pursuant to clause danger of seeing our industrial base ir- for this penny. My amendments would 6 of rule XVIII, further proceedings on reparably harmed. Many of these well- have saved over $3 billion. the amendment offered by the gen- paying jobs are leaving forever. How do Mr. Chairman, I think the committee tleman from Colorado (Mr. HEFLEY) we get back the jobs once they are has done a good job; but we do have a will be postponed. moved to a foreign-producing country? deficit crisis, I think, and we need to AMENDMENT NO. 1 OFFERED BY MR. MANZULLO In August, manufacturing employ- deal with it. I think now is the time to Mr. MANZULLO Mr. Chairman, I ment declined again for the 37th con- deal with it, and this is one little way offer an amendment. secutive month. That is a record. That we can approach that. The CHAIRMAN. The Clerk will des- is another 44,000 manufacturing jobs Mr. ISTOOK. Mr. Chairman, I claim ignate the amendment. erased from the payroll. the time in opposition to the amend- The text of the amendment is as fol- For the first time in our Nation’s his- ment. lows: tory, we have fewer than 10 percent of Mr. Chairman, with all due respect to our jobs in the manufacturing sector of Amendment No. 1 offered by Mr. MAN- the gentleman from Colorado, and de- ZULLO: the labor force. That means fewer em- spite my great sympathy with his At the end of the bill (before the short ployees at any time since 1961 when the amendment, I cannot support it. The title), insert the following: U.S. population was 100 million small- amendment seeks to make across-the- SEC.ll. None of the funds made available er. Manufacturing & Technology News board cuts in this bill, which we have in this Act may be used— said on May 16, 2003, ‘‘The U.S. manu- carefully crafted to try to balance pri- (1) to acquire manufactured articles, mate- facturing sector is now producing 1 bil- orities. That means that had we re- rials, or supplies unless section 2 of the Buy lion per day less than its own domestic ceived an allocation of lesser numbers, American Act (41 U.S.C. 10a) is applied to the markets demand as a flood of cut- contract for such acquisition by substituting such as the gentleman effectively ‘‘at least 65 percent’’ for ‘‘substantially all’’; throat-priced imports displaces output would create, we would have changed or and jobs at an unprecedented rate. U.S. priorities, not done an across-the-board (2) to enter into a contract for the con- industry now produces $10 billion less cut. struction, alteration, or repair of any public auto parts each month than our own

VerDate jul 14 2003 05:11 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.010 H09PT1 September 9, 2003 CONGRESSIONAL RECORD — HOUSE H8025 markets demand, $3 billion less in com- nancial assistance to cover operating share of the corridor trains will stay in puter and computer parts, and so on losses incurred by Amtrak were to be business in fiscal year 2004 under my throughout the sector.’’ eliminated by the year 2002. Sadly, Am- amendment. That is because they show Are not our manufacturers deserving trak is nowhere near eliminating its the greatest potential for ridership and of this modest help that we can give need for Federal financial assistance to for achieving the goal of the Amtrak them here today? Mr. Chairman, we cover its operating losses. I cannot say Reform and Accountability Act of 1997 need help in the manufacturing sector. we are any closer to achieving that of eliminating Federal assistance to Mr. Chairman, I ask unanimous con- goal now than we were in 1997. cover Amtrak’s operating losses. sent to withdraw this amendment be- The Amtrak Reform and Account- Six of the 19 long-distance trains will cause of the rules. ability Act of 1997 established and pro- receive 2004 Federal funding under my The CHAIRMAN. Is there objection vided for an independent commission amendment. Those that cannot show at to the request of the gentleman from known as the Amtrak Reform Council, least $1 for every $2 in cost will not. Illinois? which was statutorily charged with This amendment is more than reason- There was no objection. evaluating Amtrak’s performance and able. With it, Congress simply says any AMENDMENT NO. 24 OFFERED BY MR. SESSIONS making recommendations for achiev- passenger route that fails to generate Mr. SESSIONS. Mr. Chairman, I offer ing further cost containment, produc- just $1 in revenue for $2 in cost is a an amendment. tivity improvements, and financial re- route not worth keeping in the upcom- The CHAIRMAN. The Clerk will des- forms. Its work has not gone com- ing financial year. This amendment ignate the amendment. pletely unnoticed by this Member. At also involves more than just a con- The text of the amendment is as fol- least I believe one amendment and centration of funds on the most visible lows: change should be made as a result of lines of Amtrak. It also involves Amer- Amendment No. 24 offered by Mr. SES- its report that was made in February ica’s trust. SIONS: 2002 to Members of Congress. At the end of the bill (before the short Appendix V of that report, which I The public must trust in what Con- title), insert the following: have blown up for Members’ consider- gress is doing with their money. Am- trak is not a public welfare project. It SEC. 742. None of the funds made available ation and will include for the RECORD, in this Act may be used to operate individual calculates in its last column what is provides a real service, it buys capital Amtrak routes whose Operating Ratio (de- known as the operating ratio for each equipment, it owns a significant fined as expenses divided by revenues, where amount of real estate, and it holds sub- revenues include State subsidies) is identi- of its 2001 routes. My amendment simply states that stantial quantities of hard assets, all of fied as greater than 2.0 in the February 7, which were once in the hands of the 2002, report by the Amtrak Reform Council based on each route’s operation ratio, entitled ‘‘An Action Plan For the Restruc- Amtrak either gets fiscal year 2004 private sector. turing and Rationalization of the National Federal funding to operate the route or My amendment is also about running Intercity Rail Passenger System’’. it does not. The routes highlighted in a railroad. If we lay any claim to being The CHAIRMAN. Pursuant to the green on this chart will make the cut a competent governing body capable of order of the House of September 4, 2003, and receive Federal 2004 funding. Those spending taxpayer money wisely, then the gentleman from Texas (Mr. SES- are routes that recoup 50 cents in rev- we have to take the responsibility for SIONS) and the gentleman from Massa- enue which include State subsidies for the money and we have to make sure chusetts (Mr. OLVER) each will control each dollar in operating costs. The that the way it is spent is put to good 5 minutes. routes highlighted in red on this chart use. Putting a cap on poor performance Mr. SESSIONS. Mr. Chairman, I will not make the cut and will receive and the routes that do not make this yield myself such time as I may con- no fiscal year 2004 funding. I believe revenue cut simply is something that sume. these routes unfairly stretch the pock- Congress must step up to the plate and Mr. Chairman, my amendment is a etbooks of the American taxpayer and address. Allowing Amtrak to operate modest attempt to inject an objective put the Amtrak system at risk. any and all unprofitable lines without standard into the Federal Govern- This amendment is an honest and any limitation forfeits far too much of ment’s Amtrak route funding deci- modest attempt to inject some objec- our credibility with this body that we sions. Under the Amtrak Reform and tivity into the Amtrak funding proc- can run a railroad or be worthy stew- Accountability Act of 1997, Federal fi- ess. As Members can see, the lion’s ards of the taxpayer money. APPENDIX V: AMTRAK’S 2001 PROFIT/LOSS OF INDIVIDUAL ROUTES [From the February 7, 2002, report by the Amtrak Reform Council entitled ‘‘An Action Plan For the Restructuring and Rationalization of the National Intercity Passenger System.’’]

Operating ratio, ex- Revenue ex- Total revenue Total costs Profit/Loss on Loss per penses di- Ridership cluding State with State excluding de- full costs rider (full vided by rev- (000) payments payments preciation (millions) costs) enues (in- (millions) (millions) (millions) cluding State subsidies)

Corridor Trains: Keystone & Clocker ...... 3,021 42.4 45.2 65.6 (20.4) (6.75) 1.45 Route 1, Metroliner/Acela Exp...... 2,652 271.2 271.2 220.0 51.3 19.33 0.81 Route 3, Ethan Allen Exp...... 42 2.0 2.2 4.5 (2.2) (52.91) 1.99 Route 4, Vermonter ...... 69 4.3 5.8 6.4 (0.6) (9.09) 1.11 Route 5, NE Direct/Acela Regional ...... 6,262 328.6 328.6 400.1 (71.5) (11.42) 1.22 Route 15, Empire Service ...... 1,304 52.5 52.5 89.0 (36.5) (27.97) 1.69 Route 20, Chicago-St. Louis ...... 254 7.8 11.5 27.7 (16.1) (63.63) 2.40 Route 21, Hiawathas ...... 424 7.6 12.6 26.0 (13.3) (31.47) 2.06 Route 22, Chicago-Pontiac ...... 295 9.7 9.7 30.9 (21.2) (71.95) 3.20 Route 23, Illini ...... 105 3.5 6.0 9.1 (3.1) (29.75) 1.52 Route 24, Illinois Zephyr ...... 100 2.7 5.5 8.2 (2.7) (27.09) 1.49 Route 29, Heartland Flyer ...... 58 1.2 5.8 5.2 0.6 9.93 0.90 Route 35, Pacific Surfliner ...... 1,716 31.0 52.5 78.6 (26.1) (15.21) 1.50 Route 36, Cascades ...... 565 15.5 31.8 38.1 (6.3) (11.21) 1.20 Route 37, Capitols ...... 1,073 11.7 30.2 34.6 (4.4) (4.11) 1.15 Route 39, San Joaquins ...... 712 19.8 43.0 52.0 (9.0) (12.62) 1.21 Route 40, Adirondack ...... 100 4.4 7.1 7.8 (0.7) (7.29) 1.10 Route 41, International ...... 105 3.4 7.1 10.0 (2.9) (27.47) 1.41 Route 56, Kansas City-St. Louis ...... 177 4.5 10.5 12.6 (2.1) (11.75) 1.20 Route 65, Pere Marquette ...... 59 1.9 4.1 6.6 (2.5) (42.61) 1.61 Route 67, Piedmont ...... 51 0.7 4.0 5.0 (1.0) (20.35) 1.26 Totals, Corridor Trains ...... 19,146 826.4 946.9 1,137.9 (191.1) (9.98) 1.20 Long Distance Trains: Route 16, Silver Star ...... 266 30.7 30.7 60.8 (30.0) (112.86) 1.98 Route 17, Three Rivers ...... 134 26.5 26.5 59.3 (32.8) (244.69) 2.24 Route 18, Cardinal ...... 68 4.4 4.4 17.1 (12.6) (186.91) 3.85 Route 19, Silver Meteor ...... 252 28.5 28.5 49.8 (21.2) (84.12) 1.74 Route 25, Empire Builder ...... 398 53.3 53.3 98.7 (45.4) (114.14) 1.85 Route 26, Capitol Limited ...... 154 21.4 21.4 45.6 (24.2) (157.33) 2.13

VerDate jul 14 2003 05:11 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.013 H09PT1 H8026 CONGRESSIONAL RECORD — HOUSE September 9, 2003 APPENDIX V: AMTRAK’S 2001 PROFIT/LOSS OF INDIVIDUAL ROUTES—Continued [From the February 7, 2002, report by the Amtrak Reform Council entitled ‘‘An Action Plan For the Restructuring and Rationalization of the National Intercity Passenger System.’’]

Operating Ratio, ex- Revenue ex- Total revenue Total costs Profit/Loss on Loss per penses di- Ridership cluding State with State excluding de- full costs rider (full vided by rev- (000) payments payments preciation (millions) costs) enues (in- (millions) (millions) (millions) cluding State subsidies)

Route 27, California Zephyr ...... 361 51.7 51.7 103.7 (52.0) (143.93) 2.01 Route 28, Southwest Chief ...... 265 65.9 65.9 128.7 (62.8) (236.76) 1.95 Route 30, City of New Orleans ...... 187 15.3 15.3 39.1 (23.7) 126.81) 2.55 Route 32, Texas Eagle ...... 149 22.4 22.4 60.7 (38.4) (258.25) 2.72 Route 33, Sunset Limited ...... 110 17.7 17.7 56.1 (38.3) (347.45) 3.16 Route 34, Coast Starlight ...... 494 41.2 41.2 87.1 (45.9) (92.98) 2.11 Route 45, Lake Shore Limited ...... 293 30.6 30.6 72.4 (41.9) (142.65) 2.37 Route 48, Silver Palm ...... 219 28.3 28.3 57.0 (28.7) (131.31) 2.01 Route 52, Crescent ...... 265 30.8 30.8 65.8 (35.0) (132.37) 2.14 Route 54, Kentucky Cardinal 1 ...... 29 1.4 1.4 7.6 (6.2) (211.65) 5.39 Route 57, Pennsylvanian ...... 90 9.2 9.2 35.4 (26.3) (292.34) 3.87 Route 63, Auto Train ...... 214 54.6 54.6 66.4 (11.8) (54.96) 1.22 Route 66, Carolinian ...... 242 13.5 16.2 20.2 (4.0) (16.37) 1.24 Totals, Long-Distance Trains ...... 4,190.0 547.5 550.2 1,131.4 (581.2) (138.71) 2.06

Grand Total, All Trains ...... 23,335.7 1,374.0 1,497.1 2,269.3 (772.2) (33.09) 1.52 1 Kentucky Cardinal classified as a long-distance train because it is an overnight train with sleeping accommodations. Source: Amtrak; excludes special trains and $4.3 million in unallocated labor expense.

Mr. SESSIONS. Mr. Chairman, I what I have said applies, that there Intercity rail passenger service between yield such time as he may consume to would be no savings in the short run; New York City and Chicago would be elimi- the gentleman from Oklahoma (Mr. and, in fact, would have considerable nated, as Amtrak would have to drop its Lake ISTOOK). severance costs involved. Shore and Three Rivers services. Service be- Mr. ISTOOK. Mr. Chairman, I rise to The gentleman’s amendment bans tween Washington, D.C. and Chicago likewise support the gentleman’s amendment. I the use of States to subsidize these would disappear with the termination of the believe it is a common sense amend- routes, routes like the Chicago to St. Capitol Limited and Cardinal trains. There ment. Amtrak says that with the allo- Louis and the Chicago to Pontiac or to would be no more rail passenger service from cation we have for them in this bill, Detroit, those represent part of a close- the East Coast to Amtrak’s hub in Chicago, as they cannot operate at their current in system where urban areas are close the Pennsylvanian service between Philadel- level. It is only common sense that to each other and which by every indi- phia and Chicago would also be eliminated. they should look at the routes where cation the President himself has been Service between Chicago and San Fran- they lose the most money, routes that suggesting that these should be routes cisco on the California Zephyr would be his- cost them to run that do not have local that ought to be supportable for oper- tory. As a result, rail travel through some of support and do not have State support ating purposes and for some capital the most scenic parts of North America would sufficient to justify the operation. purposes by the States, that they be no more. Gone, too, would be the fabled That would enable them to focus their ought to be involved. This amendment, City of New Orleans, as all service between operations on the areas of the country as I understand it, bans the uses of Chicago and New Orleans would have to where things make more sense. So I States to subsidize routes. crease. Service between Chicago and Los An- certainly support the gentleman’s b 1430 geles via St. Louis, Little Rock, Dallas, and amendment, and I appreciate his offer- I do not know if we should be in the San Antonio would end with the elimination of ing it. business of telling States how to spend the Texas Eagle. Service between Florida and Mr. SESSIONS. Mr. Chairman, I their own money. The issue of long-dis- Los Angeles on the Sunset Limited through yield back the balance of my time. tance trains, and how to deal with New Orleans and Houston would also be Mr. OLVER. Mr. Chairman, I yield those, really is one for the authoriza- axed. Amtrak’s popular and scenic train along myself such time as I may consume. tion committee and not for the Appro- the West Coast between Seattle and Los An- Mr. Chairman, I rise in opposition to priations Committee. geles, the Coast Starlight, also would be cut, the gentleman’s amendment. This I urge a ‘‘no’’ vote on this amend- as would Amtrak’s Crescent train between amendment would eliminate from the ment. New Orleans and New York via Atlanta and present list of roughly 40 routes that Mr. OBERSTAR. Mr. Chairman, I rise in op- Washington. Amtrak operates 16 of these routes, in- position to the amendment offered by the gen- With the exception of Amtrak’s Silver serv- cluding such routes as Chicago to St. tleman from Texas. This amendment is de- ices between New York and Florida and the Louis and Chicago to Pontiac, which signed to eliminate virtually all of Amtrak’s Southwest Chief from Chicago to Los Angeles are two of the key routes within the long-distance train operations. If enacted, it via Arizona, there would be no rail passenger Chicago hub system, routes which, in- would mean the end to our national system of train service in the Southern half of the nation. terestingly enough, are part of a hub intercity rail passenger service. The nation In fact, the only other long distance train that system, which has been much touted would be left with an unconnected collection of would survive would be the Empire Builder be- for in the long-term high-speed-rail de- corridor-type services and whole regions of tween Chicago and Seattle. velopment. the nation would lose access to this mode of And the cuts are not limited to Amtrak’s In fiscal year 2003, Amtrak did not travel. long-distance train operations. Under the route initiate additional changes in its long The amendment calls for eliminating any elimination criterion established by this distance routes because the individual passenger train route where operating ex- amendment, passenger train services between long distance routes would not result penses are twice operating revenues as deter- Chicago and Milwaukee, Chicago and St. in any significant savings, and no sav- mined by the Amtrak Reform Council in its Louis, and Chicago and Pontiac, Michigan, ings at all in the first several years. In Final Report. At first blush, this might not also would have to be discontinued. These are the interim, severance costs would be seem all that unreasonable. The reality is, critically important components of the Midwest very costly expenses, estimated up to a however, that what this amendment would ac- High-speed Rail Initiative. It makes no sense billion in the first year for taxpayers if complish is highly unreasonable. The gen- whatsoever to stop service today when these one were to eliminate the long-dis- tleman from Texas ignores the fact that hardly corridors are leading candidates for significant tance routes. any passenger train service in the world upgrades for high-speed service. I have not analyzed whether these comes close to covering its cost. Most rail If this amendment were to pass, many of routes are exactly the same routes, but transit operators, for example, would be America’s largest cities would be left without there is a great deal of overlap between thrilled to have a 50 percent cost recovery fac- any intercity rail passenger service including: the routes that have been considered tor. Let’s look at the impact of adopting this Birmingham, Alabama; Little Rock, Arkansas; for long-distance elimination and to amendment. Phoenix, Arizona; Denver, Colorado; Atlanta,

VerDate jul 14 2003 01:51 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 7634 Sfmt 9920 E:\CR\FM\A09SE7.006 H09PT1 September 9, 2003 CONGRESSIONAL RECORD — HOUSE H8027 Georgia; New Orleans, Louisiana; Omaha, Ne- Amendment offered by Mr. HONDA: The CHAIRMAN. The question is on braska; Reno, Nevada; Cincinnati, Cleveland, At the end of the bill (before the short the amendment offered by the gen- and Toledo, Ohio; Austin, Dallas, El Paso, title), insert the following: tleman from California (Mr. HONDA). SEC. ll. For an additional amount for The amendment was agreed to. Houston, and San Antonio, Texas; and Salt new fixed guideway systems under the head- Lake City, Utah. ing ‘‘Federal Transit Administration—Cap- AMENDMENT OFFERED BY MR. FLAKE And to what purpose? If this amendment ital Investment Grants’’ for the Silicon Val- Mr. FLAKE. Mr. Chairman, I offer an were to pass, little, if anything, would be ley, CA, Rapid Transit Corridor, and the amendment. saved. Moreover, once these routes were amount otherwise provided under such head- The CHAIRMAN. The Clerk will des- gone, the remaining services would have to ing for the San Francisco, CA, Muni Third ignate the amendment. share a greater part of the cost burden. An- Street Light Rail Project is hereby reduced The text of the amendment is as fol- other round of cutbacks would be sure to fol- by, $1,000,000. lows: low. There is a cascading effect as the con- The CHAIRMAN. Pursuant to the Amendment offered by Mr. FLAKE: order of the House of September 4, 2003, Page 157, insert the following after line 2: necting revenues lost from these services af- SEC. 742. (a) None of the funds made avail- fect the financial performance of the remaining the gentleman from California (Mr. able in this Act may be used to administer or trains. HONDA) and a Member opposed each enforce part 515 of title 31, Code of Federal It also should be clear that once these will control 5 minutes. Regulations (the Cuban Assets Control Regu- routes are eliminated, they will be gone for- The Chair recognizes the gentleman lations) with respect to any travel or travel- ever. The nation’s freight railroads will be from California (Mr. HONDA). related transaction. quick to take steps to ensure that passenger Mr. HONDA. Mr. Chairman, I yield (b) The limitation established in sub- section (a) shall not apply to the administra- train services will not be reinstated. The freight myself such time as I may consume. I offer a simple amendment that sub- tion of general or specific licenses for travel railroads have long only grudgingly accommo- or travel-related transactions, shall not dated Amtrak’s operations. tracts $1 million from the San Fran- apply to section 515.204, 515.206, 515.332, The loss of the long-distance train affects cisco Muni Third Street Light Rail 515.536, 515.544, 515.547, 515.560(c)(3), 515.569, many who rely on these trains for trips be- Project and adds that amount to the 515.571, or 515.803 of such part 515, and shall tween online city pairs. It is true that relatively Silicon Valley Rapid Transit Corridor not apply to transactions in relation to any few people use the trains for transcontinental Project. business travel covered by section 515.560(g) travel, but millions of riders each year use The Silicon Valley Rapid Transit of such part 515. them to travel between places other than the Corridor Project is a meritorious The CHAIRMAN. Pursuant to the terminal cities. This travel will be lost and we project that deserves Federal funding. order of the House of September 4, 2003, will lose forever the ability to develop these It will connect BART with the highly the gentleman from Arizona (Mr. intra-route corridors. frequented Santa Clara County des- FLAKE) and a Member opposed each Finally, the approach taken by the Amtrak tinations, including Santa Clara Coun- will control 30 minutes. Reform Council to measure the route losses, ty’s light rail system, ACE rail system, The Chair recognizes the gentleman from Arizona (Mr. FLAKE). is, in itself, flawed. Amtrak and the Federal Cal Train’s San Jose Station, the Mr. FLAKE. Mr. Chairman, I yield Railway Administration have developed a planned people mover at the Norman Y. Mineta San Jose Airport, and thou- myself such time as I may consume. more accurate measure of train performance, The Flake-McGovern-Emerson- sands of Silicon Valley employers. which takes into account downstream effects Delahunt amendment is very simple. It In addition, this project is the last of route eliminations. Mr. Chairman, I remind prohibits any funds in this bill from link needed to complete the connection my colleagues that the Amtrak Reform Council being used to enforce the regulations of all the region’s rail systems around repeatedly erred in both assumptions and that restrict United States citizens San Francisco Bay. Mr. Chairman, I facts in its reports. In fact, each year of the from traveling to Cuba. Under current am honored and thankful that the gen- ARC’s existence, the House cut the ARC’s law, ordinary Americans cannot travel budget to indicate its overwhelming dis- tlewoman from California (Ms. PELOSI), to Cuba unless they fit into narrowly pleasure with the ARC’s clear agenda to at- the gentleman from Oklahoma (Mr. defined categories and endure an ardu- tack Amtrak. ISTOOK) and the gentleman from Massa- ous bureaucratic application and Therefore, this amendment must be re- chusetts (Mr. OLVER) support this ef- screening process. jected. It arrives at the wrong solution through fort, and I urge my colleagues to sup- In March of this year, while a sweep- flawed analyses. We need positive ap- port this amendment as well. ing crackdown in sentencing was going proaches to rebuilding and expanding our na- Mr. ISTOOK. Mr. Chairman, will the on in Cuba, the Office of Foreign Assets tion’s intercity rail passenger system. We need gentleman yield? Control, under the direction of the to find ways to give Amtrak President, David Mr. HONDA. I yield to the gentleman State Department, eliminated the peo- Gunn, and his staff the resources needed to from Oklahoma. ple-to-people category of travel li- correct the years of neglect from a lack of Mr. ISTOOK. I thank the gentleman censes to Cuba. This is in direct opposi- funding. for yielding. I would not claim the time tion to the administration’s stated in- I urge my colleagues to oppose the amend- in opposition because I do not oppose tent to increase people-to-people con- ment. the amendment. As the gentleman in- tact with ordinary Cubans. My amend- Mr. Chairman, I yield back the bal- dicated, I support it. I appreciate the ment would effectively end the travel ance of my time. Members that have worked together to ban and allow ordinary Americans to The CHAIRMAN. The question is on transfer funds among some things that travel to Cuba and to take their ideals the amendment offered by the gen- are all involved in the Bay Area of and values to ordinary Cubans. tleman from Texas (Mr. SESSIONS). northern California and I know, as the This is an issue of freedom for Ameri- The question was taken; and the gentleman and I have visited together cans. Let me repeat that. This is an Chairman announced that the ayes ap- about this, that there is a huge amount issue of freedom for Americans. We peared to have it. of local financial support that predomi- allow for freedom of travel to North Mr. OLVER. Mr. Chairman, I demand nates far and away over any Federal Korea, to Iran, to Syria and to other a recorded vote. funding anticipated. countries where the human rights The CHAIRMAN. Pursuant to clause I support the shifting of funds, and I records are despicable and where ani- 6 of rule XVIII, further proceedings on appreciate the cooperation of Members mosity toward the U.S. is the basic for- the amendment offered by the gen- toward this effort, knowing that it is eign policy. Restricting travel to Cuba tleman from Texas (Mr. SESSIONS) will all part of that interrelated Bay Area is not only ineffective, it curbs the be postponed. system as well. basic American freedom to travel and AMENDMENT OFFERED BY MR. HONDA Mr. HONDA. Mr. Chairman, I reserve to export American ideals and values. Mr. HONDA. Mr. Chairman, I offer an the balance of my time. This past March, the Castro regime amendment. The CHAIRMAN. Does anyone seek carried out a sweeping crackdown on The CHAIRMAN. The Clerk will des- time in opposition to the Honda democracy and human rights activists, ignate the amendment. amendment? journalists, independent library opera- The text of the amendment is as fol- Mr. HONDA. Mr. Chairman, I yield tors and other dissidents who were ex- lows: back the balance of my time. ercising basic rights.

VerDate jul 14 2003 01:51 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A09SE7.017 H09PT1 H8028 CONGRESSIONAL RECORD — HOUSE September 9, 2003 Following the roundup of more than Keep in mind that this is our own three amendments that bring glory to 80 people, they were subjected to sum- State Department officials, the same that institution. We shall always be mary trials that flew in the face of jus- ones who pore over applications for grateful for that gesture.’’ tice and were sentenced to several travel licenses and purport to know That was the statement of the Cuban years in the horrible Cuban prisons. what is best for ordinary Americans tyrant 1 year ago. To say that granting These prison sentences carried terms of who wish to travel to Cuba. Think the dictator his number one policy goal up to 28 years and, given the health of about it. If you vote against this is to get tough on the dictatorship, in some of these individuals, they are in amendment, you are turning over your my view, constitutes uncalled for cyni- effect death sentences. right as an American to travel to the cism. The gentleman from Florida (Mr. same bureaucrats who do not have We have an embargo against the LINCOLN DIAZ-BALART) introduced a enough sense but to negotiate prison Cuban dictatorship, Mr. Chairman, be- resolution that was quickly brought to terms in Castro’s jails for the Cubans it cause it is in the national interest of the floor after this crackdown. Several sends back to the island. the United States for there to be a of my Cuba Working Group colleagues Under Democratic and Republican transition to democracy in a country and myself eagerly supported the Diaz- administrations, it has been a bedrock 90 miles from our shores. Balart resolution and joined him at principle of American foreign policy It is in the U.S. national interest for these podiums in condemning the Cas- that travel is a device that opens there to be an end to a terrorist regime tro regime and again demanding the re- closed societies. American travelers that has had the head of its Air Force lease of Cuban political prisoners. are our best ambassadors. They carry indicted for murder 2 weeks ago, the The crackdown left many speculating the idea of freedom to people in Com- head of its Navy indicted for drug traf- about Castro’s timing and his motives. munist countries. ficking, and which carries out aggres- Some expressed shock and utter dis- It is interesting to note that among sive espionage and infiltration oper- appointment, as if Castro had at some the sentencing documents used by the ations on all branches of the U.S. Gov- point turned away from being the op- Cuban government to consign nearly 80 ernment, including this Congress, over pressive dictator that he is. I do not political prisoners to jails in Cuba were 15 Cuban spies having been arrested in think many of us were surprised be- written materials like Time Magazine, the last years alone, with dozens more cause, sadly, Castro has been doing this the Miami Herald, speeches by Presi- having been expelled from the U.S. The kind of thing for over 40 years. dent Bush and other U.S. publications. FBI confirms that there is no more ag- There is an old saying, Mr. Chair- These were considered subversive by gressive, hostile intelligence service in man, ‘‘if you want to keep getting the Castro regime. the United States than Castro’s oper- what you’re getting, just keep doing Cubans want contact with Ameri- ation. what you’re doing.’’ What we have been cans. Cuban dissidents regularly tell us It is in the U.S. national interest for doing is isolating Cuba for more than that they oppose the travel ban be- there to be an end to a regime that 40 years. And what we have been get- cause they believe that American trav- harbors hundreds of international ter- ting is this kind of attitude from that elers have a positive impact in Cuba. rorists and a large number of felony fu- It is time to listen to the Cuban peo- regime. I do not think any of us ought gitives from the United States. And ple, and it is time to return to our to be surprised that Castro is not a re- just as Europe told the dictatorships in basic American values. Americans de- formed man. What we should not do is Spain and Portugal in the 1970s that serve the freedom to travel to Cuba to emulate Castro’s heavy-handedness by access to the European Economic Com- see the island for themselves. I urge curtailing the freedom of our own citi- munity, now the European Union, re- my colleagues to support the Flake- zens. quired democracy in those countries, McGovern-Emerson-Delahunt amend- Critics suggest that allowing Ameri- and that requirement was fundamental cans to travel to Cuba will provide the ment. Mr. Chairman, I reserve the balance to the democratic transitions in those Castro regime with the financial re- of my time. countries once the dictator of 40 years, sources it needs to sustain itself, but Mr. LINCOLN DIAZ-BALART of Franco, died in Spain and the dictator that regime has had enough resources Florida. Mr. Chairman, I claim the of even more time in power, Oliviera, to sustain itself for over 40 years, in- time in opposition to the amendment. died in Portugal, our policy of condi- cluding beyond the post-Soviet era in The CHAIRMAN. The gentleman tioning access to the U.S. market, in- which many predicted a sure demise from Florida (Mr. LINCOLN DIAZ- cluding mass tourism, to the liberation within only months. That regime will BALART) is recognized for 30 minutes. of all political prisoners and concrete sustain itself without American trav- Mr. LINCOLN DIAZ-BALART of movement toward free elections in elers going there, but ordinary Cubans Florida. Mr. Chairman, I yield myself Cuba, in other words, retaining the em- will continue to be deprived of contact such time as I may consume. bargo until the Cuban people free with Americans. Mr. Chairman, the number one policy themselves from their chains, is abso- Whether we like it or not, Cuba’s eco- objective of the Cuban dictatorship is lutely fundamental. nomic troubles will not lead to polit- obtaining U.S. mass tourism and the It is in the U.S. national interest, ical instability. We should not base our billions of dollars it would generate for Mr. Chairman, for there to be an end to policy on the hope that economic ca- the dictatorship. a regime that has systematically at- tastrophe will cause suffering, political Travel to Cuba is now legal, but with tempted to derail and hamper U.S. in- unrest and ultimately political change. a license for humanitarian, educational telligence efforts against international If we base our policy on this hope, we or journalistic reasons. But mass U.S. terrorism in the post-September 11 era, will be waiting a long, long time over tourism is the dream, the number one a regime that harbors countless inter- and above the period that we have al- goal, of the dictatorship. national terrorists. ready waited. Instead, we ought to un- The gentleman from Arizona and It is in the U.S. national interest for leash the real source of American in- those who are pushing for this goal there to be an end to a regime that fluence by allowing all Americans to here in Congress say that Castro fears maintains a biological weapons pro- travel freely to Cuba, just as Cuban- tourism. ‘‘Let’s adopt a real get-tough gram 90 miles from the shores of the Americans are currently allowed to do. policy toward Castro. Let’s send him United States. In July of this year, 12 Cubans who tourists and their dollars,’’ they say. If In the last 6 months, yes, the Cuban fashioned a 1951 Chevy into a boat Castro fears U.S. tourism and its bil- people have witnessed the most brutal nearly made it to America, but they lions of dollars, then why is obtaining crackdown on courageous pro-democ- were sent back to Cuba after State De- U.S. tourism his number one objective? racy leaders and independent journal- partment officials reportedly nego- His views are very public about this ists, leaders like Marta Beatriz Roque tiated 10-year prison terms with the goal. What did he have to say just 1 and Dr. Oscar Elias Biscet and Jorge Cuban government for these individ- year ago when these amendments Luis Garcia Perez (Antunez), all of uals. Upon returning to Cuba, I under- passed this House? them who agree that it is fundamental stand that six were promptly sentenced ‘‘The House of Representatives voted that we maintain the U.S. embargo, in- to these 10-year terms. with determination and courage for cluding the travel restrictions.

VerDate jul 14 2003 01:51 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.023 H09PT1 September 9, 2003 CONGRESSIONAL RECORD — HOUSE H8029 As a consequence of this crackdown, to North Korea, they may not legally ban on travel, only to have a small the European Union has imposed travel travel to Cuba. group of Members undermine the will restrictions and other sanctions on the For 40 years, the American people of the House in conference committee. dictatorship’s henchmen. Important have been told that the sanctions I would say to the leadership of this newspapers, such as the Los Angeles against travel to Cuba, like other eco- House, do not just talk about democ- Times, have changed their prior posi- nomic sanctions, will bring human racy; respect democracy. Respect the tions on sanctions. rights and democracy to Cuba and the will of this House. Respect the Mem- For example, the Los Angeles Times downfall of the Castro regime. This bers of the greatest deliberative body wrote, ‘‘After years of calling for liber- policy has failed, and it has failed mis- in the world. Do not hide behind closed alized relations with Cuba, this edi- erably. doors and secret negotiations. Do not torial page must now urge American Currently, Cuba and the United hide behind rhetoric that questions the policymakers to hit the brakes. Fidel States are engaged in a dangerous spi- integrity of those who disagree with Castro has thrown up a roadblock that ral of escalation and recrimination. you. cannot be ignored. He sicced his polit- The Cubans engage in a cruel crack- The current policy has failed. It is ical police on about 90 independent down against dissent on the island. The time to take a new approach. Support journalists, political dissidents and United States tightens the restrictions the freedom of Americans to travel, union activists. on travel and eliminates people-to-peo- support Cubans who want to interact Before Congress even thinks about ple educational and cultural exchanges. and meet with Americans, support the loosening restrictions, it should de- At the very moment when the Cuban bipartisan amendment to end the trav- mand that Castro free those rounded Government was trying to break the el ban on Cuba. up and demonstrate that his nation is spirit of Cubans who dare to think dif- Mr. LINCOLN DIAZ-BALART of moving toward democracy and away ferently, the United States Govern- Florida. Mr. Chairman, I am honored from totalitarianism.’’ ment restricted even further the expo- to yield 6 minutes to my distinguished sure of Cubans to individuals and friend and colleague, the gentlewoman b 1445 groups who could provide alternative from Florida (Ms. ROS-LEHTINEN). That change of position by the Los information and provoke discussion, Ms. ROS-LEHTINEN. Mr. Chairman, Angeles Times was a call to con- the American people. We need a better, I thank my friend from Florida for science. more rational, more mature approach. yielding me time. None of the political prisoners, either Mr. Chairman, Americans are a prag- Mr. Chairman, it is unconscionable of the recent ones or those serving dec- matic and practical people. We like that after the recent arrest and the ades in the torture gulag, have been things that work, that do the job, that sentencing of close to 80 dissident freed. Over a dozen are known to have deliver results. human right activists and opposition begun hunger strikes to protest the in- After 40 years of a failed policy on leaders by the Castro regime, that we humanity of their captivity. Some are Cuba, it is long past time to try some- would be here seeking to reward the near death. thing else. If this policy was going to dictatorship for its deplorable action, What this moment calls for, Mr. work, it would have worked by now. I because, make no mistake, that is Chairman, is for this Congress to bring believe that ending the ban on travel is what this amendment seeks to do. It is glory to itself, but not by spending one of the best steps we can take. I be- going to provide it with much needed more dollars to the Cuban tyrant. No. lieve the Cuban people can benefit from currency to continue this reign of ter- Not a tyrant’s kind of glory. But to in- more contact, not less, with the Amer- ror. sist on the release of all political pris- ican people. Now is the time to invade It defies all understanding that as oners and on concrete steps toward free Cuba with doctors and writers, teach- the most recent prisoners of conscience elections before a single additional dol- ers, students, business leaders, languish in squalid sells, devoid of any lar is sent to the enslaved island. bicyclists, grandmothers, activists and light, malnourished, denied medical at- That is the glory that this moment more. They are, indeed, our very best tention, the response of the United requires, the glory characteristic of the ambassadors. States Congress to this would be to be- American people, liberator of oppressed I agree with Human Rights Watch stow to this pariah state another vic- nations and their sovereign free insti- and Amnesty International that the 40- tory. tution, this people’s House, not the plus years of a U.S. policy of isolation In the past, as we heard from the glory of a tyrant like the quote that we has not contributed to the betterment gentleman from Florida (Mr. LINCOLN looked at before, a tyrant who dis- of human rights in Cuba and, in many DIAZ-BALART), the Castro dictatorship, patches his goons to terrorize and im- respects, has had a negative impact on Fidel Castro himself, has publicly prison unarmed men and women and human rights and that the travel ban thanked the U.S. House of Representa- who sends those who dare to dream of should end. tives for passing this amendment. freedom to the firing squad after far- I agree with the vast majority of dis- I wonder if Hector Raul Valle Her- cical sham trials. sidents living on the island, including nandez, a political prisoner at Guanta- Mr. Chairman, I thank President Vladimiro Roca, president of the Cuban namo, would be as understanding. Hec- Bush for his veto threat regarding Social Democratic Party, and Oswaldo tor languishes in a tiny, dark, squalid these uncalled-for amendments, but I Paya, leader of the democratic reform isolation cell. He is malnourished. He ask my colleagues here to not make it movement known as the Varela is given contaminated water. As a re- necessary for the President to carry Project, who have expressed their full sult, he has an increasing number of out his threat. I ask my colleagues to support for an end on the ban on travel parasites in his system and is denied defeat these sad amendments. by Americans to Cuba. any medical treatment. Since his ar- Mr. FLAKE. Mr. Chairman, I yield 4 I agree with independent journalist rest of March of this year, he has lost minutes to the gentleman from Massa- Miriam Leiva, wife of imprisoned dis- over 40 pounds. However, he does not chusetts (Mr. MCGOVERN). sident Oscar Espinosa Chepe, when she succumb to this torture. He remains Mr. MCGOVERN. Mr. Chairman, I wrote to President Bush this May de- true to his principles and beliefs. rise in strong support of the Flake- claring: ‘‘The visits of hundreds of Would he be as understanding about McGovern-Emerson-Delahunt amend- thousands of North Americans to Cuba this vote? ment to limit funding for the enforce- could contribute to the exchange of Like Hector, we have Marta Beatriz ment of the travel ban to Cuba. This ideas and the progress of democracy.’’ Roque, Oscar Espinosa Chepe, Victor amendment is offered on behalf of the This amendment represents the bi- Rolando Arroyo, Hector Palacios, 52-member bipartisan Cuba Working partisan majority of this Congress and Omar Pernet Hernandez, Juan Carlos Group. the majority view of the American peo- Gonzalez Leyva, and scores of other po- For 40 years, U.S. Cuba policy has ple. It represents the mainstream view litical prisoners, like Antunez, Jorge violated the right of every American to in this country. Luis Garcia Perez, and Dr. Oscar Elias travel freely. While Americans may For 3 consecutive years, this House Biscet, who truly deserves the Nobel travel to Vietnam, to China, and even has voted overwhelmingly to lift the Peace Prize.

VerDate jul 14 2003 01:51 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.024 H09PT1 H8030 CONGRESSIONAL RECORD — HOUSE September 9, 2003 Their bodies are weak, they are rap- SMITH), Members who have made their We talk about some of the prisoners, idly deteriorating; but their courage, reputation defending human rights and saying, keep up the pain and keep your their spirit, their commitment to a holding dictators accountable for their embargo going. I would quote one of free Cuba from its enslavement is actions. One more than one occasion, the prisoners, Espenosa Chapa, who stronger than ever. What message they have tried to travel to Cuba with said, ‘‘The policy of isolating Cuba, far would we be sending to these brave the expressed and limited purpose of from bringing freedom, has only served souls about our own commitment to engaging the peaceful and democratic to give the regime an alibi that the em- their freedom? pro-democracy forces within the island. bargo is the cause of all the ills the What about our brothers and sisters But the regime has not allowed them country suffers, and it has kept Cuban just 90 miles away? Do they not bleed to travel to Cuba. society away from a greater flow of when they are stricken? Do they not Proponents of this amendment have democratic ideas and values.’’ cry out? Are they not entitled to free- also recently argued that it is needed The current ban on travel is only one dom and democracy? Are they not enti- by certain sectors of the U.S. economy element of the embargo. Mr. Chairman, tled to security? which have been seriously affected by I would say it is somewhat akin to in- Even the European Union is realizing the terrorist attacks of September 11. creased free trade worldwide where that its economic entanglements with My response to that is if we wanted to there is freer interaction and more Castro are not sound. In June of this help the tourism industry, come to my open communication. year, the EU began restricting its con- district. Come visit Key West, come So I just call on my colleagues, do tact with the dictatorship, citing deep visit Miami Beach. not go along with the status quo. Let concerns ‘‘about its flagrant violations Also, we are talking about much- us make a change, because the last 43 of human rights and of fundamental needed currency to a state sponsor of years have not accomplished the goals freedoms of members of the Cuban op- terrorism. We are engaged in an inter- that we want to accomplish. Support position and of independent journal- national war against terrorism. Cuba is the Flake amendment. ists.’’ engaged in a joint venture with the Ira- b 1500 Just last week, the Italian foreign nian regime, having built a complex on minister, whose country, Italy, holds the outskirts of Tehran to work on bio- Mr. LINCOLN DIAZ-BALART of the EU presidency, stated, ‘‘We have to logical technology. The regime needs Florida. Mr. Chairman, I yield 2 min- say that the Cuban Government has money to keep this program going. utes to the distinguished gentleman not taken a single positive step to This amendment will help the regime from New Jersey (Mr. PALLONE). meet the goals that Europe has set and get those funds. Mr. PALLONE. Mr. Chairman, I have in fact the situation of human rights The Cuban regime is also working in said in the past, doing business with concert with other pariah states like has worsened yet further.’’ Cuba means doing business with Cas- After years of unrestricted travel by Libya and Syria on what it terms ‘‘sci- tro. So long as Castro maintains his these European tourists and officials, entific cooperation.’’ Thus this amend- stranglehold on every aspect of Cuban all of them from EU countries, coun- ment runs contrary to President Bush’s life, lifting any aspect of the embargo commitment to deny terrorists the fi- tries with rich democratic traditions, or allowing Americans to travel to nancing to carry out the attacks has the situation of human rights in Cuba could mean subsidizing Castro. against the Americans and our Amer- Cuba improved? No. They even say it Most Cuban tourist operations and ican interests and allies. I ask our col- has worsened. resorts are owned and operated by leagues to reject this amendment, So this leaves one to question the ar- fronts for the Cuban military and in- which will help Fidel Castro. guments raised by the proponents of ternal security services. These so- Mr. FLAKE. Mr. Chairman, I yield 2 called ‘‘companies’’ funnel money di- this amendment about exporting de- minutes to the gentleman from Michi- mocracy. Let us look at recent exam- rectly into Castro’s military, earning gan (Mr. SMITH). the regime the hard currency it needs ples. Mr. SMITH of Michigan. Mr. Chair- to perpetrate its oppressive policies. Is Georgetown University is planning man, through you to my colleagues, it that where Americans should be spend- an educational trip to Cuba. It cites as has been 43 years that we have had this ing their money? one of its stops El Valle de Vinales. El embargo with Cuba. It has not worked. Castro has come to rely almost solely Valle de Vinales is a lush and beautiful It seems to me we should do one of two on his income from tourism; formerly valley, an environmental paradise. Not things: we should either make the pain profitable industries like sugar now many Cubans living there. It is a won- greater for the Cuban people, as we so only represent a small amount of the derful tourist stop. How will being in with the embargo, or we should make island’s income. Proponents of travel this tourist stop help democracy grow some changes to improve communica- in Cuba? tions. will lead you to believe that if only Then they highlight a tour of Old Ha- How do we make those kind of Americans were allowed to travel to vana and a tour of Cuba’s Revolu- changes? One change that I think of is the island, then the Cuban people tionary Museum. Exactly to whom perestroika in Russia. In the late 80s, would realize the great freedoms they would the participants be exporting de- when more open communication was are missing and rise up and demand po- mocracy in these visits? started, when the Russian people start- litical and humanitarian reforms from And there is also a case of a delega- ed learning about what America was their leaders. tion which traveled to Cuba just a few and what we were doing, we saw the be- But, Mr. Chairman, the people of weeks ago. They received a license ginning of change in Russia. Cuba are not ignorant. Most speak reg- from OFAC to attend a religious re- How can we better communicate with ularly with their families here in the treat. It turns out that several of them the Cuban people? I was down in Cuba U.S. and they are fully aware of their were participating in a golf tour- about a year and a half ago, and most lack of freedom and opportunities. In nament. That was exporting democ- people of Cuba that I talked to do not fact, the people of Cuba have risen up racy? OFAC is investigating this fur- seem to really know what America is in protest to their government, only to ther. all about, what the free market and have Castro throw over 80 nonviolent Particularly revealing is the fact free enterprise and liberty is all about. opposition leaders behind bars, sen- that when Members of Congress, cer- Of course, because under Castro they tencing many of them to life sentences tain Members of Congress, seek to have not had it. in subhuman conditions in Castro’s travel to Cuba in order to visit polit- I think it should be clear that none jails. ical prisoners in their jail cells, rather of us support Castro. None of us dis- Tourist travel to Cuba will not in- than to meet with the dictator and his agree that Castro is bad. None of us crease purposeful contact with the cronies, they are denied visas by the disagree it would be good to have Cas- Cuban people. Europeans and Cana- regime. tro out of the way. The question is, dians have been traveling to Cuba for Just ask our colleagues, the gen- how do we do something better than years and clearly they have had no tleman from Virginia (Mr. WOLF) and what we have done for the last 43 positive effect on Cuba’s leaders or po- the gentleman from New Jersey (Mr. years? litical machine.

VerDate jul 14 2003 01:51 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.026 H09PT1 September 9, 2003 CONGRESSIONAL RECORD — HOUSE H8031 By lifting these sanctions with noth- the freedom to travel proclaim that all I will tell my colleagues that when ing in exchange from the Cuban gov- Cuba has to do is to conduct free and the lambs lay down with the lions, ernment, we are betraying the very fair elections, legalize all political par- lambs get slaughtered, and the day to people these policies were designed to ties, allow freedom of the press and as- capitulate and to acquiesce and to ac- help. I urge my colleagues to join with sociation, permit the existence of inde- knowledge Castro as some reality that me and oppose any amendments that pendent labor unions, and then, we will we have to put up with, condone, and lift travel restrictions or lift the em- restore to Americans their freedom to even support with tourism dollars is bargo and to remain committed to travel. Those are worthy goals. not here and it will never be here, as their support of the Cuban people. Well, if the rights of Americans to long as those of us who truly believe Mr. FLAKE. Mr. Chairman, I yield 5 travel are predicated on these stand- that the way to freedom is to show up minutes to the gentleman from Massa- ards, then how about Egypt, a one- and stare down dictators, not cooper- chusetts (Mr. DELAHUNT), a man who party State where elections are a ate with them. has worked tirelessly on this issue for sham, where political and religious dis- I will tell you this one out is the last years. sent is repressed, and freedom of the remnant of communism, totali- Mr. DELAHUNT. Mr. Chairman, let press is restricted. But for Egypt, the tarianism, repression, and it is the me respond to the gentleman from penalty, the penalty is $2 billion worth original terrorist state. We need to Florida for 1 minute regarding his ob- of American foreign aid every year. stare down Castro and not succumb to servation that this was Castro’s pri- What about Saudi Arabia, one of the his evil deeds. ority. I do not necessarily believe the most repressive regimes on earth ac- Mr. FLAKE. Mr. Chairman, I yield 2 words of Fidel Castro. I honestly won- cording to our own State Department, minutes to the gentlewoman from Cali- der if this crackdown that we all con- where women can not drive, and where fornia (Ms. SOLIS). demn was a canard to continue the pol- American soldiers could not practice Ms. SOLIS. Mr. Chairman, I thank icy of the Castro government to use their religion openly on Saudi soil. the gentleman from Arizona. I am also the ban on travel and the economic em- Well, I have seen women driving in a proud member of the working group, bargo as an opportunity to sustain the Cuba, and I have attended mass in Ha- the Cuban working group that was es- government and the regime in power. vana with Cuban dissidents. And 15 of tablished almost 2 years ago, and I But, as others have indicated, 40 years, the terrorists who attacked the United have to tell my colleagues, as someone more than 40 years and counting of a States on September 11 were from from California, I am on the other side failed policy that has brought about no Saudi Arabia. There was not a Cuban of the country, but I know that many change in Cuba. That cannot be denied. among them. And yet, some of the in my district in Los Angeles and The magnitude of the failure of this most ardent proponents of the Cuba throughout California have had the policy is so colossal that it is incon- travel policy today vote for United chance to visit and also meet with peo- ceivable that we continue to pursue it. States assistance to Saudi Arabia. Is it ple from Cuba. One of the things they Because while it has not benefited the not time to end the hypocrisy? We tell me as a Congresswoman is that Cuban people, it has also diminished ought not to be the land of the li- they would love to be able to go and American freedoms. As the former Su- censed, but the land of the free. Sup- spend more money there, to interact preme Court Justice William Douglas port the amendment. through educational programs, to visit Mr. LINCOLN DIAZ-BALART of once said, and I am quoting, ‘‘Freedom different tourist sites there, but to en- Florida. Mr. Chairman, I yield 2 min- of movement is the very essence of our gage with the people there. utes to the distinguished gentleman free society, setting us apart. It often On my visit there 2 years ago, I found from Florida (Mr. FEENEY). makes all other rights meaningful.’’ it very striking that yes, indeed, the Imagine travel police who tell you Mr. FEENEY. Mr. Chairman, the free market is working. It is working where you can go and how much you first thing I want to do is to thank my in Cuba. I visited a small restaurant can spend when you are there, even if good friend, the gentleman from Ari- where I sat with the family who owned you simply want to scatter the ashes of zona (Mr. FLAKE), who really is a great their own restaurant. The money that a beloved parent like one American cit- freedom fighter and somebody I admire we gave them in dollars was sufficient izen did. That does not sound like and respect a great deal. But I have a at the time. Maybe if we did more of America travel police, but it is. That is huge difference of opinion in terms of that, they would be able to have a lot the reality. We have our own travel po- what promotes freedom, not just in our more, but we are not allowing for that. lice. It is called the Office of Foreign hemisphere, but throughout the world Asset Control, or OFAC. They decide with respect to this specific issue. We need to lift the travel ban. Even in who will go to Cuba and who does not. One of the many arguments I have the State of California, where I served They insist that you account to them heard from the proponents of this as a member of the Senate, our Senate what you did there when you arrived amendment is that the Cuban citizens members voted for a resolution to and what you spent. If they do not be- would be better off if they had Amer- come to this House to say that we lieve you, they can punish you. They ican tourists. Arguably, Iraqi citizens ought to lift the travel ban. By opening have even threatened to garnish Social would have been better off if we had a up our doors of education, culturally, Security benefits from one individual. free flow of Iraqi oil throughout the and also economically, we have a lot to We should all be offended as Ameri- world and the prosperity that that gain as well. cans by this policy. might have brought, but not if Saddam I had the opportunity to meet with So yes, this debate today is about de- Hussein was using the profits to ter- other people from different countries mocracy. It is all about democracy; our rorize his own people and to export ter- in Cuba, from Canada and from Europe, democracy as well as democracy in rorism and totalitarianism elsewhere and I saw that they are indeed taking Cuba. throughout the world. advantage of helping to create a mar- This amendment would end this af- That is precisely the predicament we ket base there, in different areas, and front to American liberty and Amer- are in. Fidel Castro, as long as he is in agriculture, in the arts, and in the ican rights. What makes the curtail- alive and in charge in Cuba, will use hotel and tourism industry. Why is not ment of this freedom of Americans so every last dollar to terrorize his own the United States, why cannot Cali- particularly repugnant is the hypocrisy people, to basically jail dissidents, to fornia engage in that by lifting this of the policy. For example, and others execute people that disagree with him, travel ban and allowing for the free have alluded to it: Americans can trav- and to export terrorism throughout the flow of ideas and exchange, something el today to Iran, to North Korea, the world. He is the single last remnant of that all of us here I think believe in. remaining members of the axis of evil the 100-year terrorism that com- When you say terrorism, I do not see club. And remember when Saddam Hus- munism plagued upon our entire planet that when I think about Cuba. I see sein was in power, you could go to in the last century. Yet, he stands just hard-working people who want to be a Baghdad and use your American Ex- 90 miles off of our shores in Florida part of our culture, the western civili- press card. You cannot do it in Havana. where he put missiles aimed at the peo- zation. I saw people wearing jeans, Those who would maintain the status ple of the United States less than 25 clothing that was reflective of people quo and continue to deny Americans years ago. on our streets here in Washington,

VerDate jul 14 2003 01:51 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.027 H09PT1 H8032 CONGRESSIONAL RECORD — HOUSE September 9, 2003 D.C., and I think that they are ear- says that he wants to get rid of the em- ment or its poor human rights record, nestly looking for a lifting of this trav- bargo. Yes, he says that he wants to especially in light of the most recent el ban. I urge Members to do so. get rid of the travel ban. And yes, he crackdown on its dissidents. We must Mr. LINCOLN DIAZ-BALART of congratulates the gentleman from Ari- always speak strongly against the Florida. Mr. Chairman, I yield 4 min- zona (Mr. FLAKE) and others when he abuse of human rights in this world utes to the distinguished gentleman helped him in doing that. But his deeds and hold these repressive governments from South Florida (Mr. MARIO DIAZ- also show that, Mr. Chairman. accountable. BALART). Here, for example, he has sent out But Cuban dissidents regularly tell Mr. MARIO DIAZ-BALART of Flor- hundreds of thousands of flyers to trav- us that they oppose the travel ban be- ida. Mr. Chairman, I am actually el agents, spending thousands and cause they believe American travelers amazed that we are even here dis- thousands of dollars on glitzy bro- would have a positive impact on Cuba. cussing this issue. We are right now in chures saying, please get rid of the Further, Human Rights Watch reports the midst of a war against terrorism. travel ban. that the U.S. embargo has not only Should we take steps that help fund b 1515 failed to bring about human rights im- anti-American terrorist states, par- provements in Cuba, it has actually, ticularly one that is just 90 miles away No, the record is clear. Let us not and I quote, ‘‘become counter- from the United States? fund anti-American terrorist 90 miles productive to achieving this goal.’’ Mr. Chairman, right after 9–11 during away. Let us not fund a person who has Current U.S. policy towards Cuba the joint session of Congress, President said in Iran that he wants to get the hurts the 11 million innocent Cuban Bush spoke to Congress and he said United States to be on its knees. Let us men, women and children who could ‘‘Either you are with us or you are not fund an enemy of the American benefit from our travel, our new ideas, with the terrorists. From this day for- people 90 miles away. Let us not sup- our steadfast belief in democratic ward, any nation that continues to har- port this amendment. Let us stand tall ideals, freedoms and way of life. We bor or support terrorism will be re- with the Cuban people who want to be will not advance rights to the Cuban garded by the United States as a hos- free. Let us stand with the President of people by embracing a policy of isola- tile regime.’’ And yet, we are dis- the United States in his war against tion that has failed for 40 years. cussing an amendment that would pro- international terrorism. Further, the more we normalize rela- vide billions of dollars to a terrorist The way to do that is not by helping tions with Cuba, the faster Fidel Cas- anti-American regime, just 90 miles Castro, which is what this amendment tro will lose his grip on the Cuban peo- away from the United States. will clearly do. ple. It has worked in Vietnam. It has Mr. Chairman, I hear, well, but we do Mr. FLAKE. Mr. Chairman, how begun to work in China, and it can business with China. Mr. Chairman, much time remains on each side? work in Cuba. there are seven nations on the list of The CHAIRMAN. The gentleman Mr. Chairman, I urge my colleagues terrorist countries: Iran, Libya, North from Arizona (Mr. FLAKE) has 11 min- to support this amendment. Our poli- Korea, Sudan, Syria, Iraq, I guess that utes remaining. The gentleman from cies have failed, and this is the right one is no longer on the list, and Cuba, Florida (Mr. LINCOLN DIAZ-BALART) has thing to do for the Cuban people. a terrorist, anti-American thug just 90 91⁄2 minutes remaining. Mr. LINCOLN DIAZ-BALART of miles away from the United States. Mr. FLAKE. Mr. Chairman, I yield 3 Florida. Mr. Chairman, I yield 3 min- But yet I hear, well, but if he had minutes to the gentlewoman from Con- utes to the gentleman from New Jersey money, if he only had money, he would necticut (Ms. DELAURO). (Mr. SMITH), my good friend. change. He would be different. He Ms. DELAURO. Mr. Chairman, I rise Mr. SMITH of New Jersey. Mr. Chair- would do really good things with the in support of the Flake amendment man, I thank the gentleman for yield- people of Cuba and also would become which would prohibit funds in the un- ing me time. a friendly nation. derlying bill to enforce the current ban Mr. Chairman, I just want to say to But, Mr. Chairman, what did Mr. Cas- on travel to Cuba. my colleagues, if you voted in favor of tro, that terrorist thug, do when he did I believe it is the right of all Ameri- the Flake amendment in the past, I re- have money, when the Soviet Union cans to be able to travel wherever they spectfully ask you today to reconsider gave him the funds, the billions of dol- choose. It is unAmerican to prohibit your vote this year. lars that now this amendment hopes to our citizens from choosing where they While I make no secret of the fact replace? What did he do? He had troops want to travel. that I have opposed, and will continue in Africa. He was helping terrorists in And why? Why should we single out to oppose, lifting the travel ban until Africa. He had troops in Grenada, and Cuba? We have a right to travel almost all political prisoners are released and the U.S. actually invaded Grenada to anywhere. This is clearly not about other modest human rights forums are liberate those people and there were whether U.S. citizens should travel to initiated. Today is clearly not the time Cuban troops there, terrorist Cuban an undemocratic or militarily repres- to be embracing an easement on travel. troops there supporting that Com- sive country. If that were true, then The outrages of last spring, the bru- munist regime. He was helping to fight Americans would not be able to travel tal arrest, conviction and incarceration democracies in Latin America. He was to countries such as China, Sudan, for up to 28 years of approximately 80 funding troops throughout the world. Syria, Iran, North Korea. And do you of Cuba’s best and brightest and brav- That is what he did when he had know what? Americans are able to est is just the most the visible and the money. travel freely to these countries. Yet, most recent act of hate and cruelty by Those who say the embargo has not they are forbidden to travel to Cuba. Fidel Castro. For decades to come, worked, it sure has worked for the in- Thus, the real question is why do we these individuals, these reformers will terests of the United States of Amer- continue to prohibit travel to Cuba? now join approximately 400 other polit- ica, because that man is not doing Why do we deny American citizens a ical prisoners in Cuba’s infamous what he was doing: exporting ter- right Cubans are denied in Cuba, to Gulags, which the U.S. State Depart- rorism. Now, he is limited, he is lim- travel freely? Human rights activists ment has described as ‘‘harsh and life ited. But this amendment wants to Elizardo Sanchez and Vladimiro Roca threatening’’, where there is torture, give him billions of dollars so he can do have said it best, and I quote, ‘‘Just as physical and psychological. Don’t get what he does best: terrorism, anti- we insist on the right of Cubans to sick in one of those Gulags because if American terrorist activities. This is travel, to leave and return to our coun- you do, you will likely not get medical amazing to me, Mr. Chairman, that we try freely, a right now denied to us, so treatment and your condition will be would be discussing it right now. do we support the right of Americans permitted to fester. The gentleman from Massachusetts to travel freely, including travel to Just read the U.S. State Dept’s Coun- (Mr. DELAHUNT) said we cannot believe Cuba.’’ try Reports of Human Rights Practices what Castro says. I do not believe, I The travel ban is an archaic part of for this year and see how horrific those would say to the gentleman, what Cas- our archaic foreign policy on Cuba. We conditions are. The treatment of polit- tro says. I believe his deeds. Yes, he are not defending the Cuban govern- ical prisoners is a scandal.

VerDate jul 14 2003 01:51 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.028 H09PT1 September 9, 2003 CONGRESSIONAL RECORD — HOUSE H8033 Look at what the L.A. Times said re- North Korea and other places which move. But that crumbling began with cently, and I would quote them briefly. the President identifies as the axis of from within, not from without. This is an editorial in the L.A. Times, evil, and our government does not ban I hear about failed policy, let me tell ‘‘After years of calling for liberalized you from going there. you about a failed policy. The failed relations with Cuba, this editorial page They are also fascinated by the his- policy is millions of visitors, millions must now urge American policymakers tory Cuba played in the American Rev- upon millions of visitors from Canada to hit the brakes.’’ Hit the brakes my olutionary War. They are fascinated by and Mexico and Spain and other part of colleagues. Do not liberalize and allow a country that wins music Emmys. Europe and Latin America in the last Castro to reep upwards of $5 billion of They are fascinated by a country and decade and what has happened? Not profit—money that goes directly into culture that produces good rum and ci- one positive action towards democracy Castro’s coffers. We need to hit the gars, yet it is illegal for Americans to and human rights has taken place. brakes and at least say, not now. drink that rum or smoke those cigars. That to me is a failed policy. It is a Reference was made earlier about It is illegal for Americans to have fun. failed policy when prostitution flour- how the gentleman from Virginia (Mr. That is what this law says. ishes inside of Cuba so that foreign WOLF) and I tried to visit Cuba. We It is so un-American. It is so unpatri- tourists can take advantage of Cuban were turned down. We wanted to visit otic. It is so unenforceable. What are women. That to me is a failed policy. prisoners. We wanted to see Dr. Biscet we going to do? Put everybody who It is a failed policy when we believe and others and do what the Inter- went down there to ride bicycles, to that by having millions of Americans national Committee of the Red Cross dance, to drink mojitos in jail? That is go to Cuba and sun themselves on the cannot do. As we know, the ICRC has not what our country can do. We can- beaches of Varadero, smoking a Cuban been denied, repeatedly, access to pris- not enforce this law. And to say that cigar, and sipping Cuban rum is the oners. We tried to do it, and we were nobody can travel there, and when they way in which we are going to liberate turned down. And what did Fidel Cas- will go illegally you will stop that, the Cuban people. What is incredible to tro say in one of his speeches? Because what you are doing is stopping the le- me is the deafening silence of those we wanted to go into the prisons and gitimate travel of educators, of doc- who advocate these amendments, but assess the situation firsthand we were tors, of people in professions that want when repression takes place in Cuba, ‘‘provocateurs.’’ to go to try to upgrade humanity. they are virtually silent, and their si- Mr. Chairman, the gentleman from Human rights organizations are cer- lence is deafening. Virginia (Mr. WOLF) and I have visited tainly going to know more about the I say that a vote for this amendment, many political prisons around the abuses in Cuba by sending people who particularly at this time, flies in the world, from Perm Camp 35 in the So- are interested in human rights as good face of all of those who languish inside viet Union, when it was the Soviet ambassadors. The law now does not of Cuba who risked their liberty and Union, to China, Beijing Prison Num- allow that to happen. their lives to make change within their ber 1, where convicts from Tiananmen This is a good amendment. I thank country. Square were being mistreated. I have the gentleman from Arizona (Mr. A vote to support this amendment is even gotten into prisons in Indonesia, FLAKE) for introducing it, and I urge a vote to fund the Cuban economy and and met with East Timoree leader that all of us pass this amendment. Cuban tyranny. A vote to support this Xanana Gusmao, and yet we cannot get Mr. LINCOLN DIAZ-BALART of amendment is a vote to support a re- into Cuba. Yet, some Members want to Florida. Mr. Chairman, I yield 5 min- gime that executed three men by firing lift the travel ban. Lifting the ban now utes to the gentleman from New Jersey squad after closed-door summary sends a clear message to those who are (Mr. MENENDEZ), my good friend. trials. A vote for this amendment is a suffering from Castro’s hate and abuse (Mr. MENENDEZ asked and was vote to continue to fund the regime that we do not care. given permission to revise and extend that brutally arrested and jailed over I know this is not the maker of this his remarks.) 75 activists this spring for doing noth- amendment’s intention, but that is the Mr. MENENDEZ. Mr. Chairman, I ing more than demanding human message nonetheless, and I hope Mem- rise to strongly oppose the Flake rights for their people. bers will vote no on this amendment. amendment. I would like to make a se- A vote for this amendment is to say Stand with the oppressed in Cuba, not ries of points in response to some of to those who languish in Castro’s jails, the oppressor. what I have heard. we will go visit the beaches of Cuba, we Mr. FLAKE. Mr. Chairman, I yield 2 First, what the gentleman from Ari- will smoke the cigars that were men- minutes to the gentleman from Cali- zona (Mr. FLAKE) does is, in essence, in- tioned here, but you will continue to fornia (Mr. FARR). vite lawlessness. It says that we will languish in Castro’s jail. Mr. FARR. Mr. Chairman, I thank prohibit the Treasury Department The Cuban government sentenced the gentleman from Arizona (Mr. from doing what the law says. It does many of these innocent dissidents to 14 FLAKE) for yielding me time. not undo the law. It, in essence, pro- to 27 years in Cuban jails after holding Let us face it. This is not a problem hibits the Treasury Department from one-day, closed-door summary trials. about Castro. This is a problem about enforcing the law. So this Congress Our answer to that is, let us have a us. We made this law. And this admin- would promote lawlessness. grand old time on Varadero Beach. istration wants to enforce this law. Yes, it is illegal to travel to Cuba That is our answer to all those who This is not about Fidel Castro. This is under certain circumstances, but we languish. about the present administration and will look the other way. We will not A vote to support this amendment is Members of Congress. allow that element of law enforcement a vote to support the jailing of these It is very interesting that those who within the Treasury Department to en- activists who suffer without clean do not want to lift this ban are also ex- force our laws. What a slippery slope water, edible food, sanitary conditions empt from it. Cuban-Americans, can that is when we begin a process that and who languish in Castro’s jails. travel freely back without our coun- says the law is the law, but we are not The tales emerging from their prison try’s permission. And as Members of going to allow it to be enforced. What cells include allegations of beating, Congress, you can travel to Cuba, but a slippery process that is. psychological torture, solitary confine- you cannot do that as a regular Amer- To my dear friends who talk about ment in jail cells infested with rats and ican citizen. the Soviet Union and how they fell be- scorpions. What has this law done? Has it pre- cause we went over there, the reality is vented Americans from going to Cuba? the Soviet Union fell because they b 1530 Absolutely not. It is estimated 100,000 could not keep up with the arms race The prison conditions are so deplor- Americans went to Cuba last year, 75 with the United States, and they de- able that 15 Cuban dissidents who were percent of them went illegally. Why cided internally on Glasnos and jailed in the crackdown started a hun- are they going to Cuba? It is only 90 Perestroika. And when they unleashed ger strike to protest the inhuman con- miles off our coast. That is probably those forces of opening, then the people ditions. In a letter explaining the pro- why they are not going to Iraq and of what was the Soviet Union began to test, family members said that the

VerDate jul 14 2003 05:11 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.032 H09PT1 H8034 CONGRESSIONAL RECORD — HOUSE September 9, 2003 prison conditions had led them, the A vote to support this amendment is a vote of the New York Academy of Sciences. In prisoners, to make the terrible decision to support a regime that executed three men April, she was sentenced to 20 years in jail for to declare themselves on a hunger by firing squad, after closed door summary her opposition work. She is in acute pain, has strike that compromises their health trials. nausea attacks and the left part of her body and, in many cases, even their lives. A vote to support this amendment is a vote has become numb, according to the opposi- So let us recall Raul Rivero, Miriam to support a brutal government which arrested tion news agency CUBANET. In spite of her Leiva, Gisella Delgado and others that, and jailed over 75 activists this spring for pain, she must sit on a stool throughout the in fact, their suffering and their lan- doing nothing more than demanding human day since prisoners are not allowed to stay in guishing in those jails are responded to rights for their people. bed during the daytime. by us having more tourism. A vote to support this amendment is a vote I’ll say again, a vote to support this amend- Vote against this amendment. Vote to support this massive crackdown and Cuban ment is a vote to support the tyranny and bru- against such an infamy and let us style justice, or more accurately, injustice. The tality of the Cuban government. The embargo begin to speak up for those people who Cuban government sentenced these innocent is our strongest weapon against the Castro re- are risking their lives and liberty. dissidents to 14 to 27 years in Cuban jails gime. Vote, ‘‘no’’’ to this amendment. Show TRAVEL BAN AMENDMENT after holding one-day, closed door, summary the men and women who suffer in Cuban jails To prohibit the use of funds to enforce the trials. for the right to freedom that we stand with ban on travel to Cuba by U.S. Citizens. A vote to support this amendment is a vote them in their fight for human rights, justice, Congress has already passed the law that to support the jailing of these activists who and a county free of dictatorship. supports the travel ban. This amendment suffer without clean water, edible food, and Mr. FLAKE. Mr. Chairman, I yield would only create sloppy legislation. The sanitary conditions and who languish in Cas- myself 5 minutes. amendment doesn’t change the underlying tro’s jail. The tales emerging from their prison I just heard that those who support law. Instead, the amendment would prevent cells include allegations of beatings, psycho- this amendment were silent when Cas- Treasury from supporting the existing law. logical torture, solitary confinement and jail tro jailed over 80 dissidents in Cuba The belief that Americans can change Cas- cells infested with rats and scorpions. just months ago. I would remind the tro through tourism flies in the face of evi- The prison conditions are so deplorable that gentleman from New Jersey that the dence that millions of visitors from Canada, 15 Cuban dissidents, who were jailed in the same individuals who are here in sup- Mexico, Spain and other parts of Europe and crackdown, have started a hunger strike to port of this amendment came to the Latin America visited Cuba in the last decade, protest the inhuman conditions. In a letter ex- floor and argued on behalf of the Diaz- without impacting one iota of positive change plaining the protest, family members said that Balart amendment condemning Castro toward democracy and human rights. the prison conditions, ‘‘have led them (the for this action. So we have stood firm, Cuba Travel restrictions are constitutional, prisoners) to make the terrible decision to de- the Cuba Working Group, and others according to the Supreme Court [Regan vs. clare themselves on a hunger strike, which who support this amendment against Wald 1984]. Other courts: the 9th Circuit 1996, compromises their health and even their the atrocities that have happened and the 11th Cir. 2000, agreed. lives.’’ While the names of the dissidents on there. Cuba has been on the list of state-spon- the hunger strike have not been published, the I also wanted to respond to whether sored terrorism since 1982 and remains on letter in support of the strike was signed by or not this is a good use of taxpayer the list for supporting Foreign Terrorist Organi- the wife of poet and dissident journalist Raul dollars to actually use these dollars to zations, for providing safe haven to U.S. des- Rivero (sentenced to 20 years in jail), Miriam enforce the travel ban as opposed to ac- ignated foreign terrorist organizations including Leiva, wife of economist Oscar Espinosa tually wage the war on terrorism. the ELN and the FARC from Colombia. Cuba Chepe (sentenced to 20 years in jail), and The Office of Foreign Assets Control also continues to harbor fugitives from the Gisella Delgado, the wife of activist Hector at the Treasury Department currently U.S. justice system. Palacios (sentenced to 25 years in jail). spends between 10 and 20 percent of its Due to the end of Soviet Subsidies and his A vote to support this amendment is a vote resources actually enforcing the Cuba disastrous economic policies, Castro is bank- to support the government that has jailed travel ban. This is the office charged rupt. His lack of cash restricts his ability to en- Oscar Manuel Espinosa Chepe. Mr. Chepe, a with the task of tracking down al gage or support anti-American actions around Cuban economist and independent journalist, Qaeda money, to actually shutting the world. Castro has used American tourist was sentenced to 20 years in jail for criticizing down the international war on ter- dollars to take the place of Soviet payments. the Cuban government. At age 62 Mr. Chepe, rorism, the financial war; yet they are The money obtained from tourism is not in- according to the Lawyers’ Committee for spending over 10 percent of its re- vested to benefit the Cuban people. It is in- Human Rights, is suffering from a chronic kid- sources tracking down, in essence, vested to reinforce a state security apparatus ney condition, a thoracic hernia, persistent hy- grandmothers from Iowa who are going that is used in developing a tourism infrastruc- pertension, and severe weight loss. The on a biking trip to Cuba or the gen- ture which only benefits the government. Cuban government refused to provide him tleman from Washington who spent The tourism infrastructure doesn’t benefit with medical treatment. Only when he was less than 24 hours in Cuba to scatter average Cubans. Instead, Castro sets aside near death and only after intense international his parents’ ashes at the churches they hotels, beaches, stores, restaurants, even pressure, was he transferred to a hospital. built in the 1950s. The man returned hospitals for foreigners, prohibiting Cubans A vote to support this amendment is a vote home to a fine, enforced by the Office from staying in those hotels and patronizing to allow funds to flow to the government that of Foreign Assets Control. those facilities. American tourism under cur- jailed Oscar Elias Biscet. Dr. Biscet founded I would submit that if we are serious rent conditions would freeze in place Castro’s the Lawton Foundation for Human Rights, one about the war on terrorism then we tourist apartheid. of the first independent civic groups in Ha- will stop this charade of actually lim- The infusion of U.S. tourist dollars will pro- vana. On February 27, 1999 he was arrested iting Americans’ ability to travel. vide the regime with a lifeline. Lifting the travel for hanging the national flag sideways at a Let us stipulate that Fidel Castro is ban without securing meaningful changes in press conference and was sentenced to three a bad guy. He is a horrible guy, he is a Cuba will: (1) Guarantees the continuation of years in jail. After his release, he organized thug, I have said it many times from the current totalitarian structures, and (2) seminars on the Universal Declaration of this podium; but our hatred for Castro Strengthen Castro’s security forces. Human Rights for Cubans. And he was ar- should not cause us to punch ourselves AMENDMENT TO END THE EMBARGO rested again in December of 2002 for orga- in the face, and that is what we are Why would members of Congress even sug- nizing these seminars. In April of this year he doing in essence here, by imposing gest ending the embargo at a time when we was sentenced to 25 years in jail and sent to upon the American people a ban on are seeing the worst wave of repression in a special state prison. their right to travel. We simply should Cuba since right after the Revolution? The A vote to support this amendment is a vote not do that. State Department calls this new wave ‘‘the to support the jailing of Marta Beatriz Roque It has been mentioned through here most despicable act of political repression in Cabello. She is an economist and director of that some of the dissidents actually the Americas in a decade.’’ the Cuban Institute of Independent Econo- support what we are doing and with re- A vote to support this amendment is a vote mists and is the only woman who was de- gard to travel. I should note here that to fund the Cuban economy and Cuban tyr- tained. She is the recipient of the 2002 Heinz many do not. In fact, I would submit anny. R. Pagels Human Rights of Scientists Award that a majority do not. As Oswaldo

VerDate jul 14 2003 05:11 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.037 H09PT1 September 9, 2003 CONGRESSIONAL RECORD — HOUSE H8035 Paya has mentioned, the leader of the resent the Cuban people, who are in If it is freedom that we want for the Varela Project and leading democracy prison, do not want resources sent. Cuban people, let us start by exercising activist said, we appeal to all for- The gentleman from Arizona (Mr. a little more of it ourselves by allowing eigners who come to our country as FLAKE), who keeps on saying that he our citizens to travel to Cuba and to tourists to show solidarity, to take knows that the dictator is a bad guy take their values with them. part in demonstrations to support the but he keeps on introducing amend- Mr. FARR. Mr. Chairman, I rise today in opening up of Cuba. ments that would have the effect of strong support of the Flake amendment re- Members have mentioned that some sending billions of dollars to the dic- garding the Treasury Department’s limitation people go to Cuba just to lay on the tator, has said this time that the dic- of the right of Americans to travel. beaches of Varadero. This is certainly tator, and others have said, that he This amendment is based on a core prin- true. Some of them, however, go down should not be believed, the dictator ciple—that the policy of limiting the right of or- to protest or some go down to take should not be believed when he says, dinary Americans to travel to Cuba, is an in- books to independent libraries. We do yes, I want billions of dollars, I want fringement of all Americans’ right to travel any- not know who is going to. We should billions of dollars. Imagine if the Flake where they want at any time they choose. not pretend that we know, and for us to theory would hold and every enemy of Nevermind that the U.S. Cuba policy has pretend that we do makes us look like the United States now received billions been an outright failure for the last forty years. Fidel Castro. Let him do this. of dollars from the United States be- Nevermind that the travel ban prevents Amer- It is often submitted that if we lift cause they are enemies of the United ican businesses from creating jobs in Cuba this travel ban that surely Fidel Castro States and they cannot be believed be- and the United States, that it prevents Ameri- will impose his own. I have no doubt cause since they are really enemies of cans from sharing their best ideas and ideals that he will, that he will try to limit the United States, but we cannot be- with a close neighbor; and it does nothing to those who are coming down to Cuba. lieve enemies of the United States, it is advance the cause of freedom and social jus- He will try to determine who is a sun- good to send them billions of dollars. tice. bather and who is a protestor. That is Imagine that theory. The travel ban runs counter to the core a policy befitting of Fidel Castro. It is Imagine that theory. That is the Constitutional concept that the American right not a policy befitting of this great Flake theory and of the United States, to travel is an absolute and non-negotiable country. billions of dollars. Do not believe en- right, a reflection of the free and open nature Mr. Chairman, I yield 1 minute to the emies of the United States, billions of of our society. gentleman from Massachusetts (Mr. dollars. Let us vote down this amend- If you believe in our constitutional rights, if DELAHUNT). ment; and let us stand with the people you believe in the power of travel and trade, Mr. DELAHUNT. Mr. Chairman, I in the Cuban prisons, and let us vote to if you believe our citizens are the best ambas- thank the gentleman for yielding me support the sanctions until there are sadors of American values, and if you agree the time, and I want to point out that free elections in Cuba, Mr. Chairman. with President Bush that engagement is the I find it somewhat ironic that when we Mr. FLAKE. Mr. Chairman, has all engine of liberty—then we need to pass this speak of the wives of Oscar Chepe and time expired for the other side? amendment legislation to legalize travel by Hector Palacios, prominent leaders in The CHAIRMAN. The gentleman Americans to Cuba. the dissident movement in Cuba who from Arizona (Mr. FLAKE) has 2 min- Ms. LEE. Mr. Chairman, I rise today in are currently incarcerated in Cuban utes remaining, and the time of the strong support of the Flake Amendment to end jails, for whom my colleague and I and gentleman from Florida (Mr. LINCOLN the unnecessary and counterproductive ban members of the Cuba Working Group DIAZ-BALART) has expired. on travel to Cuba, and I want to recognize and have advocated strenuously for their Mr. FLAKE. Mr. Chairman, I yield applaud both Mr. FLAKE and Mr. DELAHUNT for release and will continue to do so, that myself the balance of the time. their outstanding leadership on this issue and when references to their spouses are I appreciate the comments from the the agenda of the House Cuba Working made, it is left to be suggested that other side. I would maintain that none Group. In fact, I am a proud sponsor of H.R. they support the ban on travel, when of us really know when Fidel Castro is 2071, the Working Group’s Export Freedom to the contrary is true. telling the truth and when he is not. Cuba Act, which would accomplish the same Let me quote from Miriam Leiva, the I do not think that we should pretend objective as this amendment, and would allow wife of Oscar Espinosa Chepe: ‘‘The vis- that we do. I do not think we should travel between the United States and Cuba. I its of hundreds of thousands of North even try. Therefore, we simply ought have long supported normalizing relations with Americans to Cuba could contribute to to adopt a policy that is right and con- Cuba and frankly, Mr. Chairman, find it embar- the exchange of ideas and the progress sistent with our objectives. That is rassing that our policy has remained un- of democracy.’’ I know we all share what ending the travel ban is all about. changed and stagnant in the 26 years since I that. Let us support this. It is doing what is good policy regard- first got involved in efforts to normalize rela- Mr. FLAKE. Mr. Chairman, I reserve less of whether we think Fidel Castro tions. I wonder when the Administration will re- the balance of my time. supports it or whether he does not. alize that November 9, 2003 marks 14 years Mr. LINCOLN DIAZ-BALART of I should mention there are others since the end of the Cold War. Florida. Mr. Chairman, I yield myself that have called for an end to the trav- Americans do not need a license to travel such time as I may consume. el ban, other dissidents. Oscar Espinosa half-way around the world to North Korea, Iraq Just a few points to clarify. Let us be Chepe has been cited here a couple of and Iran, but the ‘‘dangerous’’ island nation of clear, to remind our colleagues, for ex- times. This is a man I met just weeks Cuba 90 miles off the coast of Florida requires ample, of who Dr. Oscar Elias Biscet is. before he was imprisoned in what for stricter regulation. This policy seems particu- There is no one more respected in Cuba him may be a life sentence. He said, larly absurd when there is bi-partisan, bi-cam- today than Dr. Biscet. Dr. Biscet, be- ‘‘When the travel of Americans to Cuba eral support to end the embargo; most Ameri- cause he is so respected by the Cuban is approved, the struggle for democracy cans oppose the trade and travel ban. Even people, has been sentenced to 25 years and freedom will by no means end. To Cuban Americans are divided on the issue. in the gulag. Dr. Biscet says that it the contrary, these measures create In 2000, a Florida International University would be unconscionable to lift the em- better conditions to achieve these ob- poll showed that 63 percent of Americans na- bargo, to alleviate the embargo in any jectives.’’ tionally and 75 percent of Americans of other way and to send the resources to the That is what we are trying to do than Cuban descent in Miami-Dade favor un- dictatorship. here. We are trying to comport with restricted travel to Cuba. We constantly seem This young man Antunez is serving 18 the wishes of the dissident community to be moving backwards in our foreign policy, years because ever since he has been in in Cuba and to do what is right for us when our constituents are saying the opposite. high school he has been fighting for de- as well, to lift the ban on Americans to Where is the logic in punishing Americans? A mocracy in Cuba, and he says it would travel. significant number of Representatives from be unconscionable to send resources to We need today to strike a blow for both sides of the aisle actually agree on end- the dictatorship. freedom. We can do that by allowing ing the travel ban. However, we are still un- Let us be clear and on and on, Marta Americans to travel freely as they able to normalize travel and trade. In 1999 we Beatriz Roque, the leaders who rep- wish. granted permanent normalized trade relations

VerDate jul 14 2003 03:35 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 9920 E:\CR\FM\K09SE7.038 H09PT1 H8036 CONGRESSIONAL RECORD — HOUSE September 9, 2003 to China, but are still unable to travel and The question was taken; and the I have never seen Congress so united trade with Cuba freely. Whether or not other Chairman announced that the noes ap- and determined. We responded with a nations agree with the practices of the Cuban peared to have it. national commitment to help New regime, they believe that our policy is ridicu- Mr. FLAKE. Mr. Chairman, I demand York City rebuild. Part of this rebuild- lous and outdated. a recorded vote. ing effort was Federal grants to busi- Mr. Speaker, the obsession with Cuba is The CHAIRMAN. Pursuant to clause nesses and individuals in Lower Man- two-fold: Those who support the travel ban are 6 of rule XVIII, further proceedings on hattan near Ground Zero. driven by 44-year-old memories of the revolu- the amendment offered by the gen- Just yesterday the New York Times tion. Americans, who are eager to travel, are tleman from Arizona (Mr. FLAKE) will wrote of problems getting all of the aid drawn to the rich, vibrant Cuban culture. Along be postponed. to those who needed it most. But what with most of my constituents, I belong to the AMENDMENT NO. 14 OFFERED BY MRS. MALONEY is more disturbing is that after deserv- latter group which believes that we have much Mrs. MALONEY. Mr. Chairman, I ing victims of 9/11 got the aid, the IRS to learn from each other. offer an amendment. in a surprise announcement decided to The Oakland City Council in 1998 passed a The CHAIRMAN. The Clerk will des- take part of it away in taxes. resolution to eliminate the trade sanctions ignate the amendment. Many grant recipients accepted the against Cuba and the Bay Area has numerous The text of the amendment is as fol- aid and spent every penny, not know- sister-city relations with Cubans; these ex- lows: ing that they would have to pay taxes changes benefit students, arts initiatives, en- Amendment No. 14 offered by Mrs. on it. courage humanitarian projects and research MALONEY: It is just unfair for these cash- sharing for important diseases like HIV/AIDS, At the end of title II insert the following strapped businesses and individuals to kidney failure and high blood pressure. new section: take another financial hit, a financial Farmers across the country are eager to en- SEC. 213.(a) IN GENERAL.—None of the funds appropriated by this Act may be used to as- hit that the Joint Committee on Tax- gage in trade with Cuba as the U.S. economy sess or collect any tax liability attributable ation estimates to be $268 million. continues to plummet. to the inclusion in gross income of amounts The IRS is taking back $268 million The recent elimination of the people-to-peo- paid (from funds referred to in subsection in Federal aid that the President ple category, within the OFAC regulations, (b)) to any person as assistance on account of pledged to New York City. This IRS de- proves again how the administration is more any property or business damaged by, and cision has also had a ripple effect on concerned with maintaining a grudge than re- for economic revitalization directly related other Federal benefits that survivors of instating the American right to travel. to, the terrorist attacks on the United 9/11 may receive. Mr. Chairman, not only does the travel and States that occurred on September 11, 2001. Since many agencies rely on the IRS trade embargo undermine and contradict the (b) FUNDS.—The funds referred to in this subsection are amounts appropriated by— decision and definition of gross income, values upon which our great country is based, some recipients’ eligibility for pro- but they are also very costly and logistically (1) Public Law 107–206 under the heading ‘‘DEPARTMENT OF HOUSING AND URBAN grams like Medicare, Medicaid, and So- difficult to administer between the Depart- DEVELOPMENT, Community Planning and cial Security may be in jeopardy. ments of State, Treasury, and Commerce. We Development’’, The amendment that I am offering should not be persecuting Americans who are (2) section 434 of the Departments of Vet- today with my colleague from New guilty of nothing more than a sense of curi- erans Affairs and Housing and Urban Devel- York (Mr. NADLER) would bar the use osity and eagerness to learn and explore our opment, and Independent Agencies Appro- of any of the funds for 1 year for the island neighbor, Cuba. priations Act, 2002 (Public Law 107–73), IRS to enforce the decision to collect (3) amounts appropriated by Public Law Vote ‘‘yes’’ to promote democracy, vote for taxes on these grants to Lower Man- Americans freedom to travel, vote for the 107-38 and designated by the President for community development block grant pur- hattan. After all, the Federal Govern- Flake amendment. ment is supposed to be sending aid to Mr. WELDON of Florida. Mr. Chairman, poses, and disaster victims, not taking it away. since the early 1960s, U.S. policy towards (4) amounts appropriated by Public Law 107-117 for the Community Development Taxing the grants violates the spirit Cuba has consisted largely of isolating the is- Fund under the heading ‘‘DEPARTMENT OF of Federal disaster aid. This is not the land nation through comprehensive economic HOUSING AND URBAN DEVELOPMENT, first action that I and others have sanctions. In addition, these sanctions were COMMUNITY PLANNING AND DEVELOP- taken to right this wrong. Actually, it made stronger with the 1992 congressional MENT, COMMUNITY DEVELOPMENT approval of the Cuban Democracy Act (CDA). is the latest in a series of actions. FUND’’. Along with others in the New York I feel strongly that it has never been in our na- (c) COORDINATION WITH CERTAIN MEANS- delegation, we have written IRS, the tion’s best interest to recognize countries in TESTED PROGRAMS.—None of the funds appro- Secretary of Treasury, we have written our hemisphere that rebel against the ideas priated by this Act may be used to treat and freedoms we hold so dear. Some people amounts to which subsection (a) applies as the President, Speaker HASTERT, and income or resources for purposes of— the leadership of the other body. feel that it is time to lift these sanctions. (1) the United States Housing Act of 1937, I believe it is important to uphold the prin- I have introduced bipartisan legisla- (2) title V of the Housing Act of 1949, tion. The Committee on Ways and ciples of democracy and freedom, human (3) section 101 of the Housing and Urban rights and liberty for which our Founding Fa- Means is aware of the problem. The Development Act of 1965, Congressional Research Service has thers fought so hard. All peoples—including (4) sections 221(d)(3), 235, and 236 of the Na- Cubans—have the right to enjoy these basic, tional Housing Act, done a memo. I have gone before the inalienable rights as well. It is my under- (5) the Food Stamp Act of 1977, and Committee on Rules seeking to add it standing that once again, recently, the Cuban (6) the Social Security Act. as an amendment to H.R. 1308. And I dictatorship took aggressive action to stifle the The CHAIRMAN. Pursuant to the am on the floor today with this amend- efforts of freedom-loving Cubans. Today is not order of the House of September 4, the ment. the day to reward this repressive behavior. I gentlewoman from New York (Mrs. I ask my colleagues, who have the ul- urge my colleagues to reject the Flake- MALONEY) and a Member in opposition timate authority to decide who gets Delahunt-Davis Amendment. to the amendment each will control 5 taxed, for their help. I am confident Today’s proposed amendments, which minutes. that it was never this Congress’s intent would open the floodgates of American dollars Mr. ISTOOK. Mr. Chairman, I wish to to tax this disaster aid. to the Castro dictatorship, would only prolong reserve a point of order on the amend- Making this amendment subject to a and strengthen the dictator’s grip on the peo- ment. point of order means that this Congress ple of Cuba. To allow the American travel in- The CHAIRMAN. The gentlewoman has made a decision to continue to tax dustry to engage Castro would send the worst from New York (Mrs. MALONEY) is rec- this 9/11 aid 2 days before the second of all messages to the freedom-seeking Cuban ognized for 5 minutes. anniversary of these attacks. dissidents who rely on the United States not to Mrs. MALONEY. Mr. Chairman, I Mr. Chairman, I call upon my col- give into this regime. yield myself such time as I may con- leagues to support me with this amend- The CHAIRMAN. All time has ex- sume. ment. It is fair. It was the intent of pired. Mr. Chairman, first I would like to Congress. The question is on the amendment thank my colleagues for their leader- Mr. Chairman, I yield 2 minutes to offered by the gentleman from Arizona ship on behalf of New York following the gentleman from New York (Mr. (Mr. FLAKE). the tragedy of 9/11. NADLER).

VerDate jul 14 2003 03:35 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A09SE7.019 H09PT1 September 9, 2003 CONGRESSIONAL RECORD — HOUSE H8037 Mr. NADLER. Mr. Chairman, I rise in cause it proposes a limitation on funds that someone might come along and strong support of this amendment that in a general appropriations bill for the say this aid should be taxed. We would the gentlewoman from New York (Mrs. administration of a tax or tariff. have put a sentence in the initial aid MALONEY) and I are offering, which cor- The gentlewoman from New York is legislation 2 years ago, no one would rects an incredible injustice faced by seeking to change existing law and pro- have opposed it, and that would have some victims of the 9/11 attacks. hibit taxes from being collected on been that. Shortly after the attack, which oc- payments made to those affected by No one anticipated this. This was curred in my district on September 11, the September 11 terrorist attacks. completely shocking. No one antici- Congress moved quickly to ease the While, Mr. Chairman, we certainly all pated the IRS would say that this economic suffering of businesses and have tremendous sympathy for those money, which was a small recompense, residents in Lower Manhattan. who suffered losses from this tragic with the average aid being about 10 to Over $3 billion was appropriated event, we should not be using appro- 15 percent of the loss, there is no profit through the Community Development priation bills, or seeking to use them, or income here, it is 10 to 15 percent of Block Grant program specifically to to establish new tax policy concerning the economic loss; but no one antici- assist residents and businesses in payments to them or to any other indi- pated this would be taxed, so I urge Lower Manhattan through a variety of viduals. that the point of order be withdrawn grant programs to try to recover from The CHAIRMAN. Does any other The CHAIRMAN. Does the gentleman the tremendous economic damage in- Member wish to be heard on the point insist on his point of order? flicted by the terrorists. of order? Mr. ISTOOK. Yes, Mr. Chairman, I While such programs could never Mrs. MALONEY. Mr. Chairman, I do. do. make these individuals and businesses I very much respect my colleague’s The CHAIRMAN. The Chair is pre- whole after the devastating losses they point of order, but could the gentleman pared to rule. suffered, these funds are an important please tell me how and when is this The gentleman from Oklahoma raises first step in, and my constituents are Congress going to act to return the a point of order against the amend- truly grateful to the country for com- hundreds of millions of dollars in aid ment offered by the gentlewoman from ing to their aid. promised to them after 9/11? New York for violating clause 5(a) of Incredibly, the Internal Revenue We have legislation before this rule XXI. Clause 5(a) provides a point Service has announced that much of House; we have been before the Com- of order against amendments proposing this money is subject to Federal tax- mittee on Rules with amendments try- limitations on general appropriation ation, effectively withdrawing some of ing to attach this to other legislation. bills for the administration of a tax or the aid after it has already been given. We know that many on the other side tariff. The amendment offered by the gen- b 1545 of the aisle are calling for permanent tax relief in certain areas. We are ask- tlewoman from New York proposes a When we appropriated these funds in ing for tax relief for the victims of 9/11. limitation on a general appropriation this House, it was incomprehensible It was truly not the intent of this bill for the assessment or collection of that the Federal Government might Congress to tax their aid benefit pack- tax liability attributable to the inclu- provide assistance with one hand and ages. In fact, the IRS did not even tell sion of certain economic assistance in take it away with the other. These them they were going to do this until the taxpayer’s gross income. The funds are not profit. They are not in- the last minute. Most of them spent amendment therefore imposes a limita- come that should be taxed. They are the money and now are in trouble tak- tion on funds for the administration of funds intended to begin to defray some ing out loans to repay. And, really, a tax in violation of clause 5(a) of rule of the damages incurred by these busi- when they got the grants, they were XXI. The point of order is sustained. nesses which were closed for months well below what they lost. Now to The amendment is not in order. because guards stood on Canal Street come back and tax roughly a third of AMENDMENT NO. 2 OFFERED BY MR. DELAHUNT saying ‘‘You cannot go to these busi- the grant is terribly unfair. Mr. DELAHUNT. Mr. Chairman, I nesses. You cannot pass here.’’ So I respectfully ask my colleagues, offer an amendment. The aid that these businesses are get- When will we be able to act on this leg- The CHAIRMAN. The Clerk will des- ting are a tiny fraction of the economic islation and return hundreds of mil- ignate the amendment. damage they suffered because of the lions of dollars in aid promised to the The text of the amendment is as fol- terrorists. Twenty percent have al- victims of 9/11? lows: ready closed their doors. Twenty per- The CHAIRMAN. Does any other Amendment No. 2 offered by Mr. cent of the small businesses in Lower Member wish to be heard on the point DELAHUNT: Manhattan have gone bankrupt be- of order? Page 157, insert the following after line 2: cause of the inadequacy of the aid that SEC. 742. None of the funds made available Mr. NADLER. Mr. Chairman, I do. in this Act may be used to enforce any re- we gave them to make them whole I would agree, obviously, with what striction on remittances to nationals of Cuba from the terrorists, and now we are the gentlewoman from New York, my or Cuban households, including remittances taking away some of the money that coauthor of this amendment, just said. for emigration expenses, covered by section we gave them. We have tried every different way. 515.570 or 515.560(c) of title 31, Code of Fed- Recipients of these funds were never The aid to small businesses is rough- eral Regulations, other than the restriction asked to prepare a budget with the ly about $539 million. This tax is tak- that remittances not be made from a blocked prospect of paying taxes on it in mind. ing it back about $268 million. I will source and the restriction that no member of the payee’s household be a senior-level gov- Already near financial ruin, to place concede that technically the point of further economic demand on their ernment official or senior-level communist order may stand, but the Committee on party official. budgets is simply cruel. This is an Rules of this House routinely waives The CHAIRMAN. Pursuant to the issue of fairness and common sense and all points of order; routinely waives order of the House of September 4, 2003, decency to the people who took the hit most points of order. I would appeal to the gentleman from Massachusetts for this country. I do not believe that my colleague to withdraw his point of (Mr. DELAHUNT) and a Member in oppo- anybody on either side of the aisle who order. I appeal to my colleague to exer- sition to the amendment each will be voted for the economic aid to try to cise discretion and not press his point recognized for 71⁄2 minutes. help the victims of the terrorism an- of order so as not to victimize the vic- The Chair recognizes the gentleman ticipated this taxation, and we ought tims a second time. Because that is from Massachusetts (Mr. DELAHUNT). to get rid of it. what we are talking about here. Mr. DELAHUNT. Mr. Chairman, I POINT OF ORDER We have tried, the gentlewoman from yield myself such time as I may con- Mr. ISTOOK. Mr. Chairman, I raise a New York and I and others in the New sume. point of order against the pending York delegation, to try to press this This is a very simple amendment, Maloney amendment No. 14 to H.R. 2989 point to the Committee on Rules, in Mr. Chairman. It does exactly the same on the grounds that this provision vio- separate legislation, and to the IRS. I thing as the one that I and the gen- lates clause 5 of House rule XXI be- do not believe anybody anticipated tleman from Arizona (Mr. FLAKE) and

VerDate jul 14 2003 03:35 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.041 H09PT1 H8038 CONGRESSIONAL RECORD — HOUSE September 9, 2003 others offered last year and which Ending the limit on remittances is b 1600 passed the House overwhelmingly. It one of the most kind and decent things Mr. DELAHUNT. Mr. Chairman, I prohibits enforcement of the cap on re- we can do for the people of Cuba and yield 1 minute to the gentleman from mittances that can be sent to families for Cuban Americans here in the Arizona (Mr. FLAKE). in Cuba. United States. We should do this. Sup- Mr. FLAKE. Mr. Chairman, I thank Not many people, I believe, are aware port this amendment. the gentleman for bringing this impor- that an aspect of current policy regard- Mr. Chairman, I reserve the balance tant amendment forward. We should ing Cuba imposes limits on family of my time. not be in the business of limiting fam- charity. Let me just say that again. It Mr. LINCOLN DIAZ-BALART of ily charity. We should not tell Cuban is American policy to restrict the Florida. Mr. Chairman, I rise to claim Americans in this country how much amount of financial support that the time in opposition, and I yield 21⁄2 they can send to their families in Cuba. Cuban Americans can send to their minutes to the gentlewoman from As the situation now is, individuals families on the island. U.S. law pro- Florida (Ms. ROS-LEHTINEN). in Cuba are only given a certain hibits Americans from giving more Ms. ROS-LEHTINEN. Mr. Chairman, amount that they can get through the than $1,200 a year to their Cuban fami- I thank my colleague from Florida for government ration card. That does not lies. I would suggest that this is yielding me this time, and I rise in op- allow for some to have meat in their shameful, especially for a Nation of im- position to the Delahunt amendment. diet. Allowing individuals to send migrants like we have here in the While well-intentioned, in practice money to their families simply allows United States. this amendment would only serve as that basic necessity. Unless there is a Is there anything that defines Amer- yet one more vehicle for the regime to child under the age of 7, for example, ican history or our heritage more than get its hands on much-needed and you are denied milk. There is no pow- a first-generation family sending much-valued hard currency. The goal dered milk available for families with- money back to the old country to buy of the existing controls on remittances out children under 7. This allows Cu- food or medicine or clothing for loved is so that the average Cuban, who is de- bans as a humanitarian gesture to ob- ones in need? Such assistance is par- nied access to basic necessities by the tain that. ticularly critical in Cuba. Dollars from regime, in order for the dictatorship to Also, it should be mentioned, this is American relatives can make a huge provide it to foreign tourists, it is so rarely enforced. I doubt anybody in op- difference in the quality of life for a that that average Cuban receives suffi- position to the amendment believes Cuban family. One would think that cient funds to survive. that families sending in excess of $1,200 American policy would be to encourage Let me reiterate that the goal of the a year ought to be prosecuted. If we family assistance; but instead, the law, existing controls is to help the average want respect for the law, let us bring our law, views Cuban Americans who Cuban receive funds for his needs. Cer- the law into conformity with what is give too much help to their families as tainly Castro does not care for his happening on a humanitarian basis. common criminals who can be fined up needs. Mr. LINCOLN DIAZ-BALART of to $55,000 and sentenced to up to 10 Florida. Mr. Chairman, I yield 21⁄2 min- The amount has been carefully cali- years in prison. utes to the gentleman from New Jersey brated and reviewed at this moment, Now, as the Treasury Department (Mr. MENENDEZ). taking into consideration the pur- will readily tell us, the limits on re- (Mr. MENENDEZ asked and was chasing power of the U.S. dollar rel- mittances are rarely enforced. And given permission to revise and extend ative to the economic realities on the after the House spoke so clearly last his remarks.) year on this particular amendment, the island, the same realities and economic Mr. MENENDEZ. Mr. Chairman, I administration began to allow Cuban context which has prompted this have great respect for the gentleman Chamber time and time again, Mr. Americans who visit the island to bring from Massachusetts (Mr. DELAHUNT), more money with them. I think the Chairman, to limit microcredit lending and we are working on a series of cru- amount is some $10,000, although it did to small amounts benefiting the poor- cial issues in Latin America; but I have retain the $1,200 limit per household est of the poor. And they apply to the a fundamental disagreement with the per year. So I would suggest or con- controls currently in place with re- gentleman certainly on the issue of clude that even the White House recog- spect to remittances in Cuba. Cuba and particularly on this amend- nizes that this policy is a pointless Removing the financial caps, as the ment. charade, which begs the question: Why Delahunt amendment seeks by prohib- My two points that I want to make, have any limits on remittances at all? iting their enforcement, means more number one, we hear a lot about It is important to understand this money for the corrupt regime to pock- Cuban-American families and their policy does nothing to hurt the Cuban et. In removing all but one of the con- families in Cuba, and those of us who Government. Nothing. Instead, it pun- trols on the recipients of these remit- are Cuban Americans struggle with ishes American citizens by forcing tances, the amendment creates an this all the time, the desire to help our them to violate the law, and as we have opening for individuals involved in il- families, at the same time propping up heard elsewhere today, causes dis- licit activities, for example, to receive a regime that oppresses them. respect for the rule of law. And it pun- U.S. currency. This amendment re- But the amendment goes beyond that ishes their relatives in Cuba by deny- moves the safeguards that have been because the law permits remittances ing them the opportunity for a better put in place and that are aimed at en- from non-Cuban Americans, from ordi- life because, and it cannot be repeated suring that transactions benefit those nary Americans who have no relation- often enough, this money does not go in need and cannot be manipulated by ship to Cuba whatsoever, to make re- to the Cuban Government. Remit- a terrorist regime starved for foreign mittances into any Cuban individual tances are direct aid to families in currency. inside of Cuba. Now that means that Cuba from ordinary people who care to In practice, this amendment redi- the potential for unlimited amounts of ordinary people in need. rects some of our U.S. currency flows money by nonfamily members having It is the official policy of the United to Cuba, which in turn the dictatorship no relationship with Cubans on the is- States that you should only do just so can direct towards its friends, that is, land to send monies into Cuba would be much. This is wrong and it is unaccept- rogue states such as Iran, Libya, and unlimited. able. Last week, President Bush said, Syria. Denying terrorists and their And when we know of Castro’s his- and I am quoting him, ‘‘Millions of acts sponsors the resources to continue tory of his support of terrorism, of his of decency and kindness help define the their activities has become a critical harboring fugitives from the United true worth and the true strength of pillar of U.S. policy in the aftermath of States, imagine those who support this great American Nation.’’ We all the deplorable acts of September 11. those who think about that in our own agree with those sentiments. Our gov- If we really want to help the Cuban country being able to send U.S. dollars ernment should never seek to limit the people, then deny their oppressor and into Cuba without restriction as to kindness and the decency of the Amer- vote ‘‘no’’ on the Delahunt Amend- amounts or process, not for Cuban fam- ican people. ment. ilies, but ultimately for those who wish

VerDate jul 14 2003 03:35 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.045 H09PT1 September 9, 2003 CONGRESSIONAL RECORD — HOUSE H8039 us harm. That is the risk with the gen- $100 a month does not do it. I would say ample, when we asked in the resolution tleman’s amendment and that is the that we need to support this amend- that has been alluded to before that law of the land today. We, in fact, as ment. the prisoners be released and elections Americans, can send money into Cuba, Mr. LINCOLN DIAZ-BALART of be held, not one prisoner has been re- and you do not have to have any family Florida. Mr. Chairman, I yield 1 minute leased, much less has an election been inside of Cuba. To now permit unlim- to the gentleman from Florida (Mr. held. Let us insist on what we asked ited amounts of that happening is MARIO DIAZ-BALART). for, and not help the regime. against the national interest of the Mr. MARIO DIAZ-BALART of Flor- Mr. DELAHUNT. Mr. Chairman, I United States and the national secu- ida. Mr. Chairman, just to respond to yield myself the balance of my time. rity of the United States. the gentlewoman from California (Ms. I agree with the gentleman, those Finally, I would point out that yes, SOLIS), Cuba does receive medical prisoners should be released, and we this does help the regime because not equipment. The U.S. can send medical will continue to work hopefully to se- only can nonCubans send money, but equipment. The gentlewoman might cure their release. At the same time, at the same time what does Castro do, want to look at the law before she the gentleman cannot deny the level in order to be able to grab those dollars speaks in front of us. and magnitude of the human rights and for him to control its use inside of Mr. Chairman, nobody wants to help abuses in Saudi Arabia, and we have to Cuba, the only way those dollars work the Cuban people more than the fami- be equally as ardent and vociferous in are at government dollar stores which lies of those Cuban people. And by the our condemnation on what occurs in are at inflated prices and in essence, way, no one wants to help those people that society. We have to have a policy gouge the Cuban people. He does get more than those Members who rep- that is devoid of hypocrisy. the money and resources, and he goug- resent the families of those Cuban peo- Let me go to the amendment very es the Cuban people in doing so, but it ple here in Congress, and a few of us briefly. The reality is that Cuban is their only remedy under this totali- represent the bulk of them, the gen- Americans who travel to Cuba, and tarianism. So ultimately, yes, the re- tleman from New Jersey (Mr. MENEN- there are many of them and they go gime gets the money we are sending. DEZ), the gentlewoman from Florida there frequently, they pour out of the Sending unlimited amounts without (Ms. ROS-LEHTINEN), the gentleman Jose Marti Airport and embrace their limitation and sending it to dollar from Florida (Mr. LINCOLN DIAZ- relatives there. And the reality and stores inside of Cuba does not make BALART) and myself, and we get elected truth is they do bring dollars with sense. The amendment does not make by those family members that these them far in excess of $1,200 a year, and sense. Members of Congress are saying that I know if I had family in Cuba, I would Mr. DELAHUNT. Mr. Chairman, what they want to help. do the same because family is first. is the time remaining? But what they understand is there is I recognize the Cuban community The CHAIRMAN pro tempore (Mr. only one solution for the suffering of and the Cuban-American family believe SESSIONS). Both the gentleman from the Cuban people, and that is getting in a sense of fairness. This is not to in- Massachusetts (Mr. DELAHUNT) and the rid of the anti-American terrorist dic- crease revenues for any government, it gentleman from Florida (Mr. LINCOLN tator, Fidel Castro. When we send more is to take care of people, families. DIAZ-BALART) have 21⁄2 minutes remain- money that has to be sent to the gov- When you are in Cuba and you are ing, with the gentleman from Massa- ernment stores and goes to the govern- there and you are visiting not just with chusetts (Mr. DELAHUNT) reserving the ment coffers so they can further their dissidents but ordinary Cubans, they right to close. terrorist activities, that does not help tell you this is a life line to survive, Mr. DELAHUNT. Mr. Chairman, I the United States of America. It makes and that is why we bring this amend- yield 1 minute to the gentlewoman no sense to help fund a terrorist re- ment to legitimatize what is going on. from California (Ms. SOLIS). gime. We know the Treasury Department (Ms. SOLIS asked and was given per- Mr. LINCOLN DIAZ-BALART of does not enforce this particular remit- mission to revise and extend her re- Florida. Mr. Chairman, I yield myself tance, but it is to legitimatize the re- marks.) the balance of my time. ality and support families everywhere. Ms. SOLIS. Mr. Chairman, I am very Mr. Chairman, debate has been brief, The CHAIRMAN pro tempore. All proud to be a cosponsor of this amend- but I think informative on this matter. time has expired. ment that would end the limit on re- The reality is that every dollar that is The question is on the amendment mittances that Americans can send to sent in remittances is spent in stores. offered by the gentleman from Massa- households in Cuba. Since the economy is owned by the re- chusetts (Mr. DELAHUNT). I had a chance to visit Cuba, and I gime, the stores are owned by the re- The question was taken; and the met several people there doing business gime. So obviously this is a delicate Chairman announced that the noes ap- on their own. I met a taxi driver, and I issue in the sense that many people ob- peared to have it. asked him a lot of questions. One of the viously send remittances to their fami- Mr. DELAHUNT. Mr. Chairman, I de- things he told me was yes, he has to lies knowing that their families have mand a recorded vote. give a portion of that money to the to spend the remittances in the dollar The CHAIRMAN pro tempore. Pursu- government, but much of it stayed stores, and thus the remittances will ant to clause 6 of rule XVIII, further with him. I said, Really, how is that end up in the hands of the regime that proceedings on the amendment offered done? oppresses the Cuban people, including by the gentleman from Massachusetts He said that is how it is done. He the families that receive the remit- (Mr. DELAHUNT) will be postponed. pulled out a wad, maybe this thick, of tances. AMENDMENT OFFERED BY MR. SANDERS dollars. And this is what is going on But since it is a terrorist regime that Mr. SANDERS. Mr. Chairman, I offer right now in Cuba. There is nothing engages in terrorist activities in addi- an amendment. wrong with that. This young man, in tion to repression of its people, that is The CHAIRMAN pro tempore. The my opinion, was very happy that tour- why these regulations, this balance, is Clerk will designate the amendment. ists like myself and others were able to in place. So again, there is a pattern The text of the amendment is as fol- visit and spend our dollars. here. The pattern is let us increase rev- lows: And yes, there are people right now enues to this dictatorship. Notice we Amendment offered by Mr. SANDERS: who would love to send not only dollars are seeing on the floor today measures At the end of the bill, insert after the last but medical equipment to Cuba to help to increase revenues to the dictator- section (preceding the short title) the fol- those that are ailing; but because of re- ship. Whether they come on the floor lowing new section: strictions, we cannot do that. We can- and say the dictator is a bad guy, look SEC. 742. None of the funds appropriated by not do that through normal channels. this Act may be used to assist in overturning at the actions. What are the effects of the judicial ruling contained in the Memo- We are hurting the Cuban people, not these amendments, to increase reve- randum and Order of the United States Dis- the government, but the people. In my nues for the dictatorship? trict Court for the Southern District of Illi- opinion, $300 every 3 months is not So we should vote down these amend- nois entered on July 31, 2003, in the action enough. $1,200 a year is not enough. ments and take further steps. For ex- entitled Kathi Cooper, Beth Harrington, and

VerDate jul 14 2003 05:11 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.046 H09PT1 H8040 CONGRESSIONAL RECORD — HOUSE September 9, 2003 Matthew Hillesheim, Individually and on Be- age discrimination analysis illustrates plans receive $89 billion a year in tax half of All Those Similarly Situated vs. IBM the problem.’’ That is from Judge Mur- breaks to set up pension plans for their Personal Pension Plan and IBM Corporation phy. workers. Out of all of the tax breaks (Civil No. 99-829-GPM). Mr. Chairman, I became involved in that companies in America receive, the The CHAIRMAN pro tempore. Pursu- this issue several years ago when many tax break for pension plans is far and ant to the order of the House of Sep- hundreds of IBM employees in Vermont away the most generous. Congress and tember 4, 2003, the gentleman from contacted my office and told me that the Federal Government should not be Vermont (Mr. SANDERS) and a Member the pensions they had been promised providing taxpayer dollars for compa- opposed each will control 30 minutes. by the company had been cut by 30 to nies to commit age discrimination The Chair recognizes the gentleman 50 percent. Imagine that. Workers stay- against its workers. from Vermont (Mr. SANDERS). ing at a company through good times Mr. Chairman, it is very important Mr. SANDERS. Mr. Chairman, I yield and bad times, providing loyalty to for the House to support this amend- myself such time as I may consume. their employers, and then one day the ment today. It is important, Mr. Chair- Mr. Chairman, this tripartisan company sends out a message which man, because despite the fact that cash amendment is cosponsored by the gen- says, in so many words, thank you for balance conversions have been found to tleman from California (Mr. GEORGE your years of dedicated service, but be illegal in the courts, the Treasury MILLER) who is the ranking member of forget about the promises that we Department is still pushing proposed the Committee on Education and the made to you regarding the retirement regulations that, if enacted, would give Workforce, the gentleman from New that you and your family were antici- the green light to these very same cash York (Mr. HINCHEY), the gentleman pating. Thank you very much, but balance pension plans that the Federal from Illinois (Mr. EMANUEL) and the we’ve changed our minds, we’ve pulled court has ruled are illegal. Clearly, the gentleman from Minnesota (Mr. GUT- the rug out from underneath you, we’re Treasury Department is intent on KNECHT). This amendment also has the cutting your pensions by up to 50 per- pushing these illegal conversions by all strong support of the AARP, the larg- cent. means at its disposal, and we must not est senior citizen group in this country Yes, IBM had enough money to pay allow that to happen. representing over 35 million Ameri- out a $260 million compensation pack- Mr. Chairman, just last year, over 300 cans, it has the support of the Pension age to former CEO Lou Gerstner, $260 Members of the House voted to require Right Centers, and the IBM Employees million to one man, but they just could the Treasury Department to protect Benefit Action Coalition. not keep their word to their long-term, older workers in cash balance pension This amendment is simple and dedicated employees. And, of course, it conversions. I thank all of them for straightforward. Five weeks ago, the is not just IBM that we are talking their support for older American work- Federal District Court for the South- about today. It is hundreds of compa- ers. In addition, over 200 Members of ern District of Illinois ruled that IBM’s nies that have done exactly the same Congress recently wrote a letter to cash balance pension conversion vio- thing. It is companies that have broken urge President Bush to withdraw the lates Federal age discrimination law. the law, discriminated against older proposed cash balance regulations that The conversion, Judge Murphy found, American workers and slashed the pen- are at issue here. Today we have the violated the age discrimination provi- sions that those workers were prom- opportunity to once again show our sions of ERISA because it discrimi- ised. support for American workers and op- nates against older workers. Mr. Chairman, it is no secret that the pose a plan which is unfair, immoral middle class in this country is hurting. b 1615 and illegal. I urge strong support for Americans are working longer hours this amendment. This court decision confirms what for lower wages. Their health benefits Mr. Chairman, I reserve the balance millions of American workers have are being cut. Corporate America has of my time. been saying for years and what hun- thrown millions of American workers Mr. ISTOOK. Mr. Chairman, knowing dreds of Members of Congress have also out on the street as they move our no other Member to do so, I will claim gone on record as stating. Conversions manufacturing sector to China, to Mex- the time in opposition, although I do to cash balance pension plans discrimi- ico and anyplace that they can find not intend to speak on the amendment nate against older workers, are illegal where they hire people for pennies an myself, but I will claim it for the pur- and must not be allowed to happen. hour. Meanwhile, in many instances, pose of yielding to any other Members This amendment would simply prevent the CEOs of these very same companies that may wish to do so. the Federal Government from using make out like bandits. The CHAIRMAN pro tempore (Mr. any funding to assist in overturning Mr. Chairman, a segment of cor- SESSIONS). Is the gentleman seeking the Federal district court ruling. That porate America have destroyed Amer- time in opposition? is what this amendment does. ican jobs, destroyed health care bene- Mr. ISTOOK. I claim the time in op- By passing this amendment, we fits and now they want to destroy the position. would not only be upholding the law, pension benefits that were promised to The CHAIRMAN pro tempore. The which is the least we can do, but we their workers. We must not allow that gentleman reserves the balance of his will also be standing with millions of to happen. Even corporate America, time. workers who have lost, and are in dan- even major campaign contributors, Mr. SANDERS. Mr. Chairman, I yield ger of losing, 20, 30, 40, 50 percent of the even folks who can spend huge sums of myself such time as I may consume. pensions that they have been promised money by placing full-page ads in the Let me just tell my colleagues how I by their employers. New York Times and elsewhere, even came into this issue in the State of Mr. Chairman, why did Judge Mur- those people have got to obey the law. Vermont. I came into this issue when, phy rule against the company and de- That is what this amendment is about. several years ago, my phone lines cide in favor of IBM employees? Let me It is about obeying the law and not en- bounced off the hook because large just read a brief excerpt of what he gaging in actions that violate Federal numbers of workers at the Vermont wrote: age discrimination statutes. In our IBM plant in Essex Junction, Vermont, ‘‘In 1999, IBM opted for a ‘cash bal- country, we have come a long way by suddenly learned for the first time that ance formula.’ The plan’s actuaries ending discrimination based on race, the pensions that had been promised to projected that this would produce an- gender and disabilities. And today we them were going to be cut substan- nual savings of almost $500 million by have got to make it crystal clear that tially and in some cases by up to 50 2009. These savings would result from we will not allow discrimination percent. reductions of up to 47 percent in future against older American workers. We I became involved with these workers benefits that would be earned by older will not allow the Treasury Depart- who stood up and said to the company, IBM employees. The 1999 cash balance ment to use taxpayer dollars to sup- you made us a promise and when times formula violates the literal terms of port age discrimination. were bad, we stayed with you, we didn’t the Employee Retirement Income Se- Mr. Chairman, let us not forget that go someplace else. One of the reasons curity Act, that is, ERISA. IBM’s own companies with defined benefit pension that we stayed with you is because you

VerDate jul 14 2003 03:35 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A09SE7.013 H09PT1 September 9, 2003 CONGRESSIONAL RECORD — HOUSE H8041 had promised us a certain pension that egg so they could have a standard of b 1630 we were basing our family retirement living to carry them through their re- So I appreciate that, and I realize on. That is the promise that had been tirement years. All that is now threat- that this is an issue that is being hotly made. What these workers did is stood ened, and, essentially, it is gone. Be- contested in court. up, talked to their fellow IBM workers cause where does an older worker go to Now, I do not know enough about the all over America and they fought back get back that pension benefit when intricacies of the argument to know and they won some partial benefits as they are 50, 55 years old with that com- whether I agree or disagree that the IBM made some rescissions in what pany? They cannot do that. They can- judge has properly followed the law or they did, but they continued the fight. not do that. That is the unfairness of not. I do know, however, that it is real- What they have said, and workers all this. That is why AARP, the American ly going to be questionable whether over America have said, is we cannot Association of Retired Persons, sup- this amendment will accomplish the discriminate against workers simply ports our amendment. That is why the intended objective. because they are old and move to cash Pension Rights Center supports the We have seen several amendments on balance. Sanders-Miller amendment. That is this bill like that, Mr. Chairman, Mr. Chairman, I yield 5 minutes to why they support this effort to bring where people offer an amendment and the gentleman from California (Mr. equity to this effort. they tell everybody this will be the ef- GEORGE MILLER). fect of my amendment. But that does What are we trying to say? Let the Mr. GEORGE MILLER of California. not make it so. Mr. Chairman, I thank the gentleman worker make a choice. Let the worker If you look at the text of the amend- for yielding me this time. I want to choose which benefit would help them ment actually offered, it says, and here thank him so much for his battle on the most. Companies under our legisla- we are talking about the Transpor- behalf of American working families tion would still be allowed to convert tation and Treasury appropriation bill: and retirees for pension protection and to cash balances, but what they would ‘‘None of the funds appropriated by safety that he has led in this Congress not be allowed to do is to harm older this act may be used to assist in over- now for a number of years. workers and their families in the effort turning the judicial ruling contained,’’ Mr. Chairman, we are here again be- to do that. That is a significant and then it recites this court order cause of the relentless effort of this ad- amount of money to these workers. We that was issued out of the U.S. District ministration to empower corporations have heard from workers all over the Court for the Southern District of Illi- to cut the pensions of older workers in country who have e-mailed our office nois in this particular case regarding this country. If this amendment does because they have heard that their the pension plan of IBM. not pass, the Treasury Department will company is thinking about this. We Now, when the amendment says you go forward and provide a ruling that have heard from people in the financial cannot use funds from the Transpor- will make it safe for corporations to industry, in the airline industry that tation-Treasury appropriation bill to cut the pensions, the defined pension have been through this, the tele- assist in overturning the judicial rul- plans of older workers. Hundreds of communications industry, industrial ing, what does that mean? Because, corporations already have filed notice companies from all over the country you see, Mr. Chairman, it is the De- that they want to do this, they are who are now being made aware of the partment of Justice that is involved in simply waiting for the Treasury De- fact that they may lose their pensions. representing the government in this partment to make the ruling. We were Mr. Chairman, American families are litigation. here once before, and the Congress reeling in this economic downturn. The funds that are used to poten- made a determination that this was They are reeling from long-term unem- tially file an appeal of this ruling are unfair, it was inequitable, it was mean- ployment, from rising health care pre- the funds of IBM, and they are the spirited and it was damaging the eco- miums, from steep declines in their funds of the Justice Department. It is nomics of retirees and their ability to savings and the 401(k) investments that not the Treasury Department directly provide for their retirement. were lost in the bursting of the stock that is involved in this, although obvi- The last time the gentleman led this market bubble. These people are ously anything that has to do with pen- effort, the General Accounting Office sion plans and tax rulings has implica- came forward and studied the impact of scrambling to keep their health care benefits, to keep their pension benefits tions for the Treasury Department. that effort and found that, in fact, But this amendment is not going to and to keep their jobs. This Congress many of these pensioners risked losing control what happens in that case. I re- should not now come along and tell half of their pension. So the situation alize it presents an opportunity for dif- them that we are going to put their today is much the same as when the ferent Members to stand up and say pensions at risk. We know that Ameri- gentleman from Vermont first sounded what their position is about that par- cans, the baby boomers, people my age the alarm a couple of years ago. But ticular ruling about pension plans, but what has changed is, in fact, we now and others, who are thinking about re- I do not think this amendment is going have a court opinion from the Federal tirement over the next 10 or 15 years to bring about the result that people District Court in the Southern District are now starting to focus on whether or desire. of Illinois that ruled, in fact, that IBM not they will be able to do that. The This amendment does not control had violated the age discrimination pension plans that the administration what the appellate court may or may protections when it changed its pen- has in order, that the Treasury Depart- not do with the order issued in this sion plan to accept a cash balance plan. ment is trying to put in place, put all case. That is beyond us. We are not What they did there was they ruled that at risk. here to dictate to a court that this is against older workers. They were going I would urge my colleagues, as they what you must find. We are here to de- to deny older workers the pension ben- have in the past on a bipartisan basis, termine what the law is. The courts in- efits that they were entitled to, and to support the Sanders-Miller-Eman- terpret the laws. If they do not do a they were going to get far less than uel-Gutknecht amendment to make good job, sometimes we will change the younger workers were going to get, and sure that, in fact, those pension plans laws or do something related to that that is age discrimination, because are not put at risk and those families court. that is what they are doing. They are are not put in that economic difficulty. But this bill is not ultimately going discriminating against older workers, to control the disposition of that law- Mr. ISTOOK. Mr. Chairman, I yield 50, 55 years old, who have 15, 20 years at suit. It ultimately will not control myself such time as I may consume. a company. Now, all of a sudden, they whether the underlying law is going to are going to find out that their pension Mr. Chairman, I certainly appreciate be changed or not. As the Committee plans have been cut in half. the great passion, and it is passion that on Appropriations, we do not make the What does that mean? That means is well-placed, when we talk about the tax laws. We do not make the pension that those people who have worked issue of pension plans for workers and laws. We have other committees in this hard, made their plans for retirement, trying to make sure that there is sta- Congress, the Committee on Ways and tried to develop their retirement nest bility and some surety in those plans. Means, the Committee on Education

VerDate jul 14 2003 03:35 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.052 H09PT1 H8042 CONGRESSIONAL RECORD — HOUSE September 9, 2003 and the Workforce, the Committee on tleman from California (Mr. GEORGE son that IBM lost that lawsuit in Energy and Commerce, have roles in MILLER), my colleagues, went to testify southern Illinois is because the facts part of this. But it is not going to be when there were hearings for this rule did not support their position. decided in this bill. change. I want to talk a little bit about a dif- So I think it is important for Mem- It would be wrong to pull the carpet ferent dimension to this, because I do bers to understand that whether this from underneath employees who are also agree with the gentleman from Il- amendment is adopted or not adopted nearing retirement, relying on that re- linois; we can craft a plan that is a is not going to control what the under- tirement, planning on that retirement. win-win situation, that would allow lying pension law of the United States As we say in our own legislation, if this companies to convert their pension is. It is consuming time for the House is good enough for the private sector, plans, with one caveat: that you give to take up the debate, but we will take let us adopt it here in Congress. Let us vested employees a choice. it as Members want to. There may be have a cash balance plan. Let me just read from the dictionary other Members who want to come down We all know the study that was done. the definition of the term ‘‘vested.’’ to the floor and talk about the amend- It would affect older-serving Members The definition is ‘‘settled, fixed or ab- ment, to oppose it, just as we have who have years of service here who solute; being without contingency, as some Members that have come to the have relied open that retirement plan. in a vested right.’’ floor to speak in favor of it. But I If it is good enough for people in the The way you do this, Mr. Chairman, would not want anyone to think that private sector who are older workers, is you literally say to those employees we are actually deciding what will be should we try it here in Congress? The who have been vested that you get a the pension laws or the outcome of answer resoundingly would be ‘‘no.’’ choice. The companies can make a con- that particular litigation when we vote But, again, we are not going to de- version, if they want, for any new on what will happen with this bate today the principles underneath hires. They can even make a conver- amendment. this bill. What we are going to say is sion for those employees who have not Mr. Chairman, having said that by while this decision is moving through vested. But at the least, we ought to way of explanation, I reserve the bal- the court, the funds through this ap- agree with this amendment that the ance of my time. propriation process cannot be used to Federal Government and its resources Mr. SANDERS. Mr. Chairman, I yield go around the court and implement should not be used to appeal this par- 1 3 ⁄4 minutes to the gentleman from Illi- this plan. ticular case. This is a very important nois (Mr. EMANUEL), who has played a Yes, later on we will debate a pension case. very active role in this issue. plan and reform the system. We have Let me just talk to the Republicans Mr. EMANUEL. Mr. Chairman, just the right values in this legislation. I for a minute. Understand, I am not over a month ago, the Federal court believe it is correct to withhold the sure that Republicans understand what ruled that IBM violated Federal anti- funds to ensure Treasury does not go is at stake here and who really is in- age discrimination laws when it con- around the court and have this decision volved. We are not just talking about verted from its traditional pension work its way so we do not in any way 6,000 IBMers; we are talking about lit- plan to a cash balance plan in the 1990s. send a signal to other employers to erally hundreds of thousands of other As a result, over 130,000 of IBM’s long- pull the rug out from underneath their people, most of them who are 45 years est-serving workers, including many in of age or older, who have been with a my home State of Illinois, moved one employees. Let the court decision go company for a very long time, many of step closer to receiving the retirement its way. Do not allow them to fund this them what we would call professional benefits they rightfully earned. Despite process and go around the court ruling. Mr. ISTOOK. Mr. Chairman, I reserve people, college-educated, technically the court’s decision, this administra- tion is pushing regulations allowing the balance of my time. trained people. Let me be very blunt: 75 Mr. SANDERS. Mr. Chairman, I yield companies to switch to cash balance. percent of them vote Republican. They Let us be honest: cash balance plans 5 minutes to the gentleman from Min- understand this issue, if it has hap- can work. We can create a win-win sit- nesota (Mr. GUTKNECHT), who has been pened to them or if they are afraid that uation here just along the model that a very active leader on this issue. it will happen to them. the Secretary of Treasury did at CSX, Mr. GUTKNECHT. Mr. Chairman, I In fact, go back to the issue of vest- where you grandfather in older work- would like to thank the gentleman ed. TIAA–KREFF, when they put out a ers. We do not need to create a win-lose from Vermont for yielding me time. questionnaire or they put out some situation that only benefits employers Mr. Chairman, it has been my privi- questions and answers when people and harms employees. There is a way lege since I have been in public life to sign up for their various pension plans, to create a win-win situation that re- represent thousands of IBM employees let me read Question 7 and the answer. flects the commitment of long-serving in Rochester, Minnesota. In fact, ap- I do not have to read the answer. workers and older workers who are proximately 6,000. I do not know how The question is, ‘‘When do my plan nearing retirement, and also gives much of the story has been told, but contributions become vested?’’ And younger workers a plan like a cash bal- this is a serious subject. then in parentheses it says ‘‘i.e., owned ance retirement plan that is a hybrid Now, I come at this not only as a rep- by me.’’ between both the defined benefit and resentative of over 6,000 IBMers, but I Now, what 6,000 IBMers found out, I the defined contribution plans. come at this as a former member of the should say probably 5,000 of them at When Secretary Snow was at his con- Legislative Commission on Pensions least who were vested, what they found firmation, he talked about what they and Retirement. So I am not saying I out is there is no legal definition of the had done at CSX when he was CEO and am an expert on pension policy, but word ‘‘vested.’’ chairman. We always around here laud this is something I probably know a They came into work one day and the private sector as a model. Well, I little more about than the average they had calculators. As part of their present to you a model, what CSX did Member of Congress. computer tool kit on their computers, for its own employees. It created a win- As the gentleman from Illinois just they had pension calculators which win situation for the company and for said, the concept of these cash balance would literally calculate for them how the individuals there, whether they plans or defined contribution plans, much their pension would be worth if were 58 and near retirement, or 38 and modified defined contribution plans, is they stayed with the company until started as new workers. That should be not necessarily a bad idea. For many they retired at age 65 or 66, whatever the way we approach this situation. younger employees who are going to the age was. They could do their little I am a proud original cosponsor of change careers and jobs throughout calculation of how much their pension this legislation. I think it reflects our their careers, this probably makes was worth. values of rewarding work, loyalty, and some sense. But the bottom line for All of a sudden they came in one day taking responsibility. Thousands of older workers, workers who have been and IBM changed the pension plan. For companies are awaiting this decision. with a company for perhaps 20 years, a few days IBM made a huge mistake. I, along with the gentleman from this is a shameless attempt to try and They left the calculators on the em- Vermont (Mr. SANDERS) and the gen- steal pension money. Part of the rea- ployees’ computer screens. They could

VerDate jul 14 2003 03:35 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.054 H09PT1 September 9, 2003 CONGRESSIONAL RECORD — HOUSE H8043 very quickly do the calculations in not going to help the people I know, This is a good idea. This amendment terms of how much the old pension the people I have worked with, particu- should be added to this bill. plan was worth to them and then how larly the senior employees of various Mr. BACA. Mr. Chairman, I rise in support of much the new pension plan was worth corporations who are so dependent the Sanders Amendment. to them. upon our defined benefit plan. This amendment is simple and straight- They did not have to be computer ex- Mr. SANDERS. Mr. Chairman, I yield forward. It would simply prevent the Federal perts to begin to figure out that all of 2 minutes to the gentleman from Min- Government from using any funding to assist a sudden they had lost, in some cases, nesota (Mr. GUTKNECHT). in overturning the federal district court ruling hundreds of thousands of dollars’ worth Mr. GUTKNECHT. Mr. Chairman, I that declared IBM’s cash balance pension of pension benefits that they thought thank the gentleman for yielding me conversion to be in violation of the pension were vested. this time. age discrimination laws that are on the books. Mr. Chairman, we should not mess This is an ad, I say to my colleagues, This amendment would protect millions of with this. I agree with the chairman that ran in today’s New York Times American workers throughout the country who from Oklahoma. I do not think the and it ran in some other newspapers I have been negatively impacted by illegal age Congress should be messing with this. I think here on Capitol Hill as well. It discriminatory cash balance pension conver- do not think the administration should says, ‘‘Don’t destroy America’s pension sions. be messing with this. I think this system. Vote no on the Sanders amend- This amendment has the strong support of should be left to the courts. ment.’’ It says, the Sanders amend- the AARP, the largest senior citizen group in He said, well, this is not pension law. ment to the Treasury Appropriation this country representing over 35 million Amer- But, understand, and I hope the gen- bill threatens to outlaw vast numbers icans, the Pension Rights Center and the IBM tleman from Oklahoma is paying at- of pension plans.’’ Well, that is just Employees’ Benefits Action Coalition. tention here, because pension law is set outrageous. That is simply not true. A federal district court in Illinois has already in several different ways. First of all, it We do not outlaw any pension plans. ruled this practice as illegal. In the case of is what is in statute. It is also what is It goes on to say, ‘‘Prevent pension IBM, 130,000 employees have seen their pen- in rule. That is what we are concerned plans from protecting employees’ pen- sions slashed as a result of IBM’s cash bal- about. sions against inflation while they wait ance scheme. The message was clear. These The other thing we are concerned to receive their benefits.’’ That is not cash balance plans—which slash the pension about that is really at issue today is in true. The Sanders amendment does not benefits of older workers by as much as terms of precedent in the courts. In do that. 50%—are illegal. some respects, this administration is All this amendment does, I say to my Despite this court ruling, it appears that the taking a wrong turn by getting in- colleagues, is it says the Federal Gov- Treasury Department is still moving ahead volved in this issue. This is an explo- ernment, the Federal taxpayers should with proposed regulations that would give the sive political issue. If you do not be- not join in this lawsuit against work- green light to the very cash balance pension lieve it, I would ask you to come to my ers. I mean, these workers literally plans that the federal court ruled are illegal. hometown and have a town hall meet- have had pension benefits stolen from This is wrong. ing, or have a committee meeting, if them and we are saying, at least the Just last year, over 300 Members of the you want to hear from 6,000 IBMers. administration should be kept from House voted to require the Treasury Depart- This is a good amendment. This is joining sides with the company. This is ment to protect older workers in cash balance the right thing to do. It ought to be in- the most outrageous ad since the pre- pension conversions, and over 200 Members cluded in this bill. scription drug ads that they were run- of Congress recently wrote a letter to urge President Bush to withdraw the proposed cash b 1645 ning a few weeks ago. Now, the gentleman from Vermont balance regulations that are at issue here. Mr. ISTOOK. Mr. Chairman, I yield 2 Congressional intent is clear—these conver- minutes to the gentleman from New (Mr. SANDERS) and I agree on almost nothing, but twice a year we agree on sions hurt our nation’s pensioners and this York (Mr. HOUGHTON). practice must stop. Mr. HOUGHTON. Mr. Chairman, I two things. One is the prescription drug prices and the other is pension But, there are some in Congress who may thank the gentleman for yielding me believe that cash balance plans are good for this time. policy. This is a good amendment. It ought American workers. Well, according to a CRS Mr. Chairman, I would say to the report the Speaker of the House, the distin- gentleman from Vermont (Mr. SAND- to be included in this bill. It is out- rageous for the administration to join guished Majority Leader and others would see ERS), wherever he is, I am going to sug- their pensions slashed by as much as 69% gest a vote against his amendment. I sides with companies that are trying to steal from pensions. under a cash balance plan. have been around business many years, We do not tolerate discrimination against and I have been in and out of pension I say to my colleagues, we have to understand, pensions are in trust. We workers based on race, based on gender and plans in many different corporations, based on other criteria, and we must not tol- and this is a dangerous amendment. I had this when I was on the pension commission back in Minnesota. One erate discrimination based on age. am not going to talk a long time on I urge my colleagues to support the Sanders year there was a firefighter from Wi- this thing; I just have to tell my col- Amendment. leagues how I feel. nona who embezzled something like Mr. SANDERS. Mr. Chairman, I yield Also, I am on the Committee on $200,000 from the Winona Firefighters back the balance of my time. Ways and Means, and I would like to Pension Fund. And both sides came in Mr. ISTOOK. Mr. Chairman, I yield feel that we would have an opportunity and said, it is not my money. It is not back the balance of my time. to understand this and look at it. my money. The money that was embez- The CHAIRMAN pro tempore (Mr. There has been no notice on this thing zled belonged to the city, or it was not TERRY). The question is on the amend- whatsoever. our money that was embezzled. And ment offered by the gentleman from But the bottom line is this: the Coo- then, when the pension fund started to Vermont (Mr. SANDERS). per ruling threatens to drive employers get better rates of return and they The question was taken; and the out of the pension system. Pension were making more money than they Chairman announced that the ayes ap- plans nationwide will be burdened with needed, then the groups were coming in peared to have it. huge additional liabilities, leaving and saying, wait a second. That is our Mr. SANDERS. Mr. Chairman, I de- workers worse off. Is that what we money. mand a recorded vote. want? The fact of the matter is pension The CHAIRMAN. Pursuant to clause As a result of the Cooper decision, we money does not belong to the company 6 of rule XVIII, further proceedings on understand the voluntary pension sys- and it does not belong to the employ- the amendment offered by the gen- tem itself would be in danger. Is this ees. It is in trust. And when they make tleman from Vermont (Mr. SANDERS) the protection workers need? I do not these conversions, the real purpose is will be postponed. think so. to take that money, in effect, out of AMENDMENT OFFERED BY MR. VAN HOLLEN Frankly, I would urge people to vote the trust and put it on to the bottom Mr. VAN HOLLEN. Mr. Chairman, I against the Sanders amendment. It is line of the companies. offer an amendment.

VerDate jul 14 2003 03:35 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.056 H09PT1 H8044 CONGRESSIONAL RECORD — HOUSE September 9, 2003 The CHAIRMAN pro tempore. The to get the best deal, we want an even ter deal than at the beginning of the Clerk will designate the amendment. playing field. And if we rig the process day. That is what the old OMB circular The text of the amendment is as fol- in one way, it is not just unfair to Fed- did. The new one does not do that. lows: eral employees, it is unfair to tax- Another problem: It artificially in- Amendment offered by Mr. VAN HOLLEN: payers around this country, because flates the cost of the Federal employ- At the end of the bill (before the short they are not getting the best bang for ees’ bids. So right off the bat, if you title), insert the following: their buck. are the Federal employees group, you SEC.ll. None of the funds made available So what does this amendment do? are at a disadvantage because it arbi- by this Act may be used to implement the What this amendment does is it gives trarily assumes about a 12 percent revision to Office of Management and Budget the OMB, officials at the Office of Man- overhead as part of your bid. Now, the Circular A–76 made on May 29, 2003. agement and Budget, another chance Inspector General of the Department of The CHAIRMAN pro tempore. Pursu- to rewrite the rules. It would keep in Defense has said that the 12 percent ant to the order of the House of Sep- place the A–76 rules that have governed overcharge arbitrarily slapped on in all tember 4, 2003, the gentleman from the process right up to May 29 of this the in-house bids is insupportable, and Maryland (Mr. VAN HOLLEN) and a year. So it does not get rid of private- that either a new overhead rate must Member opposed each will control 15 public competitions, it just says let us be established or an alternative meth- minutes. have a time out and take another look odology must be devised to allow over- The Chair recognizes the gentleman at these rules to make sure that they head to be calculated on a competition- from Maryland (Mr. VAN HOLLEN). are fair. specific basis. In fact, there has been Mr. VAN HOLLEN. Mr. Chairman, I In fact, it does not go as far as we an egregious case recently showing yield myself 8 minutes. have gone in this House earlier this how Federal employees, that their bid Mr. Chairman, this amendment is de- year. In the Interior Appropriations, would have saved the taxpayers mil- signed to ensure that we have an even there was an amendment added that lions of dollars over a private sector playing field when the Federal Govern- got through this House that actually bid, and the private sector company ment decides to hold a competition to prohibits the Department of the Inte- got the award, but it turned out that contract out Federal jobs and services rior from new contracting out in this because they had miscalculated the to private contractors. It has been the coming year, to do new reviews in this overhead for the Federal employees, long-standing policy of our government year. This amendment does not go this the taxpayers got burned. to allow for public-private competi- far. This does not say no new con- So if the new A–76 process is being tions for those services that can be ap- tracting out. It just says let us play by written to promote fair public competi- propriately performed in the private the rules that we have been playing tion, why does it so dramatically in- sector, and that process is known as with up until May 29 until we have an flate the overhead cost for the in-house competitive sourcing and it is a good opportunity to visit the flaws, revisit bids by Federal employees? process. But as part of an ideologically- the flaws and look at the flaws in the Another problem: It discourages the run agenda to contract out more and new process. private sector from providing adequate more Federal Government jobs, the Of- What are some of those problems? health care benefits to its employees. fice of Management and Budget, on Number 1, the new OMB circular does In other words, in order to get the con- May 29, issued a new circular, a new not even allow the Federal employees tract, the bid from the Federal Govern- ruling, and they rewrote the rules to to submit their best bid. You have a ment, you in the private sector, in tilt the playing field in favor of private streamlined, fast-track process. Now, order to get yourself a better deal, you contractors at the expense of Federal the pro-contractor commercial activi- submit a package as part of your bid, it employees. ties panel have themselves said that does not contain adequate health care Now, Federal employees are happy to Federal employees should have the benefits for your employees. Obviously, that saves you money. It essentially al- submit to competition. I have thou- right to submit their best bids because lows the jobs to be shipped out to sands of Federal employees in my con- of the so-called most efficient organi- somebody else who does not provide gressional district and they are willing zation process, the process by which to compete with the private sector. But adequate benefits. Federal employees can also organize If that is not the intention, we in this it is unfair to ask them to compete themselves flexibly so that they can with one hand tied behind their back, body should do exactly what the Sen- compete on an even playing field, that ate did on a bipartisan basis earlier and that is what the most recent OMB that is designed to achieve efficiencies rewrite of the circular does; it stacks this year in the Senate Defense Appro- and promote higher levels of perform- priations bill, where they said that if the decks against our public employ- ance. you are the private sector company ees. Well, if the new A–76 process is about and you are offering a bid that does not There are going to be 416,000 Federal performance and efficiencies and more have adequate health care benefits, employees that will have to submit to competition, why is it designed so it then the cost of health care benefits the new privatization process. does not allow Federal employees the should not be considered as part of ei- Now, under the current system, ability to organize themselves to sub- ther bid. In other words, it should not about 60 percent of the times when we mit their best bids in the competition? be factored into the Federal employees’ have these private-public competitions, Another problem: The new circular bid, and it should not be factored into about 60 percent of the time, the Fed- does not require contractors to at least the private contractor bid. That way, eral employees have won the bid. But show as part of their bids that there the private contractor would not according to the Private Contractors are going to be appreciable savings. It achieve an unfair advantage by pro- Association, the association that rep- would not require the contractors as viding little or no health benefits to its resents those who would be receiving part of the bidding process to at least employees. the private contracts, according to promise the taxpayers some financial So those are just some of the prob- them in their own written statements, benefit, and that is a change. Up until lems, Mr. Chairman. As I said, all we if the rules are rewritten, the number May 29 of this year, we required that need to do is take a time out, let us of times the Federal employees could the private contractor submitting that play by the rules that were in effect up win would drop from about 60 percent bid show that they are going to achieve until May 29 of this year, and provide a to 10 percent of the time. Now, how can at least a 10 percent savings, or $10 mil- little time to do the rest. we predict that in advance if we have a lion, whichever is less, over what is Mr. Chairman, I reserve the balance fair process? being done by the Federal employees. of my time. Well, the reason we can predict it in These contracting-out processes, these Mr. ISTOOK. Mr. Chairman, I claim advance is it is not a fair process. It competitions cost us a fair amount of the time in opposition. rigs the process against Federal em- money and time and resources to orga- Mr. Chairman, I yield 5 minutes to ployees, and it is a bad deal for tax- nize it. We should, at the end of the the gentleman from Virginia (Mr. payers, because as taxpayers, what we day, at least be able to show the tax- DAVIS), the chairman of the Committee want is the best deal for all of us, and payers that we are going to get a bet- on Government Reform.

VerDate jul 14 2003 03:35 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.058 H09PT1 September 9, 2003 CONGRESSIONAL RECORD — HOUSE H8045 b 1700 downsize the workforce or to contract conducted a year-long review of the Mr. TOM DAVIS of Virginia. Mr. jobs out. It is about harnessing the competitive sourcing process and Chairman, as I understand this amend- benefits of competition to produce su- issued recommendations, most of them ment, it basically strikes the new OMB perior performance for the taxpayer, unanimous, for comprehensive changes circular A–76 and would be replaced by regardless of who performs a service. to process. And I think we have to give the old OMB circular A–76, which all And in almost every instance where that revamped process a chance to the parties were complaining about competitive sourcing is applied, the work before we willy-nilly throw it out prior to this time. So the question real- government ends up with a savings. and go back to the old process, which ly before the House is, is the new cir- Sometimes this is done by the govern- everyone was complaining about. cular which was met, after getting ment employees and the government I think the new process is, in many input from all of the stakeholders, with groups who have gotten together and ways, fair. The gentleman from Mary- a number of unanimous agreements on have retooled the way they provide the land (Mr. VAN HOLLEN) and I disagree. how this should be changed and incor- service and do it more efficiently. I will address more of this later. I urge porated into this, after literally 700 Sometimes it is done by an outside that we oppose the Van Hollen amend- comments were received in developing party coming in and showing that they ment which would take us back to the the guidelines, if this should be can do it better. days that everyone was complaining changed or should we go back to the There is no way to measure effi- about and just were not working effi- old circular A–76. ciency in government when you are a ciently. Is that a correct understanding? monopoly. But if you can go out, occa- Mr. VAN HOLLEN. Mr. Chairman, I Mr. VAN HOLLEN. Mr. Chairman, sionally, to the private sector and say, yield myself such time as I may con- will the gentleman yield? what can you perform, it gives us a sume. Mr. TOM DAVIS of Virginia. I yield standard of performance, a measure- Mr. Chairman, let me respond briefly to the gentleman from Maryland. ment of efficiency that we would not to a few of those points. There is no Mr. VAN HOLLEN. Mr. Chairman, have otherwise. doubt that whenever we do these com- there are certainly problems with the Now, there is a problem with this petitions, and I think these competi- old A–76 that I believe should be cor- that I readily concede, and it troubles tions are a good thing if done fairly, rected, but I also believe that the new me, and it is one that the gentleman when we do these competitions, it does A–76 is, in many parts, worse and cre- from Maryland (Mr. VAN HOLLEN) and I cost the taxpayer money just to set ates a more unfair playing field for have wrestled with. And that is, who them up and run them. Just as the gen- Federal employees. wants to come work for the Federal tleman from Virginia (Mr. TOM DAVIS) Mr. TOM DAVIS of Virginia. Re- government and dedicate a career to has said, that is an expense. claiming my time, I understand the civil service if your job is going to be That is why it is baffling to look at gentleman’s position. To be sure, all of up for evaluation every 5 years, which the new circular and see that, unlike us who have dealt with these issues, is what the guidelines in last year’s bill the old version, the new circular does and I have, for a number of years, there called for. Twenty percent every year not require that the private contractor are concerns about the way the admin- was going to be looked at, of inher- show some savings is going to be istration has gone about competitive ently non-governmental services that achieved from their bid. It used to be sourcing. Two major problems that the government is providing, and we you had to show at least a 10 percent come in: One we have fixed with this would see if it could be competitively savings or $10 million or whichever is bill, and that is when the administra- sourced. And, basically, that meant on less. That is not part of it any more. tion goes to competitive sourcing, average every 5 years a person’s job And yet we will go through the expense there is a cost to that because you would be evaluated, and that hurts our of setting up these competitions and have to hire people to evaluate it. recruitment. It hurts our retention. taking out the one provision that en- There are costs of the government Now, the fact of the matter is, in sured some kind of savings for the tax- looking and revamping how they would most cases where the outside parties payer. produce a service. You are evaluating win, Federal employees are offered Number two, I share the gentleman’s the private sector to see how they rights of first refusal. In fact, that is concern about the Federal employee would provide the service. There are spelled out better in the new A–76 cir- who is planning a career, investing costs to that, and right now those costs cular. That if, in fact, the government time and energy and knowledge in the are not currently recaptured. is displaced by an outside firm, jobs are Federal Government because the Fed- We have put language into the under- offered to the Federal employee gov- eral employees can win the bid and the lying legislation here through our com- ernment to provide that service so they next day they could be subjected to an- mittee that will, for the first time, are not out of work. They are no longer other round. And within 5 years, it is have the Federal Government report on Federal employees. They lose some required after 5 years that they be sub- those costs so that they can be ade- benefits; they pick up some benefits in jected to another round of competition. quately waived. some particular cases. But to be sure, There is no such requirement placed on The second is issue is, I think in there are instances that we wrestle the private contractor. some cases the administration is mov- with. There are many other issues. I just ing too fast, doing too much competi- Now on May 29, the OMB published think it is time to send them back to tive sourcing, more than they can ade- its final revisions of the A–76 process. the drawing board. They may have quately handle and evaluate. We have These revisions were the first major spent a lot of time on it, but they did heard there have been a couple high- overhaul to the competitive sourcing not get it right. Let us let them get it profile instances where the administra- process in 20 years. And this came after right. tion has come forward and the evalua- all parties, but particularly Federal Mr. Chairman, I yield 5 minutes to tions have probably not been appro- employees, were complaining about the the gentleman from California (Mr. priate, and I think they are biting off old system, a system that we return to WAXMAN), the ranking member of the more than they can chew. But I do not if this amendment passes. Committee on Government Reform, think that goes to the base of the A–76 What we have now is a product of a 2- someone who has spent a lot of time reasonable or reasonable. I like the year effort that includes discussions working on this issue as well and who new procedure, or if there are revamps, and negotiations with all stakeholders has been pushing the issue of fairness I would prefer not to do it through this including Federal employee groups, to Federal employees. process. I would rather go back and private sector companies. As I stated Mr. WAXMAN. Mr. Chairman, I evaluate it in committees. We have before, more than 700 comments were thank the gentleman for yielding me held hearings and are continuing to taken into account in developing these time. look at this. new guidelines. They also incorporated Mr. Chairman, I rise in support of the Remember, competitive sourcing is the core recommendations of the Com- Van Hollen amendment to the Trans- not the same as out-sourcing or privat- mercial Activities Panel. This panel, portation, Treasury Appropriations ization. Its purpose is neither to headed by the Comptroller General, bill.

VerDate jul 14 2003 03:35 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.065 H09PT1 H8046 CONGRESSIONAL RECORD — HOUSE September 9, 2003 The amendment of the gentleman age. It does not create new private sec- ticipating against eight or ten different from Maryland (Mr. VAN HOLLEN) tor jobs. It creates private sector pub- proposals, they now have an oppor- blocks the administration from using lic-taxpayer-funded jobs. tunity, under the revision that came Federal funds to implement revisions Mr. Chairman, it is time to stop this from this Commercial Activities Panel, to the A–76 process. In effect, it pre- destructive effort to give Federal jobs to update the process and make it bet- vents the administration from paying to private contractors who are cam- ter. Government employees now have politics with the civil service system, paign supporters. Vote yes on the Van an opportunity to compete against and it deserves my colleagues’ strong Hollen amendment and stop this ad- what is seen as the best offer. ministration’s war on Federal employ- support. b 1715 Now, this week the Brookings Insti- ees. tution reported on the true size of gov- Mr. ISTOOK. Mr. Chairman, I yield 5 I disagree with the gentleman from ernment. Unfortunately, the report is minutes to the gentleman from Texas Maryland. I think really what is trying not surprising to those of us who have (Mr. SESSIONS). to happen here is they are just trying watched this administration’s assault Mr. SESSIONS. Mr. Chairman, I ap- to kill the whole process, cause a on the Federal workforce. preciate the gentleman from Oklahoma smoke screen when, in fact, we, as The Brookings Institution found that (Mr. ISTOOK) allowing me to stand in Members of Congress, should recognize the shadow workforce of private con- opposition to the Van Hollen amend- that through a series of acts, that we tractors working for the Federal Gov- ment. have talked about and debated on the ernment is now 16.7 million, which is Today what we are talking about floor of the House of Representatives 9.5 times as large as the civil service really is the opportunity for the tax- that we determine that the taxpayer workforce. payer to be the winner in the work that needs the best that can come from This administration is not satisfied is performed by and for the govern- these competitions. If it is government with a private contractor workforce of ment. This amendment obviously employees, so let it be. If it is not gov- 16.7 million, so it is launching yet an- would require that all public-private ernment employees, in a part of the other attack on Federal employees. competitions be conducted under the business that is not inherently govern- Let me say to those conservatives old and wisely distrusted A–76 circular. mental, then it should go to whoever who say, we want to shrink govern- We, in Congress, had a hand in form- can do that best, who can do it at the ment, contracting out does not shrink ing not only this Commercial Activi- best cost, who can provide it day in and government. It is public-funded jobs, ties Panel, but I think that Congress day out to the best effort of what the but it is public-funded jobs in the pri- needs to listen to the changes that taxpayer is. vate sector. Taxpayers are paying for took place back in May from this body. I will tell my colleagues that I op- it, but these people may not have any Essentially, what they did is they pose the Van Hollen amendment be- of the benefits, and they may not be went and looked at other areas of gov- cause I believe that the commercial ac- saving us any money. ernment that had been doing tivities panel who offered many unani- This administration is launching yet outsourcing in a positive way; what I mous recommendations, unanimous another attack on Federal employees might call best practices, a way to look recommendations from people all over, because the vehicle for this assault is at the way things should be done that not only unions, but also other com- this obscure OMB circular called A–76, would be better for not only govern- mercial bodies, people who know the which the administration recently re- ment employees and also good for business, people who know the market- vised to accelerate the transfer of Fed- those who might be bidding, but, more place, people who know what is fair so eral jobs to the private sector. importantly, to really get them up to that the taxpayer can get the best dol- This mad rush to privatize civil serv- date with the leading edge practices. lar for what they paid for, they are the ice is dangerous. When the government Essentially what happened was there people who studied this, they are the turns to poorly supervised private con- were a lot of transparencies, a lot of people who made the recommenda- tractors, the potential for waste, fraud, things that were recognized that need- tions, and they said they want to be and abuse soars. ed to be changed. Some of them had a fair, fairer, best practices, not only to This is not just my assessment. Just time frame so that these competitions government employees, but also those read the countless GAO reports on con- did not stretch on forever. But perhaps employees who might be in another tractor abuses. The problem is so bad the most important part of applying company who are competing for some- that contract management at DOD, the this, and these changes, is that it is thing that is part of the business of the Department of Energy, and NASA, the going to really offer a level playing United States government that is not three agencies that most heavily rely field. That is entirely different than inherently governmental. on private contractors, is on the GAO’s the old A–76 process. So the gentleman from Oklahoma, list of high-risk Federal programs. Mr. Chairman, the old A–76 was es- who is standing up today to oppose this Mr. Chairman, the Office of Manage- sentially a competition where everyone unwise amendment, I stand with him, ment and Budget’s Statement of Ad- bid and then the government was a also. I stand with the chairman of the ministration Policy alleges that the part of that. These changes will create Committee on Government Reform Van Hollen amendment prohibits fund- a level playing field that I think is bet- who understands that we must defeat ing for public-private competitions. It ter for government employees. Because the Van Hollen amendment. does not. The Van Hollen amendment what will happen is the competition Mr. VAN HOLLEN. Mr. Chairman, I simply prohibits these competitions will now be under the Federal acquisi- yield myself the remaining time. from being conducted under the newly tion regulations, which means that Mr. Chairman, I think one thing we revised rules giving it an unfair advan- government will be able to respond to agree on is that what we want is the tage to private contractors. the best offer from the private sector. best deal for the taxpayer, and the way The Washington Monthly wrote last So the government will be able to now to get the best deal for the taxpayer is month, ‘‘Even the Federal payroll can respond. to have a fair competition process be- become a source of patronage. . . . Those employees will now be given tween the Federal employees and be- Bush has proposed opening up 850,000 an opportunity to see that bid and to tween private contractors who are Federal jobs, about half of the total, to compete against that, which gives gov- competing for that. That is how we get private contractors. And while doing so ernment employees a chance, not in the best deal. may or may not save taxpayers much the whole mix, but rather specifically What this new circular does is tips money, it will divert taxpayer money against the best offer to where it is a the playing field in favor of private out of the public sector and into pri- real competition. contractors. That is the only way the vate sector firms, where the GOP has a These are things that have been done association of private contractors chance to steer contracts toward po- in the Department of Defense for a would be able to predict in advance litically-connected firms.’’ number of years. now before any of the bids have been This is not shrinking government. So instead of allowing the mix where placed that Federal employees will This is using government for patron- government employees would be par- only win 10 percent of the contracts in

VerDate jul 14 2003 03:35 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.066 H09PT1 September 9, 2003 CONGRESSIONAL RECORD — HOUSE H8047 the future, in contrast to about 60 per- that opportunity. It will kill the sav- could not stop that, and that is also a cent now. ings for taxpayers. And if this bill were fear I have. I outlined a specific series of fatally to be vetoed because the amendments Right now we are in a mode where we flawed problems with the new circular. exceed it, bulldozers across the country are working with them where they are I have not heard any response to any of would stop. Transportation projects communicating with us, where they them. One, Federal employees are not would come to a halt if we did not have are making changes and reacting to given the opportunity to come forward this bill done in time to have those some of the results of our hearings and with their best bids; two, we are not continue. congressional input. I fear if this goes, guaranteed any savings under the new Effectively, this amendment would that the executive branch will exercise process, although we were under the kill competitive sourcing. The Presi- their prerogatives and will move ahead other process; three, artificially in- dent’s initiative will have real cost in something that I think could be flated overhead costs in Federal em- savings to the taxpayers. Recent A–76 more disadvantageous to Federal em- ployee bids that put them at a dis- competitions have resulted in savings ployees. advantage. Many other problems, un- of 20 to 30 percent. The Department of Finally, this process is fair in the fairness with regard to health benefits. Defense alone expects to save $11 bil- sense that if the private vector wins a Those are all problems. lion between 1997 and 2005 as a result of competition, the contractor has to give I represent many Federal employees, these competitions. any displaced Federal employees a and I know that the organization that There are more savings like that in right of first refusal for jobs. The proc- represents Federal employees, the other agencies, but most of the Federal ess provides for a 10 percent cost eval- American Federal Government Em- workforce will not ultimately be af- uation adjustment to the incumbent ployees Group, is against this new cir- fected by these things, but we need the services provider, Federal employees in cular. They speak for their fellow Fed- chance for the savings for the tax- most instances, and Federal employees eral employees. This is a bad idea, and payers. Mr. Chairman, I ask that this offers do not have to comply with all we are asking in this amendment, amendment be defeated. small business requirements or in not to get rid of the process. The idea Mr. Chairman, I yield the balance of many cases have their past perform- of having a competitive process is a my time to the gentleman from Vir- ance evaluated. Private sector compa- good one. It is good for the taxpayers, ginia (Mr. TOM DAVIS), the chairman of nies do. and when it is done fairly, it is good for the Committee on Government Reform. This is not about campaign contribu- everybody. Mr. TOM DAVIS of Virginia. Mr. tions. I would add to the gentleman on Let us go back to May 29. It still had Chairman, again, my friend from Mary- the other side, contributions from problems but this does not fix it. This land and I have fought a lot of battles unions have gone to the people who are makes it worse. I urge my colleagues on behalf of Federal employees. I rep- for this amendment and for other dis- to vote in favor of this amendment. resent a lot of Federal employees, as he similar amendments. There are inter- Mr. ISTOOK. Mr. Chairman, I yield does. We disagree about this particular est groups on all side of this issue, but myself such time as I may consume. amendment. I also represent a lot of let us do what is right for the tax- I rise in opposition to the amend- contractors, and I also represent tax- payers, let us do what is right for this ment. If my colleagues want to try to payers who at the end of the day should country. Let us defeat the Van Hollen kill the bill, and all that it does for be the major beneficiary from this be- amendment. transportation in the United States, cause competitive sourcing, I think, The CHAIRMAN pro tempore (Mr. sure, go ahead and vote for the amend- means not less government or more TERRY). All time has expired. ment because the amendment will be government, it means more efficient The question is on the amendment the reason for a veto of this bill if that government, and that is the goal of offered by the gentleman from Mary- amendment is part of the final product. this. I hope the gentleman understands land (Mr. VAN HOLLEN). The statement of administration pol- that it is a question of how we get to The question was taken; and the icy issued concerning this legislation that. Chairman announced that the noes ap- reads as follows: ‘‘The administration Let me make a couple of comments. peared to have it. understands that an amendment may I believe this is better for Federal em- Mr. VAN HOLLEN. Mr. Chairman, I be offered on the House floor that ployees in the sense that the new OMB demand a recorded vote. would effectively shut down the admin- circular A–76 allows the government The CHAIRMAN. Pursuant to clause istration’s competitive sourcing initia- instead of just providing cost estimates 6 of rule XVIII, further proceedings on tive. If the final version of the bill con- that are compared against competition the amendment offered by the gen- tained such a provision, the President’s among the private sector, it almost tleman from Maryland (Mr. VAN senior advisors would recommend that puts the government at a disadvantage. HOLLEN) will be postponed. he veto the bill.’’ This allows them to compete on the AMENDMENT OFFERED BY MR. PETERSON OF This bill is too important for that, same field. It allows them to be more PENNSYLVANIA Mr. Chairman. Anyone who does not innovative in competing with the out- Mr. PETERSON of Pennsylvania. Mr. think they are serious should look at side companies, and I think, therefore, Chairman, as the designee of the gen- the current dispute over the aviation more likely to prevail. Government ba- tleman from Kansas (Mr. MORAN), who reauthorization bill where there is sically has a chance to respond to the has not arrived yet, I offer an amend- much of the same issue, where people private sector on the same grounds, ment. that are Federal employees want to something they do not get under the The CHAIRMAN pro tempore. The guarantee that work that does not current A–76 circular and something in Clerk will designate the amendment. have to be performed by Federal em- our hearings has been something they The text of the amendment is as fol- ployees nevertheless must be per- have complained about. That is thrown lows: formed by them, and we are having out the window with the gentleman’s Amendment offered by Mr. PETERSON of fights over that. That is unfortunate amendment. Pennsylvania: Notwithstanding any other provision of because the taxpayers save money Secondly, since OMB circular A–76 is this Act, for necessary expenses to carry out every time we go through the competi- not a regulation but it is simply an the essential air service program pursuant to tive sourcing process. OMB circular, OMB can put out an- 49 U.S.C. 41742(a), there is hereby appro- Typically, most of the time, the Fed- other provision tomorrow with minor priated $63,000,000, to be derived from the air- eral employees get to keep the work, revisions that we cannot touch. It port and airway trust fund and to remain but they have to agree to do it in a could be worse, it could be better, but available until expended. manner that gets around some of the they do not have to go through the The CHAIRMAN pro tempore. Pursu- normal red tape that makes everything hearing process that they did by law to ant to the order of the House of Sep- cost more typically when it is done by arrive at the conclusion they did here. tember 4, 2003, the gentleman from the Federal Government. This is our So they could come back, issue a new Pennsylvania (Mr. PETERSON) and a chance to get around that, but the circular tomorrow that would be very Member opposed each will control 5 amendment that is before us will kill similar, could be more onerous, and we minutes.

VerDate jul 14 2003 03:35 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.068 H09PT1 H8048 CONGRESSIONAL RECORD — HOUSE September 9, 2003 The Chair recognizes the gentleman On May 29, 2003, OMB finalized its gentleman from Florida (Mr. HASTINGS) from Pennsylvania (Mr. PETERSON). controversial rewrite of the privatiza- offers is not going to become law, be- Mr. PETERSON of Pennsylvania. Mr. tion process. It is referred to and has cause if it is in the bill, the President Chairman, I yield myself such time as been talked about here as OMB circular will veto the bill. I may consume. A–76. Unlike previous revisions, this We have gone through this argument When 9/11 hit this country, our air- latest effort has generated an enor- before in prior years. This is a very im- line industry had a crushing blow, and mous amount of bipartisan criticism portant initiative to the administra- the part of it that is probably hurting because of the significant changes that tion and to the taxpayers of the United the most is the commuter system out have been wrought which put Federal States to allow the opportunity for there that serves much of rural Amer- employees at a competitive disadvan- government to be more efficient; to ica. It is vital that we continue the es- tage. allow competitive sourcing that tells sential air service program that helps Mr. Chairman, taking jobs away from the private sector and the government them maintain service until they can Federal employees without giving sector, each of you sharpen your pen- build their business back up. them the chance to compete is wrong, cils and find the most cost-effective Currently, though inadvertently, this period. Yet circular A–76 does just and efficient and successful way to do bill no longer has funding for essential that. In fact, contractors have said in the work. air services. My amendment is very writing that they believe as a result of And typically we are not talking simple. I will keep it very short. My OMB’s revisions to circular A–76, the about things that are inherently gov- amendment restores the funding that number of competitions won by Fed- ernmental. We are talking about every- was in the original committee markup, eral employees will dramatically de- thing from food service contracts to and I urge my colleagues to support it. crease from 60 percent to perhaps 10 building maintenance contracts, the Mr. Chairman, I yield back the bal- percent. kind of work that does not require ance of my time. The amendment that I am offering someone to be a government employee The CHAIRMAN pro tempore. Does today ensures that Federal employees either for issues of performance or any Member seek time in opposition? receive a fair shake in any public pri- safety or security. We are not competi- If not, the question is on the amend- vate competition. It is fair, balanced tive sourcing jobs that involve those ment offered by the gentleman from and is supported by the American Fed- areas. Pennyslvania (Mr. PETERSON). eration of Government Employees, the If we want the taxpayers to save bil- The amendment was agreed to. AFLCIO and other major labor groups lions of dollars, if we want the typical AMENDMENT NO. 5 OFFERED BY MR. HASTINGS throughout the country. savings of 20 to 30 percent, we should OF FLORIDA Specifically, the amendment pro- not be trying to restrict competition. Mr. HASTINGS of Florida. Mr. Chair- hibits the use of funds appropriated by Government too often claims a monop- man, I offer an amendment. the Act to be used by OMB to require oly. We do this because we are the gov- The CHAIRMAN pro tempore. The agencies to establish an inventory of ernment and nobody has a chance to Clerk will designate the amendment. inherently governmental activities find a better way to do it. Give people The text of the amendment is as fol- performed by Federal employees or es- that chance. Give people the oppor- lows: tablish or implement any streamlined tunity. We should be defeating this Amendment No. 5 offered by Mr. HASTINGS competition of less than 6 months. amendment and allowing the adminis- of Florida: The amendment also prohibits the tration to go forward with what is a At the end of the bill (before the short use of funds to be used by OMB to con- very modest effort to improve the com- title), insert the following: duct follow-up competitions for public- petitive sourcing process. SEC.ll. (a) None of the funds appropriated Mr. Chairman, I reserve the balance by this Act may be used by the Office of private competitions won by Federal Management and Budget, under OMB Cir- employees, something not required in of my time. cular A–76 or any other administrative regu- instances where services are contracted Mr. HASTINGS of Florida. Mr. Chair- lation, directive, or policy, to require agen- out, and the amendment still allows man, I yield myself such time as I may cies— Federal agencies to experiment with consume. (1) to establish an inventory of inherently outsourcing of information technology Mr. Chairman, my colleague from governmental activities performed by Fed- activities. Oklahoma, the chairman of this com- eral employees; Mr. Chairman, my amendment does mittee, is most sincere, as have been (2) to establish or implement any stream- other persons. The gentleman from lined competition procedures; not impose a suspension on contracting Virginia (Mr. TOM DAVIS), for example, (3) to require any follow-on competition; or out. was here when the Van Hollen amend- (4) to implement the tradeoff source selec- b 1730 tion process for any activities other than in- ment was on the floor, which I might formation technology activities. Instead, it is a fair compromise be- add I support very vigorously. That is The CHAIRMAN pro tempore. Pursu- tween the new OMB Circular A–76 and the Van Hollen amendment. Both of ant to the order of the House of Sep- a complete prohibition against its use. them, and others, and I see the gen- tember 4, 2003, the gentleman from I certainly hope that my colleagues tleman from Virginia (Mr. TOM DAVIS) Florida (Mr. HASTINGS) and a Member will agree with me and vote ‘‘yes’’ on rise again, are likely to speak of waste- opposed each will control 15 minutes. my amendment. ful government spending. I agree with The Chair recognizes the gentleman Mr. Chairman, I reserve the balance them; this government has its fair from Florida (Mr. HASTINGS.) of my time. share of wasteful spending. What I do Mr. HASTINGS of Florida. Mr. Chair- The CHAIRMAN pro tempore (Mr. disagree with, what the gentleman man, I yield myself such time as I may TERRY). Does anyone seek time in op- from Oklahoma (Mr. ISTOOK) just said consume. position? is that if this measure is to pass that it Mr. Chairman, I rise today to offer an Mr. ISTOOK. Mr. Chairman, I claim will not become law because the Presi- amendment that, if adopted, will en- the time in opposition. dent and his administration have indi- sure Federal employees are given an The CHAIRMAN pro tempore. The cated that they will veto the measure. opportunity to compete on a level play- gentleman from Oklahoma (Mr. Mr. Chairman, I remind the gen- ing field during the Office of Manage- ISTOOK) is recognized for 15 minutes. tleman from Oklahoma (Mr. ISTOOK) ment and Budget’s continued efforts to Mr. ISTOOK. Mr. Chairman, I yield that we have a constitutional responsi- privatize the Federal workforce. myself such time as I may consume. bility here, as does the President. The In early 2001, the Office of Manage- Mr. Chairman, we just went through President can veto anything he wants ment and Budget directed all agencies, much of this same debate. Whether you to; and if we are of a mind, with two- regardless of their needs or missions, are saying you are totally restricting thirds of the vote, we can override a to review for privatization at least it or partially restricting it, we are Presidential veto. So it can be over- 425,000 Federal employee jobs. More really talking about the same thing on ridden and can become law, and there than 32,000 Federal employees, I should the competitive sourcing process, the is a substantial number of people who note, reside and work in south Florida. A–76 process. First, the amendment the feel it ought to become law.

VerDate jul 14 2003 05:11 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.072 H09PT1 September 9, 2003 CONGRESSIONAL RECORD — HOUSE H8049 Now then, I also would ask the chair- ica, the National Association of Gov- tively source a certain percentage. I man to take into consideration when ernment Employees, National Treasury thought that was wrong. I thought that he and I came to the United States Employees Union, Professional Air- was an overreach. I thought they were Congress in 1992. Shortly thereafter, in ways Systems Specialists, Service Em- biting off more than they could real- 1994, the majority won the right to con- ployees Union, and the United Auto istically chew and manage. And I think trol the House of Representatives. And Workers. in some cases where they are today among the things that they said that Somewhere along the line, some of us that issue can be addressed, but I do were going to cost less by privatizing need to recognize that these people not think the gentleman’s amendment were such things as the printing that is who are Federal employees probably addresses those concerns. done here at the House of Representa- know at least as much as those of us This would hamstring the Office of tives, or at least was at that time, and who are Federal employees by election Management and Budget’s new com- the folding offices and other offices know. I suggest among other things petitive sourcing process that was ar- that have now been outsourced. that not only does the gentleman from rived at after weighing 700 comments, In addition to the inherent danger Virginia (Mr. TOM DAVIS) represent after going through the union rec- that exists by not having an in-house contractors, but so do I and 433 other ommendations of a council that in- family, I defy anybody in the House of Members of the House of Representa- cluded labor leaders and other govern- Representatives to tell me that the tives. And not only he represent Fed- ment personnel. printing of their newsletters and other eral employees, but so do I and 433 Competitive sourcing, also known as matters does not cost more now that it other House of Representatives Mem- public-private competition, is simply a has been privatized. And there are bers. We all represent the constituency process of determining if the govern- other examples of that. One of the in America that should have a fair shot ment’s commercial functions, like worst would be the Federal Aviation at low-cost and less wasteful spending, computer services, food services or Authority. I am here to tell my col- which their A–76 does not guarantee. maintenance, should be performed by leagues that all of us that fly do not And so, Mr. Chairman, I ask support of Federal agencies or by private sector want to get on airplanes knowing that my amendment. companies. Our job is to try to get the the people on the ground controlling Mr. Chairman, I yield back the bal- best services for the taxpayer, the best that airplane’s direction went to the ance of my time. value, the lowest-cost value, the over- lowest bidder. Mr. ISTOOK. Mr. Chairman, I yield all best value. One of the problems Somewhere along the line, we have to such time as he may consume to the with the gentleman’s amendment is it come to our senses. Auctioning off gentleman from Virginia (Mr. TOM strikes at the heart of best-value deter- 425,000 Federal employee jobs to the DAVIS). minations. lowest bidder is not the way to produce Mr. TOM DAVIS of Virginia. Mr. The Hastings amendment limits the savings. If we are to say that public- Chairman, I do not know where to start agency’s use of best value in deter- private competitions will produce sav- with my friend from Florida on this. I mining whether a commercial function ings, then that is fine. But Federal em- guess we can compare endorsements of should be performed in-house or by the ployees have the right to compete for his position on this and mine. He has private sector. This does not make their jobs in a nonpredetermined way, listed a group of unions, some of them sense in my judgment, because under where real savings win out over cut- Federal employee unions, some who our acquisition system, the govern- throat politics. have nothing to do with Federal em- ment buys its more sophisticated goods Federal employees do not want a free ployment who are interested, obvi- and services using this best-value ride. They want a fair shot. My amend- ously, in protecting their membership. method. It permits the government to ment does not halt the administra- We understand that, and that is a noble consider quality as well as cost, and tion’s efforts to reduce wasteful gov- purpose. that helps Federal employees, because ernment spending. And every one of us Our purpose here is not to protect the quality element has to be clearly uses that rhetoric ought to be about contractors; it is not to protect em- set forth in the solicitation. And cost, the business of trying to reduce waste- ployees. It is to protect the taxpayers. of course, has to be a factor, but value ful government spending, including And that is what competitive sourcing is not new. It has been used for decades that done by the House of Representa- is all about, and trying to do it in an by the government, and it makes no tives. In fact, it allows agencies to appropriate way that does not destroy sense to limit its use here. move forward with the implementation the Federal workforce. In some cases, Our Federal employees ought to be of Circular A–76. as I have said before, I am not com- able to use their experience and their What my amendment does do is en- fortable with every aspect of what the expertise in high-quality performance sure that Federal employees are given administration has done. But we are to their advantage in public-private equal footing to the contractors they working hard and we have language in competition, and the gentleman’s are bidding against in public-private this underlying legislation that ad- amendment takes that away. That is a competitions. It is time for open hunt- dresses some of those concerns. concern. I think it is well meaning, but ing season on Federal employees to The Aerospace Industries Associa- I think it takes away the advantage end. Only then will we fully recognize tion, the American Congress on Sur- that incumbents who were performing what best value and cost savings really veying and Mapping, American Elec- this have in terms of quality. Commer- are. tronics Association, U.S. Chamber of cial entities and private citizens would I challenge the subcommittee Chair, Congress, American Institute of Archi- not buy services without considering my good friend, and he is my good tects, Associated General Contractors the quality, so why should the govern- friend, the gentleman from Virginia of America, Business Executives for ment? And the gentleman’s amend- (Mr. TOM DAVIS), to tell me how it is National Security, Contract Services ment strikes that. that we here in the House of Represent- Association of America, Design Profes- Now is not the time to tinker with atives know more about what is good sionals Coalition, Electronic Industries these revisions in this setting, in my for Federal employees than the Amer- Alliance, and I can go on and on with opinion. Again, the revisions are the ican Federation of Government Em- National Defense Industrial Council product of more than 2 years of efforts. ployees, AFL–CIO, the American Fed- and the National Federation of Inde- Seven hundred comments were consid- eration of State, County, and Munic- pendent Businesses support and oppose ered in the development of the new pro- ipal Employees, the Communication the gentleman’s amendment. So we cedures. They incorporated the core Workers of America, the International have groups on both sides that add recommendations of the Commercial Association of Firefighters, the Inter- value to this, and our job is to try to Activities Panel. This panel, again, national Association of Machinists, the synthesize this. headed by the Comptroller General in a International Brotherhood of Team- Last year, I was part of a group in year-long effort, reviewed the competi- sters, the International Federation of the House that struck down the admin- tive sourcing process, which was clear- Professional and Technical Engineers, istration’s quotas, their goals that ly flawed, and which all sides, from the Service Employees Union of Amer- they were going to go out and competi- Federal employees to contractors to

VerDate jul 14 2003 04:31 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.077 H09PT1 H8050 CONGRESSIONAL RECORD — HOUSE September 9, 2003 taxpayers, everyone felt it was flawed empowerment to that employee at the Page 157, after line 2, insert the following and needed revamping. They issued rec- window to be able to come forward new section: ommendations, this panel did, for com- with their ideas and incorporate those SEC. 742. (a) None of the funds made avail- prehensive changes to the process. into the government bid. Under the old able in this Act may be used to implement, These efforts resulted in the revisions administer, or enforce the amendments made circular, that was not really the case. to section 515.565(b)(2) of title 31, Code of to Circular A–76, which the gentleman I understand the gentleman’s frustra- Federal Regulations (relating to specific li- now wishes to strike. It was issued on tion. I think all of us feel a frustration, censes for ‘‘people-to-people’’ educational ex- May 29. as I have said before. Our concern is changes), as published in the Federal Reg- We have held hearings on this. I have constant competitive sourcing can hurt ister on March 24, 2003. some concerns, as the gentleman does, the recruitment and retention abilities (b) The limitation in subsection (a) shall about this as well; but I would rather to develop a strong Federal workforce, not apply to the implementation, adminis- not throw literally the baby out with and yet it is a useful tool that needs to tration, or enforcement of 515.560(c)(3) of title 31, Code of Federal Regulations. the bath water, good things like com- be employed. I think perhaps it has petitive sourcing that come with this. been overemployed. There are probably The CHAIRMAN pro tempore. Pursu- We recently held a hearing to examine costs that we are not aware of at this ant to the order of the House of Sep- the recent revisions to the competitive point, but we have tried to get at this tember 4, 2003, the gentleman from sourcing A–76 process, and the Comp- with underlying language, but I think Florida (Mr. DAVIS) and a Member op- troller General testified that signifi- the gentleman’s amendment goes too posed each will control 5 minutes. cant savings result no matter who wins far. The Chair recognizes the gentleman the competition. We want to harness the benefits of from Florida (Mr. DAVIS). The Office of Management and Budg- competition to produce superior per- Mr. DAVIS of Florida. Mr. Chairman, et has just submitted a report to Con- I yield myself 31⁄2 minutes. gress on the methods used by the ad- formance for the taxpayer, regardless of who performs the service because at Mr. Chairman, in March of this year, ministration to measure agency the Department of Treasury, Office of progress in implementing the competi- the end of the day, our job is to make sure that taxpayers are getting the Foreign Asset Control, OFAC, proposed tive sourcing initiative. OMB has a regulation which would end licenses pledged to keep Congress fully apprised best value for their dollar. The gentle- man’s amendment undermines our abil- for travel to Cuba for educational pur- of that progress and to conduct the ini- poses unless the travel consisted exclu- tiative in an open and transparent ity to do that, so I urge we vote against the Hastings amendment. sively of students taking formal case manner. Let us give them a chance. work. This amendment blocks that And, again, we have put some under- Mr. BACA. Mr. Chairman, I rise in support of proposed regulation from taking effect lying language in this bill that puts the Hastings amendment. by blocking any funding to enforce it. some strict reporting requirements on I support this amendment because it will Earlier this year I traveled to Cuba the costs to the government of com- allow agencies to move forward with the im- with the gentleman from Arizona (Mr. petitive sourcing so we can come back plementation of Circular A–76. and properly evaluate this. This is This amendment does not end efforts to re- KOLBE). We met with governmental of- something we did not have before. duce wasteful government spending as many ficials, the Bishop of the Methodist The Hastings amendment derails the Republicans claim. It simply ensures that Fed- Church, leading dissidents, including administration’s efforts to increase the eral employees are on a level playing field Vladimir Roca, Espinosa Chepe, and efficiency of government operations. with the contractors they are bidding against. others. You can say you are for efficiency, you Under the current draft of A–76, Federal I left there struck by the horrific can say you are against wasteful spend- employees are severely disadvantaged during plight of the Cuban people who are liv- ing, but if you cannot compare how the any public-private competition. ing of abject poverty deprived of any government is providing a service to This amendment is a moderate approach to- freedom or liberty we tend to take for how someone else may be able to pro- ward reforming the administrator’s privatization granted here. I left there struck by the vide that same service, I do not know process by prohibiting funds from being spent enormous talent and potential of the how you get at the waste, fraud and to penalize Federal employees and stifle the Cuban people; and finally, I left there abuse. Because waste, fraud and abuse competitive process. struck by how much we have in com- does not come in neatly tied packages Federal employees don’t want to be given mon, folks in my home, the Tampa Bay in line items and budgets. It is marbled an advantage, they simply want a fair shot. area and Florida, with the Cuban peo- throughout the bureaucracy in the way I stand by Congressman HASTINGS and the ple. we do business. Democrats who have consistently stood with I also left there with the resolve that Competitive sourcing, particularly Federal employees. because of the miserable relationship the new A–76 Circular, gives our gov- Mr. ISTOOK. Mr. Chairman, I yield between the two countries, it is more ernment employees an opportunity to back the balance of my time. important than ever that we as United compete on an even basis under the The CHAIRMAN pro tempore (Mr. States citizens reach out to the Cuban Federal Acquisition Regulation, some- TERRY). The question is on the amend- people to help them deal with this very thing they cannot do now. Right now ment offered by the gentleman from horrific plight they are living in today. they have to come up with projections Florida (Mr. HASTINGS). Shortly after I returned, the relation- and respond to competitive sourcing on The question was taken; and the ship between the two governments de- the part of the private sector; the pri- Chairman announced that the noes ap- teriorated even further with an unprec- vate sector winner is then compared peared to have it. edented really horrific crackdown by against the government price. This al- Mr. HASTINGS of Florida. Mr. Chair- Fidel Castro of some of the people I lows them to compete even up, to be man, I demand a recorded vote. met with. Three of the people I met more innovative, and to, in many The CHAIRMAN pro tempore. Pursu- with have been sentenced to prison, cases, improve the way employees de- ant to clause 6 of rule XVIII, further perhaps for the rest of their lives, and liver that service. proceedings on the amendment offered countless others were sentenced to In my experience, I have found that by the gentleman from Florida (Mr. prison simply because of their fight for some of the best savings and effi- HASTINGS) will be postponed. freedom. ciencies we get do not come from the I believe today what we need to do as managers in the Federal Government AMENDMENT OFFERED BY MR. DAVIS OF FLORIDA the House of Representatives is to pre- or the higher-ups. They come from that serve the ability of United States citi- employee out the window who is doing Mr. DAVIS of Florida. Mr. Chairman, the job every day that may come up I offer an amendment. zens to travel to Cuba for purposeful with that key idea or innovation in the The CHAIRMAN pro tempore. The contact with the Cuban people to help way we can do this. Clerk will designate the amendment. them help themselves. Educational in- The text of the amendment is as fol- stitutions, churches, not-for-profits b 1745 lows: have been engaged in this type of trav- The new A–76 circular takes that into Amendment offered by Mr. DAVIS of Flor- el for years under the educational li- account and basically gives additional ida: cense that OFAC provides.

VerDate jul 14 2003 04:31 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.078 H09PT1 September 9, 2003 CONGRESSIONAL RECORD — HOUSE H8051 The proposed regulation was pro- doctor up the brochures, they are still penalties in cases of fraud. That is not posed to punish Fidel Castro for the junkets, they are still for tourists, just the issue. horrific things he has done. I think the dress it up so it appears to be an edu- The question is whether the types of House of Representatives should block cational exchange, people to people. examples I have cited, the exchanges that regulation because it, in effect, Again, this picture is worth a thou- where universities are taking teachers punishes the Cuban people. Let me cite sand words because it clearly unveils down there who do not happen to be some examples why: There are univer- what this amendment and others of- students engaged in formal case work, sities that are taking teachers down to fered here today are truly about. It is instances where doctors or lawyers are meet with teachers in Cuba to have an not to educate the Cuban people about going down there on a peer-to-peer exchange. That could be potentially freedom and democracy, it is to have basis should be allowed to continue. blocked if this new regulation is not tourism dollars flow to Fidel Castro, There can be no basis to deny that does stopped. There are cultural exchanges and this is people-to-people contact. benefit the Cuban people, and should be where people in my community are This is education. When tourists meet something that ought to be allowed to trying to encourage artists and other the cabana boy and he gives them a continue. creative people from Cuba to travel to beach towel, they are going to export Mr. Chairman, I reserve the balance the United States and people from the democracy to Cuba? No, they are going of my time. United States to travel to Cuba to to fuel the Castro dictatorship regime Mr. LINCOLN DIAZ-BALART of build bridges. There are doctor-to-doc- which goes to oppress the Cuban peo- Florida. Mr. Chairman, I yield the bal- tor exchanges focused on women health ple. Vote against the Davis amend- ance of my time to the gentleman from that have been taking place, and law- ment. Florida (Mr. MARIO DIAZ-BALART). yer-to-lawyer exchanges focused on Mr. DAVIS of Florida. Mr. Chairman, Mr. MARIO DIAZ-BALART of Flor- helping improve the civil justice sys- I reserve the balance of my time. ida. Mr. Chairman, the issues that the tem. Mr. LINCOLN DIAZ-BALART of gentleman from Florida (Mr. DAVIS) All these exchanges which clearly Florida. Mr. Chairman, I yield myself 2 mentioned are still legal without his benefit the Cuban people could effec- minutes. amendment. The rule change was to tively be brought to an end if this regu- What the March regulations by Presi- get rid of abuses, and the abuses we are lation is not blocked. These are the dent Bush have sought to do is to talking about are very unfortunate. type of exchanges and the purposeful eliminate fraud and abuse by those They include pedophilia and sex tour- type of travel to Cuba we should be en- who, under the guise of promoting edu- ism, and those are the abuses that the couraging at this time when Fidel Cas- cational travel, and of course, that is new rules were implemented to stop. tro is engaged in a horrific crackdown legal to the communist island have Let me be very clear. All these of his own people. We should not be used that as a subterfuge for other rea- amendments that we are seeing today afraid to export democracy to Cuba, sons, fraudulently abusing the regula- basically have one effect and one effect and I urge the House to adopt this tions. alone, to send more dollars to anti- amendment. For example, here is a brochure. This American terrorist just 90 miles away Mr. LINCOLN DIAZ-BALART of is precisely what President Bush from the United States who has said Florida. Mr. Chairman, I claim the sought to eliminate in the March regu- that he wants to destroy the United time in opposition. lations. This is an 8- or 9-year-old girl States, who has shot down unarmed The CHAIRMAN pro tempore. The with makeup, eyeliner, and lipstick. American airplanes in international air gentleman from Florida (Mr. DIAZ- Unfortunately, the regime in Cuba en- space, and who has done everything in BALART) is recognized for 5 minutes. courages child prostitution and there is his power to enslave his people and to Mr. LINCOLN DIAZ-BALART of significant trafficking in that tourism. try to hurt the United States. All these Florida. Mr. Chairman, I yield 2 min- That is something that President Bush amendments do is send more money to utes to the gentlewoman from Florida has sought to eliminate by entities this terrorist regime at a time when we (Ms. ROS-LEHTINEN). using the guise of educational travel, are at war with terrorists around the Ms. ROS-LEHTINEN. Mr. Chairman, for example, which promote this kind world. I rise in opposition to the Davis amend- of sickening tourism. I agree with our President when he ment. Earlier this year after careful re- Our colleague from Florida pointed said you are either with us or with the view and examination of 4 years of data out how blatant tourism also is encour- terrorists. These amendments, with all of so-called educational exchanges, the aged under the guise of educational due respect, unfortunately, are sending Departments of State and Treasury de- travel. Again, educational travel, cul- more funds to a terrorist regime and termined that nondegree travel is sub- tural travel, that is legal, but what this particular amendment gets rid of ject to manipulation and control by President Bush’s regulations in March some regulations to stop abuse, includ- the Castro dictatorship and its tourism sought to do was to end the fraud and ing those that go to Cuba with the ex- industries in order to meet the re- abuse of entities that are simply seek- cuse of going for educational reasons, gime’s political and economic agenda. ing to encourage revenue for the re- and they go unfortunately in many The objective of the new regulations is gime and in the process do horrendous cases for sexual tourism, including the for travel to support the Cuban people things such as this. most tragic and savage of them all, in- and not the dictatorship that enslaves Mr. Chairman, I reserve the balance cluding pedophilia, which is sanctioned and oppresses them day in and day out. of my time. by the government of Cuba. The Davis amendment seeks to re- Mr. DAVIS of Florida. Mr. Chairman, Mr. DAVIS of Florida. Mr. Chairman, peal this restriction and allow the fa- I yield myself 1 minute. I yield myself the balance of my time. cade to continue. The regulations im- Mr. Chairman, I think it is clear this I think it is perfectly clear this is not plemented in March of this year and is not a debate about tourism, and it is a debate about the types of illicit ac- which this amendment seeks to repeal not a debate about illicit activity. It is tivity that have been mentioned on the are to prevent what Members see here. about whether certain kinds of edu- other side. It is not a debate about ter- This is Varadero Beach in Cuba. This cational activities can occur. It is fair rorism. It is a debate about whether article, which appeared in the Sep- to point out that there is abuse as the certain types of educational activities tember 3 edition of the Washington gentlewoman from Florida (Ms. ROS- should be allowed to continue which I Post Express goes on to say, ‘‘The LEHTINEN) noticed. believe benefit the Cuban people, and rumba party is not over yet for U.S. I think both sides can agree that there has been no suggestion to the travelers to Cuba, but it may be time OFAC is perfectly willing to deny ap- contrary, a peer-type relationship. to grab that last dance.’’ The article plications for licenses where they see We need to begin to help the Cuban explains how the March regulations fit. That is painfully clear. And where people plant the seeds of democracy in have sent the so-called nonprofits there is abuse and fraud, OFAC can do their country. Goodness knows, it is a ‘‘scrambling to redesign their tours’’ to its job and deny a license. OFAC has terrific task for them to undertake qualify under the legitimate categories the authority conferred upon it by Con- given how repressive this regime is. I of people-to-people exchanges. Just gress to impose both civil and criminal saw firsthand the plight of the Cuban

VerDate jul 14 2003 04:31 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.081 H09PT1 H8052 CONGRESSIONAL RECORD — HOUSE September 9, 2003 people. My heart went out to them. We Congress and the American people real- practices. So we have questions again cannot ignore that. We need to reach ized the extent of the problems brought raised, and this is not something I out and use United States citizens to about by the Enron scandal. In Enron, made up. This is a General Accounting help build democracy, the same way we had an instance where about $600 Office February 2000 report, telling us democracy was built in this country. million, less than $1 billion, of investor that there is not clarity in which laws b 1800 money was lost through private invest- or even which standards of reporting at ments in a corporation. Amtrak. Ultimately, people are the bridges We have a corporation that was cre- We are not creating any new law between countries. It is those relation- ated, again the National Railroad Pas- under this particular provision. What ships that will once again, once Fidel senger Corporation, also known as Am- we are doing is saying that Amtrak, Castro is gone, bring us closer to Cuba trak, almost every year for the last 4 that is taking a huge amount of tax- and help us grow together as democ- or 5 years, they have lost $1 billion or payer money, in the billions, going into racies. We cannot build those relation- in that neighborhood. Much of this is debt in addition to the money that ships, we cannot see them grow unless subsidized by the taxpayer. Hard- Congress is appropriating in the bil- we continue to have the type of pur- working Americans send their dollars lions, and we are not able to say that it poseful travel, the type of contact that to Washington, and not a whimper has even complies with existing law. So I have described today. And I would been heard about the lost money or un- this is a requirement to have Amtrak urge my colleagues to adopt this accounted-for money in Amtrak. comply with existing law. amendment, so we can continue, at a We passed a law that required cor- Why should Amtrak not be held to minimum, to allow people who are try- porations across the land, and Amtrak the same standards and accountabil- ing to help the Cuban people travel to is a corporation, this rail corporation, ities and reporting requirements that Cuba to do so. even by its name I just cited, is a cor- Congress has imposed on corporate I urge the adoption of the amend- poration and all this says, that exist- America? That is the question I leave ment. ing current law, nothing new, nothing before the House. The CHAIRMAN pro tempore (Mr. greater, that was passed by this Con- POINT OF ORDER TERRY). The question is on the amend- gress for transparency, for account- The CHAIRMAN pro tempore. Does ment offered by the gentleman from ability, be also known and be it clear the gentleman from Massachusetts in- Florida (Mr. DAVIS). that Amtrak is required to report on sist on his point of order? The question was taken; and the the same basis. Mr. OLVER. Yes, Mr. Chairman. My Chairman pro tempore announced that We think it is very important. I will point of order is that this proposes to the noes appeared to have it. tell you why it is important. Again, as change existing law and constitutes Mr. DAVIS of Florida. Mr. Chairman, a member of the Subcommittee on legislating in an appropriation bill, I demand a recorded vote. Railroads under the Committee on and, therefore, violates clause 2 of rule The CHAIRMAN pro tempore. Pursu- Transportation and Infrastructure, let XXI. ant to clause 6 of rule XVIII, further me just cite some of the things that I insist upon my point of order. proceedings on the amendment offered the General Accounting Office 2000 re- The CHAIRMAN pro tempore. Does by the gentleman from Florida (Mr. port gave to our committee and to Con- anyone wish to speak on the point of DAVIS) will be postponed. gress. It found that Amtrak did not order? AMENDMENT OFFERED BY MR. MICA know its route-by-route costs of its Mr. MICA. To the point? Mr. MICA. Mr. Chairman, I offer an mail and express program because it The CHAIRMAN pro tempore. Yes, to amendment. never separately identified these costs. the point of order. The gentleman from The CHAIRMAN pro tempore. The It said in the report, according to an Florida wishes to speak on the point of Clerk will designate the amendment. Amtrak official, Amtrak still has a order. The gentleman is recognized. The text of the amendment is as fol- long way to go in producing reliable Mr. MICA. Mr. Chairman, on this lows: mail and express financial information point, I am an authorizer, and I am Amendment offered by Mr. MICA: and in understanding the true cost of very much aware that we do not want At the end of the bill (before the short this business. to authorize on appropriations meas- title), insert the following: Again, Amtrak is a corporation that ures, so we tried to craft this measure SEC. 742. None of the funds made available has a board of directors, it has an em- very carefully. In crafting it, we have under this Act may be used by the National used language that says, and again I Railroad Passenger Corporation unless the ployee stock ownership plan, it has as- Corporation submits all quarterly and an- sets and liabilities, and it also has tax- quote from my amendment, in accord- nual reports required by law in accordance payer money coming into the program. ance with standards applicable to re- with the standards applicable to reports We cannot tell, according to the GAO ports under Public Law 107–204. Public under Public Law 107–204). report, its finances. So I think it is Law 107–204 is a law that applies to cor- Mr. OLVER. Mr. Chairman, I reserve long overdue that we take a step such porations in the United States of a point of order on this amendment. as this and require that they comply America. I have a copy of that here. The CHAIRMAN pro tempore. The with existing law that all other cor- Amtrak is the National Passenger Rail point of order is reserved. porations must comply with. The re- Corporation. It has a board of direc- Pursuant to the order of the House of port further went on and looked at a tors. It has an employee stock owner- September 4, 2003, the gentleman from review of Amtrak’s expenditure of $2.2 ship plan. It has assets and liabilities. Florida (Mr. MICA) and a Member op- billion in Federal funds from the 1997 Additionally, it is taxpayer-funded. We posed each will control 5 minutes. Taxpayer Relief Act. It found that Am- have not gone outside of the param- The Chair recognizes the gentleman trak could not determine how it was eters of existing law. There is a ques- from Florida (Mr. MICA). spending its Federal funds, nor was tion, it appears from the General Ac- Mr. MICA. Mr. Chairman, I yield my- Amtrak able to ensure that its spend- counting Office reports that I have self such time as I may consume. ing was allowed under Federal law. cited, that Amtrak does not know what This is a simple amendment. It says So Amtrak, according to the Inspec- the bounds of the current laws are. that none of the funds made available tor General, does not even know what This particular report was done prior under this act may be used by the Na- it is required to do under existing law. to the passage of the Sarbanes-Oxley tional Railroad Passenger Corporation This is merely a clarifying, enun- legislation, Public Law 107–204. Again unless the corporation submits all ciating statement by this Congress we are not requiring any new legisla- quarterly and annual reports required that the same disclosure, the same tion, any new law. We are stating again by law in accordance with the stand- standards that we require for corpora- that none of the funds made available ards applicable to reports under Public tions, it is clear that Amtrak as a cor- under this act would be used by this Law 107–204. poration must also comply with. In corporation unless the corporation sub- Public Law 107–204 is basically the fact, the report goes on to say that at mits their quarterly and annual re- Sarbanes-Oxley corporate reporting one time Amtrak did not even have a ports as required by law and in accord- legislation that was passed after the process in place to review its spending ance with the standards of an existing

VerDate jul 14 2003 04:31 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.083 H09PT1 September 9, 2003 CONGRESSIONAL RECORD — HOUSE H8053 law, merely clarifying, and I think it is House Resolution 351 and rule XVIII, Buyer Hart Ramstad an important point here that we make, the Chair declares the House in the Cannon Hayes Rogers (MI) Chabot Hefley Rohrabacher that we do not go beyond any existing Committee of the Whole House on the Chocola Hensarling Royce law requirements. State of the Union for the further con- Coble Herger Ryan (WI) The CHAIRMAN pro tempore. Does sideration of the bill, H.R. 2989. Collins Houghton Sensenbrenner Cox Hunter Sessions anyone else wish to speak on this point Crane Isakson of order? Shadegg b 1833 Davis (TN) Jenkins Shimkus Davis, Jo Ann Johnson, Sam It is the opinion of the Chair that the Shuster IN THE COMMITTEE OF THE WHOLE Deal (GA) Jones (NC) gentleman from Florida has been un- Smith (MI) DeMint Kirk able to carry his burden of proving that Accordingly, the House resolved Smith (WA) itself into the Committee of the Whole Diaz-Balart, M. Lewis (KY) the standards in the relevant statute Duncan Linder Stearns House on the State of the Union for the Everett Miller (FL) Stenholm are already applicable to reports by the Tancredo Corporation. Barring that proof, the further consideration of the bill (H.R. Feeney Miller, Gary 2989) making appropriations for the De- Flake Musgrave Taylor (MS) Chair is constrained to find that the Forbes Norwood Taylor (NC) amendment would make these stand- partments of Transportation and Franks (AZ) Nunes Terry ards applicable. By making standards Treasury, and independent agencies for Garrett (NJ) Otter Thornberry Gibbons Oxley Toomey apply that are not otherwise applica- the fiscal year ending September 30, 2004, and for other purposes, with Mr. Goodlatte Paul Vitter ble, the amendment changes law in vio- Green (WI) Pence Watson DREIER in the Chair. lation of clause 2 of rule XXI. The Gutknecht Petri Wilson (SC) point of order is sustained. The amend- The Clerk read the title of the bill. Hall Pitts The CHAIRMAN. When the Com- ment is not in order. NOES—326 Are there further amendments? mittee of the Whole rose earlier today, the amendment by the gentleman from Abercrombie Deutsch Kaptur Mr. ISTOOK. Mr. Chairman, I move Ackerman Diaz-Balart, L. Kelly ICA that the Committee do now rise. Florida (Mr. M ) had been disposed Aderholt Dicks Kennedy (MN) The motion was agreed to. of. Alexander Dingell Kennedy (RI) SEQUENTIAL VOTES POSTPONED IN COMMITTEE Allen Doggett Kildee Accordingly, the Committee rose; Baca Dooley (CA) Kilpatrick OF THE WHOLE and the Speaker pro tempore (Mr. Baird Doyle Kind MICA) having assumed the chair, Mr. The CHAIRMAN. Pursuant to clause Baldwin Dreier King (IA) TERRY, Chairman pro tempore of the 6 of rule XVIII, proceedings will now Ballance Dunn King (NY) resume on those amendments on which Ballenger Ehlers Kingston Committee of the Whole House on the Becerra Emanuel Kleczka State of the Union, reported that that further proceedings were postponed in Bell Engel Kline Committee, having had under consider- the following order: Amendment No. 6 Bereuter English Kolbe offered by the gentleman from Colo- Berkley Eshoo LaHood ation the bill (H.R. 2989) making appro- Berman Etheridge Lampson priations for the Departments of rado (Mr. HEFLEY); amendment No. 24 Berry Evans Langevin Transportation and Treasury, and inde- offered by the gentleman from Texas Biggert Farr Lantos pendent agencies for the fiscal year (Mr. SESSIONS); the amendment offered Bishop (GA) Fattah Larsen (WA) by the gentleman from Arizona (Mr. Bishop (NY) Ferguson Larson (CT) ending September 30, 2004, and for Bishop (UT) Filner Latham other purposes, had come to no resolu- FLAKE); Amendment No. 2 offered by Blumenauer Fletcher LaTourette tion thereon. the gentleman from Massachusetts Boehlert Foley Leach (Mr. DELAHUNT); the amendment of- Boehner Ford Lee f fered by the gentleman from Vermont Bonilla Frank (MA) Levin GENERAL LEAVE Bonner Frelinghuysen Lewis (CA) (Mr. SANDERS); amendment No. 5 of- Bono Frost Lewis (GA) Mr. ISTOOK. Mr. Speaker, I ask fered by the gentleman from Florida Boozman Gallegly Lipinski unanimous consent that all Members (Mr. HASTINGS); the amendment offered Boswell Gerlach LoBiondo Boucher Gilchrest Lofgren may have 5 legislative days in which to by the gentleman from Maryland (Mr. Boyd Gillmor Lowey revise and extend their remarks on the VAN HOLLEN); and the amendment of- Bradley (NH) Gingrey Lucas (KY) consideration of H.R. 2989, and that I fered by the gentleman from Florida Brady (PA) Gonzalez Lucas (OK) Brown (OH) Goode Lynch may include tabular and extraneous (Mr. DAVIS). Brown (SC) Gordon Majette material. The first electronic vote will be con- Brown, Corrine Goss Maloney The SPEAKER pro tempore. Is there ducted as a 15-minute vote. Remaining Burgess Granger Manzullo objection to the request of the gen- electronic votes will be conducted as 5 Burns Green (TX) Markey Burr Greenwood Marshall tleman from Oklahoma? minute votes. Calvert Grijalva Matheson There was no objection. AMENDMENT NO. 6 OFFERED BY MR. HEFLEY Camp Gutierrez Matsui f Cantor Harman McCarthy (MO) The CHAIRMAN. The pending busi- Capito Harris McCarthy (NY) RECESS ness is the demand for a recorded vote Capps Hastings (FL) McCollum on the Amendment No. 6 offered by the Capuano Hastings (WA) McCotter The SPEAKER pro tempore. Pursu- gentleman from Colorado (Mr. HEFLEY) Cardin Hayworth McCrery Cardoza Hill McDermott ant to clause 12(a) of rule I, the Chair on which further proceedings were declares the House in recess until ap- Carson (IN) Hinchey McGovern postponed and on which the noes pre- Carson (OK) Hinojosa McInnis proximately 6:30 p.m. today. vailed by voice vote. Carter Hobson McIntyre Accordingly (at 6 o’clock and 11 min- The Clerk will redesignate the Case Hoeffel McKeon utes p.m.), the House stood in recess Castle Holden McNulty amendment. Clyburn Holt Meehan until approximately 6:30 p.m. The Clerk redesignated the amend- Cole Honda Meek (FL) f ment. Conyers Hooley (OR) Meeks (NY) Cooper Hostettler Menendez b 1833 RECORDED VOTE Costello Hoyer Mica AFTER RECESS The CHAIRMAN. A recorded vote has Cramer Hulshof Michaud been demanded. Crenshaw Hyde Millender- The recess having expired, the House Crowley Inslee McDonald A recorded vote was ordered. Cubin Israel Miller (MI) was called to order by the Speaker pro The vote was taken by electronic de- Culberson Issa Miller (NC) tempore (Mr. GREEN of Wisconsin) at 6 vice, and there were—ayes 87, noes 326, Cunningham Istook Miller, George o’clock and 33 minutes p.m. Davis (AL) Jackson (IL) Mollohan not voting 21, as follows: Davis (CA) Jackson-Lee Moore f [Roll No. 481] Davis (FL) (TX) Moran (KS) TRANSPORTATION, TREASURY, Davis (IL) Jefferson Moran (VA) AYES—87 Davis, Tom John Murphy AND INDEPENDENT AGENCIES Akin Barton (TX) Blunt DeFazio Johnson (CT) Murtha APPROPRIATIONS ACT, 2004 Bachus Bass Brady (TX) DeGette Johnson (IL) Myrick Baker Beauprez Brown-Waite, Delahunt Johnson, E. B. Nadler The SPEAKER pro tempore (Mr. Barrett (SC) Bilirakis Ginny DeLauro Jones (OH) Napolitano GREEN of Wisconsin). Pursuant to Bartlett (MD) Blackburn Burton (IN) DeLay Kanjorski Neal (MA)

VerDate jul 14 2003 04:31 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.087 H09PT1 H8054 CONGRESSIONAL RECORD — HOUSE September 9, 2003 Nethercutt Rogers (AL) Stupak [Roll No. 482] Lipinski Owens Simmons Neugebauer Rogers (KY) Sullivan LoBiondo Pallone Simpson Ney Ros-Lehtinen Sweeney AYES—130 Lofgren Pascrell Skelton Northup Ross Tanner Akin Forbes Osborne Lowey Pastor Slaughter Nussle Rothman Tauscher Baker Franks (AZ) Ose Lucas (KY) Payne Smith (NJ) Oberstar Roybal-Allard Tauzin Ballenger Garrett (NJ) Otter Lucas (OK) Pelosi Smith (WA) Obey Ruppersberger Lynch Peterson (MN) Thomas Barrett (SC) Gillmor Oxley Snyder Olver Rush Majette Pickering Thompson (CA) Bartlett (MD) Gingrey Paul Solis Ortiz Ryan (OH) Maloney Platts Thompson (MS) Barton (TX) Granger Pearce Souder Osborne Ryun (KS) Markey Pomeroy Tiahrt Bass Gutknecht Spratt Ose Sabo Pence Marshall Porter Tiberi Beauprez Hall Peterson (PA) Stark Owens Sanchez, Linda Tierney Bilirakis Harris Matheson Portman Petri Strickland Pallone T. Turner (OH) Blackburn Hastings (FL) Matsui Price (NC) Pitts Stupak Pascrell Sanchez, Loretta Turner (TX) Blunt Hastings (WA) McCarthy (MO) Pryce (OH) Pombo Sweeney Pastor Sanders Udall (NM) Bonilla Hayworth McCarthy (NY) Quinn Payne Sandlin Putnam Tanner Upton Boozman Hefley McCollum Rahall Pearce Saxton Radanovich McCrery Regula Tauscher Van Hollen Brady (TX) Hensarling Pelosi Schakowsky Ramstad McDermott Rehberg Taylor (MS) Visclosky Burgess Herger Peterson (MN) Schiff Rogers (KY) McGovern Renzi Thomas Walden (OR) Burns Hostettler Peterson (PA) Schrock McIntyre Reyes Thompson (CA) Walsh Burr Hulshof Rohrabacher Pickering Scott (GA) McKeon Rodriguez Thompson (MS) Wamp Buyer Hunter Royce Platts Scott (VA) McNulty Rogers (AL) Tiahrt Waters Camp Isakson Ryan (WI) Pombo Shaw Meehan Rogers (MI) Tierney Watt Cannon Issa Ryun (KS) Pomeroy Shays Meek (FL) Ros-Lehtinen Turner (OH) Waxman Cantor Istook Schrock Porter Sherman Meeks (NY) Ross Udall (NM) Weiner Carter Jenkins Sensenbrenner Portman Sherwood Chabot Johnson, Sam Menendez Rothman Van Hollen Weldon (FL) Sessions Price (NC) Simmons Coble Jones (NC) Michaud Roybal-Allard Visclosky Weldon (PA) Shadegg Pryce (OH) Simpson Collins Jones (OH) Millender- Ruppersberger Walden (OR) Weller Shays Putnam Skelton Cox Kennedy (MN) McDonald Rush Walsh Wexler Smith (MI) Quinn Slaughter Crane King (IA) Miller (NC) Ryan (OH) Waters Whitfield Smith (TX) Radanovich Smith (NJ) Cubin Kingston Miller, George Sabo Watson Rahall Smith (TX) Wicker Stearns Mollohan Sanchez, Linda Culberson Kline Stenholm Watt Regula Snyder Wilson (NM) Cunningham Lewis (KY) Moore T. Sullivan Waxman Rehberg Solis Wolf Davis, Jo Ann Linder Moran (KS) Sanchez, Loretta Tancredo Weiner Renzi Souder Wu Davis, Tom Manzullo Moran (VA) Sanders Reyes Spratt Wynn Tauzin Murphy Sandlin Weldon (PA) Deal (GA) McCotter Weller Reynolds Stark Young (AK) DeLay Mica Taylor (NC) Murtha Saxton Rodriguez Strickland Young (FL) Terry Nadler Schakowsky Wexler DeMint Miller (FL) Whitfield Diaz-Balart, M. Miller (MI) Thornberry Napolitano Schiff NOT VOTING—21 Wicker Dooley (CA) Miller, Gary Tiberi Neal (MA) Scott (GA) Wilson (NM) Andrews Gephardt McHugh Dreier Musgrave Toomey Nethercutt Scott (VA) Wolf Clay Graves Rangel Duncan Myrick Turner (TX) Ney Shaw Cummings Hoekstra Serrano Dunn Neugebauer Upton Oberstar Sherman Wu Doolittle Janklow Towns Everett Northup Vitter Obey Sherwood Wynn Edwards Keller Udall (CO) Feeney Norwood Wamp Olver Shimkus Young (AK) Emerson Knollenberg Velazquez Flake Nunes Weldon (FL) Ortiz Shuster Young (FL) Fossella Kucinich Woolsey Fletcher Nussle Wilson (SC) NOT VOTING—22 ANNOUNCEMENT BY THE CHAIRMAN NOES—282 Clay Hoekstra Reynolds The CHAIRMAN (during the vote). Abercrombie Conyers Gutierrez Cummings Janklow Serrano Members are advised that there are 2 Ackerman Cooper Harman Diaz-Balart, L. Keller Towns minutes remaining in this vote. Aderholt Costello Hart Doolittle Knollenberg Udall (CO) Alexander Cramer Hayes Emerson Kucinich Velazquez b 1854 Allen Crenshaw Hill Fossella McHugh Woolsey Andrews Crowley Hinchey Gephardt McInnis Messrs. FROST, SHAYS and FRANK Baca Davis (AL) Hinojosa Graves Rangel of Massachusetts changed their vote Bachus Davis (CA) Hobson from ‘‘aye’’ to ‘‘no.’’ Baird Davis (FL) Hoeffel Baldwin Davis (IL) Holden b 1903 Mr. EVERETT changed his vote from Ballance Davis (TN) Holt ‘‘no’’ to ‘‘aye.’’ Becerra DeFazio Honda Mr. CHOCOLA changed his vote from So the amendment was rejected. Bell DeGette Hooley (OR) ‘‘aye’’ to ‘‘no.’’ The result of the vote was announced Bereuter Delahunt Houghton Mr. TIBERI and Mr. HALL changed Berkley DeLauro Hoyer as above recorded. Berman Deutsch Hyde their vote from ‘‘no’’ to ‘‘aye.’’ ANNOUNCEMENT BY THE CHAIRMAN Berry Dicks Inslee So the amendment was rejected. Biggert Dingell Israel The CHAIRMAN. Pursuant to clause Bishop (GA) Doggett Jackson (IL) The result of the vote was announced 6 of rule XVIII, the remainder of this Bishop (NY) Doyle Jackson-Lee as above recorded. series will be conducted as 5-minute Bishop (UT) Edwards (TX) AMENDMENT OFFERED BY MR. FLAKE votes. Blumenauer Ehlers Jefferson Boehlert Emanuel John The CHAIRMAN. The pending busi- AMENDMENT NO. 24 OFFERED BY MR. SESSIONS Boehner Engel Johnson (CT) The CHAIRMAN. The pending busi- Bonner English Johnson (IL) ness is the demand for a recorded vote Bono Eshoo Johnson, E. B. on the amendment offered by the gen- ness is the demand for a recorded vote Boswell Etheridge Kanjorski on the amendment offered by the gen- tleman from Arizona (Mr. FLAKE) on Boucher Evans Kaptur which further proceedings were post- tleman from Texas (Mr. SESSIONS) on Boyd Farr Kelly which further proceedings were post- Bradley (NH) Fattah Kennedy (RI) poned and on which the noes prevailed Brady (PA) Ferguson Kildee by voice vote. poned and on which the ayes prevailed Brown (OH) Filner Kilpatrick by voice vote. Brown (SC) Foley Kind The Clerk will redesignate the The Clerk will redesignate the Brown, Corrine Ford King (NY) amendment. Brown-Waite, Frank (MA) Kirk amendment. Ginny Frelinghuysen Kleczka The Clerk redesignated the amend- The Clerk redesignated the amend- Burton (IN) Frost Kolbe ment. Calvert Gallegly LaHood ment. RECORDED VOTE Capito Gerlach Lampson RECORDED VOTE Capps Gibbons Langevin The CHAIRMAN. A recorded vote has The CHAIRMAN. A recorded vote has Capuano Gilchrest Lantos been demanded. been demanded. Cardin Gonzalez Larsen (WA) Cardoza Goode Larson (CT) A recorded vote was ordered. A recorded vote was ordered. Carson (IN) Goodlatte Latham The CHAIRMAN. This will be a 5- Carson (OK) Gordon LaTourette The CHAIRMAN. This will be a 5- minute vote. Case Goss Leach minute vote. The vote was taken by electronic de- Castle Green (TX) Lee The vote was taken by electronic de- Chocola Green (WI) Levin vice, and there were—ayes 130, noes 282, Clyburn Greenwood Lewis (CA) vice, and there were—ayes 227, noes 188, not voting 22, as follows: Cole Grijalva Lewis (GA) not voting 19, as follows:

VerDate jul 14 2003 04:31 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A09SE7.026 H09PT1 September 9, 2003 CONGRESSIONAL RECORD — HOUSE H8055 [Roll No. 483] Deutsch King (NY) Renzi [Roll No. 484] Diaz-Balart, L. Kingston Reynolds AYES—227 Diaz-Balart, M. Kirk Rogers (AL) AYES—222 Abercrombie Hefley Ney Dreier Kline Rogers (MI) Abercrombie Gutierrez Neal (MA) Alexander Herger Nussle Duncan Lewis (CA) Rohrabacher Alexander Hall Nethercutt Allen Hill Oberstar Engel Lewis (KY) Ros-Lehtinen Allen Harman Nussle Baca Hinchey Obey English Linder Rothman Baca Hill Oberstar Baird Hinojosa Olver Feeney Lipinski Royce Baird Hinchey Obey Baldwin Hoeffel Osborne Ferguson LoBiondo Ryun (KS) Baldwin Hinojosa Olver Ballance Holden Otter Foley Lucas (OK) Saxton Ballance Hoeffel Ortiz Bass Holt Owens Forbes McCotter Schrock Bass Holden Osborne Becerra Honda Oxley Franks (AZ) McCrery Sensenbrenner Becerra Holt Otter Bell Hooley (OR) Pastor Frelinghuysen McHugh Sessions Bell Honda Owens Garrett (NJ) McInnis Bereuter Hostettler Paul Shadegg Bereuter Hooley (OR) Pastor Gerlach McKeon Shaw Berman Houghton Payne Berman Hostettler Paul Gibbons Meek (FL) Sherwood Berry Hoyer Pelosi Berry Houghton Payne Gilchrest Menendez Shuster Biggert Inslee Peterson (MN) Biggert Hoyer Pelosi Gillmor Mica Simmons Bishop (GA) Israel Peterson (PA) Bishop (GA) Inslee Peterson (MN) Gingrey Miller (FL) Simpson Bishop (NY) Issa Pickering Bishop (NY) Israel Peterson (PA) Goode Miller (MI) Skelton Blumenauer Jackson (IL) Pomeroy Blumenauer Jackson (IL) Pomeroy Goodlatte Miller, Gary Smith (NJ) Boehlert Jackson-Lee Price (NC) Boehlert Jackson-Lee Portman Goss Murphy Smith (TX) Bono (TX) Rahall Bono (TX) Price (NC) Granger Murtha Souder Boozman Jefferson Ramstad Boozman Jefferson Rahall Green (TX) Musgrave Stearns Boswell John Rehberg Boswell John Ramstad Green (WI) Myrick Sullivan Boucher Johnson (CT) Reyes Boucher Johnson (CT) Rehberg Boyd Johnson (IL) Gutknecht Neugebauer Sweeney Boyd Johnson (IL) Reyes Rodriguez Harris Northup Tancredo Brady (PA) Johnson, E. B. Rogers (KY) Brady (PA) Johnson, E. B. Rodriguez Brady (TX) Jones (OH) Hart Norwood Tauzin Brady (TX) Jones (OH) Ross Ross Hastings (FL) Nunes Taylor (NC) Brown (OH) Kanjorski Roybal-Allard Brown (OH) Kanjorski Roybal-Allard Camp Kaptur Hastings (WA) Ortiz Thomas Brown, Corrine Kaptur Ruppersberger Ruppersberger Hayes Ose Thornberry Capps Kildee Rush Camp Kildee Rush Capuano Kilpatrick Hayworth Pallone Tiahrt Capps Kilpatrick Ryan (OH) Ryan (OH) Hensarling Pascrell Turner (OH) Cardin Kind Ryan (WI) Capuano Kind Ryan (WI) Cardoza Kleczka Hobson Pearce Vitter Cardin Kleczka Sabo Sabo Carson (IN) Kolbe Hulshof Pence Walden (OR) Cardoza Kolbe Sanchez, Linda Sanchez, Linda Carson (OK) LaHood Hunter Petri Walsh Carson (IN) LaHood T. T. Castle Lampson Hyde Pitts Wamp Carson (OK) Lampson Sanchez, Loretta Sanchez, Loretta Clyburn Langevin Isakson Platts Weldon (FL) Castle Langevin Sanders Sanders Conyers Lantos Istook Pombo Weller Clay Lantos Sandlin Sandlin Cooper Larsen (WA) Jenkins Porter Wexler Clyburn Larsen (WA) Schakowsky Schakowsky Costello Larson (CT) Johnson, Sam Portman Wicker Conyers Larson (CT) Schiff Schiff Cramer Latham Jones (NC) Pryce (OH) Wilson (SC) Cooper Latham Scott (GA) Scott (GA) Crowley LaTourette Kelly Putnam Wolf Costello Leach Scott (VA) Scott (VA) Davis (AL) Leach Kennedy (MN) Quinn Wu Cramer Lee Shays Shays Davis (CA) Lee Kennedy (RI) Radanovich Young (AK) Crowley Levin Sherman Sherman Davis (IL) Levin King (IA) Regula Young (FL) Cubin Lewis (GA) Shimkus Shimkus Davis (TN) Lewis (GA) NOT VOTING—19 Davis (AL) Lipinski Simmons DeFazio Lofgren Slaughter Davis (CA) Lofgren Slaughter DeGette Lowey Smith (MI) Clay Graves Serrano Davis (FL) Lowey Smith (MI) Delahunt Lucas (KY) Smith (WA) Cummings Hoekstra Towns Davis (IL) Lynch Smith (WA) DeLauro Lynch Snyder Doolittle Janklow Udall (CO) Davis (TN) Majette Snyder DeMint Majette Solis Dunn Keller Velazquez DeFazio Maloney Solis Dicks Maloney Spratt Emerson Knollenberg Woolsey DeGette Manzullo Spratt Dingell Manzullo Stark Fossella Kucinich Delahunt Markey Stark Doggett Markey Stenholm Gephardt Rangel DeLauro Marshall Stenholm Dooley (CA) Marshall Strickland Dicks Matheson Strickland ANNOUNCEMENT BY THE CHAIRMAN Doyle Matheson Stupak Dingell Matsui Stupak Edwards Matsui Tanner The CHAIRMAN (during the vote). Doggett McCarthy (MO) Tanner Ehlers McCarthy (MO) Tauscher Members are advised there are 2 min- Dooley (CA) McCarthy (NY) Tauscher Taylor (MS) Emanuel McCarthy (NY) utes remaining on this vote. Doyle McCollum Taylor (MS) Eshoo McCollum Terry Ehlers McDermott Terry Etheridge McDermott Thompson (CA) b 1910 Emanuel McGovern Thompson (CA) Evans McGovern Thompson (MS) Eshoo McIntyre Thompson (MS) Everett McIntyre Tiberi So the amendment was agreed to. Etheridge McNulty Thornberry Farr McNulty Tierney The result of the vote was announced Evans Meehan Tiberi Fattah Meehan Toomey Farr Meeks (NY) Tierney Filner Meeks (NY) Turner (TX) as above recorded. Fattah Michaud Turner (TX) Flake Michaud Udall (NM) PERSONAL EXPLANATION Filner Millender- Udall (NM) Fletcher Millender- Upton Mr. GRAVES, Mr. Chairman, on rollcall Nos. Flake McDonald Upton Ford McDonald Van Hollen Fletcher Miller (NC) Van Hollen Frank (MA) Miller (NC) Visclosky 481, 482, and 483, my flight was delayed. Had Ford Miller, George Visclosky Frost Miller, George Waters I been present, I would have voted ‘‘aye.’’ Frank (MA) Mollohan Waters Watson Gallegly Mollohan AMENDMENT NO. 2 OFFERED BY MR. DELAHUNT Gilchrest Moore Watson Gonzalez Moore Watt Gonzalez Moran (KS) Watt Gordon Moran (KS) Waxman The CHAIRMAN. The pending busi- Gordon Moran (VA) Waxman Greenwood Moran (VA) Weiner ness is the demand for a recorded vote Graves Murtha Weiner Grijalva Nadler Weldon (PA) on the amendment offered by the gen- Greenwood Nadler Whitfield Gutierrez Napolitano Whitfield Grijalva Napolitano Wynn Hall Neal (MA) Wilson (NM) tleman from Massachusetts (Mr. Harman Nethercutt Wynn DELAHUNT) on which further pro- NOES—196 ceedings were postponed and on which Ackerman Bradley (NH) Collins NOES—188 the noes prevailed by voice vote. Aderholt Brown (SC) Cox Ackerman Bonilla Case The Clerk will redesignate the Akin Brown-Waite, Crane Aderholt Bonner Chabot Andrews Ginny Crenshaw Akin Bradley (NH) Chocola amendment. Bachus Burgess Culberson Andrews Brown (SC) Coble The Clerk redesignated the amend- Baker Burns Cunningham Bachus Brown, Corrine Cole ment. Ballenger Burr Davis, Jo Ann Baker Brown-Waite, Collins Barrett (SC) Burton (IN) Davis, Tom Ballenger Ginny Cox RECORDED VOTE Bartlett (MD) Buyer Deal (GA) Barrett (SC) Burgess Crane The CHAIRMAN. A recorded vote has Barton (TX) Calvert DeLay Bartlett (MD) Burns Crenshaw been demanded. Beauprez Cannon DeMint Barton (TX) Burr Cubin Berkley Cantor Deutsch Beauprez Burton (IN) Culberson A recorded vote was ordered. Bilirakis Capito Diaz-Balart, L. Berkley Buyer Cunningham The CHAIRMAN. This will be a 5- Bishop (UT) Carter Diaz-Balart, M. Bilirakis Calvert Davis (FL) minute vote. Blackburn Case Dreier Bishop (UT) Cannon Davis, Jo Ann The vote was taken by electronic de- Blunt Chabot Duncan Blackburn Cantor Davis, Tom Boehner Chocola Dunn Blunt Capito Deal (GA) vice, and there were—ayes 222, noes 196, Bonilla Coble Edwards Boehner Carter DeLay not voting 16, as follows: Bonner Cole Engel

VerDate jul 14 2003 04:36 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A09SE7.029 H09PT1 H8056 CONGRESSIONAL RECORD — HOUSE September 9, 2003 English Kirk Rogers (AL) Boyd Jackson (IL) Pascrell Dunn Kennedy (MN) Rehberg Everett Kline Rogers (KY) Brady (PA) Jackson-Lee Pastor Ehlers King (IA) Reynolds Feeney LaTourette Rogers (MI) Brown (OH) (TX) Paul English Kirk Rogers (MI) Ferguson Lewis (CA) Rohrabacher Brown (SC) Jefferson Payne Everett Kline Rohrabacher Foley Lewis (KY) Ros-Lehtinen Brown, Corrine Jenkins Pelosi Feeney Kolbe Ryan (WI) Forbes Linder Rothman Burgess John Peterson (MN) Foley Lewis (CA) Ryun (KS) Franks (AZ) LoBiondo Royce Burton (IN) Johnson, E. B. Peterson (PA) Forbes Linder Schrock Frelinghuysen Lucas (KY) Ryun (KS) Camp Jones (NC) Petri Franks (AZ) Lucas (KY) Sensenbrenner Frost Lucas (OK) Saxton Capito Jones (OH) Platts Gallegly Lucas (OK) Sessions Gallegly McCotter Schrock Capps Kanjorski Pomeroy Garrett (NJ) Manzullo Shadegg Garrett (NJ) McCrery Sensenbrenner Capuano Kaptur Price (NC) Gibbons McCrery Shaw Gerlach McHugh Sessions Cardin Kelly Quinn Gilchrest McInnis Shays Gibbons McInnis Shadegg Cardoza Kennedy (RI) Rahall Gillmor McKeon Shimkus Gillmor McKeon Shaw Carson (IN) Kildee Regula Gingrey Meeks (NY) Shuster Gingrey Meek (FL) Sherwood Carson (OK) Kilpatrick Renzi Goss Mica Smith (MI) Goode Menendez Granger Miller (FL) Shuster Case Kind Reyes Smith (NJ) Goodlatte Mica Graves Miller, Gary Simpson Clay King (NY) Rodriguez Smith (TX) Goss Miller (FL) Clyburn Kingston Rogers (AL) Green (WI) Moran (KS) Skelton Souder Granger Miller (MI) Coble Kleczka Rogers (KY) Greenwood Murphy Smith (NJ) Stearns Green (TX) Miller, Gary Conyers LaHood Ros-Lehtinen Harris Myrick Smith (TX) Sullivan Green (WI) Murphy Costello Lampson Ross Hart Nethercutt Souder Tancredo Gutknecht Musgrave Cramer Langevin Rothman Hastings (WA) Neugebauer Stearns Tauzin Harris Myrick Davis (AL) Lantos Roybal-Allard Hayes Norwood Hart Neugebauer Sullivan Davis (CA) Larsen (WA) Royce Hayworth Nunes Thomas Hastings (FL) Ney Sweeney Davis (FL) Larson (CT) Ruppersberger Hefley Osborne Thornberry Hastings (WA) Northup Tancredo Davis (IL) Latham Rush Hensarling Oxley Tiahrt Hayes Norwood Tauzin Davis (TN) LaTourette Ryan (OH) Herger Pearce Tiberi Hayworth Nunes Taylor (NC) Davis, Jo Ann Leach Sabo Hostettler Pence Toomey Hefley Ose Thomas DeFazio Lee Sanchez, Linda Houghton Pickering Vitter Hensarling Oxley Tiahrt DeGette Levin T. Hulshof Pitts Walden (OR) Herger Pallone Toomey Delahunt Lewis (GA) Sanchez, Loretta Hyde Pombo Wamp Hobson Pascrell Turner (OH) DeLauro Lewis (KY) Sanders Isakson Porter Weldon (FL) Hulshof Pearce Vitter Deutsch Lipinski Sandlin Issa Portman Weller Hunter Pence Walden (OR) Diaz-Balart, L. LoBiondo Saxton Istook Pryce (OH) Wicker Hyde Petri Walsh Dicks Lofgren Schakowsky Johnson (CT) Putnam Wilson (SC) Isakson Pickering Wamp Dingell Lowey Schiff Johnson (IL) Radanovich Wolf Issa Pitts Weldon (FL) Doggett Lynch Scott (GA) Johnson, Sam Ramstad Young (AK) Istook Platts Weldon (PA) Dooley (CA) Majette Scott (VA) Jenkins Pombo Weller Doyle Maloney Sherman NOT VOTING—16 Johnson, Sam Porter Wexler Edwards Markey Sherwood Cummings Janklow Towns Jones (NC) Pryce (OH) Wicker Emanuel Marshall Simmons Doolittle Keller Udall (CO) Kelly Putnam Wilson (NM) Engel Matheson Simpson Emerson Knollenberg Velazquez Kennedy (MN) Quinn Wilson (SC) Eshoo Matsui Skelton Fossella Kucinich Woolsey Kennedy (RI) Radanovich Wolf Etheridge McCarthy (MO) Slaughter Gephardt Rangel King (IA) Regula Wu Evans McCarthy (NY) Smith (WA) Hoekstra Serrano King (NY) Renzi Young (AK) Farr McCollum Snyder Kingston Reynolds Young (FL) Fattah McCotter Solis b 1926 Ferguson McDermott Spratt NOT VOTING—16 Filner McGovern Stark Messrs. MILLER of North Carolina, Cummings Janklow Towns Flake McHugh Stenholm BURGESS, and ROGERS of Alabama Doolittle Keller Udall (CO) Fletcher McIntyre Strickland changed their vote from ‘‘no’’ to ‘‘aye.’’ Emerson Knollenberg Velazquez Ford McNulty Stupak So the amendment was agreed to. Fossella Kucinich Woolsey Frank (MA) Meehan Sweeney Gephardt Rangel Frelinghuysen Meek (FL) Tanner The result of the vote was announced Hoekstra Serrano Frost Menendez Tauscher as above recorded. Gerlach Michaud Taylor (MS) AMENDMENT NO. 5 OFFERED BY MR. HASTINGS 1917 Gonzalez Millender- Taylor (NC) b Goode McDonald Terry OF FLORIDA So the amendment was agreed to. Goodlatte Miller (MI) Thompson (CA) The CHAIRMAN. The pending busi- The result of the vote was announced Gordon Miller (NC) Thompson (MS) ness is the demand for a recorded vote Green (TX) Miller, George Tierney as above recorded. Grijalva Mollohan Turner (OH) on the amendment offered by the gen- AMENDMENT OFFERED BY MR. SANDERS Gutierrez Moore Turner (TX) tleman from Florida (Mr. HASTINGS) on Gutknecht Moran (VA) Udall (NM) which further proceedings were post- The CHAIRMAN. The pending busi- Hall Murtha Upton ness is the demand for a recorded vote Harman Musgrave Van Hollen poned and on which the noes prevailed on the amendment offered by the gen- Hastings (FL) Nadler Visclosky by voice vote. Hill Napolitano Walsh tleman from Vermont (Mr. SANDERS) The Clerk will redesignate the Hinchey Neal (MA) Waters amendment. on which further proceedings were Hinojosa Ney Watson postponed and on which the ayes pre- Hobson Northup Watt The Clerk redesignated the amend- vailed by voice vote. Hoeffel Nussle Waxman ment. Holden Oberstar Weiner RECORDED VOTE The Clerk will redesignate the Holt Obey Weldon (PA) amendment. Honda Olver Wexler The CHAIRMAN. A recorded vote has The Clerk redesignated the amend- Hooley (OR) Ortiz Whitfield been demanded. ment. Hoyer Ose Wilson (NM) A recorded vote was ordered. Hunter Otter Wu RECORDED VOTE Inslee Owens Wynn The CHAIRMAN. This is a 5-minute The CHAIRMAN. A recorded vote has Israel Pallone Young (FL) vote. The vote was taken by electronic de- been demanded. NOES—160 A recorded vote was ordered. vice, and there were—ayes 205, noes 211, Aderholt Bonner Cole not voting 18, as follows: The CHAIRMAN. This is a 5-minute Akin Bono Collins vote. Bachus Boozman Cooper [Roll No. 486] The vote was taken by electronic de- Baker Bradley (NH) Cox AYES—205 Ballenger Brady (TX) Crane vice, and there were—ayes 258, noes 160, Abercrombie Berkley Capps Barrett (SC) Brown-Waite, Crenshaw Ackerman Berman Capuano not voting 16, as follows: Bartlett (MD) Ginny Crowley Alexander Berry Cardin Barton (TX) Burns Cubin [Roll No. 485] Allen Bishop (GA) Cardoza Bass Burr Culberson Andrews Bishop (NY) Carson (IN) AYES—258 Beauprez Buyer Cunningham Baca Blumenauer Carson (OK) Abercrombie Baldwin Bilirakis Bereuter Calvert Davis, Tom Baird Boehlert Case Ackerman Ballance Bishop (GA) Biggert Cannon Deal (GA) Baldwin Boswell Clay Alexander Becerra Bishop (NY) Bishop (UT) Cantor DeLay Ballance Boucher Clyburn Allen Bell Blumenauer Blackburn Carter DeMint Becerra Boyd Conyers Andrews Berkley Boehlert Blunt Castle Diaz-Balart, M. Bell Brady (PA) Costello Baca Berman Boswell Boehner Chabot Dreier Bereuter Brown (OH) Cramer Baird Berry Boucher Bonilla Chocola Duncan

VerDate jul 14 2003 05:11 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A09SE7.028 H09PT1 September 9, 2003 CONGRESSIONAL RECORD — HOUSE H8057 Crowley Kennedy (RI) Payne Linder Pickering Simpson Filner Lewis (KY) Rodriguez Davis (AL) Kildee Pelosi Lucas (OK) Pitts Smith (MI) Fletcher Lipinski Ross Davis (CA) Kilpatrick Peterson (MN) Manzullo Platts Smith (TX) Ford LoBiondo Rothman Davis (FL) Kind Pomeroy McCotter Pombo Smith (WA) Frank (MA) Lofgren Roybal-Allard Davis (IL) Kleczka Price (NC) McCrery Porter Souder Frost Lowey Ruppersberger Davis (TN) LaHood Quinn McInnis Portman Stearns Gonzalez Lucas (KY) Rush DeFazio Lampson Rahall McKeon Pryce (OH) Stenholm Gordon Lynch Ryan (OH) DeGette Langevin Reyes Mica Putnam Sullivan Green (TX) Majette Sabo Delahunt Lantos Rodriguez Miller (FL) Radanovich Tancredo Grijalva Maloney Sanchez, Linda DeLauro Larsen (WA) Ross Miller (MI) Ramstad Tauzin Gutierrez Markey T. Miller, Gary Regula Deutsch Larson (CT) Rothman Terry Gutknecht Marshall Sanchez, Loretta Moran (KS) Rehberg Diaz-Balart, L. Lee Roybal-Allard Thomas Hall Matheson Sanders Dicks Levin Moran (VA) Renzi Harman Matsui Ruppersberger Thornberry Sandlin Dingell Lewis (GA) Murphy Reynolds Hastings (FL) McCarthy (MO) Rush Tiahrt Saxton Doggett Lewis (KY) Musgrave Rogers (AL) Hill McCarthy (NY) Ryan (OH) Tiberi Schakowsky Doyle Lipinski Myrick Rogers (KY) Hinchey McCollum Toomey Schiff Edwards LoBiondo Sabo Nethercutt Rogers (MI) Hinojosa McDermott Turner (OH) Emanuel Lofgren Sanchez, Linda Neugebauer Rohrabacher Hoeffel McGovern Scott (GA) Engel Lowey T. Ney Ros-Lehtinen Upton Holden McHugh Scott (VA) English Lucas (KY) Sanchez, Loretta Northup Royce Vitter Holt McIntyre Sherman Eshoo Lynch Sanders Norwood Ryan (WI) Walsh Honda McNulty Shimkus Etheridge Majette Sandlin Nunes Ryun (KS) Wamp Hooley (OR) Meehan Shuster Evans Maloney Schakowsky Nussle Saxton Weldon (FL) Hostettler Meek (FL) Simmons Farr Markey Schiff Osborne Schrock Weldon (PA) Hoyer Meeks (NY) Skelton Fattah Marshall Scott (GA) Ose Sensenbrenner Weller Inslee Menendez Slaughter Filner Matheson Scott (VA) Otter Sessions Whitfield Israel Michaud Smith (NJ) Ford Matsui Sherman Oxley Shadegg Wicker Jackson (IL) Millender- Snyder Frank (MA) McCarthy (MO) Shimkus Paul Shaw Wilson (NM) Jackson-Lee McDonald Solis Frost McCarthy (NY) Skelton Pearce Shays Wilson (SC) (TX) Miller (NC) Spratt Gonzalez McCollum Slaughter Pence Sherwood Wolf Jefferson Miller, George Stark Gordon McDermott Smith (NJ) Peterson (PA) Shuster Young (AK) Jenkins Mollohan Stenholm Green (TX) McGovern Snyder Petri Simmons Young (FL) Johnson (IL) Moore Strickland Grijalva McHugh Johnson, E. B. Moran (VA) Solis NOT VOTING—18 Stupak Gutierrez McIntyre Spratt Jones (NC) Murtha Sweeney Harman McNulty Stark Brown, Corrine Hoekstra Serrano Jones (OH) Nadler Tanner Hastings (FL) Meehan Strickland Cummings Janklow Towns Kanjorski Napolitano Tauscher Hill Meek (FL) Stupak Doolittle Keller Turner (TX) Kaptur Neal (MA) Taylor (MS) Hinchey Meeks (NY) Kelly Oberstar Sweeney Emerson Knollenberg Udall (CO) Thompson (CA) Hinojosa Menendez Kennedy (RI) Obey Tanner Fossella Kucinich Velazquez Thompson (MS) Hoeffel Michaud Gephardt Rangel Woolsey Kildee Olver Tauscher Tierney Holden Millender- Kilpatrick Ortiz Taylor (MS) Holt McDonald Kind Owens Udall (NM) Taylor (NC) 1933 Honda Miller (NC) b Kleczka Pallone Van Hollen Hooley (OR) Miller, George Thompson (CA) So the amendment was rejected. Lampson Pascrell Visclosky Thompson (MS) Waters Hostettler Mollohan The result of the vote was announced Langevin Pastor Hoyer Moore Tierney Lantos Payne Watson Inslee Murtha Udall (NM) as above recorded. Larsen (WA) Pelosi Watt Van Hollen Israel Nadler AMENDMENT OFFERED BY MR. VAN HOLLEN Larson (CT) Peterson (MN) Waxman Jackson (IL) Napolitano Visclosky Latham Pomeroy Weiner Jackson-Lee Neal (MA) Walden (OR) The CHAIRMAN. The pending busi- Leach Price (NC) Wexler (TX) Oberstar Waters ness is the demand for a recorded vote Lee Quinn Wolf Jefferson Obey Watson on the amendment offered by the gen- Levin Rahall Wu Johnson (IL) Olver Watt Lewis (GA) Reyes Wynn tleman from Maryland (Mr. VAN Johnson, E. B. Ortiz Waxman Jones (NC) Owens Weiner HOLLEN) on which further proceedings NOES—198 Jones (OH) Pallone Wexler were postponed and on which the noes Aderholt Cunningham Hulshof Kanjorski Pascrell Wu prevailed by voice vote. Kaptur Pastor Wynn Akin Davis, Tom Hunter The Clerk will redesignate the Bachus Deal (GA) Hyde NOES—211 amendment. Baker DeLay Isakson Ballenger DeMint Issa Aderholt Coble Goss The Clerk redesignated the amend- Barrett (SC) Diaz-Balart, L. Istook Akin Cole Granger ment. Bartlett (MD) Diaz-Balart, M. John Bachus Collins Graves RECORDED VOTE Barton (TX) Dreier Johnson (CT) Baker Cooper Green (WI) Bass Duncan Johnson, Sam Ballenger Cox Greenwood The CHAIRMAN. A recorded vote has Beauprez Dunn Kennedy (MN) Barrett (SC) Crane Gutknecht been demanded. Biggert Ehlers King (IA) Bartlett (MD) Crenshaw Hall A recorded vote was ordered. Bilirakis English King (NY) Barton (TX) Cubin Harris Bishop (UT) Everett Kingston Bass Culberson Hart The CHAIRMAN. This will be a 5- Blackburn Feeney Kirk Beauprez Cunningham Hastings (WA) minute vote. Blunt Ferguson Kline Biggert Davis, Jo Ann Hayes The vote was taken by electronic de- Boehner Flake Kolbe Bilirakis Davis, Tom Hayworth vice, and there were—ayes 220, noes 198, Bonilla Foley LaHood Bishop (UT) Deal (GA) Hefley Bonner Forbes LaTourette Blackburn DeLay Hensarling not voting 16, as follows: Bono Franks (AZ) Lewis (CA) Blunt DeMint Herger [Roll No. 487] Boozman Frelinghuysen Linder Boehner Diaz-Balart, M. Hobson Bradley (NH) Gallegly Lucas (OK) Bonilla Dooley (CA) Houghton AYES—220 Brady (TX) Garrett (NJ) Manzullo Bonner Dreier Hulshof Abercrombie Brady (PA) Davis (FL) Brown (SC) Gerlach McCotter Bono Duncan Hunter Ackerman Brown (OH) Davis (IL) Brown-Waite, Gibbons McCrery Boozman Dunn Hyde Alexander Brown, Corrine Davis (TN) Ginny Gilchrest McInnis Bradley (NH) Ehlers Isakson Allen Burr Davis, Jo Ann Burgess Gillmor McKeon Brady (TX) Everett Issa Andrews Capito DeFazio Burns Gingrey Mica Brown (SC) Feeney Istook Baca Capps DeGette Burton (IN) Goode Miller (FL) Brown-Waite, Ferguson Jenkins Baird Capuano Delahunt Buyer Goodlatte Miller (MI) Ginny Flake John Baldwin Cardin DeLauro Calvert Goss Miller, Gary Burgess Fletcher Johnson (CT) Ballance Cardoza Deutsch Camp Granger Moran (KS) Burns Foley Johnson, Sam Becerra Carson (IN) Dicks Cannon Graves Murphy Burr Forbes Kelly Bell Carson (OK) Dingell Cantor Green (WI) Musgrave Burton (IN) Franks (AZ) Kennedy (MN) Bereuter Case Doggett Carter Greenwood Myrick Buyer Frelinghuysen King (IA) Berkley Clay Dooley (CA) Castle Harris Nethercutt Calvert Gallegly King (NY) Berman Clyburn Doyle Chabot Hart Neugebauer Camp Garrett (NJ) Kingston Berry Collins Edwards Chocola Hastings (WA) Ney Cannon Gerlach Kirk Bishop (GA) Conyers Emanuel Coble Hayes Northup Cantor Gibbons Kline Bishop (NY) Cooper Engel Cole Hayworth Norwood Capito Gilchrest Kolbe Blumenauer Costello Eshoo Cox Hefley Nunes Carter Gillmor Latham Boehlert Cramer Etheridge Crane Hensarling Nussle Castle Gingrey LaTourette Boswell Crowley Evans Crenshaw Herger Osborne Chabot Goode Leach Boucher Davis (AL) Farr Cubin Hobson Ose Chocola Goodlatte Lewis (CA) Boyd Davis (CA) Fattah Culberson Houghton Otter

VerDate jul 14 2003 04:36 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A09SE7.031 H09PT1 H8058 CONGRESSIONAL RECORD — HOUSE September 9, 2003 Oxley Rohrabacher Thomas Goodlatte Lowey Rodriguez Pearce Rothman Sweeney Paul Ros-Lehtinen Thornberry Gordon Lucas (KY) Ross Pence Royce Tancredo Pearce Royce Tiahrt Graves Lynch Roybal-Allard Petri Ryun (KS) Tauzin Pence Ryan (WI) Tiberi Green (TX) Majette Ruppersberger Pickering Saxton Taylor (NC) Peterson (PA) Ryun (KS) Toomey Greenwood Maloney Rush Platts Schrock Thomas Petri Schrock Turner (OH) Grijalva Manzullo Ryan (OH) Pombo Sensenbrenner Thornberry Pickering Sensenbrenner Turner (TX) Gutierrez Markey Ryan (WI) Porter Sessions Tiahrt Pitts Sessions Upton Hall Marshall Sabo Pryce (OH) Shadegg Turner (OH) Platts Shadegg Putnam Shaw Vitter Vitter Harman Matheson Sanchez, Linda Pombo Shaw Hefley Matsui T. Quinn Sherwood Wamp Walden (OR) Porter Shays Herger McCarthy (MO) Sanchez, Loretta Radanovich Shuster Weldon (FL) Walsh Portman Sherwood Hill McCarthy (NY) Sanders Renzi Simpson Weller Wamp Pryce (OH) Simpson Hinchey McCollum Sandlin Reynolds Skelton Wexler Putnam Smith (MI) Weldon (FL) Hinojosa McDermott Schakowsky Rogers (AL) Smith (NJ) Wicker Radanovich Smith (TX) Weldon (PA) Hobson McGovern Schiff Rogers (KY) Smith (TX) Wilson (SC) Ramstad Smith (WA) Weller Hoeffel McHugh Scott (GA) Rogers (MI) Souder Wolf Regula Souder Whitfield Holden McIntyre Scott (VA) Rohrabacher Stearns Young (AK) Rehberg Stearns Wicker Holt McNulty Shays Ros-Lehtinen Sullivan Young (FL) Renzi Sullivan Wilson (NM) Honda Meehan Sherman Reynolds Tancredo Wilson (SC) Hooley (OR) Meeks (NY) Shimkus NOT VOTING—15 Rogers (AL) Tauzin Young (AK) Hostettler Michaud Simmons Cummings Janklow Serrano Rogers (KY) Taylor (NC) Young (FL) Houghton Millender- Slaughter Emerson Keller Towns Rogers (MI) Terry Hoyer McDonald Smith (MI) Fossella Knollenberg Udall (CO) Inslee Miller (NC) Smith (WA) Gephardt Kucinich Velazquez NOT VOTING—16 Israel Miller, George Snyder Hoekstra Rangel Woolsey Cummings Janklow Towns Issa Mollohan Solis Doolittle Keller Udall (CO) Jackson (IL) Moore Spratt b 1950 Emerson Knollenberg Velazquez Jackson-Lee Moran (KS) Stark Mr. GUTKNECHT changed his vote Fossella Kucinich Woolsey (TX) Moran (VA) Stenholm Gephardt Rangel Jefferson Murtha Strickland from ‘‘aye’’ to ‘‘no.’’ Hoekstra Serrano John Nadler Stupak So the amendment was agreed to. Johnson (CT) Napolitano Tanner The result of the vote was announced b 1941 Johnson (IL) Neal (MA) Tauscher as above recorded. Johnson, E. B. Nethercutt Taylor (MS) Mr. STUPAK. Mr. Chairman, I rise to high- Mr. SWEENEY, Mr. MORAN of Vir- Jones (OH) Ney Terry light my amendments to the Transportation- ginia, and Ms. CAPITO changed their Kanjorski Nussle Thompson (CA) Kaptur Oberstar Thompson (MS) Treasury-Independent Agencies Appropria- vote from ‘‘no’’ to ‘‘aye.’’ Kennedy (RI) Obey Tiberi tions Act. Although they were ruled out of So the amendment was agreed to. Kildee Olver Tierney order by the House Committee on Rules, I be- The result of the vote was announced Kilpatrick Osborne Toomey Kind Otter Turner (TX) lieve they warrant attention. as above recorded. Kleczka Owens Udall (NM) I offered two amendments to the Rules AMENDMENT OFFERED BY MR. DAVIS OF Kolbe Pastor Upton Committee: one to require that the State of FLORIDA LaHood Paul Van Hollen Lampson Payne Visclosky Michigan use some of their federal aid to help The CHAIRMAN. The pending busi- Langevin Pelosi Walden (OR) rehabilitate the Mackinac Bridge; and another ness is the demand for a recorded vote Lantos Peterson (MN) Walsh to prohibit airlines from cutting their service if on the amendment offered by the gen- Larsen (WA) Peterson (PA) Waters Larson (CT) Pitts Watson they took the most recent federal airlines’ bail- tleman from Florida (Mr. DAVIS) on Latham Pomeroy Watt out money. which further proceedings were post- LaTourette Portman Waxman My Mackinac Bridge amendment would poned and on which the noes prevailed Leach Price (NC) Weiner have bolstered much-needed support of the by voice vote. Lee Rahall Weldon (PA) Levin Ramstad Whitfield largest suspension bridge in the Western The Clerk will redesignate the Lewis (GA) Regula Wilson (NM) Hemisphere, connecting Michigan’s Lower and amendment. Lipinski Rehberg Wu Upper Peninsulas. The Clerk redesignated the amend- Lofgren Reyes Wynn Under the Mackinac Bridge Authority’s origi- ment. NOES—173 nal 1956 toll agreement, the Bridge does not RECORDED VOTE qualify for state apportioned federal aid. How- Ackerman Cunningham Hyde The CHAIRMAN. A recorded vote has Aderholt Davis, Jo Ann Isakson ever, the Mackinac Bridge Authority, the Michi- been demanded. Akin Davis, Tom Istook gan Department of Transportation, and the A recorded vote was ordered. Andrews Deal (GA) Jenkins Federal Highway Administration are now work- Bachus DeLay Johnson, Sam The CHAIRMAN. This will be a 5- Baker Deutsch Jones (NC) ing to update the Bridge’s toll agreement to minute vote. Ballenger Diaz-Balart, L. Kelly allow it to qualify for federal aid. The vote was taken by electronic de- Barrett (SC) Diaz-Balart, M. Kennedy (MN) Should the toll agreement take effect, my vice, and there were—ayes 246, noes 173, Bartlett (MD) Doolittle King (IA) Mackinac Bridge amendment would ensure Barton (TX) Dreier King (NY) not voting 15, as follows: Beauprez Dunn Kingston the State of Michigan would use ‘‘such sums [Roll No. 488] Berkley Engel Kirk as necessary’’ of their state apportioned fed- Bilirakis English Kline eral aid for the rehabilitation of Mackinac AYES—246 Bishop (UT) Everett Lewis (CA) Abercrombie Brown (OH) DeGette Blackburn Feeney Lewis (KY) Bridge. Alexander Brown, Corrine Delahunt Blunt Ferguson Linder My air carrier amendment would protect air- Allen Burgess DeLauro Boehner Foley LoBiondo ports and airline passengers from increasing Baca Camp DeMint Bonilla Forbes Lucas (OK) cuts in service. During the last two years, air Baird Capps Dicks Bradley (NH) Franks (AZ) McCotter Baldwin Capuano Dingell Brown (SC) Frelinghuysen McCrery carriers have lobbied for federal aid on the Ballance Cardin Doggett Brown-Waite, Gallegly McInnis grounds that they cannot alone shoulder the Bass Cardoza Dooley (CA) Ginny Garrett (NJ) McKeon burden of heightened security needs and the Becerra Carson (IN) Doyle Burns Gerlach Meek (FL) declining economy while maintaining adequate Bell Carson (OK) Duncan Burr Gibbons Menendez Bereuter Case Edwards Burton (IN) Gillmor Mica flight service. Berman Castle Ehlers Buyer Gingrey Miller (FL) Congress has continually supported in- Berry Clay Emanuel Calvert Goode Miller (MI) creased federal aid for U.S. air carriers, most Biggert Clyburn Eshoo Cannon Goss Miller, Gary Bishop (GA) Conyers Etheridge Cantor Granger Murphy recently during the Fiscal Year 2003 Supple- Bishop (NY) Cooper Evans Capito Green (WI) Musgrave mental Appropriations Act. The Supplemental Blumenauer Costello Farr Carter Gutknecht Myrick provided an ‘‘emergency’’ $2.9 billion in assist- Boehlert Cramer Fattah Chabot Harris Neugebauer ance to U.S. air carriers. Bonner Crowley Filner Chocola Hart Northup Bono Cubin Flake Coble Hastings (FL) Norwood Yet despite increased federal assistance, air Boozman Davis (AL) Fletcher Cole Hastings (WA) Nunes carriers continue to cut flight service at air- Boswell Davis (CA) Ford Collins Hayes Ortiz ports across the country. Rural airports have Boucher Davis (FL) Frank (MA) Cox Hayworth Ose been hit particularly hard by air carriers elimi- Boyd Davis (IL) Frost Crane Hensarling Oxley Brady (PA) Davis (TN) Gilchrest Crenshaw Hulshof Pallone nating air travel options or reducing the flight Brady (TX) DeFazio Gonzalez Culberson Hunter Pascrell schedule.

VerDate jul 14 2003 04:36 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 7634 Sfmt 9920 E:\CR\FM\A09SE7.032 H09PT1 September 9, 2003 CONGRESSIONAL RECORD — HOUSE H8059 My air carrier funding amendment would Mr. ACEVEDO-VILA´ . Mr. Chairman, I want The vote was taken by electronic de- prohibit any air carrier receiving federal assist- to thank Chairman ISTOOK, Ranking Member vice, and there were—yeas 381, nays 39, ance under the FY03 Supplemental Appropria- OLVER and the staff of the Transportation, not voting 14, as follows: tions Act from reducing the level of service at Treasury and Independent Agencies Sub- [Roll No. 489] any airport for a period of two years, retro- committee for their continued consideration active to the date of the Supplemental’s enact- and support of the transportation related YEAS—381 ment on April 16, 2003. needs in the Commonwealth of Puerto Rico. Abercrombie DeGette Kaptur These amendments would have helped im- As many of my colleagues are aware, Puer- Ackerman Delahunt Kelly Aderholt DeLauro Kennedy (MN) prove the lives of northern Michigan residents. to Rico, with a limited land mass and a very Akin DeLay Kennedy (RI) It is unfortunate the House Rules Committee high population density, faces enormous chal- Alexander DeMint Kildee prohibited their consideration. lenges in meeting the demands on surface Allen Dicks Kilpatrick Mr. STUPAK. Mr. Chairman, I rise in strong Andrews Dingell Kind transportation networks. Through our partner- Baca Doggett King (IA) support of Mr. MCHUGH’s amendment to pro- ship with the federal government, with local fi- Bachus Dooley (CA) King (NY) tect commercial air service for small commu- nancial commitments tied to necessary plan- Baird Doolittle Kingston nities. ning and project construction, Puerto Rico will Baker Doyle Kirk Baldwin Dreier Kleczka The Federal Aviation Administration Con- meet the growing needs for transportation. Ballance Duncan Kline ference Report establishes a pilot program to Congestion, a serious problem crippling the Ballenger Dunn Knollenberg require up to 10 selected Essential Air Service San Juan metropolitan area, will be signifi- Bartlett (MD) Edwards Kolbe communities to contribute a 10 percent cost Barton (TX) Ehlers LaHood cantly reduced by the initial phase of Tren Bass Emanuel Lampson share for a 4-year period. Urbano. The light rail project will grow transit Beauprez Engel Langevin The McHugh amendment prevents this ridership over time and provide an integrated, Becerra English Lantos baseless cost-sharing burden from taking ef- multi-modal transportation system with buses, Bell Eshoo Larsen (WA) fect. Bereuter Etheridge Larson (CT) publicos, water taxis, pedestrians and auto- Berkley Farr Latham For 25 years now, EAS has provided gov- mobiles. The Commonwealth of Puerto Rico is Berman Fattah LaTourette ernment subsidies to air carriers serving small committed to the successful completion of Berry Feeney Leach communities like mine in northern Michigan. Phase I of Tren Urbano and the development Biggert Ferguson Lee Without the federal help of EAS, many small Bilirakis Filner Levin of future extensions. Bishop (GA) Fletcher Lewis (CA) communities would not be able to retain I thank the Appropriations Committee for in- Bishop (NY) Foley Lewis (GA) scheduled commercial air service. Rural resi- cluding $43.5 million in funds for Phase 1 of Bishop (UT) Forbes Lewis (KY) dents like those in the 1st District of Michigan Tren Urbano. Additionally, under the House Blackburn Ford Linder deserve access to the air transportation sys- Blumenauer Frank (MA) Lipinski passed bill, Puerto Rico will receive significant Blunt Frelinghuysen LoBiondo tem. Commercial air service is also critical to funds for new bus purchases, and for ferry- Boehlert Frost Lofgren economic development. boat and ferryboat facility improvements. I will Boehner Gallegly Lowey Bonilla Garrett (NJ) Lucas (KY) Never before have local airports been re- work with conferees to safeguard this nec- quired to contribute to the federal EAS pro- Bonner Gerlach Lucas (OK) essary support Puerto Rico has been provided Bono Gibbons Lynch gram, nor should they be expected to do so by the House. Boozman Gilchrest Majette now. The CHAIRMAN. The Clerk will read Boucher Gillmor Maloney I’m supporting the McHugh amendment to Boyd Gingrey Manzullo the last 3 lines of the bill. Bradley (NH) Gonzalez Markey make sure communities receiving EAS funding The Clerk read as follows: Brady (PA) Goode Marshall won’t be forced to sacrifice other important This Act may be cited as the ‘‘Transpor- Brady (TX) Goodlatte Matsui local programs at the expense of air service. tation, Treasury, and Independent Agencies Brown (OH) Gordon McCarthy (MO) I also take this opportunity to mention my Appropriations Act, 2004’’. Brown (SC) Goss McCarthy (NY) Brown, Corrine Granger McCollum other efforts in this bill to protect my commu- The CHAIRMAN. Are there any fur- Brown-Waite, Graves McCotter nity airports and air passengers. ther amendments to the bill? If not, Ginny Green (TX) McCrery I submitted an amendment to the House under the rule, the Committee rises. Burgess Green (WI) McDermott Committee on Rules to prohibit airlines from Accordingly, the Committee rose; Burns Greenwood McGovern Burr Grijalva McInnis cutting their service if they took the most re- and the Speaker pro tempore (Mr. Burton (IN) Gutierrez McIntyre cent federal airlines’ bailout money. THORNBERRY) having assumed the Buyer Gutknecht McKeon During the last two years, air carriers have chair, Mr. DREIER, Chairman of the Calvert Hall McNulty lobbied for federal aid on the grounds that Committee of the Whole House on the Camp Harman Meehan Cannon Harris Meeks (NY) they cannot alone shoulder the burden of State of the Union, reported that that Cantor Hart Mica heightened security needs and the declining Committee, having had under consider- Capito Hastings (WA) Michaud economy while maintaining adequate flight ation the bill (H.R. 2989) making appro- Capps Hayes Millender- service. Capuano Hayworth McDonald priations for the Departments of Cardin Hill Miller (MI) Congress has continually supported in- Transportation and Treasury, and inde- Cardoza Hinchey Miller (NC) creased federal aid for U.S. air carriers, most pendent agencies for the fiscal year Carson (IN) Hinojosa Miller, Gary recently during the Fiscal Year 2003 Supple- ending September 30, 2004, and for Carson (OK) Hobson Miller, George mental Appropriations Act. The Supplemental Carter Hoeffel Mollohan other purposes, pursuant to House Res- Case Holden Moore provided an ‘‘emergency’’ $2.9 billion in assist- olution 351, he reported the bill back to Castle Holt Moran (KS) ance to U.S. air carriers. the House with sundry amendments Chabot Honda Moran (VA) Yet despite increased federal assistance, air Chocola Hooley (OR) Murphy adopted by the Committee of the Clay Hostettler Murtha carriers continue to cut flight service at air- Whole. Clyburn Houghton Musgrave ports across the country. Rural airports have The SPEAKER pro tempore. Under Coble Hoyer Myrick been hit particularly hard by air carriers elimi- the rule, the previous question is or- Cole Hulshof Nadler nating air travel options or reducing the flight Collins Hunter Napolitano dered. Cooper Hyde Neal (MA) schedule. Is a separate vote demanded on any Cox Inslee Nethercutt My air carrier funding amendment would amendment? If not, the Chair will put Cramer Isakson Neugebauer prohibit any air carrier receiving federal assist- them en gros. Crane Israel Ney ance under the FY03 Supplemental Appropria- Crenshaw Issa Northup The amendments were agreed to. Crowley Istook Norwood tions Act from reducing the level of service at The SPEAKER pro tempore. The Cubin Jackson (IL) Nunes any airport for a period of two years, retro- question is on the engrossment and Culberson Jackson-Lee Oberstar active to the date of the Supplemental’s enact- third reading of the bill. Cunningham (TX) Olver The bill was ordered to be engrossed Davis (AL) Jefferson Ortiz ment on April 16, 2003. Davis (CA) Jenkins Osborne This amendment would have helped im- and read a third time, and was read the Davis (FL) John Ose prove the lives of northern Michigan residents. third time. Davis (IL) Johnson (CT) Otter It is unfortunate the House Rules Committee The SPEAKER pro tempore. The Davis (TN) Johnson (IL) Owens Davis, Jo Ann Johnson, E. B. Pallone prohibited their consideration. question is on the passage of the bill. Davis, Tom Johnson, Sam Pascrell I do, however, urge my colleagues to sup- Under clause 10 of rule XX, the yeas Deal (GA) Jones (OH) Pastor port the McHugh amendment. and nays are ordered. DeFazio Kanjorski Payne

VerDate jul 14 2003 04:36 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A09SE7.036 H09PT1 H8060 CONGRESSIONAL RECORD — HOUSE September 9, 2003 Pearce Ryun (KS) Terry House on the State of the Union for the about Bridgeport. If you come from Pelosi Sabo Thomas further consideration of the bill (H.R. Texas, you know about Houston and Pence Sanchez, Linda Thompson (CA) Peterson (MN) T. Thompson (MS) 2765) making appropriations for the Dallas. And I do not know all of your Peterson (PA) Sanchez, Loretta Thornberry government of the District of Columbia rural districts, but I am sure they will Petri Sanders Tiahrt and other activities chargeable in match the District in test scores and Pickering Sandlin Tiberi whole or in part against the revenues all the rest of the deprivations that Pitts Saxton Tierney Platts Schakowsky Turner (OH) of said District for the fiscal year end- lead to bad schools. Pombo Schiff Turner (TX) ing September 30, 2004, and for other So you go home, if you will, and tell Pomeroy Schrock them that in the year when the unkept Porter Scott (GA) Udall (NM) purposes, with Mr. BASS in the chair. Portman Scott (VA) Upton The Clerk read the title of the bill. promise of special education remains Price (NC) Sessions Van Hollen The CHAIRMAN. When the Com- outstanding, while the schools in your Pryce (OH) Shaw Visclosky mittee of the Whole rose on Friday, district are being called shortchanged, Putnam Shays Vitter Quinn Sherman Walden (OR) September 5, 2003, amendment No. 2 of- that is okay; there was one district in Radanovich Sherwood Walsh fered by the gentleman from Colorado the United States that I was willing to Rahall Shuster Wamp (Mr. HEFLEY) had been disposed of and give private money for public schools. Ramstad Simmons Waters the bill was open for amendment from So you go home and tell them, well, Regula Simpson Watson Rehberg Skelton Watt page 12, line 23, through page 52, line I am not for it here, because that is the Renzi Slaughter Waxman 12. hypocrisy I hear time and again, but Reyes Smith (NJ) Weiner Mr. YOUNG of Florida. Mr. Chair- this is one district in the whole United Reynolds Smith (TX) Weldon (FL) man, I move to strike the last word. States that I was willing to dig in my Rodriguez Snyder Weldon (PA) Rogers (AL) Mr. Chairman, I take this time to ad- Federal pocket and draw out some pub- Solis Weller Rogers (KY) Souder Whitfield vise the House that this vote that we lic money for private schools and it Rogers (MI) Spratt Wicker will take soon on the D.C. bill is the will never happen again. There is a 5- Ross Stenholm Rothman Stupak Wilson (NM) end of the 13 regular appropriations year appropriation here. You will be Roybal-Allard Sullivan Wilson (SC) bills for fiscal year 2004. This does the doing it year after year. And you go Royce Sweeney Wolf job. home and tell them, when there is a Ruppersberger Tanner Wu Rush Tauscher Wynn We have had some interesting times, backlash now developing against the Ryan (OH) Tauzin Young (AK) Mr. Chairman; but in this calendar bipartisan No Child Left Behind, that Ryan (WI) Taylor (NC) Young (FL) year starting in February, the Com- that $9 billion unfunded mandate, that NAYS—39 mittee on Appropriations concluded 11 is okay, we are taking care of that. Barrett (SC) Hensarling Ros-Lehtinen of last year’s bills, two major Meanwhile, we had some private Boswell Herger Sensenbrenner supplementals, and 13 regular bills schools in the District of Columbia Conyers Jones (NC) Shadegg once we have the vote on the D.C. ap- that we simply had to fund this year. Costello Matheson Shimkus propriations bill. This is a voucher-only bill. If you Deutsch McHugh Smith (MI) Diaz-Balart, L. Meek (FL) Smith (WA) I want to say thank you to all of the vote for the Davis amendment, you are Diaz-Balart, M. Menendez Stark Members of the Committee on Appro- voting for vouchers for our country. If Evans Miller (FL) Stearns priations on both sides. I want to say you vote ‘‘yes’’ on final, you are voting Everett Nussle Strickland vouchers if the Davis amendment is in Flake Obey Tancredo thank you to the Members of the House Franks (AZ) Oxley Taylor (MS) that gave us some spirited debate in the bill. Vote ‘‘no’’ on Davis. Vote ‘‘no’’ Hastings (FL) Paul Toomey amendments but also some very strong on final passage. Do not flip-flop on Hefley Rohrabacher Wexler votes. vouchers. You will pay the price. We NOT VOTING—14 Mr. Chairman, we are prepared then will try to see to it that you do. Cummings Janklow Towns to move on to our conferences with the Mr. BOEHNER. Mr. Chairman, I Emerson Keller Udall (CO) other body, which should prove to be move to strike the last word. Fossella Kucinich Velazquez very interesting. Mr. Chairman, I would say to my col- Gephardt Rangel Woolsey leagues that I will not use the 5 min- Hoekstra Serrano Ms. NORTON. Mr. Chairman, I move to strike the last word. utes, but we need to understand that ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Mr. Chairman, this House has a proud the Davis proposal that the gentleman The SPEAKER pro tempore (Mr. bipartisan record of reserving scarce from New Jersey (Mr. FRELINGHUYSEN) THORNBERRY) (during the vote). Mem- Federal funds for public education. We and I have cosponsored is supported by bers are advised there are 2 minutes re- cannot convincingly make the District the Mayor and supported by the Presi- maining in this vote. of Columbia an exception to that dent of the school board and other b 2010 record. members of the city government. It is The majority of the city council, the also overwhelmingly supported by the Mr. MEEK of Florida and Mr. majority of the elected members of the people of D.C. HASTINGS of Florida changed their school board, and as the member who But do not take my word for this, be- vote from ‘‘yea’’ to ‘‘nay.’’ has represented the city for 13 years, cause this is really not about the poli- So the bill was passed. the majority of the residents of the ticians and it is really not about us; it The result of the vote was announced city are just like your districts and is about poor kids in poor schools who as above recorded. overwhelmingly oppose vouchers. Hun- are being denied an education. We A motion to reconsider was laid on dreds of them, led by the clergy of our hope, we hope that the Mayor and the the table. city ministers and rabbis, came to fan school board do a great job trying to f out to tell the Congress that just last improve the city schools. But while week. they are out there working, trying to DISTRICT OF COLUMBIA improve the city’s schools, why should APPROPRIATIONS ACT, 2004 b 2015 we not take the chance, why should we The SPEAKER pro tempore. Pursu- If you are willing to vote to give pub- not take the chance of offering 2,000 ant to the order of the House of Friday, lic money to private schools this year, children a chance to go to a better July 25, 2003, and rule XVIII, the Chair you better be prepared to answer back school? Because in the end, that is declares the House in the Committee of home. Of course you can say, well, the what this is about, these kids. And the Whole House on the State of the District of Columbia is different; you these kids today are going to have no Union for the further consideration of know, the schools are so bad. There are future if we do not stand up and begin the bill, H.R. 2765 school districts exactly like the Dis- to help them. trict of Columbia in every State of the So I would ask all of my colleagues 2012 b Union. Those of you from Michigan today, when you vote, think about IN THE COMMITTEE OF THE WHOLE know about Detroit. If you come from these children and think about their Accordingly, the House resolved Georgia, you know about Atlanta. If future. All of their parents want, and itself into the Committee of the Whole you come from Connecticut, you know what these kids want is the same

VerDate jul 14 2003 04:36 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A09SE7.040 H09PT1 September 9, 2003 CONGRESSIONAL RECORD — HOUSE H8061 things that we want for our children, Beauprez Goodlatte Pearce Johnson (IL) Menendez Sanchez, Linda and if we stand up here today and vote Bereuter Goss Pence Johnson, E. B. Michaud T. Bilirakis Granger Peterson (PA) Jones (OH) Millender- Sanchez, Loretta ‘‘no,’’ I want you to look into their par- Bishop (UT) Green (WI) Petri Kanjorski McDonald Sanders ents’ eyes and say, I am not going to Blackburn Greenwood Pickering Kaptur Miller (NC) Sandlin help you, and your children are not Blunt Gutknecht Pitts Kennedy (RI) Miller, George Saxton Kildee Mollohan going to have the same opportunity as Boehner Hall Pombo Schakowsky Bonilla Harris Porter Kilpatrick Moore Schiff ours. Please vote for Davis. Bonner Hart Portman Kind Moran (VA) Scott (GA) Kleczka Murtha Mrs. JONES of Ohio. Mr. Chairman, I Bono Hastings (WA) Pryce (OH) Scott (VA) Boozman Hayes Putnam Lampson Nadler Sherman move to strike the last word. Bradley (NH) Hayworth Quinn Langevin Napolitano Simmons I come from the great city of Cleve- Brady (TX) Hefley Radanovich Lantos Neal (MA) land where the voucher program was Brown (SC) Hensarling Regula Larsen (WA) Ney Skelton Slaughter upheld by the Supreme Court, and I Brown-Waite, Herger Rehberg Larson (CT) Oberstar Ginny Hobson Renzi Leach Obey Smith (WA) look in the eyes of the parents of every Burgess Hostettler Reynolds Lee Olver Snyder one of those children everyday and say Burns Houghton Rogers (AL) Levin Ortiz Solis to them that public education is what Burton (IN) Hulshof Rogers (KY) Lewis (GA) Osborne Spratt Buyer Hunter Rogers (MI) LoBiondo Owens Stark we ought to be supporting. Let us put Calvert Hyde Rohrabacher Lofgren Pallone Stenholm some of that $87 billion we are getting Camp Isakson Ros-Lehtinen Lowey Pascrell Strickland ready to send to Iraq into public edu- Cannon Issa Royce Lucas (KY) Pastor Stupak cation. Let us put some of these dollars Cantor Istook Ryan (WI) Lynch Paul Tanner Capito Jenkins Ryun (KS) Majette Payne that we are setting aside into public Tauscher Carter Johnson (CT) Schrock Maloney Pelosi Thompson (CA) education. Let us reduce student- Castle Johnson, Sam Sensenbrenner Markey Peterson (MN) Thompson (MS) Marshall teacher ratio. Let us increase the op- Chabot Jones (NC) Sessions Platts Tierney Chocola Kelly Shadegg Matheson Pomeroy Turner (TX) portunity for our children to do well. Coble Kennedy (MN) Shaw Matsui Price (NC) Udall (NM) I am not going to take 5 minutes ei- Cole King (IA) Shays McCarthy (MO) Rahall Van Hollen Collins King (NY) Sherwood McCarthy (NY) Ramstad ther, but I could not let you leave with Visclosky saying you could not look into eyes of Cox Kingston Shimkus McCollum Reyes Crane Kirk Shuster McDermott Rodriguez Waters the parents. I look in their eyes every- Crenshaw Kline Smith (MI) McGovern Ross Watson day, and they say, Stephanie, send me Cubin Knollenberg Smith (NJ) McHugh Rothman Watt more teachers, send me more money Culberson Kolbe Smith (TX) McIntyre Roybal-Allard Waxman Cunningham LaHood Souder McNulty Ruppersberger Weiner for our schools, and give our children Davis, Jo Ann Latham Stearns Meehan Rush Wexler an opportunity. Davis, Tom LaTourette Sullivan Meek (FL) Ryan (OH) Wu The CHAIRMAN. The Clerk will read Deal (GA) Lewis (CA) Sweeney Meeks (NY) Sabo Wynn the last 2 lines of the bill. DeLay Lewis (KY) Tancredo DeMint Linder Tauzin NOT VOTING—17 The Clerk read as follows: Diaz-Balart, L. Lipinski Taylor (MS) Cummings Hoekstra Simpson This Act may be cited as the ‘‘District of Diaz-Balart, M. Lucas (OK) Taylor (NC) Emerson Janklow Towns Columbia Appropriations Act, 2004’’. Doolittle Manzullo Terry Ford Keller Udall (CO) Dreier McCotter Thomas Fossella Kucinich Velazquez The CHAIRMAN. Are there any fur- Duncan McCrery Thornberry Gephardt Rangel Woolsey ther amendments to the bill? If not, Dunn McInnis Tiahrt Graves Serrano under the order of the House, the Com- Ehlers McKeon Tiberi Everett Mica Toomey ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE mittee rises. Feeney Miller (FL) Turner (OH) The SPEAKER pro tempore (Mr. Accordingly, the Committee rose; Ferguson Miller (MI) Upton THORNBERRY) (during the vote). Mem- and the Speaker pro tempore (Mr. Flake Miller, Gary Vitter Fletcher Moran (KS) Walden (OR) bers are advised that 2 minutes remain THORNBERRY) having assumed the Foley Murphy Walsh in this vote. chair, Mr. BASS, Chairman of the Com- Forbes Musgrave Wamp PARLIAMENTARY INQUIRIES Franks (AZ) Myrick Weldon (FL) mittee of the Whole House on the State Mr. HOYER (during the vote). Mr. of the Union, reported that that Com- Frelinghuysen Nethercutt Weldon (PA) Gallegly Neugebauer Weller Speaker, parliamentary inquiry. mittee, having had under consideration Garrett (NJ) Northup Whitfield The SPEAKER pro tempore (Mr. Gerlach Norwood Wicker the bill (H.R. 2765) making appropria- THORNBERRY). The gentleman may tions for the government of the Dis- Gibbons Nunes Wilson (NM) Gilchrest Nussle Wilson (SC) state a parliamentary inquiry per- trict of Columbia and other activities Gillmor Ose Wolf taining to the vote. chargeable in whole or in part against Gingrey Otter Young (AK) Mr. HOYER. Mr. Speaker, under reg- the revenues of said District for the fis- Goode Oxley Young (FL) ular order, we were told at the begin- cal year ending September 30, 2004, and NOES—208 ning of this session that the leadership for other purposes, pursuant to the pre- of the House and the message from the vious order of the House of July 25, he Abercrombie Carson (IN) Etheridge Ackerman Carson (OK) Evans Speaker of the House, DENNIS HASTERT, reported the bill back to the House Alexander Case Farr was that we were going to allot 15 min- with an amendment adopted by the Allen Clay Fattah utes for votes with only 2 minutes, and Committee of the Whole. Andrews Clyburn Filner Baca Conyers Frank (MA) that at 17 minutes, the voting tally The SPEAKER pro tempore. Under Baird Cooper Frost would close, and we were all urged to the rule, the previous question is or- Baldwin Costello Gonzalez be on time so that the work of the dered. Ballance Cramer Gordon House could be done efficiently and ef- The question is on the amendment. Becerra Crowley Green (TX) Bell Davis (AL) Grijalva fectively. The question was taken; and the Berkley Davis (CA) Gutierrez Mr. Speaker, my inquiry is, is that Speaker pro tempore announced that Berman Davis (FL) Harman regular order still in place? Is that still the ayes appeared to have it. Berry Davis (IL) Hastings (FL) Biggert Davis (TN) Hill the policy of the leadership of this RECORDED VOTE Bishop (GA) DeFazio Hinchey House? Ms. NORTON. Mr. Speaker, I demand Bishop (NY) DeGette Hinojosa The SPEAKER pro tempore. The a recorded vote. Blumenauer Delahunt Hoeffel Chair would respond to the gentleman Boehlert DeLauro Holden A recorded vote was ordered. Boswell Deutsch Holt from Maryland that clause 2 of rule XX The vote was taken by electronic de- Boucher Dicks Honda states that the minimum time for a re- vice, and there were—ayes 209, noes 208, Boyd Dingell Hooley (OR) corded vote or quorum call by elec- Brady (PA) Doggett Hoyer not voting 17, as follows: Brown (OH) Dooley (CA) Inslee tronic device shall be 15 minutes. [Roll No. 490] Brown, Corrine Doyle Israel Mr. HOYER. Mr. Speaker, further Burr Edwards Jackson (IL) AYES—209 parliamentary inquiry. Capps Emanuel Jackson-Lee The SPEAKER pro tempore. The gen- Aderholt Baker Bartlett (MD) Capuano Engel (TX) Akin Ballenger Barton (TX) Cardin English Jefferson tleman will state his further par- Bachus Barrett (SC) Bass Cardoza Eshoo John liamentary inquiry.

VerDate jul 14 2003 04:49 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.109 H09PT1 H8062 CONGRESSIONAL RECORD — HOUSE September 9, 2003 Mr. HOYER. Mr. Speaker, was that [Roll No. 491] Green (TX) Maloney Ross the rule that the distinguished Robert Grijalva Markey Rothman YEAS—210 Gutierrez Marshall Roybal-Allard Walker of Pennsylvania raised such Aderholt Gilchrest Otter Hall Matheson Ruppersberger cane about and was so angry about and Akin Gillmor Oxley Harman Matsui Rush felt that Jim Wright was so out of Bachus Gingrey Pearce Hastings (FL) McCarthy (MO) Ryan (OH) Baker Goode Pence Hill McCarthy (NY) Sabo order about when he held the vote Hinchey McCollum Ballenger Goodlatte Peterson (PA) Sanchez, Linda open? Is that the rule, Mr. Speaker? Hinojosa McDermott Barrett (SC) Goss Petri T. Hoeffel McGovern The SPEAKER pro tempore. The gen- Bartlett (MD) Granger Pickering Sanchez, Loretta Holden McIntyre tleman did not state a further par- Barton (TX) Green (WI) Pitts Sanders Bass Greenwood Holt McNulty Sandlin liamentary inquiry. Pombo Honda Meehan Beauprez Gutknecht Porter Schakowsky Bereuter Harris Hooley (OR) Meek (FL) Schiff The Chair would further note, from Portman Hoyer Meeks (NY) House Practice, chapter 58, section 20, Bilirakis Hart Pryce (OH) Scott (GA) Bishop (UT) Hastings (WA) Inslee Menendez Scott (VA) Putnam Israel Michaud that the Chair has the discretion either Blackburn Hayes Sherman Quinn Jackson (IL) Millender- to close a vote and to announce the re- Blunt Hayworth Simmons Radanovich Jackson-Lee McDonald Boehner Hefley Skelton sult at any time after 15 minutes have Regula (TX) Miller (NC) Bonilla Hensarling Slaughter elapsed or may allow additional time Rehberg Jefferson Miller, George Bonner Herger Smith (WA) Renzi John Mollohan for Members to record their votes be- Bono Hobson Snyder Boozman Hostettler Reynolds Johnson (IL) Moore fore announcing the result. Rogers (AL) Johnson, E. B. Moran (VA) Solis Bradley (NH) Houghton Spratt Mr. HOYER. Mr. Speaker, further Brady (TX) Hulshof Rogers (KY) Jones (OH) Murtha Rogers (MI) Kanjorski Nadler Stark parliamentary inquiry. Brown (SC) Hunter Stenholm Brown-Waite, Hyde Rohrabacher Kaptur Napolitano The SPEAKER pro tempore. The gen- Strickland Ginny Isakson Ros-Lehtinen Kennedy (RI) Neal (MA) Stupak tleman from Maryland may state his Burgess Issa Royce Kildee Oberstar Tanner Burns Istook Ryan (WI) Kilpatrick Obey further parliamentary inquiry. Tauscher Burton (IN) Jenkins Ryun (KS) Kind Olver Taylor (MS) Mr. HOYER. Mr. Speaker, listening Buyer Johnson (CT) Saxton Kleczka Ortiz Thompson (CA) to the Chair’s recitation of the rule, Calvert Johnson, Sam Schrock Lampson Owens Thompson (MS) Camp Jones (NC) Sensenbrenner Langevin Pallone would that mean that the Chair now Tierney Cannon Kelly Sessions Lantos Pascrell has the authority to close this vote and Turner (TX) Cantor Kennedy (MN) Shadegg Larsen (WA) Pastor express the will of the House of Rep- Capito King (IA) Shaw Larson (CT) Paul Udall (NM) resentatives as reflected on the board? Carter King (NY) Shays Leach Payne Van Hollen Castle Kingston Sherwood Lee Pelosi Visclosky The SPEAKER pro tempore. The Waters Chabot Kirk Shimkus Levin Peterson (MN) Watson Chair would again state to the gen- Chocola Kline Shuster Lewis (GA) Platts Watt tleman that the Chair has the discre- Cole Knollenberg Smith (MI) LoBiondo Pomeroy Lofgren Waxman Collins Kolbe Smith (NJ) Price (NC) tion either to close a vote and an- Lowey Rahall Weiner Cox LaHood Smith (TX) nounce the result at any time after 15 Lucas (KY) Ramstad Wexler Crane Latham Souder Lynch Reyes Wu minutes have elapsed or to allow addi- Crenshaw LaTourette Stearns Majette Rodriguez Wynn tional time for Members to record their Cubin Lewis (CA) Sullivan votes before announcing the result. Culberson Lewis (KY) Sweeney NOT VOTING—18 Cunningham Linder Tancredo Coble Graves Serrano Mr. FRANK of Massachusetts. Mr. Davis, Jo Ann Lipinski Tauzin Davis, Tom Lucas (OK) Cummings Hoekstra Simpson Speaker, parliamentary inquiry. Taylor (NC) Emerson Janklow Towns Deal (GA) Manzullo Terry The SPEAKER pro tempore. For DeLay McCotter Ford Keller Udall (CO) Thomas DeMint McCrery Fossella Kucinich Velazquez what purpose does the gentleman from Thornberry Diaz-Balart, L. McHugh Gephardt Rangel Woolsey Massachusetts rise? Tiahrt Diaz-Balart, M. McInnis Tiberi ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Mr. FRANK of Massachusetts. The Doolittle McKeon Toomey question is not whether the Chair has Dreier Mica The SPEAKER pro tempore (Mr. Turner (OH) the discretion but whether or not he Dunn Miller (FL) THORNBERRY) (during the vote). Mem- Ehlers Miller (MI) Upton bers are advised 2 minutes remain in has the integrity and courage to do so. Vitter English Miller, Gary this vote. Mr. OBEY. Mr. Speaker, parliamen- Everett Moran (KS) Walden (OR) Walsh tary inquiry. Feeney Murphy b 2117 Ferguson Musgrave Wamp The SPEAKER pro tempore. The gen- Flake Myrick Weldon (FL) Ms. KILPATRICK changed her vote tleman from Wisconsin may state his Fletcher Nethercutt Weldon (PA) from ‘‘yea’’ to ‘‘nay.’’ Weller parliamentary inquiry. Foley Neugebauer Mr. MILLER of Florida changed his Forbes Ney Whitfield vote from ‘‘nay’’ to ‘‘yea.’’ Mr. OBEY. Mr. Speaker, could I in- Franks (AZ) Northup Wicker Frelinghuysen Norwood Wilson (NM) So the bill was passed. quire if anyone from the attending The result of the vote was announced physician is present? I understand Gallegly Nunes Wilson (SC) Garrett (NJ) Nussle Wolf as above recorded. someone’s arm is being broken. Gerlach Osborne Young (AK) A motion to reconsider was laid on Gibbons Ose Young (FL) the table. b 2101 NAYS—206 f So the amendment was agreed to. Abercrombie Brown (OH) DeGette ANNOUNCEMENT BY THE SPEAKER Ackerman Brown, Corrine Delahunt The result of the vote was announced Alexander Burr DeLauro PRO TEMPORE as above recorded. Allen Capps Deutsch The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore (Mr. Andrews Capuano Dicks ant to clause 8 of rule XX, the time to Baca Cardin Dingell THORNBERRY). The question is on the Baird Cardoza Doggett resume proceedings on the motion to engrossment and third reading of the Baldwin Carson (IN) Dooley (CA) instruct conferees offered by the gen- bill. Ballance Carson (OK) Doyle tleman from Maryland (Mr. Becerra Case Duncan RUPPERSBERGER) is redesignated as to- The bill was ordered to be engrossed Bell Clay Edwards and read a third time, and was read the Berkley Clyburn Emanuel morrow. third time. Berman Conyers Engel f Berry Cooper Eshoo The SPEAKER pro tempore. The Biggert Costello Etheridge REPORT ON RESOLUTION PRO- question is on the passage of the bill. Bishop (GA) Cramer Evans VIDING FOR CONSIDERATION OF Bishop (NY) Crowley Farr Under clause 10 of rule XX, the yeas Blumenauer Davis (AL) Fattah H.R. 2622, FAIR AND ACCURATE and nays are ordered. Boehlert Davis (CA) Filner CREDIT TRANSACTIONS ACT OF The vote was taken by electronic de- Boswell Davis (FL) Frank (MA) 2003 Boucher Davis (IL) Frost vice, and there were—yeas 210, nays Boyd Davis (TN) Gonzalez Mr. SESSIONS, from the Committee on 206, not voting 18, as follows: Brady (PA) DeFazio Gordon Rules, submitted a privileged report

VerDate jul 14 2003 05:51 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.113 H09PT1 September 9, 2003 CONGRESSIONAL RECORD — HOUSE H8063 (Rept. No. 108–267) on the resolution (H. sion of the Senate amendment (not included would not have even considered for an Res. 360) providing for consideration of in the House amendment) that provides im- interview 5 years ago. the bill (H.R. 2622) to amend the Fair mediate payments to taxpayers receiving an While some States may have had the Credit Reporting Act, to prevent iden- additional credit by reason of the bill in the foresight and found a solution to the same manner as other taxpayers were enti- tity theft, improve resolution of con- tled to immediate payments under the Jobs crisis, this remains a national problem sumer disputes, improve the accuracy and Growth Tax Relief Reconciliation Act of requiring a national solution. The of consumer records, make improve- 2003. House has acted. The other body has ments in the use of, and consumer ac- 2. The House conferees shall be instructed not. Mr. Speaker, how can they do cess to, credit information, and for to include in the conference report the provi- that. sion of the Senate amendment (not included other purposes, which was referred to f the House Calendar and ordered to be in the House amendment) that provides fam- SPECIAL ORDERS printed. ilies of military personnel serving in Iraq, Afghanistan, and other combat zones a child The SPEAKER pro tempore. Under f credit based on the earnings of the individ- uals serving in the combat zone. the Speaker’s announced policy of Jan- ANNOUNCEMENT OF INTENTION TO 3. The House conferees shall be instructed uary 7, 2003, and under a previous order OFFER MOTION TO INSTRUCT ON to include in the conference report all of the of the House, the following Members H.R. 1588, NATIONAL DEFENSE other provisions of the Senate amendment will be recognized for 5 minutes each. AUTHORIZATION ACT FOR FIS- and shall not report back a conference report f CAL YEAR 2004 that includes additional tax benefits not off- set by other provisions. AMERICAN CRITICISM Mr. EDWARDS. Mr. Speaker, subject 4. To the maximum extent possible within The SPEAKER pro tempore. Under a to rule XX, clause 7(c), I hereby an- the scope of conference, the House conferees previous order of the House, the gen- nounce my intention to offer a motion shall be instructed to include in the con- tleman from Indiana (Mr. BURTON) is to instruct conferees on H.R. 1588, the ference report other tax benefits for military personnel and the families of the astronauts recognized for 5 minutes. National Defense Authorization Act for Mr. BURTON of Indiana. Mr. Speak- Fiscal Year 2004. The form of the mo- who died in the Columbia disaster. 5. The House conferees shall, as soon as er, I hope all of my colleagues are pay- tion is as follows: practicable after the adoption of this mo- ing attention to this 5-minute Special Mr. EDWARDS moves that the managers on tion, meet in open session with the Senate Order because there are a couple of the part of the House at the conference on conferees and the House conferees shall file a things that should be brought to Mem- the disagreeing votes of the two Houses on conference report consistent with the bers’ attention in this body and the the Senate amendment to the bill H.R. 1588 preceeding provisions of this instruction, not be instructed to agree to the provisions con- later than the second legislative day after other body. The first one is the Saudi tained in sections 606 and 619 of the Senate adoption of this motion. Arabian government has been and con- amendment (relating to the rates of pay for tinues to be, in my opinion, f the family separation allowance and immi- complicitous in terrorist activities in- nent danger pay). LIMITING NONECONOMIC MEDICAL volving Americans abroad and here at LIABILITY DAMAGES f home. The Saudi Royal Family, ac- (Mr. BURGESS asked and was given cording to reports I have been made ANNOUNCEMENT OF INTENTION TO permission to address the House for 1 aware of, have been conduits or had OFFER MOTION TO INSTRUCT ON minute and to revise and extend his re- conduits give money to terrorists and H.R. 1, MEDICARE PRESCRIPTION marks.) funded terrorist activities. And I think DRUG AND MODERNIZATION ACT Mr. BURGESS. Mr. Speaker, this everybody in America knows that 15 of OF 2003 Saturday voters in my district will go the 17 terrorists that attacked the Mr. MICHAUD. Mr. Speaker, subject to the polls and vote on an amendment World Trade Center were Saudis. to rule XX, clause 7(c), I hereby an- to the Texas State Constitution to It seems to me incumbent upon our nounce my intention to offer a motion limit noneconomic damages in medical government to put pressure on the to instruct on H.R. 1, Medicare Pre- liability lawsuits. Saudi government to be a friend of the scription Drug and Modernization Act Here in the House of Representatives, United States instead of an enemy. We of 2003. The form of the motion is as we passed H.R. 5 in the hopes of accom- should do everything we can to stop follows: plishing the same goal last March, but the Saudis from funding terrorist ac- Mr. MICHAUD moves: the other body so far has failed to act. tivities on the West Bank and Gaza in 1. To reject the provisions of subtitle C of Texas voters will most likely approve Israel. Toward that end, I hope that title II of the House bill. this Constitutional amendment. I will our Secretary of State, Colin Powell, 2. The House recede to the Senate on the be among the group voting in favor of might be paying attention to what I provisions to guarantee access to prescrip- this amendment. am saying tonight because it is impor- tion drug coverage under section 1860D–13(e) So is a national solution still nec- tant that our State Department deal of the Social Security Act, as added by sec- tion 101(a) of the Senate amendment. essary? The answer is a very firm yes. with that on an every day, ongoing Mr. Speaker, this summer I was in basis, to keep pressure on the Saudis to f Nome, Alaska, and I talked to the doc- bring about positive change. ANNOUNCEMENT OF INTENTION TO tors of the hospital there. They are un- I know that we get an awful lot of OFFER MOTION TO INSTRUCT ON able to have an anesthesiologist on our energy supplies from that part of H.R. 1308, TAX RELIEF, SIM- their medical staff because they cannot the world, and Saudi Arabia supplies a PLIFICATION, AND EQUITY ACT afford the liability insurance policy for lot of that, but that does not give them OF 2003 an anesthesiologist. This means that the right to support terrorism that the doctors in that hospital who prac- threatens our friends in Israel or the Mr. DAVIS of Tennessee. Mr. Speak- tice obstetrics must send their patients people of the United States. er, subject to rule XX, clause 7(c), I to Anchorage, Alaska, for C-sections. The second thing I would like to say hereby announce my intention to offer Mr. Speaker, that is a 90-minute plane is that there was a story, an editorial a motion to instruct conferees on H.R. ride, and I am given to understand the comment printed in Al Akhram, the of- 1308, Tax Relief, Simplification, and weather in Nome, Alaska, is occasion- ficial Egyptian daily newspaper this Equity Act. The form of the motion is ally disagreeable. last week, and I would like to read as follows: At Columbia University, the head of what was said by the Egyptians toward Mr. DAVIS of Tennessee moves that the the residency program told me she had the United States about the United managers on the part of the House in the far fewer candidates for OB–GYN States, and this is the official organ of conference on the disagreeing votes of the residencies than in years past, largely the Egyptian government, their news- two Houses on the House amendment to the Senate amendment to H.R. 1308 be instructed because of the liability crisis through- paper. This piece attacks the Ameri- as follows: out the country. In fact, the head of cans over Iraq calling Americans can- 1. The House conferees shall be instructed that program went on to say they are nibals. This is the government of Egypt to include in the conference report the provi- now making candidates that they speaking, prehistoric animals who feel

VerDate jul 14 2003 04:49 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.117 H09PT1 H8064 CONGRESSIONAL RECORD — HOUSE September 9, 2003 they have the right to dismember and tleman from Oregon (Mr. DEFAZIO) is Now, I do not object to borrowing eat their enemies and to make sure recognized for 5 minutes. money to invest in America and to put they are dead. The Egyptian newspaper Mr. DEFAZIO. Mr. Speaker, the people into work in America, but I says Americans are wallowing in blood President announced to the American have a real problem with borrowing and death and disembowelment, and for people yesterday that he intends in $20.3 billion to invest in the infrastruc- the crimes of the U.S. troops, the paper their name to borrow $87 billion on top ture in Iraq while ours is crumbling says, this is the Egyptian newspaper, of the $79 billion he borrowed earlier here at home. an organ of the government, the proper this year to rebuild Iraq, Afghanistan, The President has proposed a zero response is to kill American troops. and continue the struggle in that area. fund, no funding of the dredging of Now, I would hope that the Congress ports in my district and elsewhere 2130 b this time will choose to scrutinize this around the country, yet he is proposing What does the Egyptian government request. The last time the President to dredge ports in Iraq. do? Right now it is encouraging the just breezed through here and the Con- The President has not proposed a America-hating because it takes the gress said, $79 billion, no problem. So I penny for the Federal Government to heat off of the government itself. This would hope every penny will be re- partner in waste water systems, yet it is how American-hating works around viewed. is estimated we have a $16 billion an- the world. Call us cannibals, and what I would hope that this Congress nual deficit under Federal mandates in we will do is, we will support you. would choose to pay for this instead of water systems that were being put in We give Egypt $2 billion a year to borrowing $87 billion, indebting our our communities from the party that help their economy; $2 billion a year. children and grandchildren, by freezing said they were not going to send un- And we have been doing it for a long, tax cuts for the wealthiest people in funded mandates. long time, ever since the Camp David the country. We could pay for it if we Mr. Speaker, where is the money to accords were signed when Jimmy just stop cutting taxes. help the communities meet those Fed- But I really want to focus on a part Carter was the President. eral requirements? If we are going to be giving money to of that which the President proposed, On Interstate 5 just in the State of $20.3 billion on top of $21⁄2 billion he re- the Egyptians, then we ought to de- Oregon, I know this goes on around the quested earlier, to rebuild the infra- mand that they show respect for our entire United States, we have a $4.5 bil- structure of Iraq, to build schools, elec- troops and our involvement in the war lion bridge replacement problem. That tric grid, water and sewage, oil infra- in Iraq. Our troops went over there to would put a lot of people to work. But structure, transportation, communica- liberate that country, to save those the President is telling the Congress tions, housing, public buildings, roads people from a tyrant, to stop terrorism that there just is not money to put and bridges, and money for the police, in that part of the world and around into the roads and bridges and high- fire, the first responders. the world. And for that our Egyptian Now, we are going to borrow $20.3 bil- ways here in the United States, and he friends, whom we give $2 billion to a lion in the name of the American peo- is trying to reduce the spending. We year, are calling us cannibals and say- ple, and we are going to send it to Iraq are at a stalemate over a new transpor- ing that American troops should be to rebuild their country. Now, it has tation bill because the President says killed and slaughtered. not been long since we heard from the there is no money to pay for it. But This is something that we should not Bush administration that this would be somehow we can borrow $20.3 billion to tolerate. And so I would say to our free, the architecture of the war in do those same projects in Iraq. When is State Department and our fine Sec- Iraq. the President going to propose to ei- retary of State, take a message to the Secretary Paul Wolfowitz told a ther fund or borrow the money to fund Egyptian government, tell them to cut House subcommittee in March that similar projects here in the United this out. If they want support from the Iraq would generate $50 to $100 billion States of America? With the American United States, let them treat us with of oil revenue over the next 2 to 3 Parity Act, if it were adopted as part of respect and treat our troops with re- years. We are dealing with a country his proposal, we would fund, dollar for spect who are laying their lives on the that can really finance its own recon- dollar, comparable projects in the line for the people of Iraq and the peo- struction and relatively soon. Mr. United States, putting tens of thou- ple of this world on a daily basis. WOLFowitz is somehow still in good sands, hundreds of thousands of Ameri- Secondly, I hope our State Depart- standing with this administration de- cans to work and provide some fairness ment will continue to talk to the Saudi spite the fact that he was wrong by and equity and at least some return to Arabian government and tell them to about $100 or $200 billion here. And the the American taxpayers for their bor- get with the program and stop sup- American people are going to be asked rowing. porting terrorism around the world. to pay for it. But I fear that this administration f Now, it is time for a little fairness and the leadership of this House is not The SPEAKER pro tempore (Mr. and equity here. I have introduced with that interested in funding infrastruc- the gentleman from Illinois (Mr. EMAN- ture work here in this country, but KING of Iowa). Under a previous order of the House, the gentleman from New UEL) a bill, the American Parity Act, they are perfectly willing to borrow which says that if the President is the money in the name of the Amer- Jersey (Mr. MENENDEZ) is recognized going to request $20.3 billion to provide for 5 minutes. ican people to rebuild it in Iraq. It is a jobs and rebuild the infrastructure of (Mr. MENENDEZ addressed the sad day for the United States Congress. Iraq, schools bridges, roads, highways, House. His remarks will appear here- f water systems and dredge the ports, all after in the Extensions of Remarks.) things which he is not funding here in SOCIAL SECURITY f the United States, then we should have The SPEAKER pro tempore (Mr. EXCHANGE OF SPECIAL ORDER dollar for dollar matching for that KING of Iowa). Under a previous order under the American Parity Act and put of the House, the gentleman from Mr. DEFAZIO. Mr. Speaker, I ask people to work here in the United Michigan (Mr. SMITH) is recognized for unanimous consent to replace Mr. States, invest in our infrastructure, 5 minutes. MENENDEZ on his time. roads and bridges. Mr. SMITH of Michigan. Mr. Speak- The SPEAKER pro tempore. Is there Now, I had someone say to me, well, er, I rise to address another serious se- objection to the request of the gen- wait a minute, you are proposing to curity problem. It is retirement secu- tleman from Oregon? make the bill bigger here to borrow. rity. Let me read a quote from 1994: There was no objection. Yeah, that is right. We would borrow ‘‘Failing to take prompt action on f $20.3 billion to invest in our Nation in Social Security will burden our chil- long-term projects, putting people to dren and our grandchildren with ben- AMERICAN PARITY ACT work today but also investing in roads, efit cuts and crippling taxes.’’ The SPEAKER pro tempore. Under a bridges, highways, water systems, That was part of my opening state- previous order of the House, the gen- things that will last us for decades. ment as chairman of the Task Force on

VerDate jul 14 2003 04:49 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.120 H09PT1 September 9, 2003 CONGRESSIONAL RECORD — HOUSE H8065 Social Security in 1994. When I wrote ow’s/widower’s benefit to 110 percent of call on them, they risk their lives for this almost 10 years ago, I was simply the higher earning spouse’s benefit and all of us. Our firefighters, law enforce- acknowledging what was evident to the would give retirement credits to ment officers and EMS workers are actuaries of Social Security. Because spouses who stay at home to care for truly our hometown heroes. However, we know how many people are paying young children. all too often these heroes must give into Social Security, and we can esti- In conclusion, there are some impor- their lives in the line of duty. mate the cost of future benefits from tant costs to the bill which eliminates For the family of these brave souls, what has been paid in, the looming in- $10 billion in unfunded liabilities. It Congress created the Public Safety Of- solvency of the program was very clear calls for a $900 billion loan over the ficers Benefit. Since its inception 25 then. It is even more clear today. Yet next 20 years from government to So- years ago, this important benefit has a crisis that is imminent in the eyes of cial Security in addition to repaying provided surviving families with finan- an actuary looks like a long way off to the trust funds that have been bor- cial assistance during their desperate many politicians, and as a result Con- rowed from Social Security and this times of need. However, a glitch in the gress has ignored and delayed action on will be repaid after the program be- law prevents some families from re- what is probably this country’s most comes solvent. It also slows down the ceiving the assistance. Heart attacks serious long-term financial challenge. increase in benefits for the highest and strokes are among the greatest In just 10 years, we will need $100 bil- earning retirees. It does not, however, threat to public safety officers, espe- lion from other sources to make up $100 change benefits for those who have al- cially firefighters. In fact, almost half billion, that is 5 percent of what will be ready retired or are close to retire- of all firefighter deaths in the line of coming in 10 years from now from the ment. duty are due to heart attacks and total income tax revenues, we are Action to preserve and strengthen strokes. Fighting fire is dangerous, ex- going to need that much in addition to Social Security is long overdue. By hausting and extremely stressful work. what is coming in on Social Security acting now, we can reduce the cost of Indeed, a firefighter’s chances of suf- and Medicare taxes to pay promised restoring Social Security for our chil- fering a heart attack or stroke greatly benefits. It has been frustrating at dren and our grandchildren. By in- increases when he or she puts on the times, but we have worked for more creasing the return earned on Social gear and rushes into a building to fight than a decade trying to focus attention Security surpluses, we can make the a fire. Likewise, law enforcement offi- on fixing Social Security. transition to a better system cheaper cers, correction officers and EMS I introduced my first Social Security and easier. The Retirement Security workers face daily situations that put bill back in 1994. In fact, I wrote it Act is my proposal along with my eight stress and strain on their heart. Imag- while I was still chairman of the Sen- cosponsors to move forward. ine the scenario where, while fighting a ate taxation committee in Michigan. f house fire, a company of firefighters Tomorrow, I will offer my sixth legisla- tragically loses two of its members. tion that has been scored by the actu- The SPEAKER pro tempore. Under a previous order of the House, the gen- One is killed by a piece of falling de- aries to keep Social Security solvent. bris. The other dies of a heart attack in tleman from Illinois (Mr. DAVIS) is rec- The good news is, I think awareness the same building. Under current law, has increased. There is a greater appre- ognized for 5 minutes. (Mr. DAVIS of Illinois addressed the the family of the firefighter who suf- ciation and an acknowledgment that fered the fatal blow to the head re- Social Security is going broke. Today, House. His remarks will appear here- after in the Extensions of Remarks.) ceives their benefit, but the family of most Members are aware of the prob- the heart attack victim receives noth- lem, even if there is still reluctance to f ing. tackle it. EXCHANGE OF SPECIAL ORDER President Bush’s support in the 2000 b 2145 campaign, I think, moved us a long Mr. ETHERIDGE. Mr. Speaker, I ask It is wrong that these families are de- ways toward a greater American under- permission to speak out of order and to nied this benefit when their loved ones standing of the seriousness of the prob- take the time of the gentleman from are suffering the loss of a loved one in lem, and tomorrow I will introduce my Illinois. our communities. bipartisan Retirement Security Act The SPEAKER pro tempore. Is there A constituent of mine, Mike Wil- that has been scored by the Social Se- objection to the request of the gen- liams, of Bunnlevel, North Carolina, curity actuaries to keep Social Secu- tleman from North Carolina? who works for the Office of State Fire rity solvent and restore its tremendous There was no objection. Marshal, alerted me to this glitch in support for retirees in the United f the law after Ms. Deborah Brooks, the States. Workers could voluntarily de- widow of Thomas Brooks of Lum- vote 2.5 percent of their income for a PAYING TRIBUTE TO FALLEN berton, North Carolina, was denied start from their payroll taxes. It would FIREFIGHTERS, LAW ENFORCE- benefits because of this technicality in be voluntary. And workers would own MENT OFFICERS AND EMER- the law. Mr. Brooks, a master fire- the money in the accounts, which can GENCY MEDICAL SERVICE WORK- fighter with the Lumberton Fire De- be put in well-diversified investments. ERS partment, tragically died of a heart at- In our bill, we guarantee that the indi- The SPEAKER pro tempore. Under a tack after returning from several calls viduals that opt for these personally- previous order of the House, the gen- on an evening shift. They found him owned accounts will earn as much as tleman from North Carolina (Mr. dead the next morning. those that opt not to go into that par- ETHERIDGE) is recognized for 5 minutes. As part of his duties with the state ticular investment. The government Mr. ETHERIDGE. Mr. Speaker, as fire marshal, Mike helps families file would supplement the accounts of low- the second anniversary of September 11 for public safety officer benefits, and income workers to help build up those approaches, I rise this evening to pay he has received many benefit rejection accounts for future retirement savings. tribute to our Nation’s fallen fire- letters from the U.S. Department of People would continue to receive gov- fighters, law enforcement officers and Justice. This rejection letter in Thom- ernment benefits, as in the current sys- emergency medical service personnel. as Brooks’ case was one too many. tem, as part of their retirement in- Mr. Speaker, every day public service Mike wrote to me and asked that we come, but those participating in the officers protect our families and pos- investigate the situation. We tried private account would have their gov- sessions from fire, they keep our with other Members of this Congress to ernment benefits reduced to reflect the streets safe and are the first to respond correct that technicality in the law ad- money that goes into their private ac- to an emergency. Across this Nation, ministratively. We found out it could counts. But, again, it would be insured. our public safety officers are dedicated not be done. To ensure fairness for women, a mar- and prepared. They truly embody the During the last Congress, I, along ried couple’s account contributions values and spirit that make America with my colleagues, introduced the would be divided equally between the great Nation that it is. These men Hometown Heroes Benefit Act to cor- spouses. My bill also increases the wid- and women are dedicated, and when we rect this technicality in the Public

VerDate jul 14 2003 05:51 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.124 H09PT1 H8066 CONGRESSIONAL RECORD — HOUSE September 9, 2003 Safety Officer Benefit. This bipartisan supporter of trade liberalization, one of The SPEAKER pro tempore. Under a piece of legislation will allow the fami- the farm-state Members from the Great previous order of the House, the gen- lies of public safety officers who were Plains and Midwest Caucus that to- tleman from Ohio (Mr. BROWN) is rec- killed by a heart attack or stroke gether has been a strong and crucial ognized for 5 minutes. while on duty within 24 hours after par- force for trade liberalization over the (Mr. BROWN of Ohio addressed the ticipating in a training exercise or re- years. House. His remarks will appear here- sponding to an emergency situation to Mr. Speaker, here is the message after in the Extensions of Remarks.) receive the benefits that they are due. with which we should arm Ambassador f Last year, the Committee on the Ju- Zoellick on the subject of agricultural A TRIBUTE IN HONOR OF DR. diciary and the full House unanimously trade: JEWEL LIMAR PRESTAGE: passed it. Unfortunately, we were not First, we must harmonize, we must TEACHER, MENTOR, SCHOLAR, able to move the bill through the have harmonization. That is to say, de- AND PUBLIC SERVANT United States Senate before adjourn- veloping countries must agree to sharp ing, despite the strong support from reductions in their tariffs on agri- The SPEAKER pro tempore. Under a several Senators of both parties. culture imports, and developed coun- previous order of the House, the gen- Earlier this year, the gentleman from tries like the European Union coun- tleman from Louisiana (Mr. JEFFER- Maryland (Mr. HOYER), the gentleman tries and Japan must cut their higher SON) is recognized for 5 minutes. from Pennsylvania (Mr. WELDON), the production subsidies proportionally Mr. JEFFERSON. Mr. Speaker, I rise gentleman from Ohio (Mr. OXLEY), and more than the U.S. Large agricultural today to pay tribute to an outstanding I introduced the Hometown Heroes exporters classified as developing coun- American, Dr. Jewel Limar Prestage. Survival Benefit Act. The United tries, like Brazil, also must steeply cut Dr. Jewel Prestage is one of the first States Senate has already unanimously their agricultural subsidy. African American women to earn a Ph.D. She earned it in political science passed a Senate bill, S. 459, a com- Second, we must have an end to the in the United States, and through her panion bill introduced by Senators large agricultural export subsidies of work and contributions since, has be- LEAHY and GRAHAM. the European Union; and America can come one of the most important Mr. Speaker, H.R. 929 is the kind of end its small export subsidies, which women of our times. bipartisan legislation that we should are used occasionally as a shot across Through teaching, mentoring, re- be working on in this House. As of this the bow of the EU. search and service, Jewel Prestage has afternoon, we have 273 cosponsors. I Third, we must insist that the Euro- will remind my colleagues it takes 218 had a profound influence in the polit- pean Union dramatically restructure ical science discipline, in the political in this House to pass a bill. Both its agriculture support programs by a Democrats and Republicans are on life of our country and on the lives of greater delinking of subsidy programs the thousands of students with whom board. More cosponsors are on the way. from production at the same time as I urge all of my colleagues to con- she has associated over the years. Her the U.S. proportionally makes the talent, dedication, and good works tinue to sponsor H.R. 919, and I ask the same adjustment in our smaller level House leadership to put this bill to a must not go unacknowledged or of subsidy. unappreciated. vote. It will pass unanimously. During Mr. Speaker, the large subsidy and this time of increasing awareness and As a distinguished professor of polit- tariff barriers of the European Union ical science, Jewel Prestage has lec- concern regarding the threat of ter- and Japan, but also the United States, rorism, we are calling on our public tured at numerous institutions of high- do more damage to the economies and er education. Her service at two His- safety officers to work longer and hard- domestic food production efforts of the er than ever before. Our hometown he- torically Black Universities in the world’s developing countries than the South, however, anchored her career. roes deserve to know that we support combination of all the foreign aid pro- and appreciate their extraordinary For 18 years, Dr. Prestage served as grams of the developed countries and the Chair of the Political Science De- bravery and heroism. their NGOs. In the meantime, the As we take time to remember those partment at Southern University. Dur- American taxpayers and the taxpayers ing her tenure, this academic depart- who were killed or injured in the at- and food consumers of European Union tacks on September 11 this week, I ment became the nation’s leading cata- countries pay a huge cost for the direct lyst for the development of African urge my colleagues to support H.R. 919 and hidden agricultural subsidies pri- and let public safety officers know we American Ph.D.s in political science. marily caused by the EU’s common ag- After 33 years of dedicated service, in will continue to stand with them and ricultural policy. with their families. We can do no less. 1989 Jewel Prestage retired from the Mr. Speaker, either we have that Southern University system as the f kind of dramatic change in foreign dean of its Public Policy School and of The SPEAKER pro tempore (Mr. farm subsidy and tariff programs its Urban Affairs School. However, her KING of Iowa). Under a previous order matched proportionally by our own, or retirement was short-lived, as Jewel of the House, the gentleman from Indi- Ambassador Zoellick should walk away Prestage joined the political science ana (Mr. SOUDER) is recognized for 5 from Cancun until the Europeans get faculty at Prairie View A&M Univer- minutes. the message. Let them squirm with the sity, where she eventually became dean (Mr. SOUDER addressed the House. cost of their cap under an enlarged EU. of the Benjamin Banneker Honors Col- His remarks will appear hereafter in American farmers and our small agri- lege. At Prairie View, she continued the Extensions of Remarks.) business firms will accept reform, but her impressive record of guiding stu- f they are disgusted with the intran- dents toward postgraduate education. sigence of the EU and the big and un- In September 2002, she retired after a CHANGING FARM SUBSIDY AND fair disadvantage they face from the stellar academic career that spanned 46 TARIFF PROGRAMS EU over export markets. years. The SPEAKER pro tempore. Under a Ambassador Zoellick should know we Jewel Prestage has been a pioneer in previous order of the House, the gen- demand a real substantial change from academic research in the area of race, tleman from Nebraska (Mr. BEREUTER) the EU, Japan, and other countries. We gender, and politics. She was the first is recognized for 5 minutes. need to walk away from any inad- person to pursue research that focused Mr. BEREUTER. Mr. Speaker, our equate or lopsided trade deal that is on African American women legislators good friend and very able U.S. Trade detrimental to the natural competi- and the first to offer the theory of mar- Representative, Ambassador Robert tiveness of our farm sector; or, alter- ginality to describe the political be- Zoellick, about to represent America natively, the reliable pro-trade farm havior of African American women. at the WTO trade summit in Cancun state block of Members will walk away Her book, ‘‘A Portrait of Margin- this week, should be given a message from any further multilateral trade ality,’’ coauthored with Dr. Marianne and a mission. The message comes agreements Ambassador Zoellick Githens, has become the seminal work from this Member of Congress, a strong might bring us. on minority women and politics and is

VerDate jul 14 2003 04:49 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.127 H09PT1 September 9, 2003 CONGRESSIONAL RECORD — HOUSE H8067 referenced by many who are concerned country meet its need for more African would estimate 25 to 30 percent of the about issues of race and gender. She Americans with professional and grad- domiciles have satellite dishes, and also pioneered early research focusing uate degrees. just 4 months ago those were illegal on the political socialization of African Jewel Prestage cares deeply about under Saddam’s rule. American children and youth. the diversity issues in America and be- Mr. Speaker, our troops on the As a leader in the discipline of polit- lieves that one way our future can be ground have done an exemplary job, ical science, Jewel Prestage has served secured is by producing more com- and currently there are approximately as an officer and on the executive coun- mitted individuals who can give back 5,000 projects that have been completed cil of many of the Nation’s highly es- to the community while serving as an by the United States military. teemed political science organizations. inspiration to young people. Her capstone accomplishment was her Her activities in the public sphere b 2200 role in the founding of the professional have been encouraged and supported by organization, the National Conference her loving husband, Dr. James Mr. Speaker, the police force, the of Black Political Scientists. Prestage, and their five children: Terri Iraqi police force is truly a success In recognition of her service and of Prestage-White, James Grady story. This movement has been led by her achievements, these organizations Prestage, Eric Warren Prestage, Karen Bernard Kerik who, just 2 short years have honored her with their highest Prestage-Washington, and Jay Wilkins ago on 9–11 in New York, was the police awards, including the National Con- Prestage. commissioner and amazed the city ference of Black Political Scientists’ Her efforts merit our great apprecia- with his outstanding leadership during Fannie Lou Hamer Award, the Amer- tion and our respect. I commend Dr. that time of crisis and no surprise, he ican Political Science Association’s Jewel Prestage for her dedication and has been able to provide that same Frank Goodnow Award, and the South- personal sacrifice that has generated so leadership in Iraq. His mission there ern Political Science Association’s many positive experiences and wonder- was to teach the Iraqis how to learn to Manning Dauer Award. ful memories for so many thousands. do police work in a free and democratic The Policy Studies Organization and She is an outstanding model for our society. Previously, all of their police the Southwestern Political Science As- Nation and an excellent example of one work had been based on brutality and sociation have also elected to honor person who has truly made a difference corruption. Mr. Kerik has turned out Dr. Prestage by creating awards in her in our lives, in our community, and in over 37,000 Iraqi policemen back in uni- name to recognize her outstanding aca- our Nation. form. He expects to be able to get 65,000 demic achievement in the areas of within the next 6 months. f race, gender, and politics. Mr. Kerik has gone from zero to 35 Jewel Prestage has made many con- The SPEAKER pro tempore. Under a precinct stations in Baghdad in a mere tributions in the field of community previous order of the House, the gen- 14 weeks’ time. He told us that given service and has been an outstanding tleman from Texas (Mr. PAUL) is recog- the present state of the bureaucracy, it community servant. In the late 1960s nized for 5 minutes. would take him several years to ac- and 1970s, she worked to prepare many (Mr. PAUL addressed the House. His complish that. He has made dramatic Southern politicians for the new public remarks will appear hereafter in the improvements in information tech- service opportunities that became Extensions of Remarks.) nology, in communications but, most available in the wake of the Voting f importantly, his training program Rights Act of 1965. A Democratic Party stressed police work, police procedure, CONDITIONS IN IRAQ faithful, she has also served as a dele- human rights, criminal investigations gate and as an appointed member of The SPEAKER pro tempore. Under a and, again, not the previous framework the Judiciary Council of the Demo- previous order of the House, the gen- of brutality and corruption. cratic National Committee. tleman from Texas (Mr. BURGESS) is Mr. Speaker, the sad fact of the mat- While her distinguished career in recognized for 5 minutes. ter is that the governance in Iraq, 30 higher education and public service has Mr. BURGESS. Mr. Speaker, I want- years of Saddam destroyed all sense of resulted in many achievements, Dr. ed to come tonight and tell you about community. There is not much of civil Jewel Prestage’s greatest legacy may a trip that I took at the end of August society left. But town councils and city be in the inspiration she has provided to the country of Iraq. I spent several councils now exist in 90 percent of the to the thousands of students she has days over in Baghdad, Tikrit, Mosul, towns and villages in Iraq. The new taught and mentored. Her former stu- and Babylon. governing council that the coalition dents have obtained many accomplish- When I got back to this country, Mr. provisional authority is standing up ments and can be found throughout Speaker, I turned on the evening news has been drawn from all regions of the academia, the business sector, and the at night and heard one of our national country. They are having a pre- government. anchors talking about the situation in paratory convention which will be fol- Former students have organized aca- Iraq, and I thought for a minute I must lowed by a constitutional convention, demic awards and scholarships in rec- have gotten on the wrong plane and which will be followed by elections. No ognition and to honor her lifetime ended up on the wrong planet, because one is absolutely sure of the time line, achievements. I am proud to say that I did not recognize the country he was but 12 to 24 months was the impression Dr. Prestage was my teacher and my describing, the country that I just left. that we were given. dean and she has had a lasting influ- So, Mr. Speaker, I thought it was im- Mr. Speaker, probably the most sear- ence on my pursuit of public service. I portant to come address the House to- ing aspect of my trip to Iraq to me as will be forever grateful to her for what night and to let the House know what a doctor was my visit to the hospital. she did for me personally and for so in fact is going on in Iraq and to let We also were privileged to go in several many others like me. people in on the good news that is hap- of Saddam’s palaces and we were When the life of a person exemplifies pening in that country since we liber- struck by the opulence. I will tell you such a strong commitment, others ated it. the architecture was awful, but the often wonder about the source of their In general, Mr. Speaker, when you opulence was striking. But contrast inspiration. Throughout the years, it get over there and look around, you are that, Mr. Speaker, to the large teach- has become clear to many that Jewel struck by the fact that life is going on ing hospital in downtown Baghdad, a Prestage has a deep and abiding com- as normal. The markets are active. 1,000-bed hospital where they do not mitment to the advancement of her There are cars in the street. In fact, we even have linoleum on the floor. There community. Through her activities at saw a couple of traffic jams, which cer- are no medical gasses in their neonatal Southern University and Prairie View tainly indicate a return to civil soci- intensive care unit. They could not A&M University, she encouraged stu- ety. give oxygen to a baby if they wanted. dents to be the best that they could be Mr. Speaker, there are satellite Mr. Speaker, the sad fact of the matter so she could help them help their com- dishes now on the rooftops of many of is that under Saddam, per capita med- munities and help them to help our the houses and apartment buildings. I ical expenditure in Iraq was 50 cents

VerDate jul 14 2003 04:49 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.131 H09PT1 H8068 CONGRESSIONAL RECORD — HOUSE September 9, 2003 per person. This has increased 9,000 per- The SPEAKER pro tempore. Under a tion. Recently I found that we are cent to almost $50 a person under the previous order of the House, the gen- building some barriers on the southern coalition provisional authority. tleman from Ohio (Mr. OXLEY) is recog- border, especially in and around the Just as striking, a member of the nized for 5 minutes. Douglas, Arizona area. Hopefully, these first marine expeditionary force told (Mr. OXLEY addressed the House. His barriers will be there to protect the na- me a story about having gone into a remarks will appear hereafter in the tional parks from being inundated as medical library, he is a registered Extensions of Remarks.) they have been for some time now by nurse, Lieutenant Colonel Keller was f hundreds of thousands of people cross- his name. He had gone into a medical The SPEAKER pro tempore. Under a ing that border, and coming into the library in Iraq and not one textbook previous order of the House, the gen- United States illegally. There was a terrorism conference not had a copyright date later than 1984. tleman from Nebraska (Mr. BEREUTER) too long ago in, I believe it was in El Clearly, this is a country that has suf- is recognized for 5 minutes. Paso, Texas, and several members of fered massively as far as its infrastruc- (Mr. BEREUTER addressed the the administration actually recog- ture is concerned. House. His remarks will appear here- nized, actually stated, that there were But, Mr. Speaker, I wanted to relate after in the Extensions of Remarks.) to my colleagues the good news. I problems with our immigration policy, wanted to relate to my colleagues what f especially as they reflected upon the General Ricardo Sanchez told us while The SPEAKER pro tempore. Under a security implications of this country we were there. He talked to us about 90 previous order of the House, the gentle- after 9–11. That in and of itself is a days of progress that has been made in woman from the District of Columbia very good sign, a very good sign. Some- the country of Iraq. He pointed out (Ms. NORTON) is recognized for 5 min- body is at least willing to talk about that schools have concluded their utes. the security of our borders. I think, in school year and have conducted test- (Ms. NORTON addressed the House. fact, the phrase used at the security ing. They are beginning a new school Her remarks will appear hereafter in conference down in Texas and the year this month. Mr. Speaker, 90 per- the Extensions of Remarks.) phrase used by a representative of the cent of the major cities and towns have f administration was that the borders functioning town councils, and over 50 The SPEAKER pro tempore. Under a are ‘‘our first lines of defense.’’ Now, of Iraqis are contributing to their own se- previous order of the House, the gentle- course, we have stated that on many, curity in their Army independent of woman from Florida (Ms. HARRIS) is many occasions. Those of us who are those who are already in the police recognized for 5 minutes. concerned about this issue have used force. Their prisons are on the verge of (Ms. HARRIS addressed the House. those same words now for several reopening. Their judicial system is Her remarks will appear hereafter in years. But it is indeed heartening that functioning. Food distribution is occur- the Extensions of Remarks.) we are hearing them being repeated ring. There was no humanitarian crisis f now by members of the administration. Recently I had an opportunity to in Iraq. Their hospitals are func- The SPEAKER pro tempore. Under a visit the southern border. I went down tioning, below standards, but far better previous order of the House, the gen- during our August recess, I went down than they were before; and, most im- tleman from Oregon (Mr. BLUMENAUER) 1 to Brownsville, Texas and spent some portantly, 4 ⁄4 million children were im- is recognized for 5 minutes. time down there looking at our border munized. General Sanchez pointed out, (Mr. BLUMENAUER addressed the operation, actually going out on patrol and this is very important, Mr. Speak- House. His remarks will appear here- with members of the Border Patrol. We er, all of these things have happened after in the Extensions of Remarks.) within 90 days in Iraq. None of these went down the Rio Grande River in the things had happened within a year f evening and watched as we imple- after our arrival in Kosovo. The SPEAKER pro tempore. Under a mented Operation Gatekeeper and previous order of the House, the gen- f other similar types of endeavors that tleman from Ohio (Mr. STRICKLAND) is The SPEAKER pro tempore (Mr. are designed to tighten up border secu- recognized for 5 minutes. KING of Iowa). Under a previous order rity on the southern border. And I (Mr. STRICKLAND addressed the of the House, the gentlewoman from must tell my colleagues, Mr. Speaker, I House. His remarks will appear here- New York (Mrs. MALONEY) is recog- was encouraged by what I saw. I saw a after in the Extensions of Remarks.) nized for 5 minutes. lot of dedicated people working very, (Mrs. MALONEY addressed the f very hard to make sure that the bor- ders of this country are maintained, House. Her remarks will appear here- IMMIGRATION POLICY after in the Extensions of Remarks.) defended, and enforced. I had the great The SPEAKER pro tempore. Under opportunity to speak to maybe 100 or f the Speaker’s announced policy of Jan- so Border Patrol agents who were The SPEAKER pro tempore. Under a uary 7, 2003, the gentleman from Colo- about ready to go out on muster, ride previous order of the House, the gen- rado (Mr. TANCREDO) is recognized for after muster, I should say, and wished tleman from Illinois (Mr. EMANUEL) is 60 minutes as the designee of the ma- them well and encouraged them in recognized for 5 minutes. jority leader. their efforts and, to a person, they en- (Mr. EMANUEL addressed the House. Mr. TANCREDO. Mr. Speaker, al- couraged me to continue the efforts His remarks will appear hereafter in though there are some signs that the here in the House of Representatives to the Extensions of Remarks.) Federal government is beginning to encourage my colleagues to pay atten- f show some attention to, and there are tion to this issue, to become involved The SPEAKER pro tempore. Under a some signs of progress actually in our regardless of how unpleasant we may previous order of the House, the gen- efforts to reform the immigration sys- find it to be when we get involved in tleman from Pennsylvania (Mr. SHU- tem and to, in fact, increase the degree this issue. STER) is recognized for 5 minutes. of security that we have on our borders There are a lot of people, of course, (Mr. SHUSTER addressed the House. after 9–11 and, I should say that these who shy away from it because of the His remarks will appear hereafter in are very small steps, but they are steps political ramifications that they fear. the Extensions of Remarks.) that have been taken, and we should But there are ramifications to the f recognize them. The fact is that we are country that are far more severe and The SPEAKER pro tempore. Under a in the process of improving the tech- far more serious than the political previous order of the House, the gen- nology that we can use to make sure ramifications to someone’s career here tleman from North Carolina (Mr. that the people coming into the coun- in this House. ETHERIDGE) is recognized for 5 minutes. try as visitors are who they say they So I was encouraged, and I have been (Mr. ETHERIDGE addressed the are. There is both software and hard- encouraged by a few things I have seen. House. His remarks will appear here- ware that have to be in place now, but Now, we are a long, long way from say- after in the Extensions of Remarks.) at least we are moving in that direc- ing that things are good and that the

VerDate jul 14 2003 04:49 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.134 H09PT1 September 9, 2003 CONGRESSIONAL RECORD — HOUSE H8069 momentum has shifted away from open Zero essentially for the terrorists, teeth into the law that is already on borders, away from a position that es- there was still a reluctance on the part the books and say that if you violate sentially is everybody who can get here of the city to repeal that particular the law that we already have on the can get in. I should say that we are a order. It got to the point where eventu- books, if a city does that, if it stops the long way from touchdown. There are a ally, the U.S. Supreme Court refused to flow of information to the INS or re- lot of things that need to happen at the overturn an appeals court ruling stricts the flow of information from Federal level. But what is now becom- against the city’s noncooperation pol- the INS to their local police officers, ing even more disconcerting, what is icy that Mayor Bloomberg reluctantly that they could not apply for Home- now becoming a focal point and should rescinded the policy. However, a bill land Security grants or grants from be a focal point for a lot of our atten- was submitted to the city council in the Department of Justice. We got tion here in this House, is the situation New York in July of 2003 which seeks about 120 votes for that for those two that is developing throughout the to resurrect the sanctuary policy by amendments. States and in some localities through- providing a provision banning city em- And there was a lot of hand-wringing out the country. ployees from reporting illegal aliens to and consternation expressed by Mem- There is a publication that has been local police and Federal authorities. bers of the body over the fact that we put out recently by the Federation for This comes at a time when we even were talking about this, and we should American Immigration Reform called know that several of the hijackers, sev- probably not be because it is like many the State of Insecurity, how State and eral of the terrorists, the 9–11 terrorists immigration issues, and who wants to local immigration policies are under- were, at one time, in fact, stopped for, talk about an immigration issue when mining homeland security, and I will it turned out to be, motor vehicle vio- we know that there is all this great be quoting from it liberally this lations, traffic violations, and because amount of emotion tied up in the dis- evening, because I think it needs to be there was no database against which cussion itself. So the amendment went brought to the attention of our col- they could be checked, because some of down. But it is amazing to me that we leagues and to the Nation. these people were actually on terrorist What we are seeing is that even do have, in fact, laws on the books watch lists; but because there was no though the Federal Government is which we choose in this body not to en- cooperation, we were unable to detain inching forward toward trying to re- force. these people, even though some of form the immigration process in this I am sure that many people went them actually, as I say, were on a ter- country, and toward trying to gain a home and said, well, I voted for the law rorist watch list, but nobody knew certain slight degree of security on our that says they cannot do that. I voted borders, we are watching States and lo- about it when they stopped them. The for the law that says you cannot stop calities go in just the opposite direc- police in the local area stopped them that kind of information, but they did tion. for running a red light or whatever it not want to do anything that would ac- And there are, of course, certain was for, but did not know that they tually make that law be able to be en- well-known and well-documented sto- were also on a terrorist watch list. forced. ries and situations that we have heard b 2215 Next we come to the issue of driver’s about recently that I will be talking When you recognize that this kind of licenses or as they are referred to, ‘‘the about in just a minute or two. But I problem exists, when there is no com- keys to the kingdom.’’ Two years after will reflect upon these things and what munication among law enforcement 19 people used State-issued driver’s li- is happening at the State level, and agencies, when you also understand censes to board four airplanes and turn first we should talk about these things that there are national security impli- them into weapons of mass destruc- called sanctuary policies. cations to these sanctuary laws, there tion, it is still possible in many States Sanctuary is a term that has been are implications certainly to laws for anyone to acquire these documents, now applied to cities throughout the which say that local police will not regardless of immigration status. Even country that have adopted certain reg- help enforce immigration policies, will though Virginia, New Jersey, and Flor- ulations and passed certain ordinances, not cooperate with the Federal Govern- ida have tightened up on it a little bit all of which were designed to essen- since 9–11, many other States still have tially protect the immigrant, the ille- ment. Here in Washington, D.C., another very lax laws regarding who can obtain gal immigrant population of their city ground zero, Police Chief Ramsey took a driver’s license from their State. or surrounding areas. This is hap- In the absence of a uniform Federal pening, and there were cities that have pains to reassure the Latino Lawyers Association that the police were not document, State-issued driver’s li- done this in the past, College Park, censes serve the function of providing Maryland and a couple of others on the backing away from a 1984 executive identity. In addition to granting per- eastern coast who call themselves order that prohibits D.C. government mission to operate a motor vehicle, the sanctuary cities and actually passed employees from getting involved in im- licenses are used for banking, for check legislation prohibiting their local po- migration matters. Washington, D.C. is cashing, for boarding airplanes, for lice and law enforcement agencies from another sanctuary city. We actually demonstrating proof of employment helping INS enforce the law. They have have passed laws, Federal laws. In 1996 eligibility, and many other purposes. gone farther than that. Some cities a provision was added to an appropria- They are also accepted by immigration have actually gone to the point of say- tions bill which specifically dealt with inspectors for letting U.S. travelers re- ing that if you are simply a resident of this and said that no city or State turn to this country after traveling to the city, you can vote in municipal would be allowed to impede the flow of elections. information to the INS or restrict the Canada, Mexico or a Caribbean destina- Now, being a resident of the city, flow of information from the INS. That tion that does not require a U.S. pass- that is all that is required in some of is a law on the books today. Of course, port for entry. Thus, it is crucial that these sanctuary cities. All you have to there is no enforcement mechanism States recognize the vital national se- do is show that you have a utility bill, and, as a result, cities ignore it. Cities curity role that these documents have for instance, proving your residence all over this country simply thumb come to play. Hence we call them, as I and you will be able to vote. That is their nose at the law because they say, ‘‘the keys to the kingdom.’’ part of the problem, certainly, these know that there is nothing that the If there was any question about this, cities that are doing things like this. Federal Government can, under the the 9–11 attacks should have put it to New York City had something like this present statutes, do about it. rest. All 19 of the 9–11 terrorists pos- on the books for some time. They You may recall, Mr. Speaker, that I sessed one or more of State driver’s li- passed it back in 1989. Actually, it was introduced an amendment to an appro- censes which they used to blend in, a mayoral decree and it was specifi- priations bill, to the appropriations bill rent apartments, open bank accounts, cally designed to obstruct Federal im- that we were passing for Homeland Se- and ultimately to board airplanes that migration law enforcement. curity and another one later for the they intended to crash. Yet, not only Now, it is amazing that even after 9– Department of Justice. Both of my are driver’s licenses still available to 11 and New York City being Ground amendments were designed to put some illegal aliens in some States, several

VerDate jul 14 2003 04:49 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.145 H09PT1 H8070 CONGRESSIONAL RECORD — HOUSE September 9, 2003 States are loosening restrictions on ob- This all, this whole issue of the driv- actually going around door-to-door and taining driver’s licenses, and even ex- ers’ licenses is coming on the heels of selling them in Los Angeles. The Mexi- plicitly spelling out that they will per- another sort of peculiar document that can Consulates are distributing them mit illegal aliens to receive them. is being accepted by a lot of States in through vans that they send out in the Of course, on Friday last, at 6 o’clock the Nation and local governments and streets of Chicago and other places. Pacific Standard Time, the Governor of some private corporations and private They are in no way, these cards are in the State of California signed a bill al- banking institutions. It is something no way valid forms of ID and should lowing illegal residents of California, called the matricula consular. It is a never be thought of as such, and the illegal aliens who reside in California, foreign government’s ID that they give Government of the United States and and there are three to four million to their nationals who reside outside of certain departments, the Department right now, allowing them to have driv- countries of their own. The matricula of Justice, the Department of Home- er’s licenses. He did so on Friday late consular is the card that the Mexican land Security, have said the same in the day, and the original notice of Government distributes to its nation- thing. They have said you cannot and the fact that he was going to do this, a als living in the United States and should not use these things. They have press advisory went out only to the other countries. Of course, they have told the Federal Government that we Spanish-speaking media. Apparently, the absolute right to do that. No one is should not do it. We are still wrestling he wanted to avoid having to confront suggesting that a country does not with the Department of State and the this from the standpoint of what the have the right to hand out whatever Department of the Treasury who are rest of the States would have to say kind of identification they want to not so sure about this thing. But the about it in the hopes that he would be their nationals. But what they have departments who have been charged able to encourage and obtain votes to done, beyond that, is to begin a process with the security of this Nation are essentially stop the recall in California of lobbying State and local govern- sure that these are not valid docu- and to support him in his effort to stay ments in the United States to get them ments and should not be used by any in office. to accept the card. And they have gone, government agencies, by any State or Now, these are things, these are ac- as I say, to the banking industry and local agency and certainly should not tions that are being taken by States other private entities to get them to do be used by banks for the purposes of that I believe should not go the same thing, and many banks have identifying people who are opening up uncontested. done it. Many banks have agreed to ac- Mr. Speaker, I am essentially a accounts. cept the matricula ID as a form of States’ rights person. I believe the In California, the bill that was just identification when somebody opens up States have great sovereignty. I have signed by the Governor says that one of a bank account. fought for it for all of my career in pol- the things that you can use to get your Now, we have an enormous amount of driver’s license in California, because itics. I believe the Federal Government problems with identity theft. We have often usurps a lot of States’ rights, and up to this point in time California re- an enormous amount of problems with I would not in any way support that quired that you have a Social Security people who use the banks to launder kind of arbitrary activity on the part number to get a driver’s license. Well, money, to launder drug money, to do a of the Federal Government. But the ac- although not perfect, it was a fairly whole bunch of things, and trying to tions taken by these States, and some good way to make sure that the people keep track of them is difficult. When of these cities, in allowing illegal im- you are talking to are the people that you now allow people to obtain a card, migrants the access to documents that they say they are and that they are which is by the way easily obtained, then allow them into our society and here legally. Not always, but for the there are actually, Mr. Speaker, this is allow them to do things that, if they most part that is one form of identi- an interesting little aspect of this, but have the intent to do harm to the fication that helps us make that deter- United States, can certainly make it there are machines in Los Angeles and mination. Chicago, machines similar to ATM’s, I easy. b 2230 And, therefore, this is not just a think most of them are by Mexican States’ issue. This is a Federal issue. Consulates, but you can go up to this Twice before, bills of the same nature We should be concerned about this at machine, you punch in some informa- were passed by the legislature in Cali- our level here. We should take some ac- tion and it will produce for you your fornia; and twice they were vetoed by tion to try to assure that in the ab- Mexican birth certificate, which you the same Governor, with this rea- sence of any sort of Federal identifica- then bring to the consulate and they soning. He said there were not enough tion process, that the next best thing, will give you your matricula consular security measures in the bill so as to which is the driver’s license, a State which you then take and, once again, make sure that they could avoid the driver’s license is, number one, a valid start the process of entering into problem of misidentifying people who document and, number two, is not a American society. are then obtaining drivers’ licenses and document that can be given to people It is all too easy for people to do this. getting them fraudulently. who are residing here illegally. And for people to do this, especially The bill that he recently signed had Now, there are not a lot of ways that people who have ill intent, people who that in there for a little bit, had some the Federal Government can force have designs, people who have the de- security provisions in there; but they States to do this. Because if we could sire to do very bad things to the United were all stripped out because of the pass a law saying States should not do States. People who have the desire to pressure from the immigration lobby, it, as we have seen with the 1996 bill, change their own identity. Felons who and so the bill he got simply says this, States and localities will do it if there are here, even American citizens who that in order to get a driver’s license in is no penalty. So we have to look at are felons can use this process and California, you can use your Social Se- the penalty side of things. The penalty have, in fact, used this process to curity number, or a variety of other side of things almost always comes change their own identity and make things including the matricula con- down to money. them, when they get stopped by the po- sular. You can now obtain a driver’s li- So I have introduced today a bill that lice and the police are told by their cense in California by getting a card will begin restricting the availability city council that they have to accept from the Mexican consulate that says of funds, of Federal highway funds to the matricula consular as a legitimate you are who you say you are. States that, in fact, allow illegal aliens form of ID, this person is, of course, al- By the way, Mexico is not the only in their State to obtain drivers’ li- lowed to go free. government that does this. It has be- censes. I will also be looking at other We have arrested people coming into come very successful. This is a way of ways of dealing with this, maybe try- the country illegally. We have arrested getting around the fact that we have ing to restrict grants under the Home- them and on their person found many not given amnesty to illegal aliens in land Security Act. There are a couple matricula consular cards. Recently we the United States, and so the other of other things we can do, but, again, it found an Iranian coming in with a countries are now naturally following usually turns to the use of funds to get Mexican matricula consular card. suit. We have got several countries, States to do the right thing. These are easily obtained. People are mostly Latin American, South and

VerDate jul 14 2003 04:49 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.147 H09PT1 September 9, 2003 CONGRESSIONAL RECORD — HOUSE H8071 Central American countries that are where they belong and restrict States period of time $166 billion, and every also handing out matricula consular and local governments from setting Member of Congress wants to make and using them for exactly the same their own immigration policies and sure that we do right by the brave sol- purpose. their own course. That is probably next diers that are stationed in Iraq today. Not too long ago, we got, I believe it if this kind of thing goes on. Every Member of Congress is deter- was the embassy in Managua if I am Tomorrow and the next day, of mined to do right by the troops in the not mistaken, sent a memo to the Sec- course, there will be many things here field, to make sure they get the sup- retary of State and said, by the way, around the Nation’s capital to mark port that they need, the resources they the government here is looking at how the second anniversary of the 9/11 trag- need, the equipment, the reinforce- to implement a matricula consular, edy; and along those lines, we will be ments, the supplies, everything they and we want to sort of help them out; having a press conference at 11 o’clock need to fulfill their mission as safely as and they were looking for a guidance here on the Capitol grounds, and it will possible. from the Secretary of State here as to be primarily to look at the fact that 9/ So the debate that Congress will have how they should help them because in 11 and the tragedy of 9/11 did have some over the next 2 or 3 weeks regarding that particular country, country that immigration-related issues that we the President’s request for $87 billion they were in and was going to give this should look at; and there is a gen- will not be about supporting the troops matricula, the way that someone tleman by the name of Peter Gadiel in the field, because we all want to do proves their identity is to have two who is head of a group of survivors of 9/ that; and we are all prepared to do other people swear that is who he says 11, people who lost family members in that. What we will ask questions about he is. I am Joe Blow and you get people the tragedy in New York City, who will is the President’s vision for Iraq. He to say, yeah, that is right, that is proof be speaking and who will be talking wants $87 billion. I believe Congress is of identity; and, therefore, you can get about the danger our porous borders entitled to the benefit of his thinking a matricula consular. In California, creates, especially in terms of our abil- to know what he plans and what his ad- you can then use that card to get your ity to try and maintain some level of ministration plans to accomplish in driver’s license, and from a driver’s li- national security. So, Mr. Speaker, I Iraq and how he is going to do it. cense we know what happens. From a hope that there will be a good attend- We owe those questions and deserve driver’s license, I mean, this is the ance there and also that we will get those answers, not just to Congress, passport into American society. some national attention drawn to this but to the American people. It is their So in all of our efforts to try and ac- issue because I think it certainly does tax dollars being spent. It is their sons tually do something about the porous merit that kind of attention. and daughters who are fighting in Iraq; borders that we have, do something f and in a very tragic sense, their sons about the fact that there are enormous and daughters who are dying in Iraq, national security issues revolving IRAQ WATCH CONTINUES and this Congress needs to know some around the fact that we have people The SPEAKER pro tempore (Mr. of the answers. coming across our borders without our KING of Iowa). Under the Speaker’s an- Fundamentally, we need to know permission and we do not know who nounced policy of January 7, 2003, the what the plan is. We need to know they are, even though we are trying to gentleman from Pennsylvania (Mr. what the exit strategy is. How long do something about that, these little HOEFFEL) is recognized for 60 minutes will we be in Iraq? What are we trying steps I mentioned earlier on, we are as the designee of the minority leader. to achieve? How will we know when we seeing States like California and oth- Mr. HOEFFEL. Mr. Speaker, we come have achieved it? What standards can ers do just the opposite, making it 10 to the floor again this evening as part we set for ourselves? What are we try- times more difficult for the Depart- of the Iraq Watch. For the last 2 ing to accomplish? What yardsticks ment of Justice, for the Department of months or so, four of us have been com- can we use to determine whether or not Homeland Security to do their job; and ing here the first evening that the we are succeeding, whether or not more what they are really doing, Mr. Speak- House is in session each week to talk troops will be needed, whether or not er, is running their own immigration about Iraq, to talk about the policies more money will be needed down the systems. that we think are flawed, to suggest road? What we have got here is a situation new policies that the Nation might So I would suggest four areas before where it is not just the Federal Gov- pursue, to ask questions about our I turn to the gentleman from Massa- ernment determining the policy of who policies and involvement in Iraq that chusetts (Mr. DELAHUNT). Let me sug- comes in and for how long and for what we believe the American people need to gest four areas that I would like to see purpose and exactly who they are, but know about and that Congress needs to the President give information to the now every State in the Nation is devel- know about. Congress. oping their own immigration policy or The four of us who have done this The first would be regarding the mili- certainly could follow the lead of the week after week include the gentleman tary operations and occupation in Iraq, States that are doing it, and cities from Massachusetts (Mr. DELAHUNT), how long does the President believe throughout the Nation are doing the the gentleman from Hawaii (Mr. ABER- that our troops will be needed, how same thing. They are adopting immi- CROMBIE), and the gentleman from Illi- much money will be needed, not just gration policies. How many are we nois (Mr. EMANUEL). We have been next year but in the foreseeable future going to have? How many are going to joined each week by several others, and to support those troops and how many be enforced? It makes a sham of the en- we look forward to the discussion this more troops will be needed to fulfill tire immigration system, or perhaps I evening and to continuing this each the mission. I should point out that the should say lack thereof. week until our involvement in Iraq has civilian leadership of the Pentagon last There are, I think, Mr. Speaker, obvi- been clarified and stabilized and until spring estimated by this time, by Sep- ous implications to lax border enforce- we get answers to some of the ques- tember of 2003, we would only need ment and confused immigration policy. tions that we think Congress is enti- 40,000 American troops in Iraq. Right After 9/11, we should be enormously tled to and the American people are en- now we have 130,000 American troops in concerned about it. Even those people titled to. Iraq; and clearly, that is not enough. who have been reluctant to support im- Mr. Speaker, this past week the So we need a better plan. We need to migration reform in the past should be President has announced his budget re- know how many troops, how long will willing to support the national secu- quest for our occupation in Iraq for they be here, and how much will it cost rity agenda that includes a tightening next year totaling $87 billion, a much to support them. up of immigration policy. higher figure than anticipated, on top Secondly, we need to ask the same So I really hope and believe that it is of the $79 billion appropriated by Con- questions and get the same answers the responsibility of this Congress to gress just this past April for the 2003 about the reconstruction of Iraq. How take some action, to help really pull budget year. This requested $87 billion long will it take to get the lights back back, if you will, the immigration pol- for 2004 would make our national in- on? How long will it take to get clean icy decisions into this body and into vestment over about a year-and-a-half water to the villages and the cities of

VerDate jul 14 2003 04:49 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.149 H09PT1 H8072 CONGRESSIONAL RECORD — HOUSE September 9, 2003 Iraq? How much will it cost America to I hope he will be eager to answer. He mental request does not surpass are finance the reconstruction? When can wants $87 billion. It is a great deal of the proposed tax cuts of some $107 bil- we anticipate Iraqi oil revenues coming money. We want to do right by our lion. on line to pay for Iraq’s reconstruction American troops. We want to do right This says to me, and I know it says it itself? How many more personnel from by our commitment to freedom and lib- to my friend as well, that the costs America will be needed, whether it is erty around the world. But doing right were vastly underestimated; and now architects or engineers or teachers or requires us to know what we are doing we face a difficult moment in our eco- government experts or lawyers? How and to do right by the American tax- nomic life where this recovery, if we many more personnel will be needed to payer as well. And so we will be put- can call it a recovery, is certainly a move the reconstruction and the new ting these questions forward, and I jobless recovery. This past month, in governance forward? hope that we will be getting prompt August, it was reported that here in Thirdly, how quickly can we inter- and full and complete answers from the the United States an additional 93,000 nationalize the operation? I think this administration. jobs, American jobs, were lost. This is a key to our success in Iraq. We have Mr. Speaker, at this point let me supplemental request of $87 billion cer- got to bring forward our allies, United turn to my good friend, the gentleman tainly will not add to the number of Nations, other international organiza- from Massachusetts (Mr. DELAHUNT), jobs and the number of Americans that tions to help pay for the reconstruction who has been a leader in the Iraq are employed. and to provide their resources and as- Watch and a leader on the Committee Mr. HOEFFEL. If I may reclaim my sets and expertise for the reconstruc- on International Relations and wel- time, Mr. Speaker, for just a moment, tion, as well as for the military secu- come him to this discussion. We look the President has recently said that he rity challenges. Many of us have forward to his comments. will be advocating to make the 2001 tax thought that the U.N. should have been Mr. DELAHUNT. Mr. Speaker, I cuts permanent. If the gentleman will brought in months ago to be put in thank my friend and colleague, the recall, that tax program was too big to charge of the reconstruction. Many of gentleman from Pennsylvania (Mr. fit into the 10-year budget program us felt that NATO should have been HOEFFEL), who has led this particular that the Republicans put forward, so brought in months ago to be respon- conversation for some many weeks they sunsetted most of those tax cuts. sible for security, but we need to know now. But now the President wants to make My memory is that last week there what the President’s plan is, how does them permanent, which will lose an- were reports in many of the leading he foresee the internationalizing of other trillion or so of revenue over the newspapers in this country that the Iraq, if he foresees that at all. This is next 10 years. President would come forward with a something that we need to know. I wonder if the gentleman has ever supplemental budget in the neighbor- Finally, the fourth point is, when before noticed, in his study of history, hood of some $80 billion; and this past will Iraqis be back in charge of Iraq? a time when America was at war, Sunday, the American people and Clearly, America cannot run Iraq into where, when we asked for sacrifices Members of Congress learned for the the indefinite future. It has been said from the American people, those sac- first time that that budget request rifices were limited to the middle-in- since we almost unilaterally won the would be for some $87 billion. That is military victory that we now own Iraq, come and low-income people who are an astounding figure. receiving frozen or reduced government Iraq is ours. I am not sure we want Clearly, we are on the verge of adding services and, of course, are bearing that to be our approach to this. We to a deficit that was estimated for the most of the cost and burden of fighting cannot own, run, dominate, occupy a fiscal year of 2004 to be some $480 bil- our battles in Iraq, while the wealthier foreign country for long. That is not lion. The way we are heading, it is now Americans are actually being asked to what America is about. We will fight in excess, with this request, of some for freedom, we will fight to liberate, $540 billion. That is disturbing, the sacrifice by getting a tax cut? Mr. DELAHUNT. Well, Mr. Speaker, we will fight to disarm murderous ty- long-term implications for what we if my friend would yield for a moment, rants. We will do many good things to have to look forward to in terms of an of course that is absolutely aberra- help people around the world, both to economic recovery. $87 billion, I think tional in American history. In fact, help people around the world and to it is interesting to note, exceeds the during World War II, President Roo- protect our own national interests; but following that were items in the Presi- sevelt asked the American people to occupying a foreign country for a long dent’s budget. period of time is not what this country This $87 billion we have discussed accept a tax increase. We are not here is all about. here is a supplemental budget. This is even suggesting that this evening. But So how will we get Iraqis back in in addition to the $79 billion that this I think what we have learned is, unfor- charge? What do we need to do to get Congress approved, it seems like just a tunately, the estimates that have been them back in charge? What kind of short time ago, though it was several put forth by the administration were training do they need? How can they months ago. The entire request for the absolutely inaccurate, underestimated, support a democratic government when year for homeland security was $41 bil- and represented a scenario that was to- they do not have a history of democ- lion. This supplemental request is dou- tally unrealistic. racy? ble that amount. More than double. I would remind my friend that Under Secretary of Defense Wolfowitz, back b 2245 Health and Human Services, $66.2 bil- lion. And that $66.2 billion, we should in March, told Congress that, and I will What do we need to do to build the note, includes $27 billion for the Na- quote him, ‘‘We are dealing with a institutions of liberty to help them tional Institutes of Health, which is so country that can really refinance its support a democracy? What do we need critical to advancing discoveries for own reconstruction, and relatively to do to establish a free press in Iraq, such scourges as cancer, heart disease, soon.’’ And relatively soon. the rights of free speech, the traditions et cetera, et cetera. What I find fascinating is that this of free speech? How do we make a cor- This $87 billion supplemental request Congress, on a bipartisan basis, is ex- ruption-free and open court system in exceeds the total amount allocated or pressing its dismay. To quote from a Iraq? How do we help them write a con- budgeted for the Department of Edu- story that appeared in the September 9 stitution? How do we get all segments cation. The Department of Education issue of The New York Times, and this of Iraq to participate in a representa- budget was some $53 billion. is when representatives of the adminis- tive government, a pluralistic govern- It is almost three times the amount tration were appearing before a Senate ment, and a democratic government? that has been appropriated for the committee, a prominent member of How long will it take, how do we do it, State Department in foreign aid. That that committee, Senator MCCAIN of Ar- what yardsticks can we use to measure figure is some $27 billion. izona, was dissatisfied with an answer our progress? For highway and road construction from Mark Grossman, the Under Sec- Mr. Speaker, these are the questions in the United States, $30 billion. retary of State for Political Affairs on I believe that Congress needs to ask of The only aspect of the President’s how long it would take for more troops the President. These are the questions budget that this particular supple- from other countries to arrive in Iraq

VerDate jul 14 2003 04:49 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.150 H09PT1 September 9, 2003 CONGRESSIONAL RECORD — HOUSE H8073 under United Nations auspices: ‘‘ ‘I am Saddam Hussein was behind September building schools that could be built not asking for precisely what day,’ 11. As far as we know, according to the with $87 billion. He needs to rethink Senator MCCAIN said. ‘I am asking of a commission established for that pur- that. matter could you tell me years?’ Mr. pose, that was wrong. The Bush admin- Third, how it is partial, and this is Grossman replied that should the Secu- istration led the American people to perhaps long term for our children’s rity Council resolution pass in the next believe that Iraq was in cahoots with al benefit, the thing it lacks is it simply few weeks, I can’t imagine that it Qaeda. According to information we is not paying for this obligation. It would be years. ’that precision is not now have, that was wrong. The admin- seeks to borrow from our children really satisfying,’ said Senator istration told the American people that money to pay for this operation. It bor- MCCAIN.’’ Iraq had literally hundreds of tons of rows from the Social Security to pay The level of incompetence in terms of chemical and biological companies. for this operation. We have heard about the postwar, postmajor come-back That may or may not be wrong, but to the lockbox, and it is not a lockbox. It phase, I should say, of what would be date appears to be. The administration is pulling in Social Security to pay for required of America, American tax- told the American people that Iraq had this obligation. payers and American military per- sought to get uranium from Africa. Why does the President not want to sonnel, the magnitude of that incom- That was wrong; in fact, fraudulent on pay for this? We should pay for it. Win- petence can only be described as colos- someone’s behalf. The Bush adminis- ston Churchill said all I have to offer is sal; and it has cost America its sons tration told the American people that blood, sweat, toil and tears. This ad- and badly needed revenue to meet our troops would be welcomed with rose ministration says while we have a war own domestic needs. As I indicated ear- petals and open arms when they got to overseas, it will be balloons and fruit lier, when I was reading through the Baghdad. That turned out to be wrong. and candy back home with tax cuts, monies available for Homeland Secu- The administration told the Amer- and now they want to continue to pass rity, for Health and Human Services, ican people that this would be largely a tax cuts, largely going to wealthy for Education, for the functioning of self-financing operation, as the gen- members of our society. the State Department in foreign assist- If this is so important to American ance, this supplemental budget, by tleman from Massachusetts (Mr. security, the President ought to be itself, exceeded all of the monies allo- DELAHUNT) indicated. Mr. Wolfowitz bellying up to the bar and asking cated for those needs. said in a short period of time, the oil What we know now and what we would flow, the dollars would grow, and Americans to recognize this not go for- should have known is that you simply the American taxpayers would not be ward with the tax cuts. That is an obli- cannot have tax cuts, guns, and butter on the hook. gation that he ought to take and he too; yet here we are tonight faced with This administration’s record on its ought to ask Americans to share in a proposal that is really a price tag. warrants to the American people is that, and he ought to be sincere in it There is no plan. The questions that sadly lacking. In that context, it seems and not have this let us be happy and the gentleman posed earlier in terms of to me the U.S. Congress ought to not fight a war at the same time. It is not how long will our troops be required only ask serious, probing questions of the way the greatest generation did it there, when will Iraqis assume control the administration, it ought to set con- in World War II or after World War II, of their own destiny and devested with ditions on the expenditure of money and we ought to rise to that same obli- the power that is necessary have not that it may appropriate in this regard. gation, to the world, and to our pros- been provided. Questions are not enough. Conditions perity. I think that the White House and the are needed because this is a significant Mr. HOEFFEL. Mr. Speaker, I appre- administration and the Department of sum of money, $87 billion. The entire ciate the comments from the gen- Defense have to be prepared to respond Marshall Plan was $100 billion. This is tleman from Washington (Mr. INSLEE). to those questions. Otherwise, I cannot not a Marshall Plan, it is a partial plan We have also been joined by the gen- imagine this body and the United because it lacks two very crucial ele- tleman from Ohio (Mr. STRICKLAND). I States Senate approving a request that ments. look forward to your comments. would provide the White House with a Mr. DELAHUNT. Mr. Speaker, I call Mr. STRICKLAND. Mr. Speaker, it is blank check. It just simply will not fly. it the no plan. good to be here this evening. I am here Mr. HOEFFEL. Mr. Speaker, I thank Mr. INSLEE. I think it is important tonight to say something that for me is the gentleman for his comments. Elo- to be generous in the spirit of biparti- kind of difficult to say. I believe the quent as always. sanship. I will say partial plan because President has deceived us, that he has We have been joined by our col- it lacks two important elements. distorted the truth, and that he has en- league, the gentleman from Wash- Number one, it lacks a sincere effort gaged in false claims which has taken ington (Mr. INSLEE), and we welcome to bring the international community us into a war which is daily claiming him. into this effort. This administration, the lives of our soldiers. The President Mr. INSLEE. Mr. Speaker, if the gen- for reasons that are passive under- and his administration told us that tleman will yield, I am pleased to par- standing, has had a sincere desire to be there was a connection between what ticipate in this discussion. as unilateral as possible all of the way happened on September 11, 2001, and I think a preliminary question the through this effort, and they have Iraq, and thus far we have found no U.S. Congress needs to ask itself is burned bridges every possible way. And substantive evidence that such a con- what role we have in acting as stew- now what we see to date when they fi- nection existed. ards for the taxpayers’ money in this nally say maybe we have to do some- The President told us that Iraq had regard for $87 billion in expenditures. It seems to me that we ought to real- thing to rationalize this, they offer a weapons of mass destruction and that ly scrupulously evaluate how effective fig leaf. it was necessary for us to engage in a this administration and their team has We need full international participa- preemptive attack because of an immi- been to date in fulfilling its warrants tion in this effort because Iraq is not a nent attack from Iraq, and thus far no to the American people in regard to the prize to be won, it is a burden to be such weapons have been found. Iraqi situation. It is important to know shared, and both taxpayers and our Vice President CHENEY said we would whether this administration has been military should be sharing that burden be welcomed as liberators, the people so accurate, so complete, so well- with the rest of the world rather than would consider us their friends; and yet planned that, frankly, Congress ought exclusively having the United States the truth is that on a daily basis, to just give the administration a blank shoulder it. There ought to be a condi- young Americans are losing their lives check and let it run. So I want to spend tion for any money that is appro- and many more are being horribly just 2 minutes evaluating the perform- priated, specifically allocated or au- maimed and injured, disfigured in Iraq. ance in that regard. thorized by Congress. The administration told us this Second, another way that it is par- would not cost us a lot of money be- b 2300 tial, it does not pay respect to domes- cause Iraq had lots of oil and as al- Mr. Speaker, the administration al- tic needs. The President has said that ready been mentioned in March, Dep- lowed the American people to believe his tax cuts are a higher priority than uty Defense Secretary Wolfowitz told

VerDate jul 14 2003 04:49 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.152 H09PT1 H8074 CONGRESSIONAL RECORD — HOUSE September 9, 2003 the House subcommittee that Iraq They cannot send out newsletters in- That really disturbs me. It ought to could generate $50 billion to $100 billion forming our veterans of the services disturb everyone who serves in this of oil revenue over the next to 2 to 3 they are entitled to receive. They can- Chamber, everyone who serves in the years. He said we are dealing with a not make public service announce- Senate and certainly it ought to dis- country that can finance its own recon- ments informing the veterans of what turb the President. struction and relatively soon, and yet this Congress has provided them under Mr. INSLEE. It would disturb anyone the President in total has requested the law. who has gone to Bethesda Naval Hos- over $150 billion of our tax dollars to We are willing to spend money in pital, as I have, and have talked to the pay for our adventure in Iraq. Iraq but we are not willing to take care Marines who have lost limbs and who The President said recently that we of our veterans. In my judgment it is have had crushing injuries of lifetime must provide every benefit to our sol- shameful what we are doing to our vet- disability, to think that they are going diers and protect them in any way pos- erans. to have less effective and comprehen- sible, and yet tonight as we stand here Then they decided that they were sive medical care than existed before on this floor in the safety of this great going to create a new category of vet- they started this battle. That is not hall, young Americans are in Iraq eran. We call them Priority 8 veterans. what they ought to be fighting for. It wearing vests that do not have the ca- You can make as little as $25,000 and also seems to me to be appropriate for pacity to stop bullets. They are wear- this administration considers you high this administration to throw overboard ing cheap vests because we have not income. And they say you cannot en- its predilection for unilateralism, this spent the money necessary to get the roll in VA health care. You can be a desire to go it alone, this kind of highest quality protective vests for our combat decorated veteran and be ex- macho policy of not allowing anyone soldiers. cluded. else to be an ally with you, to bring Moms and dads are asking me ques- Mr. DELAHUNT. I think that is so other people involved in this effort, not tions. Wives and sweethearts are ask- important to repeat. And we should say just American GIs and Marines. Be- ing me questions, questions that I can- it slowly so that those in the viewing cause the success of this mission de- not answer because this administration audience hear it clearly. And I would pends on winning the respect of the is unwilling to come forth and tell us challenge any member of this branch Iraqi people, and winning the respect of what the plan is, how long they are to come forward and rebut it. If you the Iraqi people for whatever new gov- going to be there. The President re- earn over $25,000 and are a combat vet- ernment is formed is going to be more cently asked for $87 billion, American eran, and you are described as a Pri- enhanced if we get more people from tax dollars, and we have heard a lot ority 8 veteran, and understand there around the community internationally about that over the past few days on are hundreds of thousands that fall to be involved in this effort addition- radio and television, but the truth is it within that classification, you cannot ally sharing this burden. is more than $87 billion because he enroll in a veterans health care pro- I may add, too, the injuries are truly asked for billions earlier. It is over $150 gram in this country. That is more severe. We cry and we pray over those billion. But this $87 billion is three than shameful; it is unconscionable. who have not come home, but we have times the amount we are spending on We sent these young and women to got a very high proportion of very se- homeland security, three times more war, and when they come back, we dis- vere injuries from this, in part because than we are spending to keep our coun- honor them, we disrespect them. of the magnificent trauma care that we try safe. It is more than we are spend- Mr. STRICKLAND. And we are talk- have now developed, at least at the ing on education and homeland secu- ing about if we had an additional $1.8 scene of the battle. These kids deserve rity combined. billion, we could include those vet- a veterans plan that is going to treat In this Congress we are underfunding erans. We are quibbling over $1.8 billion them as well as their fathers and their the No Child Left Behind bill by $8 bil- when we are being asked to approve $87 grandfathers were treated and better. lion. We are underfunding veterans billion for Iraq. It is beyond belief. That is not happening right now and health care by $1.8 billion. The Presi- Mr. INSLEE. Is it a fair statement is a symptom of this administration’s dent is trying to impose additional that under the policies of this adminis- addiction to these tax cuts on an altar costs on our veterans. He is asking our tration that they have advocated as far that is higher than any other human veterans to pay $15 a prescription, up as their budget that the veterans sys- value, including veterans health care, from $7 a prescription. He is wanting to tem that was in existence when these and it is wrong. During this debate impose a $250 annual enrollment fee so soldiers and sailors went to Iraq, when about this $87 billion, we should make that many of our veterans can partici- they come back from their extended sure that this issue is addressed, too, pate in the VA health care system. tours, which are now being extended to and not swept under the rug. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE the surprise of many, will come back to Mr. DELAHUNT. I cannot agree The SPEAKER pro tempore (Mr. a veterans system that is less bene- more. There has to be, as a pre- KING of Iowa). The Chair would remind ficial and less protective than when condition, serious consideration of this all Members to refrain from improper they left? supplemental budget request for $87 references to the President, such as ac- Mr. STRICKLAND. Absolutely. billion and an honest and sincere effort cusing him of deception. Mr. Speaker, I got a letter from a to restore the $1.8 billion, $2 billion, Mr. DELAHUNT. Mr. Speaker, if the young West Point graduate. He grad- whatever that number be, to provide gentleman would yield, let me say that uated from West Point just literally a those veterans the kind of services that $1.8 billion underfunded does not in- few months ago. He is in Baghdad to- they are entitled to and that they de- clude the fact that this administration, night. He wrote me about 2 months fended this country so bravely to se- within the past year, has denied access ago. He said, Congressman, they are cure for future veterans. to health care benefits that this Con- issuing two kinds of vests here, one is While we are talking for a moment gress in 1996 mandated for all veterans. capable of stopping bullets, the other is about the military, it was the Congres- only capable of stopping fragments. sional Budget Office that identified a b 2310 And my men are wondering why they looming problem. In March, we will Now we have a situation where the have the cheap vests. have to start withdrawing most of our administration is encouraging no out- We took months to build up to the troops in Iraq if we want to maintain reach, do not tell. They have a do-not- engagement in this conflict. We had an acceptable level of military readi- tell policy. plenty of time to make sure that every ness. That is on the horizon. As the Mr. STRICKLAND. They have a gag need that our soldiers may face in gentleman from Washington indicates, order. They have a gag order. They terms of equipment was available for I do not see other nations rushing to have instructed their doctors and so- them. It disturbs me that there may be provide a coalition, a genuine coalition cial workers and nurses who work in young Americans tonight whose lives that will provide the kind of security our VA hospitals, they have told them are unnecessarily in danger because and stability that is necessary for the they cannot participate in community this government has not provided them reconstruction of Iraq. I am sure many health fairs. with the best possible protection. in the audience and those of you here

VerDate jul 14 2003 04:49 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.154 H09PT1 September 9, 2003 CONGRESSIONAL RECORD — HOUSE H8075 tonight have noted in the most recent additional tax cuts that he wants to they are there and hidden away, but we edition of Time magazine on the cover, give to the wealthiest folks in this sure have not found them yet. It is not Are We Stretched Too Thin? I daresay country. If he believes the security in- just we have not found them. It has if you listen to General Schwarzkopf, if terests of the United States demands now come to light that the White you listen to our military leaders who that, then honesty to our children de- House was being given classified infor- will speak in private, they will say we mands that and honesty about the true mation by the intelligence agencies are stretched very, very, very thin. cost of war. last fall that was telling the White And here we are, contemporaneously That is why I believe when this de- House that there was great uncertainty with addressing this issue, we are now bate starts, it is going to be very im- about the state of Iraq’s weapons of in the process of discussions that we portant for the U.S. Congress to condi- mass destruction program. cannot predict how they will go rel- tion any funds that are appropriated on These then-classified documents, now ative to the threat of a nuclear North making sure that it is paid for by us available in part because the White Korea. and not shucked off on the backs of our House declassified one to try to prove children as further deficit spending, as its case, and the other because it is b 2320 this administration has been wont to now available for us to read at the Per- Some statements have been made by do, as it is necessary to condition this manent Select Committee on Intel- members of this administration that money on something that is going to ligence office, the Defense Intelligence the military option has not been re- be a requirement for success, and that Agency report of September 2002 and moved from the table. What are we is to get the rest of the world involved the National Intelligence Estimate of talking about? in this effort. It is the only way to win October 2002 are replete with expres- Mr. INSLEE. If the gentleman will the Iraqis’ respect for our ultimate ef- sions of doubt, uncertainty. I remem- yield, I think it is very important that forts. ber the phrase ‘‘no credible evidence’’ the gentleman points out about the dif- Mr. HOEFFEL. The gentleman has that Hussein had an ongoing chemical ficulty of perhaps having to bring folks made several very good points, and he weapons program. home because we are stretched thin be- has been talking about the notion of None of those doubts were reported ginning in March, and the reason that whether or not the President is lev- to the American people or to Congress, is important is it points out a funda- eling with the American people. none of that uncertainty was ex- mental truth that the administration I would like to get back to an earlier pressed; and it is my belief that the has refused to share with the American discussion. A suggestion was made by President exaggerated the threat of people. They have not leveled with the one of us this evening that the Presi- weapons of mass destruction in the fall American people on one fundamental dent was deceitful and we were admon- of 2002, in the buildup to the war, in truth, and that is the first 60 or $65 bil- ished by the Chair that was not appro- order to secure public support and con- lion that was allocated was just a down priate language. None of us are here to gressional support for an authorization payment. This second $87 billion is a challenge the Chair. We are here to ask of war. second of many installments. We have for the truth and ask questions about I will yield when I have unloaded my already heard talk about another $30 our policies in Iraq. frustrations, which will be in just a billion to $60 billion following this one. I would like to review the bidding a moment. This could lead to a significant restruc- little, to set this question in some con- It is my belief that the President turing of the entire U.S. military by text, whether or not the President has misled Congress, and it is my under- increasing the number of troops to deal been deceitful. standing from the documents that I with this rotational need of our mili- The President and his top advisers in have since read that are now available tary. the fall of 2002 said with complete cer- to us that were not available to us in Mr. DELAHUNT. Let me ask the gen- tainty that Saddam Hussein had weap- the fall of 2002 that the White House tleman, does this mean that at some ons of mass destruction, was devel- was well instructed about the doubts point in the future, if we continue to oping more weapons of mass destruc- and the uncertainty from the CIA, the have a foreign policy that creates these tion, was developing a chemical weap- FBI, and the rest of the intelligence significant needs for military per- ons of mass destruction program, a bio- agencies. sonnel, that some day on the floor of logical weapons of mass destruction Now, if it is objectionable to say that this House we will be debating the ne- program, and was probably moving for- on the floor of the House, if the Repub- cessity for a draft? ward to try to restart a nuclear weap- lican leadership does not want to hear Mr. STRICKLAND. I think so. ons of mass destruction program, long that on the floor of the House, bring it Mr. INSLEE. That is the $64,000 ques- before the State of the Union address on. Let us bring it on right here, be- tion. this past January. I am speaking now cause this is the nub of the argument. Mr. DELAHUNT. It is time to ask of September 2002. This is what we are here to ask about. these kinds of questions. In private briefings many of us re- I would be happy to yield to my Mr. INSLEE. The gentleman points ceived at the White House the same friend. out something that I think is impor- representations were made: complete Mr. STRICKLAND. The American tant and that is that the President certainty that the weapons of mass de- people really do not care what word we needs to level with the American peo- struction program in Iraq was in full use, but they understand what has hap- ple about the real cost of this. bloom and full speed ahead with, as I pened. They listened to the President Now, right now we have volunteers think the gentleman said, hundreds of go on TV and address the national au- suffering the real cost of this war with tons of these weapons in the possession dience. They heard his references to a loss of life and limb; but our children of Saddam Hussein, more on the way. connection between al Qaeda and Iraq have a real cost they are enduring too, The briefing I attended with maybe and September 11. They heard every- a Federal deficit that has gone over 15 of our colleagues was led by George thing that was said about weapons of $500 billion this year with this addi- Tenet and Condoleezza Rice in the Roo- mass destruction. tional $87 billion, the highest deficit in sevelt Room of the White House. In We do not have to pick a particular American history; and that is a real their presentations and in their an- word. The American people understand cost that the President, if he wants to swers to questions from Members of that the situation that was described show real leadership, would level with Congress, a bipartisan group of us, for them was an unreal situation, and the American people about and say complete certainty was expressed. At the result is this: we have got thou- that we need to pay for, rather than one point, Mr. Tenet, being asked sands of our troops in Iraq tonight. hiding the cost and playing a fiscal would you rate on a scale of zero to 10 They are inadequately protected. We shell game and putting that on our your certainty about the presence of are not providing them the best protec- children. these weapons in Iraq, he said 10. tion possible. We are not. And I chal- The only way to level with the Amer- Mr. STRICKLAND. Pretty certain. lenge anyone in this administration to ican people is for him to throw aside at Mr. HOEFFEL. It is not just that we challenge that statement, to tell me least some of the tax cuts, at least the have not found those weapons. Maybe that they have got the best vests that

VerDate jul 14 2003 04:49 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.158 H09PT1 H8076 CONGRESSIONAL RECORD — HOUSE September 9, 2003 we can buy, to tell me that they are as ‘‘pressure other countries to come up mental, and I trust that we are making protected as they possibly can be. I do with the additional funds needed to re- an effort to do that. not believe it, based on what I have store security in Iraq and repair its Mr. DELAHUNT. Mr. Speaker, if I been told and I think what the facts ravaged infrastructure.’’ And I think could make a final concluding remark, show. everything that has been said tonight and then I will then defer to the gen- So I do not want to quibble about is indicative of the proposition that tleman from Pennsylvania (Mr. what words we may use, but my friend has just been made over these past few HOEFFEL). There was a report today, or has been very accurate. The gentleman minutes that before we vote on this $87 rather Monday, in The Washington has laid out the case as it unfolded. billion, we have to ask the question: Is Post that the Secretary of Defense, Mr. Now we are being told, well, we are this actually the number that you are Rumsfeld, when he was concluding his there, so we might as well just, oh, get using, even internally? 4-day trip to Iraq and Afghanistan, on board and get this over with. I think Mr. DELAHUNT. And does that in- complained that critics of the Bush ad- it is appropriate for us to ask whether clude the $2 billion necessary for vet- ministration’s Iraq policy are encour- or not those who are providing leader- erans health care benefits. aging terrorists and complicating the ship are worthy of our confidence. Are Mr. ABERCROMBIE. And that is why war on terrorism. Give me a break. they competent people? Have they told we have to have this money authorized. Mr. STRICKLAND. Can I respond to the truth? Can we trust them to make That is why we have to have hearings that, please? in the Committee on Armed Services, further decisions about what is hap- Mr. DELAHUNT. Yes. Give me a pening in Iraq? Those are the questions the authorization committee. This is not just a supplemental bill to be break. We are going to ask the ques- that must be answered. tion. Mr. DELAHUNT. I think it is impor- taken to the Committee on Appropria- tant that we stress that this is not just tions; this Congress needs to authorize Mr. STRICKLAND. I hope the Sec- Democrats that are posing these ques- the money that is involved in recon- retary never says that in my presence, tions. This past week on, I think it was struction and security in Iraq, or we because if he does, I am going to have the ‘‘CBS Early Show,’’ someone who are failing in our congressional duties. to challenge him. None of us, none of understands combat, someone who was Mr. HOEFFEL. Mr. Speaker, would us condone terrorism. In fact, we are in war and who is a decorated veteran the gentleman explain that for the here because we are concerned that this administration is not adequately of the Vietnam conflict, CHUCK HAGEL, viewers? Would the gentleman explain Republican from Nebraska, said this: the point he is making about the dif- waging the war on terrorism. ‘‘Osama ‘‘The administration has done a miser- ference between authorization and ap- bin Forgotten’’ is out there somewhere able job of planning the post-Saddam propriation? planning the next attack on this coun- Iraq.’’ Mr. ABERCROMBIE. Very quickly, try. The President said he can run, but yes. Good point. Just as it is in our he cannot hide. Well, he ran and he has b 2330 State legislatures, we have to author- hidden, and he is planning the next at- The administration has done a miser- ize, that is to say, a committee must tack. And for the Secretary to say such able job of planning the post-Saddam authorize the expenditure of money be- a thing outside the country, outside Iraq. That is Senator HAGEL. We all fore it can be appropriated. The subject the country I think is grossly unfair know Senator HAGEL. Everybody in matter committee, in this instance the and I think the Secretary owes this Congress respects and acknowledges Committee on Armed Services, must Congress and each of us who have a re- his integrity, but he was right too. take up the question: Will we authorize sponsibility under the Constitution to Maybe we failed in our responsibility the expenditure of funds? The Com- represent our constituents and to collectively. I am talking about the mittee on Appropriations may, if they speak our mind as we believe the truth House as well as the other branch. Be- have an authorization, appropriate up to be, he has no right to make such an cause he pointed out that we allowed to or, in some instances, even exceed accusation against any of us. the administration to treat us like a the amount of money that is there, if Mr. INSLEE. Mr. Speaker, if I may nuisance. We did not ask the questions. they can gain the approval of the legis- dovetail on your disenchantment with Some of us did. But no, in the heat and lature; but that is the object, to have a the total irresponsible comments of the in the vast amount of publicity that hearing as to what, in fact, should be Secretary. He said there was al Qaeda was attendant to the President and done. That is to say what is the policy, in Iraq before our attack on Iraq, and Vice President CHENEY and Under Sec- and then attach a money figure to it. the evidence would suggest that was retary Wolfowitz’s natural access to What we are doing is saying we are not the case. But as a result, following the media, people did not ask the tough going to put money out there and then his efforts and his strategy, they are in questions. Well, not this time. figure out a policy afterwards. What I Iraq and Iraq indeed has been turned Mr. STRICKLAND. That is right. am saying and I think all of us are say- into a potential breeding ground for Mr. DELAHUNT. Not this time. We ing tonight is, let us get the policy terrorism. That is the kind of policy we want a plan, and we want all of the an- down first, and then figure out what it do not want to see continued. This is swers. costs and then determine whether the kind of mistake we do not want to I can remember Secretary Feith com- there is a cost-benefit ratio to that pol- see this administration make again. ing in front of the Committee on Inter- icy. national Relations. I asked him, give Mr. INSLEE. Mr. Speaker, if the gen- f me just an idea of the costs to rebuild tleman will yield, I think there is an Iraq. He said, I do not have any an- additional thing we need in addition to ANNOUNCEMENT BY THE SPEAKER swers. the sage comments of the gentleman PRO TEMPORE Mr. ABERCROMBIE. Mr. Speaker, if from Hawaii (Mr. ABERCROMBIE); we the gentleman will yield on that point, need to stop the administration from The SPEAKER pro tempore (Mr. precisely on that question, we need an stealing from the Social Security trust KING of Iowa). As a general reminder, answer as to whether or not reports fund to pay for this war, and that is the Chair would like to reiterate that today in the Los Angeles Times are what they are telling us they want to as stated in section 370 of the House correct that the $87 billion figure is do. They want to take $87 billion out of Rules and Manual, suggesting men- some $55 billion short of what the ad- the Social Security trust fund to pay dacity on the part of the President is ministration in anonymous leaks are for this war. And the reason they want not in order, even by innuendo. As indicating is actually needed, and that to do it is that they refuse to let go of such, the Chair would reiterate that the $87 billion is to take us up until the their goal of continuing further tax accusations of intentional deception election; and then somehow, we are to cuts for the wealthiest folks in this are not in order. magically find $55 billion from sup- country, and that is morally, ethically Furthermore, the Chair will remind posed allies. The exact quote, as a mat- wrong to our children. And this Con- Members that it is not in order to ter of fact, is that according to the Los gress has an obligation to our kids to quote Senators’ remarks spoken in the Angeles Times, they said they would stop it right here during this supple- media.

VerDate jul 14 2003 04:49 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.160 H09PT1 September 9, 2003 CONGRESSIONAL RECORD — HOUSE H8077 CLOSING REMARKS ON IRAQ lative program and any special orders p.m.), the House adjourned until to- WATCH heretofore entered, was granted to: morrow, Wednesday, September 10, The SPEAKER pro tempore. Under a (The following Members (at the re- 2003, at 10 a.m. previous order of the House, the gen- quest of Mr. DAVIS of Tennessee) to re- f vise and extend their remarks and in- tleman from Hawaii (Mr. ABERCROMBIE) EXECUTIVE COMMUNICATIONS, clude extraneous material): is recognized for 5 minutes. ETC. Mr. ABERCROMBIE. Mr. Speaker, I Mr. MENENDEZ, for 5 minutes, today. Under clause 8 of rule XII, executive do not intend to take the 5 minutes. I Mr. DAVIS of Illinois, for 5 minutes, communications were taken from the would like to defer to the gentleman today. Speaker’s table and referred as follows: from Pennsylvania (Mr. HOEFFEL) for Mr. BROWN of Ohio, for 5 minutes, such concluding remarks as he might today. 4041. A letter from the Deputy Associate Administrator, Environmental Protection like to make. Mrs. MALONEY, for 5 minutes, today. Mr. EMANUEL, for 5 minutes, today. Agency, transmitting the Agency’s final rule Mr. HOEFFEL. Mr. Speaker, I thank — Acetamiprid; Pesticide Tolerance [OPP- Mr. DEFAZIO, for 5 minutes, today. the Chair, and I thank the gentleman 2002-0299; FRL-7324-1] received August 27, for his cooperation. I would like to Mr. ETHERIDGE, for 5 minutes, today. 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the thank the gentlemen that joined in the Mr. JEFFERSON, for 5 minutes, today. Committee on Agriculture. discussion this evening. We will be Ms. NORTON, for 5 minutes, today. 4042. A letter from the Deputy Associate back next week, and the Iraq Watch Mr. BLUMENAUER, for 5 minutes, Administrator, Environmental Protection Agency, transmitting the Agency’s final rule will continue to ask questions about today. Mr. STRICKLAND, for 5 minutes, — Bifenthrin; Pesticide Tolerance for Emer- our policies in Iraq. We need to discuss gency Exemption; Technical Amendment some legislative proposals such as the today. (The following Members (at the re- [OPP-2003-0288; FRL-7323-9] received August gentleman from Illinois (Mr. EMANUEL) 27, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to has made, his American Parity Act, quest of Mr. BEREUTER) to revise and the Committee on Agriculture. which would require the spending of extend their remarks and include ex- 4043. A letter from the Deputy Associate equivalent dollars on our American do- traneous material): Administrator, Environmental Protection Agency, transmitting the Agency’s final rule mestic needs for each dollar spent on Mr. MARIO DIAZ-BALART of Florida, for 5 minutes, September 10. — Lambda Cyhalothrin; Pesticide Tolerances domestic needs in Iraq. If we are going for Emergency Exemptions [OPP-2003-0267; to spend $10 billion on housing in Iraq, Mr. NORWOOD, for 5 minutes, Sep- tember 10 and 11. FRL-7321-3] received August 27, 2003, pursu- we want to do the same in America. If ant to 5 U.S.C. 801(a)(1)(A); to the Committee we are going to spend money on water Mr. HENSARLING, for 5 minutes, Sep- on Agriculture. systems or infrastructure improve- tember 10. 4044. A letter from the Deputy Associate ments in Iraq, we are suggesting we do Mr. BURTON of Indiana, for 5 minutes, Administrator, Environmental Protection the same in America. September 16. Agency, transmitting the Agency’s final rule Mr. PAUL, for 5 minutes, today. — Propylene Carbonate; Exemption from the b 2340 Mr. BURGESS, for 5 minutes, today Requirement of a Tolerance [OPP-2003-0284; and September 10. FRL-7323-7] received September 2, 2003, pur- That legislation deserves consider- suant to 5 U.S.C. 801(a)(1)(A); to the Com- ation during our next weekly discus- Mr. SMITH of Michigan, for 5 minutes, mittee on Agriculture. sion. We will ask more questions about today. 4045. A letter from the Deputy Associate the administration’s policies. We hope Mr. SHUSTER, for 5 minutes, today. Administrator, Environmental Protection we will get answers. I think it is a con- Mr. GUTKNECHT, for 5 minutes, Sep- Agency, transmitting the Agency’s final rule sensus view of all of us that we need to tember 10 and 11. — Diflubenzuron; Pesticide Tolerances for know what the plan is in Iraq. And we Mr. OXLEY, for 5 minutes, today. Emergency Exemptions [OPP-2003-0279; FRL- 7323-1] received August 26, 2003, pursuant to 5 need to know what our exit strategy is Ms. GINNY BROWN-WAITE of Florida, for 5 minutes, September 10. U.S.C. 801(a)(1)(A); to the Committee on Ag- in Iraq before this Congress will be riculture. comfortable in appropriating another Mr. BEREUTER, for 5 minutes, today. 4046. A letter from the Comptroller, De- $87 billion. We need to know what our Ms. HARRIS, for 5 minutes, today. partment of Defense, transmitting a report strategy is, what conditions we are try- Mr. JONES of North Carolina, for 5 of a violation of the Antideficiency Act by ing to achieve, what yardsticks we can minutes, September 10 and 11. the Department of the Navy, Case Number use to measure our progress, how we (The following Member (at his own 01-02, pursuant to 31 U.S.C. 1517(b); to the request) to revise and extend his re- Committee on Appropriations. can internationalize the situation in 4047. A letter from the Comptroller, De- Iraq, how we can get Iraqis back in marks and include extraneous mate- partment of Defense, transmitting a report charge of Iraq because that must be the rial): of a violation of the Antideficiency Act by ultimate goal for all of us. Mr. ABERCROMBIE, for 5 minutes, the Department of theNavy, Case Number 01- f today. 01, pursuant to 31 U.S.C. 1517(b); to the Com- f mittee on Appropriations. LEAVE OF ABSENCE 4048. A letter from the Comptroller, De- By unanimous consent, leave of ab- SENATE BILLS REFERRED partment of Defense, transmitting a report sence was granted to: Bills of the Senate of the following of a violation of the Antideficiency Act by titles were taken from the Speaker’s the Department of the Navy, Case Number Mrs. EMERSON (at the request of Mr. 01-04, pursuant to 31 U.S.C. 1517(b); to the DELAY) for today and the balance of table and, under the rule, referred as Committee on Appropriations. the week on account of a death in the follows: 4049. A letter from the Under Secretary, family. S. Con. Res. 64. Concurrent resolution to Department of Defense, transmitting a letter Mr. JANKLOW (at the request of Mr. commend members of the United States on the approved retirement Vice Admiral DELAY) for today and the balance of Armed Forces for their services to the Scott A. Fry, United States Navy, and his the week on account of medical rea- United States in the liberation of Iraq, and advancement to the grade of vice admiral on sons. for other purposes; to the Committee on the retired list; to the Committee on Armed Armed Services. Services. Mr. MCHUGH (at the request of Mr. S. Con. Res. 65. Concurrent resolution to 4050. A letter from the Under Secretary, DELAY) for today until 7:00 p.m. on ac- commend the Third Infantry Division Department of Defense, transmitting a letter count of attending the funeral of his (Mechanized) of the United States Army for on the approved retirement of Lieutenant constituent, Sergeant Chad E. Fuller, its role in the liberation of Iraq; to the Com- General Emil R. Bedard, United States Ma- who was killed on August 31 in Afghan- mittee on Armed Services. rine Corps, and his advancement to the grade of lieutenant general on the retired list; to istan while supporting Operation En- f during Freedom. the Committee on Armed Services. ADJOURNMENT 4051. A letter from the Senior Paralegal f (Regulations), Office of Thrift Supervision, Mr. ABERCROMBIE. Mr. Speaker, I SPECIAL ORDERS GRANTED Department of the Treasury, transmitting move that the House do now adjourn. the Department’s final rule — Lending and By unanimous consent, permission to The motion was agreed to; accord- Investment [No. 2001-82] (RIN: 1550-AB37) re- address the House, following the legis- ingly (at 11 o’clock and 40 minutes ceived September 2, 2003, pursuant to 5

VerDate jul 14 2003 05:51 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.164 H09PT1 H8078 CONGRESSIONAL RECORD — HOUSE September 9, 2003 U.S.C. 801(a)(1)(A); to the Committee on Fi- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 7552-9] received September 2, 2003, pursuant nancial Services. mittee on Energy and Commerce. to 5 U.S.C. 801(a)(1)(A); to the Committee on 4052. A letter from the Associate General 4062. A letter from the Deputy Associate Energy and Commerce. Counsel for Legislation and Regulations, De- Administrator, Environmental Protection 4072. A letter from the Deputy Associate partment of Housing and Urban Develop- Agency, transmitting the Agency’s final rule Administrator, Environmental Protection ment, transmitting the Department’s final — New Mexico: Incorporation by Reference Agency, transmitting the Agency’s final rule rule — Distribution of Tax Credit Proceeds of Approved State Hazardous Waste Manage- — National Emission Standards for Haz- [Docket No. FR-4792-I-01] (RIN: 2502-AH91) ment Program [FRL-7479-5] received August ardous Air Pollutants for Lime Manufac- received August 12, 2003, pursuant to 5 U.S.C. 19, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to turing Plants [Docket ID No. OAR-2002-0052; 801(a)(1)(A); to the Committee on Financial the Committee on Energy and Commerce. FRL-7551-7] (RIN: 2060-AG72) received Sep- Services. 4063. A letter from the Deputy Associate tember 2, 2003, pursuant to 5 U.S.C. 4053. A letter from the Assistant General Administrator, Environmental Protection 801(a)(1)(A); to the Committee on Energy and Counsel, Office of Vocational Education, De- Agency, transmitting the Agency’s final rule Commerce. partment of Education, transmitting the De- — Oklahoma: Incorporation by Reference of 4073. A letter from the Deputy Associate partment’s final rule — Community Tech- Approved State Hazardous Waste Manage- Administrator, Environmental Protection nology Centers Program [CFDA No.: 84.341] ment Program [FRL-7479-3] received August Agency, transmitting the Agency’s final rule received August 19, 2003, pursuant to 5 U.S.C. 19, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to — National Emission Standards for Haz- 801(a)(1)(A); to the Committee on Education the Committee on Energy and Commerce. ardous Air Pollutants for Primary Magne- and the Workforce. 4064. A letter from the Deputy Associate sium Refining [Docket ID No. OAR-2002-0043; 4054. A letter from the Assistant General Administrator, Environmental Protection FRL-7551-4] (RIN: 2060-AH03) received Sep- Counsel, Office of Elementary and Secondary Agency, transmitting the Agency’s final rule tember 2, 2003, pursuant to 5 U.S.C. Education, Department of Education, trans- — Revisions to the California State Imple- 801(a)(1)(A); to the Committee on Energy and mitting the Department’s final rule — Indian mentation Plan, Bay Area Air Quality Man- Commerce. Education Discretionary Grant Programs agement District and San Joaquin Valley 4074. A letter from the Deputy Associate (RIN: 1810-AA93) received August 19, 2003, Unified Air Pollution Control District [CA Administrator, Environmental Protection pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 284-0399a; FRL-7536-2] received August 19, Agency, transmitting the Agency’s final rule mittee on Education and the Workforce. 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the — National Emission Standards for Haz- 4055. A letter from the Assistant General Committee on Energy and Commerce. ardous Air Pollutants: Organic Liquids Dis- Counsel, Office of Vocational Education, De- 4065. A letter from the Deputy Associate tribution (Non-Gasoline) [OAR-2003-0138; partment of Education, transmitting the De- Administrator, Environmental Protection FRL-7551-6] (RIN: 2060-AE79) received Sep- partment’s final rule — Community Tech- Agency, transmitting the Agency’s final rule tember 2, 2003, pursuant to 5 U.S.C. nology Centers Program [CFDA No.: 84.341] — Revisions to the California State Imple- 801(a)(1)(A); to the Committee on Energy and received August 19, 2003, pursuant to 5 U.S.C. mentation Plan, San Diego County Air Pol- Commerce. 801(a)(1)(A); to the Committee on Education lution Control District [CA 245-0403a; FRL- 4075. A letter from the Deputy Associate and the Workforce. 7535-1] received August 19, 2003, pursuant to 5 Administrator, Environmental Protection 4056. A letter from the Regulations Coordi- U.S.C. 801(a)(1)(A); to the Committee on En- Agency, transmitting the Agency’s final rule nator, Department of Health and Human ergy and Commerce. — Revisions to the California State Imple- Services, transmitting the Department’s 4066. A letter from the Deputy Associate mentation Plan, Kern County Air Pollution final rule — Smallpox Vaccine Injury Com- Administrator, Environmental Protection Control District and San Joaquin Valley pensation Program: Smallpox (Vaccinia) Agency, transmitting the Agency’s final rule Unified Air Pollution Control District [CA Vaccine Injury Table (RIN: 0906-AA60) re- — Revisions to the California State Imple- 287-0410a; FRL-7548-3] received September 2, ceived August 26, 2003, pursuant to 5 U.S.C. mentation Plan, South Coast Air Quality 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the 801(a)(1)(A); to the Committee on Energy and Management District [CA267-0402a; FRL-7526- Committee on Energy and Commerce. Commerce. 6] received August 19, 2003, pursuant to 5 4076. A letter from the Deputy Associate 4057. A letter from the Director, Regula- U.S.C. 801(a)(1)(A); to the Committee on En- Administrator, Environmental Protection tions Policy and Management Staff, FDA, ergy and Commerce. Department of Health and Human Services, 4067. A letter from the Deputy Associate Agency, transmitting the Agency’s final rule transmitting the Department’s final rule — Administrator, Environmental Protection — Revisions to the California State Imple- Medical Devices; Obstetrical and Gyneco- Agency, transmitting the Agency’s final rule mentation Plan, South Coast Air Quality logical Devices; Classification of the Breast — Revisions to the California State Imple- Management District [CA 249-0409; FRL-7546- Lesion Documentation System [Docket No. mentation Plan; Sacramento Metropolitan 5] received September 2, 2003, pursuant to 5 2003P-0301] received August 26, 2003, pursuant Air Quality Management District [CA 279- U.S.C. 801(a)(1)(A); to the Committee on En- to 5 U.S.C. 801(a)(1)(A); to the Committee on 0401a; FRL-7526-4] received August 19, 2003, ergy and Commerce. Energy and Commerce. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 4077. A letter from the Deputy Associate 4058. A letter from the Attorney-Advisor, mittee on Energy and Commerce. Administrator, Environmental Protection NHTSA, Department of Transportation, 4068. A letter from the Deputy Associate Agency, transmitting the Agency’s final rule transmitting the Department’s final rule — Administrator, Environmental Protection — Approval and Promulgation of Air Quality Federal Motor Vehicle Safety Standards; Bus Agency, transmitting the Agency’s final rule Implementation Plans; Michigan; Definition Emergency Exits and Window Retention and — National Emission Standards for Haz- of Volatile Organic Compound [MI83-01-7292a, Release [Docket No. NHTSA-99-5157] (RIN: ardous Air Pollutants: Miscellaneous Or- FRL-7526-9] received August 26, 2003, pursu- 2127-AH03) received August 12, 2003, pursuant ganic Chemical Manufacturing [Docket ID ant to 5 U.S.C. 801(a)(1)(A); to the Committee to 5 U.S.C. 801(a)(1)(A); to the Committee on No. OAR-2003-0121; FRL-7551-3] (RIN: 2060- on Energy and Commerce. Energy and Commerce. AE82) received August 27, 2003, pursuant to 5 4078. A letter from the Deputy Associate 4059. A letter from the Attorney-Advisor, U.S.C. 801(a)(1)(A); to the Committee on En- Administrator, Environmental Protection NHTSA, Department of Transportation, ergy and Commerce. Agency, transmitting the Agency’s final rule transmitting the Department’s final rule — 4069. A letter from the Deputy Associate — Approval and Promulgation of State Im- Federal Motor Vehicle Safety Standards; Administrator, Environmental Protection plementation Plans; Minnesota [MN79-1a; Definition of Multifunction School Activity Agency, transmitting the Agency’s final rule FRL-7543-6] received August 26, 2003, pursu- Bus [DOT Docket No. NHTSA-2002-13704] — National Emission Standards for Haz- ant to 5 U.S.C. 801(a)(1)(A); to the Committee (RIN: 2127-AH23) received August 12, 2003, ardous Air Pollutants: Taconite Iron Ore on Energy and Commerce. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Processing [OAR 2002-0039; FRL-7551-2] (RIN: 4079. A letter from the Deputy Associate mittee on Energy and Commerce. 2060-AJ02) received August 27, 2003, pursuant Administrator, Environmental Protection 4060. A letter from the Attorney Advisor, to 5 U.S.C. 801(a)(1)(A); to the Committee on Agency, transmitting the Agency’s final rule NHTSA, Department of Transportation, Energy and Commerce. — Approval and Promulgation of State Im- transmitting the Department’s final rule — 4070. A letter from the Deputy Associate plementation Plans; Wisconsin [WI-113-3; Federal Motor Vehicle Safety Standards: Administrator, Environmental Protection FRL-7528-7] received August 26, 2003, pursu- Heavy Vehicle Antilock Brake System (ABS) Agency, transmitting the Agency’s final rule ant to 5 U.S.C. 801(a)(1)(A); to the Committee Performance Requirement [Docket No. 03- — South Carolina: Final Authorization of on Energy and Commerce. 15277] (RIN: 2127-AH16) received August 12, State Hazardous Waste Management Pro- 4080. A letter from the Legal Advisor, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the gram Revision [FRL-7550-3] received August International Bureau, Federal Communica- Committee on Energy and Commerce. 27, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to tions Commission, transmitting the Com- 4061. A letter from the Deputy Associate the Committee on Energy and Commerce. mission’s final rule — Amendment of the Administrator, Environmental Protection 4071. A letter from the Deputy Associate Commission’s Space Station Licensing Rules Agency, transmitting the Agency’s final rule Administrator, Environmental Protection and Policies [IB Docket No. 02-34]; 2000 Bien- — National Emission Standards for Haz- Agency, transmitting the Agency’s final rule nial Regulatory Review —— Streamlining ardous Air Pollutants: Surface Coating of — Approval and Promulgation of Implemen- and Other Revisions of Part 25 of the Com- Metal Cans [OAR-2003-0005 — FRL-7546-8] tation Plans and Operating Permits Pro- mission’s Rules Governing the Licensing of, (RIN: 2060-AG96) received August 19, 2003, gram; State of Nebraska [NE 190-1190a; FRL- and Spectrum Usage by, Satellite Network

VerDate jul 14 2003 04:49 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\L09SE7.000 H09PT1 September 9, 2003 CONGRESSIONAL RECORD — HOUSE H8079 Earth Stations and Space Stations [IB Dock- Final Frameworks for Early-Season Migra- partment’s final rule — Regulated Naviga- et No. 00-248] received August 26, 2003, pursu- tory Bird Hunting Regulations (RIN: 1018- tion Areas, Safety and Security Zones; Long ant to 5 U.S.C. 801(a)(1)(A); to the Committee AI93) received August 26, 2003, pursuant to 5 Island Sound Marine Inspection and Captain on Energy and Commerce. U.S.C. 801(a)(1)(A); to the Committee on Re- of the Port Zone [CGD01-02-104] (RIN: 1625- 4081. A letter from the Legal Advisor, sources. AA00, AA11) received August 19, 2003, pursu- International Bureau, Federal Communica- 4091. A letter from the Director, Office of ant to 5 U.S.C. 801(a)(1)(A); to the Committee tions Commission, transmitting the Com- Surface Mining, Department of the Interior, on Transportation and Infrastructure. mission’s final rule — Amendment of the transmitting the Department’s final rule — 4102. A letter from the Chief, Regulations Commission’s Space Station Licensing Rules Pennsylvania Regulatory Program [PA-142- and Administrative Law, USCG, Department and Policies [IB Docket No. 02-34]; 2000 Bien- FOR] received August 26, 2003, pursuant to 5 of Homeland Security, transmitting the De- nial Regulatory Review —— Streamlining U.S.C. 801(a)(1)(A); to the Committee on Re- partment’s final rule — Security Zones; and Other Revisions of Part 25 of the Com- sources. Tampa Bay, Florida [COTP Tampa-03-080] mission’s Rules Governing the Licensing of, 4092. A letter from the Acting Assistant (RIN: 1625-AA00) received August 19, 2003, and Spectrum Usage by, Satellite Network Administrator, Office of Oceanic and Atmos- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Earth Stations and Space Stations [IB Dock- pheric Research, National Oceanic and At- mittee on Transportation and Infrastruc- et No. 00-248]; Home Box Office Motion for mospheric Administration, transmitting the ture. Clarification And Declaratory Ruling [IB Administration’s final rule — NOAA Office of 4103. A letter from the Chief, Regulations Docket No. 96-111] received August 26, 2003, Ocean Exploration Announcement of Fund- Branch, Bureau of Customs and Border Pro- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ing Opportunity, Fiscal Year 2004 [Docket tection, Department of Homeland Security, mittee on Energy and Commerce. No. 021028257-3178-02] received August 26, 2003, transmitting the Department’s final rule — 4082. A letter from the Secretary of the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- User Fee Airports [CBP Dec. 03-22] received Commission, Federal Trade Commission, mittee on Resources. August 19, 2003, pursuant to 5 U.S.C. transmitting the Commission’s final rule — 4093. A letter from the Assistant Attorney 801(a)(1)(A); to the Committee on Ways and Telemarketing Sales Rule Fees — received General, Office of Legislative Affairs, De- Means. August 26, 2003, pursuant to 5 U.S.C. partment of Justice, transmitting the 2001 4104. A letter from the Chief, Regulations 801(a)(1)(A); to the Committee on Energy and Annual Report of the National Institute of and Administrative Law, USCG, Department Commerce. Justice (NIJ); to the Committee on the Judi- of Homeland Security, transmitting the De- 4083. A letter from the Director, Office of ciary. partment’s final rule — Safety Zone; Mil- Congressional Affairs, Nuclear Regulatory 4094. A letter from the Acting Assistant waukee Harbor, Milwaukee, Wisconsin Commission, transmitting the Commission’s Secretary, Legislative Affairs, Department [CGD09-03-227] (RIN: 1625-AA00) received Au- final rule — List of Approved Spent Fuel of State, transmitting the Department’s gust 19, 2003, pursuant to 5 U.S.C. Storage Casks: Standardized NUHOMS-24P, final rule — Aliens Inadmissible Under the 801(a)(1)(A); to the Committee on Transpor- -52B, and -61BT Revision (RIN: 3150-AH26) re- Immigration and Nationality Act — Unlaw- tation and Infrastructure. ceived August 19, 2003, pursuant to 5 U.S.C. ful Voters — received September 2, 2003, pur- 4105. A letter from the Chief, Regulations 801(a)(1)(A); to the Committee on Energy and suant to 5 U.S.C. 801(a)(1)(A); to the Com- and Administrative Law, USCG, Department Commerce. mittee on the Judiciary. of Homeland Security, transmitting the De- 4084. A letter from the Director, Inter- 4095. A letter from the Assistant Secretary partment’s final rule — Safety Zone; Bogue national Cooperation, Department of De- of Legislative Affairs, Department of State, Sound, NC [COTP Wilmington 03-117] (RIN: fense, transmitting a copy of Transmittal transmitting the Department’s final rule — 1625-AA00) received August 19, 2003, pursuant No. 17-03 which informs you of our intent to Documentation of Nonimmigrants Under the to 5 U.S.C. 801(a)(1)(A); to the Committee on sign a Memorandum of Understanding (MOU) Immigration and Nationality Act, as amend- Transportation and Infrastructure. concerning the Coordination of Production ed: Automatic Visa Revalidation — received 4106. A letter from the Chief, Regulations and Support of the Lightweight 155MM (LW September 2, 2003, pursuant to 5 U.S.C. and Administrative Law, USCG, Department 155) Towed Field Howitzer between the 801(a)(1)(A); to the Committee on the Judici- of Homeland Security, transmitting the De- United States and the United Kingdom, pur- ary. partment’s final rule — Security Zones; suant to 22 U.S.C. 2767(f); to the Committee 4096. A letter from the Secretary of the Tampa Bay, Florida [COTP Tampa-03-079] on International Relations. Commission, Federal Trade Commission, (RIN: 1625-AA00) received August 19, 2003, 4085. A letter from the Assistant Adminis- transmitting the Commission’s final rule — pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- trator Bureau for Legislative and Public Af- Policy Statement on Monetary Equitable mittee on Transportation and Infrastruc- fairs, U.S. Agency for International Develop- Remedies in Competition Cases — received ture. ment, transmitting the Agency’s 2001 Annual September 2, 2003, pursuant to 5 U.S.C. 4107. A letter from the Chief, Regulations Report on Title XII — ‘‘Bringing Farmers 801(a)(1)(A); to the Committee on the Judici- and Administrative Law, USCG, Department into Global Trade’’ as required by section 300 ary. of Homeland Security, transmitting the De- of the Foreign Assistance Act of 1961, as 4097. A letter from the Deputy Executive partment’s final rule — Safety Zone; Sailing amended; to the Committee on International Director, Reserve Officers Association, Vessels Red Witch, Pride of Baltimore II, Relations. transmitting the Association’s report of Larinda, True North, Nina, HMS Bounty, 4086. A letter from the Chair, Board of Di- audit for the year ending March 31, 2003, pur- Fair Jeanne —— Kenosha, Wisconsin [CGD09- rectors, Corporation for Public Broadcasting, suant to 36 U.S.C. 1101(41) and 1103; to the 03-246] (RIN: 1625-AA97) received August 19, transmitting the semiannual report of the Committee on the Judiciary. 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the Office of the Inspector General for the period 4098. A letter from the Acting Assistant Committee on Transportation and Infra- ending March 31, 2003, pursuant to 5 U.S.C. Secretary for Indian Affairs, Department of structure. app. (Insp. Gen. Act) section 5(b); to the the Interior, transmitting the Department’s 4108. A letter from the Chief, Regulations Committee on Government Reform. final rule — Distribution of Fiscal Year 2003 and Administrative Law, USCG, Department 4087. A letter from the Human Resources Indian Reservation Roads Funds (RIN: 1076- of Homeland Security, transmitting the De- Specialist, Department of Defense, transmit- AE34) received August 12, 2003, pursuant to 5 partment’s final rule — Safety Zone; Red ting a report pursuant to the Federal Vacan- U.S.C. 801(a)(1)(A); to the Committee on Bull Flugtag, Lake Michigan, Chicago, IL cies Reform Act of 1998; to the Committee on Transportation and Infrastructure. [CGD09-03-253] (RIN: 1625-AA00) received Au- Government Reform. 4099. A letter from the Chief, Regulations gust 19, 2003, pursuant to 5 U.S.C. 4088. A letter from the Legal Counsel, and Administrative Law, USCG, Department 801(a)(1)(A); to the Committee on Transpor- Equal Employment Opportunity Commis- of Homeland Security, transmitting the De- tation and Infrastructure. sion, transmitting a report pursuant to the partment’s final rule — Special Local Regu- 4109. A letter from the Chief, Regulations Federal Vacancies Reform Act of 1998; to the lations for Marine Events; Atlantic Ocean, and Administrative Law, USCG, Department Committee on Government Reform. Atlantic City, NJ [CGD05-03-107] (RIN: 1625- of Homeland Security, transmitting the De- 4089. A letter from the Assistant Secretary AA08) received August 19, 2003, pursuant to 5 partment’s final rule — Safety Zone Regula- for Fish and Wildlife and Parks, Department U.S.C. 801(a)(1)(A); to the Committee on tions, New Tacoma Narrows Bridge Con- of the Interior, transmitting the Depart- Transportation and Infrastructure. struction Project [CGD13-03-025] (RIN: 1625- ment’s final rule — Migratory Bird Hunting; 4100. A letter from the Chief, Regulations AA00) received August 19, 2003, pursuant to 5 Early Seasons and Bag and Possession Lim- and Administrative Law, USCG, Department U.S.C. 801(a)(1)(A); to the Committee on its for Certain Migratory Game Birds in the of Homeland Security, transmitting the De- Transportation and Infrastructure. Contiguous United States, Alaska, Hawaii, partment’s final rule — Regulated Naviga- 4110. A letter from the Chief, Regulations Puerto Rico, and the Virgin Islands (RIN: tion Area; 2003 Gravity Games, Cleveland and Administrative Law, USCG, Department 1018-AI93) received August 26, 2003, pursuant Harbor, Cleveland, OH [CGD09-03-258] (RIN: of Homeland Security, transmitting the De- to 5 U.S.C. 801(a)(1)(A); to the Committee on 1625-AE11) received August 19, 2003, pursuant partment’s final rule — Security Zone; Long Resources. to 5 U.S.C. 801(a)(1)(A); to the Committee on Beach, CA [COTP Los Angeles-Long Beach 4090. A letter from the Assistant Secretary Transportation and Infrastructure. 03-007] (RIN: 1625-AA00) received August 19, for Fish and Wildlife and Parks, Department 4101. A letter from the Chief, Regulations 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the of the Interior, transmitting the Depart- and Administrative Law, USCG, Department Committee on Transportation and Infra- ment’s final rule — Migratory Bird Hunting: of Homeland Security, transmitting the De- structure.

VerDate jul 14 2003 04:49 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\L09SE7.000 H09PT1 H8080 CONGRESSIONAL RECORD — HOUSE September 9, 2003 4111. A letter from the Chief, Regulations partment of Homeland Security, transmit- 4130. A letter from the Secretary, Depart- and Administrative Law, USCG, Department ting the Department’s final rule — Safety ment of Transportation, transmitting A of Homeland Security, transmitting the De- Zone; Motor Vessel Fairlane Port Wash- draft of a bill design to undertake a restruc- partment’s final rule — Safety Zone; Lower ington, Wisconsin [CGD09-03-265] (RIN: 1625- turing of intercity passenger rail transpor- Mississippi River, Above Head of Passes, AA97) received September 2, 2003, pursuant tation in the United States that will in- Mile Marker 88.1 to 90.4, New Orleans, LA to 5 U.S.C. 801(a)(1)(A); to the Committee on crease management accountability and en- [COTP New Orleans-03-024] (RIN: 1625-AA00) Transportation and Infrastructure. courage response to market forces; to the received August 19, 2003, pursuant to 5 U.S.C. 4121. A letter from the Acting Chief, Regu- Committee on Transportation and Infra- 801(a)(1)(A); to the Committee on Transpor- lations and Administrative Law, USCG, De- structure. tation and Infrastructure. partment of Homeland Security, transmit- 4131. A letter from the Executive Vice 4112. A letter from the Chief, Regulations ting the Department’s final rule — Security President, River System Operations and En- and Administrative Law, USCG, Department and Safety Zones; Barge BEAUFORT 20, Ex- vironment, Tennessee Valley Authority, of Homeland Security, transmitting the De- plosive On-Load and Transit, Puget Sound, transmitting the Authority’s final rule — partment’s final rule — Security and Safety WA [CGD13-03-029] (RIN: 1625-AA00) received Approval of Construction in the Tennessee Zone; Protection of Large Passenger Vessels, September 2, 2003, pursuant to 5 U.S.C. River System; Regulation of Structures; Puget Sound, WA [CGD13-03-026] (RIN: 1625- 801(a)(1)(A); to the Committee on Transpor- Residential Related Use on TVA-Controlled AA00) received August 19, 2003, pursuant to 5 tation and Infrastructure. Residential Access Shoreland and TVA Flow- U.S.C. 801(a)(1)(A); to the Committee on 4122. A letter from the Attorney-Advisor, age Easement Shoreland (RIN: 3316-AA19) re- Transportation and Infrastructure. NHTSA, Department of Transportation, ceived August 19, 2003, pursuant to 5 U.S.C. 4113. A letter from the Chief, Regulations transmitting the Department’s final rule — 801(a)(1)(A); to the Committee on Transpor- and Administrative Law, USCG, Department Operation of Motor Vehicles by Intoxicated tation and Infrastructure. of Homeland Security, transmitting the De- Persons [Docket No. NHTSA-2002-13680] (RIN: 4132. A letter from the Director, Regula- partment’s final rule — Drawbrige Operation 2127-AI44) received August 21, 2003, pursuant tions Management, Department of Veteran’s Regulations; St. Johns River, mile 24.7 at to 5 U.S.C. 801(a)(1)(A); to the Committee on Affairs, transmitting the Department’s final Jacksonville, Duval County, Florida [CGD07- Transportation and Infrastructure. rule — Effective Dates of Benefits for Dis- 03-131] (RIN: 1625-AA09) received August 19, 4123. A letter from the Senior Regulations ability or Death Caused By Herbicide Expo- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the Analyst, Department of Transportation, sure; Disposition of Unpaid Benefits After Committee on Transportation and Infra- transmitting the Department’s final rule — Death of Beneficiary (RIN: 2900-AL37) re- Oversales Signs [Docket No. OST-96-1255] structure. ceived August 26, 2003, pursuant to 5 U.S.C. (RIN: 2105-AC45) received September 2, 2003, 4114. A letter from the Chief, Regulations 801(a)(1)(A); to the Committee on Veterans’ pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and Administrative Law, USCG, Department Affairs. of Homeland Security, transmitting the De- mittee on Transportation and Infrastruc- 4133. A letter from the Chief, Regulations partment’s final rule — Drawbridge Oper- ture. Branch, Bureau of Customs and Border Pro- 4124. A letter from the Attorney, RSPA, ating Regulation; Illinois Waterway, Joliet, tection, Department of Homeland Security, Department of Transportation, transmitting IL [CGD08-03-031] received August 19, 2003, transmitting the Department’s final rule — the Department’s final rule — Hazardous Ma- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Tonnage Duties--Revised Amounts [CBP De- terials: Requirements for Cargo Tanks mittee on Transportation and Infrastruc- cision 03-16] (RIN: 1515-AD35) received Au- [Docket No. RSPA-98-3554 (HM-213)] (RIN: ture. 2137-AC90) received September 2, 2003, pursu- gust 12, 2003, pursuant to 5 U.S.C. 4115. A letter from the Chief, Regulations ant to 5 U.S.C. 801(a)(1)(A); to the Committee 801(a)(1)(A); to the Committee on Ways and and Administrative Law, USCG, Department on Transportation and Infrastructure. Means. of Homeland Security, transmitting the De- 4125. A letter from the Program Analyst, 4134. A letter from the Chief, Regulations partment’s final rule — Drawbrige Operation FAA, Department of Transportation, trans- Branch, Bureau of Customs and Border Pro- Regulations; Atlantic Intracoastal Water- mitting the Department’s final rule — Dig- tection, Department of Homeland Security, way, mile 964.8 at Fort Pierce, St. Lucie ital Flight Data Recorder Requirements — transmitting the Department’s final rule — County, Florida [CGD07-03-071] (RIN: 1625- Changes to Recording Specifications and Ad- Changes to Customs and Border Protection AA09) received August 19, 2003, pursuant to 5 ditional Exceptions [Docket No. FAA-2003- List of Designated Public International Or- U.S.C. 801(a)(1)(A); to the Committee on 15682; Amendment Nos. 121-288, 125-42, 135-84] ganizations (CBP Dec. 03-21) received August Transportation and Infrastructure. (RIN: 2120-AH81) received September 2, 2003, 19, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to 4116. A letter from the Acting Chief, Regu- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Committee on Ways and Means. lations and Administrative Law, USCG, De- mittee on Transportation and Infrastruc- 4135. A letter from the Chief, Regulations partment of Homeland Security, transmit- ture. Branch, Bureau of Customs and Border Pro- ting the Department’s final rule — Security 4126. A letter from the Program Analyst, tection, Department of Homeland Security, Zones; Tampa Bay, Port of Tampa, Port of FAA, Department of Transportation, trans- transmitting the Department’s final rule — Saint Petersburg, Port Manatee, Rattle- mitting the Department’s final rule — DOD Manufacturing Substitution Drawback: Duty snake, Old Port Tampa, and Crystal River, Commercial Air Carrier Evaluators [Docket Apportionment [CBP Dec. 03-23] (RIN: 1515- Florida [COTP Tampa 02-053] (RIN: 1625- No. FAA-2003-15571; Amdt Nos. 119-8, 121-286, AD02) received August 19, 2003, pursuant to 5 AA00) received September 2, 2003, pursuant and 135-83] (RIN: 2120-AI00) received Sep- U.S.C. 801(a)(1)(A); to the Committee on to 5 U.S.C. 801(a)(1)(A); to the Committee on tember 2, 2003, pursuant to 5 U.S.C. Ways and Means. Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- 4136. A letter from the Chief, Regulations 4117. A letter from the Acting Chief, Regu- tation and Infrastructure. Branch, Bureau of Customs and Border Pro- lations and Administrative Law, USCG, De- 4127. A letter from the Program Analyst, tection, Department of Homeland Security, partment of Homeland Security, transmit- FAA, Department of Transportation, trans- transmitting the Department’s final rule — ting the Department’s final rule — Special mitting the Department’s final rule — Revi- Delegations of Authority: Signature of Cus- Local Regulations for Marine Events; Hamp- sion of Public Aircraft Definition [Docket toms and Border Protection Regulations ton River, Hampton, VA [CGD05-03-125] (RIN: No. FAA-2003-15134; Amdt. Nos. 1-51 and 11-48] Published in Federal Register [CBP Dec. 03- 1625-AA08) received September 2, 2003, pursu- [Docket No. DOT 20860] received September 24] (RIN: 1515-AD39) received August 26, 2003, ant to 5 U.S.C. 801(a)(1)(A); to the Committee 2, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- on Transportation and Infrastructure. the Committee on Transportation and Infra- mittee on Ways and Means. 4118. A letter from the Chief, Regulations structure. 4137. A letter from the Chief, Regulations and Administrative Law, USCG, Department 4128. A letter from the Program Analyst, Branch, Bureau of Customs and Border Pro- of Homeland Security, transmitting the De- FAA, Department of Transportation, trans- tection, Department of Homeland Security, partment’s final rule — Drawbridge Oper- mitting the Department’s final rule — transmitting the Department’s final rule — ation Regulation; Islais Creek, San Fran- Flightdeck Security on Largo Cargo Air- Extension of Emergency Import Restictions cisco, CA [CGD11-03-004] (RIN: 1625-AA09) re- planes [Docket No. FAA-2003-15653; Amend- Imposed on Ethnological Material from Cy- ceived August 22, 2003, pursuant to 5 U.S.C. ment Nos. 121-287 and 129-37] (RIN: 2120-AH96) prus [CBP Dec. 03-25] (RIN: 1515-AD38) re- 801(a)(1)(A); to the Committee on Transpor- received September 2, 2003, pursuant to 5 ceived August 26, 2003, pursuant to 5 U.S.C. tation and Infrastructure. U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Ways and 4119. A letter from the Acting Chief, Regu- Transportation and Infrastructure. Means. lations and Administrative Law, USCG, De- 4129. A letter from the Trial Attorney, Fed- 4138. A letter from the Secretary, Depart- partment of Homeland Security, transmit- eral Railroad Administration, Department of ment of Homeland Security, transmitting a ting the Department’s final rule — Safety Transportation, transmitting the Depart- draft bill entitled, ‘‘To Extend the Consoli- Zone; Patapsco River, Northwest and Inner ment’s final rule — Railroad Locomotive dated Omnibus Budget Reconciliation Act Harbors, Baltimore, MD [CGD05-03-122] (RIN: Safety Standards: Clarifying Amendments; Customs User Fees,’’ pursuant to 19 U.S.C. 1625-AA00) received September 2, 2003, pursu- Headlights and Auxiliary Lights [Docket No. 58(c); to the Committee on Ways and Means. ant to 5 U.S.C. 801(a)(1)(A); to the Committee FRA-2003-14217; Notice No. 1] (RIN: 2130- 4139. A letter from the Chief, Regulations on Transportation and Infrastructure. AB58) received September 2, 2003, pursuant Unit, Internal Revenue Service, transmitting 4120. A letter from the Acting Chief, Regu- to 5 U.S.C. 801(a)(1)(A); to the Committee on the Service’s final rule — Offers in Com- lations and Administrative Law, USCG, De- Transportation and Infrastructure. promise (Rev. Proc. 2003-71) received August

VerDate jul 14 2003 04:49 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\L09SE7.000 H09PT1 September 9, 2003 CONGRESSIONAL RECORD — HOUSE H8081 26, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to for consideration of the bill (H.R. 2622) to ties for the furnishing of water, and sewage the Committee on Ways and Means. amend the Fair Credit Reporting Act, to pre- facilities; to the Committee on Ways and 4140. A letter from the Chief, Regulations vent identity theft, improve resolution of Means. Unit, Internal Revenue Service, transmitting consumer disputes, improve the accuracy of By Mr. CALVERT (for himself, Mr. the Service’s final rule — Low-Income Hous- consumer records, make improvements in THOMPSON of California, Mr. ENGLISH, ing Credit (Rev. Rul. 2003-93) received August the use of, and consumer access to, credit in- Mr. MCHUGH, Mr. RADANOVICH, Mr. 26, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to formation, and for other purposes (Rept. 108– REYNOLDS, Mr. POMBO, Ms. ESHOO, the Committee on Ways and Means. 267). Referred to the House Calendar. Mr. GOODE, Mr. MCINNIS, and Mr. 4141. A letter from the Chief, Regulations HOUGHTON): f Unit, Internal Revenue Service, transmitting H.R. 3043. A bill to amend the Internal Rev- the Service’s final rule — Determination of PUBLIC BILLS AND RESOLUTIONS enue Code of 1986 with respect to the treat- Issue Price in the Case of Certain Debt In- ment of crops destroyed by casualty; to the struments Issued for Property (Rev. Rul. Under clause 2 of rule XII, public Committee on Ways and Means. 2003-101) received August 26, 2003, pursuant to bills and resolutions were introduced By Mr. COOPER: 5 U.S.C. 801(a)(1)(A); to the Committee on and severally referred, as follows: H.R. 3044. A bill to amend the Tennessee Ways and Means. By Mr. HOUGHTON (for himself and Valley Authority Act of 1933 to modify provi- sions relating to the Board of Directors of 4142. A letter from the Chief, Regulations Mr. POMEROY): Unit, Internal Revenue Service, transmitting H.R. 3035. A bill to establish an informatics the Tennessee Valley Authority, and for the Service’s final rule — Rulings and deter- grant program for hospitals and skilled nurs- other purposes; to the Committee on Trans- mination letters (Rev. Proc. 2003-72) received ing facilities in order to encourage health portation and Infrastructure. September 2, 2003, pursuant to 5 U.S.C. care providers to make major information By Mr. DREIER (for himself and Ms. 801(a)(1)(A); to the Committee on Ways and technology advances; to the Committee on WATERS): H.R. 3045. A bill to amend section 105 of the Means. Ways and Means, and in addition to the Com- Housing and Community Development Act of 4143. A letter from the Under Secretary, mittee on Energy and Commerce, for a pe- 1974 to permanently extend the public serv- Department of Defense, transmitting the De- riod to be subsequently determined by the ice cap exemption for certain grantees under partment’s notification to Congress of deter- Speaker, in each case for consideration of the community development block grant minations that institutions of higher edu- such provisions as fall within the jurisdic- program; to the Committee on Financial cation have a policy or practice of denying tion of the committee concerned. Services. military recruiting personnel entry to cam- By Mr. SENSENBRENNER (for himself By Mr. GALLEGLY: puses, access to students on campus, or ac- and Mr. CONYERS): H.R. 3046. A bill to correct and improve the cess to student recruiting information, pur- H.R. 3036. A bill to authorize appropria- prohibition against terrorism transcending suant to 10 U.S.C. 983; jointly to the Commit- tions for the Department of Justice for fiscal national boundaries, and for other purposes; tees on Armed Services and Education and years 2004 through 2006, and for other pur- to the Committee on the Judiciary. the Workforce. poses; to the Committee on the Judiciary. 4144. A letter from the Secretary, Depart- By Mr. MEEHAN: By Mr. FEENEY: H.R. 3047. A bill to prevent the sale of to- ment of Health and Human Services, trans- H.R. 3037. A bill to strengthen mitting a report on the FY 2001 Low Income bacco products to minors by means of elec- antiterrorism investigative tools, and for tronic or mail-order sales, and for other pur- Home Energy Assistance Program (LIHEAP), other purposes; to the Committee on the Ju- pursuant to 42 U.S.C. 8629(b); jointly to the poses; to the Committee on Energy and Com- diciary. merce. Committees on Energy and Commerce and By Mr. BILIRAKIS (for himself and Mr. Education and the Workforce. By Mr. OTTER: BROWN of Ohio): H.R. 3048. A bill to limit assistance for the 4145. A letter from the Secretary, Depart- H.R. 3038. A bill to make certain technical Palestinian Authority and the Palestinian ment of Energy, transmitting notification to and conforming amendments to correct the people during fiscal year 2004; to the Com- Congress of legislation to allow the Depart- Health Care Safety Net Amendments of 2002; mittee on International Relations. ment of Energy (DOE), in consultation with to the Committee on Energy and Commerce. By Mr. STRICKLAND (for himself, Mr. the Nuclear Regulatory Commission (NRC), By Mr. COLE (for himself, Mr. ALLEN, Mr. ROSS, and Mrs. JONES of to address management and disposal of high- BOEHNER, Mr. MCKEON, Mr. ISAKSON, Ohio): level radioactive wastes safely and coast ef- Mr. GREENWOOD, Mr. TIBERI, Mr. KEL- H.R. 3049. A bill to amend part A of title I fectively; jointly to the Committees on En- LER, Mr. WILSON of South Carolina, of the Elementary and Secondary Education ergy and Commerce and Science. Mr. CARTER, Mr. BURNS, Mr. HOUGH- Act of 1965 regarding adequate yearly 4146. A letter from the Regulations Coordi- TON, Ms. ROS-LEHTINEN, Mr. progress and assessments; to the Committee nator, Department of Health and Human NEUGEBAUER, and Mr. NUNES): on Education and the Workforce. Services, transmitting the Department’s H.R. 3039. A bill to expand opportunities By Mr. STUPAK: final rule — Medicare Program; Electronic for postsecondary education, and for other H.R. 3050. A bill to provide a 10 percent in- Submission of Cost Reports [CMS-1199-F] purposes; to the Committee on Education crease in the rate of basic pay for members (RIN: 0938-AL51) received August 26, 2003, and the Workforce. of the uniformed services; to the Committee pursuant to 5 U.S.C. 801(a)(1)(A); jointly to By Mr. GOODLATTE (for himself, Mr. on Armed Services. the Committees on Ways and Means and En- SMITH of Texas, Mr. CARTER, and Mr. By Mr. STUPAK: ergy and Commerce. FORBES): H.R. 3051. A bill to pay a one-time bonus to 4147. A letter from the Secretary, Depart- H.R. 3040. A bill to strengthen to enhance members of the Armed Forces who served or ment of Veterans Affairs, transmitting a public safety through pretrial detention and serve in a combat zone designated for Oper- draft bill, ‘‘To amend Title 38, United States postrelease supervision of terrorists, and for ation Iraqi Freedom or Operation Enduring Code, to enhance the ability of the Depart- other purposes; to the Committee on the Ju- Freedom, and for other purposes; to the ment of Veterans Affairs to care for vet- diciary. Committee on Armed Services, and in addi- erans, and for other purposes’’; jointly to the By Mr. BILIRAKIS: tion to the Committee on Transportation Committees on Veterans’ Affairs, Govern- H.R. 3041. A bill to amend title 38, United and Infrastructure, for a period to be subse- ment Reform, and the Budget. States Code, to extend the period during quently determined by the Speaker, in each f which a member of the Armed Forces may case for consideration of such provisions as enroll for educational assistance under the fall within the jurisdiction of the committee REPORTS OF COMMITTEES ON Montgomery GI Bill; to the Committee on concerned. PUBLIC BILLS AND RESOLUTIONS Veterans’ Affairs, and in addition to the By Mr. TANCREDO (for himself, Mr. Under clause 2 of rule XIII, reports of Committee on Armed Services, for a period KING of Iowa, Mr. HEFLEY, Mr. BART- committees were delivered to the Clerk to be subsequently determined by the Speak- LETT of Maryland, Mr. SMITH of er, in each case for consideration of such pro- for printing and reference to the proper Texas, Mr. DEAL of Georgia, and Mr. visions as fall within the jurisdiction of the GOODE): calendar, as follows: committee concerned. H.R. 3052. A bill to amend title 23, United Mr. OXLEY: Committee on Financial Serv- By Mr. BRADY of Texas (for himself, States Code, to discourage States from ices. Supplemental report on H.R. 2622. A bill Mr. SANDLIN, Mr. GREEN of Texas, issuing an identification card or driver’s li- to amend the Fair Credit Reporting Act, to Mr. HINOJOSA, Mr. SESSIONS, Mr. cense to an alien not legally authorized to be prevent identity theft, improve resolution of CARTER, and Ms. GRANGER): in the United States; to the Committee on consumer disputes, improve the accuracy of H.R. 3042. A bill to amend the Internal Rev- Transportation and Infrastructure. consumer records, make improvements in enue Code of l986 to permit the issuance of By Mr. WEXLER: the use of, and consumer access to, credit in- tax-exempt bonds for certain air and water H.R. 3053. A bill to amend the Internal Rev- formation, and for other purposes (Rept. 108– pollution control facilities and to provide enue Code of 1986 to increase the top two in- 263, Pt. 2). that the volume cap for private activity dividual income tax rates and to repeal the Mr. SESSIONS: Committee on Rules. bonds shall not apply to bonds for such air capital gains treatment of dividend income, House Resolution 360. Resolution providing and water pollution control facilities, facili- and to use the revenue therefrom to make

VerDate jul 14 2003 04:49 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\L09SE7.000 H09PT1 H8082 CONGRESSIONAL RECORD — HOUSE September 9, 2003

emergency supplemental appropriations for of Minnesota, Mr. MCHUGH, Mr. CAR- to Assembly Resolution No. 34 memori- fiscal year 2004 for military operations in SON of Oklahoma, Ms. HARRIS, Mr. alizing the Congress of the United States to Iraq and in support of the global war on ter- SESSIONS, and Mr. GREEN of Texas): revise the definition of ‘‘resources’’ as it ap- rorism and for the relief and reconstruction H. Res. 362. A resolution recognizing the plies to the ‘‘Medicare Catastrophic Cov- of Iraq and Afghanistan; to the Committee importance and contributions of sportsmen erage Act of 1988,’’ so that a community on Ways and Means, and in addition to the to American society, supporting the tradi- spouse’s IRAor pension plan is not included Committee on Appropriations, for a period to tions and values of sportsmen, and recog- in the calculation of a couple’s resources for be subsequently determined by the Speaker, nizing the many economic benefits associ- the purposes of determining Medicaid eligi- in each case for consideration of such provi- ated with outdoor sporting activities; to the bility for nursing home care; jointly to the sions as fall within the jurisdiction of the Committee on Resources. Committees on Ways and Means and Energy committee concerned. By Mr. WEXLER (for himself and Mr. and Commerce. By Mr. HYDE (for himself, Mr. LANTOS, SHAW): 201. Also, a memorial of the General As- Mr. COX, Mr. KIRK, Mr. ROYCE, Mr. H. Res. 363. A resolution recognizing the sembly of the State of New Jersey, relative SMITH of New Jersey, Mr. GREEN of achievements of SUPERB (Students United to Assembly Resolution No. 105 memori- Wisconsin, Mr. PITTS, Mr. BEREUTER, with Parents and Educators to Resolve Bul- alizing the Congress of the United States to Mr. HOUGHTON, Ms. ROS-LEHTINEN, lying) and its founders Jeremy and Sharon pass, and the President to sign into law, leg- Mr. BERMAN, Mr. ACKERMAN, Mr. Ring to address the growing problem of bul- islation that would stabilize and provide ENGEL, Mr. CROWLEY, Mr. KENNEDY of lying in the Nation’s schools; to the Com- funding equity to the MedicareChoice pro- Rhode Island, Mr. PAYNE, Mr. MEEKS mittee on Education and the Workforce. gram; jointly to the Committees on Ways of New York, Mrs. NAPOLITANO, Mrs. By Mr. WEXLER (for himself, Ms. and Means and Energy and Commerce. LOWEY, and Mr. MENENDEZ): SCHAKOWSKY, Mr. HOEFFEL, Mr. 202. Also, a memorial of General Assembly H. Con. Res. 274. Concurrent resolution MEEKS of New York, Mr. DEFAZIO, of the State of New Jersey, relative to As- commending the National Endowment for Ms. LEE, Mr. BROWN of Ohio, Mr. sembly Resolution No. 207 memorializing the Democracy for its contributions to demo- EMANUEL, Mr. FARR, Mr. ABER- President and the Congress of the United cratic development around the world on the CROMBIE, Mr. ENGEL, Ms. WATSON, Mr. States to adopt a more effective approach to occasion of the 20th anniversary of the estab- DELAHUNT, Mr. HASTINGS of Florida, handling domestic security and terrorism lishment of the National Endowment for De- Mr. ACKERMAN, Mr. KUCINICH, Mr. preparedness issues through better national mocracy; to the Committee on International MEEHAN, Mr. GEORGE MILLER of Cali- coordination, resource support, and political Relations. fornia, Mr. BERMAN, Mr. TIERNEY, Mr. leadership, and to take into considerartion By Mr. ANDREWS: MCDERMOTT, Mr. MENENDEZ, Mr. certain recommendations based upon the re- H. Con. Res. 275. Concurrent resolution ex- GRIJALVA, Mr. MARKEY, Mr. port issued by the Independent Task Force; pressing the sense of Congress that all air- BLUMENAUER, Mr. BELL, and Mrs. jointly to the Committees on the Judiciary, port screening functions should continue to MALONEY): Energy and Commerce, Agriculture, Trans- be performed by Federal employees and that H. Res. 364. A resolution of inquiry request- portation and Infrastructure, and Armed all employees of the Transportation Security ing the President to transmit to the House of Services. Administration, including Federal airport Representatives not later than 14 days after screeners, should be permitted to engage in the date of adoption of this resolution the re- f collective bargaining and be represented in port prepared for the Joint Chiefs of Staff collective bargaining by a representative or entitled ‘‘Operation Iraqi Freedom Strategic ADDITIONAL SPONSORS organization of their choosing; to the Com- Lessons Learned‘‘and documents in his pos- Under clause 7 of rule XII, sponsors mittee on Transportation and Infrastruc- session on the reconstruction and security of were added to public bills and ture, and in addition to the Committee on post-war Iraq; to the Committee on Armed Government Reform, for a period to be sub- Services, and in addition to the Committee resolutons as follows: sequently determined by the Speaker, in on International Relations, for a period to be H.R. 31: Mr. PLATTS and Mr. BURNS. each case for consideration of such provi- subsequently determined by the Speaker, in H.R. 82: Mr. CAPUANO. sions as fall within the jurisdiction of the each case for consideration of such provi- H.R. 141: Mr. ISAKSON. committee concerned. sions as fall within the jurisdiction of the H.R. 142: Mr. DREIER. By Mr. ROTHMAN (for himself, Ms. committee concerned. H.R. 167: Mr. ROTHMAN. H.R. 195: Mr. WOLF. PELOSI, Mr. LANTOS, Mr. WOLF, Mr. f SMITH of New Jersey, Mrs. LOWEY, H.R. 260: Mr. SHERMAN. Mr. KIRK, Mr. FALEOMAVAEGA, Mr. MEMORIALS H.R. 284: Ms. BALDWIN, Mr. MOORE, Ms. RAMSTAD, and Mr. WELDON of Penn- Under clause 3 of rule XII, memorials SCHAKOWSKY, Mr. SESSIONS, and Mr. NOR- sylvania): were presented and referred as follows: WOOD. H. Res. 359. A resolution welcoming His Ho- H.R. 303: Mr. HOSTETTLER. 197. The SPEAKER presented a memorial liness the Fourteenth Dalai Lama and recog- H.R. 339: Mr. LUCAS of Kentucky. of the General Assembly of the State of New nizing his commitment to non-violence, H.R. 348: Mr. GOODE. Jersey, relative to Assembly Resolution No. human rights, freedom, and democracy; to H.R. 369: Mr. REGULA. 41 memorializing the President and the Con- the Committee on International Relations. H.R. 370: Mr. ANDREWS. gress of the United States to increase federal By Mr. DEAL of Georgia (for himself, H.R. 391: Mr. WOLF. funding to the states for child lead poisoning Mr. BURNS, Mr. COLLINS, Mr. H.R. 466: Mr. STRICKLAND. screening programs, and to especially ensure GINGREY, Mr. ISAKSON, Mr. KINGSTON, H.R. 490: Mrs. LOWEY and Mr. STARK. the availability of adequate funding to pro- Mr. LINDER, and Mr. NORWOOD): H.R. 501: Mr. LAHOOD. vide lead poisoning screening for all Med- H. Res. 361. A resolution expressing the H.R. 527: Mrs. LOWEY and Mr. SPRATT. icaid-eligible children; to the Committee on condolences of the House of Representatives H.R. 528: Ms. LEE, Mr. GERLACH, Mr. KLINE, Energy and Commerce. upon the death on September 3, 2003, of the 198. Also, a memorial of the General As- Mr. DELAHUNT, and Mr. MCKEON. late General Raymond G. Davis (United sembly of the State of New Jersey, relative H.R. 580: Mr. FROST. States Marine Corps, retired) and expressing to Assembly Resolution No. 219 urging Con- H.R. 594: Mr. VITTER and Mr. GARRETT of the appreciation and admiration of the gress to enact legislation providing reim- New Jersey. House for the unwavering commitment dem- bursement of health care-related expenses H.R. 610: Mr. BROWN of Ohio. onstrated by General Davis to his family, the incurred between 1995 and 2001 by veterans of H.R. 648: Mr. MCCOTTER. Marine Corps, and the Nation; to the Com- the Armed Forces who between 1941 and 1956 H.R. 673: Mr. MORAN of Kansas. mittee on Armed Services. were promised free lifetime health care in re- H.R. 685: Mr. GONZALEZ. By Mr. WALSH (for himself, Mr. BOEH- turn for 20 years of military service; to the H.R. 720: Mr. WELDON of Florida. LERT, Mr. HAYES, Mr. THOMPSON of Committee on Veterans’ Affairs. H.R. 734: Mr. STARK, Ms. LINDA T. SANCHEZ California, Mr. GIBBONS, Mr. BOS- 199. Also, a memorial of the General As- of California, Ms. JACKSON-LEE of Texas, Mr. WELL, Mr. ROGERS of Michigan, Mr. sembly of the State of New Jersey, relative GRIJALVA, and Mr. MOORE. ROSS, Mr. KIND, Mr. JOHN, Mr. SIM- to Assembly Resolution No. 35 memori- H.R. 736: Mr. STARK. MONS, Mr. WICKER, Mr. FEENEY, Mr. alizing the Congress of the United States to H.R. 808: Mr. NUSSLE. JEFFERSON, Mr. DINGELL, Mr. RA- enact legislation giving federal income tax- H.R. 857: Mrs. NAPOLITANO. HALL, Mr. JANKLOW, Mr. UDALL of payers who forego compensated employment H.R. 869: Mrs. CUNNINGHAM. Colorado, Mr. CASE, Mr. MICHAUD, in order to remain at home and personally H.R. 876: Mr. VISCLOSKY. Mr. BERRY, Mr. RYAN of Wisconsin, provide care to their children and other de- H.R. 911: Mr. MARKEY, Mr. LEVIN, Mr. Mr. DOOLITTLE, Mr. GOODE, Mr. pendents a tax benefit comparable to that SPRATT, Mr. MENENDEZ, Mr. FROST, Mr. BALLENGER, Mr. SPRATT, Mr. currently given to wage earners who pay LAHOOD, Mr. DEMINT, Mr. SCHIFF, Mr. OSBORNE, Mr. SNYDER, Mr. POMEROY, others to provide such care; to the Com- HASTINGS of Florida, Mr. GOODLATTE, Ms. Mr. ROGERS of Kentucky, Ms. GINNY mittee on Ways and Means. GRANGER, Ms. JACKSON-LEE of Texas, Mrs. BROWN-WAITE of Florida, Mr. ISTOOK, 200. Also, a memorial of the General As- MCCARTHY of New York, Mrs. TAUSCHER, Mr. Mr. YOUNG of Alaska, Mr. PETERSON sembly of the State of New Jersey, relative HINOJOSA, Mr. GONZALEZ, Mr. SANDLIN, Mr.

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ALLEN, Mr. DAVIS of Florida, Mr. MORAN of H.R. 1819: Mr. MATHESON and Mr. H.R. 2719: Mr. WAMP, Mrs. TAUSCHER, Mr. Kansas, Mr. SKELTON, Mr. PETERSON of Min- MCCOTTER. JONES of North Carolina, Mr. DEUTSCH, and nesota, Mr. LANGEVIN, Mr. HUNTER, Mr. H.R. 1874: Mr. SNYDER, Mr. GORDON, and Mr. ABERCROMBIE. SCOTT of Georgia, Mr. NADLER, Mr. BELL, Mr. Mrs. CAPPS. H.R. 2727: Mr. ABERCROMBIE. KIND, Ms. LORETTA SANCHEZ of California, H.R. 1886: Mr. LUCAS of Kentucky, Mr. H.R. 2743: Mr. TERRY and Mr. ISAKSON. Mr. WU, Mr. RAHALL, Mr. COLLINS, Ms. SHAYS, and Mr. BAIRD. H.R. 2762: Mr. NEUGEBAUER. DELAURO Mr. CRAMER Mr. BRADY of Pennsyl- H.R. 1910: Mr. BAIRD. H.R. 2763: Mr. NEUGEBAUER. vania, Mr. HOLDEN, Mr. BLUNT, Mr. RADANO- H.R. 1916: Ms. BERKLEY, Mr. SCHIFF, Mr. H.R. 2768: Mr. MOORE, Mr. UDALL of Colo- VICH Mr. WELDON of Pennsylvania, Mr. BACA, Mr. ALLEN, Mr. GORDON, and Mr. STU- rado, Mr. COBLE, Mr. GREEN of Texas, Mr. SAXTON Mr. COX, Mr. BRADY of Texas, Mr. PAK. SKELTON, MR. SPRATT, Mr. BROWN of South PORTMAN, Mr. ADERHOLT, Mr. FARR, Mr. H.R. 1930: Mr. MCGOVERN. Carolina, and Mr. DOGGETT. RODRIGUEZ, Mr. THORNBERRY, Mr. MCINTYRE, H.R. 1951: Ms. MCCOLLUM and Mr. MATHE- H.R. 2776: Mr. REHBERG. Mr. WAMP, Mr. STENHOLM, Mr. MOORE, Mr. SON. H.R. 2787: Mr. NEAL of Massachusetts. H.R. 2823: Mr. UPTON, Ms. EDDIE BERNICE HILL, Mr. PALLONE, Mr. BROWN of Ohio, Mr. H.R. 1964: Mr. WELDON of Pennsylvania. JOHNSON of Texas, and Mr. KINGSTON. TOM DAVIS of Virginia, Ms. PELOSI, Mr. VAN H.R. 1981: Mr. DEUTSCH. H.R. 2829: Mr. KLECZKA. HOLLEN, Mr. HOYER, Mr. LARSON of Con- H.R. 1993: Mr. FROST. H.R. 1994: Mr. LOBIONDO and Mr. FROST. H.R. 2849: Mr. PRICE of North Carolina. necticut, Mr. LUCAS of Kentucky, Mr. H.R. 1998: Mr. DEUTSCH. H.R. 2851: Ms. HART, Mr. BARRETT of South PASCRELL, Mr. ROSS, Mr. DELAY, Mrs. H.R. 2015: Ms. HOOLEY of Oregon. Carolina, and Mr. LINDER. MALONEY, Mr. FORD, Mr. SCOTT of Virginia, H.R. 2045: Mr. CULBERSON, Mr. BOOZMAN, H.R. 2872: Mr. PAYNE, Ms. CARSON of Indi- Mr. RUPPERSBERGER, Mrs. LOWEY, Mr. PENCE, and Mr. CRENSHAW. ana, Mr. MCGOVERN, and Mr. WEXLER. Mr. EMANUEL, Mr. THOMPSON of Mississippi, H.R. 2047: Mr. DUNCAN. H.R. 2885: Mr. SAM JOHNSON of Texas, Mr. Mr. BISHOP of Georgia, Mr. SHAYS, Mr. H.R. 2079: Mr. WICKER and Mr. SHIMKUS. AKIN, and Mr. FEENEY. CULBERSON, Mr. FRANK of Massachusetts, Mr. H.R. 2107: Mr. ABERCROMBIE, Mr. FILNER, H.R. 2891: Mr. TOWNS, Ms. LEE, Mr. GUTIER- MEEHAN, Mr. DOYLE, Mr. HOEFFEL, Mr. KAN- and Ms. LOFGREN. REZ, Mr. COSTELLO, and Mr. COOPER. JORSKI NYDER ASTLE OODE , Mr. S , Mr. C , Mr. G , H.R. 2124: Mr. GUTIERREZ and Mr. SNYDER. H.R. 2898: Mr. DAVIS of Tennessee, Mr. Mr. NUSSLE, Mr. OSE, Mr. POMBO, Ms. SOLIS, H.R. 2134: Ms. BALDWIN. HOEFFEL, Mr. DEUTSCH, Mr. GREENWOOD, Mrs. Mr. BOYD, Mr. DAVIS of Tennessee, Mr. JONES H.R. 2173: Mr. ALEXANDER and Ms. BALD- LOWEY, Mr. ACKERMAN, and Mr. WELLER. of North Carolina, Mr. REYNOLDS, Mr. WIN. H.R. 2932: Ms. KAPTUR, Ms. LOFGREN, Ms. FATTAH, Mr. JACKSON of Illinois, Ms. H.R. 2181: Mr. GILLMOR. MCCOLLUM, Mr. BLUMENAUER, and Mr. DEGETTE, Mr. LEWIS of Georgia, and Ms. H.R. 2203: Ms. DEGETTE and Mrs. LOWEY. WEXLER. EDDIE BERNICE JOHNSON of Texas. H.R. 2216: Ms. EDDIE BERNICE JOHNSON of H.R. 2968: Mr. HAYWORTH, Mr. WAMP, and H.R. 919: Mr. HEFLEY, Mr. LEWIS of Ken- Texas. Mr. ISAKSON. tucky, Mr. GEPHARDT, and Mr. BRADLEY of H.R. 2237: Mr. WOLF. H.R. 2991: Mr. GARY G. MILLER of Cali- New Hampshire. H.R. 2238: Mr. MCINNIS. fornia, Mrs. NAPOLITANO, and Mr. BACA. H.R. 920: Ms. LEE. H.R. 2260: Mr. BACHUS, Mr. BISHOP of Utah, H.R. 2998: Mr. BARTLETT of Maryland, Mr. H.R. 970: Mr. OBERSTAR, Mr. GRIJALVA, Mr. Mr. DINGELL, Mr. FOLEY, Mr. GONZALEZ, Mr. ABERCROMBIE, Mr. LATHAM, Mr. PEARCE, Mr. CAPUANO, and Mr. BALLANCE. GUTIERREZ, Ms. LEE, Mr. LIPINSKI, Ms. KINGSTON, Mr. NETHERCUTT, Mr. H.R. 972: Mr. HOLDEN. LOFGREN, Mrs. MALONEY, Mr. MURPHY, Mr. CUNNINGHAM, Mr. VITTER, Mr. TAYLOR of H.R. 997: Ms. HART. PRICE of North Carolina, Mr. SANDLIN, Mr. North Carolina, Mr. WALDEN of Oregon, Mr. H.R. 1006: Mr. RANGEL. TURNER of Texas, Mr. BARTLETT of Maryland, FROST, Mr. THORNBERRY, Mr. EHLERS, Mr. H.R. 1049: Mr. MCCOTTER. Mr. GRIJALVA, and Ms. HARMAN. KILDEE, Mr. ROGERS of Kentucky, Mr. ED- H.R. 1052: Mr. SNYDER. H.R. 2269: Mr. DEMINT and Mr. WICKER. WARDS, Mr. SAXTON, Mr. HINCHEY, Mr. GIB- H.R. 1070: Mr. CALVERT. H.R. 2318: Mr. EMANUEL. BONS, Mr. SPRATT, Mr. HOLDEN, Mr. BONNER, H.R. 1101: Mrs. MILLER of Michigan. H.R. 2327: Mr. BOUCHER and Mr. GORDON. Mr. LYNCH, Mr. CARTER, Mr. MCGOVERN, Mr. H.R. 1105: Mr. DOYLE. H.R. 2340: Ms. HART. HYDE, Mr. WYNN, Mr. SHIMKUS, Mr. TERRY, H.R. 1111: Mr. STEARNS. H.R. 2344: Mr. WEXLER. Mr. FEENEY, Mr. HOUGHTON, Ms. EDDIE BER- H.R. 1157: Ms. MCCARTHY of Missouri and H.R. 2359: Mr. TANCREDO. NICE JOHNSON of Texas, Mr. CLYBURN, Ms. Mrs. LOWEY. H.R. 2361: Mr. RUPPERSBERGER. SCHAKOWSKY, Mr. GREEN of Texas, Mr. RA- H.R. 1160: Mr. LAMPSON and Mr. CANNON. H.R. 2426: Ms. WATSON, Ms. JACKSON-LEE of HALL, Mrs. KELLY, Mr. JENKINS, Mr. CANTOR, H.R. 1172: Mr. WEXLER and Mr. EVANS. Texas, and Mr. SABO. Mr. KING of New York, Mr. CULBERSON, Mr. H.R. 1214: Mr. DOYLE, Mr. CANTOR, Ms. H.R. 2429: Mr. LEWIS of Georgia, Mr. MORAN HEFLEY, Ms. MCCOLLUM, Mr. FRANK of Mas- ESHOO, Mr. VAN HOLLEN, Mr. TANNER, and of Virginia, and Ms. MCCOLLUM. sachusetts, Mr. KLECZKA, Ms. CARSON of Indi- Ms. HOOLEY of Oregon. EFFERSON ATSUI H.R. 2462: Mr. J and Mr. M . ana, Mr. PETRI, Mr. NUNES, Mr. GILCHREST, H.R. 1228: Mr. RANGEL. H.R. 2482: Mr. BROWN of Ohio and Mr. WAX- and Mr. WELDON of Florida. H.R. 1229: Mrs. MILLER of Michigan and Mr. MAN. H.R. 2999: Mr. MCINTYRE. WALDEN of Oregon. H.R. 2505: Mr. MICHAUD. H.R. 3011: Mr. BILIRAKIS, Mr. GREEN of H.R. 1258: Mr. NUSSLE. H.R. 2527: Mr. BOSWELL. Texas, Ms. HARMAN, Ms. JACKSON-LEE of H.R. 1268: Mr. MCGOVERN, Mr. DELAHUNT, H.R. 2538: Ms. HARRIS, Mr. YOUNG of Flor- Texas, Mr. CARDOZA, Mr. JENKINS, Mr. and Ms. DELAURO. ida, Mr. PUTNAM, Mr. FEENEY, and Ms. GINNY REYES, Ms. MILLENDER-MCDONALD, Mr. H.R. 1273: Mr. RADANOVICH. BROWN-WAITE of Florida. FROST, Mr. SKELTON, Mr. LEWIS of California, H.R. 1278: Mr. CARSON of Oklahoma. H.R. 2540: Mr. RANGEL and Mrs. and Mr. FRANK of Massachusetts. H.R. 1316: Mr. OTTER, Mr. GRIJALVA, Mr. CHRISTENSEN. H.R. 3015: Mrs. NORTHUP, Mr. SESSIONS, Mr. QUINN, Mr. ENGLISH, and Ms. BALDWIN. H.R. 2568: Mrs. CAPPS. STUPAK, Mrs. MALONEY, Mr. KLECZKA, Mr. H.R. 1355: Mrs. LOWEY and Mr. CASE. H.R. 2570: Ms. EDDIE BERNICE JOHNSON of DICKS, Mr. BROWN of Ohio, Mr. PASCRELL, H.R. 1422: Mr. WAMP. Texas. Mr. LUCAS of Kentucky, and Mr. GREEN of H.R. 1491: Mr. GRIJALVA. H.R. 2582: Mr. FRANK of Massachusetts, Mr. Texas. H.R. 1508: Mr. TOWNS, Ms. CORRINE BROWN STUPAK, Mrs. LOWEY, Mr. CRAMER, and Mr. H.R. 3022: Ms. SLAUGHTER. of Florida, Mr. GUTIERREZ, Mr. JEFFERSON, MCINTYRE. H.R. 3023: Mr. STARK. Mr. BERRY, and Mr. KIND. H.R. 2602: Mr. REHBERG. H.R. 3034: Mr. TOM DAVIS of Virginia. H.R. 1519: Mr. STARK. H.R. 2625: Mr. MICHAUD, Mr. STRICKLAND, H.J. Res. 56: Mr. COBLE, Mr. CALVERT, and H.R. 1543: Mr. DREIER. Mr. NEAL of Massachusetts, Mrs. DAVIS of Mr. TURNER of Ohio. H.R. 1605: Mr. BLUMENAUER. California, and Mr. SMITH of Washington. H.J. Res. 62: Mr. ALLEN and Mr. SIMMONS. H.R. 1613: Mr. RYAN of Ohio. H.R. 2626: Mr. CASE, Mr. SANDLIN, and Mr. H. Con. Res. 78: Mr. ANDREWS. H.R. 1628: Mr. BOYD and Mr. FROST. GREEN of Texas. H. Con. Res. 99: Mr. EVANS and Mr. MEE- H.R. 1633: Mr. CUMMINGS. H.R. 2650: Mr. MICHAUD. HAN. H.R. 1698: Ms. KILPATRICK. H.R. 2665: Mr. CUMMINGS, Mr. GUTIERREZ, H. Con. Res. 155: Mr. NADLER. H.R. 1708: Mr. GERLACH, Mr. BARTON of Mr. MCNULTY, Mr. OLVER, and Mr. DINGELL. H. Con. Res. 158: Mr. DAVIS of Illinois and Texas, Mr. LEVIN, Ms. MCCOLLUM, and Mrs. H.R. 2670: Mr. BEREUTER and Mr. GRIJALVA. Mr. TIERNEY. LOWEY. H.R. 2671: Mr. GIBBONS, Mr. HAYWORTH, Mr. H. Con. Res. 213: Mr. LAMPSON and Mr. H.R. 1726: Mr. JENKINS. FOLEY, Mr. GILLMOR, Mr. PETRI, and Mr. HOEFFEL. H.R. 1752: Mr. RUPPERSBERGER and Mr. ADERHOLT. H. Con. Res. 232: Mrs. MUSGRAVE. ETHERIDGE. H.R. 2680: Mr. ALEXANDER, Mr. CARSON of H. Con. Res. 249: Mr. FROST. H.R. 1755: Mr. LUCAS of Kentucky and Mr. Oklahoma, Mr. BERRY, Mr. CRAMER, Mr. H. Con. Res. 254: Mr. FROST, Mr. BERMAN, VITTER. WEXLER, Mr. BROWN of Ohio, Mr. MARSHALL, Mr. GREENWOOD, Mr. HINCHEY, Mr. PALLONE, H.R. 1758: Mr. PAUL. Ms. HARMAN, Mr. ETHERIDGE, Mr. SABO, Mr. Mr. RANGEL, Mrs. CHRISTENSEN, Mr. DINGELL, H.R. 1769: Mr. CONYERS, Mr. KINGSTON, and BLUMENAUER, Mr. LARSON of Connecticut, Mr. JEFFERSON, Mr. SAXTON, Mr. SOUDER, Mr. Mr. PASCRELL. Mr. RUPPERSBERGER, Mr. KING of Iowa, Mr. DOOLITTLE, Mr. WEINER, Ms. SLAUGHTER, Mr. H.R. 1796: Ms. KAPTUR. LEVIN, Mr. FILNER, and Ms. MCCOLLUM. ENGEL, and Mr. PAYNE.

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H. Con. Res. 256: Mr. BALLANCE, Mr. SCOTT ‘‘(f) REPORTS TO THE CONGRESS.—On a semi- H.R. 2622 of Georgia, Ms. CORRINE BROWN of Florida, annual basis, the head of a Federal agency OFFERED BY: MS. WATERS Mr. JACKSON of Illinois, Ms. WATERS, Ms. authorized to conduct investigations of, or AMENDMENT NO. 8: Page 7, line 15, insert MILLENDER-MCDONALD, Mr. CUMMINGS, Mr. intelligence or counterintelligence activities ‘‘(a) IN GENERAL.—’’ before ‘‘Section’’. FATTAH, Mr. SCOTT of Virginia, Ms. WATSON, or analysis related to, international ter- Page 7, after line 24, insert the following Mr. FORD, Mr. WATT, Mr. DAVIS of Alabama, rorism shall fully inform the Permanent Se- new subsection: Mr. MEEKS of New York, Ms. MAJETTE, Mr. lect Committee on Intelligence and the Com- (b) SPECIFIC EXCEPTIONS.—Section 624 of CLAY, Mr. WYNN, Mr. BISHOP of Georgia, Ms. mittee on Financial Services of the House of the Fair Credit Reporting Act (15 U.S.C. NORTON, Mr. MEEK of Florida, Mr. HASTINGS Representatives, and the Select Committee 1681t) is amended by adding at the end the of Florida, and Mr. CONYERS. on Intelligence and the Committee on Bank- following new subsection: H. Res. 103: Mr. KENNEDY of Minnesota, Mr. ing, Housing, and Urban Affairs of the Sen- ‘‘(e) SPECIFIC EXCEPTIONS.—Subsections (b) GARRETT of New Jersey, and Mr. ROTHMAN. ate concerning all requests made pursuant to and (c) shall not apply to— H. Res. 167: Mr. GREEN of Texas. subsections (a). ‘‘(1) the California Financial Information H. Res. 254: Ms. WOOLSEY, Mr. GONZALEZ, ‘‘(g) PAYMENT OF FEES.—A Federal agency Privacy Act (division 1.2 of the California Fi- and Ms. JACKSON-LEE of Texas. authorized to conduct investigations of, or nancial Code, as in effect after June 30, 2004); H. Res. 300: Mr. EHLERS, Mr. STENHOLM, intelligence or counterintelligence activities or Mr. PENCE, Mr. MCKEON, Mr. WAMP, Mr. or analysis related to, international ter- ‘‘(2) the Consumer Credit Reporting Agen- HYDE, Mr. SHIMKUS, Mr. BURTON of Indiana, rorism shall, subject to the availability of cies Act of California (sections 1785.1 through and Mr. SOUDER. appropriations, pay to the consumer report- 1785.36 of the California Civil Code).’’. H. Res. 315: Mr. PICKERING. ing agency assembling or providing report or H.R. 2622 H. Res. 325: Mrs. LOWEY. information in accordance with procedures OFFERED BY: MRS. TAUSCHER H. Res. 348: Mr. MEEHAN, Mr. BAKER, Mr. established under this section a fee for reim- AMENDMENT NO. 9: Page 69, after line 5, in- GILCHREST, and Ms. BALDWIN. bursement for such costs as are reasonably sert the following new section (and conform H. Res. 352: Mr. SHIMKUS, Mr. MCNULTY, necessary and which have been directly in- the table of contents accordingly): Ms. NORTON, Mr. COOPER, Mr. LANTOS, Mr. curred in searching, reproducing, or trans- GREEN of Texas, Mr. FROST, and Mr. FRANK porting books, papers, records, or other data SEC. 510. REQUESTS BY CONSUMERS FOR REA- of Massachusetts. SONABLE PROCEDURES FOR ESTAB- required or requested to be produced under LISHING NEW CREDIT. H. Res. 355: Mr. WEXLER, Mr. MCCOTTER, this section.’’. Section 615 of the Fair Credit Reporting Mr. BLUMENAUER, Mr. LANTOS, Mr. ENGEL, H.R. 2622 Act (15 U.S.C. 1681m) is amended by inserting Ms. LEE, and Mr. BURTON of Indiana. OFFERED BY: MR. SANDERS after subsection (e) (as added by section 403 f AMENDMENT NO. 4: Page 69, after line 5, in- of this Act) the following new subsection: AMENDMENTS sert the following new section (and conform ‘‘(f) REQUESTS BY CONSUMERS FOR REASON- the table of contents accordingly): ABLE PROCEDURES FOR ESTABLISHING NEW Under clause 8 of rule XVIII, pro- CREDIT.— SEC. 507. LIMITATION ON USE OF CONSUMER RE- posed amendments were submitted as ‘‘(1) IN GENERAL.—Any consumer may sub- PORTS. mit a request to a consumer reporting agen- follows: (a) IN GENERAL.—Section 604(d) of the Fair cy that any person who uses a consumer re- H.R. 2622 Credit Reporting Act (15 U.S.C. 1681b(d)) is port of such consumer to establish a new OFFERED BY: MR. KANJORSKI amended to read as follows: credit plan in the name of the consumer uti- ‘‘(d) LIMITATION ON USE OF CONSUMER RE- AMENDMENT NO. 1: Page 7, strike line 13 lize reasonable policies and procedures de- and all that follows through line 24 and in- PORT.—No credit card issuer may use any negative information contained in a con- scribed in paragraph (4). sert the following (and conform the table of ‘‘(2) PLACEMENT IN FILE.—Any consumer re- contents accordingly): sumer report to increase any annual percent- age rate applicable to a credit card account, porting agency that receives a request from SEC. 101. 9-YEAR EXTENSION OF UNIFORM NA- or to remove or increase any introductory a consumer shall include the request in the TIONAL CONSUMER PROTECTION file of the consumer. STANDARDS. annual percentage rate of interest applicable ‘‘(3) NOTICE TO USERS.—No person who ob- Paragraph (2) of section 624(d) of the Fair to such account, for reasons other than ac- tions or omissions of the card holder that are tains any information from a file of any con- Credit Reporting Act (15 U.S.C. 1681t(d)(2)) is sumer from a consumer reporting agency amended to read as follows: directly related to such account or a late payment of 60 days or more on any other that includes a request from the consumer ‘‘(2) shall not apply after December 31, under this subsection may establish a new 2012.’’. credit card or debt.’’. (b) TECHNICAL AND CONFORMING AMEND- credit plan in the name of the consumer for H.R. 2622 MENT.—Section 604(a)(3)(F)(ii) of the Fair a person other than the consumer without OFFERED BY: MS. LEE Credit Reporting Act (15 U.S.C. utilizing reasonable policies and procedures AMENDMENT NO. 2: Page 7, strike line 15 1681b(a)(3)(F)(ii)) is amended by inserting described in paragraph (4). and all that follows through line 24 and in- ‘‘subject to subsection (d),’’ before ‘‘to re- ‘‘(4) REASONABLE POLICIES AND PROCE- sert the following: view’’. DURES.—The notice included by the con- sumer reporting agency pursuant to the re- Section 624(d)(2) of the Fair Credit Report- H.R. 2622 ing Act (15 U.S.C. 1681t(d)(2)) is amended to quest of the consumer shall state that the OFFERED BY: MR. FRANK OF MASSACHUSETTS read as follows: consumer does not authorize establishing ‘‘(2) do not apply to the California Finan- AMENDMENT NO. 5: Page 10, line 12, insert ‘‘, any new credit plan in the name of the con- cial Information Privacy Act (division 1.2 of other than subsections (g), (h), (i), (j), (k), sumer, unless the user utilizes reasonable the California Financial Code, as in effect and (l)’’ before the closing quotation marks policies and procedures to form a reasonable after June 30, 2004) or the law of any other after ‘‘identity theft prevention’’. belief that the user knows the identity of the State that is similar to the California Finan- Page 10, after line 13, insert the following person for whom such new plan is estab- cial Information Privacy Act.’’. new paragraph: lished, which may include obtaining author- (4) Section 624(b)(1) of the Fair Credit Re- ization or preauthorization of the consumer H.R. 2622 porting Act (15 1681t(b)(1)) is amended, in the at a telephone number designated by the OFFERED BY: MR. INSLEE matter preceding subparagraph (A), by in- consumer or by such other reasonable means AMENDMENT NO. 3: Page 80, after line 5, add serting ‘‘specific’’ before ‘‘subject matter’’. agreed to.’’. the following new title (and conform the H.R. 2622 H.R. 2622 table of contents accordingly): OFFERED BY: MR. FRANK OF MASSACHUSETTS OFFERED BY: MS. BORDALLO TITLE VIII—TECHNICAL CORRECTIONS AMENDMENT NO. 6: Page 44, strike lines 9 AMENDMENT NO. 10: Page 44, after line 3, in- SEC. 801. AMENDMENTS RELATING TO SECTIONS and 10 and insert ‘‘Section 612 of the’’. sert the following new section (and conform 625 AND 626 OF THE FAIR CREDIT Page 44, beginning on line 14, strike ‘‘de- the table of contents accordingly): REPORTING ACT. scribed in section 603(p)’’ and insert ‘‘that SEC. 406. PROHIBITION ON INCLUDING LATE PAY- (a) SECTION 625.—Section 625(h) of the Fair compiles and maintains files on consumers MENTS IN CREDIT REPORTS THAT Credit Reporting Act (15 U.S.C. 1681u(h)) is on a nationwide or regional basis’’. WERE LATE DUE SOLELY TO DE- amended by striking ‘‘Committee on Bank- Page 44, strike line 18 and all that follows CLARED DISASTERS. ing, Finance and Urban Affairs’’ and insert- through line 22. (a) IN GENERAL.—Section 605(a) of the Fair ing ‘‘Committee on Financial Services’’. Credit Reporting Act (15 U.S.C. 1681c(a)) is H.R. 2622 (b) SECTION 626.—Section 626 of the Fair amended by inserting after paragraph (6) (as Credit Reporting Act (15 U.S.C. 1681v) is OFFERED BY: MR. FRANK OF MASSACHUSETTS added by section 702(b) of this Act) the fol- amended— AMENDMENT NO. 7: Page 44, beginning on lowing new paragraph: (1) in subsection (b), by striking ‘‘a super- line 14, strike ‘‘described in section 603(p)’’ ‘‘(7) Any reference to a late payment that visory official designated by’’; and and insert ‘‘that compiles and maintains was due solely to a disruption caused by a (2) by adding at the end the following new files on consumers on a nationwide or re- declared disaster for which the agency re- subsections: gional basis’’. ceives notice under subsection (m).’’.

VerDate jul 14 2003 04:49 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\A09SE7.067 H09PT1 September 9, 2003 CONGRESSIONAL RECORD — HOUSE H8085

(b) PROCEDURE FOR STRIKING ADVERSE IN- ‘‘(4) with respect to the frequency of any examine and identify government policies FORMATION DUE TO DECLARED DISASTER.— disclosure under section 612(e), except that that promote economic and financial lit- Section 605 of the Fair Credit Reporting Act this paragraph shall not apply— eracy. (15 U.S.C. 1681c) is amended by inserting ‘‘(A) with respect to section 12–14.3– (c) SCOPE OF THE COMMISSION.—The scope after subsection (l) (as added by section 203 105(1)(d) of the Colorado Revised Statutes (as of the Commission shall consist of issues re- of this Act) the following new subsection: in effect on the date of enactment of the Fair lating to economic and financial education. ‘‘(m) PROCEDURE FOR STRIKING ADVERSE IN- and Accurate Credit Transactions Act of (d) PURPOSES.—The purposes of the Com- FORMATION DUE TO DECLARED DISASTER.— 2003); mission shall be— ‘‘(1) NOTICE FROM CONSUMER.—Any con- ‘‘(B) with respect to section 10–1–393(29)(C) (1) to make recommendations on inte- sumer who— of the Georgia Code (as in effect on the date grating economic and personal finance edu- ‘‘(A) resides in an area which has been de- of enactment of the Fair and Accurate Credit cation into primary, secondary, and postsec- clared a disaster area by the President under Transactions Act of 2003); ondary curricula; the Robert T. Stafford Disaster Relief and ‘‘(C) with respect to section 1316.2–B of (2) to identify and make recommendations Emergency Assistance Act; title 10 of the Maine Revised Statutes (as in regarding best practices in economic and ‘‘(B) fails to make a payment on an obliga- effect on the date of enactment of the Fair personal finance education; tion in a timely manner during the effective and Accurate Credit Transactions Act of (3) to make recommendations on coordi- period of the declaration of a disaster; and 2003); nating existing Federal and private sector ‘‘(C) pays the obligation within 30 days ‘‘(D) with respect to sections 14–1209(a)(1) economic and financial literacy education after the end of such effective period, and 14–1209(b)(1)(i) of the Commercial Law programs; and may notify the creditor, with respect to such Article of the Code of Maryland (as in effect (4) to make recommendations on ways to obligation, that the late payment was due to on the date of enactment of the Fair and Ac- improve education at all levels regarding the existence of the declared disaster. curate Credit Transactions Act of 2003); credit managment, credit reports, credit ‘‘(2) NOTICE TO CONSUMER REPORTING AGEN- ‘‘(E) with respect to section 59(d) and sec- scores and dispute resolution. (e) COMMISSION MEMBERS.—To carry out CY.—Any creditor which receives a notice tion 59(e) of chapter 93 of the General Laws the purposes of the Commission, the Com- from a consumer under paragraph (1) shall of Massachusetts (as in effect on the date of mission shall include— notify any consumer reporting agency to enactment of the Fair and Accurate Credit (1) 3 members appointed by the President, which the creditor furnished information on Transactions Act of 2003); one of whom shall be designated by the the late payment described in such para- ‘‘(F) with respect to section 56:11–37.10(a)(1) President as the Chairperson of the Commis- graph that the late payment was due to a of the New Jersey Revised Statutes (as in ef- sion; disruption caused by a declared disaster.’’. fect on the date of enactment of the Fair and (2) 2 members appointed by the Speaker of H.R. 2622 Accurate Credit Transactions Act of 2003); the House of Representatives; and OFFERED BY: MR. ROYCE (3) 2 members appointed by the minority ‘‘(G) with respect to section 2480c(a)(1) of AMENDMENT NO. 11: Page 34, strike line 9 leader of the House of Representatives; the Vermont Statutes Annotated (as in ef- and all that follows through line 18, and in- (4) 2 members appointed by the majority fect on the date of enactment of the Fair and sert the following new subparagraph: leader of the Senate; and Accurate Credit Transactions Act of 2003).’’. ‘‘(A) IN GENERAL.—A consumer may dispute (5) 2 members appointed by the minority directly with a person the accuracy of infor- H.R. 2622 leader of the Senate. mation that is contained in a consumer re- OFFERED BY: MRS. BIGGERT (f) APPOINTMENT REQUIREMENTS.—The port on the consumer prepared by a con- AMENDMENT NO. 13: Page 67, after line 25, Commission members shall— sumer reporting agency described in section insert the following new section (and redes- (1) be appointed not later than January 31, 603(p), if— ignate the subsequent section and any cross 2005; and ‘‘(i) the information was provided by the reference to such section and conform the (2) include at least one representative of person to that consumer reporting agency in table of contents accordingly): each of the following groups: accordance with paragraph (1)(B); SEC. 509. COMMISSION TO EDUCATE OUR NA- (A) Primary and secondary educators. ‘‘(ii) the consumer has disputed the accu- TION’S TEACHERS AND STUDENTS (B) Postsecondary educators. racy of such information with the consumer ON FINANCIAL LITERACY SKILLS. (C) The financial services industry. reporting agency that prepared the consumer (a) FINDINGS.—The Congress finds as fol- (D) State and local governments. report pursuant to section 611; lows: (E) organizations involved in promoting ‘‘(iii) the consumer has received the results (1) A range of trends points to the need for economics education. of the investigation from the consumer re- individuals in the United States to receive a (g) COMMISSION ADMINISTRATION.— porting agency and has requested that the practical economics education that will give (1) ADMINISTRATION.—In administering this consumer reporting agency reinvestigate the the individuals tools to make responsible section, the Chairperson of the Commission results in accordance with section 611; and choices about their limited financial re- shall— ‘‘(iv) the results of the consumer reporting sources, choices which will impact individ- (A) request the cooperation and assistance agency’s reinvestigation requested pursuant uals’ credit ratings. of such Federal departments and agencies as to (iii), as reported to the consumer, do not (2) An individual’s credit rating will affect may be appropriate in the carrying out of resolve the dispute. his or her ability to buy a home, finance edu- this section; Page 35, beginning on line 25, strike cation, establish a small business and pre- (B) furnish all reasonable assistance to ‘‘thereafter report correct information to’’ pare for retirement. State agencies, area agencies, and other ap- and insert ‘‘notify’’. (3) Building and maintaining sound credit propriate organizations to enable them to H.R. 2622 requires knowledge of personal finance and provide testimony and otherwise participate OFFERED BY: MR. NEY economics. in the Commission’s hearings; AMENDMENT NO. 12: Page 56, after line 16, (4) Basic economics education is a key to (C) make available for public comment a insert the following new subsection: understanding personal finance. proposed agenda for the Commission that re- (e) TECHNICAL AND CONFORMING AMEND- (5) A number of Federal departments and flects to the greatest extent possible the pur- MENT.—Section 624(b) of the Fair Credit Re- agencies have implemented programs to im- poses for the Commission set out in this sec- porting Act (15 U.S.C. 1681t(b)(3)) (as amend- prove personal finance and economics edu- tion; ed by section 204(b) of this Act) is amended— cation, including the Departments of Edu- (D) prepare and make available back- (1) by striking ‘‘or’’ at the end of paragraph cation, Labor, Treasury, and Housing and ground materials for the use of participants (2); and Urban Development, as well as the Federal in the Commission that the Chairperson con- (2) by striking paragraph (3) and inserting Deposit Insurance Corporation, the Board of siders necessary; and the following new paragraphs: Governors of the Federal Reserve System, (E) appoint and fix the pay of such addi- ‘‘(3) with respect to the form and content the Federal Trade Commission and the Secu- tional personnel as may be necessary to of any disclosure required to be made under rities Exchange Commission. carry out the provisions of this section with- subsection (c), (d), (e), or (f) of section 609, (6) Coordinating existing Federal efforts, out regard to provisions of title 5, United except that this paragraph shall not apply— maximizing the impact of existing private States Code, governing appointments in the ‘‘(A) with respect to sections 1785.10, 1785.16 sector efforts, and identifying and promoting competitive service, and without regard to and 1785.20.2 of the California Civil Code (as best practices are necessary to improve eco- chapter 51 and subchapter III of chapter 53 of in effect on the date of enactment of the Fair nomic and personal finance education and to such title relating to classification and Gen- and Accurate Credit Transactions Act of improve individuals’ credit and economic eral Schedule pay-rates. 2003) and section 1785.15 through section well-being. (2) DUTIES OF THE CHAIRPERSON.—The 1785.15.2 of such Code (as in effect on such (b) AUTHORITY TO ESTABLISH COMMISSION.— Chairperson of the Commission shall, in car- date) and Not later than January 31, 2005, the Presi- rying out the responsibilities and functions ‘‘(B) with respect to section 12–14.3–104.3 of dent shall convene a Commission to Educate of the Chairperson under this section, ensure the Colorado Revised Statutes (as in effect our Nation’s Teachers and Students on Fi- that— on the date of enactment of the Fair and Ac- nancial Literacy Skills (hereafter in this (A) the Commission shall hold hearings in curate Credit Transactions Act of 2003); and section referred to as the ‘‘Commission’’) to accordance with this section;

VerDate jul 14 2003 05:51 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\A09SE7.050 H09PT1 H8086 CONGRESSIONAL RECORD — HOUSE September 9, 2003 (B) the Commission shall be conducted in a SEC. 208. PROHIBITED ACTIONS WITH RESPECT a person of an individual’s social security manner that ensures broad participation of TO SOCIAL SECURITY NUMBERS. number in a manner that is inconsistent Federal, State, and local agencies and pri- (a) DEFINITIONS.—For purposes of this sec- with such subsection if— vate organizations, professionals, and others tion, the following definitions shall apply: (1) the use by such person of the individ- involved in economic education; and (1) DISPLAY.—The term ‘‘display’’ means to ual’s social security number in such manner (C) the agenda prepared under paragraph intentionally communicate or otherwise began before the date of the enactment of (1)(C) for the Commission is published in the make available (on the Internet or in any this Act; Federal Register. other manner) to the general public an indi- (2) the use by such person of the social se- (3) NONAPPLICATION OF FEDERAL ADVISORY vidual’s social security number. curity number in such manner is continuous; COMMITTEE ACT.—The provisions of the Fed- (2) PERSON.—The term ‘‘person’’ means any and eral Advisory Committee Act (5 U.S.C. App.) individual, partnership, corporation, trust, (3) the person notifies the individual, in shall not apply to the Commission. estate, cooperative, association, or any other writing, before the end of the 30-day period entity. (h) HEARINGS.— beginning on the date of the enactment of (3) PURCHASE.—The term ‘‘purchase’’ (1) IN GENERAL.—The Commission shall this Act and annually thereafter, that the hold public hearings to receive testimony re- means providing directly or indirectly, any- individual has the right to require such per- lated to the recommendations to be included thing of value in exchange for a social secu- son to stop using the individual’s social secu- in the Commission’s report identified in sub- rity number. rity number in a manner inconsistent with section (i)(3). (4) SALE.—The term ‘‘sale’’ means obtain- subsection (b). ing, directly or indirectly, anything of value (g) INDIVIDUAL’S REQUEST TO STOP INCON- (2) FIELD HEARINGS.—The Commission shall SISTENT USE.— conduct at least 4 hearings to be held in dif- in exchange for a social security number. (1) IN GENERAL.—If a person receives a writ- ferent States. (5) STATE.—The term ‘‘State’’ means any State of the United States, the District of ten request from an individual to stop using (i) REPORT.— Columbia, Puerto Rico, the Northern Mar- the individual’s social security number in a (1) IN GENERAL.—The Commission shall iana Islands, the United States Virgin Is- manner that is inconsistent with subsection prepare a report describing the activities and lands, Guam, American Samoa, and any ter- (b), the person shall fully comply with such recommendations of the Commission and ritory or possession of the United States. request before the end of the 30-day period shall submit the report to the President, the (b) PROHIBITED ACTIONS WITH RESPECT TO beginning on the date of the receipt of the Speaker and Minority Leader of the House of AN INDIVIDUAL’S SOCIAL SECURITY NUMBER.— request. Representatives, the Majority and Minority Subject to subsections (e) and (f), no person (2) DENIAL OF PRODUCTS OR SERVICES PRO- Leaders of the Senate, and the chief execu- may engage in any of the following: HIBITED.—A person may not deny any prod- tive officers of the States not later than July (1) Display in any manner an individual’s uct or service to an individual, or otherwise 1, 2005. social security number. discriminate against such individual in the (2) APPROVAL OF REPORT.—Approval of the (2) Print or otherwise display an individ- provision of any such product or service, Commission’s report shall require a majority ual’s social security number on any card, or solely on the basis that the individual sub- of the Commission. other means of access, required for the indi- mitted a request described in paragraph (1). (3) REPORT CONTENTS.—In addition to sum- vidual to access products or services pro- (h) COORDINATION WITH OTHER LAW.— marizing the activities of the Commission, vided by the person to the individual. (1) IN GENERAL.—No provision of this sec- the report shall include proposals for im- (3) Require an individual to transmit the tion shall be construed as prohibiting or lim- proving economics and finance education, in- individual’s social security number over the iting the display or use of an individual’s so- cluding recommendations for— Internet, unless the connection is secure or cial security number by any person— (A) integrating high quality, standards- the social security number is encrypted. (A) to the extent required or authorized based economic and financial education in (4) Require an individual to use the indi- under any Federal or State law, or by any the curricula of primary, secondary and vidual’s social security number to access an Federal agency or any contractor with the postsecondary education; Internet Web site, unless a password, unique Federal Government (under color of Federal (B) identifying best practices in the teach- personal identification number, or other au- law); ing of economics and personal finance in- thentication device is also required to access (B) for internal verification or administra- tive purposes of the person; cluding teacher training and development of the Internet Web site. (C) for a public health purpose, including curricular materials; (5) Print or otherwise display an individ- the protection of the health or safety of an (C) coordinating and enhancing existing ual’s social security number on any commu- individual in an emergency situation; federal and private sector efforts to improve nications by the person to the individual, un- (D) for a national security purpose; economic education and financial literacy; less Federal or State law, or any Federal (E) for a law enforcement purpose, includ- (D) assessing and identifying best practices agency or any contractor with the Federal ing the investigation of fraud and the en- for the training of teachers and educators in Government (under color of Federal law), re- forcement of a child support obligation; economics and finance; and quires the individual’s social security num- (F) if the display, sale, or purchase of the (E) improving public and private efforts to ber to be included on such documents. number is for a use occurring as a result of educate consumers regarding credit manage- (c) LIMITATION ON SALE OR PURCHASE.—Ex- an interaction between businesses, govern- ment, credit reports, credit scores, dispute cept as otherwise provided in this section, no ments, or business and government (regard- resolution and related issues. person may sell or purchase any individual’s less of which entity initiates the inter- (j) DEFINITION.—For purposes of this sec- social security number without the affirma- action), including— tion, the term ‘‘State’’ means a State, the tively expressed consent of the individual. (i) the prevention of fraud (including fraud District of Columbia, the Commonwealth of (d) PREREQUISITES FOR CONSENT.—In order in protecting an employee’s right to employ- Puerto Rico, the Commonwealth of the for consent to exist under subsection (c), the ment benefits); Northern Mariana Islands, Guam, the Virgin person displaying or seeking to display, sell- (ii) the facilitation of credit checks or the Islands, American Samoa, and any other ter- ing or attempting to sell, or purchasing or facilitation of background checks of employ- ritory or possession of the United States. attempting to purchase, an individual’s so- ees, prospective employees, or volunteers; or cial security number shall— (k) AUTHORIZATION OF APPROPRIATIONS.— (iii) when the transmission of the number (1) inform the individual of the general There are authorized to be appropriated for is incidental to, and in the course of, the purpose for which the number will be used, fiscal years beginning on or after October 1, sale, lease, franchising, or merger of all, or a the types of persons to whom the number 2004, such sums as are necessary to carry out portion of, a business; may be available, and the scope of trans- this section. (G) if the transfer of such a number is part actions permitted by the consent; and (l) FINANCIAL OBLIGATION FOR FISCAL YEAR of a data matching program involving a Fed- (2) obtain the affirmatively expressed con- 2005.—The financial obligation for the Com- eral, State, or local agency; or sent (electronically or in writing) of the in- mission for fiscal year 2005 shall not exceed (H) if such number is required to be sub- $500,000. dividual. (e) EXCEPTION FOR CERTAIN COMMUNICA- mitted as part of the process for applying for (m) CONTRACTS.—The Chairperson of the TIONS.—Subsection (b)(5) shall not apply with any type of Federal, State, or local govern- Commission may enter into contracts to respect an individual’s social security num- ment benefit or program; carry out the Chairperson’s responsibilities ber included on documents sent by mail— except that, nothing in this paragraph shall under this section. The Chairperson shall (1) in connection with an application or en- be construed as permitting a professional or enter into a contract on a sole-source basis rollment process initiated by the individual; commercial user to display or sell a social to ensure the timely completion of the Com- or security number to the general public. mission’s activities. (2) to establish, amend, or terminate an ac- (2) BUSINESS SAFEGUARDS.— H.R. 2622 count held by the individual with the person; (A) IN GENERAL.—In furtherance of the pro- or visions of paragraph (1)(F), the Federal OFFERED BY: MR. SHADEGG (3) to verify the accuracy of the individ- Trade Commission shall establish appro- AMENDMENT NO. 14: Page 28, after line 20, ual’s social security number. priate standards for businesses relating to insert the following (and conform the table (f) EXCEPTION FOR PRIOR ON-GOING USE.— administrative, technical, and physical safe- of contents accordingly): Subsection (b) shall not apply to the use by guards—

VerDate jul 14 2003 04:49 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\A09SE7.052 H09PT1 September 9, 2003 CONGRESSIONAL RECORD — HOUSE H8087 (i) to insure the security and confiden- ‘‘(2) do not apply to the California Finan- Governors of the Federal Reserve System to tiality of social security numbers; cial Information Privacy Act (division 1.2 of extend, the 2-month period referred to in (ii) to protect against any anticipated the California Financial Code, as in effect subsection (a)(1) or the 10-month period re- threats or hazards to the security or integ- after June 30, 2004) or the law of any other ferred to in subsection (a)(2) relating to the rity of social security numbers; and State that is similar to the California Finan- requirements imposed on consumer reporting (iii) to protect against unauthorized access cial Information Privacy Act.’’. agencies by the amendment made by section to or use of social security numbers which H.R. 2622 501. could result in substantial harm or incon- Page 10, strike line 12 and insert ‘‘inserting OFFERED BY: MRS. KELLY venience to any customer. ‘(and to specific identity theft prevention (B) SAFE HARBOR.—Any person who is sub- AMENDMENT NO. 16: Page 44, after line 22, subjects covered)’ after’’. ject to the safeguard standards under section insert the following new subsection: Page 20, line 7, insert ‘‘a summary of 501(b) of the Gramm-Leach-Bliley Act and is (c) REGULATORY AUTHORITY TO ADJUST RE- rights, or other disclosure, that is the same in compliance with such standards shall be PORT DISTRIBUTION SCHEDULES IN TIMES OF as or substantially similar to’’ after ‘‘with’’. deemed to be in compliance with the stand- REQUEST SPIKES.—Section 621 of the Fair Page 20, after line 14, insert the following ards under subparagraph (A). Credit Reporting Act (15 U.S.C. 1681s) is new subsection: amended by inserting after subsection (g) (as (3) STUDY AND REPORT.— (c) EFFECTIVE DATE.—Paragraph (2) of sec- added by section 702(e) of this Act) the fol- (A) IN GENERAL.—The Commissioner of the tion 609(d) of the Fair Credit Reporting Act Social Security Administration shall con- lowing new subsection: (as added by subsection (a) of this section) duct a study and prepare a report on all of ‘‘(h) REGULATORY AUTHORITY TO ADJUST shall apply after the end of the 60-day period the uses of social security numbers per- REPORT DISTRIBUTION SCHEDULES IN TIMES OF beginning on the date the model summary of mitted, required, authorized, or excepted REQUEST SPIKES.— rights is prescribed in final form by the Fed- under any Federal law and State and local ‘‘(1) IN GENERAL.—If the Federal Trade eral Trade Commission pursuant to para- uses of social security numbers. Commission and the Board of Governors of graph (1) of such section and in accordance the Federal Reserve System determine that (B) REPORT.—Not later than 1 year after with section 3(a) of this Act. the date of enactment of this Act, the Com- consumer reporting agencies have been tem- Page 27, line 4, strike ‘‘, or duplicative of,’’. missioner of the Social Security shall sub- porarily overwhelmed with requests for dis- Page 28, line 4, strike ‘‘credit’’ and insert mit a report to Congress on the study con- closures of consumer reports under section ‘‘consumer’’. ducted under this paragraph. 612(e) beyond their capacity to deliver such Page 28, strike line 7 and insert ‘‘the bio- reports in a timely fashion, the Commission metric industry, and the’’. (C) CONTENTS OF REPORT.—The report shall Page 28, line 8, strike the comma after include— and the Board, by order, may implement ‘‘public’’. (i) a detailed description of the uses of an such measures as the Commission and the Page 32, line 11, insert ‘‘, using an address individual’s social security number that are Board determine to be necessary for a lim- or a notification mechanism specified by the allowed as of the date of enactment of this ited time to regain equilibrium between the consumer reporting agency for such notices’’ Act; ability of the agencies to disclose consumer before the period. (ii) an evaluation of whether such uses reports and consumers’ demands for such re- ports. Page 35, beginning on line 25, strike should be continued or discontinued by ap- ‘‘thereafter report correct information to’’ propriate legislative action; and ‘‘(2) PROTECTION FOR EMERGENCY AND TIME- SENSITIVE REQUESTS.—In issuing any order and insert ‘‘notify’’. (iii) such other recommendations for legis- Page 36, line 3, strike the period, the clos- lative or administrative action as the Com- under paragraph (1), the Federal Trade Com- mission and the Board of Governors of the ing quotation marks, and the second period missioner determines to be appropriate. and insert ‘‘of that determination and pro- (i) CIVIL PENALTIES.— Federal Reserve System shall ensure that, vide to the agency any correction to that in- (1) IN GENERAL.—Any person who the At- during the effective period of any such order, formation that is necessary to make the in- torney General determines has violated this creditors, other users, and consumers con- formation provided by the person accurate.’’. section shall be subject, in addition to any tinue to have access to consumer credit re- ports on a time-sensitive basis for specific Page 36, after line 3, insert the following other penalties that may be prescribed by new subparagraph: law— purposes, such as home purchases or sus- ‘‘(D) FRIVOLOUS OR IRRELEVANT DISPUTE.— (A) to a civil penalty of not less than $5,000 picions of identity theft.’’. ‘‘(i) IN GENERAL.—The requirements of this H.R. 2622 for each such violation; and paragraph shall not apply if the person re- (B) to a civil penalty of not less than OFFERED BY: MR. OXLEY ceiving a notice of a dispute from a con- $50,000, if the violations have occurred with AMENDMENT NO. 17: Page 7, after line 9, in- sumer reasonably determines that the dis- such frequency as to constitute a general sert the following new subsection: pute is frivolous or irrelevant, including— business practice. (d) CRITERIA FOR ORDERLY IMPLEMENTATION ‘‘(I) by reason of the failure of a consumer (2) DETERMINATION OF VIOLATIONS.—Any OF FREE ANNUAL CREDIT REPORT PROVI- to provide sufficient information to inves- knowing violation committed contempora- SION.— tigate the disputed information; or neously with respect to the social security (1) IN GENERAL.—In developing the regula- ‘‘(II) the submission by a consumer of a numbers of 2 or more individuals by means of tions and effective dates under subsection (a) dispute that is substantially the same as a mail, telecommunication, or otherwise, shall (and subject to the time limits in paragraph dispute previously submitted by or for the be treated as a separate violation with re- (2) and subsection (a)), the Federal Trade consumer, either directly to the person spect to each such individual. Commission and the Board of Governors of under this paragraph or through a consumer (3) ENFORCEMENT PROCEDURES.—The provi- the Federal Reserve System shall provide a reporting agency under subsection (b), with sions of section 1128A of the Social Security systematic approach for implementing the respect to which the person has already per- Act (42 U.S.C. 1320a–7a), other than sub- amendment made by section 501 that allows formed the person’s duties under this para- sections (a), (b), (f), (h), (i), (j), (m), and (n) for an orderly transition to the consumer re- graph or subsection (b), as applicable. and the first sentence of subsection (c) of port distribution system required by the ‘‘(ii) NOTICE OF DETERMINATION.—Upon such section, and the provisions of sub- amendment in a manner that— making any determination under clause (i) sections (d) and (e) of section 205 of such Act (A) does not temporarily overwhelm con- that a dispute is frivolous or irrelevant, the (42 U.S.C. 405) shall apply to a civil penalty sumer reporting agencies with requests for person shall notify the consumer of such de- action under this subsection in the same disclosures of consumer reports beyond their termination not later than 5 business days manner as such provisions apply to a penalty capacity to deliver; and after making such determination, by mail or proceeding under section 1128A(a) of such (B) does not deny creditors, other users, or, if authorized by the consumer for that Act (42 U.S.C. 1320a–7a(a)), except that, for and consumers access to consumer credit re- purpose, by any other means available to the purposes of this paragraph, any reference in ports on a time-sensitive basis for specific person. section 1128A of such Act (42 U.S.C. 1320a–7a) purposes, such as home purchases or sus- ‘‘(iii) CONTENTS OF NOTICE.—A notice under to the Secretary shall be deemed to be a ref- picions of identity theft, during the transi- clause (ii) shall include— erence to the Attorney General. tion period. ‘‘(I) the reasons for the determination (j) EFFECTIVE DATE.—This section shall (2) PROHIBITION ON EXTENSION OF EFFECTIVE under clause (i); and apply after the end of the 180-day period be- DATE.— ‘‘(II) identification of any information re- ginning on the date of the enactment of this (A) ONE-TIME AUTHORIZATION.—The Federal quired to investigate the disputed informa- Act. Trade Commission and the Board of Gov- tion, which may consist of a standardized H.R. 2622 ernors of the Federal Reserve System may form describing the general nature of such OFFERED BY: MS. LEE exercise the authority provided under para- information.’’. AMENDMENT NO. 15: Page 7, strike line 15 graph (1) only once during the 2-month pe- Page 56, line 16, insert before the closing and all that follows through line 24 and in- riod referred to in subsection (a)(1). quotation marks the following new sentence: sert the following: (B) EXTENSION OF EFFECTIVE DATE PROHIB- ‘‘This paragraph shall not apply to a person Section 624(d)(2) of the Fair Credit Report- ITED.—No provision of this subsection shall described in subsection (j)(4)(A)(i), but only ing Act (15 U.S.C. 1681t(d)(2)) is amended to be construed as extending, or authorizing the to the extent that such person is engaged in read as follows: Federal Trade Commission or the Board of activities described in such subsection.’’.

VerDate jul 14 2003 04:49 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\A09SE7.053 H09PT1 H8088 CONGRESSIONAL RECORD — HOUSE September 9, 2003 Page 60, line 16, insert ‘‘or the financial in- balances relating to debts arising from the such services, products, or devices, as pro- stitution reasonably believed that the insti- receipt of medical services, products, or de- vided in section 605(a)(6)). tution is prohibited, by law, from contacting vices, where such information, other than Page 75, line 8, strike ‘‘purpose’’ and insert the consumer’’ before the period. account status or amounts, is restricted or ‘‘purposes’’. Page 73, strike line 6 and all that follows reported using codes that do not identify, or through line 14, and insert the following new do not provide information sufficient to Page 75, line 21, insert ‘‘(and which shall subparagraph: include permitting actions necessary for ad- infer, the specific provider or the nature of ‘‘(C) the information to be furnished per- ministrative verification purposes)’’ after tains solely to transactions, accounts, or ‘‘needs’’.

VerDate jul 14 2003 04:49 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\A09SE7.055 H09PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, FIRST SESSION

Vol. 149 WASHINGTON, TUESDAY, SEPTEMBER 9, 2003 No. 123 Senate The Senate met at 9:30 a.m. and was HHS, and Education appropriations number of people running for President called to order by the President pro bill. There are a number of pending who are out of town. From my personal tempore (Mr. STEVENS). amendments that will need to be dis- point of view, I would like to accom- posed of and it is therefore my hope modate them and I would like to move PRAYER that we can reach an agreement to on. But it draws considerable con- The Chaplain, Dr. Harry C. Black, of- vote in relation to those amendments. sternation and ire to be told when we fered the following prayer: Many of these amendments have been are going to vote. Let us pray. fully debated and will require a rollcall I had a colloquy yesterday with the O God, author and creator of the vote. Senator from Iowa, a colleague and a world’s joys, bearer of the Earth’s sor- I understand that on the other side of very good friend with whom I have rows, we have loved You, but not the aisle there is a reluctance to vote worked very closely for more than a enough; we have sought You, but not on any of the amendments until an decade. There is scarcely a disagree- diligently enough; we have heard, but agreement is reached with respect to ment between Senator HARKIN and my- not understood; we have hoped for the Harkin amendment. I encourage self. As we change control of the gavel, things heavenly, but clung to the Members to allow us to move forward we use the expression, ‘‘change things of Earth. on the bill until that issue is resolved. seamlessly.’’ But I pointed out, we Thank You for loving us in spite of There are a number of amendments have a majority, and under the rules of our failures. Help us not to waste our that were pending prior to the Harkin the Senate, the majority is supposed to hopes and talents on unworthy pur- amendment. Again, these amendments determine the schedule. It is not a very suits. Instead, give us freedom, not to have been debated previously and are big prerogative. We can’t impose our do as we like, but to like to do as we at this stage ready—should be ready will beyond a filibuster. And the Sen- ought. for the Senate to work its will. There- ators on the other side of the aisle are Guide our Senators today and give fore, I hope we can begin to schedule competent, able, resourceful as they them Your peace. those votes to allow further progress articulate their views and carry their And, especially, Lord, we pray today on the bill. policies forward. That is something we for those who mourn. Rollcall votes are anticipated understand. In Your strong name. Amen. throughout the day and it is still my But when it comes to a matter of the expectation to complete the Labor- schedule it is my hope that the major- f HHS bill as early as possible this week. ity’s prerogative to establish the PLEDGE OF ALLEGIANCE Also, I would supplement what the schedule will be respected. The PRESIDENT pro tempore led the leader has said, that there is no reason When I commented about our being Pledge of Allegiance, as follows: we can’t finish this bill if we can get a in the majority, my esteemed col- I pledge allegiance to the Flag of the schedule of votes. It conceivably could league, Senator HARKIN said: Well, it’s United States of America, and to the Repub- be done today but certainly no later only 51 to 48 and 1. lic for which it stands, one nation under God, than tomorrow if we move ahead and There have been closer elections. indivisible, with liberty and justice for all. break this logjam as to when the votes There have been elections by 1 vote, 1 f are going to occur. not by 2 ⁄2 votes. The leader concludes his own state- So it is my hope that we can at least RECOGNITION OF THE ACTING ment: As a reminder, today the Senate be accorded the prerogative of running MAJORITY LEADER will recess from 12:30 to 2:15 for the the schedule. If people on this side of The PRESIDENT pro tempore. The weekly party lunches to meet. the aisle dig in their heels, like people Senator from Pennsylvania is recog- In addition to the comments I have on the other side of the aisle, and peo- nized. read on behalf of the leader, as the ple on the other side of the aisle dig in f manager of the bill I would supplement their heels, we are not going to be able what the leader has said to urge us to to conduct the people’s business. SCHEDULE move forward. There is a certain reluc- I see the Senator from Nevada wait- Mr. SPECTER. Mr. President, I have tance, understandable reluctance, on ing to speak. I will conclude. The Sen- been asked by the majority leader to the part of the Members on this side of ator from Nevada has been in the make the following statement. the aisle, to be, in effect, dictated to as Chamber more in the past several years For the information of all Senators, to when we are going to vote. than anybody else, managing the busi- this morning the Senate will resume I understand the problems faced by ness of the Senate. He has done that consideration of H.R. 2660, the Labor, the Democrats, where they have a when he has been in the majority and

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

S11191

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VerDate jul 14 2003 23:37 Sep 09, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A09SE6.000 S09PT1 S11192 CONGRESSIONAL RECORD — SENATE September 9, 2003 he has done that in the minority. I time four Members are running in the time. We will swallow whatever pride know he does his utmost to try to work Presidential campaign, said to the ma- we have, and hopefully you folks will, these matters out. jority that we can’t vote today because and we can finish this bill. So it is my hope that reason will pre- people are running for President. We Mr. SPECTER. Mr. President, the vail and we can find a way to get out of have never done that. We have lost by Senator from Nevada has articulated the entrenched positions, move ahead, one vote. And we have gone ahead and some wisdom this morning in his com- do the public’s business, and finish this refiled amendments. We have taken ments about pride. I think of the state- bill. our lumps. ment ‘‘pride goeth before a fall.’’ I f On this occasion, we gave adequate think we can retain our pride and also notice that we think it is a good idea get this worked out. RECOGNITION OF THE ACTING to vote on Tuesday. But we never tried f MINORITY LEADER to play games as to why we wanted The PRESIDENT pro tempore. The that. We have done this on one occa- RECESS Senator from Nevada. sion. This is an extremely important Mr. SPECTER. Mr. President, I ask Mr. REID. Mr. President, I would like vote for the country. unanimous consent that the Senate to respond to my friend. He is abso- What I am saying is that I guess we stand in recess until 10:15 a.m. to give lutely right. He and Senator HARKIN are in a no-win situation. If the major- us an opportunity to try to ascertain have set an example after which many ity leader says we are not going to vote the position of the majority leader and of us have modeled our responsibilities on it today, then I don’t see any alter- the Republican caucus. on the Appropriations Committee. native. But we are not going to be able There being no objection, the Senate, I would say this. I think we should. I to finish this bill. This is an important at 9:44 a.m., recessed until 10:10 a.m. agree with the Senator from Pennsyl- bill for the people of the State of Ne- and reassembled when called to order vania. Why don’t we go ahead and fin- vada. ish this bill? I think we have lost the It is an important bill for the people by the President pro tempore (Mr. STE- time—we won’t be able to do it today, of this country. But the overtime issue VENS). but maybe we could do it tomorrow. is also an important issue. f I had suggested and made a unani- I say to my friend from Pennsylvania RECESS mous consent request that there be a that we are going to vote on this issue vote at 3:15. When do you want the vote whether it is on this bill or if we are The PRESIDENT pro tempore. In my today? It is the pending amendment. unable to finish this bill when it comes capacity as a Senator from Alaska, I When do you want the vote? I would back or on a continuing resolution— ask unanimous consent that the Sen- say that. Let’s vote on that. We have a however it gets here. We have a right ate stand in recess until 10:45 a.m. number of amendments on which we to vote on this amendment. There being no objection, the Senate, can go ahead and vote. We have a cou- I don’t understand why we cannot at 10:10 a.m., recessed until 10:44 a.m. ple more people who want to speak on have a vote sometime today. That is and reassembled when called to order the overtime issue, but they could do my point. Let the leader schedule it, if by the President pro tempore. that quickly. he wants to, right now. Do it now. If he f I say to my friend from Pennsyl- wants to do it at 6 o’clock tonight— vania, check with the majority leader. whenever he wants to do it—we can set RESERVATION OF LEADER TIME See when he wants the vote. He can set it up and get rid of all of these other The PRESIDENT pro tempore. Under the vote on overtime. We won’t set it. amendments and be in pretty good the previous order, the leadership time Let him set it. Set the time for that. shape to finish this bill tomorrow is reserved. We can go ahead and dispose of other sometime. f amendments. I think if he came back Mr. SPECTER. Mr. President, we will and said fine, vote on it at 2:15, or try to find the position of the leader on DEPARTMENTS OF LABOR, whenever—give us a suggestion—then this issue as he represents the major- HEALTH AND HUMAN SERVICES, we will try to finish this bill. ity. We will report back as promptly as AND EDUCATION, AND RELATED Mr. SPECTER. Mr. President, I we can. AGENCIES APPROPRIATIONS would direct this question to the Sen- Mr. REID. Mr. President, if I may say ACT, 2004 ator from Nevada. He says let the ma- one other thing, this kind of reminds me of Roger Miller. He was a song- The PRESIDENT pro tempore. Under jority leader determine when the vote the previous order, the Senate will re- should be set. I would agree with that. writer. He wrote songs which I identi- fied with more than my friend from sume consideration of H.R. 2660, which But suppose the majority leader says the clerk will report. we ought to take the Harkin amend- Pennsylvania who probably likes opera and other things. But one of the lines The assistant legislative clerk read ment vote after we take the votes on as follows: the other amendments? in one of the songs which Roger Miller A bill (H.R. 2660) making appropriations Mr. REID. Fine. wrote was pride is the chief reason for the decline in the number of husbands for the Departments of Labor, Health and Mr. SPECTER. And vote, but not Human Services, and Education, and related necessarily today. and wives. I think that is really true. That is what we have here. We are agencies for the fiscal year ending Sep- Mr. REID. Mr. President, I would say tember 30, 2004, and for other purposes. to my—— being prideful saying I got you and you Mr. SPECTER. Mr. President, let me got me. Why don’t we, as adults, try to Pending: add, I personally don’t object to voting work this out so we can have a vote on Specter amendment No. 1542, in the nature today, but there are a lot of people on overtime. We want it at 3:15. Have the of a substitute. leader set it any time he wants today Byrd amendment No. 1543 (to amendment this side of the aisle who do as a mat- No. 1542), to provide additional funding for ter of protocol and principle. but complete the other amendments education for the disadvantaged. That is why I am going to leave the that are important. It is a tough vote. Akaka amendment No. 1544 (to amendment Chamber in a few minutes and, along There is no question about that. Most No. 1542), to provide funding for the Excel- with the President pro tempore, who is of them are 60-vote waivers. lence in Economic Education Act of 2001. the chairman of the full committee, I would like to finish this bill. I know Mikulski amendment No. 1552 (to amend- discuss the matter with the majority the Presiding Officer has a real interest ment No. 1542), to increase funding for pro- leader. in this. Once we knock this out, we grams under the Nurse Reinvestment Act But as I understand the position of have eight more appropriations bills to and other nursing workforce development go. We might be able to do another one programs. the Senator from Nevada and his side Kohl amendment No. 1558 (to amendment of the aisle, it is that they insist on the this week. That would leave seven. No. 1542), to provide additional funding for vote today. That puts us in pretty good shape to the ombudsman program for the protection Am I incorrect about that? finish all of this. of vulnerable older Americans. Mr. REID. Mr. President, we have We want a certain time this after- Kennedy amendment No. 1566 (to amend- never in the past 6 months, during the noon, but we can do it some other ment No. 1542), to increase student financial

VerDate jul 14 2003 02:07 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.004 S09PT1 September 9, 2003 CONGRESSIONAL RECORD — SENATE S11193 aid by an amount that matches the increase Unfortunately, the administration’s menting a new regulation that could in low- and middle-income family college only plan seems to be more of the result in millions of American workers costs. same. Since January of 2001, we have losing their overtime pay protection. Dodd amendment No. 1572 (to amendment lost more than 3 million jobs. This is My amendment is very straight- No. 1542), to provide additional funding for grants to States under part B of the Individ- the first administration since Herbert forward. It would allow the administra- uals with Disabilities Education Act. Hoover to lose jobs, and our President tion to increase overtime pay protec- DeWine amendment No. 1561 (to amend- says more of the same. tion for working Americans but not ment No. 1542), to provide funds to support We have to do something different. take it away from those who currently graduate medical education programs in Instead of a continual program of tax have that protection. children’s hospitals. breaks for those who have the most, we I was quite surprised, as a matter of DeWine amendment No. 1560 (to amend- have to create jobs for those who want fact, to come to work yesterday and ment No. 1542), to provide funds to support to work. We can create jobs by building find that on Friday, after we had de- poison control centers. DeWine amendment No. 1578 (to amend- new schools, roads, bridges, by rebuild- bated this appropriations bill—we ment No. 1542), to provide funding for the ing our decaying sewer systems, and by adopted a couple of amendments on the Underground Railroad Education and Cul- replacing broken water pipes. Any appropriations bill last Friday, and, we tural Program. State in the Union qualifies for new all know, at the end of the day, the Harkin amendment No. 1580 (to amend- schools, new roads, new bridges, and, of leader always has unanimous consent ment No. 1542), to protect the rights of em- course, rebuilding our decaying sewer requests agreed to that have been ployees to receive overtime compensation. systems and replacing broken water worked out on both sides. I was quite Mr. STEVENS. Mr. President, I sug- pipes. surprised to see that last Friday, the gest the absence of a quorum. All over America there are plans no Senate passed unanimously, by con- The PRESIDING OFFICER (Mr. longer on the drawing boards. They are sent, a sense-of-the-Senate resolution ENZI). The clerk will call the roll. ready to be executed. They just need supporting a balance between work and The assistant legislative clerk pro- the money. We can create jobs. For personal life being in the best interest ceeded to call the roll. every billion dollars we spend on a pub- of national worker productivity and Mr. REID. Mr. President, I ask unan- lic works project, we create 47,000 high- families. imous consent that the order for the paying jobs. We can also create jobs by S. Res. 210 was adopted last Friday. quorum call be rescinded. promoting new technology to produce It is sponsored by Mr. HATCH, Mr. KEN- The PRESIDING OFFICER. Without energy, and we can do this by having a NEDY, Mr. DODD, Mr. ALEXANDER, and I objection, it is so ordered. view that we should do more with re- assume others. It expresses the sense of Mr. REID. Mr. President, last week newable, nonpolluting sources. This the Senate that supporting a balance the Labor Department announced we will not only create jobs, it will benefit between work and personal life is in had lost almost 100,000 more jobs in the our environment and help us achieve the best interest of national worker month of August. Almost 9 million energy independence. productivity and that the President American people are unemployed. Al- We can save existing jobs by helping should issue a proclamation desig- most 2 million of these people have our financially burdened States so they nating October as ‘‘National Work and been out of work for more than 6 do not have to raise taxes on working Family Month.’’ months. As bad as these numbers are, families and small businesses. We can I will read a few of the clauses that the real story is even worse. These fig- reverse this trend. We can save the jobs we all voted for last Friday: ures don’t include 1.7 million people we have and help create new ones. We Whereas the quality of workers’ jobs and who want work but have given up look- have to be innovative. the supportiveness of their workplaces are ing for it and are no longer counted in I hope the President will consider key predictors of job productivity, job satis- the unemployed listed by the Labor De- joining with this Senator and others faction, commitment to employers and re- partment. They don’t qualify. who want to push what we call the tention. . . . The problem is especially frightening American Marshall Plan; that is, have Whereas employees who feel overworked among minority groups. Unemploy- tend to feel less successful in their relation- the Federal Government spend money ships with their spouses, children, and ment among African Americans is dou- to create jobs. These jobs are not Gov- friends, and tend to neglect themselves, feel ble the rate for whites. It is much hard- ernment jobs; they are private sector less healthy, and feel more stress; er for Hispanic and Asian Americans to jobs. Whereas 85 percent of U.S. wage and sala- find jobs. I repeat, for every $1 billion we ried workers have immediate, day-to-day Some may have heard the economy spend, there are 47,000 high-paying family responsibilities off the job; in Nevada is booming. We are so fortu- jobs, and the spinoff from those jobs is Whereas 46 percent of wage and salaried nate. It isn’t as bad as it is in some unbelievably large. That is what we workers are parents with children under the places. But ‘‘booming’’ is not the prop- age of 18 who live with them at least half- need to do. America needs it. We need time; er term for it. People in Nevada, as it to create jobs, but we also need it to Whereas job flexibility allows parents to be good as it is, are having a lot of prob- make America a better place to live more involved in their children’s lives, and lems. We have more than 90,000 people with better roads, bridges, dams, clean- parental involvement is associated with chil- out of work. These numbers are grim, er water, and able to adequately dis- dren’s higher achievement in language and and they don’t even begin to tell the pose of our sewer problems. mathematics, improved behavior, greater story. Mr. President, I hope we can do some academic persistence, and lower dropout Every time we lose a job, it threatens of these activities in the immediate fu- rates. . . . Whereas nearly all working adults are con- another family’s American dream—the ture, and I hope we are joined by the cerned about spending more time with their dream of owning a home, building a administration. immediate family. . . . strong community, giving children a I suggest the absence of a quorum. Resolved, That— good education. The PRESIDING OFFICER. The (1) it is the sense of the Senate that— Some have said the economy is re- clerk will call the roll. (A) reducing the conflict between work and covering. But is it recovering when we The assistant legislative clerk pro- family life should be a national priority; and are still losing jobs to the tune of ceeded to call the roll. (B) the month of October should be des- Mr. HARKIN. Mr. President, I ask ignated as ‘‘National Work and Family 100,000 a month? We know job loss is Month’’; not a normal function of the business unanimous consent that the order for (2) the Senate requests that the President cycle. Job loss reflects more serious the quorum call be rescinded. issue a proclamation calling upon the people underlying problems with our economy The PRESIDING OFFICER. Without of the United States to observe ‘‘National such as the alarming loss of manufac- objection, it is so ordered. Work and Family Month’’ with appropriate turing jobs. In the last 3 years, we lost AMENDMENT NO. 1580 ceremonies and activities. 16 percent of our manufacturing jobs. Mr. HARKIN. Mr. President, last We adopted this resolution last Fri- This is serious, and we need to take it week I offered an amendment to the day, unanimously. Maybe some did not seriously. We need a plan to create pending appropriations bill that would know about it. I did not know about it more jobs. prevent the administration from imple- either, but I support it. It sounds very

VerDate jul 14 2003 23:37 Sep 09, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.006 S09PT1 S11194 CONGRESSIONAL RECORD — SENATE September 9, 2003 good: It is the sense of the Senate that 43 hours this week, 44 hours, 45, but The resulting effect on compensation and reducing the conflict between work and guess what. They do not get any more morale could be detrimental, as employees family life should be a national pri- money. They get the same salary they previously accustomed to earning, in some ority. had before. They just do not get any cases, significant amounts of overtime would suddenly lose that opportunity. We have this resolution, and now we more money. have the proposal by the administra- Now, what is an employer going to The administration argues the pro- tion, rolled out this spring under cover do? Why, here is a new pool of labor posal they are putting out is simply to of darkness—there was not one public that is not going to cost him a cent. So update and clarify current regulations hearing anywhere in the Nation—which why would they go hire someone new under the Fair Labor Standards Act. changes rules and regulations that will to work when they can take an exist- Again, the Society for Human Resource affect overtime protection for over 8 ing person and say work longer at no Management, which touts itself on its million American workers and their extra pay? Web site as the world’s largest associa- families. Employers will have a financial dis- tion devoted to human resource man- It is interesting that the administra- incentive to hire new workers if they agement, said the following: tion did not ask us to change the law. can force current workers to work This is going to affect every workplace, No, they just want to do it by rules and these longer hours without pay. every employee and every professional. regulations. Who are we talking about? We are I will explain a little bit about how We cannot have it both ways. We talking about nurses—again, we have a some of these rules work right now. cannot have a sense-of-the-Senate reso- nursing shortage right now and we are Under the Fair Labor Standards Act of lution saying—we all say—we have to trying to get more nurses—police offi- 1938, hourly workers are generally reduce the conflict between work and cers, firefighters, retail managers, in- guaranteed overtime pay when they family life, and it ought to be a na- surance claim adjustors, journalists, work more than 40 hours a week. Many tional priority; that people need to medical technicians, paralegals, sur- salaried workers are also eligible for spend more time with their families, veyors, secretaries, and so on. For overtime pay under this law. The ad- and then let the administration imple- most of those men and women, the ministration’s proposal will make it ment these changes in rules and regu- overtime pay they earn is not spare much easier for employers to deny sal- lations which mean that people will change. It is not for frivolous spending. aried workers overtime pay protection. have to work longer hours with less Sometimes it is essential to help pay The result: Millions of salaried workers pay. That is exactly what it means: the mortgage, feed the children, pay earning more than $22,100 a year would longer hours with less pay. for college, and save for retirement. be denied overtime under the proposed I found it so interesting that we have In fact, I have a recent letter from changes. This proposal would keep been debating my amendment—it came the National Association of Police Or- workers from spending time with their up last week. I guess we talked about it ganizations which represents thou- families without compensation. a couple of times during the week. We sands of law enforcement officers from Now, we said last week we want talked about it at length on Thursday. across the country. They oppose the workers to spend more time with their We spoke about it on Friday, and yet administration’s proposal because, as families. One of the ways to do that is on the very same day we adopt a sense- they said: if they have guaranteed overtime. of-the-Senate resolution unanimously Under such regulations, America’s State Maybe the employer says, well, I do saying we want to reduce stress on and local law enforcement officers, already not need an employee to work overtime families. We want to recognize that strained by countless overtime hours ensur- because I have to pay time and a half. workers need more time with their ing community safety from terrorist threats, Well, now if I do not have to pay them families. Well, OK, here is a chance to could lose their basic benefit accorded to time and a half, they can work 44, 48 not just have a sense-of-the-Senate res- them for their efforts. hours a week and I do not have to pay olution but to take concrete action to A few days ago President Bush was anything extra. make sure that happens by telling the asked a question about my amend- I have always thought at least—and I administration that we are not going ment. He said that basically I was think it has sort of been generally ac- to permit these changes in rules and wrong. He said that the proposal would cepted as a kind of a social contract in regulations that would take away over- increase overtime coverage for low-in- this country—that we wanted people to time protection for up to 8 million peo- come workers. spend more time with their families, ple. Interestingly enough, part of the pro- but if an employer needed someone to Again, a quick summary of the Bush posal does raise the income threshold, work overtime, that they would be administration’s proposal is simply and I will get into that in a minute. So compensated for that at more than just this: Eliminate the 40-hour workweek he says it is going to cover more peo- their regular pay because we were tak- by allowing employers to deny millions ple. The other part of the proposal, ing away the time they could spend of workers overtime pay, workers who though, in changing the rules, would with their family that would be beyond are currently guaranteed overtime pay result in up to 8 million people losing their normal workweek, and therefore protections under the Fair Labor overtime pay protection. we paid time and a half, or on Sundays Standards Act passed in 1938. This pro- By raising this income threshold, sometimes double time, for that kind posal is antiworker. It is antifamily. It most of the people who are already get- of overtime. is the antithesis, the total opposite, of ting overtime pay are already over Right now, American workers al- what we passed on Friday as a sense-of- that threshold so they are going to be ready work longer hours than any in- the-Senate resolution. It is an attack covered anyway. They are covered now. dustrialized country and nearly all on America’s middle and lower income They are going to be covered then. So Third World countries. This is a chart workers. It will not create one job. In it is really not going to increase the that shows that. U.S. work hours in- fact, just the opposite; it will kill a lot number of people paid overtime pay be- crease, over the years, while those in of jobs. cause they are already getting it. But other industrialized nations decrease. Why do I say that? Because employ- do not take my word for it. This is Here is the change in annual average ers right now know that if workers what industry and their consultants hours worked from 1979 to 2000. We see work more than 40 hours a week, they had to say about it from Hewitt Associ- in the United States it went up 32 have to pay time and a half overtime. ates. On their Web they say their cli- hours. In Japan, it has fallen 386 hours; So in many cases, they might find it ents include half of the companies on Germany, fallen 489 hours; France, fall- better to go ahead and hire someone the Fortune 500 list. This is what Hew- en 244 hours; Italy, 88; United Kingdom, new, hire another person, rather than itt Associates said: 107 hours; Canada, minus 31 hours; Aus- paying that kind of overtime pay. These proposed changes likely will open tralia, minus 44 hours. This is from the Let’s say one changes the rules of the the door for employers to reclassify a large Organization for Economic Coopera- game. No longer is one protected by number of previously nonexempt employees tion and Development, 2001. time and a half. That means their em- as exempt— Already, our workers are working ployer can say they need them to work Meaning exempt from overtime pay. more than their counterparts in all of

VerDate jul 14 2003 23:37 Sep 09, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.009 S09PT1 September 9, 2003 CONGRESSIONAL RECORD — SENATE S11195 these countries, from Japan to Aus- therapists, social workers, et cetera, it today, but I guess the leadership on tralia to the United Kingdom, France, those who are really doing the nitty- that side, on the majority side—I don’t and Germany. They have made a deci- gritty hard work to keep our society know what they are deciding right sion in those countries that one can together. These are the facts right now, whether or not we can vote on it still have high productivity and still here. Now we are going to tell these today or not. give workers time off to be with their women: Sorry, we know you have chil- But we are all here. families, and they have a better social dren in daycare, we know you have to The Senator from Pennsylvania ear- system and stronger families because pay a lot for childcare, but we need you lier mentioned something about Demo- of it, and because workers are not to work longer hours per week. cratic Presidential candidates being working so much they are more pro- Maybe in the past, if these women gone. That is true. They are running ductive in the time they do work. In had worked longer hours, they got time for President. The Senator from Penn- America we just keep on working peo- and a half for overtime, but now they sylvania sought the Presidency himself ple more and more, longer hours all the will not; they will get the same salary once. So did this Senator from Iowa. time. So already American workers are rate. Now they will have to continue to You know what it is like when you working longer hours. pay for more childcare. Yet they will have to be out there on the campaign Under this proposal put out by the not get 1 cent more for their labors. trail and attend to your duties here. Bush administration to take away This chart also shows what is hap- But it just so happens everyone seems overtime protection, in a few years this pening with middle-income families. to be here today. So why don’t we vote number is going to be skyrocketing. As Remember last week we passed a sense- today? Why is there an empty Cham- I said before, it is not enough that we of-the-Senate resolution saying it is ber? Why don’t we move ahead and export all of our manufacturing jobs the sense of the Senate that reducing vote—now, later, I don’t care when— out of this country to Third World the conflict between work and family and we can wrap up this bill by to- countries; now we are importing Third life should be a national priority? We night. World labor standards into this coun- recognized: Again, I don’t know why we would try: No labor protections and no over- Whereas nearly all working adults are con- want to make it easier to deny Amer- time protection, just work however cerned about spending more time with their ican workers overtime pay. Why would long your employer wants you to work immediate family; we want to make it easier? It seems to without overtime pay protection. Whereas 85 percent of U.S. wage and sala- me we would want to make it tougher. Major women’s organizations, includ- ried workers have immediate day-to-day family responsibilities off the job; If we want people to spend more time ing the National Partnership for Whereas employees who feel overworked with their families, reduce that kind of Women and Families and the American tend to feel less successful in their relation- stress, you would think we would want Association of University Women, op- ships with their spouses, children, and to make it tougher, harder to deny pose the administration’s proposal be- friends. . . . American workers overtime pay. But cause they fear an increase in manda- That is what we said last week on the the proposed regulations of the Bush tory overtime would take time away Senate floor. administration would make it easier. I from families and disrupt the schedules Here is what is happening with our don’t know. Why would we want to do of working parents as well as impose middle-income families. Average weeks that? How would this help the econ- additional childcare and other ex- worked per year by middle-income omy? How does it strengthen families? penses. families with children: In 1969, the How does it help people who need to I said last week that the first wave of number of average weeks worked per work overtime for extra pay? people who will be hit, if this proposed year by middle-income families with I read into the RECORD last Friday a change goes through, will be women. children was 78.2. Look at it now, 97.9 statement by a worker—I forget what This charts show what I mean and why weeks per year, average, for a middle- State she was from—who had a dis- it will be women who will be hit first income family in America with chil- abled child, and she was saying she and hardest. I am not saying men won’t dren. That is why I showed this first needed the overtime pay for her upkeep be hit; they will be. But I am saying chart, where you see the United States and to keep her child home and she re- the first wave of people hit the hardest is going up in hours worked and all the lied on her overtime pay. by taking away overtime pay protec- other countries are going down. And Here it is. Michael Farrar, from tion will be women. you wonder why American workers and Jacksonville, FL. He and his wife need If we look at the labor force partici- their families are stressed out, why we overtime pay to support their 21-year- pation rate for men and women from are having family strife in this coun- old disabled son Andy who lives with 1948 until today, we see participation of try, why families are breaking up, why them. Michael Farrar said: women has climbed dramatically. the divorce rate gets higher, why our When I took this job, it was clear that I Women’s participation in the labor kids don’t have parents around after was expected to work more than 40 hours per force climbed from slightly over 30 per- school to help nurture them. We won- week. And I agreed to it because I knew I’d cent to over 60 percent, and participa- der why we are having such trouble in need the money. We’d be devastated without tion rates for men consequently have our society. Because we are not letting the overtime now—we have no more corners declined from about 88 percent to about to cut. our working parents spend more time When I took this job it was clear that I was 74 or 75 percent. So it is women who with their families. expected to work more than 40 hours a week. have come into the workforce in the Columnist Bob Herbert recently And I agreed to it because I knew I would last 30 or 40 years. wrote in the New York Times: need the money. We see some other statistics here. We You would think that an administration Michael Farrar of Jacksonville, FL. find that 61.3 percent of married cou- that has presided over the loss of millions of Sheila Perez of Bremerton, WA said: ples with children were dual earners in jobs might want to strengthen the protec- 2002. tions of workers fortunate enough to still be I began my career as a supply clerk earn- ing $3.10 an hour in 1976. In 1975, 47.3 percent of women with employed. But that’s not what the Adminis- tration is about. I entered an upward mobility program and children were in the labor force. In received training to become an engineer 2002, it was 71.8 percent. Since the Senate overwhelmingly technician with a career ladder that gave me Women with children under 3—in supported the Hatch resolution last a yearly boost of income. It seemed though 1975, only 34 percent of women with Friday, which I just quoted from— that even with a decent raise each year I children under age 3 were in the work- passed unanimously—I would think it really relied on overtime income to help force. Now it is over 60 percent of would be a no-brainer to support my make ends meet. There are many more sin- women with children under 3 who are amendment saying the administration gle parents today with the same problem. cannot take away overtime pay protec- How does one pay for the car that broke in the workforce. And 66 percent of down or the braces for the children’s teeth? women with children worked 40 hours tion for millions of Americans. But I When I as a working mother leave my 8- or more in 2002. don’t know what the situation is right hour day job and go home, my second shift Who are these women? Bookkeepers, now with the leadership. We wanted to begins. There is dinner to cook, dishes to paralegals, clerks, nurses, physical vote on it today. We wanted to vote on wash, laundry, and all the other house work

VerDate jul 14 2003 23:37 Sep 09, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.011 S09PT1 S11196 CONGRESSIONAL RECORD — SENATE September 9, 2003 that must be done which adds another 3 to 4 this? It is the pending amendment. I down worker protections by denying hours to your workday. When one has to put don’t know why we can’t vote on it. millions of Americans vital overtime in extra hours at work, it takes away from But evidently, for some reason, the Re- pay. This proposed rule would change the time needed to take care of our personal the three tests that must be met to de- needs. It seems only fair that one should be publican majority doesn’t want to vote compensated for that extra effort. on my amendment. The majority, for clare a worker exempt from the wage and hour protections of the Fair Labor These are not my words. These are some reason, doesn’t want to bring it Standards Act, thus opening the door the words of Sheila Perez of Brem- up for a vote. Why, I don’t know. After to denial of overtime benefits to more erton, WA. all, Republicans, as well as Democrats, voted unanimously last Friday saying than 8 million workers who currently It seems only fair that one should be com- are entitled to this extra pay for work- pensated for that extra effort. Overtime is a that it is the sense of the Senate that sacrifice of one’s time, energy and physical reducing the conflict between work and ing more than 40 hours per week. and mental well-being. Compensation should family life should be a national pri- Under current law, a worker must be commensurate in the form of premium ority. Why we don’t want to vote on meet each of three tests to be declared pay as it is a premium of one’s personal this today, for the life of me, I can’t exempt from overtime protections. time, energy and expertise that is being understand. First, workers earning less than a cer- used. It has been a crime that many engi- I end my comments now, but I will be tain level each week cannot be exempt- neers and technicians were paid less than back to talk more about this overtime ed. Second, workers must be paid a set even their straight time for overtime salary, not an hourly rate, in order to worked. It has never made sense to me that issue because it is a national issue. It the hours I work past my normal 8 are of a is one that strikes at the very heart of be exempt. Finally, only workers lesser value when those additional hours are the middle-income and middle-class whose job responsibilities are pri- a cost of my personal time. families in this country. It is an issue marily classified as administrative, What do we say to Sheila Perez? that strikes at the very heart of our professional, or executive can be ex- What do we say to Michael Farrar? I productivity as a country. It is an issue empt from overtime protections. The think what we say to them is that we that strikes at the very heart of what proposed rule would reduce the edu- understand. We passed a sense-of-the- kind of society we want to be and to cational levels required to be classified Senate resolution last Friday. That is become. It strikes at the very heart of as a professional or administrative em- what we did. We passed a sense-of-the- working women who have children and ployee, thus allowing employers to sub- Senate resolution expressing the sense who want some time, as Ms. Sheila stitute as little as 2 years of work ex- of the Senate that workers are over- Perez said, to attend to personal needs perience for education when consid- stressed and overworked. They are con- and to a second shift at home with ering whether an employee should be cerned about spending more time with their kids and family. That is what it entitled to overtime protections. I am deeply concerned that the ad- their families. We said it is the sense of strikes. ministration continues to characterize the Senate that reducing the conflict It is time for us to do our duty, to do these changes to overtime protections between work and family life should be our job, to stand up for working fami- as ‘‘small’’ or ‘‘insignificant.’’ During a national priority. Yes, Michael lies and to stand up for the men and an August 31 interview with National Farrar, that is what we said. Yes, Shei- women of this country who are now Public Radio, the Secretary of Labor la Perez, we said that on your behalf being overworked and underpaid. If said of the proposed rule, ‘‘it’s not an last Friday. But, Michael Farrar; but, this proposed change in regulations overtime regulation. We have many, Sheila Perez, today, on Tuesday, the goes through, it will mean more over- many overtime regulations. This is not week after, we are not going to do one work and more underpay. That is the one of the major ones. This is a small single thing to stop the Bush adminis- wrong direction for our country. It is part of the Fair Labor Standards Act time for the Senate to say no to these tration from changing rules and regu- that pertains to white collar workers. changes in regulations that would take lations that will take away your over- So it’s got nothing to do with blue col- time pay protection. away overtime pay protection for mil- lar workers.’’ It is not what we do, Ms. Perez or Mr. lions of middle-income Americans. The wage and hour protections of the Farrar, that is important around here. I yield the floor. I suggest the ab- FLSA are intended to protect all work- It is what we say that is important. We sence of a quorum. ers from being forced to work excessive said: We are on your side. We under- The PRESIDING OFFICER. The hours without additional compensa- stand your problems. Gosh, we think it clerk will call the roll. tion. The Secretary’s attempt to dif- The legislative clerk proceeded to should be a national priority. But don’t ferentiate between white collar and count on our votes to make it happen. call the roll. blue collar workers in such a way as to Mr. FEINGOLD. Mr. President, I ask Listen to what we say but don’t watch imply that only blue collar workers are unanimous consent that the order for what we do around this place. protected by the FLSA is troubling. It is time for us to stand and be the quorum call be rescinded. According to the Economic Policy In- counted and to put into form what we The PRESIDING OFFICER. Without stitute, EPI: objection, it is so ordered. said last week the facts are. These are The revised regulations—would dramati- all nice words on a piece of paper. This Mr. FEINGOLD. Mr. President, the cally increase the number of workers whose is what we believe without actions to Department of Labor overtime pro- jobs are classified as professional, adminis- back up our beliefs. posal is the latest in a series of as- trative, or executive and therefore ineligible What I am asking is the Senate now saults on working Americans that for overtime pay. The blurring of the lines back up those nice words that we said began in the early days of this adminis- between managerial and hourly staff, cou- last Friday in this sense-of-the-Senate tration. Right out of the gate, the pled with a downgrading of the educational resolution—back them up with a President made it his first legislative standards required to exempt employees from overtime pay, will give employers a strong vote saying that we are going to priority to overturn a Federal powerful incentive to switch millions of protect overtime pay protection. We ergonomics standard that was more workers from hourly to salaried status in are not going to permit overtime pay than 10 years in the making. I am also order to reap the benefit of a newly created protection to be taken away. If you do concerned about the approach this ad- pool of unpaid overtime hours. not to strengthen it, or if you want to ministration has taken on the collec- In essence, this rule would create a extend overtime pay protection for tive bargaining process through its use larger force of employees who can be more workers, that is fine. But don’t of the Railway Labor Act and the Taft- required to work longer hours for less take it away from the workers who Hartley Act. We have also seen the re- pay. This could also mean fewer oppor- now have it. introduction in Congress of so-called tunities for paid overtime for the work- That is what this amendment that I ‘‘family friendly’’ workplace bills that ers who would remain eligible for it. have offered is all about. I am hopeful we all know really seek to rob working The administration has claimed that we can get to a vote on it today. We families of vital overtime pay. they are trying simply to update and are here to vote. It is Tuesday. It is al- In March of this year, the Depart- clarify the FLSA as it applies to white ready 11:30. We haven’t had one vote ment of Labor proposed a regulation collar employees. According to the today. Why not? Why don’t we vote on that builds upon these efforts to tear Secretary:

VerDate jul 14 2003 02:07 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.014 S09PT1 September 9, 2003 CONGRESSIONAL RECORD — SENATE S11197 ‘‘[W]hat we are trying to do is clarify a en to veto a bill that includes crucial tration promulgated new rules weak- regulation that has not been modernized in funding for labor, health, and edu- ening overtime protection for workers. well over 50 years. And the ambiguity in the cation programs because the adminis- Again, as I said, there was no consulta- regulation is impeding the Department’s tration, apparently, is digging in its tion with us or the millions of workers ability to enforce the law so that we cannot protect workers who need protection. So heels about a proposal that would deny affected before the most sweeping what we are trying to do is to guarantee vul- millions of Americans overtime pay. I change in overtime rules was issued. nerable, low-wage workers the overtime that regret that this administration is so The overtime regulations have they deserve, and we also want to provide determined to undermine labor protec- changed over the years but, as Senator clarity so that business people know what tions for American workers that it HARKIN has so ably and eloquently they’re supposed to be doing. would actually threaten to deny fund- pointed out, this is the first time the It seems to me that the FLSA is ing for schools, health care, job train- Department of Labor has used their ef- abundantly clear: if a worker who is ing, and other programs that it regu- forts to update the salary threshold as covered by the act works more than 40 larly claims are a priority. a back door to take away overtime pro- hours per week, he or she is entitled to I urge my colleagues to support tection for millions of workers. This is time-and-a-half pay for each extra hour working families by supporting the a major constraint being created in the worked. Harkin amendment. overtime rules. According to the EPI, the adminis- Mr. President, I yield the floor and What is remarkable is that overtime tration’s proposed changes go far be- suggest the absence of a quorum. pay now accounts for 25 percent of the yond simple clarifications. ‘‘It is trou- The PRESIDING OFFICER. The income of workers who work over- bling that such dramatic losses in over- clerk will call the roll. time—25 percent. These rules affect time protection are being proposed as a The legislative clerk proceeded to firefighters. It affects policemen. It af- means of bringing clarity to the regu- call the roll. fects first responders in various ways— lations and reducing litigation. As [our Mr. STEVENS. Mr. President, I ask emergency medical technicians, li- report] has shown—the proposed rule is unanimous consent that the order for censed practical nurses, pilots, dental rife with ambiguity and new terms— the quorum call be rescinded. hygienists, health technicians, elec- that will spawn new litigation.’’ The PRESIDING OFFICER. Without trical technicians, air traffic control- The Secretary’s contention that the objection, it is so ordered. lers. They are all affected, and that is FLSA has not been updated in 50 years f not a complete list. is just plain false. Congress has amend- ed and revised the FLSA numerous RECESS Senator HARKIN has noted it was just times since its enactment in 1938, most The PRESIDING OFFICER. Under last Friday we passed S. Res. 210. I will recently just 3 years ago. I regret that the previous order, the Senate stands not reread the whole thing, he did such this administration continues to char- in recess until 2:15 p.m. a good job earlier today, but we cite: acterize Federal labor protections as Thereupon, the Senate, at 12:30 p.m., . . . the more overworked employees feel, the ‘‘outdated’’ and claims that it seeks to recessed until 2:15 p.m. and reassem- more likely they are to report making mis- ‘‘update’’ them for the new century, bled when called to order by the Pre- takes, feel anger and resentment toward em- ployers and coworkers, and look for a new when, in fact, many of its proposals siding Officer (Mr. VOINOVICH). job . . . would roll back protections for workers f Whereas 46 percent of salaried workers are around the country. DEPARTMENTS OF LABOR, parents with children under the age of 18 Who are the 8 million workers who who live with them at least half-time . . . will be affected by this proposed rule HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED Whereas nearly one out of every four change? According to EPI, 257 ‘‘white Americans—over 45 million Americans—pro- collar’’ occupational groups could be AGENCIES APPROPRIATIONS ACT, 2004—Continued vided or arranged care for a family member impacted. EPI did a detailed analysis or friend in the past year . . . The PRESIDING OFFICER. The of the effect of this rule on 78 of those With all those ‘‘whereas’s’’—again, I Democratic leader. occupational groups and found that 2.5 will not repeat them all—we concluded million salaried employees and 5.5 mil- Mr. DASCHLE. Mr. President, just prior to the caucus recess I had the op- just last Friday, unanimously, that it lion hourly workers would lose their is the position of the Senate that we overtime protections under the pro- portunity to talk to Senator FRIST about the pending schedule. We both should reduce the conflict between posed rule. And that is less than half of work and family life; that this should the occupational groups that would be had indicated to each other that it was our expectation we would talk to the be a national priority; that the month covered by this rule change. of October—next month—should be des- By broadening the FLSA wage and caucus about where we are with regard ignated as ‘‘National Work and Family hour exemptions, the Department of to that schedule. I had indicated it Month’’; and that the President should Labor is seeking to deny overtime ben- would be my expectation we could issue a proclamation calling upon the efits to a wide range of workers, in- complete our work on the Labor, Edu- people of the United States to observe cluding police officers, firefighters, and cation appropriations bill prior to Sep- ‘‘National Work and Family Month’’ other first responders, nurses and other tember 11; I couldn’t guarantee it, but with appropriate ceremonies and ac- health care workers, postmasters, pre- that would be my expectation. What we tivities. school teachers, and social workers, really wanted was an opportunity to do just to name a few. what Senator HARKIN has been calling If I had been on the Senate floor, I I am deeply troubled that the admin- for since he offered his amendment on would have offered an amendment. I istration would propose a rule that the overtime regulation last Friday. would have called for the passage, as would deny overtime benefits to the We have said if we can get a vote, well, of the Harkin amendment. How people who put their lives on the line which is, of course, the right of any could you possibly proclaim ‘‘National each and every day to protect our com- Senator to expect if he offers his Work and Family Month’’ and then tell munities and those who work in health amendment, if we have that vote, if millions of workers who earn overtime care professions, which, of course, as they cooperate, then certainly we can pay that they don’t have the right to we know, already are facing severe reciprocate. It is our desire is to recip- the protection that the Fair Labor staffing shortages. I am also dis- rocate and cooperate. Standards Act has provided them now appointed that the Office of Manage- However, I come to the floor this for over 65 years? ment and Budget issued a ‘‘Statement afternoon simply to reiterate how vi- The Republicans’ actions makes a of Administration Policy’’ document tally important this issue is. Eight mockery of this resolution. on this bill that states that the Presi- million people in this country today This is a critical vote. Whether it is dent’s advisers would recommend that will be affected by the vote to be taken today, tomorrow, or it is at some point he veto this important appropriations here. With absolutely no consultation, in the future, we will have a vote on bill if the Harkin amendment is adopt- with no public hearings, with little this legislation. We will vote on wheth- ed. I think it is irresponsible to threat- public debate, last spring the adminis- er to protect American workers against

VerDate jul 14 2003 23:37 Sep 09, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A09SE6.002 S09PT1 S11198 CONGRESSIONAL RECORD — SENATE September 9, 2003 this incredibly sweeping and irrespon- going to memorialize the heroes of nurses, firefighters, and policemen sible attack on their right to be com- September 11. The last memory we all overtime than to provide the funding pensated for overtime worked in this have of our President going down to which is essential to educate the chil- country today. Ground Zero and placing his arms dren and to provide for essential health Nothing could be more important. As around the shoulders of these brave needs. far as we are concerned, nothing in this people—and we just found out they Is that the understanding of our lead- bill is any more important than this were in serious danger due to what was er as to the position of the majority on amendment. happening in terms of the quality of this legislation? I come to the floor again to express the air. We have found that it was not Mr. DASCHLE. Mr. President, I was the hope that we can have the vote what it was said to be. Everything that struck by the extraordinary statement today and that we can move to com- I am reading and the mail I am getting made by the administration last week plete our work on the bill this week indicates that many of our firefighters, in a statement of administration pol- and send the right message, along with emergency workers, and nurses are icy. Last week it said we know there is the resolution we just passed last Fri- workers who rely upon overtime pay in approximately $21 billion in here for day, that we do respect the right of all order to keep their families together. I education and for those going to col- workers and that we respect their right have the most emotional letters which lege. The NIH funding is about $28 bil- to be paid fairly for the work they do. I have put in the RECORD on this point. lion. This bill will affect every school Mr. DURBIN. Mr. President, will the Does my friend not see the irony in district in America. It will affect chil- Senator yield for a question? the fact that we are approaching the dren under title I and disabled children Mr. DASCHLE. I would be happy to September 11 date and honoring the he- under IDEA. It will affect afterschool yield to the Senator from Illinois. roes of that day and they are the ones programs, preschool programs, and Mr. DURBIN. I would like to ask this who are going to be hurt by this ter- school lunch. It will affect virtually question: Is it not true that since rible ruling of the administration un- every aspect of education in America. President Bush took office we have lost less we prevail and have a vote to over- And the President said he is going to 3.3 million private-sector jobs in Amer- turn it? veto this legislation if we overturn the ica, more jobs lost than any President Mr. DASCHLE. Mr. President, the regulation on overtime. What kind of since Herbert Hoover and the Great De- Senator from California has articu- message does that send to America and pression, and that 75 percent of the lated it better than I did. I would call to those who heard this President say jobs lost have been manufacturing jobs it bitter irony as we approach Sep- over the course of his time in the and good paying jobs across America? tember 11 in recognition of so many White House that education is impor- Despite the fact that manufacturing first responders who gave their lives— tant to him, and that education is a jobs account for less than 14 percent of and in some cases because of the inju- special priority to him? our private-sector economy, 75 percent ries inflicted gave their livelihoods—as Apparently, it is not as much of a of the private-sector job loss has been we pass additional commemoration on priority as it is to ensure that we don’t in manufacturing jobs. These jobs have September 11 resolutions of praise and pass an amendment protecting workers been lost to Third World countries— gratitude to the first responders, how from losing their earned overtime. China and other nations. ironic that there would be an effort to Mr. KENNEDY. Mr. President, if I Is it not also true that this proposal promulgate a regulation that takes could ask one more question of the to cut overtime and basically defy the away their rights to compensation Senator, the Senator is very familiar sacred 40-hour workweek would result which they so richly and justly de- with the fact that our Republican in the importation of Third World wage serve. How ironic. friends refuse to permit the Senate to standards into the United States? It is The Senator from California is right. have a vote on increasing the minimum bad enough that we have lost millions If we are going to pass these com- wage. If we don’t increase the min- of jobs to the Third World and over- memorations again—and indeed we imum wage, it will be the lowest in seas. Is this proposal by the Bush ad- should—let us make them meaningful. terms of purchasing power in the his- ministration adding insult to injury by Let us say that we also recognize the tory of minimum wage. Republicans bringing those Third World work contribution you make every day—not won’t permit that. They oppose the standards to America’s families we just what you contributed on Sep- Davis-Bacon provision which permits honored with that resolution last Fri- tember 11, 2001, but what you are con- construction workers to be able to day? tributing on September 11, 2003, and have a decent income. They have effec- Mr. DASCHLE. I am afraid the Sen- every single day you come to work. Let tively also withdrawn—listen to this— ator from Illinois is exactly right. This us acknowledge that contribution. Let the tuberculosis standard in OSHA is a license to import Third World wage us acknowledge it with a meaningful which is so essential in order to protect standards into the United States—to commitment in pay by overturning people who have contamination in turn the clock back 65 years. That is this harsh regulation. exactly what we are doing. We are tell- Mr. KENNEDY. Mr. President, will their lungs. We have seen the pensions ing the workers that you are not only the Senator yield? of working families collapse over the not going to get overtime, but this is Mr. DASCHLE. Yes. period of the last 3 years. just the beginning. If they get away Mr. KENNEDY. Do I understand cor- What in the world has this adminis- with this, where does it end? rectly that it is the position of the Re- tration got against working families? The Senator is right about unem- publican Party that rather than giving This seems to me to be symbolic of ployment, whether the number is 2.7 an opportunity for the Senate to ex- their attitude about working families: million or 3.3 million. There were 93,000 press itself, the President has an- Let them eat cake. Let them eat cake. last month alone. nounced that if this particular provi- As the Senator has pointed out time The situation is going from bad to sion is turned over—effectively if we and time again, it is the working fami- worse. We are not only losing jobs, but vitiate what the administration is at- lies who have been the backbone of our those who have jobs are losing pay. As tempting to do on overtime—they are economy historically when things have the Senator from Illinois said so well, prepared to veto legislation which is gone well and it is the working families we are importing Third World stand- vital for the education of the children, who have taken the brunt when we ards on those wages as a result of these K–12, legislation which provides impor- have had mismanagement of the econ- proposed regulations. tant help and assistance for those omy. Mrs. BOXER. Mr. President, will the young students who are trying to con- Does the Senator share my view? Is Senator yield? tinue along in terms of higher edu- that a fairly good indicator of the kind Mr. DASCHLE. I would be happy to cation, and effectively emasculate or of contemptuous attitude the adminis- yield to the Senator from California. undermine, as well, the funding that is tration has generally with regard to Mrs. BOXER. I would like to ask a necessary for the National Institutes of working families? question of my colleague. Here we are Health? This administration evidently Mr. DASCHLE. Mr. President, the in the week of September 11. We are is saying it is more important to deny Senator from Massachusetts has put

VerDate jul 14 2003 23:37 Sep 09, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.021 S09PT1 September 9, 2003 CONGRESSIONAL RECORD — SENATE S11199 his finger on the right word, ‘‘contemp- ator from South Dakota, since nurses Mr. DASCHLE. I say to the Senator tuous.’’ There was a contemptuous at- are on salary, if they could be reclassi- from Iowa, that is exactly the case. titude on the part of this administra- fied and they would then have to work You do not need to be an accountant to tion with regard to the importance of mandatory overtime but they would realize the dramatic financial con- the minimum wage. not be paid for it; is that the Senator’s sequences this will have on so many With regard to the importance of understanding? working women but especially those pension security, how many millions of Mr. DASCHLE. Mr. President, the who are faced with extraordinary workers have been adversely affected Senator’s appreciation of the impact of childcare costs today. I am dis- by the corporate governance scandals this amendment on nurses is abso- appointed on that front. over the last couple of years? There is lutely correct. I commend the Senator, I understand we will take up the wel- not one peep out of this administration again, for his extraordinary efforts and fare reform reauthorization tomorrow. when it comes to pension security. his leadership over the last couple of I am told the childcare funding in- How many millions of workers, espe- weeks. He has made me so proud. Every crease was cut from $5.5 billion to $1 cially those first responders, 8 million working person in America owes Sen- billion in the markup before the Fi- workers, will be affected by this ban on ator HARKIN a debt of gratitude for his nance Committee. I am astounded that overtime pay? How many millions of powerful articulation of their cause, as anyone could, with a straight face, say workers are affected each and every we have addressed this and other issues we want you off of welfare to work but day by the health and safety issues affecting employees, not just nurses. we will cut your access to childcare they continue to fight—ergonomics and In answer to his question, absolutely, under this legislation. So not only is a whole array of other issues, issues we nurses are affected because nurses the problem for working women re- have forced the Senate to consider over often work extraordinarily long hours flected in this regulation but in the the years as we try to make the work- earning overtime. In fact, there is very legislation we could address as place a safer and healthier place for all probably no category of workers today, early as tomorrow in the Finance Com- workers? at least in the health care field, more mittee. On each and every one of these issues overworked than our nurses, in large This legislation cries out for fairness and many more, this administration part because of the shortage the Sen- for working women, for those working has demonstrated a contemptuous atti- ator has addressed in his question. We two and three jobs just to make ends tude. I say it is the most antiworker have a chronic shortage of nurses in meet. There is no way we can pass the administration we have seen, at least America, especially in rural areas and resolution we passed last Friday call- in my time in public life. especially in South Dakota. Far too ing for a recognition of the American Mr. HARKIN. Will the Senator yield? many nurses in South Dakota would be worker during the month of October Mr. DASCHLE. I am happy to yield. adversely affected by this regulation. and fail to recognize the importance of Mr. HARKIN. I thank the Senator We have to recognize what a blow it repealing this regulation before Octo- from South Dakota for his strong sup- would be to them. If 25 percent of their ber even begins. port of working families not only on income is derived from overtime, we Mr. HARKIN. If the Senator will this issue but on every issue that are taking away one-quarter of their yield for one last question, last week I comes up in the Senate. The Senator purchasing power in one fell swoop by was talking to one of my colleagues on from South Dakota has always been this regulation. That is why this is the Senate floor about my amendment, there for working men and women and such a critical fight for us and why it about this amendment, and about the their families, as he is today. I thank is so important to make this case on impact on overtime pay. My colleague the Senator from South Dakota, our this bill. said: One of the strange things about Mr. HARKIN. If the Senator will Democratic leader, for his stalwart, this is that I have heard no big move- yield further for one more question, I strong support to make sure we have ment in my State. There is no uprising thank him for his kind words on my be- fairness and justice for our working in my State about changing the over- half. I respond by saying I am fortu- families. I thank the Senator for his time laws. I have not heard from busi- nate to have good leadership, the lead- strong support for making sure these ness. I have not heard from workers. I ership of the Senator from South Da- workers who are asked to work over- got to thinking: You know, neither kota and the Senator from Nevada, in have I. I have not had any businesses in time get paid justly for that. carrying this fight forward. I thank The Senator mentioned a number of my State coming to me saying: Sen- both for their great leadership. the people to be affected, first respond- ator, we have to change these overtime As I pursue this issue about women laws. They are a terrible burden on us. ers and others. It has been said, and I being affected, face it, most nurses are ask the Senator to respond, that per- We have to get rid of them. We have to women. That is the way it is. They will change them. I have not heard them haps the first wave of people to be hit be greatly affected. by the changes in rules and regulations say that. Where does this come from? Another figure we ought to look at— I ask my fellow Senators, I ask the would be women because so many and I ask the Senator for his thoughts Senator from South Dakota, has any- women have come into the workforce on this—in 1975, women who had chil- one here been really lobbied hard by in the last few years. Many of them are dren under the age of 3 made up only 34 anyone in their States to change these salaried and now they would be ex- percent of our workforce; today that is overtime laws? Where is it coming empt, they would not get paid for over- 60.2 percent. Over 60 percent of women from? time. with children under the age of 3 are Mr. DASCHLE. I respond to the dis- One of the first waves to be hit is now in the workforce. tinguished Senator from Iowa, Mr. nurses. Right now, we are facing a I ask the Senator, is it true that President, that this resolution could nursing shortage in our country. I these women—maybe not all but most have been written by a good employer know in South Dakota and Iowa and of them—have to have daycare, some because the good employers that you the Midwest we have a terrible nursing childcare, for their children? So now, and I talk to in Iowa and South Dakota shortage. Nurses under the age of 30 these women who are paying a lot for understand and agree with what this represent only 10 percent of the nurs- childcare, if they do not have to be resolution recognizes. ing workforce. By 2010, 40 percent of paid overtime under the proposed Mr. HARKIN. The one we adopted the nationwide nursing workforce will changes the Bush administration wants last Friday. be over the age of 50, nearing retire- to make, would be forced to work over- Mr. DASCHLE. Yes, the one we ment. Right now, nurses are already time. Does that not mean they would adopted last Friday: forced to work mandatory overtime. have to pay even more for childcare Whereas the quality of workers’ jobs and Go to a hospital anywhere and you will than what they are paying now, yet the supportiveness of their workplaces are find nurses being told to work over- they would not get one nickel more in key predictors of job productivity, job satis- time. The only good thing is they are their income to help pay for it? Is this faction, commitment to employers, and re- paid time and a half now. not also what would happen to women tention. With these proposed changes, if they under the proposed changes in the Every good employer in South Da- were to go into effect, I ask the Sen- overtime proposal? kota understands that. That is as clear

VerDate jul 14 2003 00:15 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.018 S09PT1 S11200 CONGRESSIONAL RECORD — SENATE September 9, 2003 and as unambiguous a principle of good they understand that by eliminating Let’s not do that. The Senate, on a management as you will ever find. So the overtime pay it is affecting the bipartisan basis, ought to rise above is the next one: bottom line. that kind of hypocrisy and say: We are Whereas there is a clear link between Earlier I heard the Senator talking not only going to support you next work-family policies and lower absenteeism. about what is happening in terms of month, we are not only going to sup- So the Chamber of Commerce could the police and the firefighters. I bring port you this Thursday, but we are write that. If we want to make sure we this chart to the attention of the Sen- going to support you every day—by have low absenteeism, if we want to ator and see whether he agrees. This is simply supporting the law that has make sure we have high job produc- from the National Association of Po- been on the books since 1938, the Fair tivity, job satisfaction, commitment to lice Organizations. The Bush proposal Labor Standards Act. That is what this employers, and retention, what do you would deny overtime: amendment is about, and that is why it do? You tell those workers in more Under such regulations, America’s State is so important to many of us. than just a resolution that their con- and Local law enforcement officers, already I yield the floor. tribution matters, and that if we are strained by countless overtime hours ensur- The PRESIDING OFFICER. The Sen- going to ask them to work longer than ing community safety against terrorist ator from Connecticut. a 40-hour workweek, we are going to threats, could lose this basic benefit ac- corded to them for their efforts. Mr. DODD. Mr. President, before he compensate them for that. leaves the floor, I thank the distin- This is from the International Union We became one of the most produc- guished Democrat leader for his com- of Police Associations: tive nations in the world over the ments and others for their comments. I course of the last 70 years. Why? Be- The alterations would also provide a was going to ask him a question my- cause we had the most productive strong disincentive for agencies and munici- palities to hire additional first responders, as self, but I think our leader has already workers. Why did we have the most they seek ways to operate under the growing been standing on the floor for about an productive workers? Because there constraints of historic financial burdens. hour, so I will spare him that. I com- were enough businesses who under- The implementation of these rules mend him for his eloquence on this stand those basic principles of good would mark a critical step backwards issue and for his passion about it. business. for our public safety. . . . This is an issue that is befuddling, to That is all we are suggesting. Let’s I just wanted to reaffirm what the Senator put it mildly, to many of us. I have stick to those principles. Our country said in his excellent comments about the im- several amendments pending on the deserves no less. pact this would have on women, the impact education bill. I would very much like Mr. KENNEDY. Mr. President, the this would have on first responders, and the to raise them on Head Start and on Senator has been very generous with real threat and danger this poses to the hard- special education. We can’t get there his time. I bring two matters to the at- est working men and women in industrial so- apparently because we can’t get a vote tention of the Senator and ask whether ciety. They are the American workers and they have the most to lose. on this simple proposition. he agrees; I have listened to the ex- Not only are we not going to be able change between the Senator from Iowa I thank the Senator. to vote on overtime this afternoon, but Mr. DASCHLE. Mr. President, I and the Senator from South Dakota. we can’t even vote on whether or not This chart I have points out that thank the Senator for his contribution we ought to do more on special edu- middle-income mothers are working 55 and for his clarity with regard to the cation. We can’t do something more on percent more hours today than 20 years impact this will have on the workers Head Start, title I, Pell grants. Here we ago. This chart shows 1979 up through who he has again addressed, and are, coming in the midst of September, 2000. We have seen this dramatic expan- women in particular. the waning days of the Session, with sion of the number of hours that The irony could not be more evident. huge issues before us, and it is now the women are working in the workforce to As we praise the American workers’ provide for their families. productivity, we take away their very midpart of Tuesday—this started last At the same time we are seeing this right to fair and just compensation. We week some time—and it would take, I dramatic increase, we are finding out drive them into schedules that require suspect—and the Senator from Iowa is that there is a reduction in terms of even longer hours, away from their here, our leader; he can correct me— overtime. As the Senator pointed out children, away from their families. We maybe another 15 minutes of debate earlier, we are finding out that Amer- adopt resolutions lauding them—the and we could have a rollcall vote on ican workers—this column on the chart American worker and the working fam- this and move on. indicates the number of hours Ameri- ily—for the entire month of October. I will take a few minutes to express cans are working in relation to other Yet we can’t take 15 or 20 minutes on my views, which are very similar to industrialized nations. So workers are a Tuesday afternoon in September to those expressed by the distinguished working harder, they are working say that we mean what we say in Octo- minority leader, as well as Senator longer hours, they are more produc- ber—we are going to make sure you get KENNEDY, Senator DURBIN, Senator tive, and all they are asking is to be the overtime you deserve when you HARKIN, Senator BOXER, and others, on able to get decent pay. work over 40 hours. How bitter of an this matter. But I think it is a great But the question I ask the Senator is irony is that? tragedy. in relation to this particular chart. Then, perhaps the irony of ironies, as I thank the leader for taking the This is enormously interesting. Work- we turn our attention once again to the time to express to the American public ers without overtime protections are great tragedy of 2001, in just 2 days, we his great concern about this issue and more than twice as likely to work will come to the floor and we will the wonderment he expresses about longer hours. If you take those workers speak with reverence for those who lost why we can’t even have a vote on this who do not have overtime protection, their lives. We will thank those who proposal. I thank him and I know he they work more than twice as long as continue to put their lives on the line. has a busy afternoon. those who have the overtime protec- We will express, in as heartfelt a way I want to share with my colleagues tion. as I know everyone can, on Thursday, my own thoughts on this issue as well. If you take away this kind of protec- how grateful we are to the first re- I think it is remarkable. This is yet tion, the word ought to go out to work- sponders, to the policemen and the fire- one additional bad decision after an- ers that they are going to have to work men all across this country—in South other when it comes to the economy. longer and harder for less pay because Dakota, in Massachusetts, and every We have seen what has happened re- that is what is happening today. And place else—and then turn right around garding tax cut policy. I note an article that is what is happening for 40 hours and take away their overtime. written by Mike Allen and Jonathan a week. And for 50 hours a week, you How, in Heaven’s name, can we say to Weisman in the Washington Post ap- work three times as long if you don’t any of them, with any credibility: We pearing this past Saturday, page A6, ti- have any overtime protection than if care for you. We support you. We are tled ‘‘Tax Cut Claims Gain Criticism you have it. grateful to you. But we just don’t want As Employers Shed More Jobs.’’ I It is very clear that the Business you to pay you the overtime you have won’t read the whole article, but let Roundtable and others are correct as earned. me quote from it, if I may:

VerDate jul 14 2003 00:15 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.023 S09PT1 September 9, 2003 CONGRESSIONAL RECORD — SENATE S11201 Before the latest tax cut plan passed, rose by more than 600,000 in the same If an emergency occurs, or there are White House economists had predicted it period. problems with patients, you are always would add 1.4 million new jobs through the We are heading in the wrong direc- asked to stay on a few more hours and year 2004, on top of 4.1 million jobs that a tion. On top of all that, we now have a help out. growing economy would have generated any- And they do it. The idea that we way, a rate of 344,000 jobs created a month. decision being made by the administra- By its own accounting, the Bush administra- tion to eliminate overtime pay. People would be asking these people to con- tion has fallen 437,000 jobs short of its own in more than 250 white-collar occupa- tinue to provide the valuable services projections in August, a shortfall not lost on tions will lose their right to overtime. they do to sick individuals in our Na- the President’s critics. I won’t list them all, but they include tion’s hospitals and not provide them We have seen already tremendous job the critical areas of nursing, fire- compensation for doing so is truly out- losses in this country. The minority fighting, police forces, emergency med- rageous. The same goes for our fire- leader mentioned a job loss of 3.2 mil- ical services, health technicians, cler- fighters and police officers. lion jobs; 2.5 million of those job losses ical workers, surveyors, chefs, TV tech- Senator BOXER had it right when she have occurred in the manufacturing nicians, and reporters. Overtime pay said earlier: You can well imagine in sector of our economy; 93,000 jobs lost will be eliminated. the next 48 hours or so the kinds of im- in America in the month of August, up I don’t understand—in light of the ages we are going to have, a replay of sharply from the 43,000 jobs lost in news we are getting about the unem- the tremendous outpouring of grati- July. For the seventh consecutive ployment picture in this country and tude being expressed to the police offi- month, companies have slashed pay- the hardships being faced, the rising cers and firefighters in New York and rolls. level of poverty, the more difficult Connecticut, New Jersey, and others So the economy, when it comes to time families are having to make ends who gathered to fight for the lives at joblessness, is cratering. The tax cuts meet—why the administration persists the World Trade Center almost 2 years that the administration jammed in pursuing a policy of denying over- ago. Yet what expression of gratitude through the Congress only a few short time pay. There was a very close vote do we provide them 2 years later? We months ago are already demonstrating in the House of Representatives. At tell them: Sorry, but your overtime what a hardship they pose to the recov- least they voted. I am told the vote pay no longer exists. What kind of a ery and to putting Americans back to was 210 to 213 against blocking the message is that to these people? Asking employees to work longer work. President’s proposed rule, so it was As I mentioned, 93,000 jobs were lost narrowly defeated by the Republican hours and not providing overtime pay is significant because overtime pay can in the month of August; 44,000 of those majority in the House of Representa- provide as much as 25 percent of a per- jobs in the manufacturing sector. Just tives. son’s annual income. This is not the over 2.5 million manufacturing jobs I want to know whether or not this type of balance between work and fam- have been lost in the last 32 months. body wants to confirm what the House African Americans and Hispanics and the President said they want to do. ily that the distinguished Democratic bear the brunt of the economic down- And should not the American public leader pointed out when we adopted unanimously a resolution offered last turn. The unemployment rate among have the right to know what the an- week. I was pleased to cosponsor S. African Americans is now hovering swer of this body would be? Res. 210, a bipartisan resolution sup- around 11 percent, almost twice the na- In 250 occupations, they want to porting striking a balance between tional average. know whether or not they are going to The unemployment rate among His- be able to get overtime pay. Overtime work and personal lives as being in the panics is almost 8 percent. Long-term pay makes a huge difference for them best interest of worker productivity. I find it terribly disheartening that unemployment is on the rise. In Au- economically. It can amount to as at a time when this body is asking the gust, almost 2 million people had been much as 25 percent of a worker’s an- President to designate October as Na- nual income. Denying 25 percent of unemployed for over 6 months, triple tional Work and Family Month, the ad- someone’s income at a time of already the number at the beginning of the ministration is working to finalize a Bush administration. economic uncertainty is wrongheaded. regulation to strip overtime pay for A surge in discouraged workers It is dangerous for us to be pursuing millions of people. masks the true impact of the economic that path. The 1938 Fair Labor Standards Act downturn. Currently, 1.7 million people I regret deeply that we will not have has been the backbone of worker pro- are marginally attached to the labor a chance to vote this afternoon on the tection. Never in its 65-year history force. About 503,000 of these workers administration’s overtime proposal. We have such sweeping overtime changes have stopped looking for work alto- are faced with one more bad economic been proposed. gether because they believe that no idea after another. We have the largest Hard-working individuals are deeply work is available for them. That is an annual deficits in the Nation’s history, concerned about these changes and increase of 125,000 over the past year. one of the largest percentages of the many of us here stand shoulder to A new study suggests that job losses gross domestic product, because they shoulder with them in expressing our since 2001 are gone for good. A study by include, obviously, Social Security outrage. It is unfortunate that we are the Federal Reserve Bank of New York moneys in their calculations. We have not going to be able to have a vote has concluded that the vast majority of lost more than 3 million jobs in the today in this body on whether or not job losses since the beginning of the last 32 months. we can overturn that decision. 2001 recession were the result of perma- Instead of working towards creating I also find it ironic that the Presi- nent changes in the U.S. economy and new jobs and helping working families dent suggested he would veto the un- are not coming back. This means the and individuals, the administration has derlying appropriations bill on edu- labor market will not regain strength proposed a regulation to deny overtime cation and health services if this until new positions are created in new protection to millions of people. These amendment is accepted. In fact, an Au- economic sectors. Manufacturing is the workers would have their jobs reclassi- gust poll of nearly 900 adults found area that is suffering the largest brunt fied as professional, administrative or that 74 percent—cutting across all re- of this decision. executive, even if their job duties do gional and political lines—oppose the An additional 1.3 million people are not change, thus losing the benefit of Bush administration’s proposal to in poverty nationwide. The number of overtime pay. As I mentioned, more eliminate overtime protection. Almost Americans living below the poverty than 250 white-collar occupations could 75 percent of those polled said don’t do line has increased by more than 1.3 be impacted. Employees could be it. million in the last year, even though forced to work longer hours without Further, in 2001, the Department of the economy technically edged out of a the benefit of overtime pay. Labor commissioned its own study that recession during the same period. The I was speaking with a group of nurses concluded that the current narrow number of families living in poverty in Connecticut. They were saying to overtime exemptions under the Fair went up by more than 300,000 in 2002, me: We don’t have the choice of not Labor Standards Act are still relevant and the number of children in poverty working additional hours in hospitals. today.

VerDate jul 14 2003 00:15 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.027 S09PT1 S11202 CONGRESSIONAL RECORD — SENATE September 9, 2003 Why then did the Bush administra- EMTs will not be impacted. It has been of expanding overtime rights to lower paid tion unveil these proposals last March? made very clear the regulation has no employees. These rule changes, if imple- One can only conclude that whatever impact on them, and I think it is just mented, would dramatically alter the classi- the reasons, they do not include sup- not correct to make that statement, fication of workers who could be exempted from the provisions of the FLSA and the 40- porting the ability of working people although I can understand the Senator hour work week. These changes would reduce to earn a decent pay for a day’s work. can read the regulations and has con- the compensation for our nation’s police offi- Mr. GREGG. Mr. President, will the cluded that, but nobody else has. cers and EMS personnel, just as we are rou- Senator yield for a question? Mr. DODD. Mr. President, let me re- tinely calling on them to do more and more Mr. DODD. I will be happy to yield. spond to my friend. The National Asso- in the interest of national security. The al- Mr. GREGG. The Senator made two ciation of Police Officers and the Inter- terations would also provide a strong dis- points. First, on the issue of police offi- national Union of Police Associations incentive for agencies and municipalities to cers, fire individuals, and first respond- oppose the regulations. We have cor- hire additional first responders, as they seek ers, I believe the administration and respondence from them. There is obvi- ways to operate under the growing con- straints of historic financial burdens. The the Department have made it very ously some disagreement. Mr. GREGG. Opposition is not the implementation of these rules would mark a clear that those officers would not be critical step backwards for our public safety impacted by this decision in any way issue. The issue is whether police offi- officers, just when we need to be moving and, in fact, to quote the President of cers, fire, and EMT will be affected. I ahead. the Fraternal Order of Police, the larg- believe the administration made it IUPA has been closely following the events est police union in the country rep- clear they won’t be affected, and I be- surrounding these changes. We consider this resenting 310,000 people, Chuck Canter- lieve the assessment, as reflected in legislation to be the most important single bury, said: this quote from Mr. Canterbury, is ac- issue we face. Its critical impact on rank- and-file law enforcement officers throughout Thanks to the leadership of Secretary curate. My second question is on the issue of the country makes it a true litmus test, Chao, we have no doubt that the overtime when it is time for us to decide who truly pay will continue to be available to those of- nurses because the Senator also said all nurses would be affected. I am sure, supports the men and women who form the ficers currently receiving it. And if the new thin blue line. We intend to carefully note rules are approved, even more of our na- as the Senator knows, nurses are al- and announce to our membership those who tional police officers and firefighters and ready exempt from the FSLA, and to are willing to stand with our nation’s police EMTs will be eligible for overtime. This de- the extent nurses are affected by over- and firefighters with their votes. Whatever velopment was possible because this is an ad- time, it is because of a contractual form this struggle takes, I hope we can count ministration that listens to the concerns of agreement in their union contracts. As on your support. If you or your staff desires the Fraternal Order of Police and because of any additional information from IUPA, I their commitment to the Nation’s first re- a practical matter, therefore, the vast majority of nurses who are subject to hope you will feel free to call upon us. sponders. Very Respectfully, The Senator from Connecticut rep- union contracts will have no impact on their overtime, and there is no adjust- DENNIS SLOCUMB, resented a couple of times how police International Executive Vice President. ment here in any way to the nurses of officers are going to be denied overtime this country, as again has been made pay. This is the president of the largest NATIONAL ASSOCIATION OF clear by the administration and again representative group of police officers POLICE ORGANIZATIONS, INC., reflects the fact that the present law is in the country saying just the opposite. Washington, DC, July 14, 2003. in place and that nurse overtime is tied EAR ENATOR The Department has said just the oppo- D S : The full Senate will soon to contractual agreements, not to consider the Labor HHS Appropriations Bill, site. The administration has said just FSLA regulations. S. 1356. On behalf of the National Association the opposite. I am wondering what fac- To throw the nurses in—and I can go of Police Organizations (NAPO), representing tual basis the Senator concludes that down, actually, the whole list. I could 230,000 rank-and-file police officers from the head of the police, the National go down to cooks, reporters, clerical across the United States, I would like to re- quest your support for an amendment to S. Fraternal Order of Police, is wrong; the workers, teachers, physical therapists, Secretary of Labor is wrong; and the 1356, which will be offered by Senator Tom lab technicians, social workers—all Harkin (D–IA) and will safeguard the ability administration is wrong on this point? these individuals who have been put on Mr. DODD. Mr. President, very sim- of millions of Americans, and America’s law the Senator’s list actually are not on enforcement officers, to continue to earn ply, as my colleague pointed out, I the list. They actually are not on the overtime pay for their professional efforts. would be delighted if the administra- list. On March 31, 2003, the Department of Labor tion was going to change its policy. I Mr. DODD. Mr. President, let me re- issued a proposal which called for significant wish they would do it across the board, gain my time and respond. I appreciate alterations concerning the ability of law en- just back this up all together. my colleague raising these questions. I forcement officers to receive hard earned The fact is, if you do a simple recat- ask unanimous consent that letters overtime pay. Under the Fair Labor Stand- egorization of what these people do as ards Act of 1938, most workers, including law from the International Union of Police enforcement officers, are entitled to over- either being professional, administra- Associations and the National Associa- tive, or executive, then you are covered time pay for excessive time worked. The De- tion of Police Organizations, express- partment’s proposal dramatically lowers the under this rule. I don’t know what the ing their opposition to the regulation, bar for employers to classify employees as various heads of these organizations be printed in the RECORD. ‘‘executive, administrative or professional,’’ are saying, but that is what the regula- INTERNATIONAL UNION OF thus exempting them from paid overtime tion that has been proposed by the ad- POLICE ASSOCIATIONS, AFL–CIO status. ministration says. Within the 250 em- Alexandria, VA July 25, 2003. If allowed to go into effect, these proposed ployment categories, police and fire- U.S. SENATE, regulations will have a tremendous impact fighters are included, if they are recat- Washington, DC. on workers who depend on overtime pay, not egorized. If you do not recategorize DEAR SENATOR: In the very near future, ei- as an added frill, but as a necessity to ensure the promotion and well being of their fami- them, they are going to be fine. But ther an amendment, or a stand-alone bill, will be brought forward in the Senate which lies. Under such regulations, America’s State you leave that up to the whim of will seek to restrict the Department of and Local law enforcement officers, already whether you want to move them to Labor (DOL) from implementing any regu- strained by countless overtime hours ensur- those different levels of pay. That is latory rules changes in the Fair Labor ing community safety against terrorist how they get covered. Standards Act that would remove workers’ threats, could lose this basic benefit ac- Mr. GREGG. Will the Senator yield overtime rights. It would not interfere with corded to them for their efforts. These pro- for a further question? the Secretary’s ability to expand overtime posed regulations have seen no hearing nor Mr. DODD. I will be happy to yield. protections for low income workers. On be- achieved any legislative approval. Mr. GREGG. Mr. President, I tend to half of the International Union of Police As- The Harkin Amendment will protect these side with the head of the National Fra- sociations (IUPA), representing more than benefits and only blocks the expanding of ex- emptions for those who are currently eligible ternal Order of Police in his assess- 100,000 active duty, rank and file law enforce- ment officers from across the country, I urge for overtime, while not blocking efforts to ment of this situation and the commit- you to support this effort. expand overtime eligibility for more work- ment made by Secretary Chao that the On March 31, 2003, the DOL’s proposed rule ers. I hope you will support the amendment police officers, fire individuals, and changes were first published under the guise and ensure these hard earned benefits. If you

VerDate jul 14 2003 02:07 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.029 S09PT1 September 9, 2003 CONGRESSIONAL RECORD — SENATE S11203 have any questions, please feel free to con- Under the administration’s proposal, shall never be changed. It makes very tact me, or NAPO’s Legislative Assistant, LPNs with a few years of work experi- little sense. Lucian H. Deaton, at (202) 842–4420. ence would also lose their right to When this regulation was initiated, Sincerely, overtime compensation. America was an entirely different WILLIAM J. JOHNSON, country. It had a different employment Executive Director. Let me read current law and then read the regulation proposed by Presi- structure, different individual types of Mr. DODD. Mr. President, I will ad- dent Bush. responsibilities within the employment dress both points my colleague has The current law: structure. We had jobbers. We had peo- raised. If my colleagues on the other Employees are exempt if they do ‘‘work re- ple who were working on the line as side are so concerned about first re- quiring knowledge of an advance type in a the primary responsibility of our man- sponders, why not just oppose the regu- field of science or learning customarily ac- ufacturing structure. Today we are a lation altogether because this is the quired by a prolonged course of specialized much more mobile society. We are a major group about which we are talk- intellectual instruction and study, as distin- much more dynamic and flexible work- ing. For example, let me point out guished from a general academic education place. We are a workplace which re- what I am suggesting. and from an apprenticeship, and from train- ing in the performance of routine mental, flects massive change in the way we Police sergeants and lower-level po- compete and are successful as an econ- lice supervisors are likely to lose their manual, or physical processes.’’ Under the President’s proposal: omy. overtime through the executive exemp- Yet a law passed 30 years ago does tion. Let me explain why. Employees qualify for exemption as a not keep up with those changes. It has learned professional if they have a primary The fact that a sergeant performs not adjusted to the change in the work- nonmanual work such as walking the duty of performing office or nonmanual work requiring advanced knowledge in a field of place that has occurred as a result of beat during 90 percent of his work science or learning customarily acquired by the information age coming to fruition. hours does not matter if he also has a a prolonged course of intellectual instruc- It does not reflect the fact that so primary duty of supervising two offi- tion, but which may also be acquired by an many people who work in the work- cers or performing nonexempt adminis- equivalent combination of intellectual in- place today earn a heck of a lot more trative work. struction and work experience. than what they were paid under this Highly compensated police officers That is very broad, very general lan- law when it was originally passed. will not even have to have a primary guage. Obviously, one can drive a Mack On the face of it, the administration duty of performing exempt work. If truck through it. That is why the has done a job of trying to address low- they perform any ‘‘office or nonmanual nurses of this country, the RNs and income individuals. They have said work’’ and perform any one exempt LPNs, are vehemently opposed to this under the present law that if someone duty of an executive, administrative, proposed regulation, because they earns $8,000 or less, they can get over- or professional duty—no matter how know exactly what is going to happen, time by law. Well, that is ridiculous. little of their time is spent doing it— just as police officers do. That is why That is a ridiculously low number. they lose the right to overtime. so many of us feel so strongly about What this administration has said is How much imagination does it take this and why we would like to vote on if a person earns $21,000 or less, they to move people into those categories to it. will have the right by law to get over- be exempt from overtime compensa- If a majority wants to uphold the time. It does not matter how their job tion? President and vote for this stuff, then is classified; they have the right to Police departments have been pre- so be it; the Administration can go for- overtime. That is a very reasonable ap- vented from exempting police officers ward and it will become the law of the proach. Basically, it empowers an addi- who teach in police academies because land. But I would like to know where tional 1.3 million people in this coun- the instructors did not exercise suffi- 100 Senators stand. America would, try who will automatically be qualified cient independent judgment and discre- too. As I mentioned, nearly seventy- for overtime who are not qualified for tion in how they taught their courses. five percent of the people polled in a it today because of this absurdly low The proposed rule eliminates the re- recent survey said they are opposed to threshold which was placed in law over quirement for independent judgment the administration’s proposed rule. 30 years ago. That is the type of reason and discretion. Let’s find out where this body is. I we need to revisit this type of regula- Under the current law, an exempt ex- think the proposed rule to eliminate tion. ecutive is an employee ‘‘who custom- overtime pay is wrong and I support It is also important to recognize that arily and regularly exercises discre- the Harkin amendment. I hope that we there is a huge debate over who is and tionary powers; and who does not de- will have a vote soon and I urge my who is not covered in this law. A think vote more than 20 percent . . . of his colleagues to support the amendment. tank—and we have a lot of them in this hours of work in the workweek to ac- I yield the floor. city and they are all very aggressive— tivities which are not directly and The PRESIDING OFFICER (Mr. which is essentially funded by the na- closely related to the performance of CRAPO). The Senator from New Hamp- tional Washington labor movement [exempt] work.... shire. came up with this number of 8 million. Under the proposal by the President, Mr. GREGG. Mr. President, I always So I have kept asking my staff: Well, those current law requirements are enjoy the eloquence of the Senator how did they get to 8 million? eliminated. from Connecticut. I am a great admirer The Department, which used outside Let me address the nurse issue. of him as a legislator and as a col- counsel, outside consultants, and a Nurses, skilled health technicians, and league in this body, but I must disagree bevy of outside experts in this law, and technologists could lose their overtime with his analysis of what this proposed economists, came to the conclusion protection under the proposed regula- regulation does. that this will give 1.3 million people tions because of the changes to the Let’s begin with the fact that this is overtime and it may affect somewhere educational requirement. a proposed regulation. That means it is between 600,000 and 700,000 who might Registered nurses who do not hold a not final. It means the Department is lose their overtime under this law. bachelor’s degree are currently eligible still in the process of adjusting it, of They decided that that trade-off was for overtime protections, unless they building it, of designing it. They have worth it, first because on the plus side hold administrative or managerial po- received 80,000 comments. more people would be getting overtime sitions. The approach of the other side of the than not, but secondly because the law Under the Bush proposal, these RNs aisle is to say we do not care what the has become so convoluted, so complex, would lose their overtime protection if 80,000 comments were; we do not care and has such a large gray area—as one they have a few years of work experi- what the process is for regulatory re- moves into the higher income brackets, ence. view. We are going to step in, and we people up around $65,000—that we basi- Nonmanagerial licensed practical are going to unilaterally decide that a cally created a lawsuit mentality in nurses—LPNs—have a right to over- law that has not been adjusted in over the area of the workplace relative to time protection under current law. 30 years is a good law, shall be law, and overtime pay questions.

VerDate jul 14 2003 02:07 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A09SE6.004 S09PT1 S11204 CONGRESSIONAL RECORD — SENATE September 9, 2003 In fact, this is the fastest growing They just sort of picked a number, 8 is an Administration that listens to the con- area of lawsuits for trial lawyers. This million. They picked that number, it cerns of the F.O.P., and because of their is sort of the new oil field they have appears, without, one, understanding commitment to our nation’s first respond- ers.’’ struck. You know how sometimes we the regulation as it was proposed, two, On 31 March, the Department of Labor pub- strike oil fields in Kansas or in Saudi maybe stretching it as it has been pro- lished a Notice of Proposed Rulemaking in Arabia or in the North Slope. Well, this posed, or, three, just simply fabricating the Federal Register to revise and update the is the new oil field that the trial law- the number in the sense that the num- exemptions from overtime under the FLSA yers have struck, which is the incon- ber has no relationship to anything the for executive, administrative, and profes- sistency, the confusion, of the overtime regulation actually says. sional employees. The F.O.P. was the first law. It has become the new gusher for Let’s begin with the biggest fabrica- union to weigh in on behalf of America’s law one element of the bar. tion in their proposal of 8 million, enforcement community regarding the pro- The Labor Department said: Let’s try which is that they have included part- posed change and recommended the exclu- sion of all public safety personnel from the to straighten these regulations, get time employees. Now, how they can in- Part 541 or ‘‘white collar’’ exemptions from some order to them, make sense of clude part-time employees, which is overtime—including those employees who them. Did they do a perfect job? No, probably about 6 to 7 million of the are classified as exempt under the existing they did not. That is why 80,000 com- people they added to the 8 million—I do regulations. The organization argued that ments came in. I do not subscribe to not know the number because they did the exclusion of these employees was nec- this regulation as it is presently struc- not attach a number to it, but part- essary because of the increased burdens tured. I think it can be improved and I time employees is a big number in our placed on public safety officers following the terrorist attacks of 11 September 2001. think the 80,000 comments are probably society—is beyond me when we are ‘‘Since the beginning, it’s been clear from going to significantly impact the way dealing with a law that requires some- our dialogue with Secretary Chao and De- the Department of Labor addresses this one to work 40 hours a week before partment officials that it was never their in- regulation, but I do not think we they can get the overtime. By defini- tention to cut overtime for public safety em- should short-circuit the process and tion, a part-time employee is not ployees,’’ Canterbury said. ‘‘So we decided suddenly say no, it does not work. kicked into overtime except in that early on that the interests of our members If it is such a bad regulation when it rare case where they decide to become could best be served by working coopera- finally comes out, we have the ability a full-time employee, and then they tively with the Department. While others in this Congress, as we are now pro- saw an opportunity to demonize this Admin- should not be counted as a part-time istration, we chose cooperation over conflict, ceeding to do under the proposal of the employee under this proposal. partnership over partisanship.’’ Senator from North Dakota in the area So right off the bat, that 8 million is Canterbury also noted that it was this spir- of FCC ownership, to bring to the floor extraordinarily suspect as to the vast it of cooperation that led DOL to agree that an amendment on a privileged resolu- majority of the numbers in that 8 mil- public safety officers should not be classified tion within a very short period of time lion. as exempt under the proposed regulations. that only requires 36 signatures. We Then we go down to the other folks ‘‘To the F.O.P., this was never a partisan po- have to bring it to the floor, we have to they added to their list, and we begin litical issue,’’ Canterbury said. ‘‘Instead, it debate it for 10 hours, we have to vote with the firefighters. Independent of was a chance to make things better for po- lice officers and their families.’’ on it, and then we can repeal this. We what my learned friend on the other ‘‘Thanks to the dialogue between the ought to at least give the process the side of the aisle says, the fact is it has F.O.P. and the Department, we are confident ability to move forward to see if we can been made very clear by this adminis- that when the final regulations are issued, straighten out some of the funda- tration, by the Secretary, and by the that overtime pay will be available to even mental flaws of this law which have people who are involved in the drafting more public safety officers in the country over the years evolved to a point where of this regulation that firefighters— than under current regulations,’’ Canterbury we basically have created a new gusher firemen and first responders, such as said. ‘‘What we have accomplished by work- ing together will be arguably the most sig- for trial lawyers but very little con- EMTs—will not be impacted by this nificant victory for public safety officers in structive, efficient, market-oriented language. That is why, I presume, the decades.’’ events for the productive side of our national chairman of the organization, In a recent speech at the organization’s community, which is the workers. the Fraternal Order of Police, has es- 56th Biennial National Conference in Provi- To get back to the question of how sentially signed off and said that is the dence, Rhode Island, Labor Secretary Elaine many people are impacted, as I said, case. L. Chao praised the F.O.P.’s work on the the Department of Labor came up with I submit, since we are submitting issue. ‘‘The bottom line is that Chuck Can- their numbers which were independ- materials, a release from the FOP, terbury and the F.O.P. are known for bring- ing facts and constructive solutions to the ently evaluated, independently which is entitled ‘‘F.O.P. Confident of table,’’ Chao said. ‘‘That’s why you are re- reached, and which were certified es- Satisfactory Resolution on DOL Over- spected, that’s why you get results, and sentially by people who understand and time Regulations,’’ and ask unanimous that’s why police officers trust the F.O.P. to who are expert in this area. Where did consent it be printed in the RECORD. look out for their interests.’’ this 8 million number come from, that There being no objection, the mate- On 1 September, Canterbury also traveled we have heard bandied about as if it rial was ordered to be printed in the with President George W. Bush to a Labor had been sacrosanct, delivered to us RECORD, as follows: Day event at the Ohio Operating Engineer’s Richfield Training Center in Richfield, Ohio, from the mountain on high, by some F.O.P. CONFIDENT OF SATISFACTORY where the President spoke on jobs and the RESOLUTION ON DOL OVERTIME REGULATIONS tablet that said 8 million workers are economy. Traveling with key Administrative going to be impacted? Today, National Fraternal Order of Police officials afforded President Canterbury the This number came, as I mentioned, President Chuck Canterbury announced his opportunity to continue the dialogue on this from some think tank in Washington, full confidence in the success of the F.O.P.’s important issue. which think tank is funded by an inter- efforts to protect the right to overtime pay Canterbury concluded by clarifying what est group which has a very significant for more than a million public safety officers the new rules, if adopted, will mean to rank role in this debate, which is the major across the nation. Following a productive and file officers across the country: ‘‘Basi- dialogue with U.S. Department of Labor labor union leadership in Washington. cally, if you get overtime pay now, you’re (DOL) officials regarding the proposed going to keep it. If you’re currently exempt It was put together not by a group of changes to the rules governing overtime from overtime pay, you may be getting it economists, not by a group of experts compensation, Canterbury asserted that the very soon.’’ in this law. It was put together by two issue would be resolved to the benefit of our The Fraternal Order of Police is the larg- individuals whose expertise in this law nation’s public safety officers. est law enforcement labor organization in is new, to be kind. I think one has a so- ‘‘Thanks to the leadership of Secretary the United States, with more than 310,000 cial worker’s degree and the other has Chao, we have no doubt that overtime pay members. will continue to be available to those officers Mr. GREGG. That is a big chunk, but some sort of other degree, but they are currently receiving it and, if the new rules not recognized national leaders in this are approved, even more of our nation’s po- how many police officers and fire- area. lice officers, fire fighters and EMTs will be fighters and EMT workers they in- They did not support their findings eligible for overtime,’’ Canterbury said. cluded in that number, I don’t know. I with anything that was substantive. ‘‘This development was possible because this would not be surprised if, of the million

VerDate jul 14 2003 00:15 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.033 S09PT1 September 9, 2003 CONGRESSIONAL RECORD — SENATE S11205 or million and a half or maybe 2 mil- are not going to be covered, vast ma- I simply say it is premature to be lion who were not part time who were jority are not going to be covered by going forward with this proposal at included, it is probably close to about this regulation nor will it have any im- this time. Let’s wait until the final half that. I don’t know because this re- pact on their overtime. regulation is passed. It is extremely in- port did not have the integrity to put Teachers are entirely exempt by law appropriate for us to be going forward the numbers on their people. already from FLSA. To put teachers on on the basis of a number which is being They also included nurses. As we just the list is again misleading. It either used as the bludgeon for pushing had this little exchange, nurses are al- reflects a lack of knowledge of how the through this amendment, this 8 million ready exempt from FLSA. The reason law works or an intent to try to inflate figure, which is totally inflated and, in for that is they are deemed to be essen- the number. Teachers clearly get over- my opinion, clearly bogus and inac- tially professional as a result of their time, but it is a function of their con- curate, especially if you compare it training experience. The present law is tract negotiations, not a function of with the hard figures which were fairly clear in this area. I believe I FLSA. brought forward by the administration have it somewhere here. Basically it The same goes for physical thera- on this proposal. makes it very clear that nurses are not pists, lab technicians, and social work- I yield the floor. covered by FLSA. The reason nurses ers. In all these categories the vast ma- The PRESIDING OFFICER. The Sen- get overtime is because the vast major- jority of people who fall in the last ator from Delaware. ity of nurses reach a contractual agree- three categories are not going to be im- Mr. BIDEN. Mr. President, before my ment in their union negotiations which pacted in any way by this proposal—by friend leaves the floor, and I don’t want gives them overtime. Those are not exemption, but will continue to get to keep him waiting while I make my going to be changed, obviously. As a coverage for overtime activities or will statement, I think he made some inter- practical matter, nurses should not be pick it up through their union con- esting points. As he knows, I generally included. So there you have another, tracts, many of them being unionized, have great respect for him. But some of who knows, 200,000-plus people who especially social workers, for example. these things sort of don’t pass the were added to this 8 million number, As a practical matter, what we have smell test. I ask the rhetorical ques- which is bogus. here is a grossly inflated number which tion: Does anybody in here believe this Then you have cooks. There is a dif- has no economic or statistical support administration is changing work rules ference here on cooks. There are chefs, behind it, which has virtually no law in order to be able to pay more people professional chefs—yes, they would support behind it, especially in the big- overtime? probably lose overtime, or be suspect, gest categories—part time, police, fire, Let me say that again. Does anybody or have that as part of the compensa- first responders, nurses, and teachers. believe the Secretary of Labor, and tion, depending on whether they have a And as a result, this number of 8 mil- this President of the United States, union contract. The 4-year culinary lion which we keep hearing thrown out backed by the Chamber of Commerce school graduate who is a professional on the floor is a bogus number. It is a and many other decent, honorable busi- chef who manages a kitchen, that per- completely bogus number. ness people as their core supporters, is son is probably going to have to nego- The real number is probably closer to trying to change the law to give more tiate their overtime independent of what the Department had assessed by people access to overtime? these rules. But there are not any outside counsel, by outside review, and Mr. GREGG. If that is a question other cooks who are going to be cov- which shows a plus. In other words, it which the Senator has presented, ered. The fellow working down at the shows more people are going to get which I think was rhetorical in its na- local diner or the persons working in a overtime out of this regulation change ture? restaurant are not going to be covered than have the potential of losing over- Mr. BIDEN. I would be happy to have by this law because they are clearly time under this regulation change. you answer it. not exempt individuals. The vast ma- Does that mean it is perfect? Of Mr. GREGG. By definition, this ad- jority—who knows, probably 90 or 95 course not. There are ways to improve ministration has shown it intends to percent—are not going to be exempted it, as I mentioned when I started, with give more people overtime. It has said and will continue to get overtime. 80,000 people commenting on it. But people now earning up to $21,000 will be So you have a number, however, that this issue is clearly not ripe for this guaranteed overtime. Under the was included, which I believe is all the Senate to be acting on it. Let’s wait present law, if you are earning up to cooks. At least that is the implication and give the Department a chance to $8,000 you are guaranteed overtime, but of the language. Probably another review the options, review what it between $8,000 and $21,000 you can be 200,000 people are in that category of hears from the various people includ- doing a number of jobs in the country work. ing, I think, some very cogent and which deny you overtime, where your Reporters—this is another one listed thoughtful comment that came in from employer can say, I am sorry, we are by my colleagues across the aisle. All some of the major labor unions that not going to pay you overtime because reporters are going to lose their over- are concerned about this. Although if you happen to be an exempt employee. time. That is a fight reporters have you are in a labor union, by definition Under this proposal from this adminis- been having for a long time. That is a you are probably not going to be im- tration, over 1.3 million people will be fairly public fight, whether reporters pacted by this law. But as a practical getting overtime they would not get are professionals or not professionals. I matter—you may be. As a practical under the present law because the guess every reporter has to get up in matter, there was cogent, thoughtful threshold goes up to $21,000. the morning and look in the mirror and comment put forward. There were I appreciate the Senator’s question. decide whether they are professional. 80,000 comments. Not all of them, I as- Mr. BIDEN. I am delighted to hear But those who decide they are not pro- sume, were cogent and thoughtful, but that. I am glad to see the President has fessional who want overtime are going a great deal made some thematic had an epiphany. I find it absolutely to have to negotiate their union con- sense. Let’s allow the Department to fascinating. I come from a corporate tracts for that, probably, because as a sift through this and update a law or State. I come from a State where busi- practical matter that reporter issue is regulation that has been on the books ness is a great citizen and they are being settled in the court system. for 30 years and really does need updat- very active. I have never had one small How it breaks down is very much an ing. We are a different society. We have businessman, I have never had one issue. But it certainly is not going to a different work structure now. We large businessman, I have never had be affected by these regulations. It is have a much more flexible and edu- one come and say: You know what the already decided in large part by court cated workforce, a highly technical problem is here, Biden? You Democrats decisions and will continue to be so. So workforce, a value-added workforce. are denying people overtime. We want to throw reporters in here is again a We need to have an overtime law which to expand that contract made in the very bogus figure. reflects and answers the needs of that thirties between labor and manage- Clerical workers clearly are not workforce, not the needs of a workforce ment to make sure our workers who going to be covered. The vast majority in 1950 or 1960. are not getting it get overtime.

VerDate jul 14 2003 00:15 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.036 S09PT1 S11206 CONGRESSIONAL RECORD — SENATE September 9, 2003 As they say in the neighborhood I the door at 8 in the morning or 4 in the changed. The value we are operating on come from, give me a break. Give me a morning or 10 in the morning, and is that people who do not get much say break. those folks who are more like manage- in how and when and where and under I am going to go to my formal state- ment—they have a say and we are not what conditions they work when you ment in a moment. My friend from New going to compensate them. Their com- ask them to work more than 40 hours Hampshire made a couple of very im- pensation is in effect because they have should get paid overtime. The fact that portant points that are accurate, but a say. there are fewer people wearing draw exactly the wrong conclusion. He As a former Governor of California sweatshirts and sweating as they per- said that, in effect—my words—the so- used to say, there is psyche remunera- form their jobs is not the issue. How cial contract we entered into 30, 40, 50, tion for being white collar. many of those folks in the new service 60 years ago with American workers Just like around here, I get to pick economy have any more control over said if you engage in manual labor, you my office. I get to decide whether I their jobs than those folks who did will be rewarded for your efforts. We have a room with a view. I get to de- manual labor 40 years ago? the American people, we the American cide to have a more commodious work That is the first point I want to Government value manual labor. We space. The person who works for me make. value what you have done to build this who happens to be answering the mail The second point I want to make to country. We are going to make sure doesn’t get that decision. If I put the my friend from New Hampshire, who is that you get treated fairly. One of the mail room in a place where there is no a very bright guy—I am not being so- things they said that related to being window, as long as it meets OSHA’s re- licitous; he really is. The second point I make, I agree. He treated fairly was that nobody should quirements, they work. Guess what. says there is more flexibility in the have to work more than 40 hours. That Hang on everybody. For those of you workforce. I will make a bet. I will was a judgment made. In Germany, or who ain’t management, you ain’t going make the staffers and my Republican in France—I don’t know which one it to get overtime anymore when the boss colleagues a bet. I bet if they go out to- is—they say you only have to work 35 says: By the way, show up. I have an night, as they stop in the grocery store hours, and there is a debate about election. You get overtime now. You or stop to pick up the bottle of milk, or whether it should be 40 or 50 hours. all get overtime. Get ready. if they are single, stop at the local wa- We made a deal as a nation. We said: At any rate, the point is this: It is tering hole to commiserate with their Look, if you work more than 40 hours— about control. colleagues, ask the following question those of you who do manual labor—you My friend said the world has to whomever they encounter: What ought to be compensated time and a changed. It is a different economy than does flexibility in the workplace mean half for doing it—just like you work on it was in the 1950s and 1960s. That is to you? Although I have never done Sunday. They say that is a day of rest. right. But if it is based upon the this, I make a bet the answer everyone Most contractors say if you have to premise of control, which is the under- gets is the following: It means my boss work Sunday, we will pay double time. lying rationale for the Fair Labor can fire me when he wants. It means I Standards Act, I would argue my friend That was the deal we made. have to work part time. It means I am As my friend points out, there are from New Hampshire is right. The flexible, but they do not have to pay not many manual labor jobs left in world has changed. But guess what. health care. It means I do not have to America. We have exported them over- White-collar workers don’t have con- get benefits I used to get when it was seas—or the bulk of them overseas. We trol now. As we move to a service econ- not so flexible. made it easier for business to take all omy and white- collar workers, we Flexibility does not translate into those manual labor jobs and send them don’t have people digging ditches. We control. It does not translate into you overseas. This is a different world. We don’t have people lifting lumber. We being able to determine, in effect, com- have now become a service economy. don’t have people moving heavy equip- pensation for being asked to stay We have a lot less people doing manual ment. They are still there, but we have longer, the environment in which you labor. What was the underlying ration- white-collar workers who wear blue work or the circumstances in which ale as to why we were going to pay peo- collars and who are in high-tech indus- you work. Flexibility translates to ple overtime? We were going to pay tries and industries that are the serv- most American workers as flexibility overtime not to those who did manual ice economy—who work in restaurants for the boss to tell me I am part time. labor. That is what it happened to turn and work at all these other places— My friend did point out part time. I out to be. We said we are going to give who, in fact, still have no control. am not going to get into a debate people overtime if in fact they are in Let me ask you a rhetorical question. whether it is 8 million or 1.3 million. the workplace and they don’t have con- Am I missing something here? Every That is focusing on the trees and not trol over their destiny. They do not get single survey I have read during the the forests. What is the big picture, to determine the work rules. They last decade asking about satisfaction folks? The big picture is my Repub- don’t get to decide how much longer that American workers derive from lican colleagues have a very different they will keep the lathes going. They their jobs—am I wrong or have all set of values than I have. They are don’t decide whether or not they work those surveys come back and said there good people. They are decent people. I on Saturday or Sunday. It is about con- is less satisfaction? am not impugning their motive, but trol. We are not allowed to talk to the gal- they have a different value set. I think The underlying rationale was we said leries. So I am not going to. the basic principle is if, in fact, you workers who by and large were manual But I wonder whether people watch- work in a circumstance where you do laborers and do not have a say in their ing this or sitting in the galleries as I not have much control over your envi- work conditions, do not have a say in ask a rhetorical question will ask ronment, and I ask you to work longer how they function, do not have a say in themselves this: Am I satisfied in the than 40 hours, you should have to be whether they start at 8 or 10 in the workplace? Do I feel my job is reward- paid overtime. That is a basic funda- morning or 4 in the morning, do not ing? Do I have any element of control mental value. To me it is simple. have a say in when the shifts run, and over my job? What has this President done? He is a do not have a say in whether or not The funny thing I have found is decent, honorable man. What has he they get a window outside their work whether they are a DuPont engineer or done? He has a very different view of space, we are going to pay those guys a chemist or an analyst at a brokerage American labor and the rights of Amer- something when we ask them to work house, they are all afraid they are ican labor. Look at his tax structure. more than 40 hours. going to show up one day and find that All our existence in this last century But for those folks who have a say, the company has been sold and they and the beginning of this century, what and those folks who have some con- don’t have a job. They don’t have any was our tax structure designed to do? trol—theoretically white-collar work- control. Guess what. They don’t have It was designed to treat the guy and ers, people who get a room with a view, much. woman who make their living using people who have some say on whether I agree with my friend. The world has their hands the same way as the guy or not the boss starts the shift or opens changed. But the values haven’t who makes his living using his head.

VerDate jul 14 2003 00:15 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.038 S09PT1 September 9, 2003 CONGRESSIONAL RECORD — SENATE S11207 We did not make a distinction in this that man or woman in the $100,000 but it is painfully clear they haven’t country based upon whether you pay split-level home with three bedrooms worked, at least in relation to jobs. taxes—until now. What has this admin- and four kids. But for God’s sake don’t And now it is clear that tax cuts and istration said now? It depends whether tell me that is their major concern. deficits are credited for crippling our you have—and it is a fancy term— This is about values. It is obvious ability to meet our responsibilities earned income or unearned income. All this administration does not have the here at home in homeland defense and those listening to me know the dif- same value set, at least speaking for to shoulder the burdens we face around ference. Earned income means when myself, that I have, or that we have the world, at exactly the time the you receive a salary, basically. Un- had, or value the social contract in ef- President has rightfully called on us to earned income is when you have a re- fect that we fought over all during the come up with another $87 billion for turn on an investment. teens, 1920s, and 1930s, and began to put Iraq. What have we done in trying not to into place in the 1940s, 1950s, and 1960s. I think it is time to ask the question: tax dividends? We have said, if you sit The nature of the economy has If we are not going to create any new in your living room, in your home li- changed, but the nature of those who jobs—and the President’s Council of brary, in your corner office on the 67th have control and do not have control Economic Advisers argued, by the way, floor, wherever you sit, and you man- has not changed. That has not changed. that last year’s tax cuts would produce age your investments, you do your Those numbers and proportions have 5.5 million jobs between now and the work with your brain alone trying to not changed. This is not fair. But it is end of 2004. With the loss of 93,000 jobs figure out how to best place the money consistent. It goes back to the trickle- last month, that puts them 437,000 jobs you have to get a return, if you make down, bubble-up disagreements, a very behind their promise already. I chal- money, if you make that week $1,000, simplistic way to show the differences lenge them to create one new job dur- then we are not going to tax you. But between our parties. We think average ing this administration. if you run a piece of heavy equipment, folks can actually make decisions for The latest official numbers look digging out the World Trade Center, themselves. We think they can actu- slightly improved on paper, but that is and you make $1,000 because of your ally and should be rewarded for what because nearly 2 million men and hourly wage and your overtime, we are they do. That will generate economic women who have been out of work for going to tax you. Ain’t that sweet? growth. They think, no, let the over half a year know that good jobs This is the administration—my wealthiest among us make those judg- are just not there so they have com- friend from New Hampshire wants me ments and that will trickle down and pletely given up looking for work. to believe—that is changing these rules benefit my noncollege-educated father I know my friend from West Virginia in order that more people will get over- and mother. It is a legitimate argu- has been through a lot. He could, not time. That does not pass the laugh ment. But it is different value set. It is figuratively but literally, write a book test. Look, even the stenographer a different way of looking at the world. on this. He has witnessed what has hap- knows I am telling the truth. It does For Lord’s sake, do not try to con- pened to his coal miners. He has wit- not pass the laugh test. Let’s get real vince me this administration is seek- nessed what has happened to the folks here, OK. ing to change the overtime work rules in his State. He has been through a de- There is a sound philosophic argu- so more people get overtime. In the pression. He was part of those who ment for the position of the Repub- last 3 years, more than 3 million pri- worked us out of that. He knows what licans based on a different value set vate sector jobs have disappeared. And not having a job means to somebody. than I have, but it is sound. They argue for each of those 3 million jobs lost, So most of us here—all of us, Demo- the reason why you shouldn’t tax the there is a story of a child without crat and Republican, know that the guy who doesn’t break a sweat is be- health care, a family in crisis without key to our dignity as human beings is cause he will provide the liquidity, the dignity or hope, their dreams lost or at being able to provide for ourselves, and pooling of money out there from which least deferred. A job loss is not just an- it is also the key to a healthy econ- people can borrow money, make invest- other statistic, it is a real human trag- omy. ments, cap investments, to put guys edy. A jobless recovery, which we have like my dad to work when he was alive. Paraphrasing President Truman, and right now, means nothing to the mil- God love them being so concerned I didn’t know what he was doing at the lions still out of work. And this so- about my dad. But that is a legitimate time, my grandfather Finnegan from called jobless recovery is in danger of argument. And what they say is, we Scranton used to say, Joey, when the causing the recovery as a whole to value that effort, because it is a more guy up in Throop loses his job, it is an sputter out because its foundation is societal consequence, than we value economic slowdown; when my brother- not very solid. the guy sitting behind a crane or a in-law loses his job, it is a recession; There is little hope for sustained, heavy piece of equipment because we when I lose my job, it is a depression. healthy economic growth without will tax him, but we will not tax the There is a lot of depression for a lot solid, good-paying jobs. Consumer con- guy who creates something of greater of folks out there. For 3 years now, this fidence and consumer spending—the value. He does not break a sweat. He administration has told us that tax keys to our economy—ultimately de- does not put his body at risk. He puts cuts are the only thing we need to do pend on Americans’ confidence that his money at risk. to get this economy rolling. They said they are going to have a secure job, a Now we are creeping into a two- tax cuts were all we needed to create job that pays a fair wage for a fair tiered notion of what is the most valu- new jobs. You know the talk about cre- day’s labor. able thing to be compensated in this ating new jobs. But here we stand For over half a century, American country. It is a legitimate argument today, trillions of dollars in tax cuts workers have known what that meant: with which I fundamentally disagree. later, and we have not added a single— a 40-hour workweek and time and a Make no mistake about where those hear me now—a single, not one net new half for overtime. You could count on guys are coming from. Don’t try to tell job to the economy in the United that extra pay in exchange for the me they are trying to help my brother, States of America—not one. And I will extra burden of working more than 40 the laborer. Don’t try to convince me bet the President anything he wishes hours a week. they are trying to help the average to bet that at the end of his term—de- So I would just ask, what has middle-class guy. Don’t try to tell me feated or reelected—on election day changed in America that says when they are trying to create wealth among 2004, this will be the first administra- you work more than 40 hours a week, those who are raising their kids in tion since Herbert Hoover not to create you should not get compensated more split-level homes and trying to pay for one single solitary net new job. As they for it? What is it that has changed that tuition. Don’t try to tell me that. They used to say on ‘‘Saturday Night Live,’’ says the premise of overtime pay is no are trying to do that indirectly because ‘‘Ain’t that special?’’—not one new job. longer sound? What is it? What is it if you let the big guy have more Not only have we failed to create new that has changed, that is different from money, he will take a greater risk and jobs, we are losing the ones we have. the agreement we made—business and he will invest it and maybe employ Tax cuts were the only policy we had, management and labor—that if you

VerDate jul 14 2003 00:15 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.041 S09PT1 S11208 CONGRESSIONAL RECORD — SENATE September 9, 2003 don’t control your work environment, home and to shoulder the burdens we prohibit funding for those new over- you should be compensated monetarily face around the world—at exactly the time regulations. when you are asked to work in that en- time the President has rightfully Senator HARKIN deserves our thanks, vironment beyond 40 hours? What has called on us for $87 billion for Iraq. and the thanks of millions of workers, changed? It is time to ask the question: Can for his leadership on this issue. What is happening? Have we taken on this administration create just one new On its face, the issue could not be a new set of basic values or is there private-sector job, one more job than clearer. The administration wants to something in the marketplace that has existed when they took office? take away the rights of millions of changed that demands this? The President’s Council of Economic workers to overtime pay. They want to I will conclude with this. The irony Advisors claimed that the last tax cut make it easier for employers to reclas- of all of this is that at the very time would produce 5.5 million new jobs be- sify as many as 8 million hourly work- when people are feeling less secure tween now and the end of 2004. With the ers—who now get overtime pay—to physically, the very time when people loss of 93,000 jobs last month, that puts make them ineligible for overtime pay. are feeling less secure about their jobs, them 437,000 jobs behind their promises Right now, for most workers, if you at the very time when we have lost already. are not ‘‘white collar’’ working in man- millions of jobs, and no reasonable I challenge them to create just one agement, your boss has to pay you prospect of seeing them regained in the new job during this administration, time and a half for all the work you do near term, why is it they have to pile one new job before the next election. over 40 hours a week. The idea is that on now—pile on now—and begin to The latest official unemployment more highly educated workers, who change that basic contract? number looks slightly improved on participate in management, who have You would think they would at least paper, but that is because the nearly 2 significant authority over the work- have the good grace and the courtesy million men and women who have been place, are more properly classified as to wait until things have improved a out of work for over half a year know salaried, not hourly, workers. They get little bit. It just seems to me to be that god jobs are just not there and a fixed amount of pay, no matter how really bad form, just bad form, because they have completely given up looking many hours they may put in a week. you know a lot of those guys and for work. Hourly workers, on the other hand, Jobs are the key to our dignity as women who are making overtime are who do not manage the conditions human beings. And they are the key to helping pay their mother’s prescription under which they work, who have less a healthy economy. bill, are making sure that their broth- A jobless recovery like we have right to say about the work week is orga- er, who lost his job, is able to keep his now means nothing to the millions still nized, must be compensated if they kids in school. out of work. And this so-called jobless work more than the basic 40 hours. A lot of that money for overtime is That has been the definition of a fair recovery is in danger of sputtering out family overtime. And now we want to day’s work for a fair day’s pay for more because it lacks a strong foundation. change that. I think it is getting a lit- There is little hope for sustained, than half a century, and its basic fair- tle bit greedy. I think it is just a little healthy economic growth without solid ness still makes sense today. bit greedy. I think it is bad form. And good-paying jobs. America has changed, but not our I sincerely hope I turn out to be wrong. Consumer confidence and consumer values. But the administration’s new I sincerely hope the economic conserv- spending—the keys to our economy— regulations would make it easier— atives in this administration really are ultimately depend on Americans’ con- would actually create an incentive for attempting to provide a change in the fidence that they have a secure job, a employers to classify workers who rules to make sure that more people job that pays a fair wage for fair days’ have little advanced education and lit- get overtime. I will come to the floor work. tle or no authority—to classify those and say: I’m sorry, I misjudged you. I For over half a century American workers as white collar workers. thank you for your concern for work- workers have known what that meant, Those regulations would lower the ing-class people. I thank you for your a 40-hour work week, and time and a amount of education currently re- concern that not enough of them were half if you worked overtime. You could quired to classify someone as white getting paid overtime, and I appreciate count on that extra pay in exchange collar or professional. And they would the fact you are now willing to pay for the extra burden of working more also loosen the definition of manage- more people more overtime. I don’t than 40 hours a week. ment activities to make it easier to think I will have to make that speech. Many workers often have no choice claim that a lot of the basic paperwork I hope I am wrong. about working overtime, it is up to many hourly workers currently do ac- Mr. President, last month 93,000 their boss. But they have to work those tually makes them administrators or Americans lost their jobs. Over the last extra hours, their employer is required executives. 3 years, more than 3 million private to pay them time and a half. Overnight, with the stroke of a com- sector jobs have disappeared. And for This has been a cornerstone of the so- puter key, millions of workers could each one of those 3 million lost jobs, cial contract between labor and man- lose the right to overtime pay. These there is a story of a child without agement, between workers and employ- rules are designed not only to make it health care, a family in crisis without ers. easier to reclassify workers, but to dignity or hope, their dreams lost or For other workers, higher overtime make it pay for employers who do so. deferred. pay is often absolutely essential to Employers will save money, since A job loss is not just another sta- making ends meet. For those strug- they will no longer be required to pay tistic, it is a real human tragedy. gling along on the minimum wage or a workers time and a half for work that For 3 years now this administration little more, overtime pay can make all they are now guaranteed. There would told us that tax cuts are the only thing the difference when you are trying to be no change in the number of hours we need to get the economy rolling make ends meet. they could be required to do, no change again. They said tax cuts are all we We know that many workers simply in their education, no change in their need to create new jobs. But here we schedule themselves as much overtime responsibilities, just one change in the stand today, trillions of dollars in tax as they can physically bear so that regulations in Washington—and they cuts later, and we have not added a sin- they can stay above water financially. are out overtime pay and out of luck. gle new job to this economy. But despite the key role of the 40-hour Today, when the biggest problem fac- Not only have we failed to create new work week, despite the wide-spread re- ing our economy is the loss of job, jobs, we are losing the ones we used to liance on time and half pay for work when a well-paying job is so hard to have. Tax cuts were the only policy past those 40 hours, this administra- come by, these regulations are the they had, but it is painfully clear that tion has proposed crippling changes in worst thing we could do. they have not worked. And now it is the regulations governing overtime This administration has the worst clear that the tax cuts and the deficits pay. record of job loss since Herbert Hoo- they created are crippling our ability That is why I am here as a cosponsor ver—3.2 million jobs lost. Faced with to meet our responsibilities here at to the Harkin-Kennedy amendment to the obvious fact that his economic

VerDate jul 14 2003 00:33 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.043 S09PT1 September 9, 2003 CONGRESSIONAL RECORD — SENATE S11209 policies have failed to create a single to fully serve 6.2 million needy chil- ferred to my amendment as a gimmick. new job, faced with the fact that years dren, according to the Congressional Think of that. That Senator on the into a so-called recovery, we are still Research Service. other side of the aisle said my amend- losing jobs, the President recently an- How much does this bill provide? ment was a gimmick. The exact words nounced a warmed over package of his This bill provides just $12.4 billion. were ‘‘a gimmick of classic propor- failed policies and labeled it a job cre- That is enough to fully serve only 4.1 tions.’’ ation plan. I suppose it is a good thing million children. Well, I would like to call the Senate’s that he finally realizes that he is pre- The amendment I am offering would attention to page 76 of the base bill. siding over the worst job creation of increase title I funding by $6.1 billion, Lines 1 and 2 add $2.2 billion in fiscal any modern President. for a total of $18.5 billion, the fiscal year 2003 spending. Now read exactly Unfortunately, there is nothing new year 2004 authorized level, and it would what is in the bill, lines 1 and 2, ‘‘by in his announcement, and absolutely extend the full educational benefits of striking $4,651,199,000 and inserting nothing that would create one new title I to 2.1 million children who oth- $6,895,199,000.’’ So you see, lines 1 and 2 well-paying job. If he truly wants to do erwise would be left behind. This would add $2.2 billion in fiscal year 2003 something for the working men and allow us to keep the promise we made spending. women of America, I respectfully sug- in the No Child Left Behind Act. Now just drop two lines; just go down gest that the President simply rescind I have to my left a chart. This chart the page two lines and read lines 3 and these proposed regulations. That alone shows what this amendment will mean 4; 3 and 4 offset that increase by re- would protect the overtime pay on for schools in all 50 States. I know that scinding $2.2 billion in fiscal year 2004 which so many men and women and their listing here creates a chart on advance appropriations in the fiscal their families depend today. which it is difficult to read from any year 2003 Labor-HHS appropriations Now is not the time for this adminis- distance virtually. But here they are, bill. So my amendment uses the same tration to use its regulatory power to 50 States. Let’s take a few examples. funding mechanism as has been used in cut the pay of millions of American Take for example New Hampshire. this bill. workers. But if we will not stop this Under my amendment, New Hampshire Mr. SPECTER, chairman of the sub- pay cut for millions of Americans, we schools will receive $19.5 million more committee, can verify that. Mr. STE- can do that today here in the Senate. than they would receive under the Sen- VENS, chairman of the full committee, We can vote to prohibit any funds from ate bill. That is a 66-percent increase one of the finest chairmen there have going to enforce this unfair and wrong- over the fiscal year 2004 level. been since that committee was created in 1867, will verify that. He will verify headed change in our basic social con- Let’s take a look at Pennsylvania. that I am reading this accurately and tract, in the deal we have struck be- Pennsylvania schools will receive $223.4 million more under my amendment. that that is what is being done. tween millions of workers and their So my amendment uses the same That represents a 51-percent increase employers. funding those two illustrious gentle- I urge my colleagues to join me in over the fiscal year 2003 level. men used in writing the bill. And if my voting for this amendment. In Maine, schools will receive an ad- amendment is a gimmick—hear me—if Mr. President, I thank my colleagues ditional $24 million for a 50-percent in- my amendment is a gimmick, what and yield to the distinguished Senator crease. In my State of West Virginia, does that say about the base bill? Is it from West Virginia. schools will receive $47 million, $46.8 also a gimmick? I ask, is the base bill The PRESIDING OFFICER (Mr. million more under my amendment also a gimmick? CHAFEE). The Senator from West Vir- than they would receive under the Sen- Opponents of my amendment have ginia. ate bill, also for a 50-percent increase also argued that the Congress is under Mr. BYRD. Mr. President, are we op- over the fiscal year 2003 level. no obligation to fund title I at the au- erating under any time constraints? There are other schools. All of the thorized level because authorizations The PRESIDING OFFICER. No, we States on this chart—and there are 50 are just guidelines. are not. of them—under my amendment every Well, title I is not your average au- Mr. BYRD. I thank the Chair. State receives an increase over the thorization program. Most education AMENDMENT NO. 1543 Senate bill. authorizations don’t put mandates on Mr. President, when President Bush Massachusetts will receive $129.3 mil- States. The title I program in the No signed the No Child Left Behind Act, lion more under my amendment than it Child Left Behind Act puts more Fed- he promised to give schools the funding would receive under the bill. Alaska eral mandates on our Nation’s schools they needed to help every young person would receive $18.4 million more. New than any law in 35 years. in this country succeed in the class- York would receive $682.2 million more. This law requires every State to de- room. California would receive $899.5 million velop a plan for helping all students That promise has not been kept. And more than it would receive under the reach a proficient or advanced level of there is no better example of that bro- Senate bill. That is the way it goes all achievement within 12 years. That is ken promise than the education fund- the way down the line. The District of all students—all students, not just ing levels in this appropriations bill. Columbia would receive $27.8 million those in the wealthy suburbs but poor The most glaring example is the title I more. The State of Ohio would receive students, students from Appalachia to program. Title I helps the students who $203.8 million more. So every State Alaska, children with disabilities, stu- need help the most—the millions who would gain under the Byrd amendment. dents of all races and ethnicities. are being left behind. It is also the pro- This amendment is fully offset for Schools must leave no child behind, gram that, under the No Child Left Be- fiscal year 2004. It achieves this by re- and if schools that receive title I funds hind Act, will hold schools accountable scinding fiscal year 2004 advance appro- fall short of this goal, they face serious for improving student performance. priations in the fiscal year 2003 Labor- consequences. Schools that fail to We did not have this program in my HHS appropriations bill and reappro- make adequate yearly progress in rais- day and schools did not have to be held priating those moneys in fiscal year ing student performance for 2 consecu- accountable, either, for improving stu- 2003. That is the exact same mecha- tive years have to give the students the dent performance. It was a given that nism that Chairman STEVENS and opportunity of transferring to another students went to school to learn and Chairman SPECTER are using to add $2.2 public school. That means the school that they were expected to study hard. billion to the base bill—the same has to take money it would have spent That is why we had our schools. We mechanism. My amendment simply for instruction and use that money in- were there to get an education. builds upon their mechanism and adds stead for transportation. The penalties That is why, when Congress wrote $6.1 billion more for title I. get more severe as time goes on. Ulti- the No Child Left Behind Act, it au- Unfortunately, there has been some mately, if a title I school fails to make thorized specific funding levels for title confusion over this point. I was dis- adequate progress for 5 years in a row, I for every year through fiscal year appointed last week to hear a Senator it can be taken over by the State or 2012. The authorized amount for fiscal from the other side of the aisle refer to the entire staff can be fired and re- year 2004 is $18.5 billion. That is enough my amendment as a gimmick. Yes, re- placed.

VerDate jul 14 2003 00:33 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A09SE6.006 S09PT1 S11210 CONGRESSIONAL RECORD — SENATE September 9, 2003 These are serious penalties, Mr. Union Address, President Bush an- least that general debate and discus- President, and I support them. I believe nounced a 5-year, $15 billion global sion in which this body said, OK, we it is high time we held schools account- AIDS initiative. Later he signed a law have not been able to use the resources able for their performance, but I also promising to fund that initiative at $3 we have used in looking at title I and believe if we are going to threaten billion a year. Then this summer, he elementary and secondary as effec- schools with penalties—and these are went to Africa and promised to do all tively as we would like to, but we are severe penalties—we have a responsi- in his power to make sure Congress strongly committed toward reforming bility to provide those schools with the fully financed that law. But when it our educational system because edu- resources they need to improve. came time to put the money behind cation is so important to the future of Senator KENNEDY and President Bush that promise, where was the President? our country, and that was a debate agreed on what those resources would The President fell short. And he is that took place, that resulted in No be when they negotiated the No Child doing the same thing with education. Child Left Behind, and it is to that Left Behind Act. Senator KENNEDY and The Congress is being asked to pro- issue that the Senator from West Vir- President Bush agreed that title I vide billions of dollars for the recon- ginia is addressing the Senate, as I should be funded at $18.5 billion in fis- struction of Iraq—the Appropriations hear him this afternoon; that we have cal year 2004 and Congress voted over- Committee, I hope, will conduct hear- put in place the reforms but what is whelmingly to endorse that figure ings on that request—for what we are not there are the resources to give life when it passed the law. told is Saddam Hussein’s willful ne- to the reforms. This is what is at the When President Bush signed that law glect of all major infrastructure needs, heart of the Senator’s amendment, as I a few weeks later, he said: including schools. So the President understand it and as I interpret it. Am We are going to spend more money, more wants money for Iraq. He wants to I correct? resources, but they will be directed at meth- make up for Saddam Hussein’s willful Mr. BYRD. Yes. The distinguished ods that work. neglect of all major infrastructure Senator from Massachusetts, who has But this appropriations bill which needs, including schools. been a leader in this field, and who is a mirrors the President’s budget request Mr. President, if the United States leader in this field, remembers very falls more than $6 billion short. Government is to address infrastruc- clearly and accurately the purposes Let me take just a moment to ex- ture needs in Iraq, why can we not find and the debate on the No Child Left Be- plain what schools could do with that the money to support our own domes- hind Act. $6 billion. The amendment I am offer- tic education system in the form of I have never wanted to just throw ing would provide enough funding to funding the No Child Left Behind Act? money at anything. I never felt that hire more than 100,000 highly qualified Where are our priorities? I voted for just throwing money at education was teachers for the students who are most the No Child Left Behind Act. I support going to educate our students, but I at risk of being left behind. That the reforms in that law, but schools have been in favor of the reforms that means over 2 million disadvantaged need more funding if we are truly going are in this act. I believe we ought to do students would be taught in smaller to leave no child behind. everything we possibly can to utilize classes, and they would receive the full I urge my fellow Senators to approve those reforms, to put them into effect, range of instructional services called this amendment. We gave our word to enforce them, and at the same time for under the No Child Left Behind Act. It is no wonder students and teachers the people when we passed the No Child have the money available to these across the country are clamoring for Left Behind Act. So let us, Mr. Presi- schools so the reforms can be made, this funding. In West Virginia, the De- dent, keep our word. will be made, and will be enforced. Mr. KENNEDY. Will the Senator partment of Education announced this They are pretty tough reforms. summer that 326 of the State’s 728 from West Virginia be kind enough to As I indicated in my remarks, we schools failed to make adequate yearly yield for a question? have an obligation to provide the mon- Mr. BYRD. I will be happy to yield progress under the No Child Left Be- ies to those schools. When I was going for a question. hind Act. That is 45 percent of all the to school, I started out in a little two- Mr. KENNEDY. The Senator from schools in the State. room schoolhouse in Algonquin, WV, in In many other States, more than half West Virginia was here at the time we the southern part of West Virginia. I of all the schools failed to make ade- had the debate on the No Child Left Be- entered school long about 1923. Of quate progress. So I ask my fellow Sen- hind Act and remembers it very clear- course, we did not have Federal aid to ators: Where is the money going to ly. I remember one of the finest edu- education then. We had good teachers, come from to help these schools im- cation talks I have heard in the Senate although they were not paid a lot. Dur- prove? State governments are facing a was where the good Senator from West ing the Depression, many of them had fiscal crisis. So State governments are Virginia reviewed for the Members of to take a reduction on their paychecks not in a position to respond to the the Senate his personal experience—it to get those checks cashed, but we had needs. Where will the schools turn? was shared by a few others—in terms of teachers who cared. I had foster par- State governments are in no position the value of education as a young per- ents who cared. Our schools were not to make up a funding shortfall from son when he was growing up in the much, but we studied hard and we tried the Federal Government. Yet this ap- State of West Virginia. As he remem- to make a better life for ourselves and propriations bill underfunds title I by bers the debate on the No Child Left our parents. So I know something more than $6 billion. Behind Act and the debate we had the about the disadvantaged children and This bill is a betrayal of the No Child year before when we were looking at disadvantaged schools. I came through Left Behind Act. It is unfair to all the the reauthorization of the Elementary that Depression. I am proud to say I people in this country who are working and Secondary Education Act, there was alive in that Great Depression. I so hard to implement it. Parents and was a general recognition in this body am proud to say I lived through it be- teachers want their schools to be held that just providing resources without cause it taught me a lot of lessons. It accountable. They want every child to reform was not meeting our responsi- taught me the worth of an education. succeed. They are holding up their end bility to the children of this country. Benjamin Disraeli, who was Prime of the bargain. But if we were going to have reform, Minister of Great Britain, said in the Where is the President? What hap- we were going to have to have re- House of Commons in 1874—the reason pened to his commitment to education? sources. I remember the date easily is it was I will tell you what happened. Once the As I remember the discussions we the year before my foster father, Titus President signed the No Child Left Be- had with the President of the United Dalton Byrd, was born. So it was 1874. hind Act and the cameras stopped roll- States on this point, this was a simple Benjamin Disraeli said: Upon the edu- ing and the sound bites faded away, the concept, but a rather basic concept, cation of the people of this country the President walked away from the job of one which gathered broad bipartisan fate of this country depends. funding education. support and was the keystone of the I think the Senator will join me in Sadly, we have seen this picture be- whole No Child Left Behind Act. I am saying we ascribe to that; that upon fore. This January in his State of the wondering if the Senator remembers at the education of the people of our

VerDate jul 14 2003 00:33 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.047 S09PT1 September 9, 2003 CONGRESSIONAL RECORD — SENATE S11211 country the fate of this country de- That is the way I read the Senator’s ‘‘extremely impressive’’ proof that the Mas- pends. So this is a vote to improve the amendment. sachusetts 10-year effort to improve public education of disadvantaged children. It Mr. BYRD. The Senator reads it as I schools is bearing fruit. is a vote to keep our word that we gave intended it to be read and as other Sen- Curriculum reform, better teachers, when we passed the No Child Left Be- ators who are cosponsoring this amend- smaller class size, afterschool pro- hind Act. ment intended likewise. grams—this is just what has happened I congratulate the Senator from Mas- There is no question about the fact in one State, I say to Senator BYRD. sachusetts. I said he has been a leader. that we were trying to give our chil- These were the same things we were I said he is a leader and he was a leader dren smaller classrooms. The Senator committed to for every State in the on this bill. He spoke with President might know—of course he would not country, to see this kind of progress. Bush and he worked this approach out know how many students were in my We have not solved all the problems. with President Bush. I congratulate graduating class. I was valedictorian of We still have many others. I will not him for it, but we have to do what we that class in 1934. If there had been one take the time of the Senate to review can to live up to it, and that is what we more student in that class, I might not all of the different categories, the eth- are doing here. have been valedictorian. There were 28 nicity, the student status, all the dif- Mr. KENNEDY. I appreciate what the graduates. What a large class. But it ferent categories. I ask unanimous con- good Senator has said in his comments. was not by virtue of the kind of legisla- sent to have this article printed in the These figures might get complex for tion that we have been supporting. RECORD. people who are watching this debate. That was the number of students in There being no objection, the mate- Basically, the No Child Left Behind those southern Virginia coalfields. rial was ordered to be printed in the Act said, No. 1, we are going to let the We had good teachers. They were not RECORD, as follows: States develop their own curriculums. paid a good deal, but we knew the SCORES SHOW BROAD GAINS ON MCAS No. 2, we are going to have well- worth of a good teacher. They were (By Anand Vaishnav) trained teachers who are going to learn dedicated. What we are trying to do More Massachusetts high school students that curriculum and be able to teach today is give our children smaller class passed the MCAS graduation test on their the students. sizes so they will get from the teachers first attempt this year, as scores climbed in No. 3, we are going to have smaller the kind of attention they need. We are nearly every grade, every subject, and every class sizes so a well-trained teacher in trying to give them good teachers. We racial group, statewide results released yes- the classroom is going to be able to are holding the teachers to high stand- terday show. interact with the students in those About 75 percent of the class of 2005, or ards, also. about 52,000 students, passed both the classrooms. Yes, I am somewhat amazed and of- No. 4, we are going to find out how English and math portions of the 10th-grade fended by the fact that our President is test on their first try this spring. That is sig- much those children learn over the wanting $87 billion now for Iraq. That nificantly better than the 69 percent of stu- course of the year by giving them not is $87 billion for Iraq. That is not dents in the class of 2004 and the 68 percent just robot tests and situations where counting the $69 billion the Congress of students in the class of 2003 who passed teachers teach to the test but really in- has already appropriated, no questions the first time they took it. quire about what these children are asked, by the way, for Iraq, making a Jubilant state officials hailed the scores at learning in the classroom. total of $166 billion for Iraq. So we are a State House news conference yesterday as No. 5, we are going to have supple- ‘‘extremely impressive’’ proof that Massa- going to be asked to consider a supple- chusetts’ 10-year effort to improve public mentary services to help those children mental for Iraq. if they fall behind so they will be able schools is bearing fruit. But they acknowl- I am going to consider that. But why edged that a racial achievement gap persists, to keep up. That is effectively what we not consider more moneys for our own with more than half of Latino students and were looking at in the No Child Left students, for our own teachers, for our almost half of African-American students Behind proposal. own schools? That is what we are try- failing one or both of the 10th-grade tests. We demanded accountability, as the ing to do here. We are trying to live up ‘‘There have not been wholesale brain Senator remembers. We demanded ac- to the word the President and Senator transplants. There has not been an increase countability from parents because we in the IQ of the citizenry of Massachusetts,’’ KENNEDY and I and others in Congress gave parents the report cards not only Governor Mitt Romney said. ‘‘Instead, our gave to the American people, to the education system is doing a better job with about how the children were doing but students of our country, and to the par- how their school was doing. We gave our kids.’’ ents, and to the teachers. About 527,000 students in grades 3, 4, 5, 6, 7, accountability to the teachers that Mr. KENNEDY. I want to just bring 8, and 10 took one or more sections of the they were going to have to upgrade to the attention of the Senator from MCAS in April and May, in English, math, or their skills in the courses they were West Virginia the results of the scores science. going to have to teach. We gave ac- that are taken in my own State of Mas- The results were particularly encouraging for 10th-graders, members of the class of countability to the school systems that sachusetts, which really began this ef- unless the school systems were going 2005, who were in first grade when the 1993 fort, which is very similar to what I Education Reform Act, which introduced the to perform, if they were going to effec- have just outlined here, 5 years ago. tively abandon their children or not tests, became law. About 80 percent passed Let me just read the front page on the math test on their first attempt, and 89 perform for their children, that they September 4, 2003 of the Boston Globe: percent passed English. would effectively be taken over by the Scores show broad gains on MCAS test. Scores also improved for students with dis- State. And we were going to insist on a abilities and those with limited English That is the statewide standard test, good quality education. skills—two groups that have struggled with Does the Senator, in his comments which is basically equivalent to what the exam since it became a graduation re- today, agree with me that we are get- we call the NAEP test. Let me read quirement with the class of 2003. About 46 ting accountability with the students this. percent of disabled students passed the 10th- who are working in America and the More Massachusetts high school students grade test after just one round, up from 32 teachers who are trying hard and those passed the MCAS graduation test on their percent of limited-English students passed, first attempt this year, as scores climbed in double the 17 percent who passed a year ago. in local communities who are trying to nearly every grade, every subject, and every The jump came despite new federal and state get the small classes, but we do not racial group, statewide results released yes- laws allowing few students with a native lan- have the accountability by the Presi- terday show. guage other than English to skip the test. dent of the United States and the ad- About 75 percent of the class of 2005, or To some observers, the signs were clear ministration providing the resources to about 52,000 students passed both the English that 10 years of efforts on education, from let them do it and that the amendment and math portions of their 10th-grade test on billions of dollars in new funding to the first of the Senator from West Virginia their first try this spring. That is signifi- statewide curriculum standards, were paying would meet our accountability and our cantly better than 69 percent of students in off. Massachusetts has recorded parallel the class of 2004 and 68 percent of students in gains on national tests such as the SAT and commitment when we voted on behalf the class of 2003 who passed the first time the National Assessment of Educational of that bill? they took it. Progress. Would the Senator agree that is ef- Jubilant state officials hailed the scores at ‘‘All signs are that education reform is fectively what we are trying to do? a State House news conference yesterday as taking root, and this is part of the harvest,’’

VerDate jul 14 2003 00:33 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.049 S09PT1 S11212 CONGRESSIONAL RECORD — SENATE September 9, 2003 said Andrew Effrat, dean of the School of School districts received their students’ Senator MURRAY understand that. That Education at the University of Massachu- scores last month and are just now analyzing is what the amendment of the Senator setts at Amherst. the results. Tyshawanna Richardson, a jun- from West Virginia commits us to here, Still, Effrat said, the battle is not over, ior at the Codman Academy Charter School calling the failure rates for minority stu- in Dorchester, passed English but not math. at a time when we are being requested dents significant. Twenty-five sophomores at the school took $87 billion, to say we can have a down- For example, 84 percent of white 10th-grad- the exam—all passed English, and about two- payment of $6 billion for the children ers passed MCAS on their first try, compared thirds passed the math section. of this country. with 44 percent of Latinos and 52 percent of ‘‘I plan on going over whatever I didn’t get, Mr. BYRD. Mr. President, there is no blacks. to understand it so this time I can pass,’’ question about it. I want to thank the Last year, a group of student in the class said Richardson, 16, of Mattapan. ‘‘It wasn’t distinguished Senator for his work in of 2003 sued the state, saying the Board of that hard.’’ this field. I want to thank him for his Education had exceeded its authority in en- Mr. KENNEDY. But I want to ask the acting a graduation requirement and that work on the Armed Services Com- schools had not prepared them for it. Senator this last question. In the mittee. And I want to thank him for Students in 10th grade can take the test Budget Act, the budget for fiscal year his leadership in making laws that will five times before graduation, but they must 2002, the conference report—this is better prepare our young people for the pass MCAS and all of their classes to earn a what bothers me. We have seen the in- future, for what lies ahead of them. Of diploma. Individual school and district crease in the education budget going course, we need better educated people scores will be released in about two weeks from 1997 to 2001 up to 13 percent, to in our Armed Forces. Of course, we along with retest scores from the class of 2002, to 16 percent. That is when Demo- 2003 and 2004 that will show how many stu- have to have better educated people if crats and Republicans worked with the dents still must pass before earning their di- we are going to keep this country as President to try to begin the downpay- ploma. the superpower of the world. ment on this effort. This is when we MCAS opponents yesterday questioned how I want to thank him for what he has the gains could last as schools facing signifi- had the bipartisan agreement. cant budget cuts this year have laid off Then the next year, as the Senator done in this respect. I know he must teachers, boosted class sizes, and slashed has pointed out, after the television feel very proud of the record that has supplies. In addition, the Legislature sliced lights had faded and the crowd had dis- been established by his schools up the $53 million in state money for MCAS tu- appeared, we have in the budget, with there, to which he referred a little toring to $10 million this year, and a Rom- while ago. Those performances were in ney spokeswoman said she could not say the Republicans in charge: For the years beyond 2002, this report as- English and math. They are not easy whether the governor will include more subjects, as I recall—not the easiest. money for MCAS help in his forthcoming sumes the 2000 discretionary function level supplemental budget. grows by inflation. But there is no subject matter that is Some MCAS critics attributed the gains to It grows by inflation. Therefore, more important than that of English, a relentless focus on test preparation in under the Republicans, it was going to grammar, mathematics. He must feel schools and the practice of holding back be zero, zero, zero, zero, zero. That is justly proud of the performance those ninth-graders who are not prepared for the what was in the Republican budget. schools have made, that has been made exam, and who may later drop out. possible, to a considerable extent, by ‘‘Clearly, test preparation makes test After we passed the bill and we saw the scores go up, and other things contribute, bill increase, this is what they were his work on this legislation. So I thank like attrition, which has been a consistent saying. him for his contribution here to our de- theme and not so much paid attention to’’ by Many of us were saying that might bate today also. the Department of Education, said Lisa have been, but we will hope for the Mr. KENNEDY. I thank the Senator Guisbond, a statewide coordinator for the next year from the President of the very much. Massachusetts Coalition for Authentic Re- United States, who specifically nego- Mr. BYRD. form in Education, which opposes the MCAS tiated those increases—we thought: I took a piece of plastic clay graduation requirement. ‘‘These are things And idly fashioned it one day, that continue to be troubling.’’ That’s a mistake—we will find some- However, Massachusetts commissioner of thing different. But instead what we And as my fingers pressed it still, education, David P. Driscoll, and the state have effectively found, as this chart It moved and yielded to my will. Board of Education chairman, James A. here indicates, under the Bush budget, I came again when days were past— Peyser, pointed to higher scores for black it leaves millions of children behind. The bit of clay was hard at last; and Latino teens as evidence of a ‘‘dramatic We are going to be leaving 6.2 million The form I gave it, it still bore, breakthrough’’ in the achievement gap. In children behind; 5.89 in 2005; 5.8 million But I could change that form no more. 2001, 77 percent of white 10th graders passed in 2006; 2007, more than 5 million; 5 mil- I took a piece of living clay MCAS on their first try, compared with 29- lion; 5 million. Effectively, under the And gently formed it day by day, percent of Latinos and 37 percent of blacks. And moulded with my power and art Left unanswered yesterday were questions Byrd proposal, if we continued that A young child’s soft and yielding heart. about a steep drop in the number of black progress we achieve what the No Child I came again when years were gone— test-takers. State education officials said Left Behind committed us to, and that It was a man I looked upon; they will need to study why only 3,530 black was we were going to have, at the end He still that early impress wore, 10th-graders took the test this spring, down of 12 years, proficiency in the public And I could change him nevermore. from 4,587 last year. The number of white schools for the disadvantaged children That is what we are talking about. test-takers also dropped, from 49,866 to of this country. That is what the Byrd 44,131. One possible explanation is that fewer That little piece of clay. That little amendment puts us on a pathway to. students specified their race this year, state piece of clay. That is why it is so important, so es- officials said. Just a closing thought about our sential. It could also stem from an increase in the teachers: number of students dropping out, leaving If the Senator would permit me one Massachusetts, or repeating ninth grade. more moment? We attended the Armed A builder builded a temple, First administered in 1998, the MCAS test Services Committee meeting earlier He wrought it with grace and skill; has sparked rallies, protests, and a campaign Pillars and groins and arches today. Does the Senator not agree with All fashioned to work his will. for a statewide ballot question to get rid of me the investment in education is es- the graduation requirement. sential if we are going to have the best Men said, as they saw its beauty, Guisbond also questioned whether changes ‘‘It shall never know decay; in scoring could have inflated results. This fighting men and women in the world; Great is thy skill, O Builder! year, 10th-graders needed 19 out of 60 points that investing in education is essential Thy fame shall endure for aye.’’ on the math test to pass, down from 20 out if we are going to have the strongest A teacher builded a temple of 60 last year, state officials said. On the economy in the world; and that invest- With loving and infinite care, English test, they needed 38 out of 72 points ing in education is absolutely nec- Planning each arch with patience, to pass, down from 41 out of 72. essary if we are going to be able to pre- Laying each stone with prayer. Jeff Nellhaus, associate commissioner for students assessment, said the Department of serve democratic institutions in the None praised her unceasing efforts, Education lowered the number of points greatest country of the world? That None knew of her wondrous plan, needed to pass because a statistical analysis this is the core value? For the temple the teacher builded of the exam showed that it had harder ques- Parents understand that. You and I Was unseen by the eyes of man. tions than the year before. understand it. Senator HARKIN and Gone is the Builder’s temple,

VerDate jul 14 2003 02:07 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A09SE6.008 S09PT1 September 9, 2003 CONGRESSIONAL RECORD — SENATE S11213 Crumpled into the dust; Policy Institute, those changes are nities across the country we have a Low lies each stately pillar, going to mean a pay cut for up to 10 shortage of nurses. I hear it from ev- Food for consuming rust. million working families. These pro- eryone who comes into our office. It is But the temple the teacher builded posed changes will mean a pay cut for really causing hardship everywhere. Will last while the ages roll, up to 10 million working Americans. These nurses are working really hard. For that beautiful unseen temple These families are working really hard They are providing care under ex- Was a child’s immortal soul. today. They are playing by the rules. tremely difficult conditions. Now the Mr. President, I ask unanimous con- They are trying to make ends meet. Bush administration is going to pre- sent the following Senators be added as And this administration is squeezing vent more than 230,000 licensed prac- cosponsors to the amendment I have them once again. To me that is unac- tical nurses from getting overtime pay. offered: Senators HARKIN, DODD, DOR- ceptable. That is why the Harkin They work hard for it. Frankly, in my GAN, KOHL, BINGAMAN, LIEBERMAN, amendment is so important today. view, they deserve every penny they DAYTON, PRYOR, CORZINE, MIKULSKI, The question I have is this: Haven’t get. SCHUMER, KENNEDY, JOHNSON, ED- American workers been punished When I first heard about this dis- WARDS, MURRAY, ROCKEFELLER, LAU- enough by this President’s economic turbing proposal, I joined with my col- TENBERG, LINCOLN—the first name of policies? Not only have we seen mil- leagues to tell the Bush administration the Senator who graces the chair and lions of Americans lose their pensions they are on the wrong track. As the presides over this August body at this but we have seen massive tax cuts for ranking Democrat on the Sub- moment, with a degree of dignity and the few while everyone else struggles committee on Employment, Safety, skill that is so rare as a day in June— just to get by. and Training, I was proud to join with In my home State of Washington LEAHY, GRAHAM, KERRY, LEVIN, CLIN- Senator KENNEDY and 40 other Sen- TON, JEFFORDS, REED, SARBANES, CANT- alone, we have lost more than 73,000 ators in sending a letter to Secretary WELL, LANDRIEU, STABENOW, and DUR- good-paying jobs since this administra- of Labor Chao. We asked her not to im- BIN. tion came into office. My State unem- plement the proposed regulation that The PRESIDING OFFICER. Without ployment rate is now the third highest would deny overtime pay to hard-work- in the Nation at 7.5 percent. In fact, objection, it is so ordered. ing Americans. The Senator from Washington. just recently one of our business col- In our letter, we asked the Secretary Mrs. MURRAY. Mr. President, I came umnists suggested that the actual un- to consider millions of workers who de- to the floor this afternoon to speak employment rate for Western States pend on overtime pay to make ends about the amendment offered by Sen- could be as high as 11.8 percent, if you meet and to pay for things such as ator HARKIN, and I will do so in just a count all of our unemployed workers. food, childcare, housing, health care, Here we are with so many people out minute. But first I want to congratu- and sending their kids to college—what of work and so many people struggling late Senator BYRD for his tremendous every family wants today. We know to keep their jobs. Now this adminis- work on education and thank him for overtime pay also makes up to 20 to 25 tration wants to force a pay cut on his extremely strong voice in this area. percent of an eligible worker’s wages. those people who are working overtime I know many students are starting But it seems this administration would for their employers and are just trying school this week. Many young people rather provide tax cuts for the rich— to make ends meet. I don’t think we are just starting out in kindergarten that is where their priorities are— across the country this year. They will should forget that these workers are now often the only breadwinners in while cutting the pay of working be grateful for Senator BYRD and his Americans who most often live pay- strong support of education. But so their family. This change will hurt up to 10 million hard-working Americans. check to paycheck. will the many students who have trav- During this debate, we heard some I come to the floor today to talk about eled to school while he has been here in dubious arguments from the other side. some of the real people who are going the Senate advocating for them. I We heard that we need to update the thank him for his work on their behalf to be squeezed by this amendment. Right now, our firefighters, our po- Fair Labor Standards Act because it over the many years. For all the young was passed back in 1938. But what they people out there who benefited from his licemen, and our EMTs are working very hard on the front lines on home- haven’t told us is that Congress has up- wisdom and support but also, very im- dated that act in fact eight times. portantly, for the teachers who will land security. They have gone above and beyond the call of duty, often with In 1985, Congress reviewed the law benefit as well, I thank my colleague and extended it to State and local gov- from West Virginia. inadequate training and often with in- adequate equipment. But they are ernments, leaving in place the current Mr. BYRD. Mr. President, I thank overtime exemptions. the very distinguished Senator from doing it to protect us in this dangerous age. Today, many of them are working Furthermore, the Bush administra- Washington, Mrs. MURRAY. overtime in order to do that. tion is taking some unprecedented AMENDMENT NO. 1580 Now the Bush administration is tell- steps. Never before has the legislative Mrs. MURRAY. Mr. President, I came ing our firefighters, our policemen, and branch authorized changes in the over- to the floor today to speak in strong our EMTs that they don’t deserve over- time rule. Never before has Congress support not only of Senator BYRD’s time pay for the extra work they do. I directed the Department of Labor to amendment but also of the amendment find that very insulting. We know it take overtime pay away from millions offered by Senator HARKIN. The amend- will hurt their ability to provide for of American workers. ment Senator HARKIN has offered is ex- their families who every day watch You have to wonder, why the urgent tremely critical in today’s world. It is these men and women go off to work need now to gut these time-tested offered in order to protect hard-work- and hope they return safely at the end worker protections? Could it be that ing Americans such as our police, fire- of the day. Even worse, it really vio- the Bush administration and its busi- fighters, and our nurses who rely today lates the great trust we place in this ness allies want to reduce the amount on overtime pay. country on our first responders. they pay in wages? Maybe it is because It is unbelievable to me that today as The International Union of Police employers know in this very tough families struggle in this extremely dif- Associations has estimated that 200,000 economy employees will just go along ficult economy, the Bush administra- midlevel police officers will lose $150 and accept the loss of overtime because tion wants to cut overtime pay for mil- million in overtime pay if these new they are so afraid they will be laid off. lions of Americans who depend on it regulations are implemented. I believe I will leave it to others to answer those just to make ends meet at home. our firefighters, our policemen, and our questions. My colleagues have been in the EMTs deserve overtime pay for their The Senate should not support this Chamber discussing the Bush adminis- overtime work. The Bush administra- coercive antiworker proposal. It will tration’s proposed changes to the Fair tion is trying to squeeze them, and drain the wallets of millions of Ameri- Labor Standards Act which sets the that is wrong. cans who are working hard today to rules regarding overtime pay in this Let me give you another example of put food on the table. This proposal country. According to the Economic whom this change will hurt. In commu- from the White House, in my opinion,

VerDate jul 14 2003 02:07 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.054 S09PT1 S11214 CONGRESSIONAL RECORD — SENATE September 9, 2003 is just another slap to working Ameri- firefighters, nurses, many who have Left Behind demanded accountability cans. We need to stop it in the Senate. important jobs in communities related in schools but said if the children are I commend the Senator from Iowa for to health and safety. The Bush admin- having a tough time passing the test, offering this critical amendment. Sen- istration has said they will not be enti- we want to provide extra resources to ator HARKIN has always been a great tled to overtime in the future. school districts across America so the friend to working Americans, and Those with a sense of history can re- test scores will improve. today those Americans need this Har- member from our history courses and Resources for title I is a program kin amendment to protect them from our readings how many lives were lost where school districts directly help this administration’s designs. in America in the establishment of the students and their families, students I urge my colleagues to stand up for labor movement to fight for one par- who are falling behind. The amount our firefighters, stand up for our po- ticular thing: the 40-hour workweek. that was to be authorized for this was lice, stand up for our EMTs, stand up This was, frankly, one of the most con- spelled out in law, written down and for our nurses who work every day for tentious issues. We finally said, as a approved by the President, signed into Americans. Stop this proposed pay cut matter of law in America, businesses law, and No Child Left Behind went for American workers. could only work their employees 40 into effect. I yield the floor. hours a week or they would have to pay Across America, public schools are The PRESIDING OFFICER. The Sen- time and a half for the extra time. bound by the requirements and man- ator from Illinois. That was a bitter battle that went on dates of No Child Left Behind. But, un- Mr. DURBIN. Mr. President, I con- for decades with a lot of bloodshed and fortunately, when it came to President gratulate my colleague, Senator MUR- lives lost because of social upheaval as Bush’s budget, he failed to appropriate RAY, for speaking on the overtime workers across America spoke out for the funds necessary to pay for this amendment offered by Senator HARKIN, their rights. But eventually it was es- mandate. So the mandate goes un- and Senator ROBERT BYRD for speaking tablished. The 40-hour workweek in funded at the local level. on his amendment involving funding America became a sacred precept, not I don’t know about the States of my the President’s mandate, the No Child just in collective bargaining contracts colleagues but I can speak about Illi- Left Behind legislation. I address both but as well in legislation, to apply to nois. We are in a terrible fiscal crisis. of those issues for a moment. everyone. The understanding was that We had to cut $5 billion in State funds First, I say to the Senator from beyond 40 hours you would have to pay this year—a very difficult thing to do— Washington, what she has outlined in extra. and our schools have suffered in the her State can be repeated in virtually What is the basis for it? Certainly so process. For us now to say that this every State across America. For the the workers’ rights would be respected. Federal mandate of No Child Left Be- last several years, we have seen a loss It would lessen exploitation. It would hind is not going to be funded as Presi- of jobs in America virtually unprece- say to the employer, if you are going to dent Bush promised means that the dented in recent history. In fact, you work someone beyond 40 hours, that President is not keeping his word to have to go back so far as President certainly is a physical impediment, one the schoolchildren and families of Herbert Hoover in the Great Depres- that could be a hardship, as well as a America. sion to find a time when America has family hardship, and you should pay Senator BYRD’s amendment says to lost as many jobs as we have lost since more for it. the President: Keep your word. Find President Bush took office. Remember, Now comes the Bush administration the $6 billion you promised to send to in the preceding 8 years we created 22 saying it is family friendly and elimi- these school districts. million new jobs in America, but since nating the right to overtime pay for 8 I happen to think Senator BYRD is President George W. Bush has taken of- to 10 million Americans. It could not right. I am happy to be a cosponsor of fice we have lost almost 3 million jobs. come at a worse time. It could not be his amendment. We cannot at this This is a modern record, a sad record a worse idea. point in time establish new mandates felt in every State, my own included. Senator HARKIN of Iowa offers an and new responsibilities on school dis- I have also been told that some 90 amendment which my friends on the tricts across America struggling to percent of the jobs we have lost have other side of the aisle are afraid we will survive and not provide the resources. been manufacturing jobs, jobs which call for a vote on, an amendment that In my home State of Illinois, almost have been lost to Third World coun- says we will not allow the Department half of the school districts are now in tries, countries such as China, that of Labor to go forward with this bad desperate financial straits. In the city have taken away the manufacturing idea. of Elgin, IL, a growth area in my jobs that used to be the bread and but- I totally support the Harkin amend- State, they appropriated funds 2 years ter for the communities of America. ment. We need to protect the rights of ago to build four new schools that were They are leaving in droves. Since workers in America today, rights that to be open this fall when school opened. President Bush took office we have lost have been fought for decades, over a Sadly, the Elgin School District does 120,000 manufacturing jobs in Illinois. century of effort by men and women to not have the resources to open the In the last 5 years, we have lost one out bring dignity to the workplaces under schools. They cannot afford the teach- of every five manufacturing jobs, and assault because of this proposal from ers. They cannot afford the overhead there is no end in sight. the Bush administration. costs. The four brandnew school build- I held a press bipartisan conference Let me say a word about the Byrd ings sit vacant, an indication of how today with some of my colleagues who amendment before the Senate. Senator difficult it is to fund education at the decried the current situation in China ROBERT C. BYRD of West Virginia has local level in the midst of a recession, where they are sucking away all of our offered an amendment which basically in the midst of a situation when State jobs because of currency manipulation. says to the President: Keep your word. budgets are struggling to find balance. The point is that will be addressed in Keep your word. That is a compelling argument for us another bill. When this President came to office as to keep our word, to make certain that In this bill, we have to be concerned the education president, he said: I am school districts across America have not with the exodus of American jobs going to bring Democrats and Repub- the money to help the kids improve to Third World countries but the immi- licans together. He turned to my friend their test scores, improve their edu- gration of Third World labor standards and colleague behind me, Senator KEN- cation, become better readers, under- into the United States. The Bush ad- NEDY, and said: Join me in passing the stand math and science, and improve ministration, through the Department No Child Left Behind legislation. Let’s as students. Unless and until we do of Labor, is establishing a standard do it right. Let’s do it in a bipartisan that, we have no business mandating which says that some 8 to 10 million fashion. on these school districts that they workers in America will no longer Senator KENNEDY joined him, as did have to start transporting students qualify for overtime pay. Those in- Congressman GEORGE MILLER of Cali- across school district lines and all of cluded in that group, as we have heard fornia, in a bipartisan effort, supported the other penalties associated with No from my colleagues on the floor, are by many, including myself. No Child Child Left Behind.

VerDate jul 14 2003 00:33 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.057 S09PT1 September 9, 2003 CONGRESSIONAL RECORD — SENATE S11215 Let’s pass the Byrd amendment. They go on to say, my colleague from There was going to be help and sup- Let’s keep our word to the school- Illinois, Representative Henry Hyde, in port for any young person in America. children across America, even if the the House: And any young person who was to take Bush budget does not. . . . secured approval for legislation speci- advantage of it was not going to have The last point I make is an amend- fying that $2 billion, plus an additional $1 to mortgage their future in terms of ment which I plan to offer at the first billion for the Global Fund, would be dis- borrowing from banks or from loan opportunity. Again, it relates to a bursed each year, rather than ‘‘backloading’’ agencies. That was enormously impor- promise made by President Bush. I was the money into later years. tant. at the State of the Union Message, as Make no mistake, the AIDS epidemic As a result of that, we have seen the most Members of the Senate attended, is upon us. Every year we delay, every opportunity for higher education avail- just a few months back. I listened care- dollar we delay will increase the num- able to millions of Americans. It was fully as the President made a pledge on ber of deaths and hardships and or- not really much of a surprise because behalf of the people of the United phans created by this terrible disease. we had seen the GI bill and then the States. It was historic in terms of its We have an opportunity to do some- cold war GI bill that was made avail- commitment. The President said: We thing significant in terms of the global able to veterans who took advantage of in the United States would lead the AIDS epidemic, in terms of our Na- it. world in battling the global AIDS epi- tion’s commitment, in terms of what The GI bill, after World War II, demic. President Bush said to standing, President Bush has said he would do as opened up enormous opportunities for thunderous ovation from both sides of our leader in this country. But we need new generations. Any careful review the aisle that he was pledging $15 bil- to follow through. Let’s not look for and study of that GI bill would find lion a year over the next 5 years to excuses. Let’s, instead, look for the op- that paid back into the Treasury $9 for fight the scourge of HIV and AIDS portunity to lead, which is before us every $1 that was invested in students. around the world. It was the right today. It more than paid for itself just in thing to do. The President was showing I encourage my colleagues to join on terms of the bottom line economics of the leadership, which we expect of him, these three amendments by supporting it, let alone the opportunity it gave to and leadership which makes all of us TOM HARKIN to stop the overtime pay millions of young people. And then we proud as Americans. Frankly, most of change, which the Bush administration had the cold war GI bill. us believed at that point the deal was is pushing; secondly, to support Sen- So this issue has been discussed and cut, that from that point forward no ator ROBERT BYRD, who has said the debated in this country as a matter of questions would be asked. President must keep his word to fund national policy. But what we are see- Now look at the bill before us and the mandate which he has sent to pub- ing, in the very recent times, is the what do you find? Do you find that the lic schools across America; and again, sliding away from that fundamental $15 billion over 5 years results in $3 bil- in my amendment, to offer the $3 bil- commitment that says young people, if lion in spending in the next year, as lion to a world desperately in need of they are able to meet the academic one might expect? No. Scarcely $2 bil- our help to deal with the global AIDS standards, would be able to go to col- lion will be available—$2 billion to epidemic. lege. We can do this. We can keep our meet a $3 billion commitment. In fact, I can remember a Secretary word. We can show the leadership that There have been many serious cas- of Education, under a Republican ad- the President has promised. ministration, testifying before the ualties in Iraq. We have lost many Mr. President, I yield the floor. lives. Many of our service men and Education Committee and saying: That The PRESIDING OFFICER. The Sen- is not what this Republican adminis- women have been injured. But now we ator from Massachusetts. are dealing with the other Iraqi casual- tration is really all about. Any young AMENDMENT NO. 1566 ties—funding for our schools, funding person will go where they can afford to Mr. KENNEDY. Mr. President, I will for the global AIDS epidemic. go. And it should not be the Federal speak briefly about my higher edu- Government that is going to provide The President again must be held to cation amendment, which I offer with them with any of the help and the as- the standard that he set, the standard my friend and colleague, Senator COL- sistance. of American leadership around the LINS, from the State of Maine. That was an absolute retreat on what world in dealing with the global AIDS It is our hope that we might be able I thought for a time was a matter of a epidemic. I certainly hope my col- to vote on the Byrd amendment and national kind of policy and priority. leagues, many of whom voted for the the amendment of the Senator from But, nonetheless, we have had to have resolution offered by JEFF BINGAMAN, Connecticut and this amendment later that battle every several years. We the Senator from New Mexico, a few this evening. I do want to take a few have to have that battle on this Appro- weeks ago—I think there were over 80 moments, once again, to review the im- priations Committee because any care- votes in favor of it, and we said we portance of adding the $2.2 billion to ful reading of this appropriations bill should put $3 billion in the budget this make sure the Pell Grant Program will would reflect that this Republican bill year for the global AIDS epidemic. I continue to be alive and well. does effectively nothing to help fami- hope they will support my amendment Very quickly, the issue of avail- lies afford college. This has a zero in- which I hope I can offer later today or ability of college for young people on crease in individual Pell grants. It has the first thing tomorrow, because in the basis of their talent and edu- a zero increase in campus-based aid. It that amendment we will be able to cational achievement goes back to the has a zero increase in the college work keep our word. 1960 campaign. That was a prime issue study. These are programs to provide Recently, in the Chicago Tribune, in that campaign: whether we, as a job opportunities in the schools, as there was an editorial. This editorial matter of national policy, were going well as the Pell Grant Program. suggested that this is a key floor vote to say to any young person in America, If we look at the difference, the con- on whether we are going to implement that if they had the ability to get ad- trast between grants and loans, we can President Bush’s bold $15 billion 5-year mitted to any of our fine universities look back over the recent history. This plan to fight AIDS in Africa and the across this country, the size of their goes back to 1980, 1981, where you will Caribbean. The Tribune went on to say: pocketbook or wallet would not limit see that 55 percent of the education as- The vote will go a long way toward deter- them in terms of attending any of the sistance was actually in grants, and mining if the U.S. will keep its promise to great public or private universities, then about 42 or 43 percent were actu- lead the world in the fight against AIDS. that they would be able to put through ally in loans. That noble pledge seems to be wilting a package which would include grant If you look at where we are now, in under the heat of other budget pressures. programs, some loan programs, perhaps Bush has lobbied Congress for no more than 2001, 2002, you will find 58 percent are $2 billion for the first year. The Global Fund some work-study programs, perhaps a loans and 41 percent are grants. This is to Fight AIDS, Tuberculosis and Malaria summer job program, and whatever a dramatic shift. would be particularly hard-hit by the re- else they might bring to the table, but What this has meant is that great duced commitment. at least it was going to be available. numbers of young people—estimates

VerDate jul 14 2003 00:33 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.059 S09PT1 S11216 CONGRESSIONAL RECORD — SENATE September 9, 2003 are anywhere from 35 to 45 percent— lose it as a result of the increase in the amendments, starting in a few min- who are attending higher education are tuition that we have seen escalate over utes, after which the general under- working 25 hours a week or more. the past year. standing is that we would debate about If you visit any of the campuses, you I will not take the time to go over six amendments tonight. Again, these will find that the young people, at the the increases, but every Member of the are amendments which have been pre- time there is a break in the instruc- Senate understands what has happened sented. They have been talked about tion, are talking about their jobs rath- in terms of increases in their States. and discussed. They would be debated er than talking about the books or Finally, I draw the Senate’s atten- tonight with the expectation that to- their poems or the ideas which they are tion to the administration’s policy morrow morning we would vote on taking from their classes. itself, talking about Pell grants. The those amendments that require a vote What we have seen is enormous in- bill provides $12.7 billion for Pell and that we would vote on the Harkin debtedness that the young people have grants, $538 billion less than the Presi- amendment in the morning. experienced over this period of time, dent’s request for the high priority pro- All of this is with the understanding and this is for the average student who gram. We are asking for $2.2 billion in that we would complete the bill tomor- is going to any of the schools. About 68 order to provide for the Pell grant but row night and that we would stay and percent of any of the young people who also the TRIO programs, which are the complete the appropriations bill as are attending schools or colleges get indispensable link for children who long as it takes tomorrow night, under- some financial aid. come from disadvantaged educational standing that it is going to be chal- Four years ago, when they were grad- circumstances but are gifted and tal- lenging, that we are going to have to uating from any of the public and pri- ented, so they are able to gain entrance stay right on the bill and the amend- vate institutions across the country, into the schools, as well as the GEAR ments under discussion and stay fo- the average was $27,000, $28,000 a year UP Program which has been such a cused in order to complete that bill to- in terms of debt. Now that has doubled success. morrow night. effectively because of the increase in We believe this is one of the most im- If that could be done—and it will be the amounts the young people have to portant amendments. If you care about done, based on the agreement—then it borrow. That has increased dramati- education, you will stand with BOB would be possible for us not to have cally with a number of the young peo- BYRD, with his increase in No Child rollcall votes on Thursday or Friday. ple who are going to graduate schools. Left Behind. If you care about pro- We have September 11 on Thursday. We And it is not infrequent that those who viding opportunities for the sons and will have services here at the Capitol, are graduating from the graduate daughters of low- and middle-income and most of us will be participating in schools end up with debts of $100,000 or families who have ability, who have services either in our districts or here. $120,000. creativity, who have demonstrated So it is a challenging day. But I also This chart shows the shrinking buy- their willingness for hard work, you think it is important for us to continue ing power of the Pell grant. Going back will vote for this amendment. This the normal business of the Senate on to the late 1970s, if you got a Pell amendment makes sense. It is an ex- September 11 around those services. We grant, it was about 84 percent of the pression of a nation’s priorities. I hope would have a legislative day on Friday. cost of your education, if you went to we will have a strong vote. In fact, we would be able to move to a public 4-year institution. If you went I yield the floor. other business on Thursday and on Fri- to a private institution, it was still The PRESIDING OFFICER. The ma- day. But when we finish the bill tomor- about 40 percent. Now we find it is 39 jority leader. row night, it would be with the under- percent instead of 84 percent, if you are Mr. FRIST. Mr. President, we will standing that we would address the going to a public 4-year institution. If engage in a colloquy now to explain a amendments that I mentioned tonight, you are going to a private 4-year insti- little bit about what has been going on the specifics of which we will talk tution, it is down to 15 percent. today and yesterday and outline what about shortly, and that we would finish One of the most dramatic factors is the plans will be for tonight and to- the bill tomorrow night; that we would the median income for the Pell grant morrow. It will be myself and Senator not leave until we finish the bill. recipients. It has gone from a little DASCHLE and the managers of the bill, The PRESIDING OFFICER. The mi- over $11,000 for family income in 1989 to to clarify our general understanding. nority leader. 1990, to the year 2000 where it is now First of all, last week tremendous Mr. DASCHLE. Mr. President, I con- $15,000. This is the average income, progress was made on the bill. The cur with what the majority leader has 15,200 for 4.8 million young people who managers have done a superb job in just described as the current under- get the Pell grant who go to college taking what we all know is a large, standing. It is not our intention to ask today. But these are individuals who very important bill, a complicated bill, for unanimous consent. That is not have the academic know-how and who and systematically addressing the necessary. We have a number of amend- have worked hard, come from humble amendments that Senators have ments under regular order that can backgrounds, and have been able to brought to the floor. A particular now be called up. It is our hope that we excel academically and gain entrance amendment, the Harkin amendment, could get at least through four of into some of our finest schools and col- has been the amendment talked about them, perhaps more. It is also our ex- leges in the country. They are dem- today and over the last 3 days. And it pectation that we will have additional onstrating an extraordinary persever- is an amendment that people feel very amendments offered tonight with an ance. strongly about on both sides of the understanding that those votes will What we are saying with this amend- aisle. occur in a stacked sequence tomorrow ment is that we are going to make sure In addition, both sides have looked at morning, following the vote on the the Pell grant is going to continue its a whole range of amendments. And the overtime amendment. value in terms of young people who are managers have been made aware of I believe it is possible for us to finish qualified for it. Under this particular those amendments. our work tomorrow if we put in a full amendment, it will add $450 to the As is always the case, the list is very day. We have lost a lot of time, unfor- value of the Pell grant, which will long. But after discussion with the tunately. But I think we can make up mean 200,000 more children will be able managers, it is clear that we have a for that lost time tomorrow, with the to take advantage of the Pell grant in manageable number of amendments understanding that Senators have to this $15,000 range. These are young peo- that can be addressed if we started travel to their States, in many cases. ple of talent, commitment, and convic- right now, tonight, in which case we We know of at least eight Senators, tion, who are hard working. This gives would have to go very late tonight, to- those most affected by 9/11, who will them the opportunity. That is what morrow, and tomorrow night and com- want to be in their States on Thursday. this is about. If this amendment is not plete action on the bill. I think it is important that we ac- successful, there will be over 100,000 What it would mean is going back, in commodate their understandable need Pell grant recipients, it is estimated, essence, to regular order in the sense of to be in the States they represent. To receiving the Pell grant today who will going back and voting shortly on four do that, we really, out of necessity,

VerDate jul 14 2003 01:31 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.062 S09PT1 September 9, 2003 CONGRESSIONAL RECORD — SENATE S11217 will have to try to finish tomorrow Mr. REID. To give people a little bit Mr. DORGAN. Mr. President, may I night. I think we can do that. of notice, Senator DURBIN is going to ask the majority and minority leaders, The managers on both sides have be one of the four votes tonight. He is who are in the Chamber, a question done a very good job of working going to take 10, 15 minutes to offer his about another scheduling item? I un- through the list of amendments we amendment, which is one of the four derstand there is no unanimous con- have, and we are prepared to vote on a amendments tonight. As soon as he sent request pending with respect to substantial number of amendments al- does that, maybe we can start voting. this bill, and I understand the desire to ready. If we do that tomorrow, with the He needs 15 minutes and the Senator finish this appropriations bill. I am a assurances given by the majority lead- from Pennsylvania needs time to speak member of the committee and know we er—and there is also one other assur- in opposition to the amendment. have a lot to do, so I am fully sup- ance. It is my understanding from pre- Mr. SPECTER. Mr. President, that portive of moving ahead and finishing vious conversations that we would be arrangement is satisfactory. I want to this bill. going to another appropriations bill as be sure we do not go to the vote on As the leaders know, there is a privi- the next order of business whenever we Senator BYRD’s amendment before we leged resolution on the calendar deal- complete this one. I know there is the give Senator DURBIN a chance to offer ing with the Federal Communications outstanding question of when the so- his amendment with a brief reply, if Commission rules and the resolution of called legislative veto of the FCC rule necessary, on this side. disapproval. I filed that with a dis- will occur, but except for that, it is the I reiterate, perhaps supplement, what charge petition with 35 signatures. It is understanding, I think, on both sides, has been said that we are going to be bipartisan. We will need time to have a that we will stay on appropriations looking for at least six more amend- Senate vote on that. This is attendant bills for the foreseeable future. ments to debate tonight. We will be to a 10-hour period for debate and then Mr. President, it would be my hope discussing with the Members during a vote on the resolution of disapproval that we could begin voting soon to ac- the votes their intentions, with an ef- on the rules that the FCC has now de- commodate that schedule. I would like fort on all sides to pare down the list veloped dealing with broadcast owner- to work with the majority leader to to the maximum extent possible. ship. complete our work on time tomorrow I yield the floor. These are very controversial. This is night. Mr. HARKIN. Will the leader yield? a very important issue. I have spoken I yield the floor. Mr. FRIST. I am happy to yield to with both the majority and minority Mr. REID. Mr. President, while the the Senator from Iowa. leaders previously about this. I ask the two leaders are on the floor, I have spo- Mr. HARKIN. I thank the leader for majority and minority leaders if we ken with Senator BYRD. His amend- yielding. I wish to express my thanks can expect at some point in the next ment has been pending for a long time. to the majority leader, the Democratic day or so to set a time so the Senate He indicated he is ready for a vote now. leader, Senator REID, Senator MCCON- will know when we will vote on the res- I wonder when the two leaders wish to NELL, and, of course, my appropriations olution of disapproval. begin that first vote. It is on amend- leader, Senator SPECTER, for helping to The PRESIDING OFFICER. The ma- ment No. 1543, Senator BYRD’s amend- work this out. In good faith, we are jority leader. ment. Can we do that? going to move ahead on this bill. Mr. FRIST. Mr. President, this is, in Mr. DASCHLE. Mr. President, if I un- I concur with everything our major- part, related to the Democratic lead- derstand the regular order, that would ity leader has said. I believe we can er’s request about order of business. be the first amendment. With his co- move ahead. I believe we can get these The Dorgan issue will be brought up at operation, I see no reason why, at least votes in tonight. We can have debate a mutually agreed time, and I think we on our side, we couldn’t begin the vote on a number of amendments, and we will have an opportunity to do that almost immediately. can stack them for votes in the morn- this week. Depending on how things go Mr. FRIST. Mr. President, before we ing. I see no reason why we cannot fin- tonight and tomorrow night, that call for the regular order, again, a lot ish this bill tomorrow night. I will means we have Thursday and Friday of what we are going over today, to- make every effort to make sure that is which, when we complete the bill to- night, and tomorrow is on good faith accomplished. morrow night, the agreement is we will that we are going to finish this bill to- Again, I want to make it clear, that not be voting Thursday or Friday. I morrow night and do everything within after Senator DURBIN offers his amend- think what we might well consider is our power. ment and makes his speech, we could doing the Dorgan bill Thursday or Fri- A lot of people say: Why don’t you then move to four amendments we can day. Again, I am a little hesitant be- put it in writing; get a unanimous con- vote on quite rapidly. That will be Sen- cause Thursday there is so much going sent agreement. We are not doing that ator BYRD’s amendment on title I, Sen- on in terms of ceremonies, although I because of this determination and ator KENNEDY’s amendment on Pell know we will be in session Thursday good-faith effort as we go forward. grants, Senator DODD’s amendment on afternoon—we will be in session all Before going to the regular order, I Head Start, and Senator DURBIN’s day—but Thursday afternoon there is a ask the managers to make a statement amendment on global AIDS. block of time, or Thursday night or that they understand what the two For those Senators who may be Friday. I would like to move to an- leaders have said in terms of comple- watching in their offices right now and other appropriations bill on either tion of the bill; that we will start vot- their staffs, we are going to move Thursday or Friday. I think we can ing here shortly, offering other amend- ahead very aggressively on this bill. We work that out. We would probably vote ments tonight, stacking votes in the have a number of amendments people Monday night, if that is a reasonable morning, having a full and productive have contacted me about, stating they time. We will have other votes Monday day, and staying here as long tomorrow want to offer them and on which they night because if we go to an appropria- afternoon or tomorrow night as it want a vote. If Senators want to offer tions bill, likely we will have several takes to complete the bill. an amendment and get a vote on it, be votes Monday evening. The PRESIDING OFFICER (Mr. here this evening and offer that amend- Mr. DORGAN. Mr. President, it is my CHAMBLISS). The Senator from Penn- ment and debate it. We will stack it in intention to be cooperative, and I want sylvania. the morning because after tomorrow to finish the appropriations bill as Mr. SPECTER. Mr. President, I morning, things are going to move well. I think we can work in a way that thank the majority leader and the pretty rapidly. We know how things go. gives the Senate an opportunity to Democratic leader for their state- I am saying: A word to the wise. If know when the vote will occur. We can ments. I am prepared to move ahead any Senator has an amendment and find a way to do the debate and give us with the vote on the Byrd amendment. wants to offer it and wants an up-or- an opportunity to weigh in on this We have Senator DURBIN waiting to down vote, I respectfully suggest and issue. offer an amendment. hope they will come over this evening Incidentally, it is the Dorgan-Lott Mr. REID. Will the Senator yield? and offer that amendment so we can proposal. It is bipartisan, with many Mr. SPECTER. I do. vote on it in the morning. Members of the Senate from both sides

VerDate jul 14 2003 01:31 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.065 S09PT1 S11218 CONGRESSIONAL RECORD — SENATE September 9, 2003 of the political aisle. What I hear cor- will soon come, you would never ever that chance. They will be able to dem- rectly is we probably could get some forget it. onstrate to the world that what they final arrangements for a vote next The statistics, as I said, may be voted for in the Bingaman amendment Monday evening. That makes great something that numbs our mind but, was more than just posing for holy pic- sense to me. Then we can have the de- frankly, for those who seen it first- tures, that they were in fact prepared bate between now and that period. I am hand, as I have, they will never forget to cast the vote even if it broke the only interested in nailing this down so it. As parents are dying, 14 million budget resolution because the AIDS Senators understand exactly what will AIDS orphans have been left without epidemic was that powerful and that happen. the care and support they need. Unless overwhelming. I thank the majority leader for his we act soon, there will be 25 million With those 78 votes, this Durbin response. AIDS orphans. Each year, the world amendment should pass easily. Maybe I Mr. FRIST. Mr. President, I believe loses a population greater than the do not even need to complete my we are ready to proceed. Thus, I ask city of Chicago because of AIDS. speech, but on the off chance that some unanimous consent that the vote in re- We know how to stop the deaths. In of my colleagues might be thinking of lation to the Byrd amendment No. 1543 his State of the Union Address, Presi- changing their minds—having voted for occur at 5:50 this evening, with 15 min- dent Bush made a 5-year pledge of $15 the Bingaman resolution and now utes for Senator DURBIN and 5 minutes billion to help millions of AIDS suf- given a chance to actually vote for the for Senator SPECTER, and that there be ferers in Africa and around the world money, decide they want to vote the no amendment in order to the amend- in fighting the AIDS epidemic. Listen other way—let me tell them why they ment prior to the vote. to what he said: should not. Remember what the Presi- The PRESIDING OFFICER. Without We can turn our eyes away in resignation dent himself said: objection, it is so ordered. and despair, or we can take decisive, historic We care more about results than words. The PRESIDING OFFICER. The Sen- action to turn the tide against this disease We’re interested in lives saved. ator from Illinois. and give hope of life to millions who need Now is our opportunity to go beyond our help. AMENDMENT NO. 1591 TO AMENDMENT NO. 1542 words and fulfill the pledge the Presi- Mr. DURBIN. At the conclusion of Unfortunately, the President’s solid dent made in his State of the Union my remarks, I will offer an amendment and courageous rhetoric was not Address and the pledge we made in the which I understand will be fourth in backed up by his own budget request. Senate this last July. Keeping our order for voting tonight. His budget this year falls nearly $1 bil- promise and fighting against AIDS is I rise today to offer an amendment to lion short of the $3 billion for the com- in America’s interest. AIDS is not just fulfill our pledge to the millions of peo- ing year that is needed to meet the 5- a humanitarian crisis, it is a security ple around the world, in Africa in par- year $15 billion pledge. crisis. Living up to President Bush’s ticular, who suffer from HIV/AIDS. Sadly, the President’s shortchanging promise on AIDS is important for AIDS is fast becoming the worst on AIDS will cost lives. The additional showing the world we will keep our plague the world has ever endured. Al- $1 billion we seek to restore today will commitments. ready, 25 million people have been put 1 million people on treatment and As the CIA Director recently said killed by the disease. These charts prevent 2.5 million new infections. when asked is AIDS a security issue, have been provided to us by the United In July of this year, Senator JEFF Director Tenet said: You bet it is. With Nations World Health Organization. If BINGAMAN of New Mexico, a real leader more than 40 million people infected we will look at these startling num- on this issue, asked us to enact a sense- right now, a figure that by 2010 may bers, they indicate the number of of-the-Senate resolution to tell the reach 100 million, AIDS is building dan- adults and children newly infected with world, listening carefully to what we gerous momentum in regions beyond HIV during the year 2002: 3.5 million in have to say on this issue, what we be- Africa. As this disease spreads, it sub-Saharan Africa; 700,000 in South lieve. Senator BINGAMAN offered a very unravels social structures, decimates and Southeast Asia; 270,000 in East courageous resolution, as follows: populations, and destabilizes nations Asia; 150,000 in Latin America; 250,000 It is the sense of Congress that Congress, around the world. The National Intelligence Council in Eastern Europe and Central Asia. when considering appropriations Acts for fis- cal year 2004, should fully appropriate all the found that in five of the world’s most The numbers of newly infected people amounts authorized for appropriation in the populous nations, the number of HIV- last year are truly startling. Act, even to the extent that appropriating infected people will grow to an esti- Take a look at those who are living such amounts will require Congress to appro- mated 50 million to 75 million by the with HIV/AIDS at the end of the year priate amounts over and above the funding year 2010. 2002: 29.4 million in sub-Saharan Africa; levels in the Concurrent Resolution on the AIDS is particularly devastating to Budget. . . . 1.2 million in East Asia; 6 million in national armies around the world that South and Southeast Asia; 1.2 million Senator BINGAMAN said we should put ensure the stability of their nations. In in Eastern Europe and Central Asia; al- $3 billion into this fight on AIDS as we South Africa, according to the Rand most a million in North America. The promised, and he said we should do it Institute, some military units have in- numbers are startling. even if it violates the budget resolu- fection rates as high as 90 percent. Then, of course, the mortality tables tion. Keeping our promise on AIDS to the really tell an equally sad story. The es- What happened to Senator BINGA- world is not only the compassionate timated adult and child deaths from MAN’s resolution? It passed with 78 thing to do, it is the smart thing to do HIV/AIDS during the year 2002: 2.4 mil- Members voting in favor of the resolu- in terms of national security as well. lion in Africa. I know what happens tion. Today, we have a chance to change when these numbers are read. Eyes The Members who stood up and said the course of the AIDS pandemic by glaze over, minds turn numb, and one they are prepared to vote for $3 billion providing $3 billion, as promised, in the thinks, I cannot calculate all of these to fight the global AIDS epidemic in- next fiscal year. The amendment I am numbers. clude the chairman of the sub- putting forward would close the gap be- If you had been there, as I and so committee on appropriations which tween the rhetoric of our promise in many of my colleagues have been, to brings this bill to the floor, Senator the State of the Union Address and our meet with the families who are in- SPECTER of Pennsylvania; the Repub- 78 votes on the Senate floor and the fected, who understand that they have lican majority leader, Senator FRIST, real needs of AIDS sufferers by fully a death sentence from HIV/AIDS, fami- his assistant leader, Senator MCCON- funding the $3 billion. The amendment lies who show extraordinary courage NELL of Kentucky; as well as the Pre- provides $939.7 million to close the gap every single day getting up and doing siding Officer from Georgia. All of and fully fund this $3 billion pledge. their work, realizing they will never be these Senators and many more voted in The stakes could not be higher. Let able to afford the medicine necessary favor of this resolution, saying they me quote Majority Leader FRIST who to prolong their life, families trying to were prepared to stand up and vote for said recently: keep it together with their children for $3 billion to fight for AIDS. In just a History will judge whether a world led by that last moment, realizing their time few minutes, they are going to have America stood by and let transpire one of

VerDate jul 14 2003 01:31 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.067 S09PT1 September 9, 2003 CONGRESSIONAL RECORD — SENATE S11219 the greatest destructions of human life in re- prepared to take an extraordinary step culosis, and Malaria Act of 2003 (Public Law corded history or performed one of its most on the floor of the Senate for an ex- 108-25): Provided further, That if the President heroic rescues. traordinary challenge which faces the certifies to the Committee on Appropria- Senator FRIST is right. In just a few world. tions of the Senate and the Committee on moments, with the Durbin amendment, Appropriations of the House of Representa- Have they forgotten? Will the rollcall tives that the funds provided under this sec- on a bipartisan basis, we can say to the reflect political amnesia on the part of tion can not be effectively used to imple- world we will not stand idly by and my colleagues or will they stand strong ment HIV/AIDS prevention or treatment pro- make budgetary excuses about an epi- and stand tall for the position that grams or programs that improve health care demic that threatens our world; we will they took not that long ago when we infrastructure to more effectively deal with come to the rescue as we promised. voted on this Bingaman amendment the HIV/AIDS pandemic, then the funds pro- Instead of fulfilling this pledge, un- just a few weeks back? vided by this section shall be returned to the fortunately, the White House is claim- Treasury: Provided further, That the amount I hope they will join me and commit $6,895,199,000 in section 305(a)(1) of this Act ing that the full amount cannot be to fully funding the $3 billion to fight shall be deemed to be $7,834,899,000: Provided spent in the next year. All the leading AIDS. We have a unique chance to further, That the amount $6,783,301,000 in sec- development organizations and medical change the future and save lives. It is tion 305(a)(2) of this Act shall be deemed to authorities have rejected this White in our hands. be $5,843,601,000: Provided further, That of the House claim. This week in Roll Call, a Today, a 15-year-old boy in Botswana funds appropriated in this Act for the Na- newspaper on Capitol Hill, all—and I faces an 80-percent chance of dying of tional Institutes of Health, $330,000,000 shall underline ‘‘all’’—of the leading relief not be available for obligation until Sep- AIDS. I have been to Botswana. This tember 30, 2004. and development organizations in the wonderful country unfortunately has a Mr. DASCHLE. Mr. President, I rise United States placed an ad endorsing clouded future because of the specter of in strong support of the Durbin amend- the fact that the full $3 billion could be AIDS which hangs over it today. If we ment regarding the global AIDS fight. well spent. Don’t fall for the argument: act now, we can change the future for I commend Senator DURBIN for his That $3 billion, they won’t know what these children before it is too late. I to do with it. brave leadership on this issue. beg my colleagues in the Senate, please Less than 4 months ago, the Presi- The fact is, there are ample opportu- look beyond the sterility of this budget nities to stop the spread of AIDS right dent signed into law a bill authorizing resolution. Look in your heart and re- his administration to spend $3 billion now. There are not enough funds avail- alize, as Senator FRIST has said, we able, and $2 billion does not meet the for the next 5 years on a comprehensive cannot stand idly by. We cannot make program to combat AIDS. Congress global need. By putting in the full $3 procedural arguments. We cannot find passed this legislation in response to billion we promised, we will save lives. any comfort or refuge in some proce- the President’s call for action in his By not appropriating that money, lives dural element that suggests maybe we State of the Union address. Legislators will be lost, more people affected, and can’t afford it. We know better. on both sides of the aisle commended more AIDS orphans to populate this We voted with Senator BINGAMAN. I the President for his leadership and vi- troubled world. hope my colleagues will join me in vot- sion in recognizing the need to launch The White House is also ignoring the ing for this amendment. a major offensive against the spread of capacity of the Global Fund to fight I ask unanimous consent Senator a disease that has already killed 25 mil- AIDS, TB, and malaria, the most effec- MURRAY be added as a cosponsor to this lion people worldwide, and infected 42 tive tool we have to beat AIDS. The amendment. million more. Global Fund that is chaired by the Sec- The PRESIDING OFFICER. Without Unfortunately, President Bush’s call retary of Health and Human Services, a objection, it is so ordered. to action proved to be nothing more member of President Bush’s Cabinet, Mr. DURBIN. I don’t know if it is ap- than empty rhetoric. Despite Secretary Tommy Thompson, is scal- propriate now to ask that the amend- Congress’s commitment to combating ing up successful programs on the ment be read by the clerk? AIDS, President Bush’s own budget re- ground in Africa and is working to stop The PRESIDING OFFICER. The quest has fallen fall short of his prom- the wave of the pandemic in India. It clerk will report the amendment. ises, seeking under $2 billion, more needs hundreds of millions of dollars The legislative clerk read as follows: than $1 billion less than what he is au- this fall to fund the grant applications The Senator from Illinois [Mr. DURBIN], for thorized to spend. which they know will work to slow himself, Mr. DASCHLE, Mr. LEAHY, Mr. BINGA- President Bush argues that the full down the spread of AIDS. MAN, and Mrs. MURRAY, proposes an amend- $3 billion amount cannot be invested The White House should not forget ment numbered 1591. effectively in the fight against HIV/ the extraordinary needs of AIDS or- Mr. DURBIN. I ask unanimous con- AIDS, citing the lack of administrative phans. According to a soon-to-be-re- sent the reading of the amendment be infrastructure in Africa and other re- leased report by the Earth Institute at dispensed with. gions plagued by the disease. He says Columbia University, orphans and vul- The PRESIDING OFFICER. Without that he does not believe Africa and nerable children need $15 billion each objection, it is so ordered. Asia can absorb so much in the way of year for basic health, education, and The amendment is as follows: resources for the fight against AIDS. community services. The Global HIV (Purpose: To provide funding for the preven- I wholeheartedly disagree. I traveled Prevention Group found that AIDS pre- tion, treatment, and control of, and re- to Africa last summer and visited with vention spending falls $3.8 billion short search on global HIV/AIDS) health care workers and their patients of what is needed by 2005. Although we At the appropriate place, insert the fol- at Africa clinics in South Africa, Bot- can spare the lives of babies with AIDS lowing: swana, Nigeria, and Kenya. I saw the for the price of a Sunday newspaper in SEC. ll. For necessary expenses to carry overwhelming positive impact of vol- the United States, only 5 percent of the out the provisions of the Foreign Assistance untary counseling and testing pro- women at risk have access to medica- Act of 1961 and the United States Leadership grams on women in Soweto and Nairobi Against HIV/AIDS, Tuberculosis, and Ma- tion to prevent mother-to-child trans- laria Act of 2003 for the prevention, treat- and Kasane. Those who test positive mission. ment, and control of, and research on HIV/ are taught to prevent the virus’s I say to my 78 colleagues who voted AIDS, in addition to funds appropriated in spread, and those who test negative are for the Bingaman amendment just a this Act and under the heading ‘‘Global taught to stay virus-free. I saw how few weeks ago, understanding that to AIDS Initiative’’ in the Foreign Operations, Nevirapine can save a child’s life when meet the $3 billion funding request Export Financing, and Related Programs Ap- it prevents mother-to-child trans- might cause us to go beyond the al- propriations Act, 2004, $939,700,000, to remain mission of the virus. I saw what we in lowed amounts in the budget resolu- available until expended: Provided, That the United States now consider a tion, you, including my friend from funds appropriated under this section that are made available for the Global Fund to standard course of anti-retroviral Pennsylvania, who is the chairman of Fight AIDS, Tuberculosis, and Malaria shall drugs rescue an AIDS-ridden man from this subcommittee, voted in the affirm- be made available in accordance with sec- the virtual throes of death. ative and said you understood the seri- tions 202(d)(1) and 202(d)(4) of the United My trip to Africa showed me clearly ousness of this challenge. You were States Leadership Against HIV/AIDS, Tuber- that what Africa needs to fight AIDS is

VerDate jul 14 2003 02:07 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.070 S09PT1 S11220 CONGRESSIONAL RECORD — SENATE September 9, 2003 not fewer resources, but more. I believe this matter based on principle rather vention programs work, and that it de- that the $3 billion Congress has author- than politics. This amendment does pends on the culture and practices in ized not only can be spent, but is des- nothing more than fulfill President each country. We know that only a perately needed. Bush’s promises to the international tiny fraction of people infected are re- First, the Global Fund to fight AIDS, community that he made this year in ceiving treatment, and that care often TB and malaria assures us it can put his State of the Union Address. amounts to nothing more than a hos- millions of dollars of additional re- In January, President Bush called on pital bed, if that. sources to critical use immediately. Congress to increase U.S. funding for We know that in many countries, Moreover, as the President argued in global anti-AIDS work to $15 billion. In where the infection rate is increasing France earlier this spring, additional the spring, he signed a bill authorizing and where there are already millions of investments in the Fund from the $15 billion over the next 5 years. And AIDS orphans, faith-based and other United States will pressure our friends he spoke often of this comment during private voluntary organizations are in Europe and Asia to contribute their his recent trip to Africa, the continent working around the clock, with no- fair share to this fight. hardest hit by the AIDS plague. where near the staff or resources they Second, additional resources can dra- But while the President signed a bill need. matically expand the remarkable to authorize this important and crit- There are countless examples of training programs the United States ical cause, he failed to appropriate ade- grandmothers struggling to care for a runs through the CDC, NIH, and quate funding for it. While signaling dozen orphaned grandchildren, or chil- USAID, particularly in those countries his intent to help deal with the global dren as young as 9 years old caring for not included in the President’s Emer- AIDS crisis, he did not back his inten- their younger siblings. gency Plan for AIDS Relief covered, so tions with actions. We know that no country is immune, that we can jumpstart our efforts to Senator DURBIN’s amendment holds and that the number of people infected improve health infrastructure in those the administration’s feet to the fire. It is increasing exponentially, especially countries already struggling with HIV/ will fully fund the $3 billion authorized in Asia. AIDS—and those, like India, we know to combat HIV/AIDS in Fiscal Year We also know that people infected soon will be. 2004. This should be an easy vote for with HIV often succumb to tuber- Third, we ought to vastly expand my colleagues, who seemed to support culosis, which is rampant in many education programs in schools and uni- the AIDS authorization bill in May. countries, including drug resistant TB. Some of my colleagues have reg- versities throughout Africa, Asia, and And we know that malaria kills 1 mil- istered concern that we cannot fully Eastern Europe, increase the voluntary lion people each year, mostly African appropriate funding this year to the counseling and testing centers that children. Many of these deaths could be authorized level because the necessary have already helped thousands of prevented. An estimated 500 million humanitarian and non-governmental AIDS-positive men and women, and ex- people get sick from malaria each year. organizations would not know how to pand the work of those centers to pro- Again, this debate is not about any of handle so much money so soon. With vide treatment for those who need it. that. Rather, it is about whether the all due respect, this is just not accu- As the Washington Post reported re- United States should spend $2 billion in rate. cently about local women overturning The Global Fund to Fight AIDS, Tu- 2004 to combat AIDS, tuberculosis and that country’s tradition of the sexual berculosis, and Malaria, which was es- malaria, or $3 billion. healer, women armed with information tablished with support by this adminis- Earlier this year, at the U.S. Coast and options will halt the transmissions tration, is inundated with applications Guard Academy, the President spent a of this deadly disease. for international AIDS/HIV treatment, good deal of time talking about the It’s easy to become overwhelmed by vaccination, and public education global AIDS crisis. I commend him for the sheer magnitude of the problem. projects that cannot even be read be- that, and for going to Africa, where he Misinformation and misguided tradi- cause of the scarcity of funds. highlighted the suffering caused by tions exacerbate this crisis and abso- AIDS killed 2.5 million Africans in AIDS there. lutely must be addressed. But there are 2002. Current infection rates in Africa, President Bush has shown real lead- thousand of public health experts and Asia, Central Europe and elsewhere are ership on AIDS, although Senator DUR- community leaders across Africa and staggering. I urge my colleagues to rec- BIN and I and others have been pushing Asia who understand the problem and ognize the awesome responsibility they for stronger action on AIDS for years. are ready to take these concrete steps hold to save lives and to support this A short time after the President’s to save millions of lives—if they only amendment. Coast Guard Academy speech, we had the resources. We cannot hide from Mr. LEAHY. Mr. President, I strong- passed the United States Leadership the fact—nor should we want to—that ly support this amendment, of which I Against AIDS, TB and Malaria Act, if we make an investment now, we have am a cosponsor, and I commend my which authorized $15 billion over 5 the opportunity to avoid a tragedy of friend from Illinois who has been so years. That was consistent with what far greater proportions. For example, passionate, and so relentless, in seek- the President proposed in his State of since the President’s historic an- ing additional funding to combat AIDS. the Union address back in January. It nouncement in January, new studies Senator DURBIN has been carrying on was an important step. It showed that have found what we feared may be the this fight for several years. He has of- we are beginning to take AIDS seri- case—the epidemic is moving with a fered amendment after amendment. He ously. vengeance into huge population centers has urged the White House to declare But that was an authorization bill. It like India, where U.S. HIV/AIDS assist- AIDS an emergency, which we all know did not appropriate any money. For all ance remains inadequate—and we re- that it is. And time and again he has intents and purposes, it was like writ- main unprepared. been opposed, by the White House and ing a check without enough money in Senator DURBIN’s amendment will re- some in the Congress. I hope that does the bank. store AIDS funding to the full level au- not happen again today. The President’s budget for 2004 con- thorized in this chamber earlier this This debate is not about whether tains only $2 billion of the $3 billion we year. It says, very simply, that we will AIDS is a catastrophe of historic pro- authorized for AIDS. fulfill our promise. I commend the Sen- portions. It is not about whether it is The United States Leadership ator for his commitment to seeing the the worse public health crisis in his- Against AIDS, TB and Malaria Act also U.S. lead the world in this essential tory. There is no dispute that 15,000 called for up to $1 billion for the Global fight, and I encourage my colleagues to people are becoming infected with this Fund to fight AIDS and TB and Ma- cast their votes for saving lives. deadly disease each day, that over 42 laria. Again, a promise. For 2004, the Mr. LAUTENBERG. Mr. President, I million people are already infected, President only budgeted $200 million rise to offer my overwhelming support and that over 25 million people have al- for the Global Fund, which is one-fifth for Senator DURBIN’s amendment on ready died. of the amount authorized. It is also a AIDS funding, of which I am a co-spon- Nor is this debate about what needs cut of $150 million from what was ap- sor. I urge my colleagues to vote on to be done. We know what types of pre- propriated last year.

VerDate jul 14 2003 01:31 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A09SE6.012 S09PT1 September 9, 2003 CONGRESSIONAL RECORD — SENATE S11221 There is another problem. While the and the former Soviet Union. I have The PRESIDING OFFICER. The Sen- President’s 2004 budget for Foreign Op- seen how AIDS is ravaging those coun- ator has 2 minutes remaining. The Sen- erations includes approximately $1.3 tries. ator from Florida. billion to combat AIDS, TB and ma- In all my travels, and in all my con- Mr. NELSON of Florida. Mr. Presi- laria, it robs Peter to pay Paul to pay versations with the leaders of those dent, I support the Senator and his for increases in these programs. The countries and with public health ex- amendment. There are certain things President’s budget would cut other es- perts—from the Gates Foundation, to in life, if we apply our efforts, our re- sential global health programs. USAID, to the World Health Organiza- search, our development, our tech- Child survival and maternal health tion, to the directors of America’s pub- nology, we can ultimately lick. One of programs would be cut by 12 percent. lic health institutions, to the private them that, of course, we are working These are the programs that provide voluntary and faith based organiza- real hard on is cancer. One of them, an- lifesaving child immunizations. They tions doing the work in those coun- other big killer, is heart disease. And help to prevent the 600,000 pregnancy- tries, I have never met anyone, no one, clearly the plague of AIDS is one of related deaths each year that could be who believes that the additional funds them. avoided. The President’s budget cuts provided by this amendment could not I support the Senator and thank him these programs by 12 percent. be well spent. for bringing this amendment to the It would cut programs to combat No one who works in the field or floor. other infectious diseases like measles, AIDS prevention and treatment, or TB At the appropriate time I would like SARS, or ebola, by 32 percent. Measles or malaria, who I have spoken to, be- to address another amendment with kills 1 million children not 100,000 or lieves that we do not need these addi- the manager. 200,000 but 1 million children a year. tional funds. We need them now, not a I yield the floor. Again, this disease is easily prevent- year from now. Mr. DURBIN. Mr. President, in the able. The White House argues that $3 bil- remaining few seconds I have under the These are not my numbers; these are lion could not be spent effectively in unanimous consent agreement, I urge the administration’s numbers. These combating AIDS in the 14 countries my colleagues on both sides of the aisle numbers are in the President’s budget. where it plans to focus. They may be to help us. We heard from the Presi- Anyone who knows anything about right, but that is not what the United dent the other night. We need to rally public health knows that building the States Leadership Against AIDS, TB as a nation to put up our resources health infrastructure in developing and Malaria Act says. Why limit our where we made our commitment in countries is essential if you are going efforts to 14 countries, when 5 times Iraq. We made a commitment, as well, to fight AIDS. It is the same with child that many countries are being ravaged through the President and through the nutrition. It is the same with maternal by these diseases? Why ignore the Senate, to deal with the global AIDS health. You don’t fight AIDS in a vacu- other two dozen countries in Africa, or crisis. um. It isn’t an either/or proposition. Russia, or China or India where AIDS Frankly, I think it would be difficult People who are malnourished, who are is spreading out of control? It makes for us to explain how we can find $87 in poor health, who have weak immune absolutely no sense. It is a false argu- billion in Iraq and not find the $3 bil- systems, who are at risk of other infec- lion that the President promised to the tions, are far more vulnerable to AIDS. ment. Fighting AIDS is not about 14 coun- world, and we in the Senate stood be- It is common sense. tries. There are dozens of countries hind him by a vote of 78 in favor to Senator MCCONNELL and I were able to restore the funds for these other that need help, and if there are not support. This will be our chance to do global health programs. In fact we in- enough trained people or infrastruc- it. crease funding to combat other infec- ture, we should help build that capac- When we do it, we will be able to look tious diseases, and to support child and ity. We should train more people and back at this moment as not only doing maternal health. But because of that, provide the vehicles, the testing equip- the right thing, but doing something we did not have additional funds to ment, the drugs, to carry out effective very important for generations to fight AIDS. That is why we need this prevention and treatment programs. come. amendment. Ask anyone working in public health in I yield the floor. Senator DURBIN’s amendment builds those countries, and they will tell you The PRESIDING OFFICER. Who on an amendment in July by Senator what needs to be done. yields time? BINGAMAN to the State Department Au- I really cannot understand the White Mr. NELSON of Florida. Mr. Presi- thorization bill. That amendment, House’s argument. It is not based on dent, I request of the manager of the which passed 78–18, called for full fund- fact. It is not based on reality. It is not bill I be given some opportunity to ing—$3 billion—for the first year of the based on public health. speak on another amendment, but at President’s $15 billion AIDS initiative, Is it because they don’t want to his pleasure. I will speak whenever he even if it means exceeding the budget spend the money? We are paying far would prefer. ceilings. more today to fight AIDS than if we The PRESIDING OFFICER. The Sen- His amendment would provide an ad- had faced up to this disease back when ator from Pennsylvania. ditional $984 million that we already it was just beginning. We wasted two Mr. SPECTER. Mr. President, if I authorized. That is what we said we decades, and 25 million people died, in may respond to the Senator from Flor- would do when we passed the AIDS au- part because we and others failed to ida, we are now moving ahead to the 5 thorization bill, and again when we act. We will spend far more tomorrow minutes on my time, in response to the passed the Bingaman amendment. Sen- if we do not do what is needed today. Senator from Illinois. We are then ator DURBIN’s amendment would do it. That is what this amendment does. I going to proceed to four votes. But we If we are going to lead, and especially commend the Senator from Illinois. I will be here following those votes. We if we are going to ask others to do urge the White House not to oppose are looking for amendments, and we more, we are going to have to stop this amendment. I urge the majority will put the Senator from Florida first playing shell games with the foreign leader to support it. He recently trav- on the list following the votes. aid budget. We are going to have to eled to Africa and saw the same tragic Mr. NELSON of Florida. I thank the start doing what we say. consequences of AIDS that many of us Senator. We are spending over $4 billion each have seen there. We need to work to- Mr. SPECTER. Mr. President, I ask month in Iraq. This amendment would gether. Let’s not make the same mis- unanimous consent that immediately provide an additional $1 billion for the take again. following the vote in relation to the year to combat the worst health crisis The PRESIDING OFFICER. Who Byrd amendment, the Senate proceed in world history. Americans are threat- yields time? to a vote in relation to the Kennedy ened with AIDS not just in this coun- Mr. DURBIN. It is my understanding amendment, No. 1556, to be followed by try, but every time they travel abroad. I have control of the time until 15 min- a vote in relation to the Durbin amend- I have traveled to Africa, to Haiti, to utes before 6, and I yield to the Senator ment, No. 1591; further, that no amend- Vietnam and China, to Central Europe from Florida. ments be in order to the mentioned

VerDate jul 14 2003 01:31 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.079 S09PT1 S11222 CONGRESSIONAL RECORD — SENATE September 9, 2003 amendments prior to the votes. I also of these matters should be dealt with eign aid bill. Before it became gen- ask unanimous consent there be 2 min- tonight or tomorrow, we could come erally recognized that there should be utes equally divided for debate prior to right back to this. I am sure we will major U.S. appropriations for AIDS, the second and third votes in sequence. get an agreement. I suggest the ab- the President included in his State of And, finally, I ask unanimous consent sence of a quorum. the Union speech a program for $15 bil- the last two votes in this sequence be The PRESIDING OFFICER. The Sen- lion. As much as I would like to see an- limited to 10 minutes each. ator does not have the floor and cannot other $900 million-plus added, we sim- I ask unanimous consent for that. suggest the absence of a quorum. Is ply do not have it in the budget resolu- The PRESIDING OFFICER. Is there there objection? tion. We are now up to the amount of objection? Mr. REID. There is no objection at $137.6 billion in the budget resolution Mr. REID. Mr. President, reserving this point to the unanimous consent and in the allocation. the right to object, we think this is a request. We hope we can add to it. I think it is important to note that tremendous step forward. However, we The PRESIDING OFFICER. The Sen- we have in this bill in excess of $14 bil- are trying to get a fourth vote as the ator from Pennsylvania. lion. two leaders have requested. Both of Mr. SPECTER. Mr. President, I be- I ask unanimous consent that a table those amendments are those by the lieve in short order we will be able to be printed in the RECORD. Senator from Connecticut, the senior work out an additional portion of the Senator from Connecticut: one dealing unanimous consent for the vote on the There being no objection, the mate- with Head Start and one dealing with Head Start amendment. rial was ordered to be printed in the special education. The one on Head Mr. DODD. I hope so, yes. RECORD, as follows: Start he has not offered yet, but he Mr. SPECTER. We will sequence that GLOBAL HIV/AIDS FUNDING wanted to do that tonight. There was a prospectively fourth in line for another time period—we were told we could not 10-minute vote. The expectation is [Dollars in thousands] do that because there was a second-de- there will be a short time for debate, FY 2003 FY 2004 FY 2004 gree amendment. We next come to the expected to be 10 minutes equally di- final request Senate special education amendment, No. 1572. vided. CDC Global AIDS Program ...... $142,569 $143,763 $142,569 We are told the same thing. Mr. DODD. Something like that. CDC Int’l Applied Prevention ...... 11,000 11,000 11,000 We are in good faith trying to move Mother-To-Child Transmission ...... 40,000 150,000 90,000 Mr. SPECTER. We can work that Global Fund for HIV/AIDS ...... 100,000 100,000 150,000 this bill. But we can’t be expected to through in just a few moments. Bilateral TB and Malaria ...... 15,000 15,000 15,000 meet the impossible. We have waited NIH Global AIDS research ...... 252,300 274,700 274,700 Mr. REID. We can announce that Global AIDS in the workplace ...... 10,000 ...... 10,000 here a couple of days trying to move prior to the next vote beginning. this stuff forward. We come up with Mr. SPECTER. We can. Total ...... 570,869 694,463 693,269 amendments and people say we can’t The PRESIDING OFFICER. Is there let you do that one. We are doing our objection? Without objection, it is so TOTAL HIV/AIDS FUNDING IN THE FY 2004 SENATE LABOR- best to meet the suggestion of the Sen- ordered. HHS BILL ator from Tennessee, the majority Mr. SPECTER. Mr. President, in- [Dollars in thousands] leader. We asked Senator DODD, and he quiry: Do I now have 5 minutes to re- Health Resources & Services Administration ...... $6,996 has agreed to do it in 20 minutes evenly spond to the Durbin amendment? Centers for Disease Control & Prevention ...... 932,189 divided—Head Start. The PRESIDING OFFICER. The Sen- National Institutes of Health ...... 2,869,858 Substance Abuse & Mental Health Services ...... 171,774 Mr. DODD. Reserving the right to ob- ator has 1 minute 18 seconds remain- Agency for Healthcare Research & Quality ...... 1,800 ject, Mr. President, I was just informed ing. Office of the Secretary ...... 63,113 Global Fund for HIV/AIDS ...... 150,000 of a different proposal than I was oper- Mr. SPECTER. Mr. President, I agree Ryan White CARE Act Programs ...... 2,041,599 ating under when I had the discussion a great deal with what the Senator with the distinguished minority whip from Illinois has said about funding on Total Discretionary Including Ryan White ...... 6,237,329 and the ranking member of the chair of HIV/AIDS. Just a few months ago, the HIV/AIDS Services in Medicare and Medicaid ...... 7,800,000 the committee. If you will give me 2 Senator from Illinois and I offered an minutes to resolve the conflict, which amendment of $700 million on the for- Grand Total in Labor-HHS bill ...... 14,037,329 [In thousands of dollars]

FY 2003 ap- FY 2004 budg- FY 2004 Sen- Program propriation et request ate

Subcommittee—Foreign Operations: Child Survival Assistance for bilateral programs ...... 591,500 650,000 500,000 Other Economic Assistance ...... 38,500 40,000 50,000 Bilateral Malaria & AIDS ...... 105,000 105,000 105,000 State Department Global AIDS Initiative1 ...... 450,000 700,000 Global Fund Contribution ...... 250,000 100,000 [250,000] Other ...... 2,000 1,500 2,000 Total Foreign Operations ...... 987,000 1,346,500 1,357,000 Subcommittee—Labor-HHS: CDC Global AIDS program ...... 142,569 143,763 142,569 CDC Mother to Child Transmission ...... 40,000 150,000 90,000 CDC International Applied Prevention Research ...... 11,000 11,000 11,000 NIH International Research ...... 252,300 274,700 274,700 DOL AIDS in the workplace ...... 10,000 ...... 10,000 Global Fund Contribution from NIH ...... 100,000 100,000 150,000 CDC Malaria & Tuberculosis ...... 15,000 15,000 15,000 Total Labor-HHS ...... 570,869 694,463 693,269 Subcommittee—Defense: DOD HIV-AIDS education w/African Armed Forces ...... 7,000 ...... Subcommittee—Agriculture: Section 416(b) Food Aid ...... 25,000 ......

Total—All Subcommittees ...... 1,589,869 2,040,963 2,050,269 1 Includes up to $250 million for Global Fund. Total to Global Fund is $400,000,000 ($250 million from Foreign Ops & $150 million from NIH).

Mr. SPECTER. Mr. President, we HIV/AIDS PROGRAM LEVEL 2002–2004 HIV/AIDS PROGRAM LEVEL 2002–2004—Continued have an additional $4 billion from other [Dollars in millions] [Dollars in millions] Departments. I ask unanimous consent that a chart 2002 2003 2004 2002 2003 2004 be printed in the RECORD. HHS: Sub-Total, HHS ...... 12,039 13,180 14,190 There being no objection, the mate- HHS Discretionary ...... $5,789 $6,130 $6,390 All Other Government: Medicaid (Federal Share) ...... 4,200 4,700 5,200 Social Security—DI ...... 961 985 1,014 rial was ordered to be printed in the Medicare ...... 2,050 2,350 2,600 Social Security—SSI ...... 390 410 430 RECORD, as follows: Veterans Affairs Department ...... 391 396 402

VerDate jul 14 2003 01:31 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.072 S09PT1 September 9, 2003 CONGRESSIONAL RECORD — SENATE S11223 HIV/AIDS PROGRAM LEVEL 2002–2004—Continued For the reasons stated above, the Adminis- There is a lot of talk about leaving [Dollars in millions] tration strongly opposes any efforts to in- no child behind. Yet today we are still crease funding beyond the $2 billion re- fighting to make sure our children go 2002 2003 2004 quested in the President’s FY 2004 budget. I appreciate your unwavering leadership on to good schools with good teachers and Defense Department ...... 96 78 88 this issue and look forward to the continued up-to-date books and facilities. The No Agency for International Development ...... 510 740 790 Justice/Bureau of Prisons ...... 16 17 19 strong bipartisan support of the Senate in Child Left Behind Act will be a hollow State Department ...... 0 0 459 ensuring the success of this lifesaving initia- promise if we don’t match our rhetoric Labor Department ...... 11 1 1 Education Department ...... 000tive. with resources. That is why this Housing and Urban Development ...... 277 292 297 Sincerely, amendment is so important. We must Ofc. Personnel Mgmt.—FEHB ...... 297 321 343 Dr. JOSEPH F. O’NEILL, make sure no child is left out of the Sub-Total, All Other Government ...... 2,949 3,240 3,834 Director, Office of National AIDS Policy. budget. I urge my colleagues to vote Mr. SPECTER. Mr. President, I ask Total, HIV/AIDS ...... 14,988 16,420 18,024 for the Byrd amendment. unanimous consent that following the Mrs. CLINTON. Mr. President, I sup- Mr. SPECTER. Mr. President, we are last stacked vote in this sequence, Sen- port the Byrd amendment, which pro- making enormous strides with some $19 ator DODD be recognized to offer an vides $6.15 billion in additional funding billion. Much as I would like to see an- amendment relating to Head Start; for title I grants. other sum added, we simply do not there be 10 minutes equally divided for Two years ago, we promised school have the money in our resolution. debate in relation to the amendment; districts that they would have the re- I refer to a letter from Dr. Joseph further, that following the debate, the sources they needed to meet new stand- O’Neil, Director of the Office of Na- Senate then proceed to a vote in rela- ards mandated by the Federal No Child tional AIDS Policy, to Senator FRIST tion to the Dodd amendment, with no Lift Behind Act. dated July 17 specifying—and I will not amendment in order to the amendment As it stands, this bill fails to ade- take the time to read it now—that the prior to that vote. quately, fund title I—the cornerstone $2 billion on this particular program is The PRESIDING OFFICER. Is there of No Child Left Behind, NCLB. In fact, all that can be usefully expended. objection? it provides $6.15 billion below the I ask unanimous consent that this Without objection, it is so ordered. amount promised to school districts for letter be printed in the RECORD. AMENDMENT NO. 1543 fiscal year 04. There being no objection, the mate- Ms. MIKULSKI. Mr. President, I rise This funding level in this bill is even rial was ordered to be printed in the in support of the Byrd amendment to $334 million below the increase that RECORD, as follows: fully fund title I. America’s strength is was slated for title I in the budget res- THE WHITE HOUSE, our opportunity ladder. One of the olution for fiscal year 04. Washington, July 17, 2003. strongest rungs on the ladder is our Children are failing in many of our Hon. BILL FRIST, public schools. Education is what gives schools in all of our states. These chil- Majority Leader, U.S. Senate, parents hope for their children. That is dren need extended learning time. They Washington, DC. why it is so important to continue our need instruction from high-quality DEAR LEADER FRIST: It is my under- standing that an amendment regarding fund- commitment to improving public teachers and they need to learn in ing for HIV/AIDS, tuberculosis and malaria schools. smaller classrooms. may be offered today to the Department of When Congress passed the No Child The Byrd amendment gives schools Defense FY2004 appropriations bill currently Left Behind Act, we placed the burden the resources they need so that they under consideration on the Senate floor. on schools to improve. It is a worthy can create the best possible condition I want to reiterate the Administration’s goal—but it will be a difficult task. We in which all teachers can teach and all strong support for the FY2004 budget request knew this when we passed No Child children can learn. of $2 billion for all international HIV/AIDS, Left Behind, and so we promised to Today, 23.3 percent of all children in tuberculosis and malaria activities, includ- ing $200 million for the Global Fund to Fight give schools adequate resources. Yet New York are living in poverty, more HIV/AIDS, TB, and Malaria. This request is a only 1 year later, the Senate Labor, than all but six other States. solid first step in fulfilling the President’s Health and Human Services, and Edu- The proposed appropriation in this commitment of providing $15 billion over the cation bill falls far short of our com- bill fails to meet the need for more re- next five years to address the HIV/AIDS pan- mitment to providing the resources sources for these children. As a result, demic in Africa, the Caribbean and around needed to make the reforms work. I 458,745 eligible New York children the world. have heard from teachers and parents would not be fully served and will con- I recently finished traveling to Africa with from all over Maryland. They all tell sequently be left behind. the President where he saw first-hand the positive impact that current U.S. funding is me that they are worried about wheth- Funding title I at its NCLB-author- having in caring for the sick, providing er their school will make the grade. ized level of $18.5 billion would provide treatment for individuals living with HIV/ They are worried about how they’re New York with $682,595,000 more than AIDS and extending lives. He also witnessed going to meet all the requirements in the current proposal. the vast infrastructure and capacity chal- No Child Left Behind—especially in Title I grants help school districts in lenges that need to be addressed in order to this time of budget cuts and budget all State pay for tutoring instruction, scale-up many of these efforts. crunches. specialized services, class size reduc- It is by careful design that the President’s tion and other critical support services FY2004 budget request is for $2 billion. This This bill shortchanges our schools request was based on the sound judgment and our students. I am concerned that to help the neediest of all children that funds in excess of this amount could not we have lost track of what America achieve high standards. be spent effectively in this first year. These stands for—empowerment, hope, and With this funding, New York school funds will be spent in a focused manner, in- opportunity. Instead of funding for our districts can hire up to 13,379 teachers creased each year, to efficiently and effec- schools, this Congress passed a tax cut to reduce class size and provide special- tively create the necessary training, tech- for the rich. And guess what? The tax ized instruction in math and reading nology, and infrastructure base needed to en- cut left us shackled. It left us with no aimed at helping these needy children sure delivery of appropriate medical treat- meet state standards. ment protocols and the long term success of money in the Federal checkbook for this initiative. education. The impact of the proposed funding These funds are vital to our efforts to com- That is why I am proud to cosponsor level is especially felt in key cities bat HIV/AIDS abroad, but must be spent in this amendment, which would provide across New York State. Without the re- the right way, at the right time. Similarly, an additional $6.15 billion for title I. sources provided by this amendment, efforts to increase funding to the Global Title I is vital to the success of No 243,803 eligible children in New York Fund to Fight AIDS, TB and Malaria are not Child Left Behind. Reforms without re- City, 2,902 children in Albany, 15,222 in appropriate at this time. Currently, the sources is a hollow opportunity. Fully Buffalo, 7,362 in Syracuse and 5,887 United States is responsible for over 40% of all contributions made to the Global Fund. funding title I will help our Nation’s children in Yonkers will not be fully We have reached a critical time in the Glob- poorest schools hire more teachers, buy served. These children will be left be- al Fund’s development, and other nations more computers, and implement the hind. must join the U.S. in supporting the work of kind of reforms they need to improve Securing these additional funds could the Global Fund. student achievement. enable districts to hire an additional 72

VerDate jul 14 2003 01:31 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A09SE6.016 S09PT1 S11224 CONGRESSIONAL RECORD — SENATE September 9, 2003 teachers in Albany, 385 in Buffalo, 7,862 IDEA and the educators who are re- ed the Rural Education Achievement in New York City, 312 in Rochester, 164 sponsible for implementing the law, I Program, REAP. This program recog- in Syracuse, and 159 teachers in Yon- am hopeful the Senate will have an- nizes the unique needs of small and kers. other opportunity to consider full fund- rural schools while ensuring account- If we expect every single child to suc- ing either on this legislation or an- ability. It provides essential funding ceed there should be no exception to other bill before Congress adjourns this that many of these schools rely on be- our commitment to turning around year. cause they lack the personnel and re- struggling schools. This amendment We also need to pass meaningful leg- sources to apply for competitive will reaffirm our commitment by giv- islation that will encourage more stu- grants. ing schools the resources they need so dents in Arkansas and the Nation to Last year, well over half of Arkansas’ that teachers can teach to the highest pursue a college education. I think school districts received approximately standards and all of our children can that promoting post-secondary edu- $5.6 million in total funding under this learn. cation is an essential element of any program to help meet critical edu- I urge my colleagues to support this effort to prepare our workforce to meet cational needs. And this funding is amendment. the demands of today’s global market- needed now more than ever as schools Mrs. LINCOLN. Mr. President, I rise place. strive to meet the new accountability today to speak in support of the I also believe we should continue to measures of the No Child Left Behind amendment of my colleague from West build on our success regarding Federal Act. Virginia to increase funding for the student financial assistance. That is I want to close my remarks by em- title I program by $6.15 billion. By why I am pleased to support an amend- phasizing my strong belief that edu- bringing the total up to $18.5 billion, ment to this bill by Senator KENNEDY cation can be and must be a high pri- title I would be funded at the level au- that would increase student financial ority for our Nation. thorized in the No Child Left Behind aid in fiscal year 2004 by $2.2 billion, I was proud to support a bold reform Act for fiscal year 2004. which is essential to keep up with the plan for our Nation’s public schools a The title I program is critical for dis- growth in college costs. few years ago because I believe firmly advantaged students because it targets One of the most worthwhile financial that every child deserves a chance to federal resources to the poorest school assistance programs is the Pell grant. receive a quality education regardless districts where Federal dollars are Since its inception in 1972, students na- of where they live or go to school. needed most. tionwide have received enormous bene- The approach I supported created a In my State of Arkansas, this fund- fits from Pell grants, so I think we new contract between the Federal Gov- ing is crucial because 67 percent of stu- need to continue to make a larger in- ernment and local school districts— dents attend title I schools. These vestment in this area. The higher edu- more funding and flexibility for public schools depend on these important cation funding amendment would in- schools in return for greater academic funds to upgrade technology, provide crease the maximum Pell grant by $450, achievement for all students. I said at the time that additional professional development for teachers, which would give close to 2,000 more funding and reform go hand in hand— and implement school-wide programs. Arkansans access financial assistance you can’t have one without the other Like dozens of other States today, for higher education. Arkansas is currently experiencing a This higher education amendment and expect to succeed. As many of the accountability re- serious budget crisis at the same time also includes additional funding for the quirements of No Child Left Behind the State is expected to meet the new TRIO programs, which are particularly take affect, it is critical for Congress requirements we imposed in No Child important to Arkansas. The TRIO pro- to meet its obligation to provide Left Behind. grams are designed to help low-income, schools and students with the re- To make the situation even more first-generation college students pre- sources they need to meet higher challenging for my State, the Arkansas pare for, enter, and graduate from col- standards. Supreme Court ruled last November lege. While student financial aid pro- I hope my colleagues will rise to the that the current funding level for edu- grams help students overcome finan- occasion during consideration of this cation in Arkansas is inadequate and cial barriers to higher education, TRIO bill and deliver on the promise of equal that the distribution of funding is in- Programs help students overcome opportunity for all students. equitable. The AR Supreme Court gave class, social and cultural barriers. Con- My greatest fear is that we won’t the state until Jan. 1, 2004 to comply sidering Arkansas has one of the lowest meet our obligations to our children in with its order. percentages of residents with a four- this bill. In the years ahead, our chil- Arkansas is not alone. States all year college degree, the more than 50 dren will provide the workforce and across the country are facing similar TRIO programs currently serving par- leadership for our nation. Indeed, our financial woes, which means title I ticipants in my state provide a critical children are our future. We don’t have funding is more important than ever. source of encouragement and support the luxury of waiting to fund these pro- Like title I, additional funding for to thousands of students who might grams adequately at some undeter- IDEA is also critical to students and otherwise never receive their college mined time in the future. We should school districts in my State. I hear degree. fulfill our responsibility today. more complaints from constituents As many of my colleagues know, for Mr. SPECTER. Mr. President, I raise about the Federal Government’s failure the last 3 years I have circulated a a point of order under section 504 of the to meet its obligation under IDEA than sign-on letter with the Senator from concurrent resolution on the budget for any other Federal education program. Maine to increase Federal support for fiscal year 2004 that the amendment ex- Even though Congress has increased the TRIO programs. Our goal is to in- ceeds discretionary spending limits in funding for IDEA in recent years, the crease the population served under this section and, therefore, is not in funding level in this bill falls far short these programs from 6 percent to 10 order; that is, as to the Byrd amend- of the promise we made in 1975 to pay percent of eligible students. By passing ment on which we are about to vote. 40 percent of the costs of providing a the Kennedy higher education amend- The PRESIDING OFFICER. Under quality education to special needs stu- ment, we would be making a signifi- the previous order, the Byrd amend- dents. cant downpayment on that goal. ment is now pending. Currently, IDEA is an unfunded man- Nearly 40 percent of the children in Mr. REID. Mr. President, under the date, which is profoundly unfair to this country attend rural schools. applicable statutes, I move to waive school districts, teachers, and the stu- These schools face enormous chal- the point of order and ask for the yeas dents they serve. I am disappointed lenges such as teacher recruitment and and nays. that an amendment offered last week retention and small student popu- The PRESIDING OFFICER. Is there a by Senator DAYTON to fully fund IDEA lations. sufficient second? in fiscal year 2004 was not adopted. I am extremely disappointed that the There is a sufficient second. For the sake of the students who de- Senate rejected an amendment that I The question is on agreeing to the pend on the services provided under supported which would have fully fund- motion, and the clerk will call the roll.

VerDate jul 14 2003 01:31 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A09SE6.022 S09PT1 September 9, 2003 CONGRESSIONAL RECORD — SENATE S11225 The legislative clerk called the roll. 100,000 students who have been admit- Johnson Mikulski Rockefeller Kennedy Murkowski Mr. MCCONNELL. I announce that ted to colleges on the basis of merit Sarbanes Kohl Murray Schumer the Senator from Oregon (Mr. SMITH) is will drop out. There is no question Landrieu Nelson (FL) Snowe absent because of death in family. about it; this amendment is about op- Lautenberg Nelson (NE) Stabenow Mr. REID. I announce that the Sen- portunity. It is about hope. It is about Leahy Pryor Wyden Levin Reed ator from North Carolinda (Mr. ED- the future of America. I hope the Sen- Lincoln Reid WARDS) the Senator from Massachu- ate will accept it. NAYS—46 setts (Mr. KERRY) the Senator from The PRESIDING OFFICER. The Sen- Florida (Mr. GRAHAM), and the Senator ator from Pennsylvania. Alexander Dole McConnell Allard Domenici Miller from Connecticut (Mr. LIEBERMAN) are Mr. SPECTER. Mr. President, there Allen Ensign Nickles necessarily absent. is no doubt that the Pell grants are Bennett Enzi Roberts I further announce that, if present very important. We have increased Pell Bond Fitzgerald Santorum and voting, the Senator from Florida grants in the past decade, almost dou- Brownback Frist Sessions Bunning Graham (SC) (Mr. GRAHAM) and the Senator from bling them. And while I would like to Shelby Burns Grassley Specter ERRY Campbell Gregg Massachusetts (Mr. K ) would each see more money in this education Stevens Chafee Hagel vote ‘‘yea.’’ budget and fought to have a greater al- Sununu Chambliss Hatch L Talent The PRESIDING OFFICER (Mr. A - location, we simply do not have it Cochran Inhofe EXANDER). Are there any other Sen- within the budget resolution to appro- Cornyn Kyl Thomas ators in the Chamber desiring to vote? priate any more money. With respect Craig Lott Voinovich Warner The yeas and nays resulted—yeas, 44, to the higher education items, there is Crapo Lugar DeWine McCain nays, 51, as follows: very substantial funding in TRIO, [Rollcall Vote No. 330 Leg.] GEAR UP, Perkins, and other edu- NOT VOTING—5 YEAS—44 cation programs. So as much as I Edwards Kerry Smith Graham (FL) Lieberman Akaka Dodd Levin would like to see this appropriation, we Baucus Dorgan Lincoln simply do not have the funds in the The PRESIDING OFFICER. On this Bayh Durbin Mikulski budget resolution or in the allocation vote, the yeas are 49, the nays are 46. Biden Feingold Murray of the subcommittee. Three-fifths of the Senators duly cho- Bingaman Feinstein Nelson (FL) Boxer Harkin Nelson (NE) I raise a point of order under section sen and sworn not having voted in the Breaux Hollings Pryor 504 of the concurrent resolution on the affirmative, the motion is rejected. Byrd Inouye Reed budget for fiscal year 2004 that the The point of order is sustained and the Cantwell Jeffords Reid Carper Johnson amendment exceeds discretionary amendment falls. Rockefeller Clinton Kennedy spending limits in this section and Sarbanes AMENDMENT NO. 1591 Conrad Kohl therefore is not in order. Corzine Landrieu Schumer The PRESIDING OFFICER. Under Daschle Lautenberg Stabenow Mr. KENNEDY. Mr. President, I the previous order, there are 2 minutes Dayton Leahy Wyden move to waive section 504 of the con- of debate evenly divided prior to a vote NAYS—51 current resolution for the purpose of on the Durbin amendment No. 1591. the pending amendment and ask for Alexander DeWine McCain Who yields time? Allard Dole McConnell the yeas and nays. The Senator from Illinois is recog- Allen Domenici Miller The PRESIDING OFFICER. Is there a nized. Bennett Ensign Murkowski sufficient second? Mr. DURBIN. Mr. President, my col- Bond Enzi Nickles There appears to be to be a sufficient Brownback Fitzgerald Roberts leagues will remember the President’s Bunning Frist Santorum second. State of the Union Address, during Burns Graham (SC) Sessions Mr. SPECTER. Mr. President, this is Campbell Grassley Shelby which $15 billion over 5 years was a 10-minute vote. pledged to fight global AIDS. Chafee Gregg Snowe The PRESIDING OFFICER. This is a Chambliss Hagel Specter This bill only provides $2 billion. Cochran Hatch Stevens 10-minute vote. When Senator BINGAMAN offered his Coleman Hutchison Sununu The clerk will call the roll. amendment on the floor on July 10, by Collins Inhofe Talent The assistant legislative clerk called Cornyn Kyl Thomas a vote of 78 to 18, we said we want it to the roll. Craig Lott Voinovich be $3 billion regardless of the budget Crapo Lugar Warner Mr. MCCONNELL. I announce that resolution; 45 Democrats and 33 Repub- the Senator from Oregon (Mr. SMITH) is NOT VOTING—5 licans voted for $3 billion in spending. absent because of death in family. Edwards Kerry Smith It can be spent. Every major organiza- Mr. REID. I announce that the Sen- Graham (FL) Lieberman tion has come forward and said the ator from North Carolina (Mr. ED- The PRESIDING OFFICER. On this need is there, the need is now. WARDS), the Senator from Florida (Mr. vote, the yeas are 44, the nays are 51. To my friends on the other side of GRAHAM), the Senator from Massachu- Three-fifths of the Senators duly cho- the aisle, including the chairman of the setts (Mr. KERRY), and the Senator sen and sworn not having voted in the subcommittee, who voted for the from Connecticut (Mr. LIEBERMAN) are affirmative, the motion is rejected. Bingaman resolution, if 33 Republicans necessary absent. The point of order is sustained, and the will step forward today as they did I further announce that, if present amendment falls. July 10 for the same proposition, we and voting, the Senator from Massa- AMENDMENT NO. 1566 guarantee our 45 Democratic votes will chusetts (Mr. KERRY) would vote be there with you. Let’s pass this reso- The PRESIDING OFFICER. Under ‘‘yea.’’ lution and keep our promise to fight the previous order, there are now 2 The PRESIDING OFFICER. Are there the global war on AIDS. Stand behind minutes equally divided prior to a vote any other Senators in the Chamber de- President Bush’s promise of $3 billion. on the Kennedy amendment No. 1566. siring to vote? The PRESIDING OFFICER. The Sen- Who yields time? The yeas and nays resulted—yeas 49, ator from Pennsylvania. Mr. KENNEDY. Mr. President, I yield nays 46, as follows: myself 1 minute. Mr. SPECTER. Mr. President, I agree There are 4.8 million young Ameri- [Rollcall Vote No. 331 Leg.] with the Senator from Illinois on the cans who take advantage of the Pell YEAS—49 importance of fighting HIV/AIDS. A Program. That is $4,050. The average Akaka Carper Dorgan few years ago, Senator DURBIN and I Baucus Clinton Durbin cost of public university tuition has in- Bayh Coleman Feingold joined together on an amendment for creased 10 percent. This amendment ef- Biden Collins Feinstein $700 million before there was a general fectively provides the $2.2 billion that Bingaman Conrad Harkin recognition of the importance of U.S. will increase the Pell grant to $4,500. Boxer Corzine Hollings funding on AIDS and even before the Breaux Daschle Hutchison That is an increase of 10 percent. With- Byrd Dayton Inouye President made his speech committing out this kind of increase, more than Cantwell Dodd Jeffords some $15 million.

VerDate jul 14 2003 04:41 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.077 S09PT1 S11226 CONGRESSIONAL RECORD — SENATE September 9, 2003 We have in the budget at the present NOT VOTING—6 almost 40 years. It serves children by time $14 billion. We have some $4 bil- Domenici Graham (FL) Lieberman helping them get ready to learn. It has lion from other agencies. The Director Edwards Kerry Smith been remarkably successful. We are of the Office of National AIDS Policy The PRESIDING OFFICER. On this still underserving a very needy popu- has expressed the view that the $2 bil- vote, the yeas are 43, the nays are 51. lation, as the Presiding Officer knows. lion now for global AIDS is all that can Three-fifths of the Senators duly cho- If we do not get them started right, be used. sen and sworn not having voted in the these are the children who drop out of Much as I would like to see addi- affirmative, the motion is rejected. school, who become teen parents, who tional funds, we simply do not have it The point of order is sustained and the end up in the juvenile justice system, in the budget resolution or in our allo- amendment falls. and become people who abuse sub- cation. So I must oppose the amend- Under the previous order, the Sen- stances. ment, and I raise a point of order under ator from Connecticut is recognized to Head Start works. We are going to be section 504 of the concurrent resolution offer an amendment on which there reauthorizing the program in the com- on the budget for fiscal year 2004 that will be 10 minutes of debate evenly di- ing year, to do a variety of things to the amendment exceeds discretionary vided prior to a vote. improve the program even further. In spending limits specified in this sec- The Senator from Connecticut. the absence of this kind of a start, tion and, therefore, is not in order. AMENDMENT NO. 1597 TO AMENDMENT NO. 1542 when we now know the poor population Mr. DURBIN. Mr. President, I move Mr. DODD. Mr. President, I send an of children has been increased by to waive section 504 of the Budget Act, amendment to the desk and ask for its 600,000 just in the last 2 fiscal years, to and I ask for the yeas and nays. immediate consideration. be reducing the number of children The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The presently in the program would be a sufficient second? clerk will report. huge mistake. These are poor children. There appears to be a sufficient sec- The assistant legislative clerk read They come from single-parent families. ond. as follows: They are struggling to make ends The question is on agreeing to the The Senator from Connecticut [Mr. DODD], meet. Head Start gives them an oppor- motion. The clerk will call the roll. for himself, Mr. KENNEDY, Mrs. MURRAY, Ms. tunity to get on the right track early The legislative clerk called the roll. MIKULSKI, Mr. DASCHLE, Mr. REED, Mr. on before they begin a formal edu- BINGAMAN, Mr. LAUTENBERG, Ms. STABENOW, Mr. MCCONNELL. I announce that cation. Mr. AKAKA, Mr. CORZINE, Mr. PRYOR, Mr. I urge my colleagues on both sides to the Senator from New Mexico (Mr. KERRY, Mr. JOHNSON, Mr. NELSON of Florida, DOMENICI) is necessarily absent and the Mrs. CLINTON, and Mrs. BOXER, proposes an be able to find the resources to do this. Senator from Oregon (Mr. SMITH) is ab- amendment numbered 1597 to amendment Head Start has been remarkably suc- sent because of a death in the family. No. 1542. cessful. It deserves our bipartisan sup- Mr. REID. I announce that the Sen- Mr. DODD. Mr. President, I ask unan- port, and I urge my colleagues to sup- ator from North Carolina (Mr. ED- imous consent that the reading of the port this amendment. WARDS), the Senator from Florida (Mr. amendment be dispensed with. I yield to my distinguished friend GRAHAM), the Senator from Massachu- The PRESIDING OFFICER. Without from Florida who would like to be setts (Mr. KERRY), and the Senator objection, it is so ordered. heard on this issue as well. from Connecticut (Mr. LIEBERMAN) are The amendment is as follows: The PRESIDING OFFICER. The Sen- necessarily absent. (Purpose: To increase funds for Head Start) ator from Florida. I further announce that if present On page 61, between lines 14 and 15, insert Mr. NELSON of Florida. Mr. Presi- and voting, the Senator from Massa- the following: dent, I have been to Head Start facili- chusetts (Mr. KERRY) would vote SEC. ll. (a) HEAD START FUNDING.—In ad- ties all over my State. What a wonder- ‘‘yea.’’ dition to any amounts otherwise appro- ful little academic atmosphere for The PRESIDING OFFICER. Are there priated under this Act to carry out programs these 3-, 4-, and 5-year-olds who are and activities under the Head Start Act (42 any other Senators in the Chamber de- U.S.C. 9801 et seq.), there are appropriated an starting the program, as well as those siring to vote? additional $350,000,000 for such programs and who are younger than 3. It is this little The yeas and nays resulted—yeas 43, activities. academic atmosphere where they start nays 51, as follows: (b) OFFSET.—Of the funds appropriated in to learn their letters, the alphabet, and [Rollcall Vote No. 332 Leg.] this Act for the National Institutes of their numbers. They start to learn re- Health, $700,000,000 shall not be available for YEAS—43 spect for their fellow little citizens, re- obligation until September 30, 2004. The spect for property. In addition to that Akaka Dorgan Lincoln amount $6,895,199,000 in section 305(a)(1) of academic environment, we are looking Baucus Durbin Mikulski this Act shall be deemed to be $7,245,199,000, Bayh Feingold Murray and the amount $6,783,301,000 in section at their health, their physical health, Biden Feinstein Nelson (FL) their mental health, their dental Bingaman Harkin 305(a)(2) of this Act shall be deemed to be Nelson (NE) $6,433,301,000. health. Boxer Hollings Pryor Breaux Inouye Reed Mr. DODD. Mr. President, I offer this Back in July, the House of Rep- Byrd Jeffords Reid resentatives by a 1-vote margin, 217 to Cantwell Johnson amendment on behalf of myself and a Rockefeller 216, started to sound the death knell on Clinton Kennedy number of my colleagues. I will not re- Sarbanes Collins Kohl this fantastically successful and wildly Schumer cite the entire list of all of those who Corzine Landrieu popular program by saying, instead of Stabenow have joined with me on this Head Start Daschle Lautenberg funding it directly to the Head Start Dayton Leahy Wyden amendment. Dodd Levin This amendment would increase the centers, they were going to put it in a appropriation by $350 million above the nice little block grant and send it to NAYS—51 increase recommended by the Appro- eight State legislatures and Governors. Alexander Crapo McCain You know the fiscal distress the Allard DeWine McConnell priations Committee over the coming Allen Dole Miller fiscal year. Very briefly, what this States are in. You know the tempta- Bennett Ensign Murkowski means, in the absence of this amend- tion it is going to be for those States if Bond Enzi Nickles ment being adopted, we will have to we ever entertain anything like that. Brownback Fitzgerald Roberts Bunning Frist Santorum cut the number of children who are To the contrary, here we have an op- Burns Graham (SC) Sessions presently in Head Start programs. portunity to take a stand with the Campbell Grassley Shelby With the adoption of this amendment amendment of Senator DODD, to say re- Carper Gregg Snowe sponsibly we are going to increase the Chafee Hagel Specter of $350 million, we can increase the en- Chambliss Hatch Stevens rollment by 36,000 children in Head Head Start Program that gets these Cochran Hutchison Sununu Start programs across the country. little fellows, these little children, pre- Coleman Inhofe Talent There are 19,000 centers and 50,000 pared to enter prekindergarten and the Conrad Kyl Thomas Cornyn Lott Voinovich classrooms. This is a program that has first grade. Craig Lugar Warner worked remarkably well over the past I support the Senator’s amendment.

VerDate jul 14 2003 01:49 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.085 S09PT1 September 9, 2003 CONGRESSIONAL RECORD — SENATE S11227 Mr. DODD. Mr. President, I want to The Bush budget forced Montgomery Mr. DODD. I move to waive the Budg- close by talking about the reauthoriza- County into this situation by not pro- et Act and ask for the yeas and nays. tion of Head Start. We need these re- viding the resources to serve all chil- The PRESIDING OFFICER. Is there a sources to keep trying to expand the dren in Head Start. I think we need to sufficient second? number of children who can participate put the money in the Federal check- There is a sufficient second. in this program. We all know the im- book so that communities won’t have The question is on agreeing to the portance of literacy. We know the im- to make bad choices between bad op- motion. The yeas and nays have been portance of getting these children tions. The Dodd amendment is a step in ordered. The clerk will call the roll. ready to learn. If we end up reducing the right direction. The assistant legislative clerk called the number of children presently in the You can’t get more for less. You get the roll. program, as we will if we accept just what you pay for. We need to increase Mr. MCCONNELL. I announce that the language of the pending appropria- Federal funds so that all eligible chil- the Senator from New Mexico (Mr. tions bill, it is a major setback in early dren can benefit from high-quality DOMENICI) is necessarily absent and the education. Head Start. I urge my colleagues to Senator from Oregon (Mr. SMITH) is ab- I yield the floor. support the Dodd amendment. Ms. MIKULSKI. Mr. President, I sup- sent because of death in family. The PRESIDING OFFICER. The Sen- Mr. REID. I announce that the Sen- port the Dodd amendment to add $500 ator from Pennsylvania. ator from North Carolina (Mr. ED- million to the Head Start Program. I Mr. SPECTER. Mr. President, I agree WARDS), the Senator from Florida (Mr. have heard from communities all over with the Senator from Connecticut GRAHAM), the Senator from Massachu- Maryland that are being forced to about the desirability of Head Start. I setts (Mr. KERRY), and the Senator make tough choices because funding think it is a marvelous program and from Connecticut (Mr. LIEBERMAN) are for Head Start is inadequate. Commu- the increase in appropriations reflects necessarily absent. nities have to choose between two bad a doubling in the past decade. In my I further announce that, if present options: diluting the quality of Head capacity as chairman of this sub- and voting, the Senator from Massa- Start, or shutting the doors on some committee, whenever we could find an chusetts (Mr. KERRY) would vote eligible children. extra dollar we put it into Head Start. And what does President Bush pro- In fiscal year 2000, we increased Head ‘‘yea.’’ pose to solve this problem? Instead of Start by more than $600 million. In fis- The PRESIDING OFFICER. (Mr. putting the resources in the budget, he cal year 2001, we increased Head Start TALENT). Are there any other Senators proposed dismantling Head Start by by $933 million. in the Chamber desiring to vote? handing it over to the States. Head I just wish we had the funds available The yeas and nays resulted—yeas 47, Start is already one of the more suc- now to add the $350 million requested nays 47, as follows: cessful Federal programs. Head Start by the Senator from Connecticut. For [Rollcall Vote No. 333 Leg.] can be even more effective than it al- next year, we have funded an increase ready is. But you know what? It is YEAS—47 in Head Start for almost $150 million. going to take Federal leadership and a Akaka Dayton Leahy Regrettably, we are stretched very thin Baucus Dodd serious investment—not a block grant Levin with respect to the budget we have Bayh Dorgan Lincoln and a prayer. That is why I am proud Biden Durbin here, on the budget resolution and on Mikulski to cosponsor the Dodd amendment. Bingaman Feingold Murray the allocation to this subcommittee. Currently, only 60 percent of eligible Boxer Feinstein Nelson (FL) Breaux preschool children are in Head Start, My colleagues are coming to me for Harkin Nelson (NE) relatively small sums, some in tribute Byrd Hollings Pryor and only 3 percent of eligible infants Campbell Hutchison Reed to former Members of this body, and we Cantwell Inouye and toddlers are in Early Head Start. Reid simply do not have the money. The Carper Jeffords In Maryland, about 25 percent of eligi- Rockefeller Clinton Johnson ble children under 5 are in Head Start Senator from Wisconsin wants $1 mil- Sarbanes lion, not a large request in a $137.6 bil- Collins Kennedy and Early Head Start. At the same Conrad Kohl Schumer time, we are trying to improve Head lion bill, but there is just not enough Corzine Landrieu Stabenow Wyden Start by requiring stricter teacher money here. Being a manager of a bill Daschle Lautenberg qualifications, by improving academic has a great many challenges getting it NAYS—47 organized and getting it in gear. But in instruction, and by maintaining vital Alexander Dole Miller health and social services. Yet this bill the last 3 days I have cast more con- Allard Ensign Murkowski provides only $148 million more for troversial votes—I would consider real- Allen Enzi Nickles Bennett Fitzgerald Head Start. That is not even enough to ly bad votes, according to my own in- Roberts stincts of what I would like to see Bond Frist Santorum cover inflation. Brownback Graham (SC) Sessions The Bush budget puts communities done—than I cast in the whole last Bunning Grassley Shelby in a tough position. They have to year. Burns Gregg Snowe Chafee Hagel The title I Amendment offered by Specter choose between diluting the quality of Chambliss Hatch Stevens their Head Start programs or serving Senator BYRD, I voted against and I de- Cochran Inhofe Sununu plore the inadequacy of funding on Coleman Kyl fewer children. In my own State of Talent Maryland, we are facing this kind of title I. With regard to Pell grants, Sen- Cornyn Lott Craig Lugar Thomas ARKIN impossible choice. For years, Mont- ator H and I have led the way. Crapo McCain Voinovich gomery County contributed $16 million When we pushed it up to $4,000 a couple DeWine McConnell Warner of years ago, the Director of OMB came of its own money to run a very high NOT VOTING—6 quality Head Start Program. But they to my office and threatened a broad- scale rescission of the entire bill. Domenici Graham (FL) Lieberman still didn’t have enough money to serve Edwards Kerry Smith to all the low-income children in Head I would very much like to see more Start. money for Head Start. But we just do The PRESIDING OFFICER. On this Recently, the county proposed using not have it in the resolution and we question, the yeas are 47, the nays are its money for a pre-K program that don’t have it in the allocation. You 47. Three-fifths of the Senators duly would serve more children. But they can’t squeeze blood out of a turnip and chosen and sworn not having voted in also proposed making cutbacks and this bill has turned into a turnip. I the affirmative, the motion is rejected. sacrifices. They proposed cutting back don’t think it is a lemon but I think it The point of order is sustained. The on comprehensive health and family is a turnip. amendment falls. services for the new pre-K classes. Mr. President, for that reason I raise Mr. SPECTER. I move to reconsider They proposed shortening pre-K class- the point of order under section 504 of the vote. es, which would mean teachers couldn’t the concurrent resolution on the budg- Mr. BENNETT. I move to lay that accomplish as much. And they pro- et for the fiscal year 2004 that the motion on the table. posed reducing the number of children amendment exceeds the discretionary The motion to lay on the table was in Head Start by almost half. spending and therefore is not in order. agreed to.

VerDate jul 14 2003 01:49 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.088 S09PT1 S11228 CONGRESSIONAL RECORD — SENATE September 9, 2003 Mr. SPECTER. Mr. President, in our Additionally, the amendment would amendment would also be consistent sequencing, we now turn to the Sen- put us on a realistic path to reaching with action taking during Senate con- ator from Nebraska; how long does the our obligation to provide States and sideration of the fiscal year 2004 budget Senator intend to speak? local school districts with 40 percent of resolution, which similarly provided Mr. HAGEL. I request 4 minutes. the cost of educating children with dis- for a $2.2 billion increase for IDEA. In Mr. SPECTER. Fine. abilities. Maine, passage of this amendment The PRESIDING OFFICER. The Sen- This is the responsible thing to do. I would result in a $10 million increase ator is recognized. ask my colleagues to support this over fiscal year 2003 funding levels. AMENDMENT NO. 1572 amendment when it comes up for a With this amendment, we would raise Mr. HAGEL. Mr. President, I rise to- vote tomorrow morning. the Federal Government’s commitment night in support of an amendment I Mr. President, I thank you and yield to roughly 21 percent of the costs of have offered, along with my colleagues, the floor. special education. I urge my colleagues Senators DODD and JEFFORDS and oth- Ms. COLLINS. Mr. President, I rise to join us in support of this amend- ers, to increase funding for the Individ- today in support of the Dodd-Hagel-Jef- ment. Let’s continue our efforts to uals with Disabilities Act, IDEA, part ford amendment to increase funding for make good on our promise and fully B, by an additional $1.2 billion in fiscal the Individuals with Disabilities Edu- fund IDEA. year 2004. This amendment would bring cation Act or IDEA. I am pleased to The PRESIDING OFFICER. Who the total IDEA fiscal year 2004 increase join Senators COLEMAN, MURRAY, DOR- seeks recognition? to $2.2 billion, which was the level ap- GAN, BINGAMAN, KERRY, MIKULSKI and The Senator from New York. proved by the Senate in the fiscal year others as a cosponsor of this amend- AMENDMENT NO. 1598 TO AMENDMENT NO. 1542 2004 budget resolution earlier this year. ment. Mr. SCHUMER. Mr. President, I rise For the past 3 years, I have worked IDEA is based on two fundamental to offer an amendment to increase the with Senators HARKIN, DODD, JEF- principles: first, that all disabled chil- funding levels in the Ryan White CARE FORDS, and many of my Republican col- dren are entitled to a free and appro- Act. leagues to increase funding for IDEA. I priate public education. And second, to The PRESIDING OFFICER. Without have argued that no education funding the maximum extent possible, these objection, the pending amendment is priority is as important or will do more children should be educated along side set aside. The clerk will report the for States in this time of budget crisis their nondisabled peers. amendment. than meeting our Federal commitment To help States achieve these prin- The assistant legislative clerk read to IDEA. ciples, Congress authorized funding at as follows: As we all know, in 1975 Congress 40 percent of the average per pupil ex- The Senator from New York [Mr. SCHU- guaranteed children with disabilities penditures. Unfortunately, this funding MER], for himself, Ms. LANDRIEU, Mr. DURBIN, the right to free and appropriate edu- level has never been realized, leaving Mr. LAUTENBERG, Mrs. CLINTON, Mr. KEN- cation. This meant that, whatever the States with insufficient resources and NEDY, Ms. STABENOW, Mr. BINGAMAN, and Ms. cost, States and local school districts jeopardizing the achievement of IDEA’s CANTWELL, proposes an amendment num- would be mandated by Federal law to goals. bered 1598 to amendment No. 1542. provide the necessary services to edu- In 1996, the year I was first elected to Mr. SCHUMER. Mr. President, I ask cate a child with a disability. Congress the Senate, the Federal Government unanimous consent that reading of the understood that this Federal mandate provided only $2.3 billion for IDEA amendment be dispensed with. would be costly. As a result, they funding, about 7 percent. Last year, The PRESIDING OFFICER. Without agreed to provide States with 40 per- IDEA funding had risen to $8.9 billion, objection, it is so ordered. cent of the cost of educating these chil- about 18 percent. While clearly we have The amendment is as follows: dren. That was almost 30 years ago. made great strides in this area, the (Purpose: To provide additional funding for Unfortunately, Congress has not kept currently IDEA funding is still less programs under the Ryan White Care Act) its end of the deal. While our schools than half of the 40 percent originally On page 61, between lines 14 and 15, insert continue to meet the necessary re- promised by Congress. Over the years, the following: quirements under IDEA year after this shortfall has placed a tremendous SEC. ll. In addition to amounts otherwise year, they also bear more than their financial stress on States in providing appropriated under this Act to carry out pro- grams and activities under title XXVI of the fair share of the costs for complying these services, and in particular on Public Health Service Act (42 U.S.C. 300ff-11 with this law. Today, the Federal Gov- small rural communities such as those et seq.), there are appropriated an addi- ernment’s commitment to IDEA is in Maine. tional— only 18 percent. As startling as these shortfalls are, (1) $74,010,000 to carry out part A of such As in years past, I offered legislation they fail to fully convey the crushing title XXVI (42 U.S.C. 300ff-11 et seq.); with Senator HARKIN and others to en- financial blow which can result to a (2) $50,000,000 to carry out part B of such sure that the Federal Government pro- small community when a medically title XXVI (42 U.S.C. 300ff-21 et seq.); vides for special education by making fragile, high cost child locates there. In (3) $214,800,000 to carry out State AIDS funding increases for this program these situations, school systems are Drug Assistance Programs under section 2616 of such title XXVI (42 U.S.C. 300ff–26); mandatory. But we will have this dis- often forced to cut back in services to (4) $21,130,000 to carry out part C of such cussion on mandatory versus discre- all children, both disabled and non- title XXVI (42 U.S.C. 300ff-51 et seq.); tionary funding for this program when disabled, in an attempt to meet their (5) $25,450,000 to carry out part D of such we take up the IDEA reauthorization legal obligations. Unfortunately, this title XXVI (42 U.S.C. 300ff-71 et seq.); legislation later this year. can result in resentment of these chil- (6) $10,450,000 to carry out section 2692(a) of We are here today because, again, as dren by members of their own commu- such title XXVI (42 U.S.C. 300ff-111(a)); and years in the past, this appropriations nity. (7) $5,590,000 to carry out section 2692(b) of bill has failed. We failed to keep our Increased Federal support is des- such title XXVI (42 U.S.C. 300ff-111(b)). funding proposition. That is why we perately needed, and that is why I want Provided, That of the funds appropriated under this Act for the National Institutes of need this amendment. The fiscal year to thank Chairman SPECTER for the Health, $750,000,000 shall not be available for 2004 budget resolution approved by this substantial increase in IDEA funding obligation until September 30, 2004: Provided body allowed for a $2.2 billion increase he has included in the Senate base bill. further, That the amount $6,895,199,000 in sec- for IDEA, part B funding. Unfortu- He has included nearly a billion-dollar tion 305(a)(1) of this Act shall be deemed to nately, the Senate Appropriations increase over last year’s level. be $7,296,629,000: Provided further, That the Committee underfunded this program, Our amendment seeks to further amount $6,783,301,000 in section 305(a)(2) of only providing an increase of $1 billion. boost this funding by providing an ad- this Act shall be deemed to be $6,381,871,000. The Dodd-Hagel-Jeffords amendment ditional $1.2 billion for IDEA Part B Mr. SCHUMER. Mr. President, I will provides an additional $1.2 billion for State Grants. This increase would re- be brief because I know we have a lot IDEA, meeting the approved budget in- sult in a $2.2 billion increase over fiscal to do to finish this bill tomorrow. crease of $2.2 billion already approved year 2003 funding and will keep us on This amendment increases the fund- this year. the track toward full funding. Our ing levels of all titles contained in the

VerDate jul 14 2003 01:49 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.098 S09PT1 September 9, 2003 CONGRESSIONAL RECORD — SENATE S11229 Ryan White CARE Act by a total of mestic prevention activities at CDC. have been forced to cap or restrict ac- $401 million, with $214 million specifi- My amendment attempts to fill in cess to drug treatments through cally going toward the AIDS Drug As- these gaps. ADAP, and continually deplete their sistance Program, commonly referred As increasing numbers of people with ADAP budgets long before the fiscal to as ADAP. HIV/AIDS live longer, the cost of their year ends. Turning our backs on pa- The CDC estimates that nearly care and treatment places greater fi- tients who have clearly benefited from 900,000 people are living with HIV in nancial demands on State and local better access to newer, more effective the United States, and among those are governments and community-based or- drugs would be a step backwards. 362,000 who are living with AIDS. ganizations. We can provide funding for I urge my colleagues, on behalf of pa- Forty percent of the new estimated these needed services through the Ryan tients and states, to support this HIV infections each year occur in the White CARE Act. amendment. We need to keep one step New York City metropolitan area. So I urge my colleagues to adopt this ahead of this disease with education obviously this has great importance to much-needed amendment. and prevention efforts, focusing on us. Mr. President, I yield back my re- hard hit populations such as women Adolescents, women, and minority maining time. and minorities, or else we risk sliding communities are particularly hard hit Mrs. CLINTON. Mr. President, I backwards in our battle. Millions con- by this epidemic. Over 80 percent of the thank my colleague from New York for tinue to face the daily grind of living new estimated HIV infections in addressing the HIV/AIDS epidemic on with this insidious disease, and it is my women occur among African-American behalf of the millions of people affected sincere hope that funding these pro- and Latino populations. by HIV/AIDS in New York and around grams will bring a measure of help and In the last 10 years alone, the number this country. The profound human hope to New Yorkers and Americans of AIDS cases among women has more tragedy of HIV/AIDS has exacted an in- who suffer each day. than tripled, and every hour in this calculable economic and human toll on The PRESIDING OFFICER. The Sen- country two people under the age of 25 civilization—the Ryan White CARE ator from Pennsylvania is recognized. become infected with HIV. Act programs have helped to fill the Mr. SPECTER. Mr. President, I be- Now the interesting thing here is, gaping holes in care and survival we lieve the Ryan White HIV/AIDS pro- this is not just limited to New York. have experienced these last few dec- gram is a very important one. I wish Cleveland, OH, and Atlanta, GA, have ades. This amendment will provide es- we had additional funding so we could been named as two hot spots for this sential funding for those programs so accept the amendment offered by the growing trend in the increase in AIDS that those struggling to survive each Senator from New York, who seeks to and HIV, particularly among women. day can access necessary, life-saving add $400 million to this program. In his fiscal year budget of 2004, treatments. There have been very substantial in- President Bush stated his goal to help We are all familiar with the statis- creases in the program. In 1999, the reduce the number of HIV infections in tics—800,000 to 900,000 Americans cur- program was set at approximately $1.4 the United States by 50 percent by 2005. rently live with HIV/AIDS, 77,000 in my billion and that has increased to the However, the President’s budget pro- State of New York alone. Furthermore current appropriation of $2.041 billion. vides no new domestic prevention fund- there are a devastating 40,000 new in- Overall, on HIV/AIDS, in the Labor- ing for CDC to meet this goal. fections in the U.S. each year. HHS bill, we have in excess of $14 bil- The Ryan White CARE Act provides This is why we need the $401.43 mil- lion. The entire bill, which we have, resources to State and local health de- lion that this amendment would pro- has an allocation $137.6 billion. I fought partments and community-based orga- vide for the Ryan White CARE Act pro- to have a larger allocation, but this is nizations for primary medical care, grams, including a $214.8 million in- the maximum appropriation we can drug treatments, and supportive serv- crease for the AIDS Drug Assistance make within the budget resolution and ices for low-income, uninsured people Program or ADAP. The Ryan White within our allocation, as much as I living with HIV and AIDS. CARE Act provides invaluable re- would like to see even more resources The ADAP program provides access sources to State and community health directed toward HIV/AIDS. to vital but costly new drug treat- organizations for primary medical For those reasons, Mr. President, be- ments that have enabled many people care, drug treatments, supportive serv- cause it does exceed the budget, I raise to live longer, more productive lives. ices for low-income, and uninsured peo- a point of order under the Budget Act. Since 1996, the number of people ple living with HIV/AIDS. Ryan White Mr. SCHUMER. I move to waive the served by ADAP alone has more than is also crucial to helping people follow appropriate section of the Budget Act, doubled, expenditures have quadrupled, complicated drug treatments, to allevi- Mr. President. and the need for services still outpaces ate high medical costs for people with Mr. SPECTER. Mr. President, I ask available services. If we do not provide low incomes and to combat HIV/AIDS for the yeas and nays. full funding for ADAPs, we will accu- in communities with a high degree of The PRESIDING OFFICER. Is there a mulate as many as 21,000 Americans on new HIV/AIDS cases. sufficient second? There is a sufficient second. waiting lists in the next 20 months. It is precisely because of Ryan White The yeas and nays were ordered. With no access to lifesaving drugs, CARE Act’s documented success that Mr. SPECTER. We are going to vote they will experience HIV disease pro- we need to help the program survive, so on this tomorrow, Mr. President, but gression, they will end up in hospital they can help patients survive. Im- now we are set to go. emergency rooms and intensive care provements in care and powerful drug Mr. SCHUMER. Thank you, Mr. units, and they will incur very signifi- therapies are well publicized and in- President. cant, avoidable costs to local health deed many people with HIV/AIDS are The PRESIDING OFFICER. The Sen- care systems. living longer, more productive lives. ator from Rhode Island. Currently, Oregon, Kentucky, and Yet as patients live longer, the cost of Mr. REED. Mr. President, I ask unan- Alabama have the longest waiting their care and treatment places greater imous consent to lay aside the pending lists. Alaska, Colorado, Idaho, Ne- demands on community-based organi- amendment. braska, New York, Oklahoma, South zations and State and local govern- The PRESIDING OFFICER. Without Dakota, Washington, and West Vir- ments. This funding is vital for health objection, it is so ordered. ginia all currently have severe access facilities and State budgets, which AMENDMENT NO. 1595 TO AMENDMENT NO. 1542 limitations due to the lack of funding have come under considerable financial Mr. REED. Mr. President, I call up and will have to close enrollment soon- strain due to costly new drugs. amendment No. 1595 with respect to er than they planned. For example, the AIDS Drug Assist- LIHEAP. To effectively fight the spread of ance Program, ADAP under Title II of The PRESIDING OFFICER. The HIV/AIDS in the United States, Amer- the CARE Act was created in part to clerk will report. ica’s leading organizations committed address the enormous need brought on The legislative clerk read as follows: to fighting this epidemic have called by the advent of new combination drug The Senator from Rhode Island [Mr. REED], for an increase of $400 million for do- therapies. However, several States for himself, Ms. COLLINS, Mr. KENNEDY, Mr.

VerDate jul 14 2003 04:41 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.100 S09PT1 S11230 CONGRESSIONAL RECORD — SENATE September 9, 2003 LEAHY, Mr. ROCKEFELLER, Mr. VOINOVICH, in the summertime. So this contin- cites statistics on the number of people Mr. JEFFORDS, Mr. KERRY, Mr. LIEBERMAN, gency fund is absolutely essential. who will not be covered, it is true. If Mr. SCHUMER, Mr. CORZINE, Mr. SARBANES, What we need to do is to ensure that his amendment is adopted, there will Mr. BINGAMAN, Mrs. LINCOLN, Mr. LEVIN, Mr. this funding is there in sufficient quan- be some people who won’t be covered. If HARKIN, Mrs. CLINTON, Mr. DURBIN, and Ms. tity so there will be no disruption in SNOWE, proposes an amendment numbered a vastly increased sum of money were 1595. meeting the needs of people who are added, we would simply have to make Mr. REED. Mr. President, I ask unan- facing crises, either economic distress the allocations. imous consent that reading of the or severe weather. We had an allocation last year of $1.7 I particularly thank Senators SPEC- amendment be dispensed with. billion with a $300 million amount in The PRESIDING OFFICER. Without TER, HARKIN, STEVENS, and BYRD for the contingency fund. This year the objection, it is so ordered. their commitment to the basic pro- Senator from Iowa, Senator HARKIN, The amendment is as follows: gram. This appropriations bill contains and I decided to put the full $2 billion (Purpose: To provide funding for home en- $2 billion for the LIHEAP State grant in the main account so you wouldn’t ergy assistance needs under the Low-In- program. It is the first time we have have to get the contingency to activate come Home Energy Assistance Act of 1981) had $2 billion for the basic LIHEAP those expenditures. I would like very On page 61, between lines 14 and 15, insert program since 1986, and it is a testa- much to have more money in this ac- the following: ment to the commitment and effort of count. I fought hard on the budget res- SEC.ll. In addition to any amounts other- Senators SPECTER and HARKIN and olution for more money for this sub- wise appropriated under this Act for addi- their colleagues. It is the absolute min- committee. If we had more money, tional home energy assistance needs of one imum we need for the state grant pro- nothing would give me greater pleas- or more States arising from a natural dis- gram. Any lower amount represents a ure. I don’t think I have voted against aster or other emergency, under section 2602(e) of the Low-Income Home Energy As- real cut in dollars. But we also need any increase in funding for LIHEAP in sistance Act of 1981 (42 U.S.C. 8621(e)), there something else, and that is the contin- the time I have been in the Senate. are appropriated an additional $300,000,000 for gency funds. If we don’t have those There are very heavy responsibilities such needs: Provided, That of the funds ap- contingency funds, I don’t think we on the manager of the bill. One is to propriated in this Act for the National Insti- can respond to the needs many of us get the bill moving. If we don’t get this tutes of Health, $264,000,000 shall not be foresee taking place this winter. bill through by September 30, we lose available for obligation until September 30, Last year, States provided LIHEAP $3 billion. So it is with great reluc- 2004: Provided further, That the amount assistance to over 4 million families. tance that I have to oppose the amend- $6,895,199,000 in section 305(a)(1) of this Act Yet this is only about 15 percent of the shall be deemed to be $7,195,199,000: Provided ment from the Senator from Rhode Is- further, That the amount $6,783,301,000 in sec- 30 million households who were eligible land, because I would like to see this tion 305(a)(2) of this Act shall be deemed to for LIHEAP assistance. So 85 percent funding granted, but it does exceed the be $6,483,301,000. of eligible Americans could not be budget resolution. And therefore, with Mr. REED. Mr. President, first let me helped because of constrained funding reluctance, I raise a point of order. start off by commending Chairman in LIHEAP. The PRESIDING OFFICER. A point SPECTER for his efforts to meet the My colleague, Senator BINGAMAN, is of order has been made. needs that are so evident in this appro- going to offer an amendment later The Senator from Rhode Island. priations bill in a very difficult budg- which would try to increase the basic Mr. REED. Mr. President, pursuant etary climate. State grant by $1 billion up to $3 bil- to section 504(b)(2) of the concurrent The amendment I offer this evening, lion. This is a goal Senator COLLINS resolution on the budget, I move to together with my colleague from and I have aspired to for many years. waive section 504 of that concurrent Maine, Senator COLLINS, would be to We annually send a letter asking for resolution and ask for the yeas and increase funding for the Low-Income state grant funding of $3 billion. I cer- nays. Home Energy Program to $2.3 billion tainly support that proposal. But I The PRESIDING OFFICER. Is there a for fiscal year 2004. readily understand, given the con- sufficient second? I thank my other colleagues and co- strained budget, where this is a very There appears to be and is a suffi- sponsors—Senators KENNEDY, LEAHY, difficult judgment to be made by the cient second. ROCKEFELLER, VOINOVICH, JEFFORDS, committee and by the Senate. Never- The yeas and nays were ordered. KERRY, LIEBERMAN, SCHUMER, CORZINE, theless, I do believe—and that is why I Mr. SPECTER. Mr. President, the SARBANES, BINGAMAN, LINCOLN, LEVIN, offer, with Senator COLLINS, this plan is to stack this vote until tomor- HARKIN, CLINTON, DURBIN, and SNOWE— amendment—we need, for operational row morning. for cosponsoring this amendment. efficiencies and for the ability to re- The PRESIDING OFFICER. The Sen- The amendment Senator COLLINS and spond, the $300 million in contingency ator from Maine. I are offering will provide $300 million funds. I hope on a bipartisan basis we Ms. COLLINS. Mr. President, I am for the LIHEAP contingency fund. This can support this $300 million contin- very pleased to join with my colleague money is available under certain speci- gency fund. and friend from Rhode Island, Senator fied conditions: a significant home en- My colleague is here. I know she REED, in offering an amendment that ergy supply shortage or disruption, a wishes to speak on this issue. would increase the funding for the Low significant increase in the cost of home I yield the floor. Income Home Energy Assistance Pro- energy, a significant increase in home The PRESIDING OFFICER. The Sen- gram, commonly known as LIHEAP, by energy disconnections, a significant in- ator from Pennsylvania. $300 million. crease in participation in a public ben- Mr. SPECTER. Mr. President, the Before I begin my formal comments, efit program, or a significant increase program for low-income home energy I, too, want to pay tribute to the dis- in unemployment. assistance is a vital program. Pennsyl- tinguished chairman of the sub- Contingency money for LIHEAP is vania, my State, compares about the committee, Senator SPECTER, for his very important to ensure that these re- same as the State of the Senator from longstanding support of low-income sources can be quickly dispensed and Rhode Island in terms of weather. It heating assistance funding. Due to his targeted to those areas of the country gets very cold. I am well aware of the efforts, there is in this bill a $200 mil- and those populations that are experi- fact that for many people, especially lion increase in LIHEAP funding over encing either severe weather or severe seniors, it is a matter of heat or eat. last year. Moreover, the bill would pro- economic distress. Since I have been on the sub- vide $300 million more in much-needed Today, on September 9, it is a balmy committee, we have made enormous regular LIHEAP funding than either day in Washington, DC, but no one can progress in increasing the funding for the administration’s request or the forecast the weather that will take LIHEAP. I thank the Senator from House bill. So the legislation before us place throughout the course of this Rhode Island for noting the allocation represents significant progress. winter on the east coast, in the North- which Senator HARKIN, the ranking Nevertheless, I am joining in the ef- east, or on the west coast, nor can we member, and I had put in at $2 billion. fort of my colleague from Rhode Island forecast hot weather that could occur When the Senator from Rhode Island because I think it reflects a realistic

VerDate jul 14 2003 03:15 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.101 S09PT1 September 9, 2003 CONGRESSIONAL RECORD — SENATE S11231 appraisal of the needs for more assist- The Senator from Rhode Island. are not up to date with respect to their ance in this program. Mr. REED. I believe we have con- vaccinations. During the past year, the Nation has cluded our discussions on this amend- The amendment I offer today, in con- gone from energy crisis to energy cri- ment. I ask unanimous consent to lay junction with Senators MURRAY, DUR- sis. In just this year alone, we have aside this amendment. BIN, and CANTWELL, would increase seen price spikes involving home heat- The PRESIDING OFFICER. Without funding for the CDC National Immuni- ing oil, natural gas, gasoline, and elec- objection, it is so ordered. zation Program by $50 million. This ad- tricity. Earlier this year, one of the AMENDMENT NO. 1592 TO AMENDMENT NO. 1542 ditional funding will ensure that State largest suppliers of oil to American Mr. REED. Mr. President, I call up and local immunization programs can markets, Venezuela, ceased production amendment No. 1592. maintain their commitment to pro- as a result of political turmoil. A harsh The PRESIDING OFFICER. The tecting the health and well-being of cold snap occurred at about the same clerk will report. our children. One of our greatest successes in the time, causing home heating oil sup- The legislative clerk read as follows: plies to plummet and prices to surge area of public health has been the cam- The Senator from Rhode Island [Mr. REED], upward. paign to have all children properly im- for himself, Mrs. MURRAY, Mr. DURBIN, and munized by the age of two. During this More recently, we have run into a Ms. CANTWELL, proposes an amendment num- shortage of natural gas that has again bered 1592 to amendment No. 1542. century, substantial progress has been made toward eliminating and control- sent prices shooting upward. Three Mr. REED. Mr. President, I ask unan- ling many vaccine-preventable dis- weeks ago, 50 million Americans suf- imous consent that further reading of eases. Simply level funding this effort fered through the biggest blackout in the amendment be dispensed with. will not allow us to stay ahead of the American history. And finally, most The PRESIDING OFFICER. Without problem but to actually lose ground in recently, the price of gasoline rose objection, it is so ordered. this public health campaign. That is with unprecedented speed to approxi- The amendment is as follows: mately $1.75 per gallon. why I am proposing this amendment. These energy crises impose an espe- (Purpose: To increase funding for Immunization initiatives have a immunization services) cially heavy burden on our low-income proven track record of success. They families and on those of our elderly On page 61, between lines 14 and 15, insert are terribly cost efficient. Our efforts the following: who are living on limited incomes. today have resulted in high levels of SEC. ll. In addition to any amounts oth- Low-income families spend a greater erwise appropriated under this Act to carry coverage around the country and percentage of their incomes on energy out immunization programs under section record low numbers of outbreaks of dis- and have fewer options available when 317 of the Public Health Service Act (42 eases. In fact, by looking at this chart, energy prices soar. High energy prices U.S.C. 247b), there are appropriated an addi- you can see the success we have en- can even cause some families to choose tional $50,000,000 to carry out such programs: joyed with immunizations for vaccine- between keeping the heat on, putting Provided, That such amount shall not be preventable diseases, including diph- food on the table, or paying for much- available for obligation until September 30, theria, measles, mumps, polio, and ru- needed prescription medicine. 2004: Provided further, That the amount bella. These diseases struck fear in the These are choices no American fam- $6,895,199,000 in section 305(a)(1) of this Act hearts of Americans many years ago. shall be deemed to be $6,945,199,000: Provided Today, we see a record of success in ily should ever have to make. Despite further, That the amount $6,783,301,000 in sec- the hardship which energy emergencies tion 305(a)(2) of this Act shall be deemed to which diphtheria, for example, has impose on low-income Americans and be $6,733,301,000. been reduced by over 99 percent on an annual basis; measles has been reduced despite the frequency with which we Mr. REED. Mr. President, once again, by 99 percent; polio, which when I was have all been forced to suffer through I have to commend Senator SPECTER a young child was the most dreaded energy emergency after energy emer- and Senator HARKIN for trying their disease one could imagine, has been gency, the bill before us does not pro- best to meet extraordinary demands eliminated in the United States. This vide any contingency LIHEAP funds to with very limited resources. In this is a testament to the success of immu- respond to these kinds of emergencies. case, it is with respect to childhood im- nizations. We have to do more than Given the frequency with which we munization. This is an issue that is too what we were doing last year just to have been beset by energy crisis after often taken for granted because it has energy crisis, in my view it is only pru- maintain current services. been such a success throughout many Now, the other factor that we have dent that we plan ahead and that we decades in American public health. include some contingency funding to seen in terms of the success of immuni- They have tried extremely hard to ensure low-income families can get zation is the direct and indirect sav- maintain these funds. They did not ac- through the next energy crisis on the ings when it comes to health care cept the President’s proposal for a $28 horizon. costs. For example, for every dollar in- I hope we won’t have to use that million decrease from the previous vested in the hepatitis B vaccine for in- funding. I hope prices will be stable, year’s funding. fants at birth to 2 months of age, that that the winter will not be unusually Nevertheless, the CDC, the principal dollar saves $14.50 in direct and indi- harsh or long, and that there will be no Federal agency for immunization pol- rect costs. The mumps, measles, and energy emergencies in fiscal year 2004. icy and implementation, after enjoying rubella vaccine saves about $23, or ap- If there aren’t, if we are lucky or fortu- several years of increases, will only re- proximately $9 billion each year. This nate, then we will have no need to ceive a $5 million increase over last is an incredibly cost-effective program spend this money and we will all be year’s funding for global vaccine ac- as well as a very necessary program. much relieved. But just in case the fu- tivities. Regrettably, it is not suffi- We cannot rest on our laurels. We have ture repeats the past, doesn’t it make cient to continue meeting the chal- achieved this success, but if we relent sense, just in case there is another lenge of vaccinating all of our children and do not continue to put in the ef- shortage of home heating oil or natural and truly protect children from dis- fort, we will find ourselves with fewer gas or price spikes or heat-related cri- eases that are preventable through im- children immunized and higher inci- sis next summer, we be better pre- munization. dence of disease outbreaks. pared? Should we not set aside some States and public health authorities There is another factor, and that is funding to help those who will need the throughout the country are facing dif- at the time we are funding these immu- help the most? ficult issues of increased prices for vac- nization programs, we are discovering I call upon my colleagues to join Sen- cines and increased demands for serv- that science is making great break- ator REED and me in supporting this ices. These factors argue very strongly throughs and creating new vaccines, amendment which will set aside an ad- for increased funding, not level fund- but these vaccines add to the cost of ditional $300 million for energy emer- ing. the program. gencies. Right here in the District of Colum- This chart illustrates the rec- I yield the floor. bia, school began last week and the ommended immunization schedule in The PRESIDING OFFICER. Who school department is struggling to con- the year 2003—hepatitis shots, diph- seeks recognition? tend with thousands of children who theria shots, polio shots, et cetera. All

VerDate jul 14 2003 03:15 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.107 S09PT1 S11232 CONGRESSIONAL RECORD — SENATE September 9, 2003 of these are multiple dosages over a other reason why we have to insist—at to no one in my concern for the Cen- number of months. All of them are ex- least I feel it is important enough to ters for Disease Control and all their pensive or getting more expensive. So insist—that we increase funding for important operations on SARS, on what we have here is an increased de- this very important program. We all, HIV/AIDS, and the bioterrorist threats mand not only in terms of children but as I said initially, sometimes take for which now confront America. also in terms of the vaccines and the granted that our vaccine programs are Simply stated, I think we have done immunizations they must receive. working, that polio and rubella and a pretty good job in this vaccination The CDC is at the heart of our ef- measles are something of the past. area. Certainly, $50 million more might forts. This chart depicts the six stages You can just look around the country be nice under some circumstances, but or elements of a good immunization at some of the headlines we are seeing I think this program is adequately program: community assessment; out- in local newspapers: ‘‘Whooping Cough funded. reach and education; delivery of the Rates Soar in Three Oregon Counties.’’ The amendment offered by the Sen- recommended vaccines by providers; This one says ‘‘Tetanus Continues to ator from Rhode Island exceeds the followup; tracking; maintenance of Pop Up in the U.S.’’ ‘‘Officials Warn of budget and, therefore, Mr. President, I coverage rates and outbreak control. Pertussis Outbreak.’’ ‘‘Whooping raise a point of order under section On all of these efforts, CDC is using Cough Cases Could Double.’’ There are 302(f) of the Congressional Budget Act their resources by giving grants to other examples. and the allocation for this sub- States, by making vaccines available It reminds us that we cannot take committee. under their programs. immunization for granted. I know the The PRESIDING OFFICER. A point This is an involved, intricate, and, chairman has tried valiantly to put of order has been raised. frankly, expensive program that we more resources into this program. I Mr. REED. Mr. President, I move to must support. To do otherwise would urge my colleagues to do what they waive section 904(c) of the concurrent risk what I fear would be a lack of can to support this amendment so we resolution on the Budget for fiscal year progress in the days ahead with respect can increase funding for this very 2004 for purposes of the pending amend- to the protection of our children in worthwhile and very efficient program. ment, and request the yeas and nays. particular. I yield the floor. The PRESIDING OFFICER. Is there a Now, the next chart illustrates one The PRESIDING OFFICER. The Sen- sufficient second? other aspect of the dilemma that is fac- There is a sufficient second. ator from Pennsylvania. The yeas and nays were ordered. ing public health authorities—many Mr. SPECTER. Mr. President, there Mr. SPECTER. Mr. President, I ask more vaccines to be delivered, and also is no doubt about the tremendous need unanimous consent that a chart show- the cost of vaccines are going up, par- for adequate vaccines to protect our ing the extensive expenditures on this ticularly the latest vaccine added to children from a wide variety of mala- line be printed in the RECORD. the inventory, the pneumococcal vac- dies. The Senator from Rhode Island There being no objection, the mate- cine. The diagram describes the rec- seeks to add $50 million to existing ac- rial was ordered to be printed in the ommended vaccines in 1985. Back then, counts. I appreciate his acknowledg- RECORD, as follows: it was diphtheria, polio, and 1–2 MMR, ment of the work which Senator HAR- or measles, mumps and rubella. Also, KIN and I have already done on the ap- IMMUNIZATION PROGRAMS IN THE FISCAL YEAR 2004 BILL notice that the cost per child was very propriations for vaccines. The current bill has almost $3 billion Fiscal Fiscal Fiscal low, relatively speaking. Today, in year 2002 year 2003 year 2004 2003, with additional vaccination re- for vaccination programs. Health Re- quirements, that cost has shot up sig- sources and Services Administration Health Resources and Services Admin- istration (in millions) ...... $1.6 $1.6 $1.6 nificantly. So the range is almost $450 has $1.6 billion. The Centers for Disease Centers for Disease Control and Pre- compared to $50. That is putting a Control and Prevention has $1.65 bil- vention (in billions) ...... 1.617 1.683 1.655 Vaccines for children (in billions) ...... 1.145 greater burden on States, causing an lion. From that, $1.14 billion is for vac- Centers for Medical and Medicaid additional need for Federal resources. cines for children. The Center for Medi- Services (in millions) ...... 270 285 300 Vaccine development, NIH (in millions) 610.2 962 988 One of the things that is happening cine and Medical Services has $300 mil- because of the clash of demand and lion related to an immunization pro- Total in Labor-HHS bill (in bil- lions) ...... 2.498 2.731 2.944 limited Federal resources is that, in gram. The vaccine development at NIH Indian Health Service (in millions) ...... 1,526 1,556 1,580 some cases, we are seeing a two-tier has almost $1 billion—$988 million. In immunization system. Now, 32 States addition to the funds provided in this The PRESIDING OFFICER. The Sen- have implemented the new pneumo- bill, Indian Health Services has $1.526 ator from Rhode Island. coccal vaccine using Section 317 funds; million. Mr. REED. Mr. President, I ask unan- 19 States have not done it. So in many I suggest when we are dealing in the imous consent that the pending amend- respects, these 32 States are on the $3 billion range, there has been very ment be laid aside. leading edge of providing total protec- substantial consideration, really ade- The PRESIDING OFFICER. Without tion—or as much as we can ensure quate consideration for this important objection, it is so ordered. today for children—and yet 19 States issue. AMENDMENT NO. 1596 TO AMENDMENT NO. 1542 are lagging behind. The principal rea- The Centers for Disease Control is an Mr. REED. Mr. President, I call up son for that is the inability to finance installation which has received special amendment No. 1596 with respect to these new vaccines. Another very im- attention from this Senator. Three museums and libraries. portant reason we must, I believe, in- years ago, I made a trip to the CDC The PRESIDING OFFICER. The crease the appropriation this year for when I heard that it was in deplorable clerk will report. our immunization program. condition and I found prize-winning The legislative clerk read as follows: You can see by these charts that we scientists with desks in hallways and The Senator from Rhode Island [Mr. REED], are beginning to lose a little bit of poisonous materials unguarded in hall- for himself, Mr. KENNEDY, Mr. BINGAMAN, Mr. CORZINE, Mr. LEVIN, Mr. LAUTENBERG, Mr. ground. This was 2001. The blue figures ways. SARBANES, Mrs. BOXER, Mr. SCHUMER, Mr. are the highest levels of vaccination, With the cooperation of the ranking JOHNSON, and Mrs. FEINSTEIN, proposes an ranging from 80 to 89 percent. The yel- member, Senator HARKIN, we made an amendment numbered 1596 to amendment low are the passing, if you will, 70 to 79 immediate addition of $170 million and No. 1542. percent. The red is 60 to 69 percent of added to that $250 million, and last Mr. REED. Mr. President, I ask unan- coverage. year $250 million, and have increased imous consent that the reading of the Back in 2001, there was one State, the administration’s request by some amendment be dispensed with. Louisiana; and in 2002, because of $300 million this year with an addi- The PRESIDING OFFICER. Without strained resources, we are seeing many tional $250 million for capital improve- objection, it is so ordered. more red States show up. They are ments. The amendment is as follows: Louisiana, Oklahoma, Colorado, New This past Saturday, I traveled to At- (Purpose: To increase funding for certain Mexico, and other States are on the de- lanta and took a look at the Centers literacy, library, and museum programs) cline in terms of coverage. This is an- for Disease Control. I take second place At the end of title III, insert the following:

VerDate jul 14 2003 03:15 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.110 S09PT1 September 9, 2003 CONGRESSIONAL RECORD — SENATE S11233 SEC. 306. (a) In addition to any amounts Among the many aspects of the bill If we do not follow through with this otherwise appropriated under this Act, there that passed was providing for a dou- funding, we are going to inhibit the are appropriated, out of any money in the bling of the minimum allocation to ability of libraries to serve their neigh- Treasury not otherwise appropriated— each State, which is very important to borhoods. We are going to inhibit the (1) an additional $15,081,000 to carry out smaller states like Rhode Island. Also, subpart 4 of part B of title I of the Elemen- ability of libraries to take part in lit- tary and Secondary Education Act of 1965; it established a reservation of 1.75 per- eracy programs which is one of the cen- (2) an additional $24,100,000 to carry out the cent for museum services for Native terpieces of the President’s overall Library Services and Technology Act; and Americans, to match the reservation educational policy. We see it every day (3) an additional $5,182,000 to carry out the currently provided for library services. in our hometowns and across our Museum Services Act. We are charting down a new reau- States, where libraries cut back hours, (b) Of the funds appropriated in this Act thorization path but, unfortunately, we cut back access, cut back collections for the National Institutes of Health, have not been able to, in this appro- and, indeed, as many States face fiscal $20,000,000 shall not be available for obliga- priations bill, match the design for crises, one of the first areas that is cut tion until September 30, 2004. that authorization. Indeed, this is one (c) The amount $6,895,199,000 in section in State budgets is libraries and muse- 305(a)(1) of this Act shall be deemed to be of those situations in which the Presi- ums. $6,939,562,000, and the amount $6,783,301,000 in dent’s budget is much more robust I believe we should be able to, hope- section 305(a)(2) of this Act shall be deemed with respect to funding than the Ap- fully, step into the breach and help a to be $6,738,938,000. propriations Committee’s proposal to bit more. Mr. REED. I thank the Chair. the Senate. The President sometimes My amendment would also boost Mr. President, once again, I rise to gets criticized for not following funding for the Museum Services Act offer my final amendment of the through, and then we have to do more. by $5.18 million to again reach the evening, and I again commend Chair- This is a case where the President’s President’s funding request. Our muse- man SPECTER and Senator HARKIN for proposals have been strong with re- ums are key partners not only of our their efforts. spect to museums and libraries. educational programs but also of our My amendment is designed to in- For example, in the No Child Left Be- culture and our national memory. I crease funding for libraries and muse- hind Act, we authorized a program hope we can increase funding in this re- ums. I am pleased to be joined by Sen- called Improving Literacy through gard. School Libraries. This program is de- ators KENNEDY, BINGAMAN, CORZINE, This is a modest amendment, in total signed to provide library resources to LEVIN, LAUTENBERG, SARBANES, BOXER, increasing resources by $43.36 million schools throughout this country, a cen- SCHUMER, JOHNSON, and FEINSTEIN in that will directly help our museums offering this critical amendment. tral part of learning. The bill before us and libraries throughout the country. The appropriations bill before us es- would fund that at $12.4 million. The I reiterate that I understand the dif- sentially levels or cuts the funds in the President requested $27.5 million be- ficult challenge both Senator SPECTER library and museum accounts for this cause I believe both the President and and Senator HARKIN face in trying to fiscal year. the First Lady recognize the impor- fund all of these programs. I think they The Federal Government has a long tance of school libraries and books and would be the first to point out how val- history of supporting our Nation’s li- materials for those libraries. uable they are. I feel very moved to I was the principal author of this leg- braries and museums. The Federal Gov- point out how I believe we can do bet- islation in the Health, Education, ernment started providing direct as- ter. In this case, simply matching the Labor, and Pensions Committee, and I sistance to public libraries in 1956 and President’s request would do much bet- feel very strongly that we must make a ter. funding to museums in 1976. So this is greater commitment to our nation’s My amendment is fully offset for fis- a function we have taken on for many school libraries. Too often when you go cal year 2004. It achieves this by re- decades. to a school library, you find books that scinding fiscal year 2004 advance appro- We all understand that museums and are out of date—vastly out of date—or priations and reappropriating those libraries are rich sources of culture and books that are insufficient in number funds in fiscal year 2003. This is the learning. They are part of the fabric of or quality for students to truly learn. same mechanism Chairman STEVENS our intellectual and civic life in every Indeed, in an ideal world, every and Chairman SPECTER used to add $2.2 community, small and large, through- young American should have two li- billion to the underlying appropria- out America. Libraries have been the braries to call upon: A good school li- tions bill. foundation of education for years. They brary and a good neighborhood public I urge my colleagues to support mu- are vital sources of literacy training, of library. This will allow them to learn, seums, libraries, and the Reed amend- community activities, and so many to explore, and to understand that edu- ment. things that are important to the qual- cation is not just the hours in school, I yield the floor. ity of life in every community in but it is every opportunity they have The PRESIDING OFFICER. The Sen- America. Our museums bring into the to read and to explore on their own. ator from Pennsylvania. lives of our people great art, scientific I hope we could raise our efforts to Mr. SPECTER. Mr. President, I op- discoveries—indeed a host of discov- increase the level of funding to $27.5 pose the amendment by the Senator eries and amazing items that educate, million, the President’s proposal, and from Rhode Island with some trepi- inform, and, inspire the people of this not the funding level contained in the dation, because of two factors: My sis- country. These institutions are more bill. Indeed, the President, in his state- ter Shirley Katy is a professional li- important now than ever because we ment of administration policy on this brarian, and my sister Shirley Katy is must recall our past to deal with a bill, said: reportedly watching this debate on C– very difficult present and a challenging The administration also urges the Senate SPAN. Senator HARKIN just said, sotto future. to provide the full request for . . . Literacy voce—I had better be careful. These facilities are also in great de- Through School Libraries. That is one of the problems of being mand. If you speak to librarians and My amendment will also increase a manager of a bill. You have to try to museum directors, they would like to funding for the Library Services and keep the bill within the budget resolu- stay open longer and offer additional Technology Act by $24.1 million to tion, within the budget allocation. If it programs and services because the de- bring the new total to $171.48 million. conflicts with the longstanding inter- mand is there, but the funds are not This increase in funding for the Li- ests of my sister Shirley Specter Katy, there. brary Services and Technology Act that is just one of the costs of being We are facing these issues and facing would reach the President’s funding re- the manager of the bill. this appropriations bill just a few quest of $169.6 million for library State I might say parenthetically, and not weeks after we passed the Museum and grants plus provide an additional $1.6 too much at length because of the Library Services Act of 2003. This body million needed to double the minimum hour, that my sister was a great inspi- passed it with strong, bipartisan sup- State allotment which is a key reform ration to me on developing early read- port. It would reauthorize these Fed- in the recently passed Museum and Li- ing habits. It actually led to my down- eral programs for the next 6 years. brary Services Act of 2003. fall; I became a lawyer. She was always

VerDate jul 14 2003 03:15 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A09SE6.032 S09PT1 S11234 CONGRESSIONAL RECORD — SENATE September 9, 2003 with a book. She has been a librarian the Department of Education from im- income—hard-working, middle-class in the Elizabeth, NJ, school system for plementing recent changes in student families. Expected family contribution many years. She recently retired. aid eligibility that will reduce finan- then is subtracted from the cost of edu- From her and from my educational cial aid to college students by billions cation for that year to determine a stu- experience generally, I have great rev- of dollars starting in the fall of 2004. dent’s need for the purpose of Federal erence for libraries. I would like to see Let me repeat that—billions of dollars. aid, such as Pell grants. The expected the libraries funded even more than These changes come at a time when family contribution is also used by they are. The Institute of Museum and tuition is rising dramatically, double many State and private institutions. Library Services has an appropriation digits in many of our State schools This is important to understand. This of $243,889,000. Notwithstanding the dif- across the country; just 9 percent in doesn’t just apply to Pell grants; it ap- ficulties of the budget, we were able to the State of New Jersey. Students and plies to private institutions as well, all maintain that figure. working families are straining to pro- kids who are going to school, not in It is worth noting that the figure is vide the financial wherewithal to ac- every instance but in most instances. $1,865,000 above the President’s request. cess America’s promise of access to It impacts their ability to get financial Here again, I would like to see more higher education. aid and basic allocation of financial as- money in libraries, but we simply do This challenge to working Americans sistance for both loans and grants not have the money within the budget has been vividly documented in a fea- across the country. resolution or within the allocation for ture article in U.S. News & World Re- In other words, changes in a stu- this subcommittee. Therefore, it is port September 8, entitled ‘‘Beyond dent’s expected family contribution with reluctance that I raise a point of Their Reach.’’ has direct impact on that student’s eli- order that this amendment exceeds the I ask unanimous consent that a copy gibility for all kinds of financial aid. budget resolution and therefore is not of that article be printed in the RECORD As a student’s expected family con- in order. at the conclusion of my remarks. tribution goes up, their eligibility for The PRESIDING OFFICER. A point The PRESIDING OFFICER. Without financial aid goes down. of order has been raised. objection, it is so ordered. As I noted earlier, the way the stu- dent’s expected family contribution is Mr. REED. I move to waive the Budg- (See exhibit 1.) calculated is similar to the way Fed- et Act under Section 504 for purposes of Mr. CORZINE. It goes through tui- eral taxes are calculated. One of those the pending amendment and ask for tion hikes. It goes through how Federal similarities is the fact that you get the yeas and nays. funding for grants and loans has not kept pace with the rise in tuition. It credit for State and local taxes that The PRESIDING OFFICER. Is there a you pay. For income tax purposes we sufficient second? talks about students having to work many additional hours to be able to call it a deduction, and it reduces the There is a sufficient second. amount of your taxable income. In the The yeas and nays were ordered. meet the financial stress. It is a very complete review of what the burden on financial aid world it is called an al- The PRESIDING OFFICER. The Sen- lowance, but it works in a similar way. ator from New Jersey. working families is with regard to pay- ing for higher education and having ac- A student’s family gets an allowance AMENDMENT NO. 1602 TO AMENDMENT NO. 1542 cess to the American promise that pro- for paying State and local taxes. This Mr. CORZINE. Mr. President, on be- vides. allowance then reduces the amount of half of myself, Senator LAUTENBERG, their student’s expected family con- I put that into the RECORD because it and Senator CLINTON, I send an amend- sets the framework for what I am talk- tribution. So, as the State and local ment to the desk and ask for its imme- tax goes up, the student’s expected ing about with regard to these regula- diate consideration. family contribution goes down. The eli- tions on financial aid. gibility for financial aid goes up. If the The PRESIDING OFFICER. Without I will explain these cuts in student allowance goes down, the opposite hap- objection, it is so ordered. The pending aid which I feel are inappropriate for pens: A student’s family gets less cred- amendments are set aside. The clerk the times, but I think I can show they it for paying State and local taxes and will report. are totally unfair within the context of the student is eligible for a smaller The legislative clerk read as follows: what is happening in the real world. amount of financial aid. This gets at The Senator from New Jersey [Mr. This is a case where people in the De- the heart of the problem, this issue I CORZINE], for himself, Mrs. CLINTON, and Mr. partment of Education are operating LAUTENBERG proposes an amendment num- am trying to address tonight. bered 1602 to amendment No. 1542. off of information that is dated and is The allowance for State and local not applicable to the current cir- Mr. CORZINE. Mr. President, I ask taxes is not determined for families cumstances. based on what they pay; it is not indi- unanimous consent that the reading of I will take a few minutes to explain the amendment be dispensed with. vidualized; it is determined by the De- the situation, which is not imme- partment of Education, and through The PRESIDING OFFICER. Without diately obvious, but it is very clear it objection, it is so ordered. publication in the Federal Register undermines access to higher education they establish those for each and every The amendment is as follows: in a very substantial way. On May 30 of (Purpose: To restore cuts in student aid) State. this year, the Department of Education Each year, the Department of Edu- At the end of title III add the following: changed the formula for determining cation publishes a table, and the per- SEC. 306. None of the funds provided under eligibility for Pell grants and other centage of income that family can de- this Act shall be used to implement or en- types of Federal financial aid. The for- force the annual updates to the allowance for duct from their income as an allowance State and other taxes in the tables used in mula is complex. It looks a lot like a for paying State and local taxes is es- the Federal Needs Analysis Methodology to tax return. I guess people have to go to tablished. Until this year, the Depart- determine a student’s expected family con- H&R Block to figure it out, but it is ment of Education had not changed tribution for the award year 2004-2005 under very clear what this does. A family these allowances in 10 years. Let me re- part F of title IV of the Higher Education starts with their gross income and peat: They had not changed these al- Act of 1965 (20 U.S.C. 1087kk et seq.) pub- through a series of calculations sub- lowances in 10 years. Somehow or an- lished in the Federal Register on Friday, tracts from that their income to cal- other they decided to do it this year May 30, 2003 (68 Fed. Reg. 32473), to the ex- culate what is called the expected fam- tent that such implementation or enforce- but had not done it in 10 years, while ment of the updates will reduce the amount ily contribution. They start with gross State and local taxes are moving up of Federal student financial assistance for income and subtract away a number of and down in different amounts in all which a student is eligible: Provided, That of items to get to expected family con- different environments. On May 30 they the funds appropriated in this Act for the tribution. decided to slash the allowances across National Institutes of Health, $200,000,000 As the name implies, this is the the board. shall not be available for obligation until amount a family is expected to con- I will just show you this chart, show September 30, 2004. tribute toward the college education of what actually is taking place in many Mr. CORZINE. Mr. President, my their child in any given year, at least States. I would like to show, for in- amendment is simple. It would block for those families above $15,000 in gross stance in South Carolina, they would

VerDate jul 14 2003 03:15 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.115 S09PT1 September 9, 2003 CONGRESSIONAL RECORD — SENATE S11235 argue taxes fell from 7 percent to 3 per- damage from the Department’s action of a lady named Lynn Caputo of Massa- cent, so they reduced the allowance by would just affect the Pell Grant Pro- chusetts, one of hundreds of thousands 57 percent. gram, Mr. Fitzgerald said: of students going through this process If I am reading this correctly, the It doesn’t stop there. It will have a ripple about which I spoke. Presiding Officer, who lives in Mis- effect through all the other financial aid pro- I am not going to read this article. grams—State grants, loans and institutional souri—they have gone from 5 percent We have a quote here that shows how to 3 percent and they reduced the al- dollars. The cumulative effect will be much deeply flawed this is when you apply it lowance for Missouri citizens 40 per- larger. to an individual. Ms. Caputo lost a fa- cent, the deduction to change the eligi- Bryan Zucker, president of the ther. By these calculations, she will bility for families to access financial Human Resources Capital, in the same lose over $1,000 in financial aid next aid. New York Times article stated: year. Just at the time when her per- You can go through this chart for [I]n aggregate, there’s no question that sonal situation is changing, taxes are every State. Local tax allowances were we’re talking about a swing of billions of dol- cut in every State but one, Con- lars [in financial aid.] going up in Massachusetts. By these necticut. Some of those allowances I think it is important that we have standards of how we deal with expected were 100 percent, 50 percent, 80 percent. laid out these facts, that tinkering family contributions, she is doing bet- New Jersey is one of the lucky ones; it around with the formula is going to ter than she would have been doing be- was only 14 percent. end up undermining the ability of lit- fore. It is very hard to understand how I see the Senator from Pennsylvania. erally hundreds of thousands of middle- that fairness fits with the reality of Pennsylvania’s cut was, if I am reading class Americans to have access to fi- the world in which we live. it correctly, 50 percent. nancial aid grants and loans. It is Eighty-four thousand students are It is important that people under- going to make something that is al- losing Pell grant loans, and 270 million stand that, again, this is determining ready very difficult even more trou- of them broadens it out to billions of financial eligibility of families on a bling, to have access to higher edu- dollars when you take into account all very wide basis. We can talk about cation. of the other higher education needs. each of the States and how much is I think it is very difficult to under- I think we need to do something being cut. Almost every State except, stand why we are doing it. about this. We can do that without im- as I suggested, Connecticut has reduced Let’s put this in the context of what pinging on our budget formulation. the allowances we have here. is going on in our States. The Depart- That is what my amendment would do. The bottom line is students and their ment of Education is reducing the al- families all across America will get lowance families get for paying State It says the Department of Education less on allowance for State and local and local taxes. But I think everyone cannot use any funds to implement taxes next year for purposes of apply- in this Chamber knows State and local new State and local tax allowances to ing for Federal financial aid. I repeat, taxes are not going down; they are the extent that they would reduce aid it also applies for many private institu- going up. According to the National for any student. tions and private aid beyond that. Association of State Budget Officers, By the way, there are some technical As a result, the expected family con- States raised taxes by more than $8 bil- things about one class of students here tribution, what families are expected lion in fiscal year 2003 and already plan or there. But the vast majority are los- to contribute, will go up for nearly all to enact additional tax increases of ing. American families and students. While over $17 billion for 2004. I should note that the amendment is It is likely through the 2003 and 2004 the financial aid impact will vary from fully offset by provisions to delay the period that we will see State taxes go family to family, it is clear that an in- obligation of $200 million in NIH funds up by $25 billion, compared to what the crease will reduce aid for many stu- until September 30, 2004. As a practical Department is using, where they are dents. matter, this should have no real im- I am having a hard time under- saying they are going down. That is be- pact on their operations or change standing, as I read the newspapers and fore we take into consideration what is their needs. We are talking about a se- I hear that State income taxes and happening at the local level, local tax- rious impact on a broad swath of mid- local income taxes are going up, why ation in many places. dle-class Americans having access to we have decided to implement this I want to use one example. Students financial aid. today. and families in Pennsylvania, for ex- This is a very hard thing to calculate ample, will have their State and local This isn’t partisan. There are Repub- for a lot of different issues, but one of tax allowance cut from 6 percent to 3 lican States and Democrat States. This the places the Department of Edu- percent. For purposes of this calcula- is just bureaucracy not keeping up cation has worked with CRS is with re- tion, Pennsylvania families will get 50 with the times. gard to local allowances as they apply percent less credit next year than they Let me repeat that they haven’t to Pell grants. They have acknowl- did this year. But in fact the senior changed these formulas in 10 years. edged that there will be 84,000 students Senator knows, State taxes are going They somehow or other woke up on across America who will lose their Pell up in Pennsylvania. In fiscal year 2003 May 30 and thought we needed to grants entirely. Not everybody is going they were raised by $569 million, and in change these formulas. They have not to lose them. Some are going to lose 2004 Pennsylvania is planning more in- done it for 10 years. Now they are re- just a portion of their eligibility. I will creases. I don’t think that is fair to ducing that allowance for taxes at just go through an example later. Pennsylvania any more than I think it the time taxes are going up. I don’t get We know that for those 84,000, that is would be fair in New Jersey. In fact, we it. We are trying to do this in a fiscally a $270 million drop in the amount of fi- have many of the same situations. sound way by getting an offset. I think nancial aid being provided for students I think you can go State by State we can make a big difference in a very in grants across the country. The fact and look at it, look at this possibility. substantial way for a lot of folks. It is, if you sum it up for those who are I will not go through each State but I will not cut Pell grants in any way. I partially participating and all the oth- think you can calculate it for every think it will make a big difference in ers, we are talking about billions of State but Connecticut and you will see providing access to higher education dollars. I emphasize, it is not just Pell there is a loss. State taxes are going for kids who are really stretched. grants. up. Local taxes are going up. The only Listen to the assessment of Bryan people who do not realize it seem to be I hope the Senate will consider this Fitzgerald, the Director of the Advi- the Department of Education. tomorrow. It really is something that I sory Committee for Student Financial I want working families to have an think goes to the heart of everyone in Assistance, created by Congress to ad- opportunity at this American dream. I this Chamber. We are not talking vise it on higher education. Mr. Fitz- think this needs to be done. about costing money. We are talking gerald was quoted in the New York I also would cite this article about about costing working families in Times on July 18. Asked about whether which I spoke. There is a specific case America money.

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EXHIBIT 1 years, up to a maximum of $22,265. The gov- than $8,000 per year. But low-income stu- [From the U.S. News and World Report, ernment pays the interest—currently 3.42 dents can’t afford even small jumps in their Sept. 8, 2003] percent—until the student has been out of share of college costs. For the poorest fami- BEYOND THEIR REACH school for six months. Students not deemed lies, the cost of attendance at a public uni- needy can take out unsubsidized Stafford versity is more than half their income. And (By Rachel Hartigan Shea) loans; parents can turn to Parent Loans for according to a study last year by the Depart- In July, administrators of tiny Unity Col- Undergraduate Students. Both also boast low ment of Education’s Advisory Committee, lege in Maine tagged 100 fish with vouchers rates. there is a $3,800 gap between what families in totaling $165,000 in scholarships and other It sounds like a pretty good deal. But more the lower income brackets need to attend goodies and dumped the finned financial aid loans means more students (who are today public universities and the financial aid they into a nearby lake. Nearly 100 students and outborrowing their parents) are paying the receive. parents pushed off from shore in canoes, bulk of their college costs. ‘‘The student aid Some states, like Arizona, have tried to kayaks, and rowboats, all hoping to snag the system was based on the parental responsi- shield the neediest students. ‘‘We ran the big one: a fish carrying the $56,800 that would bility to pay for college,’’ says Brian Fitz- numbers to see how we can increase tuition cover four years tuition at the private col- gerald, staff director of the Department of and set aside enough to hold the most needy lage, known for its outdoorsy majors such as Education’s Advisory Committee on Student harmless,’’ says Jack Jewett, former presi- aquaculture and forestry. Financial Assistance. ‘‘Loans mean it’s the dent of the state’s board of regents, who It was a good day to be a smallmouth bass. actual student who is bearing the burden.’’ notes that 14 percent of all tuition revenue After seven hours, all but one of the students Nationwide, student debt is up 66 percent will be funneled into financial aid. participating in Unity’s first annual ‘‘Fish- since 1997. But many states are coming up short. Indi- ing for Scholarships’’ paddled back empty- Take Erin Brindell, a 21-year-old from St. ana managed to boost spending but not handed. Mike Bradford, a sophomore from Louis. In April, her father, an accountant, enough to cover higher tuition, so it will Bear, Del., reeled in a $50 tuition coupon and took early retirement rather than risk los- now have to limit the amount of the awards. a free sea-kayaking trip donated by a local ing his job. Her mother, a teacher who’s been And Minnesota couldn’t give out any grants merchant. Nice, but it hardly covered those fighting cancer, also retired. With Brindell’s to new college students last spring, despite hefty college bills. family income down almost 60 percent from an extra $8 million in the budget, because A lot of families these days feel as if last year, and two other siblings in college current students had already consumed the they’re facing college costs without enough (another four have already graduated), the available money. ‘‘I think that policymakers funds on the line. Salaries are flat, jobs are senior asked her school, a private university are siding with aid programs more than in- scarce, investments haven’t fully recovered in Missouri, for more aid. The college said it stitutions in terms of cuts,’’ says Kristin and savings are tapped out. Financial aid was out of money and pointed her to a state Conklin, a senior policy analyst with the Na- can’t seem to keep pace with financial need, loan agency. She borrowed $9,700, bringing tional Governors Association, ‘‘but that rel- and now the Department of Education has the grand total of her debt upon graduation ative protection is not translating into more tinkered with the financial aid formula to next spring to $60,000. Brindell, who is major- buying power for students.’’ some families’ detriment [story, Page 54]. ing in secondary education, will end up pay- Tuition, particularly at state schools, con- ing for what her family could not, which Individual universities are exhausting tinues to rise. Families aren’t alone in their promises to be a struggle on a teacher’s sal- their financial aid dollars as well. Take Penn anxiety: Colleges, too, wonder how they will ary. State: While it raised tuition 9.8 percent to pay the bills, with endowments down 6 per- Deep debt. This fall, Congress will consider about $9,500 for incoming freshmen, it has cent last year, the biggest drop since 1974, raising the Stafford loan cap during the re- lost $45 million in state funding over the and 25 states cutting higher education appro- authorization of the Higher Education Act. past two years. ‘‘Something would have to be priations by as much as 14 percent. Many The combination of low interest rates and a traded off, like competitive wages for faculty schools have had to cut classes and sports higher limit, some education experts argue, or forgoing already delayed maintenance on teams, freeze salaries, and lay off employees will help more students pay for college with- buildings,’’ says Anna Griswold, an assistant to deal with the budget shortfalls. out resorting to private loans, which gen- vice provost. Yes, it looks like a crisis. But before you erally have higher interest rates and require But there may be another significant rea- despair, listen to this: It’s still possible to quicker repayment. But critics respond that son why there’s not enough money to go get help paying for college. There’s more fi- the debt load is already too high and looms around. Some critics say that too much is nancial aid money available today than ever darkly over students’ futures, forcing them being spent on merit aid. Over the past dec- before, and more students are getting a piece to consider majors—and careers—based on ade, state grants have gone up 447 percent, of it. But the piece is smaller, and it might potential earnings rather than academic in- but much of that is not need-based. Since be in the form of an IOU. It all adds up to a clination. Some experts suspect a higher 1993, the Georgia HOPE Scholarship, the substantial shift in who ends up footing a big loan limit would not translate into more aid: granddaddy of all the state scholarship pro- chunk of the bill for college: you. ‘‘Students Institutions will just reduce grant aid by the grams, has doled out more than $1.9 billion and their families are paying more of the extra amount students can borrow. to more than 693,000 students with B aver- share than they did a decade ago,’’ says Don- At the same time that federal policy is in- ages or better in high school. But programs ald Heller, senior research associate at the fluencing the growth of loans at the expense like Georgia’s tend to favor middle- and Center for the Study of Higher Education at of grants, states are driving up public uni- upper-class students whose families probably Penn State. versity prices and accelerating the cost shift could afford college without a scholarship. Financial aid was originally designed, of to students. State support for universities And with several states funding the merit course, to make college affordable for every- has been steadily declining over the past two programs through lotteries, a 2002 study by one. In 1965, Lyndon B. Johnson signed the decades. Legislators see that colleges have the Civil Rights Project at Harvard Univer- Higher Education Act which gave colleges sources of funds like tuition and private do- sity argues that lottery players, who are government grants to distribute to needy nations that other pressing budgetary needs ‘‘disproportionately low income, poorly edu- students and established a loan program for like primary education and healthcare do cated, and black,’’ are paying for the college the middle class. Seven years later came the not. And the recent fiscal crises have just ex- education of these better-off kids. The study debut of the Pell grant, the primary funding acerbated the decline. This year was the found that 12 states with merit programs mechanism for low-income students. In its third in a row of drastic cuts to university gave out nearly three times as much money early years, the Pell—with a maximum funding nationwide. The Maryland univer- for those scholarships as they did for need- award of $452 based on family income—cov- sity system lost 14 percent of its budget, based aid. ered as much as 84 percent of college costs. while California lost $700 million of the $9 Not surprisingly, colleges limit their fi- But while federal spending on Pell grants has billion it usually spends on higher education. nancial aid bills by being choosy in the ad- gone up 8 percent since 1991, tuition and fees Experts predict an additional 2.3 percent de- missions game. ‘‘If a student is marginal and have increased by 38 percent. The Pell’s cur- cline next year. And remember this all has money, his chances of being admitted are rent maximum of $4,050 covers roughly 39 comes at a time when many states expect better than a student who is marginal and percent of the average cost of tuition and higher enrollments. Nevada, for example, is has no money,’’ says Robert Massa, vice room and board. And with the White House bracing for a 33 percent boom in high school president for enrollment, student life, and and Congress eager to limit spending, it’s un- graduates by 2007. college relations at Dickinson College. That likely that the Pell will be raised this year. So what can the state systems do? Mostly, said, the private Pennsylvania school, which Gap math. Because of the high cost of raise tuition. The tab at the University of finances most of its aid through tuition, en- grants, the federal government in the late Virginia and the University of California rolled more students this year because the 1970s began turning to loans to fill the gap shot up 30 percent this year; the University class as a whole was needier. ‘‘Those addi- between federal grants and family need. Two of Arizona’s, nearly 40 percent. And many of tional 30 students are helping us afford fi- thirds of federal aid now comes in the form the increases are on top of previous tuition nancial aid to assist the entire student popu- of loans. Subsidized Stafford loans allow stu- spikes; 16 states raised tuition by more than lation,’’ says Massa. Just a few dozen dents with demonstrated need to borrow up 10 percent last year. Of course, state univer- schools—all of them private—still pledge to $2,625 their first year ($6,625 for inde- sities are still a bargain for in-state stu- that a student’s financial need won’t influ- pendent students) and more in subsequent dents, almost 70 percent of whom pay less ence the admissions process and that they’ll

VerDate jul 14 2003 03:15 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A09SE6.051 S09PT1 September 9, 2003 CONGRESSIONAL RECORD — SENATE S11237 meet the full need of the students they ac- stantive change in law. We have very public what some of the changes are. I cept. Trouble is, poorer students are gravi- few amendments offered. We have to think it is important that we do what tating to the few need-blind colleges that are reach some substantive objective by is necessary to make sure higher edu- left. ‘‘Places like Macalester are reaching a limitation of funding. cation is openly available to every stu- point where we have to consider not being need blind,’’ says Michael McPherson, the If it is something which is fairly di- dent and to every family. Minnesota college’s former president. rect, I would think it appropriate. But That is what the amendment is Looking up. Yet there are bright spots on where you have something which is as about. It is very simple. It is not the horizon. Institutional aid from private complicated as this matter is—there changing the law. It is dealing with an universities rose almost 197 percent in the have been no hearings on it, there has issue of regulation. The Department of past decade. Schools with generous endow- been no opportunity for the Secretary Education has chosen to deal with one ments can purposely keep loans to a min- of Education to come in to offer an in 10 years. It is going to change the imum. ‘‘A one-year downturn doesn’t nec- opinion, there has been no opportunity flow of funds that is made available— essarily severely impact our ability to main- for the Secretary of the Treasury to Pell grants, loans, and other financial tain our [financial aid] policies,’’ says Jo- aid—to students across the country. seph Russo, director of financial aid at Notre come in and offer an opinion. Dame. And a group of wealthy schools We have an article from U.S. News & I would be more than happy to pro- (called the ‘‘568 Group’’ for a section of fed- World Report which I can’t even get a vide my own copy of U.S. News & eral law that allows them to collaborate) are copy of. I sent over for a copy a few World Report. But they didn’t do the giving out more grant aid this year, having minutes ago so I could have an oppor- analysis. The analysis was done by the decided to cap home equity at 2.4 times a tunity to read it and so I would be in a Congressional Research Service in a family’s income in its eligibility test. (The position to know a little something study provided to the Department of federal government does not count home eq- about what the Senator from New Jer- Education. uity when assessing need.) So, those families I hope we can consider this not on whose home prices shot up while their sala- sey offers an amendment to effect, as he calls it, a ‘‘swing’’ of billions of dol- the basis of publications but looking at ries stagnated will find themselves with bet- it from the effective study of some of ter aid offers. lars. I would not like to swing on bil- Even Erin Brindell, with her $60,000 debt, lions of dollars on a U.S. News & World the Government agencies that have isn’t gloomy. ‘‘I can’t worry too much,’’ she Report article I can’t even get a copy looked at it. says. ‘‘I’ve had a great college experience.’’ Mr. HARKIN. Will the Senator yield? to read. Mr. CORZINE. Certainly. Mr. SPECTER. Mr. President, will The Senator from New Jersey has an Mr. HARKIN. First, I thank the Sen- the Senator from New Jersey yield for amendment. It would have been helpful ator for his amendment on issues at a question? to have had it in advance of the mo- NIH. I very seldom disagree with my Mr. CORZINE. Sure. ment when he offered it. If he is relying esteemed friend and chairman of the Mr. SPECTER. Has the Senator from on an article, it would have been help- subcommittee, Senator SPECTER. I may New Jersey considered offering legisla- ful to have the information. have a slight disagreement here. tion which would be taken up by the I am very much concerned about A couple of questions: First, I noticed Committee on Health, Education, what is proposed to be an offset here. on the chart that the deduction for my Labor, and Pensions? I believe he is a The last part of his amendment, which State of Iowa was 57 percent. That member of that committee. I have just seen, provides that the looked to be one of the highest of all Mr. CORZINE. I wish I were. I wish funds appropriated under this act to the States, if I am not mistaken. Is a the Senator from Pennsylvania could the National Institutes of Health—$200 57-percent reduction correct? make the argument that I could be on million—shall not be available for obli- Mr. CORZINE. The distinguished that committee. I would be happy to be gation until September 30, 2004. Senator from Iowa is reading the chart on that committee. Anybody who tampers with the fund- correctly. Mr. SPECTER. I withdraw that por- ing of the National Institutes of Health Mr. HARKIN. Would the Senator tion of my question. for any amount of money is going to state what that would mean? Give me I ask the Senator: Isn’t it true the draw strenuous objection from this some idea what that might mean for a Senator can offer an amendment which Senator. The ranking member, Senator family in Iowa that applied for student would be considered by that com- HARKIN, and I have worked for many aid, has been getting student aid, a son mittee? years to double NIH funding from $12 or daughter going to a private college— Mr. CORZINE. I very much will con- billion to $27 billion. On a murky Simpson College or Graceland or sider looking at all of the various amendment such as we have today and Clarke or a number of colleges in Iowa. ways. I think we have legislation pend- not knowing where it goes, I would They have been applying for student ing to be reviewed in that committee. strenuously object to it on the grounds aid and all of a sudden they get hit It just so happens this is one of those that it ought to be considered in an au- with this change. Give me some idea places where we deal with higher edu- thorizing committee, and that before what that means for that family that cation. It seems quite appropriate since we tamper with the National Institutes is eligible for student aid with a couple we have a budget-neutral approach of Health on this funding, even though of kids in high school and maybe they both to raise this issue and to make it may not amount to a great deal of have a couple of kids in college. sure we address it now so people can money, because I don’t know how much Mr. CORZINE. The Federal study has make their financial plans. they will obligate, the $200 million has shown that 84,000 kids across this coun- Mr. SPECTER. Aside from consid- the potential to be very substantial. try would be dropped from the Pell ering a substantive law change, has the But I would strenuously urge my col- grant program itself, completely elimi- Senator from New Jersey proposed leagues to reject the amendment. nated. one? I hope to have an opportunity to read Mr. HARKIN. Is the Senator saying Mr. CORZINE. We have a bill that U.S. News & World Report before the there could be young men and women has been submitted. I will check out night is over. in Iowa who are in college who are get- the number for the senior Senator from Mr. HARKIN. Mr. President, I am ting Pell grants, eligible for Pell Pennsylvania. sorry. I don’t know who has the floor? grants today, who, because of this Mr. SPECTER. Mr. President, I raise The PRESIDING OFFICER. The Sen- change in this Department of Edu- that question because this is an issue ator from New Jersey has the floor. cation regulation—not a law, but a reg- of some complexity. Nobody has been a Mr. CORZINE. I thank the President. ulation—will be denied access to Pell greater proponent of higher education I will respond to the Senator from grants next year? than this Senator. It may be that the Pennsylvania. Mr. CORZINE. This change in regula- whole approach on making deductions It is not the U.S. News & World Re- tion is done once in 10 years, by the or changes based on taxes is an inap- port calculations. The Congressional way, not on a systematic every-year propriate way to deal with the funding Research Service calculated what the basis looking at what is going on in the of higher education. What we have here impact is. It is a Federal study. The States. It will have the potential to af- is an effort to stop funding on a change stimulus doesn’t come from U.S. News fect your students in Iowa or my stu- in a formula which involves a sub- & World Report. It is reporting to the dents in New Jersey and anywhere

VerDate jul 14 2003 03:56 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A09SE6.054 S09PT1 S11238 CONGRESSIONAL RECORD — SENATE September 9, 2003 across the country. The effect is quite research 7 days a week, but in terms of back of your hand going into the 15th substantial, and it also can reduce that this, that is 20 days out of the month, hour of the day, a little before 9 o’clock amount somebody would be eligible for so $8 billion for 20 days. If we could fig- Eastern Standard Time. a Pell grant. So $4,000-plus could be re- ure out how much that is a day, that is But whatever the calculation comes duced to $2,000. This could be meaning- $400 million a day. out to be, I would strenuously object to ful dollars in grants that are lost to What the Senator is basically saying, tampering with any of the NIH money. students across this country just at a we are just asking for one-half day, to And I say that after having put a lot of time, by the way, when tuition is going delay until September 30. blood, sweat, and tears, along with my up 10 percent a year—in that neighbor- Now, if, in fact, they do $8 billion in colleague from Iowa, on getting the hood—in State universities across the September and do it evenly, which they funding up. country, at the same time that univer- do not normally do, but if they do, they When the Senator from New Jersey sities are having to cut back classes be- will be obligating $400 million on Sep- says he is not changing the law, I think cause they do not have the resources tember 30 anyway, so the Senator is he is categorically wrong. If you are coming and budgets are being reduced saying that for purposes of getting the stopping the funding so that the from the State governments. It is a dif- funding we need for this, we are simply change in the formula cannot be ficult mix of things to be implemented. going to ask to officially delay $200 worked out, it is conclusively changing We ought to act sooner rather than million until the last day of the month. the law. later. That is why we are talking about They can still obligate it. This gets us This amendment to this appropria- it now. the money we need to pay for the Sen- tions bill is a specific effort to change Mr. HARKIN. Would the Senator say ator’s amendment. Am I correct in the law. When you talk about a swing further that this change in this regula- what I said? of billions of dollars—and I don’t know tion not only affects the families that Mr. CORZINE. The Senator from whether that is right, wrong, or indif- need this student aid, the young people Iowa is exactly correct. He is talking ferent, but that is the representation going to college who need the student about how budget accounting works in made by the Senator from New Jer- aid but, again, when they get the stu- the Federal Government, which is a sey—the impact on looking for an off- dent aid, they use it usually to pay cashflow system. We are in no way try- set can hardly be de minimis, can hard- their tuition at school, so not only ing to undermine the ability of NIH to ly be minuscule, can hardly be irrele- does it hurt the families—it is a double be effective. vant. hit—it also hits the schools, too? Mr. HARKIN. One last observation. If You are talking about a swing of bil- Mr. CORZINE. When students have to it is $200 million, we take no money lions of dollars. I don’t know that is so, drop out or are not be able to go, and away. They will obligate $8 billion in but I would like to know a lot more there is a decreased demand for higher September anyway. That $200 million about this amendment and what its im- education from students, that would is one dollar out of every 40. That is all pact is. And I would like to know a lot happen. We are losing a major invest- you are saying they will obligate on more about this whole idea of reducing ment in human capital as time goes on. September 30. I have to believe it. I student aid based upon some formula. I Clearly, universities are hurt. They have been around NIH now for the 19 am not familiar with it. And this is are having to deal with trying to find years I have been privileged to serve on something which I think the Depart- other sources of aid, basically trying to this committee, and I watched how ment of Education and the Department find jobs for kids so they can work at they obligate money and how they of the Treasury would like to comment the same time they go to school. It seems to me we are being very spend money. Quite frankly, it is in about. In an effort to peruse this Congres- shortsighted in implementing such a this Senator’s judgment that asking sional Research Service document just regulation which does not conform NIH to obligate $200 million the last with the facts anywhere. It has been day of the month is nothing. That is a a bit, I have some bedtime reading. In talked about broadly, obviously in the no-brainer. They will do that anyway, fact, I have quite a bit—U.S. News & media. There have been studies equally but it gets us the money needed to World Report. But I note a paragraph by a number of government institu- make sure we do not shortchange the in this CRS document. It is CRS–8, and tions. I hope the Senate will consider kids and their families needing help for it says this: this in the long run best interest of the Pell grants and help meet the needs of Quantifying the impact of the May 30th re- country. We are not changing the fiscal our higher education, our institutions visions to the state and other tax allowance so they can get the young people in and tables will require identification of which year for the NIH funding, just delaying students will have their eligibility for fed- the timing. pay the tuition. In that regard, I ask unanimous con- eral aid affected by changes in their [ex- Mr. HARKIN. If the Senator will pected family contributions] and to what ex- yield for my last question, I want to sent to add my name as a cosponsor, tent. Although it would appear that the lev- make sure I am correct that the Sen- and I ask unanimous consent, also, els of federal aid awarded to many students ator in his amendment is not taking that Senator REID of Nevada be added will be affected by these revisions, without any money away from NIH; is that cor- as a cosponsor. substantial and complex modeling, the size rect? The PRESIDING OFFICER. Without of that student population and the financial Mr. CORZINE. That is correct. As a objection, it is so ordered. effect on federal aid programs remain largely matter of fact, I am supportive of what Mr. CORZINE. I yield the floor. undetermined. both the Senator from Pennsylvania Mr. SPECTER. Mr. President, my So to repeat, it says: ‘‘It would ap- and the Senator from Iowa have done calculations differ. I took $8 million— pear that the levels of federal aid to double NIH funding over a period of and I don’t know if that is a correct awarded to many students will be af- time. I will continue to support that. I figure or incorrect figure—and that fected by these revisions. . . .’’ It does believe very strongly in it. works, to me, to be $20 million a day. not know it for sure. It says ‘‘without Mr. HARKIN. I know the Senator has So if you are talking about $200 mil- substantial and complex modeling’’— been supportive of our efforts to in- lion, that is considerably more than which supports what I am talking crease funding of NIH. the calculations we have just heard. about, that you need to know what this As I understand the amendment of I don’t think it is too important how is really all about, which you should the Senator from New Jersey, it delays much money it is. If it is delayed fund- have a hearing on—‘‘the size of that until September 30, the last day of the ing which is available for the National student population and the financial fiscal year, by $200 million, NIH obliga- Institutes of Health, I think it is a bad effect on federal aid programs remain tions. It is my information that NIH idea. largely undetermined.’’ estimates that it will obligate $8 bil- Mr. HARKIN. Four hundred million I would ask the Senator from New lion next September. In September of dollars a day. Jersey, since he cites this as his au- next year it will obligate during Sep- See, Mr. President, that is why we thority, How does he explain this au- tember, 1 month, $8 billion. need a hearing. I thank the Senator thority saying that it is largely unde- I assume they work on a 5-day work- from Iowa for proving my point. This is termined on the basis of the existing week. I assume that. I know NIH does not something that you can roll off the record?

VerDate jul 14 2003 03:56 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.123 S09PT1 September 9, 2003 CONGRESSIONAL RECORD — SENATE S11239 Mr. CORZINE. The Senator from The PRESIDING OFFICER. Without Mr. REID. It is my understanding Pennsylvania is asking me a question. objection, it is so ordered. you are going to raise a budget point of I would just remark that the Education AMENDMENT NO. 1603 TO AMENDMENT NO. 1542 order on the amendment offered by the Department indicates that Pell grant Mr. REID. Mr. President, I send an Senator from New Jersey? costs will be potentially impacted by amendment to the desk. Mr. SPECTER. No, I am not because $270 million or less. And they esti- The PRESIDING OFFICER. The it does not lie. If I could, I would. mate—the Department of Education— clerk will report. Mr. REID. I missed the first part of based on the information of the CRS, The legislative clerk read as follows: the debate. Mr. SPECTER. I missed most of the that 84,000 students would lose eligi- The Senator from Nevada [Mr. REID] pro- bility altogether. They did not make poses an amendment numbered 1603. debate myself. Mr. REID. Mr. President, I ask for an estimate about how many other stu- Mr. REID. Mr. President, I ask unan- the yeas and nays on the Corzine dents would lose partial eligibility, imous consent that reading of the amendment. partial coverage. And they made no es- amendment be dispensed with. timate with regard to how other people The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without objection, it will be in order to request in private institutions or State institu- objection, it is so ordered. tions, using the same calculations of the yeas and nays at this time. The amendment is as follows: Mr. REID. I ask for the yeas and nays allowances for State and local taxes, (Purpose: To increase funding for certain would do it. Just know it will be quite on the Corzine amendment. education and related programs) The PRESIDING OFFICER. Is there a substantial, not impacting the Federal At the end of title III, insert the following: Government but impacting how stu- sufficient second? SEC. 306. (a) In addition to any amounts There is a sufficient second. dent aid is allocated nationally. otherwise appropriated under this Act, there The yeas and nays were ordered. Now, very clearly, the Education De- are appropriated, out of any money in the Mr. KENNEDY. Mr. President, the partment accepts the estimation of Treasury not otherwise appropriated— White House and the Republican Con- (1) an additional $85,000,000 to carry out 84,000 students losing eligibility for gress see a perfect storm coming. Our Pell grants. It is not U.S. News & title III of the Elementary and Secondary policy in Iraq is crashing, the Federal World Report. It is their estimate from Education Act of 1965 (language instruction); budget is crashing, and so are State their own budget service. (2) an additional $6,449,000 to carry out part I think the Senator is looking at the A of title V of the Higher Education Act of and local budgets. Family budgets are 1965 (Hispanic-serving institutions); CRS report of June 25, 2003. And that crashing, too. The administration and (3) an additional $4,587,000 to carry out part the Republican Congress are worried point is made on—let’s see if I can help C of title I of the Elementary and Secondary the Senator from Pennsylvania. It is that their power to stay in office is Education Act of 1965 (migrant education); crashing along with the electric power on CRS–8. (4) an additional $11,000,000 to carry out Mr. SPECTER. Well, Mr. President, I high school equivalency program activities grid. have an additional question. under section 418A of the Higher Education The overtime issue should be an em- How can the Senator from New Jer- Act of 1965 (HEP); barrassment for anyone who supports sey make the assertions he has when (5) an additional $1,000,000 to carry out col- the Republican position. It’s a symbol his own authority says there would lege assistance migrant program activities of all that’s wrong with so many of have to be ‘‘substantial and complex under section 418A of the Higher Education their other policies. Act of 1965 (CAMP); Three million Americans have lost modeling’’ to determine ‘‘the size of (6) an additional $12,776,000 to carry out that student population and the finan- their jobs since President Bush took of- subpart 16 of part D of title V of the Elemen- fice. Ninety-three thousand more were cial effect on federal aid programs’’ tary and Secondary Education Act of 1965 which ‘‘remain[s] largely undeter- (parental assistance and local family infor- lost in August alone—the seventh con- mined’’? mation centers); and secutive month of job losses. Mr. CORZINE. I think the Senator (7) an additional $69,000,000 to carry out This is no time to end overtime. It’s from Pennsylvania has heard me say migrant and seasonal Head Start programs: precisely the wrong time. that the only number I have used spe- Provided, That such sum shall be in addition We need to create more jobs to bring cifically is the 84,000 that CRS has esti- to funds reserved for migrant, seasonal, and this troubled economy back to life. mated would lose all Pell grant assist- other Head Start programs under section But under the Bush proposal, busi- 640(a)(2) of the Head Start Act. ance, not the full calculation of how nesses can raise their profits by asking (b) Of the funds appropriated in this Act employees to work harder for lower many individual students would lose for the National Institutes of Health, partial benefits on grants and student $146,000,000 shall not be available for obliga- pay, and avoid hiring new employees. loans, by way of Stafford loans and tion until September 30, 2004. Especially in times like these, the other things, which would be much (c) The amount $6,895,199,000 in section right to overtime pay is a clear incen- more complex. And that is what they 305(a)(1) of this Act shall be deemed to be tive for firms to create jobs, because it are pointing out. $7,085,011,000 and the amount $6,783,301,000 in encourages employers to hire more Mr. SPECTER. Well, Mr. President, section 305(a)(2) of this Act shall be deemed workers instead of asking current em- the essence is that when you want to to be $6,593,489,000. ployees to work longer hours. stop funding to carry out existing law, Mr. REID. Mr. President, I am not We know that employees across there ought to be a lot more under- going to debate this amendment to- America are already struggling hard to standing of what is going on. And our night. We have no vote scheduled to- balance their family needs with their processes for legislation are custom- morrow. I am not sure we are going to work responsibilities. Requiring them arily carried out by the introduction of have a vote on it tomorrow. But I will to work longer hours for less pay will bills and by hearings. And when you af- discuss it tomorrow. I am not going to impose an even greater burden in this fect the Department of the Treasury, discuss it anymore tonight. daily struggle. you affect the Department of Edu- The PRESIDING OFFICER. Who Protecting the 40-hour work week is cation, you affect swings of billions of seeks recognition? vital to protecting the work-family dollars—again, the language of the Mr. REID. I suggest the absence of a balance for millions of Americans in Senator from New Jersey. quorum. communities in all parts of the nation. This is not the way to accomplish The PRESIDING OFFICER. The The last thing Congress should do is to that result. I oppose this amendment. clerk will call the roll. allow this anti-worker administration Mr. President, are we prepared to The assistant legislative clerk pro- to make the balance worse than it al- move now to the final amendment of ceeded to call the roll. ready is. the evening, the amendment from the Mr. SPECTER. Mr. President, I ask What can the administration be Senator from Nevada? unanimous consent that the order for thinking, when it comes up with such a The PRESIDING OFFICER. The Sen- the quorum call be rescinded. shameful proposal to deny overtime ator from Nevada. The PRESIDING OFFICER. Without protections on which millions of work- Mr. REID. Mr. President, I ask unan- objection, it is so ordered. ers rely? imous consent that the pending amend- Mr. REID. Will my friend yield? According to the Congressional Gen- ment be set aside. Mr. SPECTER. I do. eral Accounting Office, employees

VerDate jul 14 2003 03:56 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.125 S09PT1 S11240 CONGRESSIONAL RECORD — SENATE September 9, 2003 without overtime protection are twice Mr. REID. Reserving the right to ob- punishment in a number of situations as likely to work overtime as those ject, Senator SCHUMER has offered only that do not currently provide for the covered by that protection. Americans one amendment, so we will make sure death penalty, such as sabotage of a are working longer hours today than that we are voting on the right amend- national defense installation, sabotage ever before—longer than in any other ment. Senator SCHUMER is No. 1598, so of a nuclear facility, or destroying an industrial nation. At least 1 in 5 em- the RECORD should reflect that. I ask, energy facility. ployees now has a work week that ex- further, that the request of my friend In addition, this legislation includes ceeds 50 hours, let alone 40 hours. from Pennsylvania be modified that conspiracy and attempt to commit ter- Congress cannot sit idle while more the following would be added: That rorist acts in the list of terrorism of- and more Americans lose their jobs, there be 4 minutes for debate equally fenses subject to the death penalty. It their livelihoods, their homes, and divided prior to Reed amendment No. would enable prosecutors to seek the their dignity. Denying overtime pay 1595. That would be after the Schumer death penalty for terrorist fundraisers, rubs salt in the open wounds. amendment. Rather than 2 minutes, it for example. The 8 million Americans who will would be 2 minutes on each side, a Another important aspect of this leg- lose their right to overtime under the total of 4 minutes. Further, I ask that islation would be to remove the so- called gateway factors to impose the Bush administration regulation include the votes following the Harkin amend- death penalty for terrorist offenses. It police officers, firefighters, nurses, and ment be 10 minutes in length. adds terrorism to the list of offenses, EMTs the heroes of September 11. With Mr. SPECTER. Agreed to. espionage and treason, for which the the anniversary of that tragic day just Mr. REID. Prior to entering the con- death penalty can be imposed without 2 days away, we can’t help but remem- sent, Mr. President, I would note that the gateway factors being met. For ber the horrifying images of that day. we hope to have three more votes lined other offenses, the death penalty can The many lives lost. up here. On the Mikulski amendment, only be imposed if there is a direct link The exhausted firefighters raising there has been a good faith offer made between the criminal act and the death the American flag. And we recall the by the other side. We will discuss that of a victim and prosecutors do not be- long, grueling hours so many of our with Senator MIKULSKI in the morning. lieve they can establish such a link in first responders invested to protect and Maybe we won’t have to have a vote on the case of a terrorist fundraiser. save their fellow Americans. that. And then we were hoping to have There are Supreme Court decisions Today our first responders work long a vote on the Dodd and Gregg amend- which preclude the imposition of the hours keeping our Nation safe from ments. We will do those side by side. death penalty, for example, on the terrorism and other threats. President The two leaders agreed that those two driver of a getaway car in a felony Bush wants to take away their over- votes would follow the Harkin amend- murder or robbery murder. Someone in time pay. ment. I am not going to say a lot about the getaway car cannot get the death Cutbacks in overtime pay are a that now. I know Senator GREGG says penalty because the Supreme Court has nightmare that no worker should have he does not have his ready to go yet. I said it is too remote. And when I have to bear. Overtime pay now makes up a have spoken to Senator DODD at home pressed the Department of Justice to quarter of the total pay of workers who this evening. He said he is agreeable to proceed with criminal prosecutions and receive it. The administration’s pro- doing it following this sequence of to seek the death penalty for terror- posal will mean an average pay cut of votes. So following the Corzine amend- ists, for people who contribute to orga- $161 a week for them. Hard-working ment, I hope we can have the two votes nizations such as Hamas, where they Americans don’t deserve this pay cut, that are going to be cast dealing with know there are terrorist branches and and it’s wrong for the administration Dodd and Gregg which are on the same instigation of the murdering of U.S. to try to force it on them. subject matter, I understand. citizens, as they did some months ago Our Democratic amendment is clear. Having said that, I have no objection at Hebrew University and in other situ- It says that no worker now eligible for to the consent as modified. ations, the prosecutors have said to me overtime protections can lose it as a The PRESIDING OFFICER. Without they are concerned that the analogy to result of the new regulation. objection, as modified, it is so ordered. the driver of a getaway car might pre- The overtime protections in the Fair The Senator from Pennsylvania. vent the imposition of the death pen- Labor Standards Act have been a fun- Mr. SPECTER. Mr. President, I ask alty. damental right of the Nation’s workers unanimous consent to proceed as in Frankly, I disagree with that assess- for more than half a century. That morning business for up to 10 minutes. ment because the driver of a getaway basic law was enacted in the 1930s to The PRESIDING OFFICER. Without car may not be considering the con- create a 40-hour workweek. It requires objection, it is so ordered. sequence of death. And the contribu- employees to be paid fairly for any f tors to terrorist organizations, know- extra hours. ing what those organizations do, are TERRORIST PENALTIES I urge my colleagues to support this really on notice and are accessories be- ENHANCEMENT ACT OF 2003 essential proposal to keep the faith fore the fact to murder. I think they with the Nation’s working families. We Mr. SPECTER. Mr. President, I have ought to be held liable under existing will continue the battle to restore jobs, sought recognition to speak on a bill law. But to clear up any ambiguity, provide fair unemployment benefits, that I will introduce to increase the this legislation would remove those and raise the minimum wage, and we criminal penalties relating to terrorist limitations and would make such con- will do all we can to preserve the over- murders and to deny Federal benefits tributors to terrorist organizations lia- time protections on which so many to terrorists, and for other purposes. ble for the death penalty as accessories Americans families depend. I authored the Terrorist Prosecution before the fact. Mr. SPECTER. Mr. President, I ask Act of 1986, which provides for I ask unanimous consent that a copy unanimous consent that at 9:45 a.m. on extraterritorial jurisdiction to try in of the bill be printed in the RECORD. Wednesday, the Senate proceed to a United States courts anyone who as- There being no objection, the mate- vote in relation to the following saults, maims, or murders a U.S. cit- rial was ordered to be printed in the amendments in the order stated: Har- izen anywhere in the world. And that Record, as follows: kin 1580, Schumer 1595, Reed 1595—I bill, which provides for the death pen- S. have two 1595s—the three Reed amend- alty, has been enacted into law and has Be it enacted by the Senate and House of Rep- ments, 1592, 1596, and Corzine 1602. I been very helpful. resentatives of the United States of America in further ask unanimous consent that I have been trying to extradite Pales- Congress assembled, there be 2 minutes equally divided for tinian Authority terrorists who have SECTION 1. SHORT TITLE. debate prior to the vote in relation to murdered United States citizens This Act may be cited as the ‘‘Terrorist Penalties Enhancement Act of 2003’’. each amendment beginning with the abroad. This bill would go beyond ex- SEC. 2. PENALTIES FOR TERRORIST MURDERS. second vote; further, that no amend- isting law to provide for the death pen- (a) IN GENERAL.—Chapter 113B of title 18, ments be in order to any of the amend- alty in all terrorist offenses resulting United States Code, is amended by adding at ments prior to the vote. in death. It adds the death penalty as a the end the following:

VerDate jul 14 2003 03:56 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.095 S09PT1 September 9, 2003 CONGRESSIONAL RECORD — SENATE S11241 ‘‘§ 2339D. Terrorist offenses resulting in death today’s Air Force, this nation owes a that Bill Creech risked his life for and ‘‘(a) PENALTY.—A person who, in the course debt of gratitude to Bill Creech. lived his life for will always be grateful of committing a terrorist offense, engages in Creech started as a private in the Air for his contributions. conduct that results in the death of a person, Force in 1944, and as he rose 14 rungs to f shall be punished by death or imprisoned for four-star general, he never forgot what any term of years or for life. it was like to be at the bottom. During THE SMALL BUSINESS ADMINIS- ‘‘(b) TERRORIST OFFENSE DEFINED.—In this almost 40 years of service to this na- TRATION 50TH ANNIVERSARY section, the term ‘terrorist offense’ means— REAUTHORIZATION ACT OF 2003 ‘‘(1) international or domestic terrorism as tion, he flew 280 missions as a combat defined in section 2331; pilot and was decorated 39 times, in- Mr. BOND. Mr. President, I rise ‘‘(2) a Federal crime of terrorism as defined cluding 22 awards for bravery in com- today in recognition of S. 1375, the in section 2332b(g); bat. Small Business Administration 50th ‘‘(3) an offense under this chapter; In 1960, he came to Nellis Air Force Anniversary Reauthorization Act of ‘‘(4) section 175, 175b, 229, or 831 of this Base in Las Vegas where he was direc- 2003. This bill revitalizes existing SBA title; tor of operations for the ‘‘Top Gun’’ programs and brings to life new pilot ‘‘(5) section 236 of the Atomic Energy Act Fighter Weapons School and during programs, all of which promote the de- of 1954 (42 U.S.C. 2284); or mands and growth of the small busi- ‘‘(6) an attempt or conspiracy to commit which his relationship to southern Ne- an offense described in paragraph (1), (2), (3), vada first formed. ness community. I commend the Chair, (4), or (5).’’. In 1978, he earned his fourth star and Senator SNOWE, for passing this bill (b) CHAPTER ANALYSIS.—The chapter anal- became commander of the Tactical Air through the Small Business Committee ysis of chapter 113B of title 18, United States Command, or TAC, at Langley Air with unanimous support. Code, is amended by inserting at the end the Force Base in Virginia. During his 61⁄2 Upon final passage of this bill, we following: years as commander, Creech showed will take a giant step toward improv- ‘‘2339D. Terrorist offenses resulting in the Air Force how to get the job done, ing and refining the SBA and its pro- death.’’. and his leadership continues to be a grams. With the new provisions that (c) AGGRAVATING FACTORS.— lesson to us all. Under his direction, enhance Agency recordkeeping and re- (1) IN GENERAL.—Section 3591(a)(1) of title align program operations under a more 18, United States Code, is amended by strik- TAC’s productivity improved by 80 per- ing ‘‘or section 2381’’ and inserting ‘‘2339D, or cent and resulted in $12 billion of sav- appropriate department, it is clear that 2381’’. ings for the government. Agency accountability and oversight (2) CONFORMING AMENDMENT.—Section And while Creech cut out the fat and will be strengthened. In addition, small 3592(b) of title 18, United States Code, is waste, he oversaw the development of a businesses will benefit from improve- amended— new generation of air fighters includ- ments in the lending programs, greater (A) in the heading, by striking ‘‘AND TREA- ing many modern jets as well as our access to capital, new innovations in SON’’ and inserting ‘‘, TREASON, AND TER- prized Stealth fighter that eludes radar the entrepreneurial programs, expan- RORISM’’; and sion of procurement programs, and im- (B) in paragraph (1)— detection. Creech also used his experi- (i) in the heading, by striking ‘‘OR TREA- ences in Vietnam to develop night-fly- proved training and assistance provi- SON’’ and inserting ‘‘, TREASON, OR TER- ing tactics that led to our victories in sions. RORISM’’; and the Persian Gulf War and Iraq. According to the SBA’s Office of Ad- (ii) by striking ‘‘or treason’’ and inserting After his retirement from the mili- vocacy, small businesses represent ‘‘, treason, or terrorism’’. tary, Creech became an internationally more than 99.7 percent of all employ- SEC. 3. DENIAL OF FEDERAL BENEFITS TO TER- recognized management consultant ers, employ more than half of all pri- RORISTS. with a best-selling book on total qual- vate sector employees, and generate 60 (a) IN GENERAL.—Chapter 113B of title 18, ity management based on his success to 80 percent of net new jobs annually. United States Code, is amended by adding at restructuring the Air Force. For any- Given these statistics and the difficult the end the following: one who manages a single office or a financial times we face in today’s econ- ‘‘§ 2339E. Denial of Federal benefits to terror- multi-billion dollar corporation, omy, I urge Congress to continue to ists Creech’s message is invaluable. By re- nurture the needs of the small business ‘‘(a) IN GENERAL.—Any individual who is warding accomplishments, creating community. We must show enthusi- convicted of a Federal crime of terrorism (as defined in section 2332b(g)) shall, as provided pride in ownership, and developing a astic support for this bill, which I am by the court on motion of the Government, team atmosphere, the human factor en- confident will provide the SBA with be ineligible for any or all Federal benefits dures and success results. greater tools to keep pace with the for any term of years or for life. To southern Nevadans, Bill Creech ever-changing global economy and to ‘‘(b) FEDERAL BENEFIT DEFINED.—As used will always hold a special place in our serve the small business community in in this section, ‘Federal benefit’ has the hearts for his loyalty and dedication to a more effective and efficient manner. meaning given that term in section 421(d) of our beloved Thunderbirds, the air dem- To act otherwise could jeopardize this the Controlled Substances Act (21 U.S.C. onstration team that calls Nellis Air Nation’s much-needed job growth and 862(d)).’’. Force Base home. A Thunderbird pilot innovation. (b) CHAPTER ANALYSIS.—The chapter anal- ysis of chapter 113B of title 18, United States who flew 125 demonstration shows, I refer to an important small busi- Code, is amended by inserting at the end the Creech was once referred to as ‘‘the fa- ness program titled the Historically following: ther of the Thunderbirds,’’ and he be- Underutilized Business Zone Con- ‘‘2339E. Denial of Federal benefits to terror- lieved that the Thunderbirds inspired tracting Program, or as it is commonly ists.’’. young people to join the Air Force. referred to, the HUBZone Program. f The Thunderbirds exist today be- This small-business program was one of cause Bill Creech stood up for them. my personal priorities as former chair- REMEMBERING GENERAL BILL After four pilots were killed in fight, man of the Senate Small Business CREECH he publicly stated that if the team suf- Committee. It was established in 1997 Mr. ENSIGN. Mr. President, I rise fered an accident during his tenure he with the intent to create jobs in se- today to pay tribute to a man of re- would resign. We are grateful that he verely economically distressed commu- markable leadership, dedication, and took that stand. I have had the honor nities, both rural and urban. In addi- courage and to join Nevadans and of watching the Thunderbirds in action tion, the HUBZone program provides a Americans in mourning the loss of re- on many occasions. They display the federal contracting preference as an in- tired Air Force General Bill Creech. power and awesomeness of our Air centive for small businesses to locate As chairman of the Military Readi- Force and the dedication of people like in these low-income areas. The jobs ness Subcommittee, I have learned a Bill Creech who lift this nation to new created by the HUBZone Program great deal about what it has taken and heights so that we may all continue to bring money to those blighted areas what it will continue to take for our soar. and create a demand for more goods armed services to be the top military To Bill’s wife, Caroline, I offer the and services, which leads to the cre- in the world, bar none. For the condolences and admiration of Nevad- ation of more small businesses and in- strength, effectiveness, and success of ans and Americans. This great Nation creased commerce in the area. Little

VerDate jul 14 2003 03:56 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A09SE6.033 S09PT1 S11242 CONGRESSIONAL RECORD — SENATE September 9, 2003 by little, the community’s economic They couldn’t understand why it was im- potic rulers like Saddam fuel the volatile base is reborn. portant for me, a Sept. 11 widow, to express anti-American sentiment that breeds such Today, there are over 8,378 small my support for the men and women sta- terrorism: They feel they are in Iraq to sta- businesses that are HUBZone certified, tioned today in the Persian Gulf. bilize the Gulf region, and thus to protect The reason seemed clear, as far as I was U.S. soil. and the Government has procured ap- concerned. I was going not to embrace the At Saddam Hussein International Airport, proximately $1.7 billion in HUBZone war, but to embrace the warriors. where Kid Rock gave an impromptu concert contracting this year. The SBA reports I didn’t intend to use the emotional capital in a steamy hangar, Capt. Jorge Vargas from that in fiscal year 2001, each dollar generated by my connection to Sept. 11, 2001, the Bronx tapped me on the back. He’d en- spent on the program yielded a return to defend the U.S. presence in the Gulf. And listed in the Army after some of his wife’s of $288 in contract awards and as a re- I am certainly aware there is no proof yet best friends were lost at the World Trade sult, the program helped to create that Saddam Hussein was linked to those Center. When he saw the piece of recovered terrorist attacks. 12,782 jobs in the U.S., approximately metal from the Towers that I had been show- But I wanted to go to Iraq because I am the ing to a group of soldiers, he grasped for it as 8,974 of which were located in dis- daughter of a World War II veteran who was if it were a grail. tressed areas. decorated with a Purple Heart, and because I Then he handed it to Kid Rock, who passed Based on fiscal year 2001 procurement am the widow of a man who lost his life in the precious metal through the 5,000 troops statistics, HUBZone firms increased what some feel was the opening salvo of in the audience. They lunged at the oppor- employment 33 percent to 50 percent as World War III. tunity to touch the steel that symobilized a result of contract awards. Nearly 50 I wanted, needed, to honor my father and what so many of them felt was the purpose my husband, their service and sacrifice, by of their mission. Looking into that sea of percent of HUBZone firms increased standing before those who were now making capital expenditures as a result of re- khaki gave me chills, even in the blistering sacrifices and serving our country. heat. ceiving contracts in fiscal year 2001. As But my friends’ reactions were so politely When I got to the microphone, I told the our economy struggles during these negative that I began to doubt my role in the soldiers we hadn’t made the journey to hear difficult times, this vital program will first USO/Tribeca Institute tour into newly condolences, but to thank them and to say continue to bring jobs to our Nation’s occupied Iraq. Besides, with Robert DeNiro that the families of Sept. 11 think of them inner cities, poor rural counties, and Wayne Newton and Rebecca and John every day. The crowd interrupted me with Indian reservations. Stamos, who needed me? I’m hardly a celeb- chants of ‘‘U.S.A.! U.S.A.! U.S.A.!’’ Many rity. I urge Congress to support the cried. Did U.S. soldiers really want to hear about What happened next left me with no doubt HUBZone Program in its current form my husband, Neil Levin, who went to work along with the new amendments pro- as to why I had come. as director of the Port Authority of New There I was on stage, quaking before thou- vided in the Senate’s version of the York on Sept. 11 and never came home? sands of troops because I was to present a SBA Reauthorization Act of 2003. Any How would they relate to the two other be- small piece of the World Trade Center steel additional changes not supported by reaved people traveling with me—Ginny to Gen. Tommy Franks. As I handed him the the full Senate Committee on Small Bauer, a N.J. homemaker and mother of icy gray block, his eyes welled up. Business could seriously undermine the three who lost her husband, David, and I was stunned when the proud four-star former Marine Jon Vigiano, who lost his general was unable to hold back the tears, original intent of the program. only sons, Jon, a firefighter, and Joe, a po- Thank you for the opportunity to which streamed down his face as he stood at liceman? center stage before his troops. The men and speak today on behalf of the small As we were choppered over the bleached women in khaki fell silent. deserts, I wondered if I’d feel like a street business community. I encourage my And he turned from the spotlight to regain hawker, passing out Port Authority pins and colleagues to support Senator SNOWE his composure, I put my arms around him baseball caps as I said ‘‘Thank you’’ to the and S. 1375, the Small Business Admin- and tried to comfort both of us with an em- troops. Would a hug from me compare to istration 50th Anniversary Reauthor- brace. hugs from a Victoria’s Secret model, or the ization Act of 2003. Dallas Cowboys cheerleaders? f f The first ‘‘meet and greet’’ made me weep. ADDITIONAL STATEMENTS FINDING THE CONNECTION My own daughters are old enough to be sol- diers. Here were their peers—18-years-olds, Mr. VOINOVICH. Mr. President, it armed with M–16s and saddlebags of water in TRIBUTE TO CHESTERFIELD has been nearly 2 years since terrorists the 120-degree heat. The soldiers swarmed SMITH attacked the United States on Sep- around the stars for photos and autographs. tember 11, 2001. As our Nation prepares Then it was announced that a trio of Sept. 11 ∑ Mr. GRAHAM of Florida. Mr. Presi- to honor the memory of those who family members was also in the tent. dent, I rise today to pay tribute to the It was as if an emotional dam had burst. memory of an extraordinary Floridian were lost on that tragic day, I would Some wanted to touch us, as if they needed like to submit for the RECORD a piece a physical connection to our sorrow, and liv- who was also an American treasure— that I read in yesterday’s Cleveland ing proof of one reason they were there. One Chesterfield Harvey Smith. Plain Dealer that was written by mother of two from Montana told me she’d On Wednesday, July 16, 2003, we lost Christy Ferer, whose husband, Neil signed up because of Sept. 11, and dozens of this resounding voice of conscience to Levin, perished in the World Trade others said the same. One young man showed cardiopulmonary complications at Center. I was deeply moved by her me his metal bracelet engraved with the Doctor’s Hospital in Coral Gables, FL. words, which serve to remind us of the name of victim he’d never known and that He was 85. awful date none of us will ever forget. Chesterfield Smith often called him- reason behind our ongoing efforts to At every encounter with the troops, there promote the virtues of freedom and de- was a surge of reservists—firefighters and self a ‘‘country lawyer,’’ but he was a mocracy as our men and women in uni- cops, including many who had worked in the pillar of this Nation’s legal commu- form remain on the front lines in the rubble of Ground Zero—who had come to ex- nity. After graduating from the Uni- fight against terrorism in Iraq, Afghan- change a hometown hug. Their glassy eyes versity of Florida’s law school in 1948, istan, and other parts of the world. We still didn’t allow anyone to penetrate to the he joined a law firm that he led owe them our deepest gratitude. place where their trauma is lodged, the trau- through mergers and acquisitions to ma that comes with devastation unimagi- I ask unanimous consent the article become one of the country’s largest, nable to those who didn’t witness it. It’s Holland & Knight. He served as presi- be printed in the RECORD. there in me, too. I forced my way downtown There being no objection, the mate- on that terrible morning, convinced I could dent of the Florida Bar Association in rial was ordered to be printed in the find Neil beneath the rubble. 1964, and then became president of the RECORD, as follows: I was not prepared for the soldiers who American Bar Association in 1973. [From the Plain Dealer, Sept. 8, 2003] showed us the World Trade Center memora- While ABA president, Mr. Smith con- bilia they’d carried with them into the FINDING THE CONNECTION demned President Richard Nixon fol- streets of Baghdad. Others had been holding (By Christy Ferer) lowing the firings of an attorney gen- in stories of personal Sept. 11 tragedies that eral and others in the so-called ‘‘Satur- When I told friends that I was making a had made them enlist. pilgrimage to Iraq to thank the U.S. troops, To those men and women, it didn’t seem to day Night Massacre’’ during the Water- their reactions were underwhelming at best. matter that Saddam’s regime had not pro- gate scandal. Mr. Smith’s comment— Some were blunt: ‘‘Why are you going duced the murderers of Sept. 11. What they ‘‘no man is above the law’’—has been there?’’ made clear to me was their belief that des- described as a turning point in public

VerDate jul 14 2003 04:41 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.094 S09PT1 September 9, 2003 CONGRESSIONAL RECORD — SENATE S11243 opinion. Smith urged that an inde- terfield’s widow, Jacqueline Allee September 2, 2003; to the Committee on Agri- pendent special prosecutor be em- Smith of Coral Gables, FL and in ex- culture, Nutrition, and Forestry. ployed to investigate the President. pressing our appreciation for this great EC–3972. A communication from the Con- ‘‘The justice system was being torn ∑ gressional Review Coordinator, Animal and man’s lasting legacy. Plant Health Inspection Service, Department down by Nixon’s actions,’’ Mr. Smith f of Agriculture, transmitting, pursuant to recalled in an interview with The Asso- EXECUTIVE AND OTHER law, the report of a rule entitled ‘‘Classical ciated Press in 1999. Swine Fever Status of Mexican States of Mr. Smith challenged members of the COMMUNICATIONS Baja California, Baja California Sur, Chi- legal profession to provide quality, af- The following communications were huahua, and Sinaloa’’ (Doc. No. 01–074–2) re- fordable legal services for all persons laid before the Senate, together with ceived on August 13, 2003; to the Committee in need, insisting that law firms fill in accompanying papers, reports, and doc- on Agriculture, Nutrition, and Forestry. where government funding came short. EC–3973. A communication from the Dep- uments, and were referred as indicated: uty Associate Administrator, Environmental Always a visionary, he proposed test- EC–3964. A communication from the Ad- Protection Agency, transmitting, pursuant ing of lawyers to weed out ministrator, Agricultural Marketing Serv- to law, the report of a rule entitled incompetents and was an early advo- ice, Fruit and Vegetable Programs, trans- ‘‘Diflubenzuron; Pesticide Tolerances for cate of equal rights for women and mi- mitting, pursuant to law, the report of a rule Emergency Exemptions’’ (FRL#7323–1) re- norities. Among his many honors, in entitled ‘‘Grapefruit and Oranges (Texas and ceived on September 2, 2003; to the Com- 1969, the Florida State Chamber of States Other Than Florida, California, and mittee on Agriculture, Nutrition, and For- Commerce named Chesterfield Smith Arizona); Grade Standards’’ (Doc. No. FV–00– estry. 304) received on August 11, 2003; to the Com- EC–3974. A communication from the Ad- the first ‘‘Distinguished Floridian of mittee on Agriculture, Nutrition, and For- ministrator, Agricultural Marketing Serv- the Year,’’ and he was subsequently estry. ice, Fruit and Vegetable Programs, trans- honored as a ‘‘Great Floridian’’ by EC–3965. A communication from the Ad- mitting, pursuant to law, the report of a rule Governor Lawton Chiles and the Flor- ministrator, Agricultural Marketing Serv- entitled ‘‘Dried Prunes Produced in Cali- ida Cabinet. ice, Fruit and Vegetable Programs, trans- fornia; Decreased Assessment Rate’’ (Doc. In 2002, Supreme Court Justice Ruth mitting, pursuant to law, the report of a rule No. FV03–993–4 IFR) received on August 11, Bader Ginsburg presented Mr. Smith entitled ‘‘United States Standards for Grades 2003; to the Committee on Agriculture, Nu- with an award in recognition of his of Pistachio Nuts in the Shell and United trition, and Forestry. States Standards for Grades of Shelled Pis- EC–3975. A communication from the Ad- lifelong commitment to pro bono serv- ministrator, Agricultural Marketing Serv- ice. tachios’’ (Doc. No. FV–98–304) received on September 2, 2003; to the Committee on Agri- ice, Fruit and Vegetable Programs, trans- Born in the small town of Arcadia in culture, Nutrition, and Forestry. mitting, pursuant to law, the report of a rule southwest Florida, Chesterfield served EC–3966. A communication from the Ad- entitled ‘‘Dried Prunes Produced in Cali- from 1934 to 1938 with the Florida Na- ministrator, Agricultural Marketing Serv- fornia; Temporary Suspension of the Manda- tional Guard. He joined the Army in ice, Fruit and Vegetable Programs, trans- tory Outgoing Prune Inspection and Quality 1940, prior to Pearl Harbor, where he mitting, pursuant to law, the report of a rule Requirements, and Modification of the Un- quickly achieved the rank of Technical entitled ‘‘Nectarines and Peaches Grown in dersized Prune Disposition Requirements Under the Marketing Order; and Suspension Sergeant and was recommended for Of- California; Increased Assessment Rates’’ (Doc. No. FV030–916–4 IFR) received on Sep- of the Prune Import Regulation’’ (Doc. No. ficer Candidate School. After attending FV03–993–3 IFR) received on August 11, 2003; OCS and being commissioned as a Field tember 2, 2003; to the Committee on Agri- culture, Nutrition, and Forestry. to the Committee on Agriculture, Nutrition, Artillery Officer, he served during EC–3967. A communication from the Ad- and Forestry. World War II combat as the Com- ministrator, Agricultural Marketing Serv- EC–3976. A communication from the Ad- mander of B Battery with the 390th ice, Fruit and Vegetable Programs, trans- ministrator, Agricultural Marketing Serv- Field Artillery Battalion, 94th Infantry mitting, pursuant to law, the report of a rule ice, Fruit and Vegetable Programs, trans- Division, that participated in the entitled ‘‘Onions Grown in Certain Des- mitting, pursuant to law, the report of a rule ignated Counties in Idaho, and Malheur entitled ‘‘Kiwifruit Grown in California; Re- Northern France, Rhineland, Ardennes- laxation of Pack Requirements’’ (Doc. No. County, Oregon; Increased Assessment Rate Alsace and Central Europe Campaigns. FV03–920–1 FR) received on August 11, 2003; and Defined Fiscal Period’’ (Doc. No. FV03– His bravery in these campaigns re- to the Committee on Agriculture, Nutrition, 958–1 FR) received on September 2, 2003; to and Forestry. sulted in his being awarded the Bronze the Committee on Agriculture, Nutrition, Star Medal. He was also awarded the EC–3977. A communication from the Ad- and Forestry. ministrator, Agricultural Marketing Serv- American Defense Service Medal, EC–3968. A communication from the Ad- American Campaign Service Medal, ice, Fruit and Vegetable Programs, trans- ministrator, Agricultural Marketing Serv- mitting, pursuant to law, the report of a rule European Middle Eastern Campaign ice, Fruit and Vegetable Programs, trans- entitled ‘‘Raisins Produced from Grapes Medal with four Bronze Service Stars mitting, pursuant to law, the report of a rule Grown in California; Reduction in Additional and the World War II Victory Medal. entitled ‘‘Nectarines and Peaches Grown in Storage Payments Regarding Reserve Rai- Chesterfield was discharged from the California; Revision of Handling Require- sins Intended for Use as Cattle Feed’’ (Doc. Army, having attained the rank of Cap- ments for Fresh Nectarines and Peaches’’ No. FV03–989–7 IFR) received on August 11, tain, in December 1945. He served 6 (Doc. No. FV03–916–2 IFR–A) received on Sep- 2003; to the Committee on Agriculture, Nu- tember 2, 2003; to the Committee on Agri- trition, and Forestry. more years in the Army Reserve, retir- culture, Nutrition, and Forestry. ing in 1951 with the rank of Major. EC–3978. A communication from the Ad- EC–3969. A communication from the Ad- ministrator, Agricultural Marketing Serv- After the war, he returned to Florida ministrator, Agricultural Marketing Serv- ice, Fruit and Vegetable Programs, trans- and graduated from law school at the ice, Fruit and Vegetable Programs, trans- mitting, pursuant to law, the report of a rule University of Florida. He joined the mitting, pursuant to law, the report of a rule entitled ‘‘Raisins Produced from Grapes firm of Holland, Bevis & McRae in entitled ‘‘Change in Minimum Quality and Grown in California; Revision of Varietal Bartow and quickly made partner. Handling Standards for Domestic and Im- Types’’ (Doc . No. FV03–989–6 IFR) received Later, under Smith’s leadership, the ported Peanuts Marketed in the United on August 11, 2003; to the Committee on Ag- firm merged with the Tampa firm States’’ (Doc. No. FV03–996–2 IFR) received riculture, Nutrition, and Forestry. on September 2, 2003; to the Committee on Knight, Jones, Whitaker and Germany EC–3979. A communication from the Direc- Agriculture, Nutrition, and Forestry. tor, Regulatory Review Group, Farm Service in 1968, and the new firm became Hol- EC–3970. A communication from the Ad- Agency, transmitting, pursuant to law, the land & Knight. Smith served as the ministrator, Agricultural Marketing Serv- report of a rule entitled ‘‘Disqualification for firm’s managing partner for 18 years. ice, Dairy Programs, transmitting, pursuant Crop Insurance Fraud’’ (RIN0560–AG70) re- Today, Holland & Knight is our na- to law, the report of a rule entitled ‘‘Milk in ceived on August 11, 2003; to the Committee tion’s eighth largest firm and sets the the Upper Midwest Marketing Area—Final on Agriculture, Nutrition, and Forestry. standard for public service. Order’’ (Doc. No. DA–01–03) received on Sep- EC–3980. A communication from the Direc- In short, this son of Florida bravely tember 2, 2003; to the Committee on Agri- tor, Regulatory Review Group, Farm Service served his Nation as a member of the culture, Nutrition, and Forestry. Agency, transmitting, pursuant to law, the EC–3971. A communication from the Ad- report of a rule entitled ‘‘2003 Agricultural armed services and as a civilian. He ministrator, Agricultural Marketing Serv- Assistance Act—Crop Disaster Program and truly was worthy of what was his most ice, Dairy Programs, transmitting, pursuant Livestock Assistance Program’’ (RIN0560– cherished title: ‘‘Citizen Smith.’’ to law, the report of a rule entitled ‘‘Milk in AG95) received on August 11, 2003; to the I urge my colleagues to join me in ex- the Central Marketing Area—Technical Committee on Agriculture, Nutrition, and pressing heartfelt condolences to Ches- Amendment’’ (Doc. No. DA–03–09) received on Forestry.

VerDate jul 14 2003 03:56 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A09SE6.041 S09PT1 S11244 CONGRESSIONAL RECORD — SENATE September 9, 2003 EC–3981. A communication from the Ad- Emergency Exemptions’’ (FRL#7319–4) re- EC–4004. A communication from the Chair- ministrator, Rural Utilities Service, Depart- ceived on September 2, 2003; to the Com- man, Naval Sea Cadet Corps, transmitting, ment of Agriculture, transmitting, pursuant mittee on Agriculture, Nutrition, and For- pursuant to law, the Corps’ 2001 Annual to law, the report of a rule entitled ‘‘7 CFR estry. Audit and Annual Report; to the Committee Part 1794, Environmental Policies and Proce- EC–3992. A communication from the Dep- on Armed Services. dures’’ (RIN0572–AB73) received on August 11, uty Associate Administrator, Environmental EC–4005. A communication from the Dep- 2003; to the Committee on Agriculture, Nu- Protection Agency, transmitting, pursuant uty Chief of Naval Operations, Manpower trition, and Forestry. to law, the report of a rule entitled and Personnel, Department of the Navy, EC–3982. A communication from the Ad- ‘‘Thiamethoxam; Pesticide Tolerances for transmitting, a report relative to a decision ministrator, Food and Safety Inspection Emergency Exemptions’’ (FRL#7320–2) re- to convert to contractor performance a func- Service, Department of Agriculture, trans- ceived on September 2, 2003; to the Com- tion of the Department of Defense (DoD) per- mitting, pursuant to law, the report of a rule mittee on Agriculture, Nutrition, and For- formed by 307 DoD civilian employees; to the entitled ‘‘Changes in Fees for Meat, Poultry, estry. Committee on Armed Services. and Egg Products Inspection Services—Cal- EC–3993. A communication from the Chief EC–4006. A communication from the Assist- endar Year 2003’’ (RIN05823–AC94) received on of Staff, Trade and Development Agency, ant Director, Executive and Political Per- September 2, 2003; to the Committee on Agri- transmitting, pursuant to law, a report of sonnel, Department of the Army, transmit- culture, Nutrition, and Forestry. Agency relative to Colombia; to the Com- ting, pursuant to law, the report of a nomi- EC–3983. A communication from the Con- mittee on Appropriations. nation for the position of Secretary of the gressional Review Coordinator, Animal and EC–3994. A communication from the Sec- Army, received on August 11, 2003; to the Plant Health Inspection Service, Department retary of Transportation , transmitting, pur- Committee on Armed Services. of Agriculture, transmitting, pursuant to suant to law, the report of a violation of the EC–4007. A communication from the Assist- law, the report of a rule entitled ‘‘Final Antideficiency Act relative to the Federal ant Director, Executive and Political Per- Testing of Plants Genetically Engineered to Transit Administration; to the Committee sonnel, Department of the Army, transmit- Produce Industrial Components’’ (Doc. No. on Appropriations. ting, pursuant to law, the report of a nomi- 03–038–1) received on September 2, 2003; to EC–3995. A communication from the Chief nation confirmed for the position of Assist- the Committee on Agriculture, Nutrition, of Staff, Trade and Development Agency, a ant Secretary of Defense, Special Operations/ and Forestry. report of Agency funding obligations relative Low Intensity Conflict, received on Sep- EC–3984. A communication from the Con- to Colombia and Pakistan; to the Committee tember 2, 2003; to the Committee on Armed gressional Review Coordinator, Animal and on Appropriations. Services. Plant Health Inspection Service, Department EC–3996. A communication from the Direc- EC–4008. A communication from the Assist- of Agriculture, transmitting, pursuant to tor, Defense Procurement and Acquisition ant Secretary, Indian Affairs, transmitting, law, the report of a rule entitled ‘‘Exotic Policy, Department of Defense, transmit- pursuant to law, the report of a rule entitled Newcastle Disease; Removal of Areas from ting, pursuant to law, the report of a rule en- ‘‘Distribution of Fiscal Year 2003 Indian Res- Quarantine’’ (Doc. No. 02–117–9) received on titled ‘‘Multiyear Procurement Authority ervation Roads Funds’’ (RIN1076–AE34) re- September 2, 2003; to the Committee on Agri- for Environmental Services for Military In- ceived on August 13, 2003; to the Committee culture, Nutrition, and Forestry . stallations’’ (DFARS Case 2003–D004) re- on Indian Affairs. EC–3985. A communication from the Regu- ceived on August 11, 2003; to the Committee EC–4009. A communication from the Direc- latory Contact, Grain Inspection, Packers, on Armed Services. tor, Office of Management and Budget, Exec- and Stockyards Administration, Department EC–3997. A communication from the Direc- utive Office of the President, transmitting, of Agriculture, transmitting, pursuant to tor, Defense Procurement and Acquisition pursuant to law, a report relative to direct law, the report of a rule entitled ‘‘Swine Policy, Department of Defense, transmit- spending or receipts legislation dated June 5, Packer Marketing Contracts; Contract Li- ting, pursuant to law, the report of a rule en- 2003; to the Committee on the Budget. brary’’ (RIN0580–AA71) received on Sep- titled ‘‘Buy-to-Budget Acquisition of End EC–4010. A communication from the Direc- tember 2, 2003; to the Committee on Agri- Items’’ (DFARS Case 2002–D036) received on tor, Office of Surface Mining, Department of culture, Nutrition, and Forestry. August 11, 2003; to the Committee on Armed the Interior, transmitting, pursuant to law, EC–3986. A communication from the Dep- Services. the report of a rule entitled ‘‘Pennsylvania uty Associate Administrator, Environmental EC–3998. A communication from the Under Regulatory Program’’ (PA–137–FOR) received Protection Agency, transmitting, pursuant Secretary of Defense, Acquisition, Tech- on August 13, 2003; to the Committee on En- to law, the report of a rule entitled ‘‘Pro- nology, and Logistics, transmitting, pursu- ergy and Natural Resources. pylene Carbonate; Exemption from the Re- ant to law, a report relative to the conclu- EC–4011. A communication from the Com- quirement of a Tolerance’’ (FRL#7323–7) re- sion of test programs regarding the transpor- missioner, Federal Election Commission, ceived on September 2, 2003; to the Com- tation of household good; to the Committee transmitting, the report of a Statement of mittee on Agriculture, Nutrition, and For- on Armed Services. Policy Regarding Deposition Transcripts in estry. EC–3999. A communication from the Under Nonpublic Investigations; to the Committee EC–3987. A communication from the Dep- Secretary of Defense, Personnel and Readi- on Rules and Administration. uty Associate Administrator, Environmental ness, Department of Defense, transmitting, EC–4012. A communication from the Direc- Protection Agency, transmitting, pursuant the report of a retirement; to the Committee tor, Regulations Management, Veterans Ben- to law, the report of a rule entitled on Armed Services. efits Administration, transmitting, pursuant ‘‘Acetamiprid; Pesticide Tolerance’’ EC–4000. A communication from the Under to law, the report of a rule entitled ‘‘Sched- (FRL#7324–1) received on September 2, 2003; Secretary of Defense, Personnel and Readi- ule for Rating Disabilities; the Spine’’ to the Committee on Agriculture, Nutrition, ness, Department of Defense, transmitting, (FIM2900–AL68) received on August 22, 2003; and Forestry. the report of a retirement; to the Committee to the Committee on Veterans’ Affairs. EC–3988. A communication from the Dep- on Armed Services. EC–4013. A communication from the Direc- uty Associate Administrator, Environmental EC–4001. A communication from the Under tor, Regulations Management, Veterans Ben- Protection Agency, transmitting, pursuant Secretary of Defense, Personnel and Readi- efits Administration, transmitting, pursuant to law, the report of a rule entitled ness, Department of Defense, transmitting, to law, the report of a rule entitled ‘‘Medica- ‘‘Bifenthrin; Pesticide Tolerance for Emer- pursuant to law, the Department’s Consoli- tion Prescribed by Non-VA Physicians’’ gency Exemption; Technical Amendment’’ dated Financial Statement, Independent (RIN2900–AL68) received on August 22, 2003; (FRL#7323–9) received on September 2, 2003; Auditor Report, and Opinion of the Auditor to the Committee on Veterans’ Affairs. to the Committee on Agriculture, Nutrition, General of the Army; to the Committee on EC–4014. A communication from the Direc- and Forestry. Armed Services. tor, Regulations Management, Veterans Ben- EC–3989. A communication from the Dep- EC–4002. A communication from the Alter- efits Administration, transmitting, pursuant uty Associate Administrator, Environmental nate OSD Federal Register Liaison Officer, to law, the report of a rule entitled ‘‘Pre- Protection Agency, transmitting, pursuant Department of Defense, transmitting, pursu- sumption of Service Connection for Cirrhosis to law, the report of a rule entitled ‘‘Lambda ant to law, the report of a rule entitled of the Liver in Former Prisoners of War’’ Cyhalothrin; Pesticide Tolerances for Emer- ‘‘Transactions Other than Contracts, Grants, (RIN2900–AL36) received on August 22, 2003; gency Exemptions’’ (FRL#7321–3) received on or Cooperative Agreements for Prototype to the Committee on Veterans’ Affairs. September 2, 2003; to the Committee on Agri- Projects’’ (RIN0720–AA49) received on August EC–4015. A communication from the Direc- culture, Nutrition, and Forestry. 11, 2003; to the Committee on Armed Serv- tor, Regulations Management, Veterans Ben- EC–3990. A communication from the Sec- ices. efits Administration, transmitting, pursuant retary of Agriculture, transmitting, a draft EC–4003. A communication from the Under to law, the report of a rule entitled ‘‘In- of proposed legislation; to the Committee on Secretary of Defense, Acquisition, Tech- creases in Rates Payable Under the Mont- Agriculture, Nutrition, and Forestry. nology, and Logistics, Department of De- gomery GI Bill—Selected Reserve’’ (RIN2900– EC–3991. A communication from the Dep- fense, transmitting, pursuant to law, a re- AL41) received on August 22, 2003; to the uty Associate Administrator, Environmental port relative to the C–5 Modernization Pro- Committee on Veterans’ Affairs. Protection Agency, transmitting, pursuant gram and Alternative Live Fire Test and EC–4016. A communication from the Direc- to law, the report of a rule entitled Evaluation Test Plan; to the Committee on tor, Regulations Management, Veterans Ben- ‘‘Flumioxazin, Pesticide Tolerances for Armed Services. efits Administration, transmitting, pursuant

VerDate jul 14 2003 03:56 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A09SE6.035 S09PT1 September 9, 2003 CONGRESSIONAL RECORD — SENATE S11245 to law, the report of a rule entitled ‘‘Filipino By Mr. LEAHY (for himself, Mr. DUR- the Social Security Act to repeal the Veterans Eligible for Hospital Care, Nursing BIN, Mr. SCHUMER, Mr. DODD, Mr. Government pension offset and wind- Home Care, and Medical Services’’ (RIN2900– LIEBERMAN, Mrs. CLINTON, Mr. fall elimination provisions. AL18) received on August 22, 2003; to the CORZINE, and Mr. LAUTENBERG): S. 606 Committee on Veterans’ Affairs. S. 1602. A bill to amend the September 11th At the request of Mr. GREGG, the f Victim Compensation Fund of 2001 to extend the deadline for filing a claim to December name of the Senator from California INTRODUCTION OF BILLS AND 31, 2004; to the Committee on the Judiciary. (Mrs. BOXER) was added as a cosponsor JOINT RESOLUTIONS f of S. 606, a bill to provide collective The following bills and joint resolu- bargaining rights for public safety offi- SUBMISSION OF CONCURRENT AND cers employed by States or their polit- tions were introduced, read the first SENATE RESOLUTIONS and second times by unanimous con- ical subdivisions . sent, and referred as indicated: The following concurrent resolutions S. 642 and Senate resolutions were read, and At the request of Mr. BAYH, the name By Mr. REID (for himself and Mr. EN- SIGN): referred (or acted upon), as indicated: of the Senator from Kentucky (Mr. S. 1593. A bill to amend the Head Start Act By Mr. GRAHAM of South Carolina BUNNING) was added as a cosponsor of to improve provisions relating to updating (for himself, Mr. SCHUMER, Mr. S. 642, a bill to amend the National population data; to the Committee on VOINOVICH, Mr. CHAMBLISS, Mr. Trails System Act to extend the Lewis Health, Education, Labor, and Pensions. LIEBERMAN, Mr. ALLEN, Mr. SPECTER, and Clark National Historic Trail. Mr. ENZI, and Mr. KYL): By Mrs. FEINSTEIN (for herself, Mr. S. 780 DASCHLE, Mr. DODD, Mr. LIEBERMAN, S. Res. 219. A resolution to encourage the At the request of Mr. LOTT, the name Mr. JOHNSON, Mr. BINGAMAN, Mrs. People’s Republic of China to establish a of the Senator from South Dakota (Mr. LINCOLN, Mr. FEINGOLD, Mr. LAUTEN- market-based valuation of the yuan and to BERG, Mr. LEAHY, and Mr. DURBIN): fulfill its commitments under international JOHNSON) was added as a cosponsor of S. 1594. A bill to require a report on recon- trade agreements; to the Committee on For- S. 780, a bill to award a congressional struction efforts in Iraq; to the Committee eign Relations. gold medal to Chief Phillip Martin of on Foreign Relations. By Ms. MURKOWSKI: the Mississippi Band of Choctaw Indi- By Mr. KERRY: S. Res. 220. A resolution designating the ans. S. 1595. A bill to amend the Internal Rev- ninth day of September of each year as ‘‘Na- S. 971 enue Code of 1986 to allow small business em- tional Fetal Alcohol Syndrome Awareness ployers a credit against income tax with re- Day’’; to the Committee on the Judiciary. At the request of Mr. HARKIN, the spect to employees who participate in the By Mr. SARBANES (for himself, Ms. name of the Senator from Kansas (Mr. military reserve components and are called MIKULSKI, Mr. EDWARDS, Mr. KERRY, ROBERTS) was added as a cosponsor of to active duty and with respect to replace- Mr. PRYOR, and Mr. LEVIN): S. 971, a bill to amend title XIX of the ment employees and to allow a comparable S. Res. 221. A resolution recognizing Na- Social Security Act to provide individ- credit for activated military reservists who tional Historically Black Colleges and Uni- uals with disabilities and older Ameri- are self-employed individuals, and for other versities and the importance and accom- cans with equal access to community- plishments of historically Black colleges and purposes; to the Committee on Finance. based attendant services and supports, By Mr. MILLER (for himself and Mr. universities; to the Committee on Health, and for other purposes. CHAMBLISS): Education, Labor, and Pensions. S. 1596. A bill to designate the facility of By Mr. LUGAR (for himself, Mr. BIDEN, S. 1091 the United States Postal Service located at Mr. FRIST, Mr. DASCHLE, Mr. MCCON- At the request of Mr. DURBIN, the 255 North Main Street in Jonesboro, Georgia, NELL, Mr. LEVIN, Mr. KYL, Mr. BAYH, names of the Senator from Minnesota as the ‘‘S. Truett Cathy Post Office Build- Mr. HATCH, Mr. GRAHAM of Florida, (Mr. DAYTON), the Senator from New ing’’; to the Committee on Governmental Af- Mr. LEAHY, Mr. SARBANES, and Mr. Jersey (Mr . LAUTENBERG) and the Sen- HAGEL): fairs. ator from Michigan (Mr. LEVIN) were S. Con. Res. 66. A concurrent resolution By Mr. ALLEN (for himself, Mr. WAR- added as cosponsors of S. 1091, a bill to NER, Mr. EDWARDS, Mrs. DOLE, Mr. commending the National Endowment for HOLLINGS, Mr. GRAHAM of South Democracy for its contributions to demo- provide funding for student loan repay- Carolina, Mr. CHAMBLISS, and Ms. cratic development around the world on the ment for public attorneys. SNOWE): occasion of the 20th anniversary of the estab- S. 1201 S. 1597. A bill to provide mortgage pay- lishment of the National Endowment for De- At the request of Mr. GRAHAM of ment assistance for employees who are sepa- mocracy; to the Committee on Foreign Rela- South Carolina, the name of the Sen- tions. rated from employment; to the Committee ator from Vermont (Mr. LEAHY) was on Health, Education, Labor, and Pensions. f added as a cosponsor of S. 1201, a bill to By Ms. SNOWE: S. 1598. A bill to require the Comptroller ADDITIONAL COSPONSORS promote healthy lifestyles and prevent General to carry out a study to determine unhealthy, risky behaviors among S. 170 the feasibility of undertaking passenger rail teenage youth. OINOVICH transportation security programs that are At the request of Mr. V , the S. 1213 similar to those of foreign countries; to the name of the Senator from Michigan At the request of Mr. SPECTER, the Committee on Commerce, Science, and (Mr. LEVIN) was added as a cosponsor of name of the Senator from Washington Transportation. S. 170, a bill to amend the Federal (Ms. CANTWELL) was added as a cospon- By Ms. SNOWE: Water Pollution Control Act to author- sor of S. 1213, a bill to amend title 38, S. 1599. A bill to require the Secretary of ize appropriations for State water pol- Homeland Security to conduct a study of the United States Code, to enhance the lution control revolving funds, and fur- ability of the Department of Veterans feasibility of implementing a program for ther purposes. the full screening of passengers, baggage, Affairs to improve benefits for Filipino and cargo on Amtrak trains, and for other S. 290 veterans of World War II and survivors purposes; to the Committee on Commerce, At the request of Mr. BINGAMAN, the of such veterans, and for other pur- Science, and Transportation. name of the Senator from Texas (Mr. poses. By Mr. CAMPBELL (for himself and CORNYN) was added as a cosponsor of S. S. 1283 Mr. INOUYE): 290, a bill to amend the Intermodal At the request of Mr. GRAHAM of S. 1600. A bill to provide for periodic Indian Surface Transportation Efficiency Act needs assessments, to require Federal Indian Florida, the name of the Senator from program evaluations, and for other purposes; of 1991 to identify a route that passes Michigan (Ms. STABENOW) was added as to the Committee on Indian Affairs. through the States of Texas, New Mex- a cosponsor of S. 1283, a bill to require By Mr. CAMPBELL (for himself and ico, Oklahoma, and Kansas as a high advance notification of Congress re- Mr. INOUYE): priority corridor on the National High- garding any action proposed to be S. 1601. A bill to amend the Indian Child way System. taken by the Secretary of Veterans Af- Protection and Family Violence Prevention S. 349 fairs in the implementation of the Cap- Act to provide for the reporting and reduc- tion of child abuse and family violence At the request of Mrs. FEINSTEIN, the ital Asset Realignment for Enhanced incidences on Indian reservations, and for name of the Senator from Washington Services initiative of the Department other purposes; to the Committee on Indian (Mrs. MURRAY) was added as a cospon- of Veterans Affairs, and for other pur- Affairs. sor of S. 349, a bill to amend title II of poses.

VerDate jul 14 2003 03:56 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A09SE6.036 S09PT1 S11246 CONGRESSIONAL RECORD — SENATE September 9, 2003 S. 1298 ing the sense of the Senate regarding Vermont (Mr. JEFFORDS), the Senator At the request of Mr. AKAKA, the the genocidal Ukraine Famine of 1932– from Rhode Island (Mr. REED), the Sen- name of the Senator from Connecticut 33. ator from Maryland (Mr. SARBANES), (Mr. LIEBERMAN) was added as a co- S. RES. 209 the Senator from Washington (Ms. sponsor of S. 1298, a bill to amend the At the request of Mr. JEFFORDS, the CANTWELL), the Senator from Lou- Farm Security and Rural Investment names of the Senator from Hawaii (Mr. isiana (Ms. LANDRIEU), the Senator Act of 2002 to ensure the humane AKAKA), the Senator from Virginia (Mr. from Michigan (Ms. STABENOW), and slaughter of non-ambulatory livestock, ALLEN), the Senator from Utah (Mr. the Senator from Illinois (Mr. DURBIN) and for other purposes. BENNETT), the Senator from Missouri were added as cosponsors of amend- S. 1381 (Mr. BOND), the Senator from Cali- ment No. 1543 proposed to H.R. 2660, a At the request of Mrs. LINCOLN, the fornia (Mrs. BOXER), the Senator from bill making appropriations for the De- name of the Senator from Washington Montana (Mr. BURNS), the Senator partments of Labor, Health and Human (Mrs. MURRAY) was added as a cospon- from West Virginia (Mr. BYRD), the Services, and Education, and related sor of S. 1381, a bill to amend the Inter- Senator from New York (Mrs. CLIN- agencies for the fiscal year ending Sep- nal Revenue Code of 1986 to modify cer- TON), the Senator from Mississippi (Mr. tember 30, 2004, and for other purposes. tain provisions relating to the treat- COCHRAN), the Senator from Ohio (Mr. AMENDMENT NO. 1552 ment of forestry activities. DEWINE), the Senator from New Mexico At the request of Ms. MIKULSKI, the S. 1434 (Mr. DOMENICI), the Senator from name of the Senator from Minnesota At the request of Mrs. LINCOLN, the North Dakota (Mr. DORGAN), the Sen- (Mr. DAYTON) was added as a cosponsor name of the Senator from Michigan ator from California (Mrs. FEINSTEIN), of amendment No. 1552 proposed to (Ms. STABENOW) was added as a cospon- the Senator from Iowa (Mr. GRASSLEY), H.R. 2660, a bill making appropriations sor of S. 1434, a bill to amend the Inter- the Senator from Utah (Mr. HATCH), for the Departments of Labor, Health nal Revenue Code of 1986 to accelerate the Senator from Maryland (Ms. MI- and Human Services, and Education, the increase in the refundability of the KULSKI), the Senator from Georgia (Mr. and related agencies for the fiscal year child tax credit, and for other purposes. MILLER), the Senator from Arkansas ending September 30, 2004, and for (Mr. PRYOR), the Senator from Nevada S. 1528 other purposes. (Mr. REID), the Senator from Kansas At the request of Mr. CAMPBELL, the AMENDMENT NO. 1561 (Mr. ROBERTS), the Senator from New name of the Senator from New Mexico At the request of Mr. DEWINE, the York (Mr. SCHUMER), and the Senator (Mr. DOMENICI) was added as a cospon- names of the Senator from Michigan from New Hampshire (Mr. GREGG) were sor of S. 1528, a bill to establish a pro- (Ms. STABENOW) and the Senator from added as cosponsors of S. Res. 209, a cedure to authorize the integration and Illinois (Mr. FITZGERALD) were added as resolution recognizing and honoring coordination of Federal funding dedi- cosponsors of amendment No. 1561 pro- Woodstock, Vermont, native Hiram cated to the community, business, and posed to H.R. 2660, a bill making appro- Powers for his extraordinary and en- economic development of Native Amer- priations for the Departments of during contributions to American ican communities. Labor, Health and Human Services, sculpture. S. 1545 and Education, and related agencies for S. RES. 212 At the request of Mr. HATCH, the the fiscal year ending September 30, At the request of Mrs. FEINSTEIN, the names of the Senator from Connecticut 2004, and for other purposes. names of the Senator from Connecticut (Mr. DODD), the Senator from Min- AMENDMENT NO. 1562 (Mr. LIEBERMAN) and the Senator from nesota (Mr. COLEMAN), and the Senator At the request of Mr. DODD, the name Arizona (Mr. MCCAIN) were added as co- from Nevada (Mr. REID) were added as sponsors of S. Res. 212, a resolution of the Senator from New Jersey (Mr. cosponsors of S. 1545, a bill to amend welcoming His Holiness the Fourteenth CORZINE) was added as a cosponsor of the Illegal Immigration Reform and Dalai Lama and recognizing his com- amendment No. 1562 intended to be pro- Immigrant Responsibility Act of 1996 mitment to non-violence, human posed to H.R. 2660, a bill making appro- to permit States to determine State rights, freedom, and democracy. priations for the Departments of residency for higher education pur- Labor, Health and Human Services, poses and to authorize the cancellation AMENDMENT NO. 1543 and Education, and related agencies for of removal and adjustment of status of At the request of Mr. BYRD, the the fiscal year ending September 30, certain alien students who are long- names of the Senator from Iowa (Mr. 2004, and for other purposes. HARKIN), the Senator from Connecticut term United States residents. AMENDMENT NO. 1566 (Mr. DODD), the Senator from North S. 1550 Dakota (Mr. DORGAN), the Senator At the request of Mr. KENNEDY, the At the request of Mr. GREGG, the from Wisconsin (Mr. KOHL), the Sen- names of the Senator from South Da- name of the Senator from Wyoming ator from New Mexico (Mr. BINGAMAN), kota (Mr. JOHNSON), the Senator from (Mr. ENZI) was added as a cosponsor of the Senator from Connecticut (Mr. Vermont (Mr. LEAHY) and the Senator S. 1550, a bill to change the 30-year LIEBERMAN), the Senator from Min- from Arkansas (Mrs. LINCOLN) were treasury bond rate to a composite cor- nesota (Mr. DAYTON), the Senator from added as cosponsors of amendment No. porate rate, and to establish a commis- Arkansas (Mr. PRYOR), the Senator 1566 proposed to H.R. 2660, a bill mak- sion on defined benefit plans. from New Jersey (Mr. CORZINE), the ing appropriations for the Departments S. 1587 Senator from Maryland (Ms. MIKUL- of Labor, Health and Human Services, At the request of Mr. BIDEN, the SKI), the Senator from New York (Mr. and Education, and related agencies for names of the Senator from Maryland SCHUMER), the Senator from Massachu- the fiscal year ending September 30, (Mr. SARBANES) and the Senator from setts (Mr. KENNEDY), the Senator from 2004 , and for other purposes. New York (Mr. SCHUMER) were added as South Dakota (Mr. JOHNSON), the Sen- AMENDMENT NO. 1588 cosponsors of S. 1587, a bill to make it ator from North Carolina (Mr. ED- At the request of Mr. BINGAMAN, the a criminal act to willfully use a weap- WARDS), the Senator from Washington names of the Senator from Massachu- on, explosive, chemical weapon, or nu- (Mrs. MURRAY), the Senator from West setts (Mr. KENNEDY), the Senator from clear or radioactive material with the Virginia (Mr. ROCKEFELLER), the Sen- Massachusetts (Mr. KERRY) and the intent to cause death or serious bodily ator from New Jersey (Mr. LAUTEN- Senator from Arkansas (Mrs. LINCOLN) injury to any person while on board a BERG), the Senator from Arkansas were added as cosponsors of amend- passenger vessel, and for other pur- (Mrs. LINCOLN), the Senator from ment No. 1588 intended to be proposed poses. Vermont (Mr. LEAHY), the Senator to H.R. 2660, a bill making appropria- S. RES. 202 from Florida (Mr. GRAHAM), the Sen- tions for the Departments of Labor, At the request of Mr. CAMPBELL, the ator from Massachusetts (Mr. KERRY), Health and Human Services, and Edu- name of the Senator from Minnesota the Senator from Michigan (Mr. cation, and related agencies for the fis- (Mr. COLEMAN) was added as a cospon- LEVIN), the Senator from New York cal year ending September 30, 2004, and sor of S. Res. 202, a resolution express- (Mrs. CLINTON), the Senator from for other purposes.

VerDate jul 14 2003 03:56 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A09SE6.038 S09PT1 September 9, 2003 CONGRESSIONAL RECORD — SENATE S11247 STATEMENTS ON INTRODUCED struggle each year to make room for Congresswoman BERKLEY has intro- BILLS AND JOINT RESOLUTIONS new students. Despite all this, Nevada duced a similar bill in the House of By Mr. REID (for himself and Mr. is dead last in Federal per-pupil edu- Representatives, and I applaud her ENSIGN): cation funding. And I want to reiterate leadership on this issue. S. 1593. A bill to amend the Head that this problem is not unique to Ne- This bill will make a difference in Start Act to improve provisions relat- vada—schools in other states also face the lives of thousands of at-risk chil- ing to updating population data; to the budget strains as a result of high popu- dren in Nevada and across the Nation. Committee on Health, Education, lation growth rates. It is a matter of fundamental fairness. Labor, and Pensions. These States deserve their fair share Most important, it represents a small Mr. REID. Mr. President, it’s been of federal education dollars. It is an but significant step toward fulfilling more than a year and a half since the issue of fundamental fairness. I hope the promise we made a year and a half No Child Left Behind Act became law. that we will address this problem in a ago—a promise to leave no child be- By passing that bill into law, we re- comprehensive manner the next time hind. affirmed our commitment to provide we revisit NCLB. In the meantime, I ask unanimous consent that the every American child with a quality however, we should take this oppor- text of the bill be printed in the education. tunity to correct a similar flaw in the RECORD. The education of our children must way we fund Head Start. There being no objection, the bill was be one of our top priorities, because Throughout its 38-year history, Head ordered to be printed in the RECORD, as they are the future of this country. We Start has helped put millions of at-risk follows: have to give them the tools they need children on the path to success by giv- S. 1593 to succeed. ing them the social and academic skills Be it enacted by the Senate and House of Rep- Unfortunately, the fight against ter- they need to succeed in elementary resentatives of the United States of America in rorism and the war in Iraq have driven school. It is a textbook example of a Congress assembled, Federal program that has worked. SECTION 1. UPDATING POPULATION DATA. education off the national agenda. This Section 640(a)(4) of the Head Start Act (42 is especially disappointing now because Consider some of the statistics. At- risk children who participate in a qual- U.S.C. 9835(a)(4)) is amended in the flush public schools across the Nation are in matter following subparagraph (B)— jeopardy as States struggle to close un- ity early childhood education program (1) by striking ‘‘shall use the most recent precedented budget deficits. At a time are 33 percent more likely to graduate data available’’ and inserting ‘‘shall use data when NCLB is imposing new unfunded from high school, and 25 percent less that is not more than 2 years old’’; and mandates on States and local govern- likely to repeat a grade. Since a year of (2) by striking ‘‘use of the most recent data ments, schools have watched helplessly public education for one student costs available’’ and inserting ‘‘such data’’. as their budgets have been slashed. approximately $5,900, it is safe to say that Head Start has saved taxpayers By Mrs. FEINSTEIN (for herself, Many of these schools are located in Mr. DASCHLE, Mr. DODD, Mr. poor and rural areas, where the millions of dollars. Young women who participated in a LIEBERMAN, Mr. JOHNSON, Mr. achievement gap is widest. These quality early childhood education pro- BINGAMAN, Mrs. LINCOLN, Mr. schools simply don’t have the resources gram have 33 percent fewer children FEINGOLD, Mr. LAUTENBERG, Mr. they need to do their job, and children out of wedlock, and are 25 percent less LEAHY, and Mr. DURBIN): are being left behind as a result. likely to become teen mothers. Every S. 1594. A bill to require a report on Some States, including Nevada, face dollar we invest in Head Start trans- reconstruction efforts in Iraq; to the an additional problem. These States lates into four dollars of benefits for Committee on Foreign Relations. have extremely high rates of popu- at-risk children, their families, and Mrs. FEINSTEIN. Mr. President, I lation growth, and as a result they find American taxpayers. rise today with Senators DASCHLE, themselves in a never-ending race to So as you can see, Head Start is a DODD, LIEBERMAN, BINGAMAN, JOHNSON, fund the growing demand for edu- critical component of public education FEINGOLD and LINCOLN to introduce cation. The formulas that allocate Fed- in this country. Its holistic approach legislation to require the President to eral education dollars usually don’t also addresses many of the underlying report to Congress on his vision for a factor high growth rates into their cal- causes of poor academic performance democratic, economically viable, and culations. So, schools in these States by providing medical services and guid- politically stable Iraq, his plan for find their backs against the wall even ance for parents of at-risk children. achieving those goals, and an estimate in the best fiscal conditions. You can But State budget crises have placed on how much this is going to cost. imagine how precarious their situation Head Start programs under siege along After months of dodging questions, is in a time of record federal and state with all other aspects of public edu- giving half-answers, and ignoring Con- budget deficits. cation—and programs in high-growth gressional requests, the time has come I mentioned my State, Nevada. The states are among the hardest hit. Ne- for this Administration to level with condition of its public schools is, in vada has seven centralized Head Start the American people and Congress and many ways, quite dismal. Nevada has agencies that administer almost 50 spell-out its plan for rebuilding a coun- one of the highest high school dropout Head Start programs throughout the try torn apart by years of dictatorial rates in the country and one of the State. At current funding levels, these rule, ethnic strife, war, and terror. lowest high school graduation rates. It programs serve approximately 2,500 at- Our legislation requires the Presi- is near the bottom in performance on risk children not nearly as many as dent within 60 days of the enactment of national reading, writing, and math they could serve with adequate re- this act to report to Congress on: the tests. Per-pupil, Nevada spends less sources. current economic, political, and mili- money on its students than all but five We need to do everything in our tary situation in Iraq including the other States. I could cite many other power to help Head Start programs number, type and location of attacks statistics, but you get the picture—and meet demand, because better-prepared on U.S. and Coalition military and ci- it isn’t pretty. students make elementary and sec- vilian personnel in the previous 60 There is no magic fix for the prob- ondary schools more effective. And be- days; a discussion of the measures lems facing schools in Nevada, or any cause Head Start is a partnership be- taken to protect U.S. troops serving in other state. And because schools are tween the Federal Government and Iraq; a detailed plan for the establish- primarily the responsibility of indi- States, Congress has the power to ment of civil, economic and political vidual states, there is only so much the make a real difference on this issue. security in Iraq, including the restora- federal government can do to help. But That is why I am today introducing tion of basic services such as water and I believe Nevada’s problems stem in the High Growth Head Start Assistance electricity and the construction of part from the fact that its high growth Act. It will reward high-growth States, schools, roads, and medical clinics in rate prevents it from receiving its fair such as Nevada, for their commitment Iraq; the current and projected mone- share of Federal education funding. Ne- to Head Start by ensuring that pro- tary costs incurred by the United vada is the fastest growing State in the grams in their state receive their fair States, by Iraq, and by the inter- Nation by a wide margin. Its schools share of Federal funds. national community; actions taken

VerDate jul 14 2003 03:56 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A09SE6.048 S09PT1 S11248 CONGRESSIONAL RECORD — SENATE September 9, 2003 and to be taken by the Administration tion from the Administration about its for other purposes; to the Committee to secure increased international par- intentions in Iraq. And that is why I on Finance. ticipation in peacekeeping forces and am introducing this legislation. Mr. KERRY. Mr. President, the con- in the economic and political recon- We have assumed an enormous re- tinuing activation of military reserv- struction of Iraq; a detailed time-frame sponsibility in Iraq and we must stay ists to serve in Iraq and the war on ter- and specific steps to be taken for the the course. But let us hear from the ror has imposed a tremendous burden restoration of self-government to the Administration on how it intends to on many of our country’s small busi- Iraqi people; cost estimates for achiev- stay that course and where that course nesses. Too many small businesses, ing those goals; and U.S. and inter- will lead us. I urge my colleagues to when their employees are asked to national military personnel require- support this legislation. leave their jobs and serve the Nation, ments for achieving those goals. I ask unanimous consent that the are unable to continue operating suc- I am pleased that, as Secretary of text of the bill be printed in the cessfully and face severe financial dif- State Colin Powell announced last RECORD. ficulties, even bankruptcy. At the same week, the Administration has finally There being no objection, the bill was time, more than one-third of military decided to seek an additional United ordered to be printed in the RECORD, as reservists and National Guard members Nations Security Council Resolution follows: suffer a pay cut when they’re called to authorizing increased U.N. participa- S. 1594 defend our Nation. Large businesses have the resources to provide supple- tion in multinational peacekeeping Be it enacted by the Senate and House of Rep- forces and the political and economic resentatives of the United States of America in mental income to reservist employees reconstruction of Iraq. Congress assembled, called up for active duty and to replace Nevertheless, President Bush waited SECTION 1. FINDINGS. them with a temporary employee. How- far too long to seek additional help Congress makes the following findings: ever, many small businesses are unable and, as a result, we will face an ever (1) Although President George W. Bush de- to provide this assistance or tempo- greater challenge in rebuilding Iraq in clared an end to major combat operations in rarily replace the employee. I believe the months and years ahead. And this Iraq on May 1, 2003, as of early September the Federal Government must take ac- past Sunday, President Bush an- 2003, conditions in parts of Iraq continue to tion to help small businesses weather be unstable, and President Bush has not yet the loss of an employee to active duty nounced his intention to seek an addi- provided Congress with a detailed plan that tional $87 billion to fund reconstruc- and protect small business employees outlines the strategic objectives of Oper- and their families from suffering a pay tion efforts and military and intel- ation Iraqi Freedom, explains how and when ligence operations in Iraq and Afghani- the President plans to accomplish these ob- cut to serve our Nation. That is why I stan. jectives, and estimates the costs to be borne am introducing legislation that will What we need now is a plan on how to by United State taxpayers and the inter- provide an immediate tax credit to as- rebuild Iraq, an estimate on how much national community. sist both military reservists who are it is going to cost, what personnel, (2) On September 7, 2003, President Bush called to active duty and the small both military and civilian, U.S. and announced his intention to seek an addi- businesses who must endure their ab- tional $87,000,000,000 to fund reconstruction international, will be needed, and what sence. efforts and military and intelligence oper- The Small Business Military Reserv- the end game will look like. ations in Iraq, Afghanistan, and elsewhere. Our troops, along with our British ist Tax Credit Act that I am intro- SEC. 2. REPORT. ducing today will provide immediate and Australian allies, performed bril- Not later than 60 days after the date of the liantly in executing Operation Iraqi enactment of this Act, the President shall help to affected small businesses Freedom. Their unmatched skill, brav- submit to Congress a report setting forth— through a Federal income tax credit ery, and professionalism made us all (1) a description of the economic, political, and a reduced withholding requirement proud. They overthrew a tyrannical re- and military situation in Iraq, including the to help pay the difference in salary for gime in three weeks and, for the first number, type, and location of attacks on a reservist called up to active duty and time in over thirty years, brought hope United States and other Coalition military the cost of temporarily replacing that and civilian personnel in the preceding 60 to millions of Iraqis. We owe them a employee while he or she is serving our days; Nation. Specifically, the bill will pro- tremendous debt of gratitude. (2) a discussion of the measures taken to But I believe United States troops as- protect United States troops serving in Iraq; vide a tax credit of up to $12,000 to any sumed too great a burden in terms of (3) a detailed plan for achieving the goal of very small business, defined as any manpower and exposure to risk, and establishing civil, economic, and political se- business with up to 50 employees, will be forced to remain in Iraq longer curity in Iraq, including the restoration of whose employee has been called up for than expected and at a higher financial basic services such as water and electricity active duty. Up to $6,000 can be used to cost. and the construction of schools, roads, and assist in paying any difference in sal- Let us look at the facts. medical clinics; ary for the activated reservist and up (4) the monetary costs currently incurred to an additional $6,000 can be used to Sixty-seven Americans have died in and projected to be incurred by the United hostile action since the President de- States, the United Nations, Iraq, and the help hire a temporary replacement. For clared an end to major combat oper- international community; small manufacturers with up to 100 em- ations on May 1, 2003. In total, 286 U.S. (5) the actions taken and to be taken by ployees, the bill will provide a tax troops have died in Iraq, 146 since May the President to secure increased inter- credit of up to $20,000, up to $10,000 to 1. national participation in peacekeeping ef- hire a temporary replacement. This tax One hundred and thirty-nine thou- forts and in the economic and political re- credit is critical to immediately help sand U.S. troops are currently serving construction of Iraq; struggling entrepreneurs keep their in Iraq, comprising 85 percent of coali- (6) a detailed schedule and specific steps small businesses running after the loss for achieving the goal of restoring self-gov- tion forces. ernment to the Iraqi people; and of an employee to temporary military Four car bombings in the past month (7) United States and international mili- service. Too many American small have killed 121 people, including the tary and civilian personnel requirements. manufacturers are already facing a dif- UN’s top envoy to Iraq, Sergio Vieira ficult economy and strong inter- de Mello. By Mr. KERRY: national competition. This legislation Earlier this year, Secretary of De- S. 1595. A bill to amend the Internal provides higher thresholds for small fense Donald Rumsfeld stated that the Revenue Code of 1986 to allow small manufacturers because they need United States is spending approxi- business employers a credit against in- greater help and employ more tech- mately $4 billion a month in Iraq and, come tax with respect to employees nical workers who are more expensive given the President’s statement Sun- who participate in the military reserve and difficult to replace. It will also day, there is no indication that this components and are called to active help cushion the financial cost of being figure will go down anytime in the near duty and with respect to replacement a citizen soldier for our reservists. I am future. employees and to allow a comparable pleased that this legislation is sup- These are enormous commitments, credit for activated military reservists ported by the Reserve Officers Associa- and yet, we do not have a clear indica- who are self-employed individuals, and tion.

VerDate jul 14 2003 03:56 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.092 S09PT1 September 9, 2003 CONGRESSIONAL RECORD — SENATE S11249 Since 1973, the United States has phen’s, should not be crippled or inca- vide interim operating capital to any built an all-volunteer military of pacitated when their workers are small business when the departure of a which reservists are an essential part. called to serve our Nation. Our reserv- military reservist for active duty Our reservists are much more than ist solders who are called away from causes economic injury. According to weekend warriors. When they are their jobs to serve our country should published reports, more than 10,000 called to active duty, they are a crit- not have to endanger their family’s fi- small businesses have applied for these ical ingredient of any long-term or sig- nances to do so. loans since August 2001. However, in to- nificant deployment of American The United States Chamber of Com- day’s economy, many small businesses forces. Everyone knows the contribu- merce estimates that 70 percent of are unable to take on additional debt tions our reservists have made in the military reservists called to active to continue their operations. These Army, Navy, Air Force, Marines and duty work in small- or medium-size small businesses need immediate tax Coast Guard. They have been serving companies. Everyone knows that small relief to assist them in hiring a re- our country with distinction and pride businesses continue to be a most effec- placement and to pay their reservist for many years and should not be pe- tive at creating new jobs and spurring worker who is away serving our coun- nalized financially for their honorable economic growth nationwide. Small try. service. The use of reservists is a sig- businesses employ over 50 percent of This bill will help every small busi- nificant way to reduce the costs of the nation’s work force. Nationwide, ness whose owner, manager or em- maintaining a standing army and the small businesses are currently creating ployee is called to active duty. Most cost of carrying a full standing army, 75 percent of new jobs. Furthermore, immediately, this bill will assist those in lieu of having a critical reservist many these small businesses provide small businesses whose employees are component, far outweighs the small, quality goods and services that are a in service in Iraq and elsewhere but the targeted tax credit developed in this vital link in the supply chain for our act also applies to future contingency legislation. national defense. Many these small operations, military conflicts, or na- Reservists have become a vital com- companies need immediate help to tional emergencies. ponent of U.S. forces in Iraq and the keep their business going while their I ask all my colleagues to support war on terror. On September 14, 2001, employees are sacrificing for our coun- this important legislation to help both President Bush issued Executive Order try in Iraq and elsewhere. military reservists and the small busi- 13223 authorizing the activation of up Many of our reservists left their com- nesses they are forced to leave when to 1 million military reservists for up panies in good shape. They were profit- they are called up for active duty. to two years of active duty. Since Oc- able, providing goods or services, cre- tober 2002, there has been a presi- ating jobs, adding to the tax base. Our By Mr. ALLEN (for himself, Mr. dentially approved ceiling of 300,000 on nation should do everything possible to WARNER, Mr. EDWARDS, Mrs. the number of reservists that can be on ensure that upon their return, reserv- DOLE, Mr. HOLLINGS, Mr. duty at any one time. Some 295,000 re- ists and their businesses to do suffer GRAHAM of South Carolina, Mr. serves have been called up cumula- unnecessary hardships that ranges CHAMBLISS, and Ms. SNOWE): tively since the issuance of the original from impaired operations financial S. 1597. A bill to provide mortgage Executive Order. Today, there are ruin; from deserted clients to layoffs, payment assistance for employees who about 181,500 reserves on active duty in and even closure. are separated from employment; to the the war against terrorism. Beyond the hardship of leaving their Committee on Health, Education, Just today, the Army announced that families, their homes and their regular Labor, and Pensions. thousands of National Guard and Army employment, more than one-third of Mr. ALLEN. Mr. President, I rise Reserve forces will be required to ex- military reservists and National Guard today to introduce the Homestead tend their tours of duty. The new order members face a pay cut when they’re Preservation Act which would make requiring 12-month tours in Iraq and called for active duty in our armed available low-interest loans to Amer- elsewhere means that many National forces. Many of these reservists have ican workers who have been displaced Guard and Army Reserve troops could families who depend upon that pay- by international trade so they can con- have their mobilizations extended any- check to survive and can least afford a tinue to make home mortgage pay- where from 1 month to 6 months. Ex- substantial reduction in pay. Unlike ments. This legislation would provide tending tours of duty will make it many big businesses that can afford to needed mortgage payment assistance more difficult for reservists, their fam- provide supplemental income to make to these Americans facing difficult ilies and the small businesses where up for the salary disparity for military times. they work to endure the hardships as- reservists called to active duty, most While the relaxation of trade barriers sociated with serving our nation. It is small businesses cannot afford to pro- and free trade agreements have opened imperative that we provide them with vide this benefit. This makes it more some new markets to American prod- immediate assistance. difficult for small businesses to attract ucts and services, it has also led to a A recent story in the Financial and keep workers. I think it is impera- decline in the U.S. manufacturing and Times demonstrates the heavy price tive that we help families of reservists textile industries. These are the jobs that some small businesses are forced maintain their standard of living while that hard working Americans have de- to pay when one of their employees is their loved one serves our nation. We pended on for generations and plants called up for active duty. Lt. Col. Ste- must ensure that our great tradition of and facilities that have helped to sus- phen Brozak, a Marine reservist and citizen soldiers does not fade or stop tain communities for decades. small business partner, was called up because of the effect service has on Americans are industrious, hard- for active duty in November 2002. In ad- work and family. working and innovative, but it is un- dition to being a partner in the small Back in 1999, I wrote the Military Re- fair to ask them to compete for em- financial services firm, Westfield servist Small Business Relief Act, ployment with workforces that do not Bakerink Brozak, Stephen is the only which was enacted into law during the operate under comparable environ- research analyst in the San Diego- 106th Congress and authorized the mental or labor regulations and in based company. Since Stephen left to Small Business Administration (SBA) countries that do not reciprocate and serve our country, the company has to defer existing loan repayments and violate trade rules. I want to make been unable to continue working on to reduce the interest rates on direct sure that free trade is at the same time the investment banking issues he cov- loans that may be outstanding, includ- fair trade. The opening of the U.S. mar- ered. This has dramatically affected ing disaster loans, for small businesses ket offers great benefit to all Ameri- the company’s profitability and bottom that have had a military reservist cans, but we should mitigate harm to line. To compound the problem, this called up for active duty. It also estab- people making a living in manufac- small businesses is unable to provide lished a low-interest economic injury turing or textiles. The People’s Repub- Stephen a salary while he is on active loan program administered by the SBA lic of China through their currency ma- duty and cannot afford to hire a re- through its disaster loan program. nipulations, dumping of wood bedroom placement. Small businesses, like Ste- These loans have been available to pro- furniture, textile commands and illegal

VerDate jul 14 2003 03:56 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A09SE6.056 S09PT1 S11250 CONGRESSIONAL RECORD — SENATE September 9, 2003 semiconductor taxation violate rules of solve all of the problems facing unem- gage payment will be made in accordance fair trade. One can also look to the re- ployed workers, but they would provide with the terms and conditions of such loan. cent decision by the Department of important assistance for families fac- (d) REPAYMENT.— (1) IN GENERAL.—An individual to which a Commerce finding that South Korean ing the prospect of losing their home. loan has been awarded under this section subsidies provided to Hynix Semicon- In closing, I would like to thank my shall be required to begin making repay- ductor, Inc. have caused great damage colleagues Senators WARNER, EDWARDS, ments on the loan on the earlier of— to U.S. computer chip manufacturers. DOLE, HOLLINGS, GRAHAM, CHAMBLISS (A) the date on which the individual has As our government continues to follow and SNOWE for joining me in intro- been employed on a full-time basis for 6 con- international trade rules, we owe it to ducing this legislation. They know and secutive months; or our workers to hold foreign govern- understand the hardship facing these (B) the date that is 1 year after the date on ments accountable for their violations families and I am grateful that they which the loan has been approved under this section. of these agreements. have signed on to help provide this (2) REPAYMENT PERIOD AND AMOUNT.— Going forward, I pledge to take a needed assistance. When offered in the (A) REPAYMENT PERIOD.—A loan awarded hard look at all proposed free trade 107th Congress, this Homestead Preser- under this section shall be repaid on a agreements to make sure the interests vation Act received tremendous bipar- monthly basis over the 5-year period begin- of the United States are not being com- tisan support. I would respectfully urge ning on the date determined under paragraph promised. It is essential in the negotia- my colleagues to consider the value (1). tion of these new trade pacts not to Americans place on owning a home and (B) AMOUNT.—The amount of the monthly place traditional U.S. industries at a support this caring and needed initia- payment described in subparagraph (A) shall distinct disadvantage. Free trade be determined by dividing the total amount tive. provided under the loan (plus interest) by 60. agreements have the opportunity to I ask unanimous consent that the (C) RULE OF CONSTRUCTION.—Nothing in greatly enhance the economies of the text of the bill be printed in the this paragraph shall be construed to prohibit U.S. and its partners, but they must RECORD. an individual from— offer generally equal benefits to people There being no objection, the bill was (i) paying off a loan awarded under this in both countries. ordered printed in the RECORD, as fol- section in less than 5 years; or Unfortunately, recent years have lows: (ii) from paying a monthly amount under seen the closing of numerous textile such loan in excess of the monthly amount S. 1597 determined under subparagraph (B) with re- and manufacturing plants in the Com- Be it enacted by the Senate and House of Rep- monwealth of Virginia and many can spect to the loan. resentatives of the United States of America in (e) REGULATIONS.—Not later than 6 weeks be attributed to international competi- Congress assembled, after the date of enactment of this Act, the tion. These economic disasters are not SECTION 1. SHORT TITLE. Secretary shall promulgate regulations nec- unique to my Virginia alone. People in This Act may be cited as the ‘‘Homestead essary to carry out this section, including communities in our sister States of Preservation Act’’. regulations that permit an individual to cer- North Carolina, South Carolina and SEC. 2. MORTGAGE PAYMENT ASSISTANCE. tify that the individual is an eligible indi- vidual under subsection (b). Georgia have experienced such disas- (a) ESTABLISHMENT OF PROGRAM.—The Sec- (f) AUTHORIZATION OF APPROPRIATIONS.— ters as well. People from Maine to Ohio retary of Labor (referred to in this section as There is authorized to be appropriated to the ‘‘Secretary’’) shall establish a program to California understand and have en- carry out this section, $10,000,000 for each of under which the Secretary shall award low- dured these large layoffs. With each of fiscal years 2004 through 2008. these closings, a community is thrown interest loans to eligible individuals to en- able such individuals to continue to make By Ms. SNOWE: into turmoil with families left won- mortgage payments with respect to the pri- dering how ends can be met until new mary residences of such individuals. S. 1598. A bill to require the Comp- employment is found. (b) ELIGIBILITY.—To be eligible to receive a troller General to carry out a study to I understand no government program loan under the program established under determine the feasibility of under- or assistance can substitute for a se- subsection (a), an individual shall— taking passenger rail transportation cure, well-paying job, but I believe the (1) be— security programs that are similar to U.S. government can reasonably assist (A) an adversely affected worker with re- those of foreign countries; to the Com- these families as they transition from spect to whom a certification of eligibility mittee on Commerce, Science, and one career to another. Presently, there has been issued by the Secretary of Labor Transportation. under chapter 2 of title II of the Trade Act of Ms. SNOWE. Mr. President, since the are useful assistance programs that aid 1974 (19 U.S.C. 2271 et seq.); or American workers seeking new em- (B) an individual who would be an indi- terrorist attacks of September 11th, ployment, but unfortunately, there is vidual described in subparagraph (A) but who 2001, we have experienced a steep learn- nothing currently in place to protect resides in a State that has not entered into ing curve as a country and as a Con- what is usually a family’s most valu- an agreement under section 239 of such Act gress in our efforts to improve home- able financed asset—their home. (19 U.S.C. 2311); land security. The Homestead Preservation Act has (2) be a borrower under a loan which re- As we saw during the drafting and been introduced to meet that need. My quires the individual to make monthly mort- consideration of the airline security legislation would provide families vital gage payments with respect to the primary bill, the United States has not cornered place of residence of the individual; and temporary financial assistance ena- (3) be enrolled in a job training or job as- the market on security innovations bling them to keep their homes and sistance program. and measures—there is much that we protect their credit ratings as they (c) LOAN REQUIREMENTS.— can learn from other countries that work toward strengthening and up- (1) IN GENERAL.—A loan provided to an eli- have faced or addressed the same chal- grading their skills and search for new gible individual under this section shall— lenges. For this reason, I am intro- employment. Individuals seeking to (A) be for a period of not to exceed 12 ducing legislation that would require take advantage of this program would months; the General Accounting Office (GAO) need to be enrolled in a job training or (B) be for an amount that does not exceed to initiate a study examining pas- the sum of— job assistance program. Training and (i) the amount of the monthly mortgage senger rail security measures that have education programs that focus on new payment owed by the individual; and worked for other regions and countries technology and emerging industries (ii) the number of months for which the such as the European Union and Japan. would aid displaced workers in gaining loan is provided; For example, the $15 billion channel a skill that will allow them to find a (C) have an applicable rate of interest that tunnel—or ‘‘Chunnel’’—linking Eng- good-paying and secure job in a new equals 4 percent; land to the European continent has field. (D) require repayment as provided for in been open to train service, for pas- At a time when families are dealing subsection (d); and sengers and freight, since 1994 without with an uncertain future they should (E) be subject to such other terms and con- a major security incident. In 2000 ditions as the Secretary determines appro- feel secure that food will be on the priate. alone, 2.8 million cars, 7.1 million pas- table and a roof will be over their (2) ACCOUNT.—A loan awarded to an indi- sengers, and 2.9 million tons of freight heads. The loans to be provided by the vidual under this section shall be deposited made the 31 mile journey under the Homestead Preservation Act would not into an account from which a monthly mort- English Channel safely.

VerDate jul 14 2003 03:56 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A09SE6.058 S09PT1 September 9, 2003 CONGRESSIONAL RECORD — SENATE S11251 Security has always been a major panding screening to other Amtrak tailor these programs so that needs are concern for the Chunnel and Britain, stations. Moreover, by starting with a met and programs are carried out in an France, and Eurotunnel, the company cross-section of stations throughout effective and efficient way. operating the tunnel, have made secu- the network, we can gain perspective The bill: 1. directs the Secretary of rity a top priority without degrading on the expense, the infrastructure, and the Interior to develop a uniform meth- passenger service. In fact, in addition the personnel who might be needed to od, criteria, and procedures for deter- to its private security staff provided by bring screening system-wide. mining, analyzing, and compiling the Eurotunnel, the Chunnel is policed by a This legislation will direct the De- program and service assistance needs bi-national force of police, immigra- partment of Transportation to initiate of Indian tribes and Indians nation- tion, and customs officers with armed a demonstration project at five of the wide; 2. requires Federal agencies to patrols in the British and French ter- ten stations with the heaviest pas- conduct Indian Needs Assessments minals. And both the company and the senger traffic. Amtrak would be re- aimed at determining the actual needs respective government agencies also quired to conduct random passenger of tribes and Indians eligible for pro- conduct routine intelligence-led secu- and carry-on baggage checks or screen- grams and services administered by rity checks on both passenger and ing at these stations. Under the legisla- such agencies; 3. directs the Secretary freight vehicles. tion, the Secretary of Transportation to develop a uniform method, criteria, So I suspect that our friends in Eu- would be given authority to select ad- and procedures for compiling, main- rope, and in Asia, and other regions, ditional stations in order to determine taining, keeping current, and reporting may be able to provide valuable insight how screening works at smaller facili- to Congress all information con- on how we can improve our rail trans- ties. The bill envisions examination of cerning: (a) agency annual expendi- portation security. It is my intent with a variety of X-ray and explosive detec- tures for programs and services for this bill to direct GAO to complete, no tion devices, and metal detectors that which Indians are eligible/ (b) services later than June 2004, a study of rail would help assure safety on Amtrak. or programs specifically for the benefit transport security measures in other I urge my colleagues to join me in a of Indians; and (c) agency methods of countries in an effort to seek innova- strong show of support for this legisla- delivery of services and funding; 4. re- tive screening procedures and processes tion. quires Federal agencies responsible for and other security measures that may providing services or programs to or be a benefit to the United States. Sub- By Mr. CAMPBELL (for himself for the benefit of tribes of Indians to: sequently, an assessment of these and Mr. INOUYE): (a) file Annual Indian Program Evalua- measures would be provided to Con- S. 1600. A bill to provide for periodic tions with specified congressional com- gress. Indian needs assessments, to require mittees; and (b) publish annual listings In the hours and days after Sep- Federal Indian program evaluations, in the Federal Register of all agency tember 11, Americans discovered we are and for other purposes; to the Com- programs and services for which Indian not alone in this struggle and I urge mittee on Indian Affairs. tribes may be eligible; 5. directs the my colleagues to support this bill that Mr. CAMPBELL. Mr. President, Secretary to: (a) report to specified encourages the United States to reach today I am pleased to be joined by Sen- congressional committees on the co- out and learn from others. ator INOUYE to introduce the Indian ordination of Federal program and Needs Assessment and Program Eval- service assistance for which tribes are By Ms. SNOWE: uation Act of 2003. eligible; and (b) file a Strategic Plan S. 1599. A bill to require the Sec- Recently, a significant report has for the Coordination of Federal Assist- retary of Homeland Security to con- been issued that, once again, calls into ance for Indians. duct a study of the feasibility of imple- question the equity and effectiveness of I urge my colleagues to join me in menting a program for the full screen- Federal spending on Indian programs. supporting this important measure. ing of passengers, baggage, and cargo This is not a new problem and the I ask unanimous consent that the on Amtrak trains, and for other pur- U.S. Civil Rights Commission’s report text of the bill be printed in the poses; to the Committee on Commerce, entitled ‘‘A Quiet Crisis: Federal Fund- RECORD. Science, and Transportation. ing and Unmet Needs in Indian Coun- There being no objection, the bill was Ms. SNOWE. Mr. President, I rise try’’ shows that the volume and meth- ordered to be printed in the RECORD, as today to introduce legislation designed odologies of Federal spending are still follows: to enhance the security of our Nation’s both off the mark. passenger rail network. The Commission’s report found an S. 1600 Before the terrorist attacks of Sep- ongoing failure to provide funds for the Be it enacted by the Senate and House of Rep- tember 11, 2001, boarding an Amtrak health, education and safety of Indian resentatives of the United States of America in train was little harder than riding the communities at levels equivalent to Congress assembled, subway—and in some ways it was easi- other U.S. populations and determined SECTION 1. SHORT TITLE. er, because you could purchase a ticket that, despite many studies, ‘‘no coordi- This Act may be cited as the ‘‘Indian Needs Assessment and Program Evaluation Act of on board the train. Those days have nated, comprehensive Federal effort 2003’’. passed, as Amtrak now requires photo has been made to audit spending and SEC. 2. FINDINGS AND PURPOSES. identification and no longer permits develop viable solutions.’’ (a) FINDINGS.—Congress finds that— ticket purchases on-board the train. The Commission’s Report rec- (1) the United States and the Indian tribes But there has not been a similar ommended each of the six agencies pri- have a unique legal and political govern- change in the screening of baggage. marily responsible for delivery of Fed- ment-to-government relationship; The bill I am introducing today would eral services to Indians to: (1) conduct (2) under the Constitution, treaties, stat- create a new pilot initiative to screen internal monitoring of its spending and utes, Executive orders, court decisions, and passengers and carry-on baggage on the budgeting for Indian programs; (2) en- course of conduct of the United States, the Amtrak passenger rail system. In addi- sure better coordination with other United States has a trust obligation to pro- vide certain services to Indian tribes and tion, my legislation will examine ways agencies; and (3) monitor unmet needs. members of Indian tribes; to provide this screening, providing a It also urged Congress to appropriate (3) Federal agencies charged with admin- proportional response that will reas- funds to meet the unmet needs of In- istering programs and providing services to sure train passengers and step-up secu- dian people and urged the Office of or for the benefit of Indian tribes and mem- rity. Management and Budget (OMB) to cre- bers of Indian tribes have not provided Con- As a member of the Senate Com- ate uniform standards for tracking and gress adequate information necessary to as- merce Subcommittee on Surface spending on Indian programs. sess the adequacy of the programs and serv- Transportation, I believe that by con- The bill I am introducing today will ices meeting the needs of Indian tribes and members of Indian tribes, hampering the ducting a limited test of security address these ongoing problems and ability of Congress to determine the nature, screening of passengers and carry-on bring a rigorous analysis to the actual type, and magnitude of those needs or the baggage on certain Amtrak routes, we needs of Indian people, gauge how In- ability of the United States to respond to can determine the feasibility of ex- dian programs are funded, and better those needs; and

VerDate jul 14 2003 03:56 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.090 S09PT1 S11252 CONGRESSIONAL RECORD — SENATE September 9, 2003 (4) Congress cannot properly fulfill its obli- Senate and the Committee on Appropria- Representatives a strategic plan for the co- gation to Indian tribes and Indian people un- tions and the Committee on Resources of the ordination of Federal assistance for Indian less it has an adequate store of information House of Representatives a report that de- tribes and members of Indian tribes. concerning the needs of Indian tribes and scribes the results of the needs assessment. (2) CONTENTS OF STRATEGIC PLAN.—The members of Indian tribes nationwide. (b) PROGRAM EVALUATIONS.— strategic plan under paragraph (1) shall con- (b) PURPOSES.—The purposes of this Act (1) DEVELOPMENT OF METHOD, CRITERIA, AND tain— are— PROCURES.—Not later than 180 days after the (A) an identification of reforms necessary (1) to ensure that Indian needs for Federal date of enactment of this Act, the Secretary to the laws (including regulations), policies, programs and services are known in a more shall develop a uniform method, criteria, and procedures, practices, and systems of the certain and predictable fashion; procedures for compiling, maintaining, up- agencies responsible for providing programs (2) to require that Federal agencies care- dating, and reporting to Congress a program or services for the benefit of Indian tribes or fully review and monitor the effectiveness of evaluation containing all information con- members of Indian tribes; programs and services provided to Indian cerning— (B) proposals for remedying the reforms tribes and members of Indian tribes; (A) the annual expenditure by a Federal identified in the plan; and (3) to provide for more efficient and effec- agency for programs and services for which (C) other recommendations consistent with tive cooperation and coordination of, and ac- Indian tribes and members of Indian tribes the purposes of this Act. countability from, the agencies providing are eligible, with specific information in- SEC. 6. AUTHORIZATION OF APPROPRIATIONS. programs and services, including technical cluding— There are authorized to be appropriated for and business development assistance, to In- (i) the names of Indian tribes that are par- each fiscal year such sums as are necessary dian tribes and members of Indian tribes; ticipating in or receiving each service; to carry out this Act. and (ii) the names of Indian tribes that have (4) to provide to Congress reliable informa- applied for and not received programs or By Mr. CAMPBELL (for himself tion regarding both Indian needs and the services; and and Mr. INOUYE): evaluation of Federal programs and services (iii) the names of Indian tribes for which S. 1601. A bill to amend the Indian provided to Indian tribes and members of In- programs or services were terminated within dian tribes nationwide. Child Protection and Family Violence the preceding fiscal year; Prevention Act to provide for the re- SEC. 3. DEFINITIONS. (B) programs or services specifically for In this Act: the benefit of Indian tribes and members of porting and reduction of child abuse (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ Indian tribes, with specific information in- and family violence incidences on In- has the meaning given the term in section 4 cluding— dian reservations, and for other pur- of the Indian Self-Determination and Edu- (i) the names of Indian tribes that are cur- poses; to the Committee on Indian Af- cation Assistance Act (25 U.S.C. 450b). rently participating in or receiving each pro- fairs. (2) NEEDS ASSESSMENT.—The term ‘‘needs gram or service; Mr. CAMPBELL. Mr. President, assessment’’ means an assessment of the pro- (ii) the names of Indian tribes that have today I am pleased to be joined by Sen- gram and service needs of Indian tribes and applied for and not received programs or ator INOUYE to introduce the ‘‘Indian members of Indian tribes, that includes, at a services; and minimum, consideration of— Child Protection and Family Violence (iii) the names of Indian tribes for which Prevention Reauthorization Act of (A) the population of each Indian tribe (in- programs or services were terminated within cluding the population of tribal members lo- the preceding fiscal year; and 2003’’ to combat child abuse in Native cated in the service area of an Indian tribe, (C) the methods of delivery of the pro- American communities. where applicable); grams and services, including a detailed ex- First enacted in 1990, the Indian (B) the size of the service area; planation of the outreach efforts of each Child Protection and Family Violence (C) the location of the service area; agency to Indian tribes. Prevention Act was aimed at prosecu- (D) the availability of similar programs (2) PROGRAM EVALUATIONS.—Not later than within the geographical area to Indian tribes tions of Federal and tribal employees 1 year after the date of enactment of this or tribal members; and for child abuse and issues arising from Act, and annually thereafter, each Federal (E) socioeconomic conditions that exist child abuse and family violence. agency responsible for providing programs or within the service area. The act established extensive report- services for the benefit of Indian tribes or (3) PROGRAM EVALUATION.—The term ‘‘pro- ing requirements and character inves- members of Indian tribes shall submit to the gram evaluation’’ means an evaluation re- Committee on Appropriations and the Com- tigations for Federal and tribal em- port developed in accordance with section mittee on Indian Affairs of the Senate and ployees who have regular contact with 4(b). the Committee on Appropriations and the Indian children, and provided funding (4) SECRETARY.—The term ‘‘Secretary’’ Committee on Resources of the House of means the Secretary of the Interior. for prevention and treatment pro- Representatives a report that describes the SEC. 4. NEEDS ASSESSMENTS AND PROGRAM grams. EVALUATIONS. results of the program evaluation. Like so many social pathologies, (c) ANNUAL LISTING OF TRIBAL ELIGIBLE (a) NEEDS ASSESSMENTS.— American Indians are victimized by vi- PROGRAMS.—On or before February 1 of each (1) DEVELOPMENT OF METHOD, CRITERIA, AND year, each Federal agency described in sub- olence more than any other ethnic PROCEDURES.—Not later than 180 days after section (b)(2) shall publish in the Federal group. the date of enactment of this Act, the Sec- Register— Research also shows that Indian vic- retary, in consultation and coordination (1) a list of all programs and services of- tims of violence by family members or with tribal governments and with the Sec- fered by the agency for which Indian tribes intimate partners are more likely than retary of Agriculture, Secretary of Com- or members of Indian tribes are or may be el- any other ethnic group to be injured merce, Secretary of Defense, Secretary of igible; and Energy, Secretary of Labor, Attorney Gen- and need hospital care. (2) a brief explanation of the program or The act is expiring and needs to be eral, Secretary of the Treasury, Secretary of service. Transportation, Secretary of Veterans Af- reauthorized, but it also needs to in- SEC. 5. REPORT ON COORDINATION OF PRO- clude tougher criteria for background fairs, Administrator of the Environmental GRAMS AND SERVICES. Protection Agency, Secretary of Housing and (a) IN GENERAL.—Not later than 1 year checks and a structured method for Urban Development, Secretary of Health and after the date of enactment of this Act, the tribal assumption of child abuse pre- Human Services, and heads of other agencies Secretary shall submit to the Committee on vention, prosecution and treatment responsible for providing programs or serv- Appropriations and the Committee on Indian programs. ices to or for the benefit of Indian tribes or Affairs of the Senate and the Committee on The bill is designed to improve the members of Indian tribes, shall develop a Appropriations and the Committee on Re- ability of the tribes to combat child uniform method, criteria, and procedures for sources of the House of Representatives a re- determining, analyzing, and compiling a port detailing the coordination of Federal abuse in their communities, build trib- needs assessment. programs and service assistance for which al capacity, and identify the impedi- (2) NEEDS ASSESSMENTS.—Not later than 1 Indian tribes and members of Indian tribes ments to more effective prevention, in- year after the date of enactment of this Act, are eligible. vestigation and prosecution of child and every 5 years thereafter, each Federal (b) STRATEGIC PLAN.— abuse. agency, in coordination with the Secretary, (1) IN GENERAL.—Not later than 18 months The bill also authorizes funding for shall— after the date of enactment of this Act, after building comprehensive tribal pro- (A) conduct a needs assessment to deter- consultation and coordination with the In- grams, and training and technical as- mine the needs of Indian tribes and members dian tribes, the Secretary shall submit to of Indian tribes eligible for programs and the Committee on Appropriations and the sistance—the cornerstones in devel- services administered by the agency; and Committee on Indian Affairs of the Senate oping the necessary expertise in the (B) submit to the Committee on Appropria- and the Committee on Appropriations and field. The bill will also facilitate estab- tions and Committee on Indian Affairs of the the Committee on Resources of the House of lishment of safety measures for child

VerDate jul 14 2003 03:56 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A09SE6.063 S09PT1 September 9, 2003 CONGRESSIONAL RECORD — SENATE S11253 protection workers to reduce unneces- ‘‘(iii) strategies to ensure the safety of U.S.C. 3203(b)) is amended by adding at the sary stress and improve program effec- child protection workers; and end the following: tiveness. ‘‘(iv) support systems for the victims of ‘‘(3) COOPERATIVE REPORTING.—If— In its 2002 report entitled ‘‘Violence child abuse and their families; and ‘‘(A) a report of abuse or family violence involves an alleged abuser who is a non-In- Against Women: Data on Pregnant Vic- ‘‘(D) funds spent by the United States on Indian reservations for the benefit of Indian dian; and tims and Effectiveness of Prevention victims of child abuse or family violence are ‘‘(B) a preliminary inquiry indicates a Strategies are Limited’’, the General inadequate to combat child abuse and to criminal violation has occurred; Accounting Office cited the Centers for meet the growing needs for mental health the local law enforcement agency (if other Disease Control and other researchers treatment and counseling for those victims than the State law enforcement agency) who found that there was a need for and their families.’’; shall immediately report the occurrence to prevention strategies that incorporate (B) in paragraph (2)— the State law enforcement agency.’’. cultural perspectives in serving ethnic (i) by striking ‘‘two’’ and inserting ‘‘the’’; SEC. 5. CENTRAL REGISTRY. The Indian Child Protection and Family populations. This bill will promote cul- (ii) in subparagraph (B)— (I) by inserting after ‘‘provide funds for’’ Violence Prevention Act is amended by tural perspectives by giving special the following: ‘‘developing a comprehensive striking section 405 (25 U.S.C. 3204) and in- considerations to tribal programs tribal child abuse and family violence pro- serting the following: which incorporate traditional healing gram including training and technical assist- ‘‘SEC. 405. BARRIERS TO IMPLEMENTATION. methods. ance for identifying, addressing, and decreas- ‘‘(a) IN GENERAL.—The Secretary, in con- Abuse by the Federal and tribal em- ing such incidents and for’’; and sultation with the Secretary of Health and ployees was the main reason for enact- (II) by striking the period at the end and Human Services and the Attorney General, ing the 1990 Act, however, employees inserting a semicolon; and shall conduct a study to identify impedi- ments to the reduction of child abuse on In- are not the only ones that come in con- (iii) by adding at the end the following: ‘‘(C) implement strategies to increase the dian reservations. tact with Indian children. The bill I am safety of child protection workers; ‘‘(b) MATTERS TO BE EVALUATED.—In con- introducing today will expand the ‘‘(D) assist tribes in developing the nec- ducting the study under subsection (a), the scope of positions subject to character essary infrastructure to combat and reduce Secretary shall, at a minimum, evaluate the investigations and include contractors child abuse on Indian reservations; and interagency and intergovernmental coopera- who have regular contact with Indian ‘‘(E) identify and remove impediments to tion and jurisdictional impediments in inves- the prevention and reduction of child abuse tigations and prosecutions. children. ‘‘(c) REPORT.— on Indian reservations, including elimi- This bill clarifies the requirement ‘‘(1) IN GENERAL.—Not later than 180 days nation of existing barriers, such as difficul- that all positions within the Depart- after the date of enactment of this para- ties in sharing information among agencies ments of Interior and HHS—not simply graph, the Secretary shall submit to Con- and differences between the values and treat- gress a report that describes the results of the Bureau of Indian Affairs and Indian ment protocols of the different agencies.’’; the study under subsection (a). Health Service—that have regular con- and ‘‘(2) CONTENTS.—The report under para- tact with children must undergo char- (2) in subsection (b)— graph (1) shall include— acter investigations. (A) in paragraph (1), by striking ‘‘prevent ‘‘(A) any findings made in the study; I ask Unanimous Consent that the further abuse’’ and inserting ‘‘prevent and ‘‘(B) recommendations on ways to elimi- prosecute child abuse’’; text of the bill be printed in the nate impediments described in subsection (B) in paragraph (2), by striking ‘‘authorize RECORD and urge my colleagues to join (a); and a study to determine the need for a central me in supporting this important meas- ‘‘(C) cost estimates for implementing the registry for reported incidents of abuse’’ and ure. recommendations.’’. inserting ‘‘build tribal infrastructure needed There being no objection, the bill was SEC. 6. CHARACTER INVESTIGATIONS. to maintain and coordinate databases’’; Section 408 of the Indian Child Protection ordered to be printed in the RECORD, as (C) by striking paragraph (3); and Family Violence Prevention Act (25 follows: (D) by redesignating paragraphs (4), (5), (6), U.S.C. 3207) is amended— S. 1601 and (7) as paragraphs (3), (4), (5), and (6), re- (1) in subsection (a)— spectively; Be it enacted by the Senate and House of Rep- (A) in paragraph (1), by inserting ‘‘(includ- (E) in paragraph (3) (as redesignated by resentatives of the United States of America in ing contracted and volunteer positions),’’ subparagraph (D)), by striking ‘‘sexual’’; Congress assembled, after ‘‘authorized positions’’; and (F) in paragraph (5) (as redesignated by SECTION 1. SHORT TITLE. (B) in paragraph (3), by striking the period subparagraph (D)), by striking ‘‘Area’’ and This Act may be cited as the ‘‘Indian Child at the end and inserting the following: ‘‘, inserting ‘‘Regional’’; Protection and Family Violence Prevention which— (G) in paragraph (6) (as redesignated by Reauthorization Act of 2003’’. ‘‘(A) shall include a background check, subparagraph (D))— SEC. 2. FINDINGS AND PURPOSE. based on a set of fingerprints of the em- (i) by inserting ‘‘child abuse and’’ after Section 402 of the Indian Child Protection ployee, volunteer or contractor that may be ‘‘incidents of’’; and and Family Violence Prevention Act (25 conducted through the Federal Bureau of In- (ii) by inserting ‘‘through tribally-operated U.S.C. 3201) is amended— vestigation; and programs’’ after ‘‘family violence’’; (1) in subsection (a)— ‘‘(B) may include a review of applicable (H) by inserting after paragraph (6) (as re- (A) by striking paragraph (1) and inserting State criminal history repositories.’’; and designated by subparagraph (D)) the fol- the following: (2) in subsection (c)— lowing: ‘‘(1) finds that— (A) in paragraph (1), by inserting after ‘‘(7) conduct a study to identify the im- ‘‘(A) Indian children are the most precious ‘‘who is’’ the following: ‘‘a volunteer or con- pediments to effective prevention, investiga- resource of Indian tribes and need special tractor or is’’; and tion, prosecution, and treatment of child protection by the United States; (B) in paragraph (2), by striking ‘‘employ’’ abuse;’’; and ‘‘(B) the number of reported incidences of and inserting ‘‘contract with, accept, or em- (I) by striking paragraph (8) and inserting child abuse on Indian reservations continues ploy’’. to rise at an alarming rate, but the reduc- the following: ‘‘(8) develop strategies to protect the safe- SEC. 7. INDIAN CHILD ABUSE TREATMENT GRANT tion of such incidences is hindered by the PROGRAM. lack of— ty of the child protection workers while per- Section 409 of the Indian Child Protection ‘‘(i) community awareness in identification forming responsibilities under this title; and Family Violence Prevention Act (25 and reporting methods; and’’. U.S.C. 3208) is amended— ‘‘(ii) interagency coordination for report- SEC. 3. DEFINITIONS. (1) in subsection (a), by striking ‘‘sexual’’; ing, investigating, and prosecuting; and Section 403(3) of the Indian Child Protec- (2) by redesignating subsection (e) as sub- ‘‘(iii) tribal infrastructure for managing, tion and Family Violence Prevention Act (25 section (f); preventing, and treating child abuse cases; U.S.C. 3202(3)) is amended— (3) by inserting after subsection (d) the fol- ‘‘(C) improvements are needed to combat (1) in subparagraph (A), by striking ‘‘and’’ lowing: the continuing child abuse on Indian reserva- at the end; ‘‘(e) DEMONSTRATION PROJECT.— tions, including— (2) in subparagraph (B), by adding ‘‘and’’ at ‘‘(1) IN GENERAL.—The Secretary of Health ‘‘(i) education to identify symptoms con- the end; and and Human Services shall establish dem- sistent with child abuse; (3) by adding at the end the following: onstration projects to facilitate the develop- ‘‘(ii) extensive background investigations ‘‘(C) any case in which a child is subjected ment of a culturally-sensitive traditional of Federal and tribal employees, volunteers, to family violence;’’. healing treatment program for child abuse and contractors who care for, teach, or oth- SEC. 4. REPORTING PROCEDURES. and family violence to be operated by an In- erwise have regular contact with Indian chil- Section 404(b) of the Indian Child Protec- dian tribe, tribal organization, or inter-trib- dren; tion and Family Violence Prevention Act (25 al consortium.

VerDate jul 14 2003 03:56 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A09SE6.066 S09PT1 S11254 CONGRESSIONAL RECORD — SENATE September 9, 2003 ‘‘(2) APPLICATION.— fy appropriate measures for ensuring child the wake of the most devastating ter- ‘‘(A) IN GENERAL.—An Indian tribe, tribal protection worker safety while performing rorist attacks on American soil. The organization, or inter-tribal consortium may responsibilities under this title’’; and current deadline for applying for com- submit an application to participate in a (iii) by adding at the end the following: demonstration project in such form as the ‘‘(D) provide for training programs or ex- pensation from the Victims Fund is Secretary of Health and Human Services penses for child protection services per- rapidly approaching, but it has become may prescribe. sonnel, law enforcement personnel or judi- apparent that many families need more ‘‘(B) CONTENTS.—As part of an application cial personnel to meet any certification re- time. Thus far, just under a third of el- under subparagraph (A), the Secretary of quirements necessary to fulfill the respon- igible families have applied to the Health and Human Services shall require— sibilities under any intergovernmental or Fund for compensation—only about ‘‘(i) the information described in sub- interagency agreement; and section (b)(2)(C); ‘‘(E) develop and implement strategies de- 1,282 death claims and 1,050 injury ‘‘(ii) a proposal for development of edu- signed to ensure the safety of child protec- claims have been filed so far by victim cational materials and resources, to the ex- tion workers while performing responsibil- families, according to the Department tent culturally appropriate; and ities under this Act;’’; of Justice. ‘‘(iii) proposed strategies to use and main- (3) in paragraph (6), by striking ‘‘and’’ at tain the integrity of traditional healing the end; Ken Feinberg, the Special Master for methods. (4) by redesignating paragraph (7) as para- the Fund, is doing his best to get vic- ‘‘(3) CONSIDERATIONS.—In selecting the par- graph (8); tims families to understand their ticipants in demonstration projects estab- (5) by inserting after paragraph (6) the fol- lished under this subsection, the Secretary rights. Recently, he has even taken out lowing: extensive advertisements in a number of Health and Human Services shall give spe- ‘‘(7) infrastructure enhancements to im- cial consideration to projects relating to be- prove tribal data systems to monitor the of newspapers and created a series of havioral and emotional effects of child progress of families, evaluate service and informational meetings and claim as- abuse, elimination of abuse by parents, and treatment outcomes, and determine the sistance sites to assist victims’ fami- reunification of the family.’’; and most effective approaches and activities; lies to file for compensation with the (4) in subsection (f) (as redesignated by and’’ paragraph (2))— Victims Fund instead of filing a law- (6) by redesignating subsections (f), (g), (h), suit against the airlines industry. I (A) by striking ‘‘there’’ and inserting and (i) as paragraphs (e), (f), (g), and (h), re- ‘‘There’’; and spectively; commend him for his efforts. (B) by striking ‘‘$10,000,000 for each of the (7) in paragraph (1) of subsection (g) (as re- years 1992, 1993, 1994, 1995, 1996 and 1997’’ and It appears that only a few relatives of designated by paragraph (6)), by striking victims of September 11 are opting out inserting ‘‘such sums as are necessary to subparagraph (A) and inserting the fol- carry out this section for each of fiscal years lowing: of eligibility for the fund by filing a 2005 through 2010, of which a specific sum ‘‘(A) evaluate the program for which the lawsuit against the airlines industry. shall be specifically set aside each year for award is made, including examination of— While some families are likely weigh- the demonstration projects established under ‘‘(i) the range and scope of training oppor- subsection (e).’’. ing that decision, the number of dis- tunities, including numbers and percentage SEC. 8. INDIAN CHILD RESOURCE AND FAMILY qualifying lawsuits is low—69 as of last of child protection workers engaged in the month—and only three of those were in SERVICES CENTERS. training programs; Section 410 of the Indian Child Protection ‘‘(ii) the threats to child protection work- the last three months, according to and Family Violence Prevention Act (25 ers, if any, and the strategies used to address The New York Times. U.S.C. 3209) is amended— the safety of child protection workers; and Instead, victims support groups have (1) in subsection (a) by striking ‘‘area’’ and ‘‘(iii) the community outreach and aware- inserting ‘‘Regional’’; ness programs including any strategies to in- told me that they receive calls daily (2) in subsection (b)— crease the ability of the community to con- from individuals who understand that (A) by striking ‘‘Secretary and’’ and in- tact appropriate reporting officials regarding the deadline is approaching but cannot serting ‘‘Secretary,’’; and occurrences of child abuse.’’; and (B) by striking ‘‘Services’’ and inserting face the emotional pain of preparing a (8) in subsection (h) (as redesignated by ‘‘Services, and the Attorney General’’; claim. Mr. Feinberg has also com- paragraph (6)), by striking ‘‘$30,000,000 for (3) in subsection (d)(5), by striking ‘‘area’’ mented that many victims are still too each of fiscal years 1992, 1993, 1994, 1995, 1996 and inserting ‘‘Region’’; and 1997’’ and inserting ‘‘such sums as are paralyzed by their grief to confront the (4) in subsection (f)— necessary to carry out this section for each logistical burden and emotional pain of (A) in the second sentence, by striking ‘‘an of fiscal years 2005 through 2010.’’. filing a death claim. area’’ and inserting ‘‘a Regional’’; and (B) in the last sentence, by inserting ‘‘de- By Mr. LEAHY (for himself, Mr. In light of this painful reality, I be- veloping strategies,’’ after ‘‘Center in’’; lieve it is appropriate to extend the DURBIN, Mr. SCHUMER, Mr. (5) in the second sentence of subsection deadline for filing applications to the (g)— DODD, Mr. LIEBERMAN, Mrs. (A) by striking ‘‘an area’’ and inserting ‘‘a CLINTON, Mr. CORZINE, and Mr. Victims Fund to December 31, 2004—an Regional’’; and LAUTENBERG): extension of just over a year. This ex- (B) by striking ‘‘Juneau Area’’ and insert- S. 1602. A bill to amend the Sep- tension would give grieving families ing ‘‘Alaska Region’’; and tember 11th Victim Compensation additional time to mourn those who (6) in subsection (h), by striking ‘‘$3,000,000 Fund of 2001 to extend the deadline for were lost and to overcome the emo- for each of the fiscal years 1992, 1993, 1994, tional challenges of filing paperwork 1995, 1996 and 1997’’ and inserting ‘‘such sums filing a claim to December 31, 2004; to as are necessary to carry out this section for the Committee on the Judiciary. with the Victims Fund. In recent days, each of fiscal years 2005 through 2010’’. Mr. LEAHY. Mr. President, I am I have been in contact with several SEC. 9. INDIAN CHILD PROTECTION AND FAMILY pleased to introduce the ‘‘September 11 September 11 victims support groups, VIOLENCE PREVENTION PROGRAM. Victim Compensation Fund Extension all of which agreed that such an exten- Section 411 of the Indian Child Protection Act of 2003’’ to extend the pending sion would provide some relief during and Family Violence Prevention Act (25 deadline of the September 11 Victim these dark days for victims’ families as U.S.C. 3210) is amended— Compensation Fund to December 31, (1) in subsection (c)— they endure the grieving process. 2004. I thank Senators DURBIN, SCHU- (A) in paragraph (1), by inserting ‘‘coordi- MER, DODD, LIEBERMAN, CLINTON, As the anniversary of the tragedy of nation, reporting and’’ before ‘‘investiga- September 11 approaches, victims’ fam- tion’’; CORZINE, and LAUTENBERG for joining (B) in paragraph (2) by inserting ‘‘child me as original cosponsors of this legis- ilies have many burdens. They do not abuse and’’ after ‘‘incidents of’’; lation. need this arbitrary deadline con- (2) in subsection (d)— Along with Senator DASCHLE, Rep- fronting them between September 11 (A) in paragraph (1)(C), by inserting ‘‘and resentative GEPHARDT and others, I and the year-end holidays. This is other related items’’ after ‘‘equipment’’; and worked hard to create the Victims something we can do now for victims of (B) in paragraph (3)— September 11. I urge my colleagues to (i) in subparagraph (B), by striking ‘‘, and’’ Fund over the objections of some in the at the end and inserting a semicolon; administration and Congress. We in- support the ‘‘September 11 Victim (ii) in subparagraph (C), by inserting after sisted that it be included in the legisla- Compensation Fund Extension Act of ‘‘responsibilities’’ the following: ‘‘and speci- tion to bail out the airlines passed in 2003.’’

VerDate jul 14 2003 03:56 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A09SE6.067 S09PT1 September 9, 2003 CONGRESSIONAL RECORD — SENATE S11255 SUBMITTED RESOLUTIONS S. RES. 220 Buxton of Toronto, Canada, did not Whereas fetal alcohol syndrome is the have the resources of large public rela- leading cause of mental retardation in west- tions firms or well connected lobbyists. SENATE RESOLUTION 219—TO EN- ern civilization, including the United States, They organized the first International COURAGE THE PEOPLE’S REPUB- and is 100 percent preventable; FAS Awareness Day on a shoestring LIC OF CHINA TO ESTABLISH A Whereas fetal alcohol spectrum disorders using the Internet. Rapidly their group MARKET-BASED VALUATION OF are a major cause of numerous social dis- orders including learning disabilities, school grew to include more than 70 volunteer THE YUAN AND TO FULFILL ITS coordinators in eight countries. COMMITMENTS UNDER INTER- failure, juvenile delinquency, homelessness, unemployment, mental illness, and crime; Through this grassroots awareness ef- NATIONAL TRADE AGREEMENTS Whereas economists estimate that each in- fort, many women of childbearing age Mr. GRAHAM of South Carolina (for dividual with fetal alcohol spectrum dis- learned for the first time that no himself, Mr. SCHUMER, Mr. VOINOVICH, orders will cost United States taxpayers be- amount of alcohol in pregnancy is Mr. CHAMBLISS, Mr. LIEBERMAN, Mr. tween $1,500,000 and $3,000,000 in his or her good. ALLEN, Mr. SPECTER, Mr. ENZI, and Mr. lifetime; Each year their simple message trav- Whereas in February 1999, a small group of KYL) submitted the following resolu- els further. On this fifth International parents of children who suffer from fetal al- tion; which was referred to the Com- cohol syndrome/effect (FAS/E) came to- FAS Awareness Day, we know that the mittee on Foreign Relations: gether with the hope that in 1 magic mo- message is getting across. Numerous S. RES. 219 ment the world could be made aware of the observances are planned in my home Whereas the currency of the People’s Re- devastating consequences of alcohol con- State of Alaska. In Nome, a birthday public of China, the yuan or renminbi, has sumption during pregnancy; cake celebration will honor all babies been tightly pegged to the United States dol- Whereas the first International Fetal Alco- who will be born in the region in the lar at the same fixed level since 1994; hol Syndrome Awareness Day was observed coming year. In Kenai the American Whereas the undervaluation of China’s cur- on September 9, 1999; Legion will sponsor a breakfast and the rency makes exports from China less expen- Whereas Bonnie Buxton of Toronto, Can- sive for foreigners and makes foreign prod- ada, the co-founder of the first International ringing of bells at 9:09 AM. The Mayors ucts more expensive for Chinese consumers, Fetal Alcohol Syndrome Awareness Day, of Anchorage, Haines and Wasilla, to an effective subsidization of China’s exports stated the purpose of the observance as: name a few, have issued local procla- and a virtual tariff on foreign imports; ‘‘What if . . . a world full of FAS/E parents mations. Whereas the Government of the People’s all got together on the ninth hour of the The Commissioner of our Alaska De- Republic of China has significantly inter- ninth day of the ninth month of the year and partment of Health and Social Serv- vened in its foreign exchange markets in asked the world to remember that during the ices, Joel Gilbertson, and the staff of order to hold the value of the yuan within its 9 months of pregnancy a woman should not his Division of Behavioral Health, are consume alcohol . . . would the rest of the tight and artificial trading band, resulting in to be commended for their diligent ef- enormous growth in China’s dollar reserves, world listen?’’; and estimated to be over $345,000,000,000 as of Whereas on the ninth day of the ninth forts in bringing International FAS June 2003; month of each year since 1999, communities Awareness Day to Alaska. An excellent Whereas the practice of ‘‘currency manipu- around the world have observed Inter- resource manual to help communities lation’’ to gain a trade or competitive advan- national Fetal Alcohol Syndrome Awareness plan their observances, is accessible tage is a violation of the spirit and letter of Day: Now, therefore, be it through the Internet page of the State the World Trade Organization and Inter- Resolved, That the Senate— of Alaska, Department of Health and national Monetary Fund agreements, of (1) designates the ninth day of September Social Services. I would also like to of each year as ‘‘National Fetal Alcohol Syn- which the People’s Republic of China is now thank the Substance Abuse and Mental party; drome Awareness Day’’; and Whereas the undervaluation of China’s cur- (2) requests that the President issue a Health Services Administration of the rency has had and continues to have a nega- proclamation calling upon the people of the US Department of Health and Human tive impact on the United States manufac- United States to— Services, which is publicizing Inter- turing sector, contributing to significant job (A) observe ‘‘National Fetal Alcohol Syn- national FAS Awareness Day on their losses and business closures; drome Awareness Day’’ with appropriate website. Whereas the undervaluation of China’s cur- ceremonies to— Yet, in spite of all of the hard work rency also has had and continues to have a (i) promote awareness of the effects of pre- of dedicated volunteers over the last negative impact on the economies of its natal exposure to alcohol; (ii) increase compassion for individuals af- several years to publicize International neighbor nations, the European Community, FAS Awareness Day, I was surprised to Mexico, and Latin America; fected by prenatal exposure to alcohol; Whereas the free fluctuation of currencies (iii) minimize further effects; and learn that legislation has not been in- is a key component to the health of global (iv) ensure healthier communities across troduced in the Congress to ask that trade, and the stability of the world econ- the United States; and the President designate September 9 of omy; and (B) observe a moment of reflection on the each year as National FAS Awareness Whereas China’s central bank governor has ninth hour of the ninth day of September to Day across the United States. The res- stated that the value of the yuan will even- remember that during the 9 months of preg- olution that I am introducing today nancy a woman should not consume alcohol. tually be determined by market forces rath- would do just that. er than pegged firmly to the dollar: Now, The resolution, like the day itself, is therefore, be it Ms. MURKOWSKI. Mr. President, at Resolved, That the Senate of the United nine minutes after the hour of nine in intended to focus attention on the high States— communities across Alaska and around cost of Fetal Alcohol Spectrum Dis- (1) supports the Secretary of the Treas- the world, people are pausing today to orders to our Nation and the ease of ury’s work with regard to the Secretary’s observe International Fetal Alcohol prevention. At the same time it asks discussions with the Government of the Peo- Syndrome (FAS) Awareness Day. Inter- that the American people treat those ple’s Republic of China leading to a market- national FAS Awareness Day was first afflicted with these disorders with based valuation of the yuan; and observed on September 9, 1999. It began compassion and support. FAS is the (2) encourages the People’s Republic of largest cause of mental retardation in China to continue to act on its commitments with a small group of parents of chil- to the trade rules and principles of the inter- dren afflicted with FAS and Fetal Al- Alaska, the United States and all of national community of which it is now a cohol Effect (FAE) who came together western civilization and it is one hun- member. on the Internet to ask this compelling dred percent preventable. The simple f question, ‘‘What if a world full of FAS fact is that no amount of alcohol dur- and FAE parents all got together on ing pregnancy has been established as SENATE RESOLUTION 220—DESIG- the ninth hour of the ninth day of the safe for the fetus. If women do not NATING THE NINTH DAY OF SEP- ninth month of the year and asked the drink alcohol—any alcohol—during the TEMBER OF EACH YEAR AS ‘‘NA- world to remember that during the nine months of pregnancy; alcohol-re- TIONAL FETAL ALCOHOL SYN- nine months of pregnancy a woman lated birth defects will be eliminated. DROME AWARENESS DAY’’ should not consume alcohol?’’ It is high time that we recognize the Ms. MURKOWSKI submitted the fol- These pioneering activists, most of efforts of the dedicated volunteers who lowing resolution; which was referred whom were adoptive and foster par- conceived and developed International to the Committee on the Judiciary: ents, led by Brian Philcox and Bonnie FAS Awareness Day with a national

VerDate jul 14 2003 03:56 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A09SE6.069 S09PT1 S11256 CONGRESSIONAL RECORD — SENATE September 9, 2003 observance in the United States. On United States and interested groups to con- for Equal Opportunity in Higher Edu- the first International FAS Awareness duct appropriate ceremonies, activities, and cation (NAFEO), 103 Historically Black Day in 1999, Bonnie Buxton put forth programs to demonstrate support for histori- Colleges and Universities enroll more this question to those who care for cally Black colleges and universities in the than 370,000 students and graduate ap- United States. FAS and FAE children, ‘‘What if we proximately one-third of all Black stu- made a noise? Would the rest of the Mr. SARBANES. Mr. President, I am dents each year. NAFEO notes that world listen?’’ To Bonnie and all of the proud today to join my colleague from students who attend Historically Black others who have made International Maryland and others in the Senate in Colleges and Universities graduate FAS Awareness Day a reality, I want submitting a Senate Resolution recog- with greater frequency than African to say that the United States Senate is nizing the accomplishments and impor- American students at predominantly listening and proudly joins in your ef- tance of our Nation’s Historically white institutions and receive greater forts to spread the word. Thanks to Black Colleges and Universities. This academic and social support. your good works, the world is resolution is a companion to a resolu- As many universities face the chal- listening. tion my colleague from Maryland in lenges of State budget constraints, dis- appearing corporate donations, and re- f the House of Representatives and Chair of the Congressional Black Caucus— duced endowments, Historically Black SENATE RESOLUTION 221—RECOG- Elijah Cummings—introduced earlier Colleges and Universities are hit espe- NIZING NATIONAL HISTORI- this year. cially hard. Many of them make it CALLY BLACK COLLEGES AND There was a time in our history when their goal to educate low-income stu- UNIVERSITIES AND THE IMPOR- African Americans had few choices to dents, making their student bodies TANCE AND ACCOMPLISHMENTS further their education other than His- even more reliant on financial aid. As OF HISTORICALLY BLACK COL- torically Black Colleges and Univer- our Historically Black Colleges and LEGES AND UNIVERSITIES sities. Legal and historical segregation Universities face struggles, the Federal closed the doors of many colleges and Government, State governments, alum- Mr. SARBANES (for himself, Ms. MI- ni and friends must make sure they KULSKI, Mr. EDWARDS, Mr. KERRY, Mr. universities, leaving them few options. Fortunately, Historically Black Col- continue to thrive. We must guarantee PRYOR, and Mr. LEVIN) submitted the that future generations will continue following resolution; which was re- leges and Universities filled the void magnificently. They may be small in to benefit from the academic and cul- ferred to the Committee on Health, tural richness Historically Black Col- Education, Labor and Pensions: number compared to other universities, but their impact is impressive. In the leges and Universities provide. Let this S. RES. 221 1950s, Historically Black Colleges and resolution symbolize Congress’ com- Whereas there are 105 historically Black Universities produced more than nine- mitment to continuing the mission of colleges and universities in the United Historically Black Colleges and Uni- States; ty percent of Black professionals. It is difficult to imagine where this country versities and ensuring their future suc- Whereas historically Black colleges and cess. universities are credited with making higher would be without the service and dedi- education financially attainable for individ- cation of the professors, administrators f uals who otherwise may not have been able and supporters of our Nation’s Histori- SENATE CONCURRENT RESOLU- to afford postsecondary education; cally Black Colleges and Universities. TION 66—COMMENDING THE NA- Whereas historically Black colleges and For example, Thurgood Marshall, de- TIONAL ENDOWMENT FOR DE- universities have significant success rates; nied admission at a segregated Univer- MOCRACY FOR ITS CONTRIBU- Whereas historically Black colleges and sity of Maryland School of Law, went universities provide a supportive social, cul- TIONS TO DEMOCRATIC DEVEL- tural, and racial environment for people of on to obtain his law degree at Howard OPMENT AROUND THE WORLD color who are seeking a college education; University. He later was appointed to ON THE OCCASION OF THE 20TH Whereas in the United States historically the United States Supreme Court and ANNIVERSARY OF THE ESTAB- Black colleges and universities have edu- was on the bench when the Court de- LISHMENT OF THE NATIONAL cated 75 percent of all Blacks having Ph.D.s, cided Brown v. Board of Education, the ENDOWMENT FOR DEMOCRACY 46 percent of all Black business executives, landmark decision that once and for all Mr. LUGAR (for himself, Mr. BIDEN, 50 percent of all Black engineers, and 80 per- held that separate learning facilities Mr. FRIST, Mr. DASCHLE, Mr. MCCON- cent of all Black Federal judges; for school children are unconstitu- Whereas in the United States historically NELL, Mr. LEVIN, Mr. KYL, Mr. BAYH, tional. The University of Maryland— Black health professional schools have Mr. HATCH, Mr. GRAHAM of Florida, Mr. now a very different, a more just and trained an estimated 40 percent of all Black LEAHY, Mr. SARBANES, and Mr. HAGEL) diverse place, much like the United dentists, 50 percent of all Black pharmacists, submitted the following concurrent States—acknowledged the historical and 75 percent of all Black veterinarians; resolution; which was referred to the Whereas in the United States historically error of its ways and welcomes all stu- Committee on Foreign Relations: Black colleges and universities have edu- dents. In fact, it has named its law li- S. CON. RES. 66 cated an estimated 50 percent of all Black at- brary after Justice Marshall. We may torneys and 75 percent of all Black military have missed the benefits of Justice Whereas November 22, 2003, marks the 20th officers; and anniversary of the establishment of the Na- Whereas historically Black colleges and Marshall’s brilliant contributions to tional Endowment for Democracy (herein- universities have produced Members of the the legal profession had Howard Uni- after the ‘‘Endowment’’), a bipartisan non- United States Congress, State legislators, versity not been there to accept, nur- governmental institution that promotes de- writers, musicians, actors, engineers, jour- ture and superbly educate African mocracy around the world; nalists, teachers, scholars, judges, pilots, ac- American legal scholars of his era. It is Whereas through the National Endowment tivists, business leaders, lawyers, and doc- impossible to calculate how many doc- for Democracy Act (22 U.S.C. 4411 et seq.), tors: Now, therefore, be it tors, Members of Congress, attorneys signed into law by President Ronald Reagan Resolved, That the Senate— and engineers might not have com- on November 22, 1983, Congress has made pos- (1) fully supports the goals and ideals of sible the funding of the Endowment’s world- National Historically Black Colleges and pleted their educations if these institu- wide grant programs; Universities; tions had not been there to serve them. Whereas 2003 also marks the 20th anniver- (2) salutes and acknowledges historically Historically Black Colleges and Uni- sary of the National Republican Institute for Black colleges and universities and their versities continue to demonstrate their International Affairs (which was subse- presidents, faculties, staff, and trustees for value as thousands of students who quently renamed the International Repub- their vigorous and persistent efforts in sup- have the opportunity to attend any lican Institute (IRI)), the National Demo- port of equal opportunity in higher edu- school choose to enroll in these unique cratic Institute for International Affairs cation; institutions. Maryland is fortunate to (NDI), and the Center for International Pri- (3) commends the students who benefit have four of these institutions: Bowie vate Enterprise (CIPE), all of which joined from historically Black colleges and univer- the Free Trade Union Institute (which was sities for their pursuit of academic excel- State University, Coppin State Univer- subsequently renamed as the American Cen- lence; and sity, Morgan State University, and the ter for International Labor Solidarity) to (4) requests that the President issue a University of Maryland, Eastern Shore. form the four affiliated institutions of the proclamation calling on the people of the According to the National Association Endowment;

VerDate jul 14 2003 03:59 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.091 S09PT1 September 9, 2003 CONGRESSIONAL RECORD — SENATE S11257

Whereas the Endowment and the affiliated TON, Mr. DURBIN, and Ms. SNOWE) submitted ‘‘(ii) costs incurred during the year of fur- institutes have supported grassroots pro- an amendment intended to be proposed to nishing hospital services shall include the grams to build democratic institutions, amendment SA 1542 proposed by Mr. SPECTER costs to the hospital or a related organiza- spread democratic values, encourage free to the bill H.R. 2660, supra. tion, including a faculty practice plan that is market institutions, and promote political SA 1596. Mr. REED (for himself, Mr. KEN- affiliated with an academic medical center, parties, worker rights, independent media, NEDY, Mr. BINGAMAN, Mr. CORZINE, Mr. of physicians’ services provided at the hos- human rights, the rule of law, civic edu- LEVIN, Mr. LAUTENBERG, Mr. SARBANES, Mrs. pital.’’. cation, conflict resolution, political partici- BOXER, Mr. SCHUMER, Mr. JOHNSON, and Mrs. pation by women, and many other essential FEINSTEIN) submitted an amendment in- SA 1591. Mr. DURBIN (for himself, components of civil society and democratic tended to be proposed to amendment SA 1542 Mr. DASCHLE, Mr. LEAHY, Mr. BINGA- governance in emerging and transitional de- proposed by Mr. SPECTER to the bill H.R. MAN, Mrs. MURRAY, and Mrs. FEIN- mocracies, nondemocracies, and war-torn so- 2660, supra. STEIN) submitted an amendment in- cieties; SA 1597. Mr. DODD (for himself, Mr. KEN- tended to be proposed to amendment Whereas the programs carried out or fund- NEDY, Mrs. MURRAY, Ms. MIKULSKI, Mr. SA 1542 proposed by Mr. SPECTER to the ed by the Endowment have made significant DASCHLE, Mr. REED, Mr. BINGAMAN, Mr. LAU- bill H.R. 2660, making appropriations contributions to the efforts of democratic TENBERG, Ms. STABENOW, Mr. AKAKA, Mr. activists to achieve freedom and self-govern- CORZINE, Mr. PRYOR, Mr. KERRY, Mr. JOHN- for the Departments of Labor, Health ance around the world; SON, Mr. NELSON of Florida, Mrs. CLINTON, and Human Services, and Education, Whereas the Endowment, through the and Mrs. BOXER) proposed an amendment to and related agencies for the fiscal year Journal of Democracy, the International amendment SA 1542 proposed by Mr. SPECTER ending September 30, 2004, and for Forum for Democratic Studies, the Reagan- to the bill H.R. 2660, supra. other purposes; as follows: Fascell Democracy Fellows Program, and SA 1598. Mr. SCHUMER (for himself, Ms. At the appropriate place, insert the fol- the World Movement for Democracy, has LANDRIEU, Mr. DURBIN, Mr. LAUTENBERG, lowing: served as a key center of democratic re- Mrs. CLINTON, Mr. KENNEDY, Ms. STABENOW, SEC. ll. For necessary expenses to carry search, exchange, and networking, bringing Mr. BINGAMAN, and Ms. CANTWELL) proposed out the provisions of the Foreign Assistance together thousands of democracy activists, an amendment to amendment SA 1542 pro- Act of 1961 and the United States Leadership scholars, and practitioners from around the posed by Mr. SPECTER to the bill H.R. 2660, Against HIV/AIDS, Tuberculosis, and Ma- world; and supra. laria Act of 2003 for the prevention, treat- Whereas the spread of democracy through- SA 1599. Mr. KENNEDY (for himself, Mr. ment, and control of, and research on HIV/ out the world, to which the work of the En- BINGAMAN, Mrs. MURRAY, Mr. LAUTENBERG, AIDS, in addition to funds appropriated in dowment has contributed significantly, has and Mr. AKAKA) submitted an amendment in- this Act and under the heading ‘‘Global enhanced the national security interests of tended to be proposed by him to the bill H.R. AIDS Initiative’’ in the Foreign Operations, the United States and advanced democratic 2660, supra; which was ordered to lie on the Export Financing, and Related Programs Ap- ideals and values throughout the world: Now, table. propriations Act, 2004, $939,700,000, to remain therefore, be it SA 1600. Mr. DEWINE submitted an amend- available until expended: Provided, That Resolved by the Senate (the House of Rep- ment intended to be proposed to amendment funds appropriated under this section that resentatives concurring), That Congress— SA 1542 proposed by Mr. SPECTER to the bill are made available for the Global Fund to (1) commends the National Endowment for H.R. 2660, supra; which was ordered to lie on Fight AIDS, Tuberculosis, and Malaria shall Democracy for its major contributions to the the table. be made available in accordance with sec- strengthening of democracy around the SA 1601. Mr. DEWINE submitted an amend- tions 202(d)(1) and 202(d)(4) of the United world on the occasion of the 20th anniver- ment intended to be proposed to amendment States Leadership Against HIV/AIDS, Tuber- sary of the establishment of the Endowment; SA 1542 proposed by Mr. SPECTER to the bill culosis, and Malaria Act of 2003 (Public Law and H.R. 2660, supra; which was ordered to lie on 108–25): Provided further, That if the Presi- (2) endeavors to continue to support the the table. dent certifies to the Committee on Appro- vital work of the National Endowment for SA 1602. Mr. CORZINE (for himself, Mrs. priations of the Senate and the Committee Democracy. CLINTON, Mr. LAUTENBERG, Mr. HARKIN, and on Appropriations of the House of Represent- f Mr. REID) proposed an amendment to amend- atives that the funds provided under this sec- ment SA 1542 proposed by Mr. SPECTER to tion can not be effectively used to imple- AMENDMENTS SUBMITTED AND the bill H.R. 2660, supra. ment HIV/AIDS prevention or treatment pro- PROPOSED SA 1603. Mr. REID proposed an amendment grams or programs that improve health care SA 1590. Mr. ALLEN (for himself and Mr. to amendment SA 1542 proposed by Mr. SPEC- infrastructure to more effectively deal with TER to the bill H.R. 2660, supra. WARNER) submitted an amendment intended the HIV/AIDS pandemic, then the funds pro- vided by this section shall be returned to the to be proposed to amendment SA 1542 pro- f posed by Mr. SPECTER to the bill H.R. 2660, Treasury: Provided further, That the amount making appropriations for the Departments TEXT OF AMENDMENTS $6,895,199,000 in section 305(a)(1) of this Act shall be deemed to be $7,834,899,000: Provided of Labor, Health and Human Services, and SA 1590. Mr. ALLEN (for himself and Education, and related agencies for the fiscal further, That the amount $6,783,301,000 in sec- Mr. WARNER) submitted an amendment year ending September 30, 2004, and for other tion 305(a)(2) of this Act shall be deemed to purposes; which was ordered to lie on the intended to be proposed to amendment be $5,843,601,000: Provided further, That of the table. SA 1542 proposed by Mr. SPECTER to the funds appropriated in this Act for the Na- SA 1591. Mr. DURBIN (for himself, Mr. bill H.R. 2660, making appropriations tional Institutes of Health, $330,000,000 shall DASCHLE, Mr. LEAHY, Mr. BINGAMAN, Mrs. for the Departments of Labor, Health not be available for obligation until Sep- MURRAY, and Mrs. FEINSTEIN) submitted an and Human Services, and Education, tember 30, 2004. amendment intended to be proposed to and related agencies for the fiscal year Mr. REED (for himself, Mrs. amendment SA 1542 proposed by Mr. SPECTER SA 1592. ending September 30, 2004, and for MURRAY, Mr. DURBIN, and Ms. CANT- to the bill H.R. 2660, supra. other purposes; which was ordered to SA 1592. Mr. REED (for himself, Mrs. MUR- WELL) submitted an amendment in- RAY, Mr. DURBIN, and Ms. CANTWELL) sub- lie on the table; as follows: tended to be proposed to amendment mitted an amendment intended to be pro- At the end of title II, insert the following: SA 1542 proposed by Mr. SPECTER to the posed to amendment SA 1542 proposed by Mr. SEC. ll. Effective as if included in the en- bill H.R. 2660, making appropriations SPECTER to the bill H.R. 2660, supra. actment of the Omnibus Budget Reconcili- for the Departments of Labor, Health ation Act of 1993 (Public Law 103–66, 107 Stat. SA 1593. Mr. REED submitted an amend- and Human Services, and Education, ment intended to be proposed to amendment 312), section 1923(g)(1)(A) of the Social Secu- SA 1542 proposed by Mr. SPECTER to the bill rity Act (42 U.S.C. 1396r–4(g)(1)(A)) is amend- and related agencies for the fiscal year H.R. 2660, supra; which was ordered to lie on ed— ending September 30, 2004, and for the table. (1) in the first sentence, by inserting ‘‘(or other purposes; as follows: SA 1594. Mr. REED submitted an amend- by a related organization of the hospital On page 61, between lines 14 and 15, insert ment intended to be proposed to amendment treating hospital patients)’’ after ‘‘by the the following: SA 1542 proposed by Mr. SPECTER to the bill hospital’’; and SEC. ll. In addition to any amounts oth- H.R. 2660, supra; which was ordered to lie on (2) by striking the second sentence and in- erwise appropriated under this Act to carry the table. serting the following: ‘‘For purposes of this out immunization programs under section SA 1595. Mr. REED (for himself, Ms. COL- subparagraph— 317 of the Public Health Service Act (42 LINS, Mr. KENNEDY, Mr. LEAHY, Mr. ROCKE- ‘‘(i) payments made to a hospital for serv- U.S.C. 247b), there are appropriated an addi- FELLER, Mr. VOINOVICH, Mr. JEFFORDS, Mr. ices provided to indigent patients made by a tional $50,000,000 to carry out such programs: KERRY, Mr. LIEBERMAN, Mr. SCHUMER, Mr. State or a unit of local government within a Provided, That such amount shall not be CORZINE, Mr. SARBANES, Mr. BINGAMAN, Mrs. State shall not be considered to be a source available for obligation until September 30, LINCOLN, Mr. LEVIN, Mr. HARKIN, Mrs. CLIN- of third party payment; and 2004: Provided further, That the amount

VerDate jul 14 2003 04:46 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A09SE6.077 S09PT1 S11258 CONGRESSIONAL RECORD — SENATE September 9, 2003 $6,895,199,000 in section 305(a)(1) of this Act Health, $480,000,000 shall not be available for Mr. DASCHLE, Mr. REED, Mr. BINGAMAN, shall be deemed to be $6,945,199,000: Provided obligation until September 30, 2004. The Mr. LAUTENBERG, Ms. STABENOW, Mr. further, That the amount $6,783,301,000 in sec- amount $6,895,199,000 in section 305(a)(1) of AKAKA, Mr. CORZINE, Mr. PRYOR, Mr. tion 305(a)(2) of this Act shall be deemed to this Act shall be deemed to be $7,152,199,000, KERRY, Mr. JOHNSON, Mr. NELSON of be $6,733,301,000. and the amount $6,783,301,000 in section 305(a)(2) of this Act shall be deemed to be Florida, Mrs. CLINTON, and Mrs. BOXER) SA 1593. Mr. REED submitted an $6,526,301,000. proposed an amendment to amendment amendment intended to be proposed to SA 1542 proposed by Mr. SPECTER to the amendment SA 1542 proposed by Mr. SA 1595. Mr. REED (for himself, Ms. bill H.R. 2660, making appropriations SPECTER to the bill H.R. 2660, making COLLINS, Mr. KENNEDY, Mr. LEAHY, Mr. for the Departments of Labor, Health appropriations for the Departments of ROCKEFELLER, Mr. VOINOVICH, Mr. JEF- and Human Services, and Education, Labor, Health and Human Services, FORDS, Mr. KERRY, Mr. LIEBERMAN, Mr. and related agencies for the fiscal year and Education, and related agencies for SCHUMER, Mr. CORZINE, Mr. SARBANES, ending September 30, 2004, and for the fiscal year ending September 30, Mr. BINGAMAN, Mrs. LINCOLN, Mr. other purposes; as follows: 2004, and for other purposes; which was LEVIN, Mr. HARKIN, Mrs. CLINTON, Mr. On page 61, between lines 14 and 15, insert ordered to lie on the table; as follows: DURBIN, and Ms. SNOWE) submitted an the following: amendment intended to be proposed to SEC. ll. (a) HEAD START FUNDING.—In ad- On page 61, between lines 14 and 15, insert dition to any amounts otherwise appro- the following: amendment SA 1542 proposed by Mr. priated under this Act to carry out programs SEC. ll. (a) STUDY.—The Comptroller SPECTER to the bill H.R. 2660, making and activities under the Head Start Act (42 General of the United States shall conduct a appropriations for the Departments of U.S.C. 9801 et seq.), there are appropriated an study concerning the long-term impact of Labor, Health and Human Services, additional $350,000,000 for such programs and competitive outsourcing at the Department and Education, and related agencies for activities. of Health and Human Services on both cost (b) OFFSET.—Of the funds appropriated in savings as well as performance and effi- the fiscal year ending September 30, 2004, and for other purposes; as follows: this Act for the National Institutes of ciency. In conducting such study, the Comp- Health, $700,000,000 shall not be available for troller General shall examine— On page 61, between lines 14 and 15, insert obligation until September 30, 2004. The (1) the monetary value of the cost of pay- the following: amount $6,895,199,000 in section 305(a)(1) of ing and providing benefits for Federal em- SEC.ll. In addition to any amounts other- this Act shall be deemed to be $7,245,199,000, ployees as compared to the cost of con- wise appropriated under this Act for addi- and the amount $6,783,301,000 in section tracting out such positions to non-Federal tional home energy assistance needs of one 305(a)(2) of this Act shall be deemed to be individuals and private entities, including or more States arising from a natural dis- $6,433,301,000. the cost of conducting outsourcing studies, aster or other emergency, under section managing contracting out, and monitoring 2602(e) of the Low-Income Home Energy As- SA 1598. Mr. SCHUMER (for himself, contractor compliance; sistance Act of 1981 (42 U.S.C. 8621(e)), there Ms. LANDRIEU, Mr. DURBIN, Mr. LAU- are appropriated an additional $300,000,000 for (2) the effects of outsourcing on Federal ef- TENBERG, Mrs. CLINTON, Mr. KENNEDY, ficiency, specifically the benefits of a stable, such needs: Provided, That of the funds ap- Ms. STABENOW, Mr. BINGAMAN, and Ms. integrated workforce on internal Depart- propriated in this Act for the National Insti- mental communications, institutional mem- tutes of Health, $264,000,000 shall not be CANTWELL) proposed an amendment to ory, workforce diversity, consistent applica- available for obligation until September 30, amendment SA 1542 proposed by Mr. tion of policy (both internal and external), 2004: Provided further, That the amount SPECTER to the bill H.R. 2660, making institutional relations with clients (includ- $6,895,199,000 in section 305(a)(1) of this Act appropriations for the Departments of ing hospitals, researchers, nonprofit entities, shall be deemed to be $7,195,199,000: Provided Labor, Health and Human Services, and the general public), and the ability to re- further, That the amount $6,783,301,000 in sec- and Education, and related agencies for cruit and retain the highest levels of exper- tion 305(a)(2) of this Act shall be deemed to the fiscal year ending September 30, be $6,483,301,000. tise within crucial health agencies; and 2004, and for other purposes; as follows: (3) performance and accountability in outsourced work compared to work con- SA 1596. Mr. REED (for himself, Mr. On page 61, between lines 14 and 15, insert the following: ducted by Federal Government agencies, spe- KENNEDY, Mr. BINGAMAN, Mr. CORZINE, cifically, whether or not there are adequate SEC. ll. In addition to amounts otherwise Mr. LEVIN, Mr. LAUTENBERG, Mr. SAR- appropriated under this Act to carry out pro- measurements in contracts to ensure per- BANES, Mrs. BOXER, Mr. SCHUMER, Mr. formance levels, and if there exists a com- grams and activities under title XXVI of the JOHNSON, and Mrs. FEINSTEIN) sub- prehensive means for determining account- Public Health Service Act (42 U.S.C. 300ff-11 ability in the carrying out of Federal Gov- mitted an amendment intended to be et seq.), there are appropriated an addi- ernment contracts. proposed to amendment SA 1542 pro- tional— (b) REPORT.—Not later than 1 year after posed by Mr. SPECTER to the bill H.R. (1) $74,010,000 to carry out part A of such the date of enactment of this Act, the Comp- 2660, making appropriations for the De- title XXVI (42 U.S.C. 300ff-11 et seq.); (2) $50,000,000 to carry out part B of such troller General of the United States shall partments of Labor, Health and Human submit to the appropriate committees of title XXVI (42 U.S.C. 300ff-21 et seq.); Services, and Education, and related (3) $214,800,000 to carry out State AIDS Congress a report concerning the study con- agencies for the fiscal year ending Sep- ducted under subsection (a). Drug Assistance Programs under section 2616 tember 30, 2004, and for other purposes; of such title XXVI (42 U.S.C. 300ff–26); SA 1594. Mr. REED submitted an as follows: (4) $21,130,000 to carry out part C of such amendment intended to be proposed to At the end of title III, insert the following: title XXVI (42 U.S.C. 300ff-51 et seq.); (5) $25,450,000 to carry out part D of such amendment SA 1542 proposed by Mr. SEC. 306. (a) In addition to any amounts otherwise appropriated under this Act, there title XXVI (42 U.S.C. 300ff-71 et seq.); SPECTER to the bill H.R. 2660, making (6) $10,450,000 to carry out section 2692(a) of appropriations for the Departments of are appropriated, out of any money in the Treasury not otherwise appropriated— such title XXVI (42 U.S.C. 300ff-111(a)); and Labor, Health and Human Services, (1) an additional $15,081,000 to carry out (7) $5,590,000 to carry out section 2692(b) of and Education, and related agencies for subpart 4 of part B of title I of the Elemen- such title XXVI (42 U.S.C. 300ff-111(b)). the fiscal year ending September 30, tary and Secondary Education Act of 1965; Provided, That of the funds appropriated 2004, and for other purposes; which was (2) an additional $24,100,000 to carry out the under this Act for the National Institutes of ordered to lie on the table; as follows: Library Services and Technology Act; and Health, $750,000,000 shall not be available for (3) an additional $5,182,000 to carry out the obligation until September 30, 2004: Provided On page 61, between lines 14 and 15, insert further, That the amount $6,895,199,000 in sec- the following: Museum Services Act. (b) Of the funds appropriated in this Act tion 305(a)(1) of this Act shall be deemed to SEC. ll. (a) INCREASE IN FUNDING FOR be $7,296,629,000: Provided further, That the HEALTH PROFESSIONS PROGRAMS.—In addi- for the National Institutes of Health, $20,000,000 shall not be available for obliga- amount $6,783,301,000 in section 305(a)(2) of tion to any amounts otherwise appropriated this Act shall be deemed to be $6,381,871,000. under this Act for health professions pro- tion until September 30, 2004. grams and activities under title VII of the (c) The amount $6,895,199,000 in section SA 1599. Mr. KENNEDY (for himself, 305(a)(1) of this Act shall be deemed to be Public Health Service Act (42 U.S.C. 292 et Mr. BINGAMAN, Mrs. MURRAY, Mr. LAU- seq.), there are appropriated an additional $6,939,562,000, and the amount $6,783,301,000 in TENBERG, and Mr. AKAKA) submitted an $257,000,000 for the Health Resources and section 305(a)(2) of this Act shall be deemed Services Administration to fund such pro- to be $6,738,938,000. amendment intended to be proposed by grams and activities. him to the bill H.R. 2660, making ap- (b) OFFSET.—Of the funds appropriated in SA 1597. Mr. DODD (for himself, Mr. propriations for the Departments of this Act for the National Institutes of KENNEDY, Mrs. MURRAY, Ms. MIKULSKI, Labor, Health and Human Services,

VerDate jul 14 2003 03:59 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A09SE6.075 S09PT1 September 9, 2003 CONGRESSIONAL RECORD — SENATE S11259 and Education, and for related agencies is not required to be appropriated by a provi- AUTHORITY FOR COMMITTEES TO for the fiscal year ending September 30, sion of law shall be reduced on a pro rata MEET 2004, and for other purposes; which was basis by $60,000,000. COMMITTEE ON ARMED SERVICES ordered to lie on the table; as follows: SA 1602. Mr. CORZINE (for himself, Mr. FRIST. Mr. President, I ask At the appropriate place in title II, insert Mrs. CLINTON, Mr. HARKIN, and Mr. unanimous consent that the Com- the following: REID) proposed an amendment to mittee on Armed Services be author- SEC. ll. (a) HEALTH WORKFORCE DIVER- amendment SA 1542 proposed by Mr. SITY PROGRAMS.—In addition to amounts ized to meet during the session of the otherwise appropriated to enable the Bureau SPECTER to the bill H.R. 2660, making Senate on Tuesday, September 9, 2003, of Health Professions to carry out the pro- appropriations for the Departments of at 10 a.m., to receive testimony on U.S. grams described in paragraphs (1) through Labor, Health and Human Services, military commitments and ongoing (4), there are appropriated an additional and Education, and for related agencies military operations abroad. $109,000,000 to the Bureau of Health Profes- for the fiscal year ending September 30, The PRESIDING OFFICER. Without sions to support health workforce diversity 2004, and for other purposes; as follows: objection, it is so ordered. programs, including— At the end of title III add the following: COMMITTEE ON BANKING, HOUSING, AND URBAN (1) Centers of Excellence; SEC. 306. None of the funds provided under (2) Health Career Opportunities Programs; this Act shall be used to implement or en- AFFAIRS (3) Disadvantaged Faculty Loan Repay- force the annual updates to the allowance for Mr. FRIST. Mr. President, I ask ment; State and other taxes in the tables used in unanimous consent that the Com- (4) Scholarships for Disadvantaged Stu- the Federal Needs Analysis Methodology to mittee on Banking, Housing, and dents; and determine a student’s expected family con- Urban Affairs be authorized to meet (5) Health Professions Education in Health tribution for the award year 2004-2005 under during the session of the Senate on Disparities and Cultural Competency. part F of title IV of the Higher Education (b) OFFSET.—Of the funds appropriated in Act of 1965 (20 U.S.C. 1087kk et seq.) pub- September 9, 2003, at 10 a.m. to conduct this Act for the National Institutes of lished in the Federal Register on Friday, a hearing on ‘‘The Implementation of Health, $150,000,000 shall not be available for May 30, 2003 (68 Fed. Reg. 32473), to the ex- the Sarbanes-Oxley Act and Restoring obligation until September 30, 2004. The tent that such implementation or enforce- Investor Confidence.’’ amount $6,895,199,000 in section 305(a)(1) of ment of the updates will reduce the amount The PRESIDING OFFICER. Without this Act shall be deemed to be $7,004,199,000, of Federal student financial assistance for objection, it is so ordered. and the amount $6,783,301,000 in section which a student is eligible: Provided, That of 305(a)(2) of this Act shall be deemed to be the funds appropriated in this Act for the COMMITTEE ON COMMERCE, SCIENCE, AND $6,653,301,000. National Institutes of Health, $200,000,000 TRANSPORTATION shall not be available for obligation until Mr. FRIST. Mr. President, I ask SA 1600. Mr. DEWINE submitted an September 30, 2004. unanimous consent that the Com- amendment intended to be proposed to mittee on Commerce, Science, and amendment SA 1542 proposed by Mr. SA 1603. Mr. REID proposed an Transportation be authorized to meet amendment to amendment SA 1542 pro- SPECTER to the bill H.R. 2660, making on Tuesday, September 9, 2003, at 9:30 appropriations for the Departments of posed by Mr. SPECTER to the bill H.R. a.m. on oversight of transportation se- Labor, Health and Human Services, 2660, making appropriations for the De- curity. partments of Labor, Health and Human and Education, and for related agencies The PRESIDING OFFICER. Without Services, and Education, and for re- for the fiscal year ending September 30, objection, it is so ordered. lated agencies for the fiscal year end- 2004, and for other purposes; which was COMMITTEE ON ENERGY AND NATURAL ordered to lie on the table; as follows: ing September 30, 2004, and for other purposes; as follows: RESOURCES On page 61, between lines 14 and 15, insert Mr. FRIST. Mr. President, I ask the following: At the end of title III, insert the following: SEC. 306. (a) In addition to any amounts unanimous consent that the Com- SEC. ll. (a) MOTHER-TO-CHILD HIV TRANS- otherwise appropriated under this Act, there mittee on Energy and Natural Re- MISSION PREVENTION.—In addition to any are appropriated, out of any money in the amounts otherwise made available under sources be authorized to meet during Treasury not otherwise appropriated— this Act to carry out mother-to-child HIV the session of the Senate on Tuesday, (1) an additional $85,000,000 to carry out transmission prevention activities, there September 9 at 10 a.m. to consider the title III of the Elementary and Secondary shall be made available an additional nominations of Suedeen G. Kelly to be Education Act of 1965 (language instruction); $60,000,000 to carry out such activities. (2) an additional $6,449,000 to carry out part a member of the Federal Energy Regu- (b) REDUCTION IN AMOUNTS.—Amounts A of title V of the Higher Education Act of latory Commission and Rick A. Dear- made available under this Act for the admin- 1965 (Hispanic-serving institutions); born to be Assistant Secretary of En- istrative and related expenses for depart- (3) an additional $4,587,000 to carry out part ergy, Congressional and Intergovern- mental management for the Department of C of title I of the Elementary and Secondary Labor, the Department of Health and Human mental Affairs. Education Act of 1965 (migrant education); Services, the Department of Education, and The PRESIDING OFFICER. Without (4) an additional $11,000,000 to carry out related agencies shall be reduced on a pro objection, it is so ordered. high school equivalency program activities rata basis by $60,000,000. under section 418A of the Higher Education COMMITTEE ON FINANCE Act of 1965 (HEP); Mr. FRIST. Mr. President, I ask SA 1601. Mr. DEWINE submitted an (5) an additional $1,000,000 to carry out col- unanimous consent that the Com- amendment intended to be proposed to lege assistance migrant program activities mittee on Finance be authorized to amendment SA 1542 proposed by Mr. under section 418A of the Higher Education meet during the session on Tuesday, SPECTER to the bill H.R. 2660, making Act of 1965 (CAMP); September 9, 2003, at 10 a.m., to hear appropriations for the Departments of (6) an additional $12,776,000 to carry out testimony on ‘‘The Alias Among Us; Labor, Health and Human Services, subpart 16 of part D of title V of the Elemen- The Homeland Security and Terrorism and Education, and for related agencies tary and Secondary Education Act of 1965 Threat from Document Fraud, Identity for the fiscal year ending September 30, (parental assistance and local family infor- Theft and Social Security Number Mis- 2004, and for other purposes; which was mation centers); and (7) an additional $69,000,000 to carry out use.’’ ordered to lie on the table; as follows: migrant and seasonal Head Start programs: The PRESIDING OFFICER. Without On page 61, between lines 14 and 15, insert Provided, That such sum shall be in addition objection, it is so ordered. the following: to funds reserved for migrant, seasonal, and COMMITTEE ON FOREIGN RELATIONS SEC. ll. (a) MOTHER-TO-CHILD HIV TRANS- other Head Start programs under section MISSION PREVENTION.—In addition to any 640(a)(2) of the Head Start Act. Mr. FRIST. Mr. President, I ask amounts otherwise made available under (b) Of the funds appropriated in this Act unanimous consent that the Com- this Act to carry out mother-to-child HIV for the National Institutes of Health, mittee on Foreign Relations be author- transmission prevention activities, there $146,000,000 shall not be available for obliga- ized to meet during the session of the shall be made available an additional tion until September 30, 2004. Senate on Tuesday, September 9, 2003 $60,000,000 to carry out such activities. (c) The amount $6,895,199,000 in section (b) REDUCTION IN AMOUNTS.—Each amount 305(a)(1) of this Act shall be deemed to be at 9:45 a.m. to hold an all-Member appropriated under this Act (other than $7,085,011,000 and the amount $6,783,301,000 in briefing on North Korea. amounts appropriated for mother-to-child section 305(a)(2) of this Act shall be deemed The PRESIDING OFFICER. Without HIV transmission prevention activities) that to be $6,593,489,000. objection, it is so ordered.

VerDate jul 14 2003 03:59 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A09SE6.078 S09PT1 S11260 CONGRESSIONAL RECORD — SENATE September 9, 2003 COMMITTEE ON THE JUDICIARY from 10 a.m. to 12 p.m. in Dirksen 628 health in ways that range from children Mr. FRIST. Mr. President, I ask for the purpose of conducting a hear- being unable to make needed doctors’ ap- unanimous consent that the Com- ing. pointments, to children receiving inadequate mittee on the Judiciary be authorized The PRESIDING OFFICER. Without early care, leading to more severe and pro- objection, it is so ordered. longed illness; to meet to conduct a hearing on Tues- Whereas nearly one out of every four day, September 9, 2003, at 10:00 a.m. in SUBCOMMITTEE ON FINANCIAL INSTITUTIONS Americans—over 45 million Americans—pro- the Dirksen Senate Office Building Mr. FRIST. Mr. President, I ask vided or arranged care for a family member Room 226 on ‘‘Ensuring the Continuity unanimous consent that the Sub- or friend in the past year; of the United States Government: The committee on Financial Institutions of Whereas nearly all working adults are con- Congress.’’ the Committee on Banking, Housing, cerned about spending more time with their and Urban Affairs be authorized to immediate family; and Witnesses meet during the session of the Senate Whereas as an increasing number of baby Panel I: The Honorable Brian Baird, on September 9, 2003, at 2:00 p.m. to boomers reach retirement age in record United States Representative [D–WA]; conduct a hearing on ‘‘Oversight of the numbers, more and more Americans are faced with the challenge of caring for older The Honorable David Dreier, United Federal Home Loan Bank System.’’ parents: Now, therefore, be it States Representative [R–CA]. The PRESIDING OFFICER. Without Resolved, That— Panel II: Dr. Norman J. Ornstein, objection, it is so ordered. (1) it is the sense of the Senate that— Senior Counselor, Continuity of Gov- SUBCOMMITTEE ON NATIONAL PARKS (A) reducing the conflict between work and ernment Commission, Resident Schol- Mr. FRIST. Mr. President, I ask family life should be a national priority; and ar, American Enterprise Institute, unanimous consent that the Sub- (B) the month of October of 2003 should be Washington, DC. committee on National Parks of the designated as ‘‘National Work and Family Mr. Doug Lewis, Director, The Elec- Committee on Energy and Natural Re- Month’’; and sources be authorized to meet during (2) the Senate requests that the President tion Center, Houston, TX. issue a proclamation calling upon the people Mr. Raymond F. DuBois, Deputy the session of the Senate on Tuesday, of the United States to observe ‘‘National Under Secretary of Defense, Installa- September 9, 2003 at 2:30 p.m. Work and Family Month’’ with appropriate tions & Environment, Department of The purpose of the hearing is to re- ceremonies and activities. Defense, Arlington, VA. ceive testimony on the following bills: Mr. Thad Hall, Program Officer, The S. 808, to provide for expansion of f Century Foundation, Washington, DC. Sleeping Bear Dunes National Lake- ORDERS FOR WEDNESDAY, The PRESIDING OFFICER. Without shore; S. 1107, to enhance the Rec- SEPTEMBER 10, 2003 objection, it is so ordered. reational Fee Demonstration Program Mr. SPECTER. Mr. President, I ask COMMITTEE ON THE JUDICIARY for the National Park Service, and for other purposes; and H.R. 620, to author- unanimous consent that when the Sen- Mr. FRIST. Mr. President, I ask ate completes its business today, it ad- unanimous consent that the Com- ize the Secretary of the Interior to pro- vide supplemental funding and other journ until 9:30 a.m. tomorrow. I ask mittee on the Judiciary be authorized further that following the prayer and to meet to conduct a hearing on Tues- services that are necessary to assist the State of California or local edu- the pledge, the morning hour be day, September 9, 2003, at 2:00 p.m. in deemed expired, the Journal of pro- the Dirksen Senate Office Building cational agencies in California in pro- viding educational services for stu- ceedings be approved to date, the time Room 226 on ‘‘Pornography, Tech- for the two leaders be reserved, and the nology, and Process: Problems and So- dents attending schools located within the park. Senate then resume consideration of lutions on Peer-to-Peer Networks.’’ The PRESIDING OFFICER. Without the current legislation. Witnesses objection, it is so ordered. The PRESIDING OFFICER. Without Panel I: Linda Koontz, Director of In- f objection, it is so ordered. formation Management, U.S. General NATIONAL WORK AND FAMILY f Accounting Office, Washington, DC. MONTH PROGRAM John Malcolm, Deputy Assistant At- On Friday, September 5, 2003, the torney General, Criminal Division, U.S. Senate passed S. Res. 210, as follows: Mr. SPECTER. For the information Department of Justice, Washington, of all Senators, tomorrow the Senate DC. Whereas the quality of workers’ jobs and will resume consideration of this bill, the supportiveness of their workplaces are Thomas J. Spota, Suffolk County key predictors of job productivity, job satis- and we have already specified the District Attorney, Hauppauge, NY. faction, commitment to employers, and re- amendments which are going to occur. Robbie Callaway, Chairman, National tention; Following those votes, the Senate will Center for Missing and Exploited Chil- Whereas there is a clear link between continue to work on the bill. The ma- dren, Alexandria, VA. work-family policies and lower absenteeism; jority leader has stated his intention Stephen Hess, Associate Academic Whereas the more overworked employees to complete the bill tomorrow. There Vice President for Information Tech- feel, the more likely they are to report mak- are a number of pending amendments. nology, University of Utah, Salt Lake ing mistakes, feel anger and resentment to- The chairman and ranking member ward employers and coworkers, and look for City, UT. a new job; will be here throughout the day to Douglas W. Jacobson, President and Whereas employees who feel overworked work through the amendments. Sen- Chief Technology Officer, Palisade Sys- tend to feel less successful in their relation- ators can expect rollcall votes. tems, Ames, IA. ships with their spouses, children, and Mr. REID. If my friend will yield for Panel II: William Barr, Esquire, Gen- friends, and tend to neglect themselves, feel a brief statement, all Senators should eral Counsel, Verizon Communications, less healthy, and feel more stress; recognize that we will have no more Washington, DC. Whereas 85 percent of U.S. wage and sala- rollcall votes if we finish this bill to- Cary Sherman, President, Recording ried workers have immediate, day-to-day morrow night. That would work well Industry Association of America, family responsibilities off the job; Whereas 46 percent of wage and salaried because of September 11. Things have Washington, DC. workers are parents with children under the already been scheduled. We have eight Marybeth Peters, Register of Copy- age of 18 who live with them at least half- Senators who will be gone a good part rights, U.S. Copyright Office, Wash- time; of that day because of their States hav- ington, DC. Whereas job flexibility allows parents to be ing been so badly affected by the The PRESIDING OFFICER. Without more involved in their children’s lives, and events of 9/11. objection, it is so ordered. parental involvement is associated with chil- I say to all Senators, if we finish to- dren’s higher achievement in language and SPECIAL COMMITTEE ON AGING morrow, no matter what time, there mathematics, improved behavior, greater Mr. FRIST. Mr. President, I ask academic persistence, and lower dropout will be no more votes for the remainder unanimous consent that the Special rates; of this week, and we will do other legis- Committee on Aging be authorized to Whereas a lack of job flexibility for work- lative business. But there will be no meet on Tuesday, September 9, 2003 ing parents negatively affects children’s votes.

VerDate jul 14 2003 03:59 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A09SE6.083 S09PT1 September 9, 2003 CONGRESSIONAL RECORD — SENATE S11261 Mr. SPECTER. Mr. President, there The PRESIDING OFFICER. Without which I think is a good idea. Very little are still a couple of other wrap-up objection, it is so ordered. remains on both sides. There is always items. The bill (H.R. 1668) was read the third great temptation to proceed with alac- f time and passed. rity once the light at the end of the DESIGNATING THE ‘‘ED f tunnel signifies no additional votes, at EDMONDSON UNITED STATES STAR PRINT—SENATE REPORT 108– which point the railways and airlines COURTHOUSE’’ IN MUSKOGEE, 113 become congested with 100 passengers. OKLAHOMA Mr. SPECTER. Mr. President, I ask So we now have that incentive to move Mr. SPECTER. Mr. President, I ask unanimous consent that Senate report ahead with dispatch tomorrow to com- unanimous consent that the Senate No. 108–113 be star printed with the plete the bill. I think it will be a signal proceed to the immediate consider- changes at the desk. accomplishment to get it done. ation of H.R. 1668, which is at the desk. The PRESIDING OFFICER. Without The PRESIDING OFFICER. The objection, it is so ordered. f clerk will state the bill by title. f The legislative clerk read as follows: COMPLETION OF H.R. 2660 A bill (H.R. 1668) to designate the United ADJOURNMENT UNTIL 9:30 A.M. States courthouse located at 101 North Fifth Mr. SPECTER. Mr. President, I TOMORROW Street in Muskogee, Oklahoma, as the ‘‘Ed thank the assistant Democratic leader. Edmondson United States Courthouse.’’ I think it has been a productive day— Mr. SPECTER. Mr. President, if There being no objection, the Senate starting at 5 o’clock. I am happy to there is no further business to come be- proceeded to consider the bill. have had the votes. It breaks the log- fore the Senate, I ask unanimous con- Mr. SPECTER. Mr. President, I ask jam. We had quite a number of amend- sent that the Senate stand in adjourn- unanimous consent that the bill be ments offered this evening. I think the ment under the previous order. read the third time and passed, the mo- stage has been set to move with dis- There being no objection, the Senate, tion to reconsider be laid upon the patch tomorrow. table, and that any statements relating The assistant Democratic leader has at 9:11 p.m., adjourned until Wednes- to the bill be printed in the RECORD. made the suggestion about early votes, day, September 10, at 9:30 a.m.

VerDate jul 14 2003 03:59 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\G09SE6.130 S09PT1 September 9, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1733 EXTENSIONS OF REMARKS

A PROCLAMATION RECOGNIZING Kevin’s mother taught him that good deeds A PROCLAMATION RECOGNIZING JASON MICHAEL BOETCHER come back to those who do them, and that RONALD SICKELS creed has clearly affected both Kevin and HON. ROBERT W. NEY Manuel in a very positive way. HON. ROBERT W. NEY OF OHIO Mr. Speaker, I ask you join me and all the OF OHIO IN THE HOUSE OF REPRESENTATIVES residents of New Mexico in honoring and IN THE HOUSE OF REPRESENTATIVES thanking Kevin and Manuel Romero for their Tuesday, September 9, 2003 Tuesday, September 9, 2003 valiant efforts in saving a family home from a Mr. NEY. Mr. Speaker: Mr. NEY. Mr. Speaker, Whereas, Jason Mi- devastating fire. Their spirit of community is an Whereas, Ronald Sickels has demonstrated chael Boetcher has devoted himself to serving inspiration to us all. professionalism and a dedication to safety; others through his membership in the Boy and Scouts of America; and f Whereas, Ronald Sickels has logged 1 mil- Whereas, Jason Michael Boetcher has HONORING THE ORANGE 9–10 lion miles, the equivalent of circling the earth’s shared his time and talent with the community equator 40 times, without a single preventable in which he resides; and GIRLS SOFTBALL TEAM ON THEIR STATE CHAMPIONSHIP accident; and Whereas, Jason Michael Boetcher has dem- Whereas, Ronald Sickels must be com- onstrated a commitment to meet challenges mended for the hard work and dedication he with enthusiasm, confidence and outstanding HON. ROSA L. DeLAURO put forth over his years at Yellow Transpor- service; and OF CONNECTICUT tation; Whereas, Jason Michael Boetcher must be Therefore, I join with the Motor Freight Car- IN THE HOUSE OF REPRESENTATIVES commended for the hard work and dedication riers Association and the residents of Ohio he put forth in earning the Eagle Scout Award; Tuesday, September 9, 2003 18th Congressional District in congratulating Therefore, I join with the residents of Ronald Sickels for his outstanding achieve- Ms. DELAURO. Mr. Speaker, it is with great Frazeysburg and the entire 18th Congres- pride and excitement that I rise today to ex- ment. sional District in congratulating Jason Michael tend my sincere congratulations to the Orange f Boetcher as he receives the Eagle Scout 9–10 Girls Softball Team who recently won Award. A LIFE-SAVING PARTNERSHIP— their second consecutive State Championship QWEST JOINS AMBER ALERT f title. I am certainly proud to stand with the Or- TEAM HIGH SCHOOLERS DISPLAY TRUE ange community in saluting these youngsters HEROISM—PEOPLE HELPING on this tremendous accomplishment. HON. HEATHER WILSON PEOPLE For too long young women were often dis- OF NEW MEXICO couraged from participating in sports. It has IN THE HOUSE OF REPRESENTATIVES only been in the last decade that women’s HON. HEATHER WILSON Tuesday, September 9, 2003 sports have exploded onto the national stage. OF NEW MEXICO With the continued and increasing interest in Mrs. WILSON of New Mexico. Mr. Speaker, IN THE HOUSE OF REPRESENTATIVES women’s collegiate and professional teams, so today I bring to your attention a partnership Tuesday, September 9, 2003 many opportunities are opening up for our that could save children’s lives. Telecommuni- young people. cations provider Qwest will begin sending Mrs. WILSON of New Mexico. Mr. Speaker, AMBER Alerts directly to its technicians’ today I bring to your attention Kevin and This team of fourteen girls worked hard and played well—enjoying an extraordinary sea- pagers in order to increase the number of indi- Manuel Romero, best friends who took it upon viduals looking for missing children. The com- themselves to help save a family’s home dur- son. More importantly, they have learned one of life’s most valuable lessons—teamwork. pany joins America Online and the New Mex- ing the first of two fires that recently threat- ico State Lottery as a corporate partner in the ened Albuquerque’s bosque. Softball, like all sports, teaches us the value of team work, practice, camaraderie, and com- program to find abducted children. Kevin and Manuel will be juniors at Albu- The AMBER Alert program began in 1996, mitment to excellence. These skills will serve querque’s West Mesa High School in the fall. and since then over 32 abducted children na- these young people well as they begin to They both grew up on Albuquerque’s West tionally have been found as a direct result of Side, the area of town most threatened by the make a difference in the world. Working to- communities’ rapid response to the alert. In recent fires, and have been involved in gether, they have already accomplished so October 2000 I sponsored and the House JROTC throughout high school. much and who knows—perhaps the next Lisa passed a resolution on this floor urging com- On June 24, the pair decided to drive by the Fernandez or Christa Williams is among them. munities to implement the AMBER Alert. I then bosque to get a closer look at the flames. As I have every confidence that they will enjoy laid the groundwork for the alerts to become they did so, they saw Mary and Dick Kirsch- great success in all of their future endeavors. available in New Mexico, which they did in ner, whose home borders the bosque, at- I would be remiss if I did not take this op- April 2001. Today the Albuquerque Police De- tempting to put out the flames encroaching on portunity to extend my thanks and congratula- partment, Bernalillo County Sheriff’s Depart- their house. Grabbing shovels, the boys imme- tions to some very special parents. It is with ment, and the New Mexico State Police have diately filled buckets with dirt and dumped great pleasure that I also recognize Coaches all established AMBER Alert programs. sand onto the embers. The thought of not Ken Slowik, Bruce Post, and Bill McNeil—all The AMBER Alerts are currently carried by helping never crossed their minds. of whom have worked hard to give these New Mexico’s broadcast media via the same Kevin and Manuel’s efforts clearly made a young people the chance to play. Without their Emergency Alert System used in severe difference in saving the Kirschners’ home, efforts, the success of the team would not weather and national emergencies. The tones which is now surrounded by scorched terrain. have been possible. so familiar to citizens during storms are now That landscape is a constant reminder of how This evening, as they celebrate their victory, helping to save children’s lives. Thanks to close the fire came. Kevin and Manuel had I would again extend my heart-felt congratula- Qwest’s efforts, the alerts will now go out di- never met the Kirschners, yet they tirelessly tions to these youngsters as well as my very rectly to the company’s field technicians’ worked to save their home. The boys’ efforts best wishes for continued success. I am pagers as well. The workers cover much of won them not only recognition on numerous thrilled to join the Orange community in recog- the state in their efforts to serve customers, so local newscasts but the thanks of the nizing this outstanding accomplishment and adding those employees to the network of in- Kirschners as well, who praise the boys for only wish that I could share in tonight’s festivi- dividuals looking for missing children will be a ‘‘reaffirming the best of human instincts.’’ ties. You have made us all proud. tremendous advantage.

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

VerDate jul 14 2003 05:39 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A09SE8.001 E09PT1 E1734 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 2003 Mr. Speaker, I ask you join me and all the Whereas, the Ohio College Republican Fed- I laud Cloyce for his tireless and selfless residents of New Mexico in honoring and eration (OCRF) has been presented the ‘‘Best leadership of the Independent Insurance thanking Qwest for its efforts to aid our com- State Federation Award’’ by the College Re- Agents & Brokers of America and the many munity in efforts to find abducted children. publican National Committee; and accomplishments benefiting all independent in- AMBER Alerts have proven effective in finding Whereas, the OCRF should be recognized surance agents and brokers realized during these children, and through its partnership for its leadership, Campaign Efforts, Education his tenure as President. I know that even Qwest has significantly expanded the number Taskforce, Women’s Caucus, and service to though Cloyce will step aside as IIABA leader of people participating in the program and aid- the Republican Party; and soon, he will remain involved with the Associa- ing authorities in their search. I commend Whereas, OCRF members must be com- tion because he is a concerned leader and them for answering an important call. mended for the hard work, and dedication they wants to continue helping his colleagues build put forth on a daily basis; f for a strong and secure future. Congratulations Therefore, I join with the College Republican on a job well done, Cloyce! HONORING JOEL SCHIAVONE AS National Committee and the residents of HE RECEIVES THE NEW HAVEN Ohio’s 18th Congressional District in congratu- f PRESERVATION TRUST ‘‘PRESER- lating the Ohio College Republican Federation VATION HERO AWARD’’ for this outstanding achievement. THE 100TH ANNIVERSARY CELE- f BRATION OF THE CARNEGIE HON. ROSA L. DeLAURO FREE LIBRARY OF BEAVER TRIBUTE TO W. CLOYCE ANDERS, FALLS, PA OF CONNECTICUT RALEIGH, NC, ON COMPLETION IN THE HOUSE OF REPRESENTATIVES OF HIS TERM AS PRESIDENT OF Tuesday, September 9, 2003 THE INDEPENDENT INSURANCE HON. MELISSA A. HART AGENTS & BROKERS OF AMER- OF PENNSYLVANIA Ms. DELAURO Mr. Speaker, I am pleased ICA to rise today to join the New Haven Preserva- IN THE HOUSE OF REPRESENTATIVES tion Trust in recognizing Joel Schiavone for Tuesday, September 9, 2003 his many contributions to our community. As a HON. WALTER B. JONES lifelong resident of New Haven, Connecticut, I OF NORTH CAROLINA Ms. HART. Mr. Speaker, on September am truly grateful to those in our community IN THE HOUSE OF REPRESENTATIVES 13th, an outstanding institution in the congres- sional district I represent in the House of Rep- who dedicate themselves to preserving our Tuesday, September 9, 2003 rich history. Through his efforts and good resentatives will celebrate a remarkable land- Mr. JONES of North Carolina. Mr. Speaker, work, Joel has helped to preserve numerous mark. The Carnegie Free Library of Beaver I rise today to commend my friend and a fel- architectural jewels throughout our great city. Falls, PA, will hold its 100th anniversary cele- low North Carolinian, W. Cloyce Anders of Ra- Each year, the New Haven Preservation bration on that date. I am honored to pay trib- leigh, who is completing his highly successful Trust bestows their Preservation Hero Award ute to this library that has provided knowledge term as President of the nation’s largest insur- on an individual or group who has significantly and enjoyment to citizens both young and old ance association—the Independent Insurance in the Beaver area for a century. contributed to the preservation of the distinc- Agents & Brokers of America (IIABA)—later tive character of the city of New Haven. I ask my colleagues in the House of Rep- this month in Las Vegas. He was elected to resentatives to join me in wishing the Car- Throughout the course of its history the city IIABA’s Executive Committee in September has seen many changes. The home of such negie Free Library of Beaver Falls a happy 1997. Cloyce is president of VFIS of North one hundredth birthday and to thank all of local treasures as Yale University, Winchester Carolina and Anders, Ireland & Marshall, Inc., those who have served in its important mis- Repeating Arms, Wooster Square, and the both of Raleigh as well as a managing partner sion to provide reference, knowledge, and en- Carousel at Lighthouse Point, the city has a of Independent Agency Services, LLC, of Dur- tertainment to the Beaver Falls community strong and proud tradition of fighting to pre- ham. over the past one hundred years. serve those unique facets on which our com- Even before his service as IIABA president, munity was built. Cloyce’s career as an independent insurance As a developer and entrepreneur, Joel has agent was marked with distinguished service f worked over the last several decades to blend and dedication to his clients, community, the changing needs of the residents and busi- A PROCLAMATION RECOGNIZING IIABA, the Independent Insurance Agents of EDWARD THOMAS WARNER nesses with the unique styles of architecture North Carolina (IIANC), and his colleagues which can be found throughout the city. Per- across the country. His service to his peers haps his most well-known accomplishments lie began with his involvement at the state level HON. ROBERT W. NEY in the resurrection of the College and Chapel with IIANC. He served as IIANC president for OF OHIO Street District which sits adjacent to Yale Uni- a year beginning in 1989 and represented the IN THE HOUSE OF REPRESENTATIVES versity. His work not only restored many his- state on IIABA’s National Board of State Di- toric buildings but began an economic revital- rectors from 1992 to 1997. In recognition of Tuesday, September 9, 2003 ization of the area as well. his outstanding service, he was honored by Mr. NEY. Mr. Speaker: Throughout his career, Joel has committed the North Carolina association as its Agent of Whereas Edward Thomas Warner has de- himself to enriching the city and celebrating its the Year, Young Agent of the Year, Educator voted himself to serving others through his unique culture. I am honored to rise today to of the Year, and Committee Chairman of the membership in the Boy Scouts of America; join the New Haven Preservation Trust, and Year. and the New Haven community, in extending my Cloyce also is a concerned and highly ac- Whereas, Edward Thomas Warner has sincere thanks and appreciation to Joel tive member of his community. He has served shared his time and talent with the community Schiavone for his many efforts on behalf of as president of several community organiza- in which he resides; and the city of New Haven. tions, including the Craven County Chamber Whereas, Edward Thomas Warner has f of Commerce, New Bern Jaycees, Craven County Committee of 100; and as chairman of demonstrated a commitment to meet chal- A PROCLAMATION RECOGNIZING the Salvation Army Craven County Board, lenges with enthusiasm, confidence and out- THE OHIO COLLEGE REPUBLICAN Craven County March of Dimes, Craven standing service; and FEDERATION County Heart Fund, Craven County Cancer Whereas, Edward Thomas Warner must be Drive, Craven County Committee of 100, and commended for the hard work and dedication HON. ROBERT W. NEY Salvation Army Building Fund Drive. He is a he put forth in earning the Eagle Scout Award; OF OHIO member of the North Carolina Fire & Rescue Therefore, I join with Troop 212, the resi- IN THE HOUSE OF REPRESENTATIVES Commission and is the facilitator for the Wake dents of New Lexington, and the entire 18th County Fire Commission. He also is chairman Congressional District in congratulating Ed- Tuesday, September 9, 2003 of the North Carolina Safety Workers Com- ward Thomas Warner as he receives the Mr. NEY. Mr. Speaker: pensation Fund. Eagle Scout Award.

VerDate jul 14 2003 05:39 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A09SE8.005 E09PT1 September 9, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1735 TRIBUTE TO THE STUDENTS AND city one of his top priorities. Despite a lack of HONORING EBRI’S 25TH STAFF OF THE YOUTH ACTION cooperation from the Postal Service and the ANNIVERSARY YOUTHBUILD PROGRAM Postmaster General, Stephen Horn refused to take no for an answer and succeeded in get- HON. BENJAMIN L. CARDIN HON. JAMES T. WALSH ting Signal Hill its own ZIP code in January OF MARYLAND OF NEW YORK 2002. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES I am honored to have worked with Stephen Tuesday, September 9, 2003 Tuesday, September 9, 2003 in Congress and to have had the opportunity to bear witness to his drive, dedication and Mr. CARDIN. Mr. Speaker, I rise to con- Mr. WALSH. Mr. Speaker, as our country devotion to his home State and his constitu- gratulate the Employee Benefit Research Insti- approaches the second anniversary of 9/11, I ency. tute on its twenty-fifth anniversary. Since com- rise today to honor the students of the Youth Mr. Speaker, I stand with my colleagues in ing to Congress, one of my ongoing legislative Action YouthBuild program from New York support of this resolution and appreciate the priorities has been to ensure that America’s City, New York. On the day after this horrific opportunity to express my thoughts and grati- workers will enjoy retirement security when act of terror, this group showed dedication, tude for Stephen Horn. they end their careers. When I think of those character, and courage in a time of national who have helped educate me and my col- crisis in the United States and for that, they leagues—and the public—about the issues f deserve our recognition and thanks. and challenges facing workers, the Employee On September 12, 2001—one day after the TRANSPORTATION, TREASURY, Benefit Research Institute is high on the list. tragic events of September 11th—the city of AND INDEPENDENT AGENCIES Indeed, without their high quality research and New York called for the assistance with recov- APPROPRIATIONS ACT, 2004 analysis, few would fully comprehend the ery and cleanup. More than sixty-five problems we face and the viable options for YouthBuild students and staff organized them- SPEECH OF solving them. selves to respond to that call. Without regard EBRI has provided this service for a quarter for their own personal safety, the students HON. THOMAS E. PETRI century, and it has established an impressive marched themselves downtown to see how OF WISCONSIN track record on issues ranging from Social Se- they could help. YouthBuild was among the curity to health benefits, as well as a panoply IN THE HOUSE OF REPRESENTATIVES first organizations to act in response, as most of private pension issues. EBRI’s data is reli- of the nation still sat in stunned silence. Thursday, September 4, 2003 able and its analyses helpful. Their reports are The remarkable students and staff of uniquely useful because rather than rec- YouthBuild selflessly donated themselves to The House in Committee of the Whole ommend approaches, EBRI simply lays out House on the State of the Union had under the 9/11 cause for more than a month—volun- consideration the bill (H.R. 2989) making ap- the options for policymakers. teering their labor and helping to raise money propriations for the Departments of Trans- In today’s often partisan atmosphere, for the cause. The generosity shown by these portation and Treasury, and independent EBRI’s focus on the facts is particularly wel- young people was both magnificent and ex- agencies for the fiscal year ending Sep- come. By doing so, they often provide com- hilarating. Thank you, YouthBuild students and tember 30, 2004, and for other purposes: mon ground where those with differing ideo- staff, for your contributions to America in her Mr. PETRI. Mr. Chairman, I ask that a letter logical stances can reach compromise. I hope hour of need. from the National Association of State Park Di- my colleagues will join me in congratulating f rectors in support of my amendment to H.R. EBRI on its 25 years of service, and I look for- 2989 regarding the transportation enhance- ward to relying on its counsel in the years to J. STEPHEN HORN POST OFFICE come. BUILDING ments program (voted on September 4, 2003) be included in the RECORD. f SPEECH OF NATIONAL ASSOCIATION TRIBUTE TO MS. CECILE DICKEY OF STATE PARK DIRECTORS, HON. HOWARD P. ‘‘BUCK’’ McKEON September 4, 2003. OF CALIFORNIA DEAR CONGRESSMAN PETRI: The National HON. BILL PASCRELL, JR. IN THE HOUSE OF REPRESENTATIVES Association of State Part Directors (NASPD) OF NEW JERSEY Wednesday, September 3, 2003 is the organization that comprises the lead- IN THE HOUSE OF REPRESENTATIVES ership of the State Park Systems in all fifty Mr. MCKEON. Mr. Speaker, I rise today in (50) States. We are writing to support your Tuesday, September 9, 2003 strong support of H.R. 2309, designating the amendment to strike section 114 from the Mr. PASCRELL. Mr. Speaker, I would like to J. Stephen Horn Post Office Building in Signal 2004 Transportation Appropriations Bill, call your attention to the life and work of an Hill, California. I cannot think of a better tribute H.R. 2989. outstanding individual who I feel fortunate to to our former colleague and my friend for his Transportation Enhancements (TE’s) help call my friend, Ms. Cecile Dickey. She was dedication and commitment to his community to provide environmentally sustainable in- recognized on Tuesday, September 9, 2003, and his country. frastructure and fund critically important for her 28 years of unwavering dedication and and popular projects in all jurisdictions rep- As my colleagues will agree, former Rep- resented by NASPD. TE’s help to enhance service to the Head Start Program in my resentative Stephen Horn served the people of the street-scapes of communities throughout hometown of Paterson, New Jersey. his district as one of the hardest-working the Nation and to provide pedestrian and bi- During her long and distinguished career as Members during his ten years in Congress. He cycle connections for both transportation the Executive Director of Concerned Parents played a key role in obtaining funds for the Al- and recreational purposes, thereby, reducing for Head Start, Ms. Dickey has maintained re- ameda Corridor, the underground rail and congestion, protecting air quality, enhancing sponsibility for the overall administration and freeway connection from the port to the main- public health through exercise and improv- operation of a program that includes Early east-west links, and secured $25 million in ing the quality of life for millions of Ameri- Head Start, teenage student mothers, and an cans. 2000 to clean up contamination of the under- adult education program for welfare recipients As stewards of the State Park Systems Na- ground water supply that extends to South tionwide, we can attest to the popularity of that prepares its students for gainful employ- Bay. the projects funded by TE’s and utilized by ment. It is only fitting that Cecile Dickey be Mr. Horn’s former constituents may remem- so many of our patrons, constituents of all honored for her commitment to improving the ber him most for securing a single ZIP code members of Congress. While section 114 of quality of life in Paterson through education in for the City of Signal Hill, California. Often the bill would still allow States to use high- this, the permanent record of the greatest considered a part of Long Beach, California, way funds for Enhancement projects, in our freely elected body on earth. residents of Signal Hill were neglected by the opinion, this provision would threaten the Cecile Dickey began her career with Head Postal Service. For years, the city and its integrity of the program and we applaud Start in the summer of 1965 when, after reg- your efforts to remove it from the final leg- 9000 residents had higher insurance rates, islation. We urge all members of Congress to istering her son in Project Head Start, she vol- misreported sales taxes and misapplied utility support your amendment. unteered her services as a Parent/Volunteer. taxes by long distance companies. Upon his Sincerely, Over the next 7 years, Cecile, progressed election to Congress in 1992, Congressman PHIL MCKNELLY, from volunteer to assistant teacher to teacher Horn made acquiring a single ZIP code for the President. and, in 1973, she was named the Director of

VerDate jul 14 2003 05:39 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A09SE8.011 E09PT1 E1736 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 2003 Concerned Parents for Head Start. Under Ms. the Year by the Deer Park Chamber of Com- the Indian Craft Shop offers quality artwork to Dickey’s dedicated leadership, Head Start has merce. the novice as well as the skilled collector. grown to accommodate over 700 pre-school BP Solvay Polyethylene North America American Indian art combines age-old tradi- aged children in six locations throughout manufactures high density polyethylene plastic tion, innovation and talent that results in a Paterson. in the shape of small round pellets which are wide variety of art for all levels of collecting, ir- As the Executive Director of Head Start, used to make a wide range of consumer and respective of whether you are beginning with Cecile soon recognized the need to remain industrial products, including milk bottles, gas a first time purchase or have been collecting knowledgeable about the newest trends in tanks, children’s play toys, plastic bags and for years. Craft areas represented in the shop childhood education in order to ensure the liners. The company’s world class business include pottery, jewelry, quill and beadwork, quality education that her students deserved. processes have distinguished BP Solvay Poly- kachinas, sculpture, weavings, basketry, Deciding to return to college, Ms. Dickey ethylene North America’s employees as num- sandpainting, fetish carvings, Alaskan crafts/ earned degrees in Early Childhood and Spe- ber one in customer satisfaction (out of 675 carvings and many other craft items. cial Education from William Paterson Univer- resin buyers) for the fourth time per Mastio Through its tireless efforts, the Indian Craft sity and in Public Policy and Urban Education and Company, a well-recognized survey com- Shop has successfully built a widespread ap- from St. Peter’s College in Jersey City. In pany. preciation for the skill and time involved in the 1989, she accepted a lectureship in the Public At the core of BP Solvay Polyethylene North crafts and the continuation of artistry through Policy Department at St. Peter’s College America’s values lies a commitment to safe today’s generation. Without a doubt the shop where she spent the next 7 years sharing her operations, preserving the environment, and will continue to play a large role in expressing enthusiasm and expertise with her college- protecting the health and welfare of employ- the livelihood of American Indian artisans and aged students while continuing her duties as ees and neighbors. To accomplish this, the in the preservation of this country’s only indig- the Executive Director of Concerned Parents company employs highly skilled, trained, and enous art. Therefore, on this day, I ask my for Head Start. motivated individuals. colleagues to join me in honoring the 65th an- In many ways, Cecile Dickey’s commitment The company’s goal is for Deer Park citi- niversary of The Indian Craft Shop. to the young children of Paterson has ex- zens to feel that the community is a better f tended beyond the classroom walls. She was place because of their neighbor, BP Solvays TRIBUTE TO JOHN D. LAVELLE instrumental in enacting the New Jersey Anti- Polyethylene North America. Through the Lead Bill, and has served on several Edu- years, the site has worked closely with the cational Task Forces for former Governor Deer Park Chamber of Commerce and numer- HON. MICHAEL G. OXLEY Thomas H. Kean. She was the founding presi- ous other local organizations. The company OF OHIO dent of the New Jersey Head Start Associa- supports the Deer Park Independent School IN THE HOUSE OF REPRESENTATIVES tion and a former Vice President of Region II District on activities ranging from involvement Tuesday, September 9, 2003 and financial support of the high school’s hon- (New York, New Jersey, and Puerto Rico) of Mr. OXLEY. Mr. Speaker, I rise today to ors recognition banquet, fire prevention safety the National Head Start Association. Ms. honor the late General John D. Lavelle, who for students, to sponsorship of an annual art Dickey currently serves on the board of the was born on this day in 1916. Second Baptist Church Community Develop- and essay scholarship program. Through the A proud son of Ohio, Jack Lavelle was born ment Corporation in Paterson, and heads a years, the company’s employees have particu- and raised in Cleveland and graduated from Not-For-Profit Housing Corporation which has larly enjoyed working with partner school Deer John Carroll University in 1938. On the eve of completed and sold 47 townhouses in the City Park Junior High on student plant tours, cam- war, he enlisted in the Army Air Corps and of Paterson. She was recently appointed to pus fix-up and environmental projects, and was commissioned as a second lieutenant in the Board of Trustees of St. Joseph’s Hospital. traveling plastic science shows for classrooms. June 1940. During World War II, he flew com- Cecile Dickey’s exemplary service to the Besides education, BP Solvay Polyethylene bat missions in the European Theater, where City of Paterson has been recognized both lo- North America supports numerous civic initia- he served with the 412th Fighter Squadron. cally and nationally. She is the recipient of the tives and groups. The company’s volunteer Following the war, Jack Lavelle was as- Ann Phipps Memorial Award—the highest team, named the Community Activities Team, signed to Wright Field, Ohio. A career airman, honor in National Head Start Service. In addi- has been active for almost 15 years, guiding his service would span 32 years and include tion, she has received the William Paterson over 3,000 volunteer hours per year. assignments around the globe. He rose to the University President’s Medal, the Passaic f rank of four-star general as commander of the County College Woman of the Year Award, RECOGNITION OF THE 65TH ANNI- U.S. Seventh Air Force in 1971. and the Johnson and Johnson Fellows MIP During his career, Jack Lavelle was award- Award. Yet, despite the many commendations VERSARY OF THE INDIAN CRAFT SHOP ed the Distinguished Service Medal, the Le- and prestigious seats on councils and boards gion of Merit with three oak leaf clusters, the that she has received over the years, her work Air Medal with oak leaf cluster, the Air Force as the executive director of Concerned Par- HON. FRANK PALLONE, JR. Commendation Medal with oak leaf cluster, ents for Head Start has remained Ms. Dickey’s OF NEW JERSEY and the Belgian Fourragere. first love. IN THE HOUSE OF REPRESENTATIVES Jack Lavelle passed away on July 10, 1979. Mr. Speaker, the job of a United States Tuesday, September 9, 2003 He is buried in Arlington National Cemetery. Congressman involves so much that is re- Mr. Speaker, I ask my colleagues to join me Mr. PALLONE. Mr. Speaker, I rise today to warding, yet nothing compares to recognizing in remembrance of this courageous and patri- mark the 65th anniversary of the Indian Craft the efforts of devoted educators and public otic American. Shop at the U.S. Department of the Interior. servants like Ms. Cecile Dickey. I ask that you f join our colleagues, the faculty and students of This shop is one of Washington, D.C.’s most Head Start, Ms. Dickey’s family and friends, remarkable sites for Native American art en- TRIBUTE TO MARK MARTENSEN and myself in recognizing Cecile Dickey for 38 thusiasts. Originally established in order to years of outstanding service to the children of provide an outlet for American Indian artists to HON. DUNCAN HUNTER Paterson. market their work, the Indian Craft Shop has OF CALIFORNIA represented quality and authenticity in Amer- f IN THE HOUSE OF REPRESENTATIVES ican Indian arts and crafts in our nation’s cap- IN RECOGNITION OF BP SOLVAY ital since 1938. Over the years the craft shop Tuesday, September 9, 2003 POLYETHYLENE NORTH AMERICA has developed a national reputation for car- Mr. HUNTER. Mr. Speaker, I rise today to rying a diverse selection of Native American recognize a gifted and talented local artist HON. CHRIS BELL art. from the San Diego area, my friend, Mark OF TEXAS Mr. Speaker, thanks to the efforts of places Martensen. Mark was asked by his hometown IN THE HOUSE OF REPRESENTATIVES like the Indian Craft Shop, American Indian of Chula Vista to create a sculpture that will art, in all forms, has never been more alive be displayed outside the city’s new fire station Tuesday, September 9, 2003 and dynamic. Today, Native American art con- in Otay Ranch. Mark’s piece, as yet unnamed, Mr. BELL. Mr. Speaker, I rise to honor BP tinues to be one of the most gratifying and ex- will be unveiled on September 11, 2003, serv- Solvay Polyethylene North America on the oc- citing forms of art to collect. With over 45 Na- ing as a lasting memorial to the brave fire- casion of being named the 2003 Industry of tive American tribal groups’ artwork on display, fighters who risk their lives to protect ours.

VerDate jul 14 2003 05:39 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A09SE8.017 E09PT1 September 9, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1737 Born and raised in Chula Vista, Mark has was a featured columnist for the Salinas These facilities are eloquent testimonies to been making a living selling his western art for based Californian newspaper, in which she fo- Mr. Clark’s mission to provide a single high 20 years. Described as his generation’s Olaf cused on parenting issues and community standard of medical care to all people. This Wieghorst, San Diego’s most recognized west- service. sterling commitment has raised the bar of ern artist, Mark is represented in art galleries Mr. Speaker, I applaud Maria Torres-Gil’s quality healthcare for the vibrant community of all over California, Arizona, New Mexico and achievements and accomplishments. She has Miami-Dade County, which uniquely symbol- Indiana. demonstrated outstanding dedication to her izes a virtual mosaic of immigrants rep- A few years ago, Mark presented the Com- community and family. Maria has made a last- resenting virtually every country of the world. mandant of the U.S. Marine Corps, General ing impact on our community and the people It is his vision that spearheaded the intro- Charles Krulak, with a bronze sculpture he with whom she worked. I join the County of duction of the Jackson Health System cor- created of Lt. Gen. Chesty Puller, a hero and Monterey, and friends and family in honoring porate identity in the Spring of 2000, which led legend to all Marines. General Krulak was this truly commendable woman and all of her to the creation of a network of some 12 pri- deeply impressed with Mark’s work and clearly lifelong achievements. mary care centers across the county. The role moved. Just as impressed was President f he played in developing.our excellent health- Bush when, earlier this year, Mark and I went care system evokes a unique passion that led to the White House to give the President a TRIBUTE TO MR. IRA CLARK: A to our community’s ability to receive the rec- bronze he created titled ‘‘Texas Skip.’’ DEDICATED PUBLIC SERVANT ognition of its strength amidst its diversity, and As plans for the new fire station were final- help the less fortunate In their quest for quality ized, it was determined that the facility must HON. KENDRICK B. MEEK medical care and treatment. include some type of public art. Mark was a OF FLORIDA Indeed, it is an honor to have the privilege natural choice, and he has not disappointed. IN THE HOUSE OF REPRESENTATIVES of the friendship of Mr. Ira Clark, a caring pub- His first life-size sculpture, weighing 700 Tuesday, September 9, 2003 lic servant par excellence. The tribute he will pounds and depicting a veteran firefighter with receive on Friday is genuinely deserved. I sa- his hand on the shoulder of a kneeling rookie, Mr. MEEK of Florida. Mr. Speaker, I rise to lute him on behalf of a grateful community that required 15–hour work days for three months. pay tribute to one of our community’s most re- he truly loved and cared for so deeply. markable public servants, Mr. Ira Clark, former The piece will stand on a pedestal in front of f the firehouse with water falling from the fire- President of our County Public Health Trust man’s hose. and Chief Executive Officer of Miami-Jackson THE TIES THAT BIND In 1985, President Reagan told recipients of Health System. His friends and supporters will the National Medal of Arts that, ‘‘Where honor him this Friday, September 12, 2003 at HON. CHRISTOPHER SHAYS there’s liberty, art succeeds.’’ This couldn’t be a special benefit dinner at the Hotel Interconti- OF CONNECTICUT more true. Generations of San Diegans will nental in Miami. IN THE HOUSE OF REPRESENTATIVES have the opportunity to admire Mark’s work This event will recognize Mr. Clark for 16 Tuesday, September 9, 2003 and reflect both upon the sacrifices and the years of exceptional service to the residents of Mr. SHAYS. Mr. Speaker, I wish to submit privilege of living in our great nation. Thank our community, particularly the countless for the RECORD a speech delivered by Ambas- you Mark for using your talents to remind us indigents and immigrants. Having dedicated sador Joseph Verner Reed, Under Secretary about what is important. the longevity of his stewardship over our coun- ty Jackson Memorial Hospital, he has been re- General of the United Nations and a distin- f lentless in his development of innovative guished resident of Greenwich, Connecticut. IN HONOR OF MARIA TORRES-GIL healthcare service programs that now respond Ambassador Reed’s remarks were made at a to the crying needs of our community. His was ceremony at the Greenwich Town Hall com- HON. SAM FARR indeed a mission of genuine love and utmost memorating Bastille Day on July 14, 2003. THE TIES THAT BIND OF CALIFORNIA commitment that maximized thorough under- Citizens of the Town of Greenwich and the IN THE HOUSE OF REPRESENTATIVES standing and common-sense compassion for many destitute families who lack the basic fi- French Community of our Town are thankful Tuesday, September 9, 2003 nancial wherewithal to have a loved one ac- to be commemorating a date that is both sig- Mr. FARR. Mr. Speaker, I rise today in cess quality medical care and treatment in a nificant and symbolic in the shaping of our two countries. honor of Maria Torres-Gil on the occasion of modern urban hospital setting. Allow me to paraphrase a few words spo- her 80th birthday. She is a life-long resident of Under his leadership many lives have been ken by President George W. Bush on May 30, Monterey County and has dedicated herself to saved and many more families have been ren- 2003, during an interview with a French jour- working in and giving back to her community. dered whole because of his dedication to pro- nalist. France and the United States share Maria Torres-Gi1 was born in Los Angeles; viding accessibility to affordable quality the same objectives on all vital subjects. Re- the daughter of two Mexican emigrates who healthcare services. One of the most impres- garding security in our democracies, peace had come to California in the aftermath of the sive achievements under his watch was the in the world and international commerce, we are largely in agreement. President Bush Mexican Revolution. Like many other Ameri- acquisition of a predictable source of recurrent was echoing those famous words from Presi- cans during the Great Depression, Maria’s funding when the residents of Miami-Dade dent Franklin D. Roosevelt: ‘‘no two nations family worked as itinerant farmers throughout County voted in 1991 to have an extra half- are more closely bound by the ties of history the San Joaquin Valley before settling in penny sales tax to fund Jackson Memorial and mutual friendship than the people of Castroville in the early 1930s. She married Hospital. An essential component of this se- France and that of the United States of Rafael Torres-Gil in 1947, but when he curely funded system was his ability to create America.’’ passed away at a young age, she had to raise a partnership with the University of Miami On July 4, 2003 citizens of France deposited their nine children on her own. Although she School of Medicine, which now provides the a red rose on each of the 60,511 graves in honor of the American soldiers buried in was only able to attend school through the expertise of this medical center to spread eleven cemeteries, who died in France during sixth grade, all of her children went on to col- worldwide in specialties like trauma care, World War I and II for the preservation of lege and successful careers. organ transplant, spinal cord injury, pediatrics, French freedom. Despite these hardships, Maria remained high-risk obstetrics and a host of quality We celebrate the sovereignty and dignity active in her community. She organized the healthcare innovations. of our two nations with our respective na- first advisory committee for the Monterey Other highlights of his tenure contributed to tional anthems. County Housing authority, developed a school the decompression of the county hospital facil- THE STAR-SPANGLED BANNER bus program for the children living in housing ity through the creation of the Jackson North Oh, say, can you see, by the dawn’s early projects who lacked transportation to school, Maternity Center, the Taylor Breast Health light, and also served as a vocal advocate for fami- Center, the Diagnostic Treatment Center, the What so proudly we hailed at the twilight’s lies in the housing project. In addition to work- state of the art Ryder Trauma Center and the last gleaming? Whose broad stripes and bright stars, ing on local issues, Maria volunteered to serve recent opening of Jackson South Community through the perilous fight, as a translator for the Monterey County De- Hospital to benefit the residents living in the O’er the ramparts we watched, were so gal- partment of Social Services. She was hired as South Dade area. The event this Friday will lantly streaming? an eligibility worker and served with the De- raise funds to help build a state-of-the-art Re- And the rockets’ red glare, the bombs burst- partment for many years. After retiring she habilitation Facility at this premiere hospital. ing in air,

VerDate jul 14 2003 05:39 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A09SE8.021 E09PT1 E1738 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 2003 Gave proof thru the night that our flag was velopment of the City of Wilmington. He was And this should not be reserved for mili- still there. also Chair of the Delaware State Chamber of tary personnel such as former prisoner of Oh, say, does that Star-Spangled Banner yet Commerce, the United Negro College Fund war Pfc. Jessica Lynch who because of her high-profile situation was given all the med- wave Delaware Campaign, the Capital Campaign for O’er the land of the free and the home of the ical care anyone could use. And we don’t brave. the Chesapeake Bay Girl Scouts Council, and need a double standard for enlisted personnel LA MARSEILLAISE the Walnut Street YMCA in Wilmington, or officers either. All who serve are human among many others. beings, individuals created equal in God’s Allons enfants de la Patrie Jim also gave back greatly to the legal pro- sight and deserving the same medical care Le jour de gloire est arrive´! for their wounds or injuries. Contre nous de la tyrannie fession as a member of the American Bar L’e´tendard sanglant est leve´! (bis) Foundation, as Chair of the Governor’s Judi- Army Sgt. Vannessa Tuner, a six-year Entendez-vous dans les campagnes cial Nominating Commission in Delaware, and Army veteran who survived a still-unknown Mugir ces fe´roces soldats? as Secretary of the Board of Bar Examiners illness doctors feared would kill her, is find- Ils viennent jusque dans nos bras for Delaware. ing it even tougher after a military flight Egorger nos fils et nos compagnes. Jim received many awards that further point brought her to her mother’s home in Bos- Aux annes, citoyens, formez os bataillons! to his commitment to a life of service to his ton’s Roxbury neighborhood last month. She Marchons! Marchons! community. He was awarded the Helping had experienced hospital stays in Germany and Washington, D.C. Qu’un sang impur abreuve nos sillons! Hand Award by the Delaware Chapter of the In a similar spirit, before the flags of our NAACP for his efforts to promote diversity in Despite severe nerve damage in her right two nations are raised, let us observe a the legal community, as well as the Wil- leg, she was told it would be mid-October be- minute of silence in memory of all those who fore a doctor at the local Veterans Affairs made the ultimate sacrifice in support of mington Branch NAACP Award for Advocacy hospital could see her. in the Education and Civil Rights Arena for freedom and democracy wherever they may She sought help from Sen. Edward M. Ken- have been. Over 25 Years. Jim was also named Out- nedy, D–Mass., and eventually got an ap- Historically, both diplomatically and ar- standing Young Man of the year by the Wil- pointment scheduled this week but the expe- tistically, the United States and France have mington and Delaware Jaycees and received rience has been frustrating. been bound. From colonialism and nascent the National Conference for Community and Veterans advocates said Turner’s frustra- nation status, through peace and conflict, Justice/Delaware Region Brotherhood-Sister- this tandem of nations has relied on one an- tion is not unusual. More than 100,000 vet- other even during the times where they may hood Award for Leadership and Service to- erans are waiting six months or more for not have been on the same page. Our Nations ward building a just and inclusive community. their initial visit with a VA doctor or to see have formed an inextricable bond of liberty, I rise today to praise and honor James H. a specialist, the Veterans’ Administration full of the implications that such a condition Gilliam Jr. for his contributions to the State of acknowledges. would warrant: strength, determination and Delaware and its citizens. His achievements Our nation ignored the complaints of solidarity. My hope is to return to full and speak to the immense mark he has left on the health damage from Agent Orange in the fruitful mutual respect. community. His peers have described him as Vietnam War for a couple of decades and we f a great leader, a ‘‘giant’’ of the community, his waited almost a decade after Gulf War I to acknowledge there might be something to IN MEMORY OF JAMES H. friends speak of his loyalty, and his daughters the many health complaints resulting from GILLIAM, JR. speak of his encouragement and unconditional that war. love. Delaware will remember James H. There might be some excuse for those Gilliam Jr. for his great leadership and con- delays of what seemed to be unusual ill- HON. MICHAEL N. CASTLE stant striving to do more for more people. OF DELAWARE nesses. However, the majority of individuals f IN THE HOUSE OF REPRESENTATIVES who have served in the armed forces are not CARE FOR VETERANS OR TAKE deadbeats looking for a handout in the form Tuesday, September 9, 2003 of health care. They have illnesses. They THEIR PLACE Mr. CASTLE. Mr. Speaker, it is with great have wounds. honor that I rise to pay tribute to James H. Many have delayed their civilian careers in Gilliam Jr. who passed away suddenly last HON. JOHN J. DUNCAN, JR. order to serve our nation. They have post- OF TENNESSEE poned their education and preparing for their week at the age of 58 after decades of out- IN THE HOUSE OF REPRESENTATIVES standing service to the State of Delaware. Jim profession because they felt obligated to de- Tuesday, September 9, 2003 fend our nation and the freedoms that all of was a loving father, husband, and son, as well us treasure. as a corporate attorney and investor, civic and Mr. DUNCAN. Mr. Speaker, one of my lead- business leader, philanthropist, and the first ing constituents, former Blount County Execu- If you have not put your life on the line in tive Bob Davis, recently sent me an editorial behalf of your country, it is difficult to fully black Cabinet secretary in Delaware’s history. appreciate the awesome responsibility that The numerous accomplishments, recognitions, from the Daily Times of Blount County, Ten- it is for both you as an individual and your and admiration Jim has had in his lifetime are nessee. family members. American lives are not truly remarkable. This editorial concerns the medical treat- trash to be thrown away and should not be Until 1998 Jim was the Executive Vice ment given to our Nation’s veterans who are considered as such. President and General Counsel of Beneficial not high profile celebrities. Some of our members of Congress, such as Corporation and a member of the Executive This editorial expresses my views 100 per- Rep. John J. ‘‘Jimmy’’ Duncan, have worked Committee and the Board of Directors of Ben- cent. to help veterans and succeeded in getting a Another Daily Times editorial concerning eficial, as well as Chairman of its commercial new hospital to be built in this area. How- Free Trade and Fair Trade also expresses my banking subsidiary, Beneficial National Bank. ever, many of these veterans could be treat- views. I am sick and tired of seeing so many Before joining Beneficial in 1979, Jim served ed by doctors as outpatients while living at American jobs go to other countries. home if there were an adequate number of as Secretary of Community Affairs and Eco- We need to start putting our own citizens doctors. nomic Development in the Cabinet of Gov- first once again or we are going to have some It is time members of both the House and ernor Pete du Pont. Prior to that post he was real problems in this Nation. Senate decide to provide reasonable medical an attorney with the law firms of Richards, I want to commend the outstanding Editor of care for members of the armed forces injured Layton & Finger in Wilmington, Delaware and the Daily Times, Dean Stone, for these patri- or wounded while on duty or let all of our Paul, Weiss, Rifkind, Wharton & Garrison in otic, common-sense, well-written editorials and people in service return to civilian life. New York City. A graduate of Morgan State would like to call them to the attention of my But don’t count on getting enough volun- University, Columbia University School of Law, colleagues and other readers of the RECORD. teers to replace even a company of them and the Advanced Management Program of TIME FOR CONGRESS TO CARE FOR VETERANS from the House or Senate. Too many of these the Wharton School of the University of Penn- OR TAKE THEIR PLACE! folks are to busy running for the next higher sylvania, Jim also received Honorary Doctor of If our nation expects its healthy citizens in office, better paying job or feathering their Laws degrees from Morgan State University military service to serve and fight on the nest to see that veterans receive adequate health care. and Delaware State University. missions on which they are sent around the Serving as a board member and trustee for world, it is high time we decide to support these veterans who serve. WE NEED TO FORGET ‘‘FREE’’ TRADE, MOVE numerous corporations and foundations, Jim There may be some question about pro- TOWARD ‘‘FAIR’’ TRADE was a board member of the Delaware Com- viding health care for health problems that munity Foundation, a Trustee of Christiana are not service related but the least we can Jobs are going . . . going . . . gone—almost Care Corporation, and Founding Chairman of do is provide prompt and adequate care for like the chant of a tobacco auctioneer except Wilmington 2000, established to assist in rede- wounds and injuries received on active duty. it has a much more devastating effect.

VerDate jul 14 2003 05:39 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A09SE8.024 E09PT1 September 9, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1739 From January to June this year the unem- to needy nations. That doesn’t mean money and baseball. All four of these great athletes ployment in Tennessee rose from 5.4 percent to provide arms for Israel or its opponents from Northwest Indiana became leaders for to 5.6 percent. That is a loss of 10,900 jobs. but perhaps food to the starving. the Alliance team by averaging 12 to 15 points This has occurred despite the 4,000 new jobs Textiles are having the most tribulations, jobwise. The U.S. lost 8.,00 textile jobs in each per game. that have occurred since Gov. Phil Bredesen Mr. Nate Triezenberg, a resident of High- took office. Of course, some of these new jobs July. And that doesn’t count the 7,600 likely were the result of the administration of Gov. to be lost by the July 30 bankruptcy of land, is a freshman at Illiana Christian High Don Sundquist. Pillowtex Corp., a 106-year-old textile manu- School, and is recognized by his teammates Tennessee Commissioner of the Depart- facturer. for his positive attitude and strong will. Mr. ment of Economic and Community Develop- Since April, the United States has lost Nick Ullman just completed his freshman year ment Matt Kisber said that economic devel- 26,000 jobs in textiles and 21,000 jobs in ap- at Andrean High School in Merrillville last opment has continued as a seamless transi- parel. spring, and is now a sophomore at Crown tion between the two administrations. That Next year’s deadline is the end of a decade- Point High School. Another Alliance member long phase-out for quotas used by the United included landing the $124 million Toyota that plays many different sports at his high plant at Jackson. States and other wealthy countries to limit Unemployment in Blount County and Ten- imports from developing countries. That is school is Mr. Derek Moser, who plays football, nessee has remained below the national aver- expected to accelerate China’s growing mar- basketball, and baseball for Highland High age. But still many local families tell of ket dominance. The American Textile Manu- School. their sons and daughters with 20 years se- facturers Institute predicts that 630,000 jobs The remaining two members of the North- niority losing their jobs in other states as in textiles, apparel and related industries west Indiana Alliance are Mr. Mike Bizoukas major corporations moves their manufac- could be lost by 2006. The impact could be and Mr. Nick Stolarz from Munster High turing plants to Mexico or China. felt as early as next spring as material or- School. Mike recently completed his 8th grade We need to tell you that we do not think ders are placed. year at Wilbur Wright Middle School, and is North Carolina would be the biggest loser the problem with the economy is the fault of now a freshman at Munster High School. Nick, action or inaction by any administration, with about 85,000 more losing their lobs in state or national. the next three years. That is two out of as a freshman, played on the Junior Varsity We think the whole problem with the econ- every three jobs remaining in this field. team, and is now a sophomore at Munster omy lies with the nation’s free trade—global South Carolina would have 42,000 layoffs. High School. economy—approach approved by Congress. Quotas slow the drain of U.S. jobs but are Mr. Speaker, I ask that you and my other And we have to tell you that we have sup- estimated to cost an average family of four distinguished colleagues join me in congratu- ported the free trade policy. It sounds good $300 to $750 a year more for clothes. That is lating the Northwest Indiana Alliance Basket- on paper but it doesn’t work for several rea- a small price to pay for a job though. ball Team for their outstanding championship sons. Of course, developing nations have some- victory at the United States Specialty Sports We were wrong! thing to say about this too. Many of them It is time for the United States to abandon have tariffs on industrial goods which they Association Nationals. Their hard work and a free trade policy and adopt a fair trade pol- must import from richer nations. dedication is worthy of the highest commenda- icy. Hopefully, we as a nation could be smarter tion. In a free trade policy, the nations remove at the bargaining table in adjusting quotas f tariffs that protect manufacturing busi- and tariffs in a fair trade market. It appears nesses in our country. to us that if we lose the majority of our SIKHS PROTEST ON INDIAN INDE- A fair trade policy would permit tariffs manufacturing jobs there will not be any- PENDENCE DAY, DEMAND FREE- that would result in selling goods for prices thing left to negotiate! DOM that would be fair considering the dif- f ferences in the manufacturing costs—things such as wages, working conditions and mate- NORTHWEST INDIANA ALLIANCE HON. EDOLPHUS TOWNS rials. BASKETBALL TEAM OF NEW YORK National governments have the authority IN THE HOUSE OF REPRESENTATIVES to set tariffs and quota unless they agree not Tuesday, September 9, 2003 to do so. HON. PETER J. VISCLOSKY Of course, what has happened is that many OF INDIANA Mr. TOWNS. Mr. Speaker, while we were in major U.S. companies have moved their IN THE HOUSE OF REPRESENTATIVES recess, India celebrated its Independence Day manufacturing operations to China, or are in on August 15. I join my colleagues in con- Tuesday, September 9, 2003 the process of doing so, to take advantage of gratulating India on 56 years of independence, the lower wages. That permits them to make Mr. VISCLOSKY. Mr. Speaker, it is with but what is India really celebrating? bigger profit. great pleasure that I congratulate and recog- Indian Independence Day is certainly not a If they were to pay that profit to stock- nize the Northwest Indiana Alliance Basketball celebration for the minorities living under the holders that would be fine, the stock market Team on winning the national title for the 9th boot of Indian repression. Is missionary would rebound strongly and help a lot of peo- ple, especially those with 401–Ks and IRAs, grade category at the United States Specialty Graham Staines, who was burned to death but that is not going to happen. They will Sports Association Nationals in Fort Wayne, along with his two young sons while they slept continue to waste much of it on overpaid, Indiana on August 3, 2003. The tournament in their jeep, celebrating? Is human-rights ac- greedy executives. Most items can be manu- began on July 30, 2003 and ended with the tivist Jaswant Singh Khalra, who was mur- factured for far less in countries where there Alliance’s outstanding victory against the Illi- dered in police custody after exposing the In- are no labor standards and the pay scale is nois Wildcats on August 3rd. dian government’s policy of mass cremations, very low. The Northwest Indiana Alliance is made up celebrating? Is Gurdev Singh Kaunke, who We will probably pay the same price for of seven high school sophomores and two the manufactured items but we will not have was murdered by the Indian police official the jobs that will enable our people to pur- freshmen from across Northwest Indiana, Swaran Singh Ghotna, celebrating? What chase the items. along with their coach Mr. Jim Van Weelden. about the priests who have been murdered, Today, Americans are having to train some With their collaborated efforts, they achieved the nuns who have been raped, the Christians of their replacements in countries such as victories over other teams from Illinois, Michi- whose peaceful religious festival was broken China and India, individuals who will do gan, Ohio. and other states across the nation. up by police gunfire, or American missionary their job when the companies move overseas. With an outstanding record throughout multiple Joseph Cooper, who was thrown out of the Think about it! tournaments, the Alliance completed their country after being beaten so severely by Our nation cannot maintain its standard of living with all of the manufacturing jobs highly successful season with 34 victories and Hindu nationalists that he had to spend a going overseas. 17 losses, 16 of those by ten points or less. week in a hospital? Do you think they are If allowed to continue unabated, the free Mr. Aric Van Weelden, a sophomore at celebrating Indian Independence Day? I seri- trade market would result in our nation Munster High School, has been a member of ously doubt it, Mr. Speaker. sharing its wealth with poor nations. In the Junior Varsity team for Munster since his India is a multinational state like the old other words, our standard of living will be freshman year. Two other Alliance members, Austro-Hungarian Empire or the Soviet Union. greatly reduced. Mr. Scott Rutkowski and Mr. Jeff Marinier, The record of history is that countries like that The difference between most rich and poor were also members of the Munster High don’t last. Eventually, they all break up. That nations is farm subsidies and import duties, a form of tariff. School Junior Varsity Basketball Team as makes India’s 56 years of independence all It seems to us that it would be far better freshmen. Mr. Andrew Helmer, from Highland the more remarkable, and perhaps it explains to maintain our standard of living and as a High School, plays three different sports for why India has to try to keep the country to- nation and provide more foreign aid support his high school including football, basketball, gether by force.

VerDate jul 14 2003 05:39 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A09SE8.029 E09PT1 E1740 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 2003 This effort has claimed the lives of over a the release of over 52,000 Sikh political pris- Against State Repression (MASR), 52,268 quarter of a million Sikhs, over 200,000 Chris- oners in India as well as thousands of Chris- Sikhs are being held as political prisoners in tians in Nagaland, more than 85,000 Kashmiri tian, Muslim, and other political prisoners, India without charge or trial. Some have denouncing India for its violent repression of been in illegal custody since 1984! Muslims as well as thousands of Muslims in minorities, pointing out India’s long history Missionary Graham Staines was murdered Gujarat and other places around the country, of anti-Americanism. and demanding free- along with his two sons, ages 8 and 10, by a and tens of thousands of Assamese, Bodos, dom for Khalistan. Khalistan is the inde- mob of militant, fundamentalist Hindu na- Dalits, Manipuris, Tamils, and so many others. pendent Sikh homeland declared on October tionalists who set fire to the jeep, sur- According to the Movement Against State Re- 7, 1987. It has been under Indian occupation rounded it, and chanted ‘‘Victory to pression, India admitted to holding more than since then. When India became independent, Hannuman,’’ a Hindu god. None of the people 52,000 Sikhs as political prisoners under Sikhs were equal partners in the transfer of involved has been tried. The persons who TADA, a repressive law that expired in 1995. power and were to receive their own state, have murdered priests, raped nuns, and but the weak and ignorant Sikh leaders of Some of these Sikhs have been in custody for burned Christian churches have not been the time were tricked into staying with charged or tried. The murderers of 2,000 to almost 20 years without charge or trial. Even India on the promise that they would have 5,000 Muslims in Gujarat last year have a Sikh Member of Parliament has recently had ‘‘the glow of freedom’’ and no law affecting never been brought to trial. An Indian news- TADA charges brought to court against him. the Sikhs would pass without their consent. paper reported that the police were ordered Amnesty International notes that tens of thou- Sikhs ruled an independent and sovereign to stand aside in that massacre and not to sands of Christians, Muslims, and others are Punjab from 1710 to 1716 and again from 1765 get involved, a frightening parallel to the also being held as political prisoners, Mr. to 1849 and were recognized by most of the Delhi massacre of Sikhs in 1984. Speaker. Do you think they are celebrating In- countries of the world at that time. No Sikh ‘‘Only in a free Khalistan will the Sikh Na- representative has ever signed the Indian tion prosper and get justice,’’ said Dr. dia’s independence? constitution. The Council of Khalistan is the Listen to what a spokesman for the Golden Aulakh. ‘‘India should act like a democracy government pro tempore of Khalistan, the and allow a plebiscite on independence for Temple, Narinder Singh, told National Public Sikh homeland. Khalistan and all the nations of South Radio on the fiftieth anniversary of Indian History shows that multinational states Asia,’’ Dr. Aulakh said. ‘‘We must free independence in 1997: ‘‘The Indian govern- such as India are doomed to failure. Coun- Khalistan now.’’ ment, all the time they boast that they are sec- tries like Austria-Hungary, India’s longtime friend the Soviet Union, Yugoslavia, Czecho- ular, that they are democratic. They have f nothing to do with a secularism, nothing to do slovakia, and others prove this point. India is not one country; it is a polyglot like those with a democracy. They kill Sikhs just to CONGRATULATING DR. SHELBY M. countries, thrown together for the conven- ELLIOTT ON HIS RETIREMENT please the majority.’’ And Sikhs are unfortu- ience of the British colonialists. It is doomed nately not the only ones. That is why Sikhs to break up as they did. ‘‘We only hope that from the East Coast showed up to protest in the breakup will be peaceful,’’ said Dr. HON. GENE GREEN Aulakh, ‘‘and that the fundamentalist Hindu front of the Indian Ambassador’s residence, OF TEXAS nationalists will not force a violent, bloody where an Independence Day celebration was IN THE HOUSE OF REPRESENTATIVES being held. They demanded the basic demo- breakup like that of Yugoslavia.’’ India is ruled by Hindu theocrats whose agenda is Tuesday, September 9, 2003 cratic freedom of self-determination and free- ‘‘Hindu, Hindi, Hindutva, Hindu Rashtra,’’ or dom for the Sikh homeland, Khalistan, which total Hindu domination of every facet of In- Mr. GREEN of Texas. Mr. Speaker, on De- declared itself independent on October 7, dian life. An Indian Cabinet minister said cember 31, 2003, Dr. Shelby M. Elliott will re- 1987. that everyone who lives in India must be a tire as president of the Texas Chiropractic Col- Mr. Speaker, it is time for America to take Hindu or subservient to Hindus. lege. I rise to congratulate Dr. Elliott on his a stand for freedom and democracy in South ‘‘It is clear that India does not accept Sikhs,’’ said Dr. Aulakh. ‘‘The Indian gov- successful tenure at Texas Chiropractic Col- Asia. We must act now to cut off aid to India lege and to wish him well in his retirement. until it allows real democracy and freedom for ernment continues to persecute and kill our Sikh brethren,’’ he said. ‘‘Sardar Atinder Pal Shelby M. Elliott was born in Wild Cherry, the Sikhs, Christians, Dalits, Muslims, and Singh’s question of 13 years ago is still the Arkansas, the eldest son of parents who in- other minorities. And we must put this Con- question facing the Sikh Nation: Why don’t stilled the values of hard work and the impor- gress on record in full support of self deter- we liberate Khalistan? As Professor Darshan tance of attaining as much education as pos- mination for all the peoples and nations of Singh, a former Jathedar, said, ‘If a Sikh is sible. After attending pre-chiropractic South Asia in the form of a free and fair plebi- not for Khalistan, he is not a Sikh’,’’ Dr. coursework at Paducah Community College, scite on the question of independence. Self- Aulakh noted. An Indian newspaper reported on Tuesday that Sikhs in India had decided he completed his Doctor of Chiropractic de- determination is the cornerstone of democracy gree at Texas Chiropractic College, then en- and India is not allowing self-determination for not to celebrate Indian Independence Day, but instead would hoist a black flag for the rolled in Logan College of Chiropractic and anyone but the upper-caste Brahmins. A free occasion. ‘‘This shows that the drive for free- earned a second doctorate. and fair plebiscite will allow everyone to have dom is still alive in Punjab,’’ Dr. Aulakh He maintained a successful chiropractic self-determination and allow this to happen said. practice in Dayton, Texas for 38 years and peacefully. We must not allow militant Hindu The Indian government has murdered over held several key business and civic leadership fundamentalist theocrats to turn South Asia 250,000 Sikhs since 1984, more than 200,000 Christians since 1948, over 85,000 Muslims in positions, including president of the Rotary into another Yugoslavia, Mr. Speaker. Club of Dayton, charter member of the Dayton I would like to place the International Sikh Kashmir since 1988, and tens of thousands of American Legion Post No. 512, board member Organization’s press release on the Independ- Tamils, Assamese, Manipuris, Dalits (the ab- original people of the subcontinent), and oth- of the Moody National Bank and the First ence Day protest into the RECORD at this time. ers. The Indian Supreme Court called the In- Texas Bank, and member of the Dayton DECEITFUL INDIAN GOVERNMENT MOVES INDE- dian government’s murders of Sikhs ‘‘worse School Board and the Dayton-Liberty Cham- PENDENCE DAY CELEBRATION TO AVOID SIKH than a genocide.’’ ber of Commerce. DEMONSTRATORS—ARE VICTIMS OF INDIAN ‘‘Is Jaswant Singh Khalra celebrating? Is REPRESSION CELEBRATING? Jathedar Kaunke celebrating? Is Graham Dr. Elliott was honored as ‘‘Young Chiro- WASHINGTON, D.C., August 15, 2003.—The Staines celebrating?,’’ Dr. Aulakh asked. practor of the Year’’ in 1964 and as ‘‘Chiro- cowardly, deceitful Indian regime again ‘‘How can a democracy celebrate the kind of practor of the Year’’ in 1971 by the Texas moved its Independence Day celebration violent repression that claimed their lives?’’ Chiropractic Association and has been award- from the Indian Embassy in Washington, Indian police arrested human-rights activ- ed the coveted Keeler Plaque. He was also D.C. to the Ambassador’s residence to avoid ist Jaswant Singh Khalra after he exposed awarded the ‘‘William D. Harper Science of their policy of mass cremation of Sikhs, in Sikhs who came from Pennsylvania, New Existence Award’’ in 1988 by Texas Chiro- Jersey, Maryland, and Virginia to protest In- which over 50,000 Sikhs have been arrested, dian repression of Sikhs, Christians, Mus- tortured, and murdered, then their bodies practic College, the ‘‘Lifetime Chiropractic lims, and other minorities and to demand an were declared unidentified and secretly cre- Achievement Award’’ in 1988 and the ‘‘Doctor independent, sovereign Khalistan. mated. He was murdered in police custody. of the Year’’ in 1990 by the American Chiro- ‘‘This action shows the cowardice of the His body was not given to his family. The po- practic Association and was honored as ‘‘Cit- fundamentalist Hindu nationalists,’’ said Dr. lice never released the body of former izen of the Year’’ by the Pasadena Chamber Gurmit Singh Aulakh, President of the Jathedar of the Akal Takht Gurdev Singh of Commerce in 1996. I first met Doc Elliott in Council of Khalistan. ‘‘They are afraid of a Kaunke after SSP Swaran Singh Ghotna 1974 when he ran for State representative in murdered him. No one has been brought to peaceful protest,’’ Dr. Aulakh said. ‘‘That is East Texas. His loss was healthcare’s gain. not how democracies act,’’ Dr. Aulakh said. justice for the Khalra kidnapping and mur- The protestors raised slogans like ‘‘India der. SSP Swaran Ghotna has never been He has held every elective position in local, out of Khalistan’’, ‘‘Khalistan Zindabad’’, brought to trial for the Kaunke murder. Yet State and national chiropractic associations. and others. They carried signs demanding according to a report by the Movement Shelby Elliott served as president

VerDate jul 14 2003 05:39 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A09SE8.033 E09PT1 September 9, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1741 of the Board of Governors for the American ley single-handedly captured twenty-five Ger- requests to be the keynote speaker at many Chiropractic Association for an unprecedented man soldiers in Liebeneck, Czechoslovakia, seminars and forums. five years, during his nine-year tenure on this on April 26, 1945. He was alone that morning Mr. Speaker, today Kathy Wells’s col- board. He even served nine years on the guarding Battery B’s perimeter when a young leagues, friends and family are gathered in Texas Board of Chiropractic Examiners, hav- soldier dressed in an American uniform ap- Huntsville, Alabama, to give her thanks and to ing been appointed by two different governors. proached him. Stanley sensed that something congratulate her on her future endeavors. Shelby Elliott was appointed as the twelfth was wrong and ordered the man, a German Since I cannot be there, I want to take this op- president of Texas Chiropractic College on soldier, to halt. After interrogating him, Stanley portunity to honor her on behalf of the people September 1, 1990. At the time of his appoint- learned that twenty-four of the soldier’s com- of North Alabama, especially those who have ment, the Texas Chiropractic College was suf- rades were hiding in the woods and promptly regained confidence and a sense of self-worth fering with significant financial and morale took them into custody, until he encountered because of Kathy’s dedication and hard work. problems. The Texas Chiropractic College American GI’s who could take the Germans to Board of Regents recognized that the college a nearby prisoner-of-war camp. f needed a leader with vision and focused dis- Stanley Graziul’s commitment to his country cipline. Fortunately, the Board of Regents was and the causes in which he believed did not TRIBUTE TO PAULA MONTANEZ— able to convince Shelby Elliott to accept the end with his military service. He returned to 2003 BOY SCOUTS OF AMERICA position of president and retire from profes- the United States after the war and became DISTINGUISHED CITIZEN sional practice for the sake of saving Texas actively involved in his community. He gave Chiropractic College from bankruptcy and clo- his time and energy to help many volunteer sure. and service organizations assist those less HON. KEN CALVERT Dr. and Mrs. Connie Elliott personally gave fortunate than him. He also became active in OF CALIFORNIA $10,000 of their own funds to renovate the the political process and donated his time and IN THE HOUSE OF REPRESENTATIVES president’s office when they began, and have money to candidates and causes in which he always been leaders in financial support to the believed. He and his wonderful wife, Caroline, Tuesday, September 9, 2003 Texas Chiropractic College. Dr. and Mrs. El- live in my congressional district in Spring Hill liott even donated the Texas Chiropractic Col- and remain active in the community still today. Mr. CALVERT. Mr. Speaker, I rise today to lege landmark sign that welcomes visitors to Mr. Speaker, Stanley Graziul is a true Amer- honor and pay tribute to an individual whose the campus. ican hero. His honor, courage, and bravery, dedication and contributions to the community Today, the Texas Chiropractic College is fi- and that of countless American veterans, of Corona, California are exceptional. Corona nancially secure, with cash reserves thanks to helped us win World War II and ensure that has been fortunate to have dynamic and dedi- Dr. Elliott’s financial management skills. Dur- our democratic republic endured. I am proud cated community leaders who willingly and un- ing his successful tenure, Dr. Elliott has built to call him a constituent, and more important, selfishly give their time and talent and make four beautiful and significant campus buildings to have him as a friend. I urge our colleagues their communities a better place to live and within a five year period, improving the col- to remember his example, and those of their work. Paula Montanez is one of these individ- lege’s capacity to provide quality education for constituents, as we exercise the freedoms that uals. On September 30, 2003, Paula will be a new generation of health care providers. they helped secure. honored at the 2003 Distinguished Citizens Awards Dinner organized by the Boy Scouts Mr. Speaker, Dr. Shelby Elliott is a legend f in Texas and will be sorely missed. As a fitting of America. tribute to his dedication to the Texas Chiro- TRIBUTE TO KATHLEEN A. WELLS Paula was born in Oklahoma, her mother’s practic College, I ask my colleagues in the UPON HER RETIREMENT FROM home state, but has lived most of her life in House of Representatives to join me in con- CRISIS SERVICES OF NORTH Southern California. She graduated from Co- gratulating Dr. Shelby Elliott for his fine work ALABAMA rona High School in 1973 and attended col- and to wish him well in his retirement. lege at the University of California, Riverside f HON. ROBERT E. (BUD) CRAMER, JR. and Cal Poly Pomona. She received her OF ALABAMA Bachelor’s Degree in Home Economics. PERSONAL EXPLANATION IN THE HOUSE OF REPRESENTATIVES Paula and her husband Eugene, a Corona Tuesday, September 9, 2003 City Council Member, own and operate Zap HON. LUCILLE ROYBAL-ALLARD Printing & Graphics, a successful printing Mr. CRAMER. Mr. Speaker, I rise today to OF CALIFORNIA company. In addition to her work she finds honor Kathy Wells who was instrumental in IN THE HOUSE OF REPRESENTATIVES time for numerous organizations. She is a past turning HOPE Place from a shelter for victims president of Soroptimist International of Co- Tuesday, September 9, 2003 of physical and sexual abuse, to a nationally rona, a board member of the Corona Library known comprehensive services agency pro- Ms. ROYBAL-ALLARD. Mr. Speaker, due to Foundation and she has been involved in the viding services, support, and education to indi- a family health emergency, I was unable to be Corona Reads projects for the past two years. present for rollcall votes 463–480 on Wednes- viduals and families in crisis. Today, she is day, September 3 through Friday, September moving on from her position as Executive Di- Paula has been a committee member of 5. Had I been present, I would have voted rector of Crisis Services of North Alabama for Cub Scouts Pack 121 and Boy Scouts Troop ‘‘yea’’ on rollcall votes 460, 461, 462, 466, an opportunity to represent victims of domestic 121. She has also been a committee member 467, 468, 469, 471, 472, 474, 475, 476, 477, violence for the entire State of Alabama. of St. Edward School Development Commis- 479 and ‘‘nay’’ on rollcall votes 463, 464, 465, Kathy Wells has been involved in helping sion, Santiago High School Soccer Boosters 470, 473, 478, 480. domestic violence victims for well over 20 Board, Corona Regional Medical Center Foun- dation Board, and PrintImage International f years. Her work began as a volunteer and in 1981 she was a leading force in the develop- trade association. In 1998, Paula was award- HONORING STANLEY GRAZIUL ment of HOPE Place as a domestic violence ed the ‘‘Women Helping Women’’ award by shelter. HOPE Place, which is now known as Soroptimist International of Corona. Her con- HON. MICHAEL BILIRAKIS Crisis Services of North Alabama, is one of stant support and involvement has been an in- spiration to fellow community members. OF FLORIDA Huntsville’s brightest stars and assets. Kathy’s IN THE HOUSE OF REPRESENTATIVES dedication and work effort are chiefly respon- Paula’s tireless passion for community serv- sible for its success. ice has contributed immensely to the better- Tuesday, September 9, 2003 Ms. Wells is well-known and respected for ment of the community of Corona, California. Mr. BILIRAKIS. Mr. Speaker, I rise today to her tireless work on legislation and advocacy She has been the heart and soul of many honor Stanley Graziul, a veteran in my con- for victims of domestic violence. Her extensive community organizations and events and I am gressional district who has served his country background and knowledge has led to many proud to call her a fellow community member, with distinction. opportunities for her to testify as an expert wit- American and friend. I know that many com- Stanley Graziul is a World War II hero. He ness at several trials, an overwhelming num- munity members are grateful for her service served in the Army’s 97th Infantry Division, in ber of invitations to conduct training sessions, and salute her as she receives the 2003 Boy Battery B of its 365th Field Artillery Battalion, appointments by three governors to sit on five Scouts of America Distinguished Citizen which saw heavy action during the war. Stan- statewide domestic violence committees, and Award.

VerDate jul 14 2003 05:39 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A09SE8.035 E09PT1 E1742 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 2003 CUBAN TRAVEL: FOLLOW THE U.S. CONGRESS, Under current law, if a consumer disputes MONEY CONGRESSIONAL BUDGET OFFICE, information contained in their consumer file Washington, DC, September 9, 2003. at a consumer reporting agency, the agency Hon. MICHAEL G. OXLEY, must reinvestigate the disputed information HON. TOM DeLAY Chairman, Committee on Financial Services, free of charge. The mandate requiring free OF TEXAS House of Representatives, Washington, DC. credit reports would have a secondary effect. IN THE HOUSE OF REPRESENTATIVES DEAR MR. CHAIRMAN: The Congressional The number of consumers who would exer- Budget Office has prepared the enclosed cise their option to receive a free annual Tuesday, September 9, 2003 statement on private-sector mandates for credit report would likely increase the num- Mr. DELAY. Mr. Chairman, there is no such H.R. 2622, the Fair and Accurate Credit ber of subsequent reinvestigations. Accord- thing as a ‘‘Cuban tourism industry.’’ There is Transactions Act of 2003, CBO completed a ing to industry sources, the cost for addi- federal cost estimate and an assessment of only Fidel Castro and his thugocracy. tional reinvestigations would be $7.00 to $8.00 the bill’s effects on state, local, and tribal per reinvestigation. Assuming half of those If we pass this amendment, the money governments on September 3, 2003. individuals who receive a free credit report American travelers spend in Castro’s Cuba will If you wish further details on the private- dispute the information requiring a reinves- be confiscated by his regime and invested in sector statement, we will be pleased to pro- tigation, the total cost would range from his criminal empire. vide them. The CBO staff contact is Paige $110 million to $125 million per year. Such If you believe American tourism will some- Piper/Bach, who can be reached at 226–2940. cost would not be direct cost, as defined in how help the situation there, remember that Sincerely, UMRA, and would not count towards the DOUGLAS HOLTZ-EAKIN, statutory threshold. Cuba’s tourist hotels—enjoyed by travelers Director. Truncation of credit card account numbers from Canada, Europe, and elsewhere—have H.R. 2622—Fair and Accurate Credit Trans- been up and running for decades, yet Castro’s actions Act of 2003 Section 203 would impose a private-sector regime remains one of the horrors of the mandate by requiring individuals and busi- Summary: H.R. 2622 would permanently ex- nesses that accept credit cards to truncate Western Hemisphere. tend the national credit reporting standards the credit card account numbers by includ- Make no mistake: Fidel Castro is not some in the Fair Credit Reporting Act (FCRA) ing no more than the last five numbers on an which is scheduled to expire on January 1, curious anachronism. He is a violent criminal. electronically printed cardholder receipt. 2004. The bill would prevent states from im- More than 100,000 Cubans have been im- The mandate would take effect three years posing new restrictions on how financial in- prisoned, and more than 15,000 murdered by from the date of enactment for machines stitutions share consumer information. The his regime. Just in the last six months, he or- currently in use and beginning in 2006 for bill also would provide new consumer protec- machines put into service after January 1, dered what Amnesty International called ‘‘an tions against identity theft (that is, fraud 2005. According to the credit card processing unprecedented crackdown’’ on Cuba’s pro-de- committed using another person’s identi- industry, some systems are currently in mocracy movement. fying information). In addition, H.R. 2622 This past spring, seventy-five pro-democ- would give consumers access to certain fi- compliance because they are capable of elec- tronically printing truncated account num- racy advocates, working within Cuban law, nancial records, promote increased accuracy of credit reports, and provide protections of bers on customer receipts. In order to com- were rounded up and imprisoned by Castro’s ply with this mandate, some merchants secret police. They are now serving prison consumers’ medical information. H.R. 2622 would impose several private-sec- would have to make modifications to their terms of up to 28 years, in unsanitary condi- tor mandates, as defined in the Unfunded systems, including software reprogramming, tions and without access to health care, many Mandates Reform Act (UMRA), on consumer formatting changes to dial-up terminals, and for simply borrowing the wrong library books. reporting agencies, individuals and busi- purchase of new printing devices. Costs to re- This amendment would reward such injus- nesses that print electronic credit card re- place machines would range from $300 to tice. ceipts, certain mortgage lenders, financial $1,000 per unit. Assuming merchants would Fidel Castro—thief, murderer, and tyrant—is institutions, credit and debit card issuers, have to replace 25 percent of the currently used machines in 2007, the cost to replace the only Cuban who will benefit from this and debt collection agencies. CBO expects the direct costs of those mandates would ex- such machines, including programming amendment. The hotels American tourists will ceed the annual threshold for private-sector modifications, would amount to at least $85 patronize are off limits to ordinary Cubans, mandates ($117 million in 2003, adjusted an- million in that year. and so will be the profits they generate. nually for inflation) in at least one of the Disclosure of consumer credit score Proponents of this amendment would have first five years the mandates are in effect. Section 502 would require certain mortgage us believe that vacationers in flip-flops and Private-sector mandates contained in bill: lenders that use a consumer credit score in Hawaiian shirts, sipping mojitos at Cuban H.R. 2622 would impose private-sector man- approving loans to provide a copy of the beach resorts will somehow improve human dates, on consumer reporting agencies, indi- credit score and associated information re- viduals and businesses that print electronic rights conditions there. Instead, Mr. Chairman, ceived from a consumer reporting agency to credit card receipts, certain mortgage lend- the customer as soon us reasonably prac- it will subsidize Castro’s oppression and tor- ers, financial institutions, credit and debit ture. ticable. Based on approximately 13 million card issuers, and debt collection agencies by: annual mortgage loan applications affected Those are the stark and unavoidable terms Requiring free credit reports upon the re- by this provision, and handling and mailing quest of an individual; of this amendment. And I urge all my col- costs provided by the industry, CBO expects leagues, in the name of justice, to vote no. Requiring truncation of credit card ac- count numbers on receipts printed electroni- that the direct cost to provide such informa- f cally; tion would range from $35 million to $55 mil- lion per year. PRIVATE SECTOR MANDATE ESTI- Requiring disclosure of credit scores when approving certain loans; and Fraud alert in credit file MATE FOR H.R. 2622, THE FAIR Requiring certain fraud alerts and blocks Section 202 would require consumer report- AND ACCURATE CREDIT TRANS- in consumer credit files. ing agencies to include a fraud alert in the ACTIONS ACT OF 2003 Estimated Direct Cost of the Private Sec- file of a consumer and disclose to the con- tor: CBO expects the aggregate direct costs sumer that they may request a free copy of HON. MICHAEL G. OXLEY of the private-sector mandates in the bill the file when the agency receives a direct re- would exceed the annual threshold estab- quest that a consumer has been or is about OF OHIO lished by UMRA ($117 million in 2003, ad- to become a victim of fraud, including iden- IN THE HOUSE OF REPRESENTATIVES justed annually for inflation) in at least one tity theft. A consumer reporting agency Tuesday, September 9, 2003 of the first five years the mandates are in ef- would also be required to include an active- fect. duty alert in the file of an active-duty mili- Mr. OXLEY. Mr. Speaker, pursuant to sec- Consumer access to credit reports tary consumer upon their request. In addi- tion 423(f)(2) of the Congressional Budget Act, Section 501 would require consumer report- tion, section 205 would require consumer re- I am hereby submitting for printing in the CON- ing agencies to provide an annual free credit porting agencies to block any information in GRESSIONAL RECORD the statement of private- report upon the request of an individual. the file of a consumer that the consumer sector mandates for H.R. 2622, the Fair and Based on information from industry and gov- identifies as resulting from an alleged iden- Accurate Credit Transactions Act of 2003, pre- ernment sources, CBO assumes a threefold tity theft and confirms with a police report. pared by the Director of the Congressional increase in the number of individuals re- An agency also would be required to notify questing a free credit report each year. CBO the furnisher of the information identified Budget Office pursuant to section 424(b) of estimates that the additional direct con- by the consumer of certain information re- the Congressional Budget Act. This statement sumer reporting agencies for providing man- garding such a block. According to the con- was not available for printing in the report by datory free credit reports would be $1.00 to sumer reporting industry and government the Committee on Financial Services to ac- $2.00 per report with a total cost ranging sources, the national consumer reporting company that bill (H. Rept. 108–263). from $30 million to $60 million per year. agencies generally provide such alerts and

VerDate jul 14 2003 05:39 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A09SE8.041 E09PT1 September 9, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1743 blocks voluntarily. Therefore, CBO esti- and the dying in whatever place they called Bobby has been recognized for his impres- mates that the direct cost to comply with home. Today Mother Teresa’s order has over sive community service and exemplary leader- those mandates would not be significant. 5,000 sisters and brothers and over 50 dif- ship. He was the recipient of the Outstanding Other notification and disclosure requirements ferent relief efforts to help the ‘‘poorest of the Young Men of America award, the California Other provisions of the bill would impose poor’’ in India. In her later years, she worked Jaycees and US Jaycees awards, Rotary private-sector mandates as follows: to establish hospice programs for AIDS pa- International award, and was named 1988 Co- Prohibit any person who receives a copy of tients. rona Citizen of the Year. a police report from a consumer regarding identity theft from furnishing any negative Mother Teresa has been recognized world- Bobby and Karen have five children, Tanya, information on the consumer to a consumer wide for her devotion to the poor. She was Rebecca, Rachel, Isaac, and Joshua who con- reporting agency; awarded the Nobel Peace Prize in 1979 and tinue their parent’s commitment to community Require a financial institution that ex- the Presidential Medal of Freedom and the involvement and service. tends credit to provide a one-time notice in Lifetime Achievement Award from the Founda- Bobby’s tireless passion for community writing to a customer, no later than 30 days tion for Hospice and Homecare in 1985. service has contributed immensely to the bet- after the institution furnishes negative in- Mr. Speaker, few people have served hu- terment of the community of Corona, Cali- formation to a consumer reporting agency manity with more compassion and love than fornia. He has been the heart and soul of regarding credit extended to the customer; Require credit card issuers to clearly and Mother Teresa. Mother Teresa was a perfect many community organizations and events conspicuously disclose to a consumer their example of love and compassion to people of and I am proud to call him a fellow community ability to increase an annual percentage rate all nations and all religious backgrounds. Once member, American and friend. I know that in certain circumstances when making unso- quoted as saying, ‘‘Let no one come to you many community members are grateful for his licited offers of credit to consumers; and without leaving better and happier,’’ Mother service and salute him as he receives the Require a debt collection agency that Teresa lived her faith. While her work lives on 2003 Boy Scouts of America Distinguished learns information in a consumer report is today in the work of her order, she deserves Citizen Award. the result of identity theft or otherwise is fraudulent to notify the furnisher of the in- special recognition for her tremendous f formation or the relevant consumer report- achievement. I know that my colleagues will join me today in honoring Mother Teresa’s life CONGRATULATING ALEIDA ing agency that the information is fraudu- VARONA, ADMINISTRATOR OF lent. and wishing her religious order the greatest Based on information from various indus- success in their future endeavors. THE PUERTO RICO CHILD SUP- PORT ADMINISTRATION, FOR RE- try and government sources, CBO expects f the direct cost to comply with those man- CEIVING THE COMMISSIONER OF dates would not be as significant as the di- TRIBUTE TO BOBBY SPIEGEL—2003 CHILD SUPPORT ENFORCE- rect costs of other mandates in the bill. BOY SCOUTS OF AMERICA DIS- MENT’S ‘‘ACHIEVEMENT BEYOND In addition, the bill would impose other TINGUISHED CITIZEN THE CALL OF DUTY’’ AWARD private-sector mandates as follows: Require a consumer reporting agency that receives a request for a consumer report HON. KEN CALVERT HON. ANI´BAL ACEVEDO-VILA´ using an address substantially different for OF CALIFORNIA OF PUERTO RICO the addresses in the consumer’s file to notify IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES the requester of the existence of the discrep- ancy; Tuesday, September 9, 2003 Tuesday, September 9, 2003 Require credit and debit card issuers that Mr. CALVERT. Mr. Speaker, I rise today to Mr. ACEVEDO-VILA´ . Mr. Speaker, I want to receive a request for additional or replace- honor and pay tribute to an individual whose take this opportunity to share some excellent ment cards on an existing account within a short period of time after receiving a change dedication and contributions to the community news with my colleagues, and to give credit of address form to notify the cardholder at of Corona, California are exceptional. Corona where credit is due. I am very proud to an- the former address or use other means to has been fortunate to have dynamic and dedi- nounce that Puerto Rico’s Child Support En- confirm the address change; and cated community leaders who willingly and un- forcement Administrator, Ms. Aleida Varona, Prohibit a consumer reporting agency from selfishly give their time and talent and make has been singled out by the HHS’s Adminis- providing credit reports that contain med- their communities a better place to live and tration of Children and Families’ Office of Child ical information with some exceptions and work. Bobby Spiegel is one of these individ- Support Enforcement (OCSE) to receive their would require medical companies to identify uals. On September 30, 2003, Bobby will be first ever Achievement Beyond the Call of themselves as such when reporting credit in- formation. honored at the 2003 Distinguished Citizens Duty Award. What makes me even more According to industry sources, many enti- Awards Dinner organized by the Boy Scouts proud, especially in these times, is that her ties currently comply with such require- of America. ‘‘beyond the call of duty’’ project was part of ments voluntarily, and therefore, the direct Bobby graduated from Corona High School the effort to mobilize our troops to Iraq. Ms. cost to comply with those mandates would and has been a Corona resident since 1973. Varona’s award is therefore not only a rec- not be significant. He attended Fullerton Junior College and ognition of her own commitment and hard Estimate prepared by: Paige Piper/Bach. began his career as an entrepreneur with his work and that of the administration of Gov. Estimate approved by: Roger Hitchner, As- « « sistant Director for Microeconomics and Fi- first business, The Flower Shoppe. He sold Sila Marõa Calderon. I believe this award, nancial Studies Division. the business to work in the family electrical more importantly, recognizes two of the high- business in 1980. In 1989, while still working est values that Puerto Ricans hold dear: the f for the family business, he and his wife, central importance of family and our great TRIBUTE TO MOTHER TERESA Karen, a Corona City Council Member, started pride in and loyalty to our country, the United Spiegel Enterprises/Publications. States of America. HON. MARTIN FROST Bobby began volunteering at a young age I have mentioned before how committed « OF TEXAS when he first joined the Jaycees, the Junior Gov. Sila Calderon and her administration is IN THE HOUSE OF REPRESENTATIVES Chamber of Commerce, in 1976. He served in to protecting the well being of our children, almost every capacity and learned from the and especially to making sure that all of Puer- Tuesday, September 9, 2003 experience. He served as state president in to Rico’s children receive the resources and Mr. FROST. Mr. Speaker, I rise today to 1986 and 1987 and was honored with one of support they need to grow safely and soundly honor the late Mother Teresa of Calcutta for the top ten awards in the nation for his serv- into productive, healthy citizens. Ensuring that her many years of dedication to the world’s ice. Over the years, Bobby has also served on every child gets the appropriate support from poorest citizens. the Board of Directors for several community each of their parents is a cornerstone of this Ordained as a sister in 1928, Mother Teresa and professional organizations including the goal. To achieve this the Commonwealth of originally served as a teacher at St. Mary’s American Cancer Society, The National Elec- Puerto Rico has developed one of the most High School in Calcutta from 1929 to 1948. In trical Contractors Association, and the YMCA. modernized and effective Child Support en- 1948, the poverty outside her convent inspired Bobby was also the charter president of the forcement programs in the Nation. Last year, her to leave her school and begin working to Circle City Rotary Club and is past president the Commonwealth collected $223 million in help the country’s most vulnerable citizens. of Congregation Beth Shalom. He currently child support payments for approximately In 1950, she founded the Sisters of Charity serves as Chairman for the Corona Regional 151,000 families. This amounts to three times with a mission to serve the poor, the suffering, Medical Center Foundation. Puerto Rico’s welfare grant—a ratio that is

VerDate jul 14 2003 05:39 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A09SE8.045 E09PT1 E1744 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 2003 three times the national average, even though this award, which was originally for customer Toot’s Tavern, Club Tac and Ray’s Corner the average monthly child support payment service, when it found out how Ms. Varona Saloon—survivors of a once-teeming popu- was only $123. Moreover, this represents a did, indeed, go beyond the call of duty to en- lation of watering holes that served thou- sands of plant workers in a bygone era— nearly 1,200 percent return on the federal in- sure the smooth mobilization of our soldiers to wouldn’t mind seeing a few more rear ends vestment of $18.9 million. The Commonwealth Iraq with the least disruption possible to their on their barstools. also served an additional 86,000 families by families. Thanks to Ms. Varona’s concern and ‘‘Nobody stops in Crockett the way they helping to locate non-custodial parents and commitment to our military personnel and their used to. You have to go 3 miles out of your proving paternity. In addition, last year Puerto dependents, and her willingness to go the way’’ because of Interstate 80 off-ramp de- Rico became the second jurisdiction in the extra mile, Puerto Ricans were able to fulfill tours, said Ken McBee, who owns Club Tac country to move to a completely paperless their vital responsibilities to their country know- on Pomona Street, the main artery. payment system, where all families receive ing that their fundamental responsibilities to ‘‘Crockett hasn’t really been publicized,’’ added McBee, a Crockett resident for 28 their support payments either by direct deposit their families were being met. years. ‘‘Nobody knows it’s here. They know or an electronic benefit transmission card. f about C&H, but they don’t know what’s These achievements speak for themselves as around it.’’ a testament to the Commonwealth’s commit- AL ZAMPA MEMORIAL BRIDGE During the past few years, a steady flow of ment to children and to the economic self-suf- iron- and steelworkers, painters, engineers ficiency of our families. and other bridge crew members, most of HON. GEORGE MILLER whom commute from other towns, have With the recent mobilization of American OF CALIFORNIA troops to Iraq, our Child Support Enforcement brought some business to Crockett. IN THE HOUSE OF REPRESENTATIVES Several shop owners, however, said they’re Administration pushed the envelope of Tuesday, September 9, 2003 still scraping by financially. achievement even further. As you all know, ‘‘Construction workers—that’s all the busi- Puerto Ricans are deeply patriotic people, and Mr. GEORGE MILLER of California. Mr. ness we get at lunch,’’ whereas more high- historically, our contributions to the military Speaker, within the next few months the peo- way travelers used to stop over, said Chris have also exceeded the call of duty. Puerto ple of my district and the San Francisco Bay Choo, owner of the Pomona Deli downtown. Rico has one of the highest per capita rates Area will be celebrating the opening of the ‘‘Access is closed here, closed there. You don’t understand how hard it is to survive.’’ of military service in the country. When Oper- new Carquinez bridge span across the ation Iraqi Freedom came along it was no dif- To drum up business for his bar, McBee Carquinez Straits. This event will be more started serving Mexican dinners on Mondays ferent. More than 5,300 National Guard, Air than the opening of a new highway bridge; it and steak dinners on Wednesdays. Ten dol- National Guard, U.S. Army Reserve and U.S. will be the celebration of a man’s life, the revi- lars buys a New York strip or rib-eye with a Marine troops were called up in Puerto Rico’s talization of a community, and the ongoing baked potato and dessert. largest military mobilization ever. Only seven building of America. Maybe word will spread when the new States had larger mobilizations, and more than The new bridge will be named the ‘‘Al bridge opens, McBee figures, and more city 1,500 servicemen and women remain on ac- Zampa Memorial Bridge.’’ It celebrates the life dwellers will find their way to his tavern for dinner in a charming small town. tive duty in Iraq and Kuwait to this day. of a great American, Alfred Zampa, an iron- When called upon by our country, Puerto ‘‘I certainly hope so,’’ he said. ‘‘I’m hurt- worker, his family, his son Dick Zampa, and ing.’’ Ricans have always served with pride, and his grandsons, Dick and Don Zampa, who It’s clear elsewhere in town that Crockett, have consistently and willingly endured the carry on his great tradition. It is my privilege as soon as possible, wants a bit of the spot- sacrifices required to fulfill our patriotic duty. to share with my colleagues the account of light being shone on the bridge that pays We all know that for the service men and this achievement in the San Francisco Chron- tribute to the life of Al Zampa, who as a women that are also Moms and Dads, this is icle, August 31, 2003: child lived down the road in the now-defunct town of Selby. His family moved to Crockett a particularly difficult sacrifice, because it [From the San Francisco Chronicle, Aug. 31, means saying goodbye to their children. This when he was a teenager. 2003] ‘‘This truly puts Crockett on the map in a was where Ms. Varona stepped in. She set up BRIDGE TO THE FUTURE way that’s never been done before,’’ said a project to give these parents the peace of CROCKETT COUNTING ON NEW CARQUINEZ SPAN Gene Pedrotti, who lives in Crockett and mind that, whether they had custody of their TO MAKE IT A DESTINATION TOWN runs a store that started there, Pedrotti Ace children or not, those children would receive Hardware, now located in nearby Benicia. (By Jenny Strasburg) all of the support that they are entitled without A tireless Crockett promoter, Pedrotti is interruption. This project provided these chil- There’s big talk these days in the small the central organizer of a dozen bridge-open- town of Crockett—in its corner taverns and ing committees that pull members from dren with the support to which they are enti- grocery marts—about plans for a November tled, even though Daddy had a different job or Crockett, Vallejo and other nearby towns. fireworks show, memories of a departed iron- For months they have worked to line up that they were living with Grandma now be- worker named Alfred Zampa and the opening sponsors, fireworks, speeches, a parade and cause Mommy was fighting a war. of the bridge that bears his name. other events to coincide with the bridge’s In cooperation with the office of Puerto The four-lane Al Zampa Memorial Bridge grand opening. Rico’s Governor and Puerto Rico’s Depart- is nearing completion over the Carquinez The main events are tentatively planned ment of the Family, Varona partnered with Na- Strait, the first major suspension bridge to for the weekend of Nov. 8 and 9—though a tional Guard Commanding Officer General be built in the United States in 30 years, and hard-to-predict construction schedule could Francisco A. Ma«rquez Haddock and Army the longest one built in almost 40 years. change that, a Caltrans spokesman warned. Labor Day weekend lends an appropriate Commander Brigadier General Jose« M. Caltrans is overseeing construction of the bit of timing for the home stretch of a $300 bridge, which is expected to carry 120,000 ve- Rosado to operate seven Family Assistance million-plus project constructed by union hicles per day west bound on Interstate 80 to- Centers in the various armories where acti- hands and named after a Bay Area labor leg- ward San Francisco. vated personnel were being processed. end. Pedrotti says that one of the biggest draws Varona provided experienced agency employ- For more than three years, traffic disrup- regionally, once the bridge-opening fanfare ees to assist individuals in ensuring that the tions, dust and the din of jackhammers, pile has passed, will be its two-way pedestrian correct amount of child support would be re- drivers and earthmovers have tested resi- and bicycle path. ceived by service men and women’s families dents and business owners in the unincor- The Al Zampa Bridge will introduce pedes- porated burg on the southern edge of the during their deployment without interruption. trian access to the Carquinez span, closing a strait. gap in the Bay Trail that’s being developed This guaranteed that virtually every activated Now, Crockett is ready to get its freeway in encircle San Francisco Bay. soldier subject to a support order received rel- ramps back. But it’s looking for more than Traffic could flow on the new span within evant orientation services, and if appropriate, just relief from the noise and detour signs. days of the November opening ceremonies. participated in a modification and/or wage Many see the eye-catching new bridge as a The pedestrian and bicycle path might not withholding initiation process. It also guaran- welcome gateway to revitalization opportu- be open for several more weeks after that, teed that custodial parents had the opportunity nities for the town of 3,200—home to a C&H according to Caltrans. to communicate changes in the temporary Sugar refinery in operation since 1906. A 5-acre landscaped park is planned for the Crockett grew up a company town. But hillside leading down to the waterfront un- guardianship of their children during their de- looking forward, it has bigger aspirations. derneath the bridge. ployment. It wants day-trippers from San Francisco ‘‘I think a lot of people are going to sud- This initiative is a vibrant, living testament of and Oakland. It wants streams of out-of- denly discover Crockett when they realize Puerto Rico’s strong tradition of military serv- town customers for its handful of art gal- there’s a cool bridge to walk across on a nice ice. Fittingly, the OCSE changed the name of leries, antique shops and sandwich delis. summer day,’’ Pedrotti said.

VerDate jul 14 2003 05:39 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A09SE8.049 E09PT1 September 9, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1745 Already, town boosters have worked the est developments below on what he called ‘‘a Mr. Speaker, as we venerate Gail French’s name and design of the Zampa bridge into a new symbol for Crockett.’’ contributions to her community, her state, and logo that shows up on T-shirts and ball caps The retired diesel-engine mechanic has her nation, may the light of her passionate for sale at small businesses in town and on stopped by most days for about two years. the Internet (www.alzbridge.com). ‘‘There’s only one Golden Gate,’’ he said, commitment to our veterans and to the public The same logo decorates banners on light ‘‘but this is pretty slick.’’ at large continue to animate our dreams and poles in the center of Crockett. A combination of ingenuity and humor aspirations as public servants. Zampa, during his storied career, worked helped the proprietors of the Dead Fish sur- f on both the 1927 and 1958 Carquinez spans as vive the challenges of temporarily losing the well as the Oakland-San Francisco Bay highway off-ramp by which most of their HE DID NOT SET STANDARDS, HE Bridge, Golden Gate Bridge, Martinez Bridge customers arrived, said Dante Serafini, a LIVED THEM and Richmond-San Rafael Bridge. partner in the restaurant. He became a celebrity of sorts after he sur- One of two full-service seafood restaurants vived a fall from the Golden Gate in 1936. He in town—the other is Nantucket, on the wa- HON. JOHN J. DUNCAN, JR. landed in a safety net—at the time a new terfront—the Dead Fish is still referred to by OF TENNESSEE feature of bridge construction—but the net some locals as Vera’s. It formerly was Vera’s IN THE HOUSE OF REPRESENTATIVES sagged. Zampa, according to his recollection Villa Valona, a family-style Italian joint. Tuesday, September 9, 2003 in interviews, hit the rocks below and paid Valona has roots as the community next for the trip with four broken vertebrae and door to Crockett, with boundaries that are Mr. DUNCAN. Mr. Speaker, I assume that three months of hospitalization. now indistinguishable. not a large number of people read the articles He returned to bridge work after a long re- Early residents, including Italian, Por- we place in the RECORD, but I am sure that at covery. tuguese and Spanish immigrants, came to least a few across the country do. I wish ev- In Crockett and nearby El Sobrante, call their town Sugar City after C&H took eryone, especially young men, would read the Pinole and other towns, Zampa was known over the waterfront flour mill in 1906. as Al, Husky, Zamp or Gramps, depending on Through the Depression most of the C&H column Richard Cohen wrote about his father who was talking, relatives said. He helped plant workers lived in town. in today’s Washington Post. form the first Little League program and Few of them do now, and the town feels Many years ago, I got a degree in jour- coached boys’ teams in the 1940s, said his different as a result, according to longtime nalism and worked briefly both as a news- son, Richard ‘‘Dick’’ Zampa, 67. Al Zampa re- residents such as Don Zampa. paper reporter in Knoxville and as a teacher at tired in 1970. He died in April 2000 at age 95. ‘‘Less and less people are there for genera- T.C. Williams High School in Alexandria. I He was alive when construction began on tion after generation. People grew up, and would guess that Richard Cohen and I are the new Carquinez span, but he did not know there’s less work in the immediate area,’’ he about as different in backgrounds and beliefs it would be named for him. said. ‘‘Generations of people in Crockett ‘‘He was at the groundbreaking, and he was worked at C&H. My grandfather was an ex- as any two men could be, but I greatly admire starting to go down-hill, to feel pretty ill,’’ ception.’’ his writing. I read almost all his columns, but I believe this column about his father is pos- said Dick Zampa, who is first general vice f president of the International Association of sibly his best ever. Bridge, Structural and Ornamental Iron TRIBUTE TO GAIL FRENCH Perhaps this touched me because I was Workers Union and president of the state’s very close to my own father. But, I am going District Council of Iron Workers. to send this column to my two sons, ages 17 Dick and his brother Gene worked along- HON. KATHERINE HARRIS side their father on the 1958 Carquinez OF FLORIDA and 23, with a note from me. I will tell them Bridge. IN THE HOUSE OF REPRESENTATIVES that I believe they have the intelligence and ‘‘This is a recognition of all blue-collar skills and personalities to do great things with workers,’’ said Dick Zampa, whose sons Dick Tuesday, September 9, 2003 their lives, but as Richard Cohen has written, Zampa, Jr. and Don Zampa also carry on the Ms. HARRIS. Mr. Speaker, I rise today to you do not have to be rich or famous or ‘‘im- family’s labor tradition, as apprentice coor- recognize an outstanding public servant from portant’’ to lead a good life, and that it is far dinator and business manager, respectively, Florida’s Thirteenth Congressional District who more important to be good than it is to be of Iron Workers Local Union 378 in Oakland. demonstrated unparalleled integrity, commit- great. ‘‘It’s a tremendous honor for working peo- ple as a whole,’’ said Don Zampa, 44. ‘‘My ment, and skill throughout her tenure as an I would like to call this column to the atten- gramps, he’d have been pretty baffled by it.’’ employee of the Manatee County, Florida, tion of my colleagues and other readers of the Al Zampa’s story, recounted over the years Veteran Services office. RECORD. by Charles Kuralt, among others, is a dra- Gail French began her career in the Man- [From the Washington Post, Sept. 9, 2003.] matic one. And the bridge is impressive in atee County Veteran Services office as a re- (By Richard Cohen) its own right. ceptionist over 22 years ago. She received HE DID NOT SET STANDARDS, HE LIVED THEM A joint venture of FCI Constructors and steady promotions due to her professionalism Cleveland Bridge, the effort is multinational, NEWTON, Mass.—Harry L. Cohen died early pulling workers, prefabricated pieces and and her selfless initiative in assuming respon- Sunday morning here after a long illness. He building techniques from Britain, Japan and sibility for the most challenging of tasks. Due is survived by his wife of 66 years, Pearl other countries. to Ms. French’s diligence and compassion in ‘‘Pat’’ Rosenberg Cohen, two children, two The bridge is a smaller-sister of the Golden coordinating their transportation to Bay Pines, grandchildren and the sweet memories of Gate Bridge, with dual towers rising 410 feet Tampa, and MacDill Air Force Base, thou- anyone who knew him. He was 94 years old above the water. sands of veterans received critical medical at- and my father. By comparison, the Golden Gate’s towers Newspaper obituaries are generally re- tention and prescription drugs. Moreover, she served for the notable, the exceptional—peo- reach 746 feet above the bay. expertly provided additional support for our na- It’s expected that the new 2,390-foot span, a ple of some achievement or notoriety. My fa- replacement for the 1927 bridge, will attract tion’s heroes, such as referrals to community ther does not fill that bill. He was a mere visitors from around the world—though some assistance programs, mail and copy services, high school graduate who worked almost all considered that wishful thinking just a year and mail-outs for medical and claim support. of his life for one firm. He invented nothing, or two ago. Throughout the years, Ms. French treated discovered nothing, wrote nothing and was ‘‘I was one of the last people to be con- every veteran with honor, appreciation, and elected to no office, high or otherwise. He vinced,’’ said Sharon Clark, an agent with dignity. At the time of her retirement earlier was the most ordinary of men—but, God, I Signature Realty in Crockett. this summer, she had truly established the have known few like him and neither have Now the possibilities seem more real. you. ‘‘We would like to be someplace (that gold standard for all who follow her. As a well- Over the years I have written several col- makes) the average Bay Area citizen say, deserved commemoration of her years of umns about my parents. I did that by way of ‘Wow, what are we going to do this weekend? service, she received an honorary plaque sending them a gift and also because they Let’s see what’s going on in Crockett.’ It’s jointly from the Veterans Council and from the were great material. My mother, 91, was feasible,’’ Clark said. Manatee County Veterans Services office on born in Poland just before World War I. She Many mornings on the Crockett hillside, June 27, 2003. came to this country as a child and she was— someone such as Carl Peters, 83, of Pinole, Gail French and her husband, Ronald always in Poland and for a time in Amer- can be found parked in the lot of the Dead French, enjoy the blessing of three children, ica—desperately poor. If there is a single per- Fish Restaurant enjoying the view of a new son who embodies the glory and the promise suspension bridge coming together below. four stepchildren, thirteen grand children, and of this country, it is my mother. It is that ‘‘To the people here, it’s a big deal,’’ said one great grand child. During her retirement, simple. Peters on a recent morning, standing beside Ms. French plans to devote her time to her My father, too, has a story. His starts in his blue Chevrolet pickup and eyeing the lat- golf game and to her family. some Ken Burns documentary, black-and-

VerDate jul 14 2003 05:39 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A09SE8.053 E09PT1 E1746 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 2003 white photo of the Lower East Side of New tion’s higher education system. I encourage make important reforms to allow these institu- York, where he was born in a tenement. It my colleagues to join me in supporting this im- tions the freedom they need to help their stu- was in a tenement, too, where his mother portant bill and helping to increase access to dents succeed in higher education. died when he was still a child. My grand- father, poor and unskilled, put my father and postsecondary education. Like all institutions, Minority Serving Institu- my uncle in an orphanage, where—with some For nearly four decades, the Higher Edu- tions must advance their technological capa- Dickensian spells with foster families—he cation Act has provided opportunities to stu- bilities with the changing times and advance- was raised. dents throughout the nation as they worked to- ment in technology. This bill would allow His- He was a Depression kid, my father. In ward a postsecondary education. Now, in the torically Black Colleges and Universities and some ways, though, the worst of times were technologically-driven economy of the 21st Tribally Controlled Colleges and Universities the best of times for him. He had a job. He century, a college education is more important had a car. Soon, he had a wife and she, of among others to use a portion of their funds than ever. That’s why the bill I am offering is to expand Internet capabilities and other dis- course, worked, too. The two of them vir- so important; it will help remove barriers and tually never stopped working. Even in retire- tance learning capabilities, encouraging the ment, my father took jobs. He went door to ensure students have the opportunities they use of advanced technology and expanding door for a polling firm. He parked cars in need to meet their educational goals. opportunities. The cost of college in America has risen West Palm Beach, where he had ‘‘retired’’ The Expanding Opportunities in Higher Edu- with my mother. He worked as a doorman in rapidly over the past few decades, and this a fancy Palm Beach high-rise. In some sense, has made achieving the dream of a college cation Act builds upon the significant reforms he did this because the Depression was, for education a difficult proposition for many stu- for Minority Serving Institutions made in the him, always lurking nearby, but also because dents. However, though college costs are a Ready to Teach Act earlier this year. That leg- he found dignity in work. significant impediment for many aspiring col- islation created a program to establish Centers Some of this is colorful, I know, but it is of Excellence at high quality Minority Serving not why my father was exceptional. It’s be- lege students, they are but one of many un- necessary barriers to a college education in Institutions to strengthen and improve teacher cause he was a good man. Not once—not training, expand recruitment of minorities in ever—did I know him to cheat: not in busi- America. Expanding opportunities for students the teaching profession, and provide scholar- ness, not on his wife, not on his friends and by removing these barriers will help increase never on his children. I know of no one he access to college. ships to help future teachers pay the cost of hurt, no one he slighted, no one he aban- By encouraging innovative solutions such as completing a teacher training program. doned. The great men I have spent a lifetime distance learning and the use of advanced Taken together, these and the many re- around—the politicians, the statesmen, the technology in the classroom, schools can pro- forms in the bill will help to renew higher edu- rich, the powerful, the creative—can make cation and expand opportunities, helping mil- no such claim. They always say they had to vide non-traditional college students with a break some eggs to make their omelet. My better chance to succeed. I also believe ad- lions of students and the institutions which father made no omelet. But he broke no dressing the needs of America’s minority serv- serve them. I’m pleased to speak in strong eggs, either. ing institutions must be a priority, because support of this legislation, and encourage my I have written this before, but it is worth these valuable institutions play an essential colleagues to join me. saying again: My father’s sort of goodness is role in providing opportunities for many stu- rare. As he lay dying, as we talked about his dents. f life, he expressed no regrets. Not from him There are several areas of particular impor- came reservations about how he neglected tance in this legislation. Each of these provi- J. STEPHEN HORN POST OFFICE his children in favor of work, how he spent BUILDING too much money, how he cared too much sions serves to break down barriers, remove about the appearance of things and little obstacles, increase flexibility, and ultimately about their substance. He did not understand expand opportunities within higher education. SPEECH OF men who were not charitable, who exchanged This legislation allows for fair and equitable wives as they do cars, who would slight a treatment of all institutions, removing the arbi- HON. NANCY L. JOHNSON child to score another business deal. He had trary rules imposed on some and not others OF CONNECTICUT his dreams, but the overriding one was to and providing all institutions the ability to com- IN THE HOUSE OF REPRESENTATIVES lead an honorable life. pete for federal grants and better serve their To be perfectly truthful, we did not always agree—not on certain issues (Israel, for in- students. Wednesday, September 3, 2003 An additional unnecessary barrier in current stance) and not on how one should live one’s Mrs. JOHNSON of Connecticut. Mr. Speak- life. I could not—I have not—been him. He law that is restricting opportunities for students did not set standards, he lived them—and and flexibility for schools is the so-called 50 er, I rise in support of this bill that names the deep into my career I kept thinking that percent rule. This rule arbitrarily restricts the Post Office in Signal Hill, California, after one some of the things I wrote and some of the number of courses that can be offered and the of the most distinguished individuals to have things I did were like a bad report card I was number of students that can be enrolled in served in this House, Congressman Steve bringing home from school. His disapproval, courses offered via telecommunications. While Horn. Congressman Horn retired this past sometimes not even stated, was concussive. I January after a lifetime of public service. He reeled. this outdated rule was implemented to provide safeguards, times have changed and tech- was known as an independent, intellectually He died in his sleep. He died at home, still honest individual who brought to his work a tended by my mother and my sister, Judith, nology makes online education an important and the remarkable women whose chosen tool in achieving success for many non-tradi- sharp mind, remarkably broad experience, and work it is to care for the dying. He was never tional students. This bill takes the important an outstanding understanding and respect for in pain and he was alert almost to the end, step of repealing the 50 percent rule, while the needs and abilities of every person. still getting the joke, still not wanting to go. maintaining stringent requirements for quality Congressman Horn has worked in the public He was, I tell you, the most extraordinary of to ensure the integrity of distance education policy arena throughout his life. He began his ordinary men, what in Yiddish is called a professional career as an aide for President mensch—not a great man but, much rarer programs is monitored and maintained. still a good one. There is nothing greater. The Expanding Opportunities in Higher Edu- Eisenhower’s secretary of labor, James P. cation Act also seeks to strengthen programs Mitchell. He then worked as a legislative as- f such as TRIO and GEAR UP which provide sistant to former California Senator Tom INTRODUCTION OF THE EXPAND- critical student support services. By providing Kuchel and served as a senior fellow at the ING OPPORTUNITIES IN HIGHER these programs with the flexibility they need to Brookings Institute, Dean of American Univer- EDUCATION ACT OF 2003 meet the unique needs of the student popu- sity and President of California State Univer- lations they serve, programs such as these sity at Long Beach from 1970 to 1988. After HON. TOM COLE will expand opportunities and allow students to leading the University for eleven years, he OF OKLAHOMA thrive. was elected to Congress where his depth of IN THE HOUSE OF REPRESENTATIVES Though the legislation I am offering includes knowledge of government, public administra- many more important reforms, there is one tion, education, the arts, and community Tuesday, September 9, 2003 more area of particular importance that I needs enabled him to provide valuable leader- Mr. COLE. Mr. Speaker, I rise today to ex- would like to address. Minority Serving Institu- ship to his colleagues and this body. Steve press my strong support, for H.R. 3039, legis- tions offer tremendous educational oppor- served his constituents with diligence, effec- lation introduced today by my colleagues and tunity, and I’m pleased that the Expanding Op- tiveness, and honor. I wish Steve and his wife myself to expand opportunities in our great na- portunities in Higher Education Act would Nini the best in retirement.

VerDate jul 14 2003 05:39 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A09SE8.057 E09PT1 September 9, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1747 PERSONAL EXPLANATION described as the chronicler of the political led over 1,000 guerillas in the Philippines and landscape and people of Hudson County and was awarded the Silver Star and the Phil- HON. SUE WILKINS MYRICK the State of New Jersey. ippines Legion of Honor for gallantry in action. OF NORTH CAROLINA In the three decades that I was fortunate It was also during his military service that he enough to know and work with Peter Weiss, contracted polio. Throughout his life, Mr. Ben- IN THE HOUSE OF REPRESENTATIVES he abided by the highest journalistic standards nett never let the debilitating disease prevent Tuesday, September 9, 2003 and pursued his stories in Hudson County, him from his duties as a lawmaker. Mrs. MYRICK. Mr. Speaker, I was unable to New Jersey, with honesty and dedication. In 1948, he was elected to the U.S. House participate in the following votes due to a per- From my early start in politics when, as a 20Ð of Representatives and served 22 consecutive sonal matter that kept me at home. If I had year-old, I ran for school board and hand-de- terms. Voting over 18,000 times during his ca- been present, I would have voted as follows: livered my first press release to him, to the reer, Charlie Bennett missed only a handful of SEPTEMBER 3, 2003 more recent race for House Democratic Cau- procedural votes and became known for not Rollcall vote 460, on H.Res. 350, congratu- cus Chairman, Peter Weiss always kept a missing a single legislative vote between June lating Lance Armstrong for winning the 2003 watchful eye on me. 4, 1951, and January 3, 1993. Tour de France, I would have vote ‘‘yes.’’ Those of us, who had the privilege to work Widely regarded as one of Jacksonville’s Rollcall vote 461, on H.R. 2309, the J. Ste- with Peter Weiss, will miss his boundless en- most trusted public servants, Mr. Bennett was phen Horn Post Office Building Act, I would ergy, wit, and honesty in pursuit of the story nicknamed ‘‘Mr. Clean’’ for sponsoring legisla- have voted ‘‘yes.’’ behind the story. His sense of humor was of tion to create the House Ethics Committee. Rollcall vote 462, on H.R. 1533, to amend such an infectious nature that even the most Once asked to list the most important legisla- the securities laws to permit church pension serious matters could be discussed in a more tion he sponsored, Bennett named the making plans to be invested in collective trusts, I relaxed and friendly environment. of ‘‘In God We Trust’’ as the U.S. motto and would have voted ‘‘yes.’’ He lived and breathed Hudson County poli- requiring it be included on all coins and cur- tics, understood the machinations of our world, rency; creating an ethics code for government SEPTEMBER 4, 2003 brought to light the backroom dealings, the in- service; cosponsorship of the bill enacting the Rollcall vote 465, on the motion to table the fighting and competition among New Jersey’s Americans With Disabilities Act; and legislation motion to reconsider on H. Res. 351, I would powerbrokers, and helped us understand the providing federal assistance toward school have voted ‘‘yes.’’ historical context of present-day politics. He construction. Also notable were his roles in Rollcall vote 469, on the Petri of Wisconsin came to the Jersey Journal in 1970 after hav- creating the Interstate Highway System and amendment to H.R. 2989, I would have voted ing worked at the New York Post and Long Is- the placing of Mayport Naval Station in Jack- ‘‘no.’’ land Press. In those 33 years, his institutional sonville, Florida. Rollcall vote 470, on the Tancredo of Colo- knowledge of Hudson County was second to For his interest in preserving North Florida’s rado amendment to H.R. 2989, I would have none—with his death, we lost what amounts to natural environment, Charlie Bennett became voted ‘‘yes.’’ the national archives for Hudson County. known as Mr. St. Johns River. As Florida’s Rollcall vote 471, on the Hastings of Florida Throughout the recurring turbulence of Hud- longest serving congressman and one of the amendment to H.R. 2989, I would have voted son County politics, Peter Weiss was always longest serving members of Congress in this ‘‘no.’’ a reliable, steady, and, above all, honest nation’s history, Mr. Bennett led efforts to Rollcall vote 472, on the Hooley of Oregon force. And with every request for an interview clean up and restore the St. Johns River and amendment to H.R. 2989, I would have voted from Peter Weiss, I knew we would embark on preserve its cultural and historical significance ‘‘no.’’ a new adventure. As his own paper described, for future generations. He worked to conserve Rollcall vote 473, on the Kennedy of Min- ‘‘He savored the scene as a chess player who and enhance wetlands and was instrumental nesota amendment to H.R. 2989, I would have took delight in anticipating the next moves. For in the creation of the Fort Caroline Memorial voted ‘‘yes.’’ him, though, it was the progression of the and the Timucuan Preserve near Jacksonville. Rollcall vote 474, on the Jackson-Lee of game that was most fascinating, not the end Mr. Bennett was a member of the Jacksonville Texas amendment to H.R. 2989, I would have result.’’ Historical Society and wrote several books on voted ‘‘no.’’ Peter Weiss, the Brooklyn native and grad- Northeast Florida’s environment and early his- Rollcall vote 475, on the Cooper of Ten- uate of Erasmus Hall High School and Long tory. nessee amendment to H.R. 2989, I would Island University, was a kind, warm, and self- I am fortunate to have known Charlie Ben- have voted ‘‘no.’’ less man, who will be missed dearly. As we all nett throughout my life, He was a good family SEPTEMBER 5, 2003 come to terms with this immeasurable loss, friend. Mr. Bennett and my father practiced Rollcall vote 476, on the motion to instruct our thoughts and prayers are with his wife, law together and served in the Army during conferees on H.R. 6, I would have voted ‘‘no.’’ Margaret Schmidt, loved ones and the entire World War II. It was when my father was sta- Rollcall vote 477, on the motion to instruct Jersey Journal family. We will always feel his tioned in Texas and my mother was about to conferees on H.R. 1308, I would have voted presence in our midst, and will never forget give birth to my brother that Charlie sent my ‘‘no.’’ him and the incredible void he leaves behind. parents a box of Florida sand. Charlie said he Rollcall vote 478, on the Tom Davis of Vir- f wanted the baby born over Florida soil. That ginia amendment to H.R. 2765, I would have was vintage Charlie Bennett. voted ‘‘yes.’’ REMEMBERING CHARLIE BENNETT Charlie Bennett was well known and re- Rollcall vote 479, on the Norton of the Dis- spected. He served in Congress with honor trict of Columbia amendment to H.R. 2765, I HON. ANDER CRENSHAW and dedication. He set an example we can all would have voted ‘‘no.’’ OF FLORIDA recall as we ponder what it means to be a Rollcall vote 480, on the Hefley of Colorado IN THE HOUSE OF REPRESENTATIVES public servant. Mr. Bennett demonstrated his amendment to H.R. 2765, I would have voted Tuesday, September 9, 2003 convictions and those values that enable peo- ‘‘yes.’’ ple to place faith in their government. Charlie f Mr. CRENSHAW. Mr. Speaker, this past Bennett was a good man. He was an institu- Saturday the nation lost a man who lived his tion. Charlie Bennett’s life is a model for law- IN MEMORY OF PETER WEISS entire life as a public servant. Charles Edward makers everywhere and at every level of gov- Bennett was a lawyer, a soldier, an author, ernment. He will be missed. and a legislator. He will be remembered for HON. ROBERT MENENDEZ f OF NEW JERSEY representing the views of his constituents, his IN THE HOUSE OF REPRESENTATIVES impeccable voting record, his admirable eth- PERSONAL EXPLANATION ics, and for creating an environmental legacy Tuesday, September 9, 2003 in Northeast Florida to be treasured by past, HON. CIRO D. RODRIGUEZ Mr. MENENDEZ. Mr. Speaker, today I rise present, and future generations. OF TEXAS in honor of my friend and Jersey Journal polit- Charlie Bennett began his public career in IN THE HOUSE OF REPRESENTATIVES ical editor and columnist Peter Weiss, who the Florida State House of Representatives in passed away unexpectedly on Saturday, Sep- 1941. After serving only one term in office, he Tuesday, September 9, 2003 tember 6, 2003. In the countless tributes to his enlisted in the U.S. Army and served in the in- Mr. RODRIGUEZ. Mr. Speaker, I rise to life since his passing, Peter Weiss has been fantry during World War II. He courageously convey remorse at having missed two votes

VerDate jul 14 2003 05:39 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A09SE8.060 E09PT1 E1748 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 2003 on an issue of great significance to me as a As the son of a school superintendent and create a presumption that the terrorist suspect former educator, a vote against vouchers and a teacher, Mr. Arvon was raised with a spirit is a flight risk and would pose a danger to the a vote in favor of our public school system. of education. From a very early age, he community if released. This provision will help Unfortunately, I was called to act in my ca- showed great enthusiasm for education while keep dangerous terrorists where they belong: pacity as the Chairman of the Congressional being involved with his parents as they per- in prison. Hispanic Caucus to host a series of important formed their educational endeavors. This spirit In addition, this legislation gives discretion candidate debates that will have serious impli- has thrived throughout the years in the Arvon to judges to impose lifetime supervision of ter- cations on the future and direction of this family with many of Manny’s relatives working rorists once they are released from prison. country. in education and his son planning to enter the Specifically, the bill would grant the judge this If I had been present I would have voted field in the near future. discretion for all terrorist offenses, not just ‘‘no’’ on rollcall No. 478, an amendment of- Mr. Arvon began a career as an elementary those that result in death or serious injury. fered by Representative DAVIS, to H.R. 2765, school teacher before moving on to adminis- This provision will ensure that these who are the fiscal year 2004 appropriations bill for the trative responsibilities first as a principal and convicted of terrorist crimes, including cyber District of Columbia. then as an assistant superintendent before terrorists and those that fund terrorist activi- If I had been present I would have voted being named Superintendent of Berkeley ties, will not be allowed to re-enter society and ‘‘yes’’ on rollcall No. 479, an amendment of- County Schools in 1996. re-ignite their efforts against the United States. fered by Representative NORTON, to H.R. While Mr. Arvon has proven himself to be America simply cannot take the chance that 2765, the fiscal year 2004 appropriations bill more than capable of performing the everyday terrorists will stop engaging in terrorist activi- for the District of Columbia. tasks of a superintendent, his leadership abili- ties merely because they haves served their As responsible members of Congress we ties also have shone through greatly as Berke- time in prison. Giving judges the discretion to must focus on ensuring all students in the Dis- ley County has weathered the demands of a supervise these heinous and dangerous crimi- trict of Columbia, and across the country, have rapidly increasing enrollment, infrastructure nals after they are released from prison will the tools for success. We must provide the needs, and budget challenges. Furthermore, help ensure the safety of America and her citi- necessary resources to ensure that all of our Mr. Arvon has made strides in fostering an ex- zens. students have access to the proven keys to citement for education among both his staff I believe that this is a good, commonsense educational success—smaller class sizes, and the community. bill that is necessary for the safety of our more parental involvement, up to date mate- I commend Mr. Arvon for his outstanding country. I urge each of my colleagues to sup- rials, and high quality instruction. performance as Superintendent of Berkeley port this important legislation. We should not give up on our public County Schools. This award is greatly de- schools. Especially now just as reform efforts served and only confirms Mr. Arvon’s wonder- f in D.C. are showing results. According to the ful job performance throughout his thirty-year D.C. Board of Education, recent reforms have tenure in education. The students of Berkeley TRIBUTE TO BISHOP EARNEST resulted in improved test scores for public County, West Virginia have benefited greatly EUGENE BALTIMORE school students and academic gains in low- from his dedication and innovation. I wish him performing schools. By contrast, there is no the lest of luck in the national competition and HON. SHELLEY MOORE CAPITO evidence that vouchers will improve achieve- I am proud to recognize him as an example of OF WEST VIRGINIA ment for disadvantaged students. leadership for educators everywhere. Vouchers will not increase parental choice. Mr. Speaker, I urge my colleagues to join IN THE HOUSE OF REPRESENTATIVES Under voucher plans, the choice is in the me in recognition of Mr. Manny Arvon, 2003Ð Tuesday, September 9, 2003 hands of private schools, which can decide 2004 West Virginia School Superintendent of Mrs. CAPITO. Mr. Speaker, I ask the House whether or not to participate in a voucher pro- the Year. of Representatives to join me in recognizing gram and can discriminate in admissions. f Bishop Earnest Eugene Baltimore of Ranson, Finally, when I supported the No Child Left West Virginia. Bishop Baltimore passed away Behind (NCLB) Act in the last Congress it was INTRODUCTION OF THE PRETRIAL in 1999 after serving as senior pastor of King’s with the understanding that as a country we DETENTION AND LIFETIME SU- Apostle Holiness Church of God for 51 years. were focused on raising the level of account- PERVISION OF TERRORISTS ACT On August 17. 2003, Bishop Baltimore’s ability for the schooling of our children. The OF 2003 achievements were recognized through the implementation of voucher programs like this establishment of a scholarship fund in his undermines the public accountability compo- HON. BOB GOODLATTE honor and the placing of a memorial plague at nent of NCLB. Private schools would not have OF VIRGINIA Lancaster Circle in Ranson. to account to the public for how they spend IN THE HOUSE OF REPRESENTATIVES Bishop Baltimore’s accomplishments and tax dollars or require their students to meet Tuesday, September 9, 2003 the same standards or take the same assess- dedication to the community are countless. ments as public school students. Mr. GOODLATTE. Mr. Speaker, I am Many remember him as the former President Mr. Speaker, I appreciate the understanding pleased to introduce today the Pretrial Deten- of the Jefferson County NAACP; President of of the House and my constituents on this tion and Lifetime Supervision of Terrorists Act the South Jefferson Ministerial Association, issue. of 2003. Vice President of the School of Hope, and Councilman and Member of the Sanitation and f In a time when our country faces height- ened security alerts and continues to battle Finance Committees for the City of Ranson. HONORING MANNY ARVON, SUPER- against those that would harm our citizens, we He also served as a Board Member for the INTENDENT OF BERKELEY COUN- cannot risk allowing terrorists to be set free United Givers Fund and Free Our Citizens of TY SCHOOLS while waiting for trial. Terrorists are unlikely to Unhealthy Substance Abuse (FOCUS). Bishop scale back their efforts to attack Americans Baltimore was also an active Board Member HON. SHELLEY MOORE CAPITO anytime soon and, likewise, America should of the Jefferson County Memorial Park. OF WEST VIRGINIA not scale back its efforts to fight and eliminate As a man of devout faith, Bishop Baltimore IN THE HOUSE OF REPRESENTATIVES terrorism in all its forms. preached every Sunday and presided over This commonsense legislation cracks down hundreds of weddings, funerals, revivals, and Tuesday, September 9, 2003 on terrorists by creating a presumption to deny baptisms in West Virginia and around the Mrs. CAPITO. Mr. Speaker, I rise today in the pre-trial release of those that commit ter- country. He also provided local radio minis- honor of Manny Arvon, Superintendent of rorist crimes. Terrorists, and those that fund tering during Sunday worship service and trav- Berkeley County Schools, West Virginia, in terrorists, are often highly organized. Because eled and ministered extensively across the recognition of his commitment to education of the highly organized nature of most terrorist United States and throughout the World. and talent as an administrator. Mr. Arvon was groups, the pre-trial release of these criminals In honor of Bishop Baltimore’s longstanding recently honored by being named West Vir- would create unnecessary and extremely dan- commitment to his community, I ask my ginia School Superintendent of the Year for gerous opportunities for terrorist groups to friends in West Virginia and my colleagues 2003Ð2004. Mr. Arvon is now under consider- help these suspects flee the country before here in Congress to join me in remembering ation for the National School Superintendent they could be brought to justice. This bill adds the great accomplishments of Bishop E.E. Bal- of the Year. terrorist offenses to the list of offenses that timore.

VerDate jul 14 2003 05:39 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\K09SE8.001 E09PT1 September 9, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1749 HONORING THOMAS HUDNER AND sure that Koreans can have the same advan- area aboard the arriving helicopter. Fighting THE HEROES OF THE KOREAN tages and freedoms we enjoy here at home. against snow, sub-zero temperatures and WAR Representative of the sacrifices of this enemy forces, Hudner tried to put out the fire group of heroes is Congressional Medal of and save his comrade. Unfortunately, the inju- HON. WILLIAM D. DELAHUNT Honor recipient and former Massachusetts ries suffered by Brown were fatal. For his OF MASSACHUSETTS Commissioner of Veterans Services, Thomas bravery and courage Thomas Hudner was IN THE HOUSE OF REPRESENTATIVES Hudner. Born in Fall River, Massachusetts in decorated with the Congressional Medal of 1924, Mr. Hudner attended the prestigious Honor by President Truman in 1951. Tuesday, September 9, 2003 Phillips Academy and then enrolled in the U.S. Mr. DELAHUNT. Mr. Speaker, I rise today Naval Academy at Annapolis. Trained to be a After the war, Thomas Hudner continued his to pay tribute to the brave men who fought to Naval Aviator, Lieutenant (jg) Hudner received military career in the Navy until his retirement preserve the ideals of liberty and freedom orders to go to Korea, where his ship, the in 1973. He continued to live and work in the from oppression that threatened to engulf the USS Leyte, arrived in October of 1950. Boston area. Like others of his generation, entire Korean peninsula back in the summer Though enemy naval units were not a major when our country needed them, they an- of 1950. On Sunday, July 27, 2003, in the threat, providing support to U.N. ground forces swered the call. They did their duty, saved town of Abington, Massachusetts, veterans of was still dangerous. and preserved the freedoms we cherish today the Korean War, their families and fellow citi- The character and mettle of the man was and returned home to raise their own families zens will gather to commemorate the 50th an- fully revealed on December 4, 1950, when on during one of America’s greatest eras of pros- niversary of the end of what is often called a mission, the aircraft flown by Ensign Jesse perity. Their legacy is the peace, security and ‘‘The Forgotten War.’’ But in truth it was any- Brown went down in the mountains of North opportunity of today’s America. It is a gift so thing but. The fighting, death and destruction Korea. After confirming that Ensign Brown ini- precious we can never repay them except by was no illusion but a cold hard fact. Over tially survived the crash, the flight leader promising each other to never forget and al- 50,000 Americans were killed, wounded or radioed for assistance and the Marines dis- ways remain vigilant. It has been 50 years taken prisoner. Our allies, the South Koreans, patched a helicopter. Fearing that the fire now since the guns fell silent across the cease fire and the other countries that fought with us enveloping his friend’s plane—or the enemy line in Korea. The passing of time has thinned under the umbrella of the United Nations, also that was in the area—would reach him first, their ranks, but the memories of their deeds in suffered. From the Pusan Perimeter and In- Lieutenant Hudner, at the risk of his own life, fighting for the liberty we enjoy today will chon to the Chosin Reservoir and Pork Chop performed a wheels up crash landing of his never fade. God bless the men of the Korean Hill, so many of our husbands, fathers, sons aircraft and tried to rescue Ensign Brown. The War generation, their families and the United and brothers made the ultimate sacrifice to en- hope was that both could then escape the States of America.

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HIGHLIGHTS The House passed H.R. 2989, making appropriations for the Depart- ments of Transportation and Treasury, and independent agencies for the fiscal year ending September 30, 2004. The House passed H.R. 2765, making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year end- ing September 30, 2004. Senate budsman program for the protection of vulnerable Chamber Action older Americans. Page S11192 Routine Proceedings, pages S11191–S11261 Dodd Amendment No. 1572 (to Amendment No. Measures Introduced: Ten bills and four resolu- 1542), to provide additional funding for grants to tions were introduced, as follows: S. 1593–1602, S. States under part B of the Individuals with Disabil- Res. 219–221, and S. Con. Res. 66. Page S11245 ities Education Act. Pages S11193, S11228 Measures Passed DeWine Amendment No. 1561 (to Amendment No. 1542), to provide funds to support graduate Ed Edmondson United States Courthouse: Senate medical education programs in children’s hospitals. passed H.R. 1668, to designate the United States Page S11193 courthouse located at 101 North Fifth Street in DeWine Amendment No. 1560 (to Amendment Muskogee, Oklahoma, as the ‘‘Ed Edmondson No. 1542), to provide funds to support poison con- United States Courthouse’’, clearing the measure for trol centers. Page S11193 the President. Page S11261 DeWine Amendment No. 1578 (to Amendment Labor, Health and Human Services, Education No. 1542), to provide funding for the Underground Appropriations: Senate continued consideration of Railroad Education and Cultural Program. H.R. 2660, making appropriations for the Depart- Page S11193 ments of Labor, Health and Human Services, and Harkin Amendment No. 1580 (to Amendment Education, and related agencies for the fiscal year No. 1542), to protect the rights of employees to re- ending September 30, 2004, taking action on the ceive overtime compensation. Pages S11193–S11209 following amendments proposed thereto: Schumer Amendment No. 1598 (to Amendment Pages S11192–S11240 No. 1542), to provide additional funding for pro- Pending: grams under the Ryan White Care Act. Specter Amendment No. 1542, in the nature of a Pages S11228–29 substitute. Pages S11192–S11240 Reed Amendment No. 1595 (to Amendment No. Akaka Amendment No. 1544 (to Amendment 1542), to provide funding for home energy assistance No. 1542), to provide funding for the Excellence in needs under the Low-Income Home Energy Assist- Economic Education Act of 2001. Page S11192 ance Act of 1981. Pages S11229–31 Mikulski Amendment No. 1552 (to Amendment Reed Amendment No. 1592 (to Amendment No. No. 1542), to increase funding for programs under 1542), to increase funding for immunization services. the Nurse Reinvestment Act and other nursing Pages S11231–32 workforce development programs. Page S11192 Reed Amendment No. 1596 (to Amendment No. Kohl Amendment No. 1558 (to Amendment No. 1542), to increase funding for certain literacy, li- 1542), to provide additional funding for the om- brary, and museum programs. Pages S11232–34 D967

VerDate jul 14 2003 05:58 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D09SE3.REC D09SE3 D968 CONGRESSIONAL RECORD — DAILY DIGEST September 9, 2003 Corzine Amendment No. 1602 (to Amendment discretionary spending limits and thus be in viola- No. 1542), to restore cuts in student aid. tion of section 504 of H. Con. Res. 95, Congres- Pages S11234–39 sional Budget Resolution, was sustained, and the Reid Amendment No. 1603 (to Amendment No. amendment thus falls. Pages S11226–27 1542), to increase funding for certain education and A unanimous-consent agreement was reached pro- related programs. Page S11239 viding that at 9:45 a.m., on Wednesday, September During consideration of this measure today, the 10, 2003, Senate will begin a series of votes on cer- Senate also took the following actions: tain pending amendments. Page S11240 By 44 yeas to 51 nays (Vote No. 330), three-fifths A unanimous-consent agreement was reached pro- of those Senators duly chosen and sworn, not having viding for further consideration of the bill at 9:30 voted in the affirmative, Senate rejected the motion a.m., on Wednesday, September 10, 2003. to waive section 504 of H. Con. Res. 95, Congres- Page S11260 sional Budget Resolution, with respect to Byrd Executive Communications: Pages S11243–45 Amendment No. 1543 (to Amendment No. 1542), to provide additional funding for education for the Additional Cosponsors: Pages S11245–46 disadvantaged. Subsequently, the point of order that Statements on Introduced Bills/Resolutions: the amendment would exceed discretionary spending Pages S11247–57 limits and thus be in violation of section 504 of H. Additional Statements: Pages S11242–43 Con. Res. 95, Congressional Budget Resolution, was sustained, and the amendment thus falls. Amendments Submitted: Pagess S11257–59 Pages S11192, S11209–15, S11223–25 Authority for Committees to Meet: By 49 yeas to 46 nays (Vote No. 331), three-fifths Pages S11259–60 of those Senators duly chosen and sworn, not having Record Votes: Four record votes were taken today. voted in the affirmative, Senate rejected the motion (Total—333) Pages S11225, S11226, S11227 to waive section 504 of H. Con. Res. 95, Congres- sional Budget Resolution, with respect to Kennedy Adjournment: Senate met at 9:30 a.m., and ad- Amendment No. 1566 (to Amendment No. 1542), journed at 9:11 p.m., until 9:30 a.m., on Wednes- to increase student financial aid by an amount that day, September 10, 2003. (For Senate’s program, see matches the increase in low- and middle-income the remarks of the Acting Majority Leader in today’s family college costs. Subsequently, the point of order Record on pages S11260–61.) that the amendment would exceed discretionary spending limits and thus be in violation of section Committee Meetings 504 of H. Con. Res. 95, Congressional Budget Reso- lution, was sustained, and the amendment thus falls. (Committees not listed did not meet) Pages S11192–93, S11215–16, S11225 By 43 yeas to 51 nays (Vote No. 332), three-fifths MILITARY OPERATIONS ABROAD of those Senators duly chosen and sworn, not having Committee on Armed Services: Committee concluded a voted in the affirmative, Senate rejected the motion hearing to examine U.S. military commitments and to waive section 504 of H. Con. Res. 95, Congres- ongoing military operations abroad, focusing on the sional Budget Resolution, with respect to Durbin war on terrorism, Afghanistan, Iraq, weapons of mass Amendment No. 1591 (to Amendment No. 1542), destruction, and Korea, after receiving testimony to provide funding for the prevention, treatment, from Paul D. Wolfowitz, Deputy Secretary of De- and control of, and research on global HIV/AIDS. fense; Marc I. Grossman, Under Secretary of State for Subsequently, the point of order that the amendment Political Affairs; and General Richard B. Myers, would exceed discretionary spending limits and thus USAF, Chairman of the Joint Chiefs of Staff. be in violation of section 504 of H. Con. Res. 95, Congressional Budget Resolution, was sustained, and SARBANES-OXLEY ACT the amendment thus falls. Pages S11218, S11225–26 Committee on Banking, Housing, and Urban Affairs: By 47 yeas to 47 nays (Vote No. 333), three-fifths Committee concluded a hearing on the implementa- of those Senators duly chosen and sworn, not having tion of the Sarbanes-Oxley Act (Public Law voted in the affirmative, Senate rejected the motion 107–204), focusing on the dramatic change across to waive section 504 of H. Con. Res. 95, Congres- the corporate landscape to re-establish investor con- sional Budget Resolution, with respect to Dodd fidence in the integrity of corporate disclosures and Amendment No. 1597 (to Amendment No. 1542), financial reporting, after receiving testimony from to increase funds for Head Start. Subsequently, the William H. Donaldson, Chairman, U.S. Securities point of order that the amendment would exceed and Exchange Commission.

VerDate jul 14 2003 05:58 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D09SE3.REC D09SE3 September 9, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D969 FEDERAL HOME LOAN BANK SYSTEM examine S. 808, to provide for expansion of Sleeping Committee on Banking, Housing, and Urban Affairs: Bear Dunes National Lakeshore, S. 1107, to enhance Subcommittee on Financial Institutions concluded a the Recreational Fee Demonstration Program for the hearing on the operations of the Federal Home Loan National Park Service, and H.R. 620, to authorize Bank system, focusing on the responsibility that the Secretary of the Interior to provide supplemental Congress has placed with the Federal Home Loan funding and other services that are necessary to assist Banks to enhance the liquidity of financial institu- the State of California or local educational agencies tions, particularly as the Federal Home Loan Bank in California in providing educational services for members meet such community needs as promoting students attending schools located within the Park, home ownership, after receiving testimony from after receiving testimony from Senator Levin; Rep- Wayne A. Abernathy, Assistant Secretary of the resentative Radanovich; P. Lynn Scarlett, Assistant Treasury for Financial Institutions; John T. Korsmo, Secretary of the Interior for Policy, Management and Chairman, Federal Housing Finance Board; Norman Budget; Richard G. Ring, Associate Director for Ad- B. Rice, Federal Home Loan Bank of Seattle, Seattle, ministration, Business Practices, and Workforce De- Washington; Terry C. Smith, Federal Home Loan velopment, National Park Service, Department of the Bank of Dallas, Dallas, Texas; Shelia C. Bair, Interior; Jim Maddy, National Park Foundation, Isenberg School of Management, University of Mas- Washington, D.C.; Robert Funkhouser, Western sachusetts, Amherst; David W. Hemingway, Zions Slope No-Fee Coalition, Norwood, Colorado; and First National Bank, Salt Lake City, Utah, on behalf Ken Olson, Friends of Acadia, Bar Harbor, Maine. of the Federal Home Loan Bank of Seattle; and Mi- DOCUMENT FRAUD chael Middleton, Community Bank of Tri-County, Committee on Finance: Committee concluded a hearing Waldorf, Maryland, on behalf of the Federal Home to examine the homeland security and terrorism Loan Bank of Atlanta. threat from document fraud, identity theft and social TRANSPORTATION SECURITY security number misuse, focusing on security breaches, and firearm purchases, after receiving testi- Committee on Commerce, Science, and Transportation: mony from Asa Hutchinson, Under Secretary of Committee concluded an oversight hearing to exam- Homeland Security for Border and Transportation ine the state of transportation security, focusing on Security; Robert J. Cramer, Managing Director, Of- the effects on commerce, ‘‘beyond the border’’ initia- fice of Special Investigations, U.S. General Account- tives, advance information and technology, and fed- ing Office; James Lockhart, Deputy Commissioner, eral action needed to enhance security efforts, after and Patrick P. O’Carroll, Assistant Inspector General receiving testimony from Jeffery N. Shane, Under for Investigations, both of the Social Security Ad- Secretary of Transportation for Transportation Policy; ministration; John S. Pistole, Acting Assistant Direc- Admiral Thomas H. Collins, Commandant, U.S. tor, Counterterrorism Division, Federal Bureau of In- Coast Guard, Robert C. Bonner, Commissioner of vestigations, and Richard Convertino, Assistant U.S. U.S. Customs and Border Protection, and Admiral Attorney, Eastern District of Michigan, both of the James M. Loy, Administrator, Transportation Secu- Department of Justice; Linda R. Lewis, American rity Administration, all of the Department of Home- Association of Motor Vehicle Administrators, Ar- land Security; and Peter Guerrero, Director, Physical lington, Virginia; Robert Douglas, American Privacy Infrastructure, General Accounting Office. Consultants, Oak Creek, Colorado; and Youssel NOMINATIONS Hmimssa, Rabat, Morocco. Committee on Energy and Natural Resources: Committee NORTH KOREA concluded a hearing on the nominations of Suedeen Committee on Foreign Relations: Committee met in G. Kelly, of New Mexico, to be a Member of the closed session to receive a briefing on the situation Federal Energy Regulatory Commission, who was in- in North Korea from Colin L. Powell, Secretary of troduced by Senator Bingaman; and Rick A. Dear- State. born, of Oklahoma, to be Assistant Secretary of En- ergy for Congressional and Intergovernmental Af- CONTINUITY OF CONGRESS fairs, who was introduced by Senator Sessions, after Committee on the Judiciary: Committee concluded a each nominee testified and answered questions in hearing on a proposed constitutional amendment to their own behalf. allow the appointment of Representatives following a national crisis, focusing on the Constitution, Presi- NATIONAL PARKS dential succession acts, House rules, and other proce- Committee on Energy and Natural Resources: Sub- dures relating to continuity, after receiving testi- committee on National Parks concluded a hearing to mony from Representatives Dreier and Baird; R.

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Doug Lewis, The Election Center, Houston, Texas; National Center for Missing and Exploited Children, Samuel F. Wright, National Defense Committee, Alexandria, Virginia; Stephen Hess, Office of Infor- Arlington, Virginia; and Thad Hall, The Century mation Technology, University of Utah, Salt Lake Foundation, and Norman J. Ornstein, American En- City; Douglas W. Jacobson, Palisade Systems, Ames, terprise Institute, both of Washington, D.C. Iowa; and Alan Morris, Sharman Networks Limited, CHILD PORNOGRAPHY William Barr, Verizon Communications, and Cary Sherman, Recording Industry Association of Amer- Committee on the Judiciary: Committee concluded a ica, all of Washington, D.C. hearing to examine problems and solutions on peer- to-peer networks regarding pornography, technology, and process, focusing on the risk of inadvertent ex- SOCIAL SECURITY PROGRAM posure of juvenile users of peer-to-peer networks to Special Committee on Aging: Committee concluded a pornography, including child pornography, and the hearing on protecting seniors from representative extent of federal law enforcement resources available payee fraud in relation to social security programs, for combating child pornography on peer-to-peer focusing on the current program’s deficiencies and networks, after receiving testimony from Linda D. the way legislation can improve safeguards in the Koontz, Director, Information Management Issues, Representative Payee Program, after receiving testi- General Accounting Office; John Malcolm, Deputy mony from James G. Huse, Jr., Inspector General, Assistant Attorney General, Criminal Division, De- and Fritz Streckewald, Assistant Deputy Commis- partment of Justice; Marybeth Peters, Register of sioner for Program Policy, both of the Social Security Copyrights, U.S. Copyright Office, Library of Con- Administration; Shirley J. Shears, Legal Aid of West gress; Thomas J. Spota, Suffolk County District At- Virginia, Martinsburg; and Jason E. Wills, Commu- torney, Hauppauge, New York; Robbie Callaway, nity Action Partnership, Lewiston, Idaho. h House of Representatives Recess: The House recessed at 1:02 p.m. and recon- Chamber Action vened at 2 p.m. Page H8022 Measures Introduced: 19 public bills, H.R. Transportation, Treasury, and Independent 3035–3053; and 7 resolutions, H. Con. Res. Agencies Appropriations: The House passed H.R. 274–275, and H. Res 359, 361–364, were intro- 2989, making appropriations for the Departments of duced. Pages H8081–82 Transportation and Treasury, and independent agen- Additional Cosponsors: Pages H8082–84 cies for the fiscal year ending September 30, 2004 Reports Filed: Reports were filed as follows: by a yea-and-nay vote of 381 yeas to 39 nays, Roll Supplemental report on H.R. 2622, to amend the No. 489. The bill was also considered on September Fair Credit Reporting Act, to prevent identity theft, 4. Pages H8023–60 improve resolution of consumer disputes, improve Agreed to: the accuracy of consumer records, make improve- Honda amendment that increases the amount of ments in the use of, and consumer access to, credit funding for the Silicon Valley Rapid Transit Cor- information (H. Rept. 108–263, Pt. 2); and ridor Project in San Jose, California; Page H8027 H. Res. 360, providing for consideration of the Peterson amendment that restores funding to the bill H.R. 2622, to amend the Fair Credit Reporting essential air service program; Pages H8047–48 Act, to prevent identity theft, improve resolution of Flake amendment that prohibits the use of funds consumer disputes, improve the accuracy of con- to enforce restrictions on U.S. citizens traveling to Cuba (agreed to by a recorded vote of 227 ayes to sumer records, make improvements in the use of, 188 noes, Roll No. 483); Pages H8027–36, H8054–55 and consumer access to, credit information (H. Rept. Delahunt amendment, No. 2 printed in the Con- 108–267). Page H8081 gressional Record of September 3, that prohibits the Speaker Pro Tempore: Read a letter from the use of funds for enforcing restrictions on remittances Speaker wherein he appointed Representative Cole to made to Cuban nationals or Cuban households act as Speaker pro tempore for today. Page H8019 (agreed to by a recorded vote of 222 ayes to 196 noes, Roll No. 484); Pages H8037–39, H8055–56

VerDate jul 14 2003 05:58 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D09SE3.REC D09SE3 September 9, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D971 Sanders amendment that prohibits the use of prohibit funds for the IRS to use in collecting taxes funds to assist in overturning the federal court’s rul- on certain disaster assistance grants given in New ing in the action entitled Kathi Cooper, Beth Har- York City after the September 11 terrorist attack; rington, and Matthew Hillesheim, Individually and and Pages H8036–37 on Behalf of All Those Similarly Situated vs. IBM Mica amendment that sought to prohibit funding Personal Pension Plan and IBM Corporation (agreed to Amtrak unless the company submits all quarterly to by a recorded vote of 258 ayes to 160 noes, Roll and annual reports required under Public Law No. 485); Pages H8039–43, H8056 107–204, the Sarbanes-Oxley corporate account- Van Hollen amendment that prohibits the use of ability law. Pages H8052–53 funds to implement the revisions to OMB Circular H. Res 351, the rule that provided for consider- A–76 (agreed to by a recorded vote of 220 ayes to ation of the bill was agreed to on September 4. 198 noes, Roll No. 487); and A unanimous consent agreement, reached on Sep- Pages H8043–48, H8057–58 tember 4, limited the number of amendments of- Davis of Florida amendment that prohibits the use of funds to implement or enforce regulations that fered on the bill. would eliminate educational exchanges with Cuba Recess: The House recessed at 6:11 p.m. and recon- (agreed to by a recorded vote of 246 ayes to 173 vened at 6:30 p.m. Page H8053 noes, Roll No. 488). Pages H8050–52, H8058 District of Columbia Appropriations: The House Rejected: passed H.R. 2765, making appropriations for the Hefley amendment, No. 6 printed in the Congres- government of the District of Columbia and other sional Record of September 3, that sought to cut the activities chargeable in whole or in part against the total amount of discretionary funding by 1% (re- revenues of said District for the fiscal year ending jected by a recorded vote of 87 ayes to 326 noes, September 30, by a yea-and-nay vote of 210 yeas to Roll No. 481); Pages H8024, H8053 206 nays, Roll No. 491. The bill was also considered Sessions amendment, No. 24 printed in the Con- gressional Record of September 3, that sought to on September 5. Pages H8060–62 prohibit funding for Amtrak routes that do not re- On the demand for a separate vote on the Tom coup 50 cents in revenue per one dollar spent on op- Davis of Virginia amendment to authorize a school erating the route (rejected by a recorded vote of 130 voucher program that was agreed to in the Com- ayes to 282 noes, Roll No. 482); and mittee of the Whole on September 5, the House Pages H8025–27, H8054 agreed to the amendment by a recorded vote of 209 Hastings amendment, No. 5 printed in the Con- ayes to 208 noes, Roll No. 490. Page H8061 gressional Record of September 3, that prohibits the The bill was considered pursuant to the order of OMB from using funds in the bill to require that the House of July 25, 2003. agencies establish an inventory of inherently govern- National Defense Authorization Act—Motion to mental activities performed by federal employees, es- Instruct Conferees: Representative Edwards an- tablish or implement any streamlined competition nounced his intention to offer a motion to instruct procedures, require any follow-up competition for conferees on H.R. 1588, National Defense Author- public-private competitions won by federal employ- ization Act for Fiscal Year 2004. Page H8063 ees, or implement the trade-off source selection proc- ess for any activities other than information tech- Medicare Prescription Drug Benefit—Motion to nology activities (rejected by a recorded vote of 205 Instruct Conferees: Representative Michaud an- ayes to 211 noes, Roll No. 486). nounced his intention to offer a motion to instruct Pages H8048–50, H8056–57 conferees on H.R. 1, Medicare Prescription Drug and Withdrawn: Modernization Act of 2003. Page H8063 Manzullo amendment, No. 1 printed in the Con- Tax Relief, Simplification, and Equity Act Mo- gressional Record of July 24, that was offered and tion to Instruct Conferees: Representative Davis of subsequently withdrawn, that sought to specify that Tennessee announced his intention to offer a motion in the acquisition of goods and services in compli- to instruct conferees on H.R. 1308, Tax Relief, Sim- ance with the Buy American Act, such goods will plification, and Equity Act of 2003. Page H8063 qualify as being ‘‘U.S.-made’’ only if at least sixty- five percent of the product is produced in the Senate Message: Message received from the Senate today appears on page H8019. United States. Pages H8024–25 Point of order sustained against: Senate Referral: S. Con. Res. 64 and S. Con. Res. Maloney amendment, No. 14 printed in the Con- 65 were referred to the Committee on Armed Serv- gressional Record of September 3, that sought to ices. Page H8077

VerDate jul 14 2003 05:58 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D09SE3.REC D09SE3 D972 CONGRESSIONAL RECORD — DAILY DIGEST September 9, 2003 Amendments: Amendments ordered printed pursu- Relations and the Census held an oversight hearing ant to the rule appear on page H8084–88 . entitled ‘‘Advancements in Smart Card and Biomet- Adjournment: The House met at 2 p.m. and ad- ric Technology.’’ Testimony was heard from the fol- journed at 11:40 p.m. lowing officials of the GAO: Joel Willemssen, Man- aging Director of IT Management; and Keith Rhodes, Chief Technologist; Sandy Bates, Commis- Committee Meetings sioner, Federal Technology Services, GSA; Ken HIGHER EDUCATION ACT—GRADUATE Scheflen, Director, Defense Manpower Data Center PROGRAMS (East), Department of Defense; Benjamin Wu, Under Committee on Education and the Workforce: Sub- Secretary, Technology, National Institute of Stand- committee on Select Education held a hearing enti- ards and Technology, Department of Commerce; and tled ‘‘Beyond Baccalaureate: Graduate Programs in public witnesses. the Higher Education Act.’’ Testimony was heard MISCELLANEOUS MEASURES from public witnesses. Committee on International Relations: Subcommittee on FAIRNESS TO CONTACT LENS CONSUMERS Europe approved for full Committee action the fol- ACT lowing measures: H. Res. 356, expressing the sense Committee on Energy and Commerce: Subcommittee on of the House of Representatives regarding the man- Commerce, Trade and Consumer Protection held a made famine that occurred in Ukraine in hearing on H.R. 2221, Fairness to Contact Lens 1932–1933; and H. Res. 355, Commemorating the Consumers Act. Testimony was heard from J. How- 100th anniversary of diplomatic relations between ard Beales III, Director, Bureau of Consumer Protec- the United States and Bulgaria. tion, FTC; Robert L. Hubbard, Director, Litigation, FAIR AND ACCURATE CREDIT Antitrust Bureau, Office of the Attorney General, TRANSACTIONS ACT State of New York; and public witnesses. Committee on Rules: Granted, by voice vote, a modi- EPA ELEVATION TO DEPARTMENT LEVEL fied open rule providing 1 hour of general debate on Committee on Government Reform: Subcommittee on H.R. 2622, Fair and Accurate Credit Transactions Energy Policy, Natural Resources and Regulatory Act of 2003. The rule waives all points of order Affairs held a hearing entitled ‘‘Elevation of the EPA against consideration of the bill. The rule provides to Department Level Status: Federal and State that the amendment in the nature of a substitute Views,’’ and on H.R. 37 and H.R. 2138, Depart- recommended by the Committee on Financial Serv- ment of Environmental Protection. Testimony was ices now printed in the bill shall be considered as heard from James L. Connaughton, Chairman, Coun- an original bill for the purpose of amendment, and cil on Environmental Quality; Marianne L. Horinko, shall be considered as read. The rule waives all Acting Administrator, EPA; Warren Chisum, mem- points of order against the committee amendment in ber, House of Representatives, State of Texas; How- the nature of a substitute. The rule makes in order ard Roitman, Director, Environmental Programs, only those amendments to the committee amend- Department of Public Health and Environment, ment that are printed in the Congressional Record State of Colorado; Ron Hammerschmidt, Director, or are pro forma amendments for the purpose of de- Division of Environment, Department of Health and bate. The rule provides that each amendment printed Environment, State of Kansas; and public witnesses. in the Congressional Record may be offered only by the Member who caused it to be printed or a des- COMBATING TERRORISM ignee, and that each amendment shall be considered Committee on Government Reform: Subcommittee on as read. Finally, the rule provides one motion to re- National Security, Emerging Threats and Inter- commit with or without instructions. Testimony was national Relations, hearing on Combating Terrorism: heard from Chairman Oxley and Representatives Preparing and Funding First Responders. Testimony Shadegg, Ose Frank of Massachusetts, Hooley of Or- was heard from former Senator Warren Rudman of egon and Inslee. New Hampshire; Adrian H. Thompson, Chief, Fire CHARITABLE GIVING ACT; BUDGET, and EMS Department, District of Columbia; and WASTE, FRAUD AND ABUSE LETTER public witnesses. Committee on Ways and Means: Ordered reported, as OVERSIGHT—ADVANCEMENTS IN SMART amended, H.R. 7, Charitable Giving Act of 2003. CARD AND BIOMETRIC TECHNOLOGY The Committee also approved the Budget, Waste, Committee on Government Reform: Subcommittee on Fraud and Abuse letter to be forwarded to the Com- Technology, Information Policy, Intergovernmental mittee on the Budget.

VerDate jul 14 2003 05:58 Sep 10, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D09SE3.REC D09SE3 September 9, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D973 ‘‘PERSPECTIVES ON HOUSE REFORM: Committee on Financial Services, hearing on the Depart- FORMER HOUSE LEADERS’’ ment of the Treasury’s views on the regulation of govern- ment sponsored enterprises, 10 a.m., 2128 Rayburn. Select Committee on Homeland Security; Subcommittee Committee on Government Reform, Subcommittee on Gov- on Rules held a hearing entitled ‘‘Perspectives on ernment Efficiency and Financial Management, oversight House Reform: Former House Leaders.’’ Testimony hearing entitled ‘‘Developing Sound Business Practices at was heard from the following former Speakers of the the Department of Homeland Security,’’ 2 p.m., 2203 House: Newt Gingrich, Georgia; and Tom Foley, Rayburn. Subcommittee on Human Rights and Wellness, hear- Washington; and former Representatives Bob Walk- ing entitled ‘‘The SV–40 Virus: Has Tainted Polio Vac- er of Pennsylvania; and Lee Hamilton of Indiana. cine Caused an Increase in Cancer?’’ 2 p.m., 2154 Ray- burn. Subcommittee on Technology, Information Policy, Joint Meetings Intergovernmental Relations and the Census, hearing en- titled ‘‘Worm and Virus Defense: How Can We Protect OSCE the Nation’s Computers From These Threats?’’ 10 a.m., 2154 Rayburn. Commission on Security and Cooperation in Europe (Hel- Committee on the Judiciary, to mark up the following: sinki Commission): Committee concluded a hearing to H.R. 1038, Public Lands Fire Regulations Enforcement examine U.S. policy toward the Organization for Se- Act of 2003; H.J. Res. 63, Compact of Free Association curity and Cooperation in Europe (OSCE), after re- Amendments Act of 2003; H.R. 2134, Bail Bond Fair- ness Act of 2003; a measure to authorize appropriations ceiving testimony from A. Elizabeth Jones, Assistant for the Department of Justice for fiscal years 2004 and Secretary for European and Eurasian Affairs, and 2005; H.R. 2152, to amend the Immigration and Na- Lorne W. Craner, Assistant Secretary for Democracy, tionality Act to extend for an additional 5 years the spe- Human Rights, and Labor, both of the Department cial immigrant religious worker program; and H.R. 2714, of State. State Justice Institute Reauthorization Act of 2003, 10 a.m., 2141 Rayburn. f Committee on Resources, Subcommittee on Water and COMMITTEE MEETINGS FOR WEDNESDAY, Power, hearing on the following: H.R. 142, to amend the SEPTEMBER 10, 2003 Reclamation Wastewater and Groundwater Study and Fa- cilities Act to authorize the Secretary of the Interior to (Committee meetings are open unless otherwise indicated) participate in the Inland Empire regional water recycling Senate project, to authorize the Secretary to carry out a program to assist agencies in projects to construct regional brine Committee on Finance: business meeting to consider a lines in California, and to authorize the Secretary to par- substitute to H.R. 4, to reauthorize and improve the pro- ticipate in the Lower Chino Dairy Area desalination dem- gram of block grants to States for temporary assistance for onstration and reclamation project; H.R. 1156, to amend needy families, improve access to quality child care, and the Reclamation Wastewater and Groundwater Study and S. 622, to amend title XIX of the Social Security Act to Facilities Act to increase the ceiling on the Federal share provide families of disabled children with the opportunity of the costs of phase I of the Orange County, California, to purchase coverage under the Medicaid program for Regional Water Reclamation Project; H.R. 2960, to such children, 10 a.m., SD–215. amend the Reclamation Wastewater and Groundwater Committee on Governmental Affairs: Subcommittee on Study and Facilities Act to authorize the Secretary of the Oversight of Government Management, the Federal Interior to participate in the Brownsville Public Utility Workforce, and the District of Columbia, to hold hear- Board water recycling and desalinization project; and ings to examine the cause of the August 2003 Northeast H.R. 2991, to amend the Reclamation Wastewater and blackouts, and what the federal government can do to en- Groundwater Study and Facilities Act to authorize the sure that blackouts of this magnitude do not occur again, Secretary of Interior to participate in the Inland Empire 9 a.m., SD–342. regional recycling project in the Cucamonga County Committee on the Judiciary: Subcommittee on Terrorism, Water District recycling project, 2 p.m., 1324 Long- Technology and Homeland Security, to hold hearings to examine terrorism two years after 9/11, 10 a.m., SD–226. worth. Committee on Science, hearing on NASA’s Response to House the Columbia Report, 10 a.m., 2318 Rayburn. Committee on Agriculture, to consider a Letter to the Committee on Small Business, hearing on the WTO’s Committee on the Budget as required by the Resolution Challenge to the FSC/ETI Rules and the Effect on Amer- on the Budget for Fiscal Year 2004, 10 a.m., 1300 Long- ica’s Small Businesses, 2 p.m., 2360 Rayburn. worth. Committee on Transportation and Infrastructure, Sub- Committee on Energy and Commerce, to consider the fol- committee on Economic Development, Public Buildings lowing measures: the Health Care Safety Net Amend- and Emergency Management, oversight hearing on Reau- ments Technical Corrections Act of 2003; H.R. 3034, thorization of the John F. Kennedy Center for Performing National Bone Marrow Donor Registry Reauthorization Arts, 10 a.m., 2253 Rayburn. Act; H.R. 1813, Torture Victims Relief Reauthorization Select Committee on Homeland Security, hearing entitled Act of 2003; and H.R. 1260, Animal Drug User Fee Act, ‘‘Perspectives on 9–11: Building Effectively on Hard Les- 10 a.m., 2123 Rayburn. sons,’’ 2:30 a.m., 2175 Rayburn.

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Next Meeting of the SENATE consumer access to, credit information, and for other purposes 9:30 a.m., Wednesday, September 10 (open rule, one hour of general debate). Continue consideration of Ruppersberger motion to instruct Senate Chamber conferees on H.R. 1308, Tax Relief, Simplification, and Equity Act. Program for Wednesday: Senate will continue consideration Consideration of Suspensions: of H.R. 2660, making appropriations for the Departments of 1. H.R. 2595, to restore the operation of the Native Amer- Labor, Health and Human Services, and Education, and related ican Veteran Housing Loan Program during fiscal year 2003 to agencies for the fiscal year ending September 30, 2004, with the scope of that program as in effect on September 30, 2002; a series of votes to occur on certain pending amendments be- 2. H.R. 2433, Health Care for Veterans of Project 112/ ginning at 9:45 a.m. Project SHAD Act of 2003; 3. H. Res. 315, congratulating Rafael Palmeiro of the Texas Rangers for hitting 500 major league home runs and thanking Next Meeting of the HOUSE OF REPRESENTATIVES him for being a role model for the Cuban American commu- 10 a.m., Wednesday, September 10 nity, as well as for all Americans; 4. H. Res. 266, commending the Clemson University Tigers men’s golf team for winning the 2003 National Collegiate Ath- House Chamber letic Association Division I Men’s Golf Championship; Program for Wednesday: Consideration of H.R. 2622, to 5. H.R. 978, to amend chapter 84 of title 5, United States amend the Fair Credit Reporting Act, to prevent identity theft, Code, to provide that certain Federal annuity computations are improve resolution of consumer disputes, improve the accuracy adjusted by 1 percentage point relating to periods of receiving of consumer records, make improvements in the use of, and disability payments; and 6. H.R. ll honoring the Dali Lama.

Extensions of Remarks, as inserted in this issue

HOUSE Cramer, Robert E. (Bud), Jr., Ala., Hart, Melissa A., Pa., E1734 Pallone, Frank, Jr., N.J., E1736 E1741 Hunter, Duncan, Calif., E1736 Pascrell, Bill, Jr., N.J., E1735 Acevedo-Vila´ , Anı´bal, Puerto Rico, Crenshaw, Ander, Fla., E1747 Johnson, Nancy L., Conn., E1746 Petri, Thomas E., Wisc., E1735 E1743 Delahunt, William D., Mass., E1749 Jones, Walter B., N.C., E1734 Rodriguez, Ciro D., Tex., E1747 DeLauro, Rosa L., Conn., E1733, E1734 McKeon, Howard P. ‘‘Buck’’, Calif., Bell, Chris, Tex., E1736 Roybal-Allard, Lucille, Calif., E1741 DeLay, Tom, Tex., E1742 E1735 Bilirakis, Michael, Fla., E1741 Duncan, John J., Jr., Tenn., E1738, Meek, Kendrick B., Fla., E1737 Shays, Christopher, Conn., E1737 Calvert, Ken, Calif., E1741, E1743 E1745 Menendez, Robert, N.J., E1747 Towns, Edolphus, N.Y., E1739 Capito, Shelley Moore, W.Va., E1748, Farr, Sam, Calif., E1737 Miller, George, Calif., E1744 Visclosky, Peter J., Ind., E1739 E1748 Frost, Martin, Tex., E1743 Myrick, Sue Wilkins, N.C., E1747 Walsh, James T., N.Y., E1735 Cardin, Benjamin L., Md., E1735 Goodlatte, Bob, Va., E1748 Ney, Robert W., Ohio, E1733, E1733, Wilson, Heather, N.M., E1733, E1733 Castle, Michael N., Del., E1738 Green, Gene, Tex., E1740 E1734, E1734 Cole, Tom, Okla., E1746 Harris, Katherine, Fla., E1745 Oxley, Michael G., Ohio, E1736, E1742

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