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

Vol. 150 WASHINGTON, TUESDAY, APRIL 27, 2004 No. 55 House of Representatives The House met at 12:30 p.m. and was ence of 19 survivors, the community of Ottoman Empire between 1915 and 1923, called to order by the Speaker pro tem- Worcester paid homage to the martyrs where one-and-a-half million Armenians pore (Mr. BOOZMAN). and survivors of the Armenian Geno- were killed and over half-a-million survivors were exiled. f cide and their descendents. Our city has been especially blessed by the Mr. Speaker, last May, the House presence and contributions of a large and DESIGNATION OF SPEAKER PRO Committee on the Judiciary reported vital Armenian community. Each year we TEMPORE out House Resolution 193. We have been come to this church to recognize, honor and The SPEAKER pro tempore laid be- waiting for nearly 1 year now for the remember that this rich heritage is, in part, fore the House the following commu- Speaker of the House to schedule this a sad inheritance paid with the blood of mil- lions of innocent men, women and children. nication from the Speaker: bill for a debate and for a vote, and I would urge at this time that the I know that most of you are aware that WASHINGTON, DC, legislation has been introduced in the U.S. April 27, 2004. Speaker schedule this bill as quickly as House of Representatives which reaffirms I hereby appoint the Honorable JOHN possible so that the House of Rep- U.S. support for the Genocide Convention, BOOZMAN to act as Speaker pro tempore on resentatives may join those nations calls upon the president and the U.S. govern- this day. and those scholars who affirm the ment to work to prevent future genocides, J. DENNIS HASTERT, Genocide Convention and recognize the and recognizes the Armenian Genocide. Speaker of the House of Representatives. Armenian Genocide and Holocaust as This bill, H. Res. 193, has 110 bipartisan co- sponsors and was reported out of the House f genocides of the 20th century. Mr. Speaker, I am submitting for the Judiciary Committee last May. It has been MORNING HOUR DEBATES waiting for nearly one year now for the RECORD comments I made at the Arme- Speaker of the House, Dennis Hastert, to put The SPEAKER pro tempore. Pursu- nian Church of Our Savior this past it on the schedule of the House for debate ant to the order of the House of Janu- Sunday. and vote. ary 20, 2004, the Chair will now recog- I would very much like to thank Father I am always amazed that there are those in nize Members from lists submitted by Terzian and the community of faith of the Congress who view this bill as controversial. the majority and minority leaders for Armenian Church of Our Savior for inviting They are influenced, in part, by those voices me once again to this commemoration. It is who continue to deny that the Armenian morning hour debates. The Chair will Genocide or the Holocaust, which is also alternate recognition between the par- one of the great privileges of my office to participate in this annual day of remem- cited in this bill, ever happened. The Turkish ties, with each party limited to not to brance of the martyrs and survivors of the government, for example, claims that the exceed 30 minutes, and each Member, Armenian Genocide. Armenian Genocide does not meet the defini- except the majority leader, the minor- It is a privilege to be in the company of tion of genocide, despite the fact that the fa- ity leader, or the minority whip, lim- our city’s mayor, the Honorable Tim Mur- ther of the Genocide Convention, human ited to not to exceed 5 minutes. ray, and in the company of Councilor Petty, rights pioneer Rafael Lemkin, specifically The Chair recognizes the gentleman Representative Leary, Representative cited the Holocaust and the Armenian Geno- Fresolo, Senator Moore, Senator Glodis, and cide as the two clear instances of genocidal from Massachusetts (Mr. MCGOVERN) Selectman Montocalvo. And I am very much crimes covered by the Convention. for 5 minutes. looking forward to the pleasure of hearing Contrary to the Turkish government’s f the Worcester Chorale perform after their claims, legal scholars, historians, human five-month break, under the continuing lead- rights organizations, journalists and the ma- TIME TO REMEMBER THE ership of Maestro Petrossian. jority of political leaders around the world ARMENIAN GENOCIDE It is also a pleasure for me to share the po- firmly believe and assert that the 1915 mass dium with Nathaniel Mencow, who is so well slaughter of Armenians fits the legal defini- Mr. MCGOVERN. Mr. Speaker, this known for his work as a historian, and who tion of genocide. April marks the 89th anniversary of has worked for so long for the recognition of Israel Charney, the noted genocide and the cataclysmic events that occurred the heroic service of his brother, First Lieu- Holocaust scholar and the editor of the re- in the Turkish Ottoman Empire be- tenant William Martin Mencow, who gave spected Encyclopedia of Genocide, has writ- tween 1915 and 1923, where 1.5 million his life in defense of freedom during World ten extensively about the psychology of Armenians were killed and over a half War II. genocide denial. He has stressed that to deny million survivors were forcibly de- But I am most privileged and most honored the countless deaths of a known event of ported into exile. to be here in the presence of survivors of the genocide is to celebrate those deaths and to send a signal that the power that brought On Sunday, I had the privilege to Armenian Genocide, their descendents, and the descendents of those who perished in the about this destruction is still in force and participate in a service at the Arme- genocide. can be used again when opportunity permits. nian Church of Our Savior in Worces- This April marks the 89th anniversary of To seek to erase agonizing memories—to as- ter, Massachusetts, where in the pres- the cataclysmic events that occurred in the sert that those memories are false—is to

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 00:22 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A27AP7.000 H27PT1 H2380 CONGRESSIONAL RECORD — HOUSE April 27, 2004 openly mock the feelings and sensibilities of Afghanistan. As we confront the threat STOP THE FISCAL MADNESS the victims and their descendents—to once of terrorism in the post-September 11 The SPEAKER pro tempore. Pursu- again victimize the victims. world, I am confident that the Inter- ant to the order of the House of Janu- This is why it is so important to recog- national Republican Institute will con- nize—openly and freely, officially and infor- ary 20, 2004, the gentleman from Mary- mally, every single day—the events of the tinue as an important contributor to land (Mr. HOYER) is recognized for 5 Armenian Genocide. the cause of freedom. minutes during morning hour debates. America, along with the rest of the world, Mr. HOYER. Mr. Speaker, this week is famous for using the words ‘‘never again,’’ f the American people will see that what when speaking about the Armenian Genocide our Republican friends lack in policy and the Holocaust carried out by Nazi Ger- MARRIAGE TAX PENALTY candor they more than make up for in many. Unfortunately, ‘‘never again’’ happens chutzpah. Why do I say that? This over and over again—in Cambodia, in Rwan- The SPEAKER pro tempore. Pursu- week, as we have just heard, the Re- da, in Kosovo, and now in present-day Sudan. ant to the order of the House of Janu- publican majority is expected to take It has been a blessing to me in my work ary 20, 2004, the gentleman from Texas that when genocide threatens any people, up legislation that would permanently (Mr. DELAY) is recognized during morn- anywhere in the world, the Armenian-Amer- eliminate the marriage penalty. Every- ing hour debates. ican community has always worked to bring body on this House floor is for that ob- Mr. DELAY. Mr. Speaker, this week these events to my attention and to the at- jective. tention of U.S. and international policy- the House will take aim at a looming But do not be fooled. Democrats and makers. The Armenian-American commu- injustice. The marriage tax penalty Republicans both agree that married nity has always joined with other organiza- was a relic of 40 years of persistent tax couples should not have to pay more in tions to educate the public about present- hikes codified by Democrat Congresses day horrors and to organize relief and sup- taxes than they would as unmarried in- into Federal law. In essence, it pun- dividuals filing separately. That makes port for victims and survivors. ished married taxpayers simply for In this way, through these works, the trag- sense. That is fair. We are for it. Mem- being married. The standard deduction edy of the Armenian Genocide is transformed bers in both parties agree that the so- into a legacy of life, of hope, of survival and married couples could take was less called marriage penalty should be rem- resistance. than that allowed for two single tax- edied. So, I come here today not only to remem- payers, thus the Tax Code discouraged However, here is the crucial dif- ber and honor the martyrs, survivors and de- marriage and sent a message to mar- ference between the Republican bill scendants of the Armenian Genocide, but to ried couples around the country that honor and celebrate this community, which and our Democratic substitute. Our bill they were not as entitled to their own is paid for, theirs is not. What is the has given back so much to this city and our money as singles were. country. difference? The difference is that the Please let me thank you—each and every In 2001, a Republican Congress passed penalty that we are eliminating in one of you—for allowing me to share this day and a Republican President signed a terms of marriages will be passed along with you. tax relief package that corrected this to every young family in America, f injustice and brought marriage equity every young person in America. All of to the Tax Code. In 2003, as the econ- CELEBRATING THE 20TH ANNIVER- my children and my grandchildren will omy worked to recover from 2 years of pay an additional penalty in the inter- SARY OF THE INTERNATIONAL recession, terrorism, and war, we REPUBLICAN INSTITUTE est they will have to pay because of the moved to expedite marriage penalty re- irresponsible policies being pursued by The SPEAKER pro tempore. Pursu- lief. Unfortunately, the marriage pen- the majority. ant to the order of the House of Janu- alty, like some B-movie vampire, just That is right. With a record budget ary 20, 2004, the gentleman from Cali- will not die. It keeps rising from the deficit this year of more than half a fornia (Mr. DREIER) is recognized dur- dead to wreak more havoc on the pay- trillion dollars, and with a projected ing morning hour debates for 2 min- checks of American families. 10-year budget surplus of $5.6 trillion utes. The marriage penalty is hoping to re- inherited by this administration Mr. DREIER. Mr. Speaker, I rise be- appear next year in a smaller form and turned into a projected deficit of more cause today marks a very important to be fully revived in 2010. So this week than $4 trillion, an almost $10 trillion anniversary. We all know that Ronald the House will take up legislation to turnaround to the negative, our friends Reagan in the mid-1980s talked about make sure that the marriage tax pen- on the Republican side of the aisle plan the fact that as we pursued an end to alty does not get its sequel. Instead, we to drive us even deeper into debt. the Cold War militarily, one of the im- will pass a bill to extend full marriage The chairman of the House Com- portant things for us to do was to also penalty relief through 2010 and beyond mittee on the Budget, the gentleman engage in democracy-building around so that marriage tax equity becomes a from Iowa (Mr. NUSSLE), perhaps the world. Today actually marks the permanent principle in Federal law. summed up the Republican fiscal pol- 20th anniversary of the International Any way you look at it, marriage tax icy best on March 17 when he said, and Republican Institute, which is an arm equity just makes sense. In the first I am quoting, ‘‘We don’t believe that of the National Endowment For De- place, any time we can establish flat- you should have to pay for tax cuts, pe- mocracy. ter, fairer, and lower taxes on working riod.’’ Well, Mr. NUSSLE and my Repub- We all remember the anxious final families, we are doing right by the na- lican friends, of course you do not; but years of the Cold War, when President tional economy. We are creating jobs, our children and grandchildren will Reagan, in a speech he gave in 1982 to careers, and opportunities all across have to pay that bill. Somebody, some- the British Parliament, envisioned this country. And, second, we are tell- time, sometime in the future will have moving toward a world in which all ing those married couples struggling to to pay the piper. people are at least free to determine make it that we will not turn our According to the Joint Committee on their own destiny. Now, that speech led backs on them. Taxation, this Republican marriage to the creation of the National Endow- Allowing the marriage penalty to re- penalty bill will cost $96 billion over ment for Democracy, and within that surface in the future would represent a the next 10 years. None of it is paid for. is the International Republican Insti- targeted tax hike on married couples And to make matters worse, House Re- tute. Since that time, the IRI has con- and a direct attack on family budgets publicans intend to bring up bills in ducted programs in over 75 countries, around the country. We can and must the next 3 weeks to make the 10 per- from Haiti to Kazakhstan. Its efforts to protect families from such an attack, cent tax bracket and child tax credit train political parties, encourage voter and the bill we will take up this week permanent. We are for that. It ought to participation, and enact institutional will accomplish that goal. be paid for. And to temporarily fix the reforms within governments have no Though the economy continues to re- alternative minimum tax. We are for doubt contributed greatly to President bound, working families still need our that. It ought to be paid for. Reagan’s goal. help. This week we will have an oppor- Again, Democrats support such legis- IRI’s continued commitment is evi- tunity to provide it to some of the peo- lation, but it must be paid for so that dent in its current efforts in Iraq and ple who need it the most. we do not simply say to our children,

VerDate jul 14 2003 00:22 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\A27AP7.003 H27PT1 April 27, 2004 CONGRESSIONAL RECORD — HOUSE H2381 ‘‘You pay for it’’; to our grandchildren, b 1245 chines, or maybe the Internet surfing ‘‘you pay for it, we don’t want to.’’ Not only are we creating greater tax we do in our spare time. We do not nor- Democrats believe it is a serious fail- liability by passing these tax bills mally think of the enormous contribu- ure to pay for these tax cuts, which not without paying for them, we want to tion that supercomputers, also called only threatens our economic future as see them pass, we want to pay for high-performance computers, make to these deficits grow and the American them, but now they are talking about the world around us. These powerful people become more concerned about this Foreign Service Corporation bill machines are used in the development rising interest rates, as Alan Green- which could cost us and we could fix of pharmaceuticals, in modeling the span last week said was a definite pos- for less than $10 billion, now they want Earth’s climate, and in applications sibility, but we also have a responsi- to make it into a $170 billion tax give- critical to ensuring our national and bility. away. One business lobbyist even told homeland security. We talk a lot about personal respon- the Washington Post that this bill ‘‘has High-performance computers also are sibility. We passed a bankruptcy bill, risen to new levels of sleaze.’’ central to maintaining U.S. leadership and we made it tougher for people to go Is it any wonder pursuing those kinds in many scientific fields. Computa- into bankruptcy because we said they of policies that we have now gone into tional science complements theory and needed to be responsible. I voted for a $10 trillion turnaround in terms of experimentation in fields such as plas- that bill. It was a bipartisanly sup- from black to red? We talk about blue ma physics and fusion, astrophysics, ported bill. We need to be responsible States and red States. We have gone nuclear physics and genomics. But the on behalf of the public that sent us from black, having surpluses, $5.6 tril- top computer in the world today, the here and on behalf of future genera- lion, four surpluses in a row from 1997 Earth Simulator, is not in the United tions. to 2001, the first time that had hap- States. It is in Japan. Some experts Meanwhile, as we debate this tax bill, pened in 80 years. In just months, that claim that Japan was able to produce Republicans on both sides of Capitol was turned into escalating deficits. the Earth Simulator, a computer far Hill are riven by internal conflict. Mr. Speaker, I urge my Republican ahead of American machines, because They still have not produced a budget colleagues to come to their senses, to the U.S. had taken an overly cautious conference report for fiscal 2005 be- do what makes sense to the American or conventional approach. Beginning in cause of the intransigence of House Re- families, to the American public. No the 1990s, the U.S. focused on a single publicans to accept pay-as-you-go married couple wants to have a mar- architecture for high-performance rules. That sounds very common sense. riage penalty but I do not think there computing and emphasized the use of You pay as you go. You pay your bills. is any married couple who wants to commercially available components We talk about every American family have their children saddled with the es- over custom-made components. In having to do that. That may be the calating debts incurred in their genera- hindsight we see that this approach has case; but we do not have to do it, and tion and passed to future generations. meant lost opportunities. Japan’s we are not doing it. Earth Simulator is an example of a Alan Greenspan, the chairman of the For years, House Republicans preened as deficit hawks. Some even road not taken. Federal Reserve, said applying pay-as- The U.S. is still a leader in supercom- suggested that tax cuts are not, in fact, you-go to both expenditures and reve- puting. In fact, 10 of the top 20 most sacrosanct. My friend the majority nues is essential if we are to have fiscal powerful computers in the world today leader spoke a little earlier. In 1997, the responsibility. Our colleagues on the are in the United States. Even so, the majority leader, Mr. DELAY, who just other side of the aisle sent us a budget Earth Simulator is nearly three times spoke, said of Jack Kemp, another Re- which says we are going to do that; but as fast as the most powerful computer publican who ran for Vice President, a on this side of the Congress we have in the U.S., The ASCI Q computer at former Member of this body, an ardent overwhelming, almost unanimous, sup- Los Alamos National Laboratory. But proponent of supply-side tax cuts: port, if not unanimous support, for for security reasons, most U.S. sci- ‘‘Jack Kemp worships at the altar of that proposition. It was in place from entists are unable to conduct research tax cuts. Jack has always said that 1990 to 2002. But it was changed. Why? on the Los Alamos machine, or at ma- deficits don’t matter. We think that Because it would make us be respon- chines at other similarly secure facili- deficits do matter.’’ So said TOM sible, and being responsible would not ties that do defense and weapons work. DELAY with reference to Jack Kemp. If allow us to do some of the things the That is why we must commit to pro- they matter, Mr. Leader, why are we Republican majority wants to do. viding sustained support for high-per- not addressing them? Why do we make Here is what the Bipartisan Concord formance computers at our civilian them worse? Why are we escalating the Coalition said, headed up by, among Federal agencies. To achieve this aim, debt that our children will be con- others, Senator Warren Rudman, a Re- my bill ensures that the U.S. research fronted with? publican from New Hampshire, and community has access to high-perform- With this vote on the marriage pen- three other budget watchdog groups ance computing systems that are alty relief this week, we will see have said about such pay-as-you-go among the most advanced in the world, whether Republicans still believe that rules: ‘‘If Congress wants to pass par- and provides technical support for deficits matter. ticular tax cuts, it should either reduce users of these systems. mandatory programs or raise other f But it is not enough to simply buy revenues to offset the tax reduction big machines. We need to have a bal- INTRODUCTION OF THE HIGH-PER- measures, not simply give itself a free anced, comprehensive approach to FORMANCE COMPUTING REVI- pass to enact tax cuts without financ- maximize the benefits these machines TALIZATION ACT OF 2004 ing them.’’ can bring to science and to our Nation. It feels good for us to say, Hah-hah, The SPEAKER pro tempore (Mr. My bill provides support for all aspects we have cut your taxes. Hooray. But BOOZMAN). Pursuant to the order of the of high-performance computing for sci- unless we cut spending at the same House of January 20, 2004, the gentle- entific and engineering applications. time, which is what pay-as-you-go says woman from Illinois (Mrs. BIGGERT) is The original legislation that my bill we need to do, then do not pass that recognized during morning hour de- amends, the High Performance Com- debt along to future generations. That bates for 5 minutes. puting Act of 1991, gave rise to an is all it says. Every responsible Amer- Mrs. BIGGERT. Mr. Speaker, I rise interagency planning process that was ican with common sense would say, today to introduce the High-Perform- initially highly successful. Unfortu- yes, that is what we ought to do. ance Computing—or HPC—Revitaliza- nately, that planning process has lost They have turned the foreign sales tion Act of 2004, which will ensure that the vitality it had in its early years. corporation bill, another bill which re- America remains a leader in the devel- Congress must find a way to reinvigo- quires that some $5 billion in export opment and use of supercomputers. rate the interagency process. subsidies be repealed and replaced by When we think of how computers affect My bill does so by requiring the Di- modest tax breaks, into a $170 billion our lives, we probably think of the rector of the Office of Science and special-interest giveaway. work we do on our office desktop ma- Technology Policy at the White House

VerDate jul 14 2003 00:22 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.004 H27PT1 H2382 CONGRESSIONAL RECORD — HOUSE April 27, 2004 to develop and maintain a research, de- Instead, the President’s plan was noth- The gentleman may proceed in order. velopment and deployment roadmap ing more than a payback to the oil and Mr. PALLONE. Thank you, Mr. for the provision of high-performance gas industry numbering in the billions Speaker. computing systems for use by the re- of dollars and embedded in tax incen- Mr. Speaker, I just hope the Cheney search community in the United tives, loan guarantees, liability protec- decision in this case is not another 5–4 States. By putting OSTP in charge of tion and research and development. decision in which Justice Scalia is the developing the program’s long-term vi- For 3 years, the Vice President has deciding vote in favor of the Vice sion, this provision will help ensure a refused to let the American people President. robust planning process so that our na- know who made up this Energy Task It is time for the Vice President to tional high-performance computing ef- Force. For 3 years now, the Vice Presi- come forward with the list of partici- fort is not allowed to lag in the future. dent has refused to let the American pants on the Energy Task Force. What Let me close by reflecting for a mo- people know how and why the task information is so damaging that the ment on how much things have force came to the conclusions that it Vice President does not want to make changed in the past 13 years since Con- did. it public? I think the time has come for gress first passed legislation on high- Finally, after 3 years of hiding the both President Bush and Vice Presi- performance computing. Incredibly, all information, today the U.S. Supreme dent CHENEY to lift the cloak of se- of the power of the world’s top super- Court hears from the Vice President’s crecy on its national energy plan and computer in 1991, the Cray C90, is now lawyers why CHENEY thinks it is so im- basically disclose what happened, who available to us in a desktop PC. Hear- portant that this information remain the participants were, and how and in ing a comparison like that, it might be secret. Today, the Supreme Court what way they influenced the energy tempting to think that today’s super- hears from the Sierra Club and the con- bill that came forward here in the computers are so powerful that we servative group, Judicial Watch, who House and is now in the other body. I could not possibly need anything with sued Vice President CHENEY seeking an think it is very wrong for them to con- greater capabilities. But technological accounting of energy industry partici- tinue to not provide this information, advances make new things possible, pation in crafting the Bush administra- not disclose who was involved, and things that were literally unimagi- tion’s destructive energy policy. A dis- frankly have to go to the Supreme nable before. As we meet in this Cham- trict court has already ordered the ad- Court to try to make the Supreme ber today, we cannot imagine the kinds ministration to provide information Court say that that information should of problems that the supercomputers of about participation from those indus- not be divulged. tomorrow will be able to solve. But we tries but once again the Bush adminis- f tration refused to divulge any informa- can imagine the kinds of problems we RECESS will have if we fail to provide research- tion. Fortunately, the court denied the ers in the United States with the com- request, and last December the Vice The SPEAKER pro tempore. Pursu- puting resources they need to remain President appealed that decision to the ant to clause 12(a) of rule I, the Chair world class. I believe that the High- Supreme Court. declares the House in recess until 2 Performance Computing Revitalization So what does the Vice President do p.m. today. Accordingly (at 12 o’clock and 57 Act will guide Federal agencies in pro- once he realizes the Supreme Court minutes p.m.), the House stood in re- viding needed support to high-perform- would be hearing the case? He goes cess until 2 p.m. ance computing and its user commu- duck hunting with one of the Supreme nities. Our Nation’s scientific enter- Court justices as a guest of an energy f prise, and our economy, will be the executive. The situation begs several b 1400 stronger for it. questions. First, was the energy execu- tive hosting the Vice President and AFTER RECESS f Justice Scalia a member of the Energy The recess having expired, the House ENERGY TASK FORCE Task Force? Second, was the Vice was called to order by the Speaker pro The SPEAKER pro tempore. Pursu- President attempting to use this trip tempore (Mr. SCHROCK) at 2 p.m. ant to the order of the House of Janu- to Louisiana as a way to persuade Jus- f ary 20, 2004, the gentleman from New tice Scalia that the documents being PRAYER Jersey (Mr. PALLONE) is recognized requested should remain secret under during morning hour debates for 5 min- the cloak of executive privilege? And, The Chaplain, the Reverend Daniel P. utes. third, how could either Vice President Coughlin, offered the following prayer: Balance and scales belong to the Mr. PALLONE. Mr. Speaker, today I CHENEY or Justice Scalia think this hope we are one step closer to prying trip to Louisiana for duck hunting, in Lord; all the weights used with them the doors of the White House open in which both flew to and from together are of His making. Lord, with wisdom and power, direct regard to Vice President CHENEY’s En- on Air Force Two, would not look like the activities of this Congress. May the ergy Task Force. a conflict of interest? For 3 years now, the Vice President Justice Scalia should have recused scales of equal justice always be the has done everything he can to keep the himself from this case, but Vice Presi- goal. With discretion and surety guide every decision, and may Members find records of the Energy Task Force se- dent CHENEY should have realized how cret. The secret task force developed this trip would appear to the American balance in their personal lives. May truth never outweigh goodness. President Bush’s energy policy, a pol- public. Think about this for a minute. May desirable kindness never blind the icy that was then made into legislation Imagine that you are a plaintiff in a truth. here in Congress, legislation that is case and you learn that the defendant Help Your people know when to pray now stalled in the other body. Never- and the judge had vacationed together and how to act. theless, the end result was bad energy several months before. Would you ac- Bless all conversations with patience policy. There is no doubt that the en- cept that scenario? The Sierra Club and charity that all know when to ergy industry succeeded with its influ- asked Justice Scalia to recuse himself speak and how to listen. ence during these secret, closed-door but Justice Scalia refused. In the end, all success and every meetings in crafting a policy that ben- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE judgment can be measured only by efited them rather than benefiting The SPEAKER pro tempore. The gen- You. Whatever evaluating criteria or Americans who at the time desperately tleman will please suspend. determining weight we use remains of needed relief from high energy prices. The Chair must remind all Members Your making now and forever. Mr. Speaker, today Americans face that remarks in debate may not engage Amen. high gas prices, but they should not be in personalities towards the President f fooled by claims from congressional or the Vice President. Policies may be Republicans and President Bush that addressed in critical terms, but per- THE JOURNAL the legislation they pushed would re- sonal references of an offensive, accus- The SPEAKER pro tempore. The duce the cost of energy in this country. atory nature are not proper. Chair has examined the Journal of the

VerDate jul 14 2003 00:22 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.006 H27PT1 April 27, 2004 CONGRESSIONAL RECORD — HOUSE H2383 last day’s proceedings and announces for 1 minute and to revise and extend remained at over 10 percent for over 3 to the House his approval thereof. his remarks.) years. In fact, the national Latino un- Pursuant to clause 1, rule I, the Jour- Mr. MCDERMOTT. Mr. Speaker, the employment rate is 7.4 percent, way nal stands approved. administration, aided and abetted by above the national, 28 percent higher f some Republicans, have launched an- than it was just 3 years ago. other undeclared war, this time a And who do we have to thank? This PLEDGE OF ALLEGIANCE sneak attack on the truth. administration. The unemployment The SPEAKER pro tempore. Will the Republicans launched a sneak attack rate is especially higher among Latino gentleman from Washington (Mr. on Senator JOHN KERRY in this Cham- youth. It is about double. MCDERMOTT) come forward and lead ber with a blatant disregard for dig- I am urging the President and my the House in the Pledge of Allegiance. nity, heroism, and patriotism, or the colleagues to support these young peo- Mr. MCDERMOTT led the Pledge of facts. In so doing, Republicans have ple and help restore vital funding for Allegiance as follows: dishonored every American veteran job training and to extend unemploy- I pledge allegiance to the Flag of the and dishonored the people’s House. ment benefits to the 2.9 million unem- United States of America, and to the Repub- Republicans have staked out divisive ployed workers in America. lic for which it stands, one nation under God, new ground and every American ought f indivisible, with liberty and justice for all. to know it. Republicans have trampled MEDICARE CHANGES ENCOURAGE patriotism, heroism, and the service of f LIFE-SAVING PREVENTATIVE every American called to defend Amer- MESSAGE FROM THE SENATE CARE ica. A message from the Senate by Mr. Senator JOHN KERRY is a decorated (Mr. WILSON of South Carolina Monahan, one of its clerks, announced war hero. He did not get those Purple asked and was given permission to ad- that the Senate has passed without Hearts because they just hand them dress the House for 1 minute and to re- amendment a concurrent resolution of out. He was shot defending his country. vise and extend his remarks.) the House of the following title: He was not missing in action during Mr. WILSON of South Carolina. Mr. H. Con. Res. 328. Concurrent resolution rec- the Vietnam War. The President was Speaker, last year President Bush ognizing and honoring the United States MWA, missing without action. signed into law historic bipartisan leg- Armed Forces and supporting the goals and These are the facts. islation that adds critically needed objectives of a National Military Apprecia- f benefits to Medicare and solidifies the tion Month. program for future generations. f 9/11 PANEL UNDER CLOUD I have been traveling throughout the NO RESPONSE FROM JUSTICE (Mr. SMITH of Texas asked and was Second District of South Carolina to GINSBURG given permission to address the House discuss these changes, and the seniors I for 1 minute and to revise and extend talk to are enthusiastic to learn that (Mr. PITTS asked and was given per- his remarks.) for the first time Medicare will encour- mission to address the House for 1 Mr. SMITH of Texas. Mr. Speaker, age preventative care. minute and to revise and extend his re- yesterday I released a letter signed by First and foremost, the new prescrip- marks.) 75 Members of Congress to Commis- tion drug benefit will allow seniors to Mr. PITTS. Mr. Speaker, last month sioner Jamie Gorelick. We have serious afford the medicine they need to pre- a dozen of my colleagues and I sent a concerns about her impartiality as a vent disease. letter to a Supreme Court Justice. In member of the National Commission Yet, while the prescription drug ben- the letter we questioned her ties to the on Terrorist Attacks Upon the United efit has been widely publicized, many NOW Legal Defense Fund. She speaks States. seniors are unaware of other important regularly to the group. There is a lec- Commissioner Gorelick never should preventative measures now available ture series named after her, and she have accepted the position in the first to them. All newly enrolled bene- has served on its board in the past; but place. As Deputy Attorney General in ficiaries will be covered for physicals, she continues to hear cases argued be- the Clinton Justice Department, she cardiovascular-screening blood tests fore her in which the NOW Legal De- cannot be objective, especially when including cholesterol, and diabetes fense Fund, which is now called Legal their policies may have contributed to screening for at-risk beneficiaries. Momentum, files briefs. America’s vulnerability. These benefits do not have deductibles In January, she gave opening re- If Commissioner Gorelick does not or co-pays, to make sure there are no marks for the fourth installment of her testify before the commission and re- hurdles for seniors with limited re- lecture series. Two weeks earlier, she spond to our letter, then a cloud will sources. took the legal defense’s side in a med- hang over the commission that brings These screenings will catch treat- ical screening case. into question its independence and sup- able, manageable conditions that oth- Federal law requires recusal when a posed non-partisanship. erwise would result in senior health judge’s outside legal activities, ‘‘cast f consequences, preventing a healthy and reasonable doubt on the capacity to de- happy retirement. THE ECONOMY AND cide impartially any issue that may In conclusion, may God bless our UNEMPLOYMENT come before them.’’ This Justice has troops, and we will never forget Sep- official ties to a group that partici- (Ms. SOLIS asked and was given per- tember 11. pates in cases before the Court. That mission to address the House for 1 f sounds like reasonable doubt to me. minute and to revise and extend her re- But this Justice has yet to respond to marks.) MEDICAL LIABILITY REFORM an official inquiry from Members of a Ms. SOLIS. Mr. Speaker, today I rise (Mr. BURGESS asked and was given co-equal branch of government. Profes- to urge my colleagues to support an ex- permission to address the House for 1 sional courtesy warrants at least an tension of unemployment benefits. minute and to revise and extend his re- acknowledgement that she received the During the first 6 months of 2004, an es- marks.) letter, but not even that. timated 83,000 workers in the L.A. and Mr. BURGESS. Mr. Speaker, it was Justice Ginsburg should acknowledge Long Beach metropolitan area will 13 months ago that we in this House our concerns and recuse herself from have exhausted their jobless benefits. passed meaningful medical liability re- cases involving any group with which We hear that jobs are coming, but the form. Our President, President Bush, she has official ties. anxiety is there. Our workforce is wait- has said that he will sign that legisla- f ing to see where the jobs are. tion if we will just get it to him. And And in my district alone, I represent today it languishes on the other side of THE WAR ON TRUTH the San Gabriel Valley, unemployment the Capitol. The Democratic candidate (Mr. MCDERMOTT asked and was rates remain high. In East Los Angeles for President has already been on given permission to address the House and the city of South El Monte it has record as either voting ‘‘no’’ or has

VerDate jul 14 2003 02:41 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.010 H27PT1 H2384 CONGRESSIONAL RECORD — HOUSE April 27, 2004 missed those votes on medical liability and nays are ordered, or on which the the war on terror in faraway places reform as they came up in the other vote is objected to under clause 6 of like Afghanistan and Iraq. Here at body. rule XX. home we can never give too much back Mr. Speaker, the cost of defensive Record votes on postponed questions to our brave active duty personnel or medicine, not just the cost of liability will be taken after 6:30 p.m. today. our veterans to whom we owe our Na- insurance for doctors, but the cost of f tion’s freedom. That is why I am defensive medicine in this country in a pleased that the House is considering RHODE ISLAND VETERANS POST 1996 Stanford University study was es- H.R. 3942 today. I ask all Members to OFFICE BUILDING timated to be $50 billion a year to the support its swift passage. Medicare system, not the private Mr. CANNON. Mr. Speaker, I move to Mr. Speaker, I commend the gen- health insurance system, but to the suspend the rules and pass the bill tleman from Rhode Island (Mr. KEN- Medicare system alone. (H.R. 3942) to redesignate the facility of NEDY) for his work to honor our Na- Mr. Speaker, we can no longer afford the United States Postal Service lo- tion’s military service veterans from this. The whole problem with the unin- cated at 7 Commercial Boulevard in the great State of Rhode Island. sured and access to health care for all Middletown, Rhode Island, as the Mr. Speaker, I reserve the balance of Americans languishes because we have ‘‘Rhode Island Veterans Post Office my time. not taken conclusive action on medical Building’’. Mr. DAVIS of Illinois. Mr. Speaker, I liability reform. Again, let me stress The Clerk read as follows: yield such time as he might consume we have a President who will sign that H.R. 3942 to the gentleman from Rhode Island legislation into law. We have a can- Be it enacted by the Senate and House of Rep- (Mr. KENNEDY), who is also the sponsor didate for President who is on record as resentatives of the United States of America in of this legislation. voting ‘‘no.’’ Congress assembled, Mr. KENNEDY of Rhode Island. Mr. SECTION 1. RHODE ISLAND VETERANS POST OF- f FICE BUILDING. Speaker, I thank my good friend and colleague from Illinois (Mr. DAVIS) for THE LOSS OF MANUFACTURING (a) REDESIGNATION.—The facility of the United States Postal Service located at 7 allowing me this time. I also want to JOBS Commercial Boulevard in Middletown, Rhode thank my colleague, the gentleman (Mr. PALLONE asked and was given Island, is hereby redesignated as the ‘‘Rhode from Utah (Mr. CANNON), for also ac- permission to address the House for 1 Island Veterans Post Office Building’’. knowledging me and recognizing this minute and to revise and extend his re- (b) REFERENCES.—Any reference in a law, piece of legislation, and also my friend, marks.) map, regulation, document, paper, or other record of the United States to the facility re- the gentleman from Minnesota (Mr. Mr. PALLONE. Mr. Speaker, the Re- ferred to in subsection (a) shall be deemed to KENNEDY) from the other side of the publicans promised us they would cre- be a reference to the Rhode Island Veterans aisle for being here as well. ate jobs, but their failed policies have Post Office Building. b 1415 left our economy weaker. We have lost The SPEAKER pro tempore. Pursu- As the gentleman from Utah (Mr. 2.8 million manufacturing jobs, the ant to the rule, the gentleman from CANNON) mentioned, there are over largest decline in over 80 years. We Utah (Mr. CANNON) and the gentleman 100,000 veterans living in my State of have not seen one month of manufac- from Illinois (Mr. DAVIS) each will con- Rhode Island; and we are proud to sup- turing job growth since George Bush trol 20 minutes. took office, and Republicans have no The Chair recognizes the gentleman port a few veterans from World War I and almost 40,000 from World War II. plan to create jobs. from Utah (Mr. CANNON). Rhode Island has close to 30,000 from For years the Republicans have used GENERAL LEAVE their power to provide tax breaks and Mr. CANNON. Mr. Speaker, I ask Vietnam and roughly 20,000 from the special deals for corporate interests, unanimous consent that all Members Korean War. And more recently, Rhode standing back while thousands of good- may have 5 legislative days within Island is home to 4,000 veterans from paying manufacturing jobs were which to revise and extend their re- the Persian Gulf War. Just a few weeks shipped overseas. And now the Amer- marks and include extraneous material ago, 300 soldiers from Rhode Island’s ican workers that have built these on the bill under consideration. Military Police returned from Iraq. companies are paying the price. The SPEAKER pro tempore. Is there These men and women come from dif- Democrats want to build a stronger objection to the request of the gen- ferent backgrounds and they live in dif- economy and jump-start our manufac- tleman from Utah? ferent cities and towns and many of turing sector by cutting taxes for do- There was no objection. them are still working and also many mestic manufacturers and helping Mr. CANNON. Mr. Speaker, I yield of them are retired. But the one thing them create good-paying jobs here in myself such time as I may consume. that they have in common is they have the United States, and we want to end Mr. Speaker, as a member of the fought for this country to preserve the unfair tax breaks that would allow cor- Committee on Government Reform, I freedom of our Nation. They have all porations to keep their money and rise in support of H.R. 3942. This legis- put their lives on the line in the name their workers overseas. That is just lation redesignates the U.S. Postal of democracy, and if they were not wrong. Service facility at 7 Commercial Boule- standing post in the front lines, they We want to stand up for American vard in Middletown, Rhode Island, as signed up and they could well have workers by enforcing the trade agree- the Rhode Island Veterans Post Office been put on the front lines. So all vet- ments that President Bush has not. Building. erans, whether serving stateside or Mr. Speaker, why are Republicans Mr. Speaker, our Nation’s Armed overseas, deserve our recognition. stalling? What are they waiting for? Forces are comprised of dedicated, Our Nation’s veterans have answered They should simply bring up the Crane- skilled, and courageous individuals the call to duty and have served our Rangel bipartisan solution to cut taxes from all 50 States and every territory. country in times of greatest need. for domestic manufacturers and help Today, I am pleased to take time along During my time in Congress I have them create good-paying jobs here in with my colleagues to honor those who had the honor to meet with several of the United States. That is the answer, have served our Nation from the State Rhode Island’s veterans, and I discov- and it is simple. of Rhode Island. ered that every time I sit down with f According to the 2000 census data, one of them, I hear another fascinating over 102,000 veterans live in Rhode Is- story. Like Ray’s story, a World War II ANNOUNCEMENT BY THE SPEAKER land, comprising 13 percent of the adult veteran living in Lincoln, Rhode Is- PRO TEMPORE population of the State. This post of- land. He was the only man from an 11- The SPEAKER pro tempore. Pursu- fice designation in Middletown is in- member crew to survive. He remembers ant to clause 8 of rule XX, the Chair tended as a tribute to those 102,000 falling from the plane and landing in will postpone further proceedings Rhode Islanders. his parachute in a group of trees on a today on motions to suspend the rules As we all know, U.S. military men snowy mountainside, but he does not on which a recorded vote or the yeas and women remain engaged today in remember anything after that. Next

VerDate jul 14 2003 00:22 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.012 H27PT1 April 27, 2004 CONGRESSIONAL RECORD — HOUSE H2385 thing he knew he was in a German pris- unanimously reported by our com- was begun on June 17, 1917, when 20 delegates oner of war camp. mittee on April 1, 2004, enjoys the sup- gathered in the East Room of the Hotel La- Sixty years later he comes back to port and co-sponsorship of the entire Salle in Chicago; Czechoslovakia to return to the place Rhode Island delegation. Whereas, while Melvin Jones passed away Beginning with World War I through on June 1, 1961, his legacy lives on; in Europe where he had been shot Whereas, for over 85 years, Lions Clubs down. When he arrived not only was he the Persian Gulf War, veteran Rhode International has honored Melvin Jones’ leg- welcomed by the mayor but he was Islanders from the First Congressional acy by following the simple rule that he in- given a key to the city, and all the District in Rhode Island have bravely sisted be included in the organization’s Con- local townsfolk held a big parade on his defended this great Nation from the stitution: ‘‘No club shall hold out as one of behalf, in addition to all wanting his great World War II, the Korean War, its objects, financial benefits to its mem- autograph and wanting his picture. Vietnam War, the Persian War. There bers.’’; It was during this trip, 60 years later, are over 45,000 veterans living in the Whereas Lions Clubs International counts that he learned how he survived. He First District. Statewide over 93,000 over 46,000 clubs and 1.4 million members, men and women have returned home to and constitutes the largest network of serv- learned from the villagers how they ice clubs in the world; and had found and taken him to a nearby Rhode Island after serving in the mili- Whereas Lions Clubs International con- facility for treatment. They discussed tary. tinues to embrace its motto ‘‘We Serve’’ by how they were going to hide him. At Designating the post office in Middle- performing a wide range of services, includ- that point, the German authorities town, Rhode Island is an excellent way ing cleaning local parks, supporting ad- were already on their way and they to honor Rhode Island veterans for vances in medical technology, bringing sight were able to apprehend him. their service to our country and to re- to the blind, mentoring children, and orga- After 60 years someone from the member the enormous sacrifice the sol- nizing Liberty Day celebrations: Now, there- diers and their families have made and fore, be it town handed Ray the gloves that were Resolved, That the House of Representa- on his hands 60 years before when he continue to make. tives— had parachuted to safety and then To the veterans of America, for your (1) honors the life and legacy of vol- later on put in the prisoner of war unselfish service and devotion to our unteerism and community service of Melvin camp. country and your unwavering defense Jones; and As we can imagine, there are many of our freedom, we thank you. I also (2) recognizes the contributions and service stories like this that are all too fre- want to commend the gentleman from of Lions Clubs International to communities quent for those who occupy the VFW Rhode Island (Mr. KENNEDY) for intro- and those in need throughout the world. posts and American Legions and all of ducing this legislation. I urge its swift The SPEAKER pro tempore. Pursu- those places where our veterans con- passage. ant to the rule, the gentleman from gregate. Mr. Speaker, I yield back the balance Utah (Mr. CANNON) and the gentleman One of those places that all people of my time. from Illinois (Mr. DAVIS) each will con- congregate are the post offices, and The SPEAKER pro tempore (Mr. trol 20 minutes. The Chair recognizes the gentleman that is why for millions of Americans SCHROCK). The question is on the mo- from Utah (Mr. CANNON). who are not familiar in their daily tion offered by the gentleman from lives with the sacrifices of our Nation’s Utah (Mr. CANNON) that the House sus- GENERAL LEAVE veterans, when they go into the post pend the rules and pass the bill, H.R. Mr. CANNON. Mr. Speaker, I ask office, they are going to have to see 3942. unanimous consent that all Members The question was taken. once again that they owe everything in may have 5 legislative days within The SPEAKER pro tempore. In the which to revise and extend their re- their lives to our Nation’s veterans, opinion of the Chair, two-thirds of marks and include extraneous material and that is why I believe that our local those present have voted in the affirm- on H. Res. 399. post office back at home in Rhode Is- ative. The SPEAKER pro tempore. Is there land is a perfect memorial to celebrate Mr. CANNON. Mr. Speaker, on that I objection to the request of the gen- our veterans in Middletown and in demand the yeas and nays. tleman from Utah? Newport. Newport is one of the great The yeas and nays were ordered. There was no objection. homes of our Nation’s Navy, and I The SPEAKER pro tempore. Pursu- Mr. CANNON. Mr. Speaker, I yield know it will be appreciated by all of ant to clause 8 of rule XX and the myself such time as I may consume. those who have served our country in Chair’s prior announcement, further Mr. Speaker, House Resolution 399 uniform to be able to see that their proceedings on this motion will be recognizes the remarkable global con- post office is named for their fellow postponed. tributions of Lions Clubs Inter- veterans. f national, the largest service club orga- We have wonderful memorials here in nization in the world. Washington, D.C. and, thanks to this HONORING THE LIFE AND LEGACY Lions Clubs work to aid communities legislation, we are going to have a won- OF MELVIN JONES AND RECOG- in 190 different countries with all sorts derful memorial in our own backyard. NIZING THE CONTRIBUTIONS OF of humanity’s problems. From col- Mr. Speaker, I thank the gentleman LIONS CLUBS INTERNATIONAL lecting five million pairs of used eye- for yielding me time, and I urge my Mr. CANNON. Mr. Speaker, I move to glasses each year to give to those with colleagues to vote in favor of this legis- suspend the rules and agree to the reso- vision loss, to collecting thousands of lation. lution (H. Res. 399) honoring the life books for hospitals and schools in need, Mr. CANNON. Mr. Speaker, I support and legacy of Melvin Jones and recog- and to establishing disease prevention the passage of H.R. 3942. nizing the contributions of Lions Clubs programs, the Lions Clubs consistently Mr. Speaker, I have no further re- International. live up to their long-stated mission, quests for time, and I yield back the The Clerk read as follows: ‘‘We serve.’’ balance of my time. H. RES. 399 Mr. Speaker, the resolution also hon- Mr. DAVIS of Illinois. Mr. Speaker, I Whereas Melvin Jones was born in the Cav- ors Melvin Jones, the founder of the yield myself such time as I may con- alry Outpost at Fort Thomas, Arizona, on Lions Clubs. Jones grew up in Chicago sume. January 13, 1879; and worked in the insurance industry Mr. Speaker, as a member of the Whereas Melvin Jones experienced early as a young adult at the turn of the 20th House Committee on Government Re- success in the insurance industry and that century. He became affiliated with the form, I am pleased to join with my col- success led to his sole ownership of an insur- business group known as The Business leagues in consideration of H.R. 3942, ance agency; Circle, but was dismayed that the legislation naming the postal facility Whereas although many business clubs of group focused only on improving the fi- in Middletown, Rhode Island, after the time exhibited a self-interested attitude, Melvin Jones had a vision of an organization nancial status of its members. Jones Rhode Island veterans. of businessmen focused on volunteerism and sought a business club that asked for This measure which was introduced community service; more from its members. by the gentleman from Rhode Island Whereas the Association of Lions Clubs, On June 17, 1917, Jones pulled to- (Mr. KENNEDY) on March 11, 2004, and known today as Lions Clubs International, gether leaders of business clubs from

VerDate jul 14 2003 00:22 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.015 H27PT1 H2386 CONGRESSIONAL RECORD — HOUSE April 27, 2004 all over the U.S. to discuss a new busi- sands of people around the world with and later with his own business, the ness-oriented organization that also free eye care. In addition, the Lions Melvin Jones Insurance Agency. would be committed to community Club collects more than 5 million pairs In 1909, he married women’s profes- service. The nascent group was called of eyeglasses each year to be distrib- sional golfer Rose Amanda Freeman, the Association of Lions Clubs, and it uted in developing countries. whose unqualified support was instru- has grown into the largest service club Melvin Jones, the man, whose per- mental as Melvin worked tirelessly to organization on Earth with 1.4 million sonal code was, and I quote, ‘‘You can- get the Lions Club rolling. In 1913, an members worldwide today. not get very far until you start doing acquaintance invited Melvin to meet This year is the 125th anniversary of something for somebody else,’’ became some local men who belonged to a club Melvin Jones’ birth and, therefore, a a source of inspiration for people work- called the Business Circle. Like many fitting time to pay tribute to his com- ing all over the world for the good of groups at the time, the Business Circle mitment to volunteerism and service. mankind. I am delighted to know this was largely about old school ‘‘scratch Mr. Speaker, the Lions Clubs Inter- history and origin of the Lions Club my back and I will scratch yours’’ club. national are truly worthy of com- and proud to say that at one time I, After his election as secretary in mendation by this House, and I would too, was a member of a Lions Club and 1915, Melvin began to wonder how much encourage anyone interested in volun- one of its creators in my own commu- could be accomplished if only the mem- teer opportunities to think about con- nity and my own neighborhood, and I bers of the Business Circle would pool tacting a nearby Lions Club chapter. can remember distributing eyeglasses their energies and talent for the great- I thank the gentleman from Min- to people who needed them. er good of their communities. Despite nesota (Mr. KENNEDY) for his work to So we thank Mr. Jones for his vision, broaching this novel idea with other honor Melvin Jones and the Lions for his creativity, and his sense of giv- business organizations, their feedback Clubs. I know the gentleman from Min- ing back to his community. I am privi- was mixed at best. So Melvin put this nesota has been a Lions Club member leged to support this legislation. I view unique vision into action and launched for many years. I congratulate the gen- Mr. Jones as one of our real vision- his own organization. tleman for advancing this resolution to aries. On June 17, 1917, he assembled 20 del- the floor. Mr. Speaker, I yield back the balance egates representing 27 clubs nationwide Mr. Speaker, I reserve the balance of of my time. in the East Room of the Hotel LaSalle, my time. Mr. CANNON. Mr. Speaker, I want to and a consensus was reached that a na- Mr. DAVIS of Illinois. Mr. Speaker, I thank the mellifluous gentleman from tional organization should be formed yield myself such time as I may con- Illinois (Mr. DAVIS) for his contribution dedicated to community service. After sume. to the Lions Club in his area. a spirited debate, the club voted by se- Mr. Speaker, today we honor the life Mr. Speaker, I yield such time as he cret ballot to name the new organiza- of an American hero, Mr. Melvin Jones, may consume to the gentleman from tion the Association of Lions Clubs. and the institution he helped created, Minnesota (Mr. KENNEDY), the distin- Jones advocated for the name of Lions the Lions Clubs International. A driven guished sponsor of this legislation. because it was a symbol of courage, and thoughtful man, Melvin Jones Mr. KENNEDY of Minnesota. Mr. strength, fidelity and vital action, made his home in Chicago, Illinois and Speaker, I thank the gentleman from which helped set the standard for the formed his own insurance agency in Utah (Mr. CANNON) for yielding me club. 1913. time. Furthermore, during the organiza- Mr. Jones, like many other business- Mr. Speaker, I rise today in support tion’s constitution, he insisted that it men, worked extremely hard for his of House Resolution 399, a resolution I include a plank that no club should success. Unlike some, however, Melvin introduced to honor the life and legacy hold out as one of its objects financial Jones did not find satisfaction in his of Lions Club International founder, benefits to its members, a principle personal success alone. He wanted to Melvin Jones, and to recognize the con- Melvin followed throughout his entire improve his community. He believed tributions of this fine organization. life. that he and other successful business- Over 200 years ago at the end of the The Lions Club caught on so fast that men should work together for the bet- Constitutional Convention in Philadel- it was just 3 years later after its birth terment of the community. phia, a curious woman asked Benjamin that the club became international Mr. Jones is quoted as asking at a Franklin, ‘‘Sir, what have you given when it chartered a new club in Wind- businessmen’s luncheon, ‘‘What if these us?’’ He replied, ‘‘a republic, if you can sor, Ontario. men who are successful because of keep it.’’ Part of our responsibility of One of the profound moments of the their drive, intelligence and ambition maintaining our republic is encour- club’s history occurred in 1925 at their were to put their talents to work im- aging the active involvement of our international convention at Cedar proving their communities?’’ citizens and our government in serving Point, Ohio, when Helen Keller ad- Thus, on June 7, 1917, the Lions Clubs our community. No one understood dressed, challenging the attendees, the International was born. The first meet- this better than Melvin Jones. Lions, to become knights of the blind ing was held in Chicago and two prin- The club he founded, Lions Club in their crusade against darkness, and ciples were set forth. One, meetings International, embodies that spirit from then on, as my fellow colleagues were not to be of a social nature, and through a program called Liberty have noted, the Lions have been serv- members could not promote their own Days. ing and bringing sight to the visually business interests. The history of Lions Club Inter- impaired and made this one of their The group was to focus on vol- national of which I am a proud member central priorities. unteerism and community service. from the Watertown, Minnesota chap- In 1927, the Lions Club had the sup- Melvin Jones became so engulfed in the ter goes back nearly 100 years. After a port of 11,063 local clubs and comprised Lions Club that he left the insurance humble beginning that began on Janu- 60,000 members worldwide. In 1950, agency he had created to work for the ary 13, 1879 in a dusty cavalry outpost when Lions membership surpassed the club full time. He was a living example at Fort Thomas in what was then 400,000 mark, the international board of of the Lions Club motto, ‘‘We serve.’’ known as the Arizona Territory, Mel- directors conferred upon Melvin Jones Although Mr. Jones passed away in vin Jones moved east with his family the title of Secretary General of Lions 1961 at the age of 82, his legacy in the to St. Louis. Club International which was changed Lions Club lives on. Today with more to Founder and Secretary General in than 46,000 clubs in 193 countries, Lions b 1430 1958. Club has expanded its focus to help Later, in Quincy, Illinois, Melvin Throughout his life, Jones’ refusal to meet the ever-increasing needs of our Jones attended Union Business College accept the limitation of old age was an global community. One of the Lions and Chaddock College. After college, he inspirational reminder to all Lions of Club’s biggest programs is to improve moved to Chicago where he launched a his dedication to serving others. the quality of eye care for the less for- successful career in insurance, first In 1960, at the age of 81, even after tunate. The Lions Club provides thou- with the Johnson and Higgins agencies several strokes the year before, he

VerDate jul 14 2003 01:48 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.017 H27PT1 April 27, 2004 CONGRESSIONAL RECORD — HOUSE H2387 commuted to the club each day alone Norton to speak to classes and dis- resources for our communities and internation- from his suburban Chicago home, never tribute the books. The response was ally. As global members, Lions provide imme- missing a moment of the Lions Inter- unbelievable. diate and sustained relief in time of disaster national Convention where thunderous Soon, every State had its own book- and offer long-term assistance to those in applause for the Founder shook the let on Liberty Day, and many have need. Lions International has raised millions of rafters. Statewide Liberty Day coordinators, dollars for various charitable causes, including On June 1, 1961, Melvin’s perfect at- who are continuously seeking to pro- sight conservation, diabetes awareness and tendance record ended with his passing mote and collect private donations to cancer research. For over 85 years, Lions into the next life. Soon after, the inter- print these books. In fact, in 2000, both International has benefited countless persons national board of directors proclaimed the House and the Senate passed reso- by fulfilling the mission set out by Melvin January 13, Melvin Jones’ day as a lutions honoring and recognizing the Jones in the association’s motto: ‘‘We Serve.’’ memory each year for his contribu- contributions of Liberty Day. Mr. Speaker, and I am pleased to honor the tions to the world of Lionism. In 1965, I am proud to be State Chairman of service and commitment Melvin Jones made the Melvin Jones Lions International Minnesota’s Liberty Day program. In to build a brighter future for our country, and Memorial was dedicated near his birth- my State, I have had the honor of par- I know my colleagues will join me today in rec- place at Fort Thomas, Arizona. ticipating in more than a dozen of ognizing his valuable contributions. In June 1999, the Lions international these celebrations, talking to thou- board dedicated a prestigious 50-foot sands of students and adults, and the Mr. STENHOLM. Mr. Speaker, I rise today spire in his honor as a lasting tribute response has been overwhelmingly in support of House Resolution 399, honoring to his memory. positive. the achievements of Melvin Jones and recog- During his remarkable life, Melvin Liberty Day has evolved into more nizing the contributions of Lions Club Inter- Jones accumulated dozens of award, than just a celebration for students. It national. honors and accolades, including par- is a celebration in which the whole One of our Nation’s great success stories ticipation in a White House business community can participate. Many began when Jones, then an insurance agent, leaders conference to discuss the econ- communities celebrate by holding pub- looked around his business luncheon group omy in 1932 and representing the Lions lic lectures, displaying sections of the and asked a question: Club at the preliminary planning for Declaration of Independence and Con- ‘‘What if these men, who are successful be- the United Nations in 1945. stitution in public places and staging cause of their drive, intelligence, and ambition, Today, the Lions Club International mock debates on issues our Founding were to put their talents to work improving is the largest network of service clubs Fathers grappled with more than 200 their communities?’’ in the world, comprising more than years ago. These celebrations are ter- On June 7th, 1917, Lions Clubs Inter- 46,000 clubs and 1.4 million members in rific opportunities to connect with our national was born. Jones eventually left the in- 193 countries. constituents and provide an example surance business to devote himself to the or- In addition to bringing sight to the and opportunity to give something ganization full-time. With his guidance, Lions blind, the Lions help build a brighter back to our communities who have en- Club International became one of the world’s future for their communities by per- trusted us with the responsibility of leading service associations. Jones’s leader- forming a wide range of services from doing the people’s business. It is also a ship was held in such high regard that he was cleaning up local parks and developing chance to leave a lasting impression in recruited as a consultant during the organiza- youth programs to assisting the hear- the minds of young and old alike and tion of the United Nations. ing impaired and promoting diabetes erase some of the cynicism they have awareness. towards government and public offi- Today, almost 1.4 million Lions Club mem- One of the Lions’ newest and most cials. bers in 193 countries tackle problems like exciting programs is the Liberty Day In closing, none of the outstanding blindness, drug abuse prevention, diabetes Program. Unfortunately, as most of us programs and services provided by awareness, and disaster relief. Lions build are well aware, over the years civics Lions Club International that have parks, support hospitals and establish water education has become only voluntary touched the lives of many millions treatment programs. The largest Lions Club in in many schools across the country. around the world would have been pos- the United States meets in Lubbock, Texas, Even where it is taught, many Amer- sible without the selfless dedication of where they’ve served since 1929. ican government and history books Melvin Jones and the millions of volun- The Lions have been with us for 85 years. have left out the two most important teers who have followed in his pursuit Melvin Jones’s philosophy that ‘‘You can’t get documents in our history, the Declara- of serving others. very far until you start doing something for tion of Independence and the Constitu- I urge all of my colleagues to support somebody else’’ has become the motto of tion. These omissions will have a detri- this resolution and give Melvin Jones service-minded folks the world over. Where mental effect on our republic, with and the Lions Club International the there’s need, they’re there. Where there’s young people learning less about our congressional recognition they deserve. work to do, they serve. founding and how precious our democ- Mr. FROST. Mr. Speaker, I rise today to Mr. CANNON. Mr. Speaker, I yield racy is. honor Lions Club International founder, Melvin back the balance of my time. As Members of Congress, we have a Jones, for his legacy of volunteerism and com- responsibility to give back to our com- munity service. Melvin Jones was born on The SPEAKER pro tempore (Mr. munities and combat the cynicism and January 13, 1879 at Fort Thomas, Arizona, SCHROCK). The question is on the mo- apathy that some of our constituents and passed away on June 1, 1961 at the age tion offered by the gentleman from have towards government. of 82. He founded the Association of Lions Utah (Mr. CANNON) that the House sus- In the summer of 1966, two members Clubs in 1917, the same year they held their pend the rules and agree to the resolu- of the Youth Service Committee of the national convention in Dallas, TX. tion, H. Res. 399. Lions Club in Denver, Colorado, started Melvin Jones abandoned his job at an insur- The question was taken. a small program in Denver schools to ance agency to devote himself full time to the The SPEAKER pro tempore. In the distribute books containing the Dec- Lions. He was a dedicated individual who opinion of the Chair, two-thirds of laration of Independence and the Con- gave back to his community and worked hard those present have voted in the affirm- stitution. The program immediately to improve the lives of others. Melvin Jones ative. got traction and volunteers sought out had a vision for the Lions to expand their Mr. CANNON. Mr. Speaker, on that I private donations for the printing of focus to help meet the ever-increasing needs demand the yeas and nays. these little booklets. of our global community. Other Lions Club members and vol- Today, Lions International has over 1.4 mil- The yeas and nays were ordered. unteers pitched in and recruited elect- lion members in over 170 countries worldwide. The SPEAKER pro tempore. Pursu- ed State officials in Colorado ranging As a proud member of the Oak Cliff Lions ant to clause 8 of rule XX and the from the Speaker of the State House, Club in Dallas, TX, I am pleased to celebrate Chair’s prior announcement, further Russell George, to former Senator their 75th anniversary and salute each mem- proceedings on this motion will be Gary Hart and Attorney General Gale ber who graciously gives their time, skills and postponed.

VerDate jul 14 2003 01:48 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.019 H27PT1 H2388 CONGRESSIONAL RECORD — HOUSE April 27, 2004 SUPPORTING THE GOALS AND port for the Commission, and requirements financial times become difficult. We all IDEALS OF FINANCIAL LIT- that the Commission’s materials, website, need to take steps to learn economic ERARY MONTH toll-free hotline, and national multimedia fundamentals and teach our children campaign be multilingual; and these principles as well. All of us can Mr. CANNON. Mr. Speaker, I move to Whereas the National Council on Economic suspend the rules and agree to the reso- Education, its State Councils and Centers for enjoy big returns on our investments lution (H. Res. 578) supporting the Economic Education, the Jump$tart Coali- in financial literacy. goals and ideals of Financial Literacy tion for Personal Financial Literacy, its Mr. Speaker, I thank the gentle- Month, and for other purposes. State affiliates, and its partner organiza- woman from Illinois (Mrs. BIGGERT), The Clerk read as follows: tions have designated April as ‘‘Financial my friend and distinguished Member H. RES. 578 Literacy Month’’ to educate the public about from Illinois, for her work on H. Res. the need for increased financial literacy for Whereas the financial services industry in 578. I urge its adoption. youth in the United States: Now, therefore, the United States benefits millions of people Mr. Speaker, I reserve the balance of be it in the United States, providing products and my time. Resolved, That the House of Representa- services that allow individuals and families Mr. DAVIS of Illinois. Mr. Speaker, I tives— to build homes, buy cars, finance educations, yield myself such time as I might con- (1) supports the goals and ideals of Finan- start businesses, and meet everyday needs; cial Literacy Month; and sume. Whereas personal financial education is es- (2) requests that the President issue a Mr. Speaker, providing America’s sential to ensure that individuals are pre- proclamation calling on the Federal Govern- youth with a good education has been a pared to manage money, credit, and debt, ment, States, localities, schools, nonprofit national priority but also a national and become responsible workers, heads of organizations, businesses, other entities, and failure. Not only are many children of households, investors, entrepreneurs, busi- ness leaders, and citizens, yet a study com- the people of the United States to observe our great Nation being deprived of a pleted in 2002 by the Jump$tart Coalition for the month with appropriate programs and good academic education, but many Personal Financial Literacy found that high activities. young people today lack the life skills school seniors knew less about principles of The SPEAKER pro tempore. Pursu- necessary to function without the fi- basic personal finance than did high school ant to the rule, the gentleman from nancial assistance of their parents. seniors 5 years earlier; Utah (Mr. CANNON) and the gentleman According to the JumpStart Coali- Whereas financial education has been from Illinois (Mr. DAVIS) each will con- tion for Financial Literacy, high linked to lower delinquency rates for mort- trol 20 minutes. school seniors today know less about gage borrowers, higher participation and the principles of basic personal finance contribution rates in retirement plans, im- The Chair recognizes the gentleman proved spending and saving habits, higher from Utah (Mr. CANNON). than seniors did 5 years ago. Even more net worth, and positive knowledge, attitude, GENERAL LEAVE startling is the fact that the average and behavior changes, yet a survey com- Mr. CANNON. Mr. Speaker, I ask student who graduates from high pleted in 2002 by the National Council on unanimous consent that all Members school lacks the basic skills for man- Economic Education found that a decreasing may have 5 legislative days within aging their own personal finances. number of States include personal finance in Many are unable to do simple tasks education standards for students in kinder- which to revise and extend their re- marks and include extraneous mate- like balancing a checkbook. garten through high school; Over the last 50 years, a dangerous rials on H. Res. 578, the bill under con- Whereas expanding access to the main- trend has developed. Saving money has stream financial system provides individuals sideration. declined at the same time that bor- with lower cost, safer options for managing The SPEAKER pro tempore. Is there rowing has increased. In 1950, savings finances and building wealth and is likely to objection to the request of the gen- averaged 12.3 percent of national out- lead to increased economic activity and tleman from Utah? put. By the 1960s, it was down to 8.5 growth, yet between 25,000,000 and 56,000,000 There was no objection. people over the age of 18 do not use main- percent. By the 1980s, it was down to 4.7 Mr. CANNON. Mr. Speaker, I yield stream, insured financial institutions and percent, and in the early 1990s, it was myself as much time as I may con- are considered ‘‘unbanked’’; only 2.4 percent. Whereas personal financial management sume. Americans need to work to achieve skills and lifelong habits develop during Mr. Speaker, H. Res. 578 supports the financial independence, and proper fi- childhood, and 55 percent of college students goals and ideals of Financial Literacy nancial planning is crucial to that acquire their first credit card during their Month. The National Council on Eco- first year in college, yet only 26 percent of process. nomic Education, its State Councils While not a final solution, educating people between the ages of 13 and 21 reported and Centers for Economic Education that their parents actively taught them how our youth about the principles of per- to manage money; and the JumpStart Coalition for Per- sonal finance would do a great deal to Whereas although more than 42,000,000 peo- sonal Financial Literacy have deemed help them achieve financial independ- ple in the United States participate in quali- April to be Financial Literacy Month. ence and prosperity. Educating new fied cash or deferred arrangements described Along with my colleagues, especially generations to understand personal fi- in section 401(k) of the Internal Revenue the sponsor of this resolution, the gen- nance would help future Americans Code of 1986 (commonly referred to as ‘‘401(k) tlewoman from Illinois (Mrs. BIGGERT), plans’’), a Retirement Confidence Survey build wealth and obtain financial inde- I am pleased to be highlighting this pendence. conducted in 2002 found that only 32 percent designation and the important cause of of workers surveyed have calculated how In order for our youth to lead suc- much money they will need to save for re- financial literacy. cessful lives these life lessons must be tirement, and 25 percent of workers have This resolution aims to increase taught. Creating a Financial Literacy done no specific planning for retirement; awareness of the significance of Month is a great first step towards pro- Whereas financial literacy empowers indi- thoughtful and well-planned personal tecting our youth from poverty. viduals to make wise financial decisions in financial management. It can be over- I rise today to ask that we support an increasingly complex economy, and only whelming for people of any age to man- the goals and ideas of Financial Lit- 30 percent of those surveyed in an Employee age money, credit and debt, but learn- eracy Month and that this President Benefit Trend Study conducted in 2003 are ing simple financial principles can help confident in their ability to make the right issue a proclamation calling on the financial decisions for themselves and their protect you against severe family ill- Federal Government, as well as State families; ness, short-term losses of employment, and local governments, to observe the Whereas personal savings as a percentage economic downturns, and other aspects month with appropriate programs and of personal income decreased from 7.5 per- of life that most of us will experience activities that promote financial ac- cent in the early 1980s to 2.3 percent in the at one time or another. countability. first 3 quarters of 2003; Mr. Speaker, the resolution cites the Finally, Mr. Speaker, I want to com- Whereas Congress sought to implement a fact that over the last 20 years per- mend my colleague the gentlewoman national strategy for coordination of Federal sonal savings have decreased from 7.5 from Illinois (Mrs. BIGGERT) and my financial literacy efforts through the estab- lishment of the Financial Literacy and Edu- percent of personal income to just over good friend the gentleman from Utah cation Commission in 2003, the designation 2 percent today. This reality means (Mr. CANNON) for the lead roles that of the Office of Financial Education of the more Americans have just a small they have played in introducing and Department of the Treasury to provide sup- cushion on which to fall back on when bringing this legislation to the floor.

VerDate jul 14 2003 01:48 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.021 H27PT1 April 27, 2004 CONGRESSIONAL RECORD — HOUSE H2389 Mr. Speaker, I reserve the balance of cific target, they all recognize that the tleman from California (Mr. DREIER) my time. most effective time to impart basic fi- for his long-term work on this issue. Mr. CANNON. Mr. Speaker, I yield as nancial and economic knowledge is Mr. DAVIS of Illinois. Mr. Speaker, much time as she may consume to the during a student’s formative years it is my pleasure to yield such time as gentlewoman from Illinois (Mrs. through the K through 12 education he may consume to the gentleman BIGGERT), the sponsor of H. Res. 578. system. from Texas (Mr. HINOJOSA), a Member Mrs. BIGGERT. Mr. Speaker, I thank Many States have introduced out- who has distinguished himself as an ed- the gentleman for yielding me the standing financial literacy programs ucator, an outstanding businessperson time. for children. In my home State of Illi- and an outstanding legislator, and who Mr. Speaker, I rise today in strong nois, State Treasurer Judy Baar has been at the heart of the develop- support of H. Res. 578, which my col- Topinka created the Bank At School ment of this legislation. league the gentleman from Texas (Mr. program, which helps children learn Mr. HINOJOSA. Mr. Speaker, I rise HINOJOSA) and I introduced to des- the fundamentals of money manage- in support of House Resolution 578 that ignate April as Financial Literacy ment through the operation of an in- the gentlewoman from Illinois (Mrs. Month. We did so in order to raise the school bank. Schools are partnered BIGGERT) and I introduced earlier this public awareness about the importance with financial institutions which con- year. The legislation supports the goals of financial education in the United duct a monthly bank day at the school and ideals being acknowledged in nam- States and the serious consequences where students open savings accounts ing April as Financial Literacy Month. that come when young people and and make regular deposits. I should note that the gentlewoman adults lack basic understanding of per- I believe that these kinds of pro- from Illinois and I have been working sonal finances and economics. grams provide the guidance that is des- together on a number of financial lit- perately needed; but we need more, and eracy projects for quite some time, and b 1445 we need them now. For instance, while I look forward to continuing to coordi- Today, 60 percent of preteens do not 40 States have set standards for per- nate our efforts to improve financial understand the difference between sonal financial education in 2000, only literacy programs for our youth and for cash, checks, and credit cards. We need 31 States renewed their standards in U.S. residents at all stages of their to teach basic financial literacy skills 2002. Of these 31 States, only four lives. so that they can understand the dif- States, Idaho, Kentucky, Illinois, and I want to thank the Committee on ference. But financial literacy is only New York, implemented a course that Government Reform for bringing this part of the problem. covers personal finance during a stu- legislation to the floor today to cele- It is equally important they under- dent’s K through 12 education. In 2002, brate April as Financial Literacy stand basic economic concepts, such as Jump$tart released a survey that Month. Improving financial literacy, supply and demand, opportunity costs, showed high school seniors know even especially in the communities of the what drives interest rates, and other less about credit cards, retirement Rio Grande Valley of Texas and Cen- economic principles. Why? Well, it is funds, insurance, and other personal fi- tral Texas, has been a top priority of because financially literate students nance basics than they did 5 years ago. mine. My ultimate goal is to educate may learn what the credit card is, but This is a trend that we must reverse. our youth about financial issues in the lesson will be meaningless if they With only seven States currently rec- order to prepare them for the real do not understand the concept of com- ognizing financial literacy month, world. pound interest. there is obviously a great deal of work It is also important that we educate Just look at the pay-off. Financial to do. But if we take the time to take adults and seniors on the basics of fi- education, including economics, has on this challenge, we can begin to turn nancial literacy to bring them into the been linked to lower delinquency rates things around and excite students mainstream financial system and to for mortgage borrowers, higher partici- about becoming the next generation of protect them from payday lenders, as pation and contribution rates in retire- investors. well as to protect them from predatory ment plans, improved spending and Mr. Speaker, the state of financial lenders and others who would take ad- savings habits, higher net worth, and literacy among our children may not vantage of them. And so I have decided more positive attitudes towards garner much in the way of headlines, to act to address these concerns. money. but it is an issue nonetheless that The chairman of the Subcommittee If our young people learn how to should command our attention. While on Financial Institutions and Con- manage money, credit, and debt, they it is a problem that is serious and ur- sumer Credit of the House Committee can become responsible workers, heads gent, it is one that can be solved on Financial Services, the gentleman of households, investors, entre- through education. This body would from Alabama (Mr. BACHUS), held a preneurs, business leaders, and citi- like to call special attention to that hearing at my request on bringing the zens. It is through financial education need during the month of April. It is unbanked into the mainstream finan- these young consumers will learn to our duty to help our youth succeed in cial system. The chairman of the Sub- capitalize on the choices and flexibility today’s increasingly sophisticated committee on Education Reform of the that this new world has created. And world of finance. Committee on Education and the financially literate children grow up to We must continue to keep the pres- Workforce, the gentleman from Dela- be financially savvy adults. And we sure on in terms of public awareness of ware (Mr. CASTLE), and the ranking need more of them. the problem. I hope that we will use member, the gentlewoman from Cali- Today, more than 42 million Ameri- this month as a springboard to raise fornia (Ms. WOOLSEY), held a hearing cans participate in 401(k) plans. But a public awareness about the importance on financial literacy that allowed the 2002 retirement confidence survey of financial education in the United gentlewoman from Illinois and myself found that only 32 percent of workers States. to discuss the CENTS Act, which would surveyed have calculated how much I want to thank my distinguished establish a commission to educate our money they will need to save by the colleague and friend, the gentleman nation’s teachers and students on fi- time they retire. And less than one- from Texas (Mr. HINOJOSA), for his nancial literacy skills. third of those surveyed are confident in strong support and cosponsorship of I also promoted financial literacy their ability to make the right finan- this resolution. I would also like to when I spoke at a panel with the gen- cial decisions for themselves and their thank the chairman of the Committee tleman from Alabama (Mr. BACHUS) families. One-quarter of those workers, on Government Reform, the gentleman and the gentleman from Virginia (Mr. over 10 million Americans, have done from Virginia (Mr. TOM DAVIS), and es- TOM DAVIS) at the FDIC’s symposium no specific financial planning. pecially the gentleman from Utah (Mr. on financial literacy held at the Na- Many programs already exist in both CANNON) and the gentleman from Illi- tional Press Club. With the assistance the public and private sectors to ad- nois (Mr. DAVIS), also members of the of the gentleman from Massachusetts dress economic education and financial Committee on Government Reform, for (Mr. FRANK), the ranking member on literacy; but no matter what their spe- managing this resolution and the gen- the Committee on Financial Services, I

VerDate jul 14 2003 01:48 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.023 H27PT1 H2390 CONGRESSIONAL RECORD — HOUSE April 27, 2004 was able to add a section to the FACT Mr. DREIER. Mr. Speaker, I thank literacy public service campaign to Act to ensure that the commission it my friend for yielding me this time and raise the awareness level regarding per- creates on financial literacy will de- for his management of this legislation; sonal finance. I was pleased that we velop and promote financial literacy and I want to begin by extending my have had that in legislation that we and education materials in languages compliments to my very distinguished have pursued in the past. other than English, including for the colleague, the gentlewoman from Illi- Last month there were a number of commission’s Web site, a toll-free num- nois (Mrs. BIGGERT), who has long been organizations that had spent time and ber, a national media campaign, and all a champion on this issue, as well as my effort focusing on and promoting finan- the materials it disseminates. friend, the gentleman from Texas (Mr. cial literacy. They include Citigroup Before I conclude, I want to point out HINOJOSA), who just gave a very and the Citigroup Foundation’s $200 some financial literacy programs of thoughtful statement about where we million global financial literacy initia- note. The FDIC has a well-written and go and why we need to focus on ensur- tive; the Credit Union National Asso- helpful program in English, Spanish, ing that we provide financial literacy ciation’s National Credit Union Youth and numerous other languages known education to young people in this coun- Week; the American Bankers Associa- as Money Smart that targets adults. It try. And of course every single debate tion’s National Teach Children to Save is being disseminated in my district, on the House floor is dramatically en- Day; the Jump Start Coalition’s bien- and it is helping to encourage the hanced by the voice of the gentleman nial Survey on the State of Financial adults in my district to move into the from Illinois (Mr. DAVIS), so I want to Literacy among high schoolers; the Na- financial mainstream. express my appreciation as always to tional Council on Economic Education/ Several large banks, such as Wells him for his presence here. NASDAQ Educational Foundation’s Fargo and Bank of America, have im- Several years ago, Mr. Speaker, I National Teaching Awards Event; and plemented financial literacy programs joined our colleague, the gentleman last but not least, my Governor in Cali- that are now being used in schools for from North Dakota (Mr. POMEROY), in fornia, Arnold Schwarzenegger, estab- K through 12 programs. The Inde- establishing an organization known as lished April 2004 as California Finan- pendent Bankers in Texas have been Jump$tart, realizing that many of us cial Literacy Month with a proclama- attempting to encourage the Texas years and years ago took for granted tion. State legislature to include financial the understanding of financial literacy. Put very simply, Mr. Speaker, finan- literacy programs as a requirement for I will never forget, as a kid, when my cial literacy is all about opportunity. graduation from high school for quite father ensured that I started a savings It is about empowering individuals to make informed financial decisions, some time. account. I looked at that little pass- helping them to attain financial inde- There are numerous other financial book that I had, which saw only a rel- pendence and to plan for their future literacy programs out there: Freddie atively modest rate the money I had in prosperity. Working together, we can Mac’s CreditSmart Espanol program to there growing; but it was a wonderful, ensure that the young people in our train the teachers to train other teach- wonderful thing. country gain a fundamental under- ers how to teach their financial lit- Today, when we look at the wide standing of personal finance to help eracy program; NCEE’s K through 12 range of information that is flooding program; ACB’s Money Rules program; them succeed later in life. not only adults but young people as I again congratulate the gentle- Fannie Mae’s Homeownership program well, and we look at this 21st-century woman from Illinois (Mrs. BIGGERT) in English and Spanish; ICI’s Investing economy, we realize that everybody is and the gentleman from Texas (Mr. for Success program; and Operation deluged, whether it is through the mail HINOJOSA) for recognizing that focusing Hope’s Banking on Our Future pro- by credit cards, on the Web, through this month of April on financial lit- gram, and many others. advertising that we see; and it can be eracy is the right thing to do. I know There are too many other programs extraordinarily confusing. And so that all of my colleagues will want to to mention in the time I have been al- things that were taken for granted dec- join in support of this important reso- lotted, which is why a financial lit- ades ago when many of us were grow- lution. eracy commission was created by the ing up, we now have to focus on in the Mr. DAVIS of Illinois. Mr. Speaker, I FACT Act. The gentlewoman from Illi- way of education for our young people. yield myself the balance of my time. nois and I will monitor it with our col- On the Web today, people have the My mother used to tell us that if we leagues in Congress to ensure that it is tremendous opportunity to pay their learned to take care of our pennies, a success. bills, they have the opportunity to that our nickels and quarters would Mr. Speaker, I want to thank the have access to a wide range of financial take care of themselves. I think some gentlewoman from Illinois (Mrs. services and products, and we also need of those same principles are embedded BIGGERT) and her legislative assistant, to realize that today we have seen this in this legislation. I am proud to sup- Danielle English, for working with me growing investor class. Over half of the port it. on this important legislation and all American people, Mr. Speaker, are Mr. Speaker, I yield back the balance other projects; and I especially want to members of the investor class. They of my time. thank my colleague, the gentleman are invested either through their Mr. CANNON. Mr. Speaker, I yield from Massachusetts (Mr. FRANK), and 401(k), through individual retirement myself the balance of my time. Jaime Lizarraga, on his staff, for all accounts, through pension funds, and The prior speaker, the gentleman their assistance on financial literacy of course those who directly invest in from California (Mr. DREIER), referred issues. the markets or in real estate or in to the financial services products that On behalf of the Committee on Fi- other areas. So more than half the we have available. I would just like to nancial Services, I urge my colleagues American people are members of that remind us all that we now have a new to support H. Res. 578. investor class. product in that array, that is, the Mr. CANNON. Mr. Speaker, I yield As that number grows, it seems to health savings account which we myself such time as I may consume, me, Mr. Speaker, that we need to do passed in the recent Medicare package. and I want to thank the gentleman everything we possibly can to ensure It is good for all Americans. It is one of from Texas for his comments, com- that our young people have an aware- the elements of financial awareness mend him for his significant work in ness level of things that were so often that I hope is advanced through this fi- promoting financial literacy, and asso- taken for granted and seen as simple nancial literacy approach that we are ciate myself with his comments about common sense in the past. taking here today. the importance of training especially I would like to thank the gentle- children in financial literacy. b 1500 woman from Illinois (Mrs. BIGGERT) Mr. Speaker, I yield such time as he We passed last year legislation, the and also the gentleman from Texas may consume to the gentleman from Federal Financial Literacy Commis- (Mr. HINOJOSA) for their support of this California (Mr. DREIER), one of the sion, to promote and enhance financial bill and bringing it to the floor today. most financially astute Members of the literacy for all Americans. The initia- I would also like to thank the gen- House. tive established a national financial tleman from Illinois (Mr. DAVIS). It is

VerDate jul 14 2003 01:48 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.025 H27PT1 April 27, 2004 CONGRESSIONAL RECORD — HOUSE H2391 always a pleasure to work with him on Today, our nation’s youth are bombarded also seen the need for continued financial projects like this. with a multitude of financial options at an in- education for consumers at all economic lev- Mr. Speaker, I urge all Members to creasingly young age. Yet many are ill- els. support the adoption of House Resolu- equipped to make informed decisions about fi- Last year, the House last year passed H.R. tion 578. nancial matters. According to a 2001 Teenage 2622, which will allow any American to receive Mr. CANTOR. Mr. Speaker, I rise today to Research Unlimited survey, teenagers spend a free copy of their credit report each year. speak in favor of this resolution that will des- rather than save 98 percent of their money, a This tool will help consumers give their credit ignate the month of April as ‘‘Financial Lit- total of $172 billion in 2002. One out of every a check-up before they apply for a loan, buy eracy Month.’’ I would like to thank my col- three teenagers has credit cards and even a house, or make a major credit purchase. We league, Ms. BIGGERT from Illinois, for intro- more have an ATM card. cannot even begin to encourage low and mid- ducing this legislation. It is important that we Various public and private organizations dle wage earners to use these tools, invest in raise public awareness and support financial have developed programs to promote public the stock market or consider a home mort- knowledge in the United States. The penalties knowledge of basic finances. Many of these gage if they do not have a basic economic un- that may be associated with a lack of under- organizations are working with elementary and derstanding of savings and credit. standing of personal finances are too grave for secondary students to provide them with a By having a good understanding of fi- Americans to be left in the dark. strong education in money management and nances, Americans can help prevent identity The majority of Americans successfully use provide teacher training on how to integrate theft and protect themselves from being vic- the assistance offered by the financial service basic financial education principles into cur- tims of predatory lending practices. Under- industry each year. These organizations help ricula. standing finances also helps consumers know individuals to build homes, buy a car, finance For example, in my home state of Delaware, how to start saving money for retirement and an education, start a business, and many MBNA opened the Financial Advisory Service higher education. Information is needed to in- other everyday needs. It is essential that indi- (FAS) over ten years ago, which offers profes- form tomorrow’s investors so that they can viduals are prepared to manage their money, sional advice to MBNA people and their imme- make sound investment decisions in a variety credit, and debt as well as to become respon- diate family members. FAS, under the leader- of market and economic conditions. The best sible workers, investors, business leaders, and ship of Tom Dibble, set out to offer profes- way to prevent future economic scandals is to citizens. sional personal money management education create smarter investors. This April, Members Promoting financial literacy encourages all for all MBNA people. Since the service was of Congress have a good opportunity to put a Americans to make wise financial decisions established, MBNA has extended the service spotlight on economic education. and expands their access to the mainstream into the community and into the local school I hope my colleagues will join me by recog- financial system that provides lower costs, systems through the facilitation of basic credit nizing Financial Literacy Month and supporting safer options and a greater ability to build and money management curriculum to all passage of this resolution. Ms. LORETTA SANCHEZ of California. Mr. wealth. The end result is not only greater em- grade levels in elementary, high schools, and Speaker, I rise today to offer my support for H. powerment for the American people, but a colleges throughout the country. FAS has edu- Res. 578, a resolution that would support the likely increase in economic activity and cated nearly 1,500 students in Delaware goals and ideals of Financial Literacy Month. growth. 14,000 students throughout the country since Before I became a Congresswoman, I was I would like to thank the Financial Literacy 1995. Their extensively educated advisors a businesswoman. I started my own consulting and Education Commission, the National teach, not only credit information, but, espe- firm in Santa Ana, California assisting public Council on Economic Education, the cially in the case of students, spend a great agencies and private firms with cost-benefit Jump$tart Coalition for Personal Financial Lit- deal of time on financial basics like balancing analysis, strategic planning and capital acqui- eracy, its state affiliates, and its partner orga- a checkbook and budgeting. sition. I have spent many years in the financial nizations for designating April as ‘‘Financial This fall I held a hearing in my Sub- sector, and know first-hand the importance of Literacy Month,’’ educating the public about committee entitled, ‘‘Financial Literacy Edu- financial literacy and education. the need for increased financial literacy for cation: What Do Students Need to Know to As Chairwoman of the Congressional His- youth in the United States. Plan For the Future?’’ I was particularly inter- panic Caucus Task Force on Banking and Fi- Personal finance education and awareness ested in learning what schools, government, nance, I am committed to increasing financial is fundamental in ensuring that the public is and industry were doing to help educate youth literacy in minority communities. Later this well-versed in issues that will affect them about not only the intricacies of being finan- year, I will be holding an issues conference today, as well as in years to come, as they cially sound, but also the very basics. I was with leaders from the financial world to discuss plan for college, home-buying, and eventually pleased to learn that there is engagement ways of connecting the financial sector with retirement. We must supply them with the across the spectrum. I am happy to support Hispanic youth to educate them on business knowledge they need in order to succeed in today’s resolution—to recognize those that are and career opportunities. We will also explore today’s complex world of finance. already active, and to encourage more to be- the obstacles minorities face in obtaining cap- I urge the passage of this legislation, and I come active. ital and examine the effectiveness of today’s yield back the balance of my time. Mr. SCOTT of Georgia. Mr. Speaker, I rise top financial companies in preparing Latinos Mr. CASTLE. Mr. Speaker, I rise in support to recognize April as Financial Literacy Month. as leaders in the banking and financial sector. of H. Res. 578, which recognizes and sup- I have joined with Congresswoman JUDY Mr. Speaker, I cannot emphasize enough ports the goals of Financial Literacy Month. BIGGERT to introduce H. Res. 578 to recognize the importance of financial literacy. Financial Now more than ever, we live in a world that the goals of Financial Literacy Month. As a knowledge enables individuals to become has become increasingly complicated when it member of Congress who has an MBA from more successful, manage their money wisely comes to personal financial matters. A genera- the Wharton School of Finance, I believe that and contribute to the economy. It is critical tion ago, a basic knowledge of balancing a there are several steps that Americans can that we educate our young people and en- checkbook and maintaining a savings account take to gain access to the financial main- courage them to seek out opportunities in the was adequate. However, in today’s complex stream. The first and most important step is to business world. I thank the Gentlelady from Il- world many Americans are faced with difficult have fundamental financial literacy. With that linois for introducing this important bill, and decisions such as determining what type of knowledge, a consumer can increase access would urge my colleagues to support it. loan they need; whether to invest in stocks or to good credit, home ownership, and be able Mr. CANNON. Mr. Speaker, I yield bonds; how to best manage credit; and how to invest money for retirement security. back the balance of my time. soon to start planning for family education The JumpStart Coalition, which is a financial The SPEAKER pro tempore (Mr. needs and their retirement. There are approxi- literacy advocacy organization, estimates that SCHROCK). The question is on the mo- mately 40,000 different credit products avail- only approximately 15 percent of high school tion offered by the gentleman from able, an intimidating thought for the most edu- graduates in the United States have taken a Utah (Mr. CANNON) that the House sus- cated consumer. course covering basic personal finances. pend the rules and agree to the resolu- Unfortunately, large numbers of consumers Through my work as a member of the House tion, H. Res. 578. never learn the basics of maintaining their per- Financial Services Committee, I have come to The question was taken. sonal finances and may struggle unnecessarily recognize the importance of integrating eco- The SPEAKER pro tempore. In the with choices leading to financial freedom. In- nomics and personal finance into the K–12 opinion of the Chair, two-thirds of stead, many live paycheck to paycheck and curricula, and the positive impact this can those present have voted in the affirm- acquire substantial debt. have on millions of future investors. I have ative.

VerDate jul 14 2003 01:48 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.027 H27PT1 H2392 CONGRESSIONAL RECORD — HOUSE April 27, 2004 Mr. CANNON. Mr. Speaker, on that I vidual income tax rate bracket expan- Gerlach Lofgren Rodriguez Gibbons Lowey Rogers (AL) demand the yeas and nays. sion, for married taxpayers filing joint Gilchrest Lucas (KY) Rogers (KY) The yeas and nays were ordered. returns, which was referred to the Gillmor Lynch Rogers (MI) The SPEAKER pro tempore. Pursu- House Calendar and ordered to be Gingrey Majette Ros-Lehtinen ant to clause 8 of rule XX and the printed. Gonzalez Maloney Ross Chair’s prior announcement, further Goode Manzullo Roybal-Allard f Goodlatte Markey Royce proceedings on this motion will be Gordon Marshall Ruppersberger postponed. ANNOUNCEMENT BY THE SPEAKER Goss Matheson Ryan (OH) PRO TEMPORE Granger Matsui Ryan (WI) f Graves McCarthy (MO) Ryun (KS) Green (TX) McCarthy (NY) Sabo COMMUNICATION FROM THE ASSO- The SPEAKER pro tempore. Pursu- ant to clause 8 of rule XX, proceedings Green (WI) McCollum Sa´ nchez, Linda CIATE ADMINISTRATOR, HUMAN Grijalva McCotter T. RESOURCES, OFFICE OF CHIEF will resume on motions to suspend the Gutierrez McCrery Sanchez, Loretta ADMINISTRATIVE OFFICER rules previously postponed. Votes will Gutknecht McDermott Sanders be taken in the following order: Hall McGovern Sandlin The SPEAKER pro tempore laid be- Harman McHugh Saxton H.R. 3942, by the yeas and nays; Harris McInnis Schakowsky fore the House the following commu- House Resolution 399, by the yeas and Hastings (WA) McIntyre Schiff nication from Kathy A. Wyszynski, As- nays; and Hayes McKeon Schrock sociate Administrator, Human Re- House Resolution 578, by the yeas and Hayworth McNulty Scott (GA) sources, Office of the Chief Administra- Hefley Meehan Scott (VA) nays. Hensarling Meek (FL) Sensenbrenner tive Officer: The first and third electronic votes Herger Meeks (NY) Serrano OFFICE OF THE CHIEF ADMINISTRA- will be conducted as 15-minute votes. Hill Menendez Sessions TIVE OFFICER, HOUSE OF REP- Hinchey Mica Shadegg The second vote in this series will be a Hinojosa Michaud Shaw RESENTATIVES, 5-minute vote. Hobson Millender- Shays Washington, DC, April 27, 2004. Hoekstra McDonald Sherman Hon. DENNIS J. HASTERT, f Holden Miller (FL) Sherwood Speaker, House of Representatives, Holt Miller (MI) Shimkus Washington, DC RHODE ISLAND VETERANS POST Honda Miller (NC) Simmons DEAR MR. SPEAKER: This is to formally no- OFFICE BUILDING Hooley (OR) Miller, Gary Simpson tify you, pursuant to Rule VIII of the Rules The SPEAKER pro tempore. The Hostettler Miller, George Skelton of the House of Representatives, that I have Houghton Moore Slaughter pending business is the question of sus- Hoyer Moran (KS) Smith (MI) been served with an administrative sub- Hulshof Moran (VA) Smith (TX) poena, issued by the New York City Depart- pending the rules and passing the bill, H.R. 3942. Hunter Murphy Smith (WA) ment of Investigations, for certain payroll Hyde Murtha Snyder documents. The Clerk read the title of the bill. Inslee Musgrave Solis After consulting with the Office of General The SPEAKER pro tempore. The Isakson Myrick Spratt Counsel, I have determined that compliance question is on the motion offered by Israel Napolitano Stearns with the subpoena is consistent with the Issa Neal (MA) Stenholm the gentleman from Utah (Mr. CANNON) Istook Nethercutt Stupak privileges and rights of the House. that the House suspend the rules and Jackson (IL) Neugebauer Sullivan Sincerely, pass the bill, H.R. 3942, on which the Jackson-Lee Ney Sweeney KATHY WYSZYNSKI, yeas and nays are ordered. (TX) Northup Tancredo Associate Administrator, Jefferson Norwood Tanner Office of Human Resources. The vote was taken by electronic de- Jenkins Nunes Tauscher vice, and there were—yeas 395, nays 0, John Nussle Taylor (MS) f not voting 38, as follows: Johnson (CT) Oberstar Taylor (NC) Johnson (IL) Obey Terry RECESS [Roll No. 131] Johnson, E. B. Olver Thomas The SPEAKER pro tempore. Pursu- YEAS—395 Johnson, Sam Ortiz Thompson (CA) Jones (NC) Osborne Thompson (MS) ant to clause 12(a) of rule I, the Chair Abercrombie Brown, Corrine Davis, Tom Kanjorski Otter Thornberry declares the House in recess until ap- Ackerman Brown-Waite, Deal (GA) Kaptur Owens Tiahrt proximately 6:30 p.m. today. Aderholt Ginny DeFazio Keller Oxley Tiberi Akin Burgess DeGette Kelly Pallone Tierney Accordingly (at 3 o’clock and 3 min- Alexander Burns DeLauro Kennedy (MN) Pascrell Towns utes p.m.), the House stood in recess Allen Burton (IN) DeLay Kennedy (RI) Pastor Turner (OH) until approximately 6:30 p.m. Andrews Calvert DeMint Kildee Paul Turner (TX) Baca Camp Deutsch Kilpatrick Payne Udall (CO) f Bachus Cannon Diaz-Balart, L. Kind Pearce Udall (NM) Baird Cantor Diaz-Balart, M. King (IA) Pelosi Upton b 1830 Baker Capito Dicks King (NY) Pence Van Hollen Baldwin Capps Dingell Kingston Peterson (MN) Vela´ zquez AFTER RECESS Ballance Capuano Doggett Kirk Peterson (PA) Visclosky The recess having expired, the House Ballenger Cardoza Doolittle Kleczka Petri Vitter Barrett (SC) Carson (IN) Doyle Kline Pickering Walden (OR) was called to order by the Speaker pro Bartlett (MD) Carson (OK) Dreier Knollenberg Pitts Walsh tempore (Mr. SIMPSON) at 6 o’clock and Barton (TX) Carter Duncan Kolbe Pombo Wamp 30 minutes p.m. Bass Case Dunn LaHood Pomeroy Watson Beauprez Castle Edwards Lampson Porter Watt f Becerra Chabot Ehlers Langevin Portman Waxman Bell Chandler Emanuel Lantos Price (NC) Weiner REPORT ON RESOLUTION PRO- Bereuter Chocola Emerson Larsen (WA) Pryce (OH) Weldon (FL) VIDING FOR CONSIDERATION OF Berkley Clay Engel Larson (CT) Putnam Weldon (PA) Berry Clyburn English Latham Quinn Weller H.R. 4181, PERMANENTLY EX- Biggert Coble Eshoo TENDING INCREASED STANDARD LaTourette Radanovich Whitfield Bilirakis Cole Etheridge Leach Rahall Wicker DEDUCTION, AND 15–PERCENT IN- Bishop (GA) Conyers Evans Lee Ramstad Wilson (NM) DIVIDUAL INCOME TAX RATE Bishop (NY) Cooper Everett Levin Rangel Wilson (SC) Bishop (UT) Costello Farr BRACKET EXPANSION, FOR MAR- Lewis (CA) Regula Wolf Blackburn Cox Fattah Lewis (GA) Rehberg Woolsey RIED TAXPAYERS FILING JOINT Blumenauer Cramer Feeney Lewis (KY) Renzi Wu RETURNS Blunt Crane Ferguson Linder Reyes Wynn Boehlert Crowley Filner LoBiondo Reynolds Young (FL) Mrs. MYRICK, from the Committee Boehner Cubin Flake on Rules, submitted a privileged report Bonilla Culberson Foley NOT VOTING—38 Bono Cummings Forbes (Rept. No. 108–470) on the resolution (H. Boozman Cunningham Ford Berman Collins Hart Res. 607) providing for consideration of Boswell Davis (AL) Fossella Bonner Crenshaw Hastings (FL) the bill (H.R. 4181) to amend the Inter- Boucher Davis (CA) Franks (AZ) Brady (PA) Delahunt Hoeffel nal Revenue Code of 1986 to perma- Boyd Davis (FL) Frelinghuysen Brown (OH) Dooley (CA) Jones (OH) Bradley (NH) Davis (IL) Frost Burr Frank (MA) Kucinich nently extend the increased standard Brady (TX) Davis (TN) Gallegly Buyer Gephardt Lipinski deduction, and the 15-percent indi- Brown (SC) Davis, Jo Ann Garrett (NJ) Cardin Greenwood Lucas (OK)

VerDate jul 14 2003 01:48 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.028 H27PT1 April 27, 2004 CONGRESSIONAL RECORD — HOUSE H2393 Mollohan Rush Tauzin Gibbons Lowey Rogers (AL) Lucas (OK) Rothman Tauzin Nadler Shuster Toomey Gilchrest Lucas (KY) Rogers (KY) Mollohan Shuster Toomey Ose Smith (NJ) Waters Gillmor Lynch Rogers (MI) Nadler Smith (NJ) Waters Platts Souder Wexler Gingrey Majette Ros-Lehtinen Ose Souder Wexler Rohrabacher Stark Young (AK) Gonzalez Maloney Ross Platts Stark Young (AK) Rothman Strickland Goode Manzullo Roybal-Allard Rohrabacher Strickland Goodlatte Markey Royce ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Gordon Marshall Ruppersberger ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The SPEAKER pro tempore (Mr. Goss Matheson Rush The SPEAKER pro tempore (Mr. SIMPSON) (during the vote). Members Granger Matsui Ryan (OH) SIMPSON) (during the vote). Members Graves McCarthy (MO) Ryan (WI) are advised 2 minutes remain in this Green (TX) McCarthy (NY) Ryun (KS) are advised 2 minutes remain on this vote. Green (WI) McCollum Sabo vote. Grijalva McCotter Sa´ nchez, Linda b 1856 Gutierrez McCrery T. b 1903 Gutknecht McDermott Sanchez, Loretta So (two-thirds having voted in favor So (two-thirds having voted in favor Hall McGovern Sanders thereof) the rules were suspended and Harman McHugh Sandlin thereof) the rules were suspended and the bill was passed. Harris McInnis Saxton the resolution was agreed to. Hastings (WA) McIntyre Schakowsky The result of the vote was announced The result of the vote was announced Hayes McKeon Schiff as above recorded. Hayworth McNulty Schrock as above recorded. A motion to reconsider was laid on Hefley Meehan Scott (GA) A motion to reconsider was laid on the table. Hensarling Meek (FL) Scott (VA) the table. Herger Meeks (NY) Sensenbrenner f f Hill Menendez Serrano Hinchey Mica Sessions PERSONAL EXPLANATION HONORING THE LIFE AND LEGACY Hinojosa Michaud Shadegg Hobson Millender- Shaw Mr. OSE. Mr. Speaker, on rollcall OF MELVIN JONES AND RECOG- Hoekstra McDonald Shays Nos. 131 and 132, I was inadvertently NIZING THE CONTRIBUTIONS OF Holden Miller (FL) Sherman detained. Had I been present, I would LIONS CLUBS INTERNATIONAL Holt Miller (MI) Sherwood Honda Miller (NC) Shimkus have voted ‘‘yea’’ on both measures. The SPEAKER pro tempore. The Hooley (OR) Miller, Gary Simmons f pending business is the question of sus- Hostettler Miller, George Simpson Houghton Moore Skelton PARLIAMENTARY INQUIRIES pending the rules and agreeing to the Hoyer Moran (KS) Slaughter resolution, H. Res. 399. Hulshof Moran (VA) Smith (MI) Mr. SESSIONS. Mr. Speaker, I have a The Clerk read the title of the resolu- Hunter Murphy Smith (TX) parliamentary inquiry. tion. Hyde Murtha Smith (WA) The SPEAKER pro tempore. The gen- Inslee Musgrave Snyder The SPEAKER pro tempore. The Isakson Myrick Solis tleman will state his inquiry. question is on the motion offered by Israel Napolitano Spratt Mr. SESSIONS. Mr. Speaker, what the gentleman from Utah (Mr. CANNON) Issa Neal (MA) Stearns are the Rules of the House as it relates Istook Nethercutt Stenholm that the House suspend the rules and Jackson (IL) Neugebauer Stupak to the Pledge of Allegiance to the agree to the resolution, H. Res. 399, on Jackson-Lee Ney Sullivan Flag? which the yeas and nays are ordered. (TX) Northup Sweeney The SPEAKER pro tempore. Rule This will be a 5-minute vote. Jefferson Norwood Tancredo XIV prescribes the daily order of busi- Jenkins Nunes Tanner The vote was taken by electronic de- John Nussle Tauscher ness of the House. The third daily order vice, and there were—yeas 395, nays 0, Johnson (CT) Oberstar Taylor (MS) of business is the ‘‘Pledge of Allegiance not voting 38, as follows: Johnson (IL) Obey Taylor (NC) to the Flag.’’ Johnson, E. B. Olver Terry [Roll No. 132] Johnson, Sam Ortiz Thomas Mr. SESSIONS. Mr. Speaker, making YEAS—395 Jones (NC) Osborne Thompson (CA) a further inquiry, are the words ‘‘under Kanjorski Otter Thompson (MS) Abercrombie Brown, Corrine Deal (GA) God’’ part of the Pledge of Allegiance? Kaptur Owens Thornberry The SPEAKER pro tempore. Section Ackerman Brown-Waite, DeFazio Keller Oxley Tiahrt Aderholt Ginny DeGette Kelly Pallone Tiberi 4 of title 4 of the United States Code Akin Burgess DeLauro Kennedy (MN) Pascrell Tierney depicts the text of the Pledge of Alle- Alexander Burns DeLay Kennedy (RI) Pastor Towns giance as follows: ‘‘I pledge allegiance Allen Burton (IN) DeMint Kildee Paul Turner (OH) Andrews Calvert Deutsch Kilpatrick Payne Turner (TX) to the Flag of the United States of Baca Camp Diaz-Balart, L. Kind Pearce Udall (CO) America, and to the Republic for which Bachus Cantor Diaz-Balart, M. King (IA) Pelosi Udall (NM) Baird Capito Dicks it stands, one Nation under God, indi- King (NY) Pence Upton visible, with liberty and justice for Baker Capps Dingell Kingston Peterson (MN) Van Hollen Baldwin Capuano Doggett Kirk Peterson (PA) Vela´ zquez all.’’ Ballance Cardoza Doolittle Kleczka Petri Visclosky Mr. SESSIONS. I thank the Chair Ballenger Carson (IN) Doyle Kline Pickering Vitter and wish to make a further inquiry. Barrett (SC) Carson (OK) Dreier Knollenberg Pitts Walden (OR) Bartlett (MD) Carter Duncan Kolbe Pombo Walsh The SPEAKER pro tempore. The gen- Barton (TX) Case Dunn LaHood Pomeroy Wamp tleman may inquire. Bass Castle Edwards Lampson Porter Watson Beauprez Chabot Ehlers Mr. SESSIONS. Mr. Speaker, if a Langevin Portman Watt Member designated to lead the House Becerra Chandler Emanuel Lantos Price (NC) Waxman Bell Chocola Emerson Larsen (WA) Pryce (OH) Weiner in the Pledge of Allegiance fails to in- Bereuter Clay Engel Larson (CT) Putnam Weldon (FL) clude the words ‘‘under God,’’ how Berkley Clyburn English Latham Quinn Weldon (PA) would it appear in the CONGRESSIONAL Berry Coble Eshoo LaTourette Radanovich Weller Biggert Cole Etheridge Leach Rahall Whitfield RECORD? Bilirakis Conyers Evans Lee Ramstad Wicker The SPEAKER pro tempore. The Bishop (GA) Cooper Everett Levin Rangel Wilson (NM) Bishop (NY) Costello Farr CONGRESSIONAL RECORD will reflect the Lewis (CA) Regula Wilson (SC) pledge in its statutory form. Bishop (UT) Cox Fattah Lewis (GA) Rehberg Wolf Blackburn Cramer Feeney Lewis (KY) Renzi Woolsey Mr. SESSIONS. I thank the Chair. Blumenauer Crane Ferguson Linder Reyes Wu Finally, are there any rules gov- Blunt Crowley Filner LoBiondo Reynolds Wynn erning the manner of delivery of the Boehlert Cubin Flake Lofgren Rodriguez Young (FL) Boehner Culberson Foley Pledge of Allegiance to the Flag? Bonilla Cummings Forbes NOT VOTING—38 The SPEAKER pro tempore. Section Bono Cunningham Ford Boozman Davis (AL) Fossella Berman Cardin Greenwood 4 of title 4, United States Code, pro- Boswell Davis (CA) Franks (AZ) Bonner Collins Hart vides in pertinent part that the pledge Boucher Davis (FL) Frelinghuysen Brady (PA) Crenshaw Hastings (FL) ‘‘should be rendered by standing at at- Boyd Davis (IL) Frost Brown (OH) Delahunt Hoeffel tention facing the flag with the right Bradley (NH) Davis (TN) Gallegly Burr Dooley (CA) Jones (OH) Brady (TX) Davis, Jo Ann Garrett (NJ) Buyer Frank (MA) Kucinich hand over the heart.’’ Brown (SC) Davis, Tom Gerlach Cannon Gephardt Lipinski Mr. SESSIONS. I thank the Chair.

VerDate jul 14 2003 01:52 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A27AP7.026 H27PT1 H2394 CONGRESSIONAL RECORD — HOUSE April 27, 2004 SUPPORTING THE GOALS AND Lofgren Pascrell Shimkus PERSONAL EXPLANATION IDEALS OF FINANCIAL LITERACY Lowey Pastor Simmons Lucas (KY) Paul Simpson Mrs. JONES of Ohio. Mr. Speaker, I will MONTH Lynch Payne Skelton miss votes on Tuesday, April 27, 2004, due to Majette Pearce The SPEAKER pro tempore. The Slaughter an activity. Had I been present, the RECORD Maloney Pelosi Smith (MI) pending business is the question of sus- Manzullo Pence Smith (TX) would reflect that I would have voted: pending the rules and agreeing to the Markey Peterson (MN) Smith (WA) Roll 131, H.R. 3942—To redesignate the fa- resolution, H. Res. 578. Marshall Peterson (PA) Snyder cility of the United States Postal Service lo- Matheson Petri Solis Matsui Pickering cated at 7 Commercial Boulevard in Middle- The Clerk read the title of the resolu- Spratt McCarthy (MO) Pitts tion. Stearns town, Rhode Island, as the ‘‘Rhode Island Vet- McCarthy (NY) Pombo Stenholm erans Post Office Building.’’—‘‘yea.’’ The SPEAKER pro tempore. The McCollum Pomeroy Stupak question is on the motion offered by McCotter Porter Roll 132, H. Res. 399—Honoring the life Sullivan the gentleman from Utah (Mr. CANNON) McCrery Portman and legacy of Melvin Jones and recognizing McDermott Price (NC) Sweeney the contributions of Lions Clubs Inter- that the House suspend the rules and Tancredo McGovern Pryce (OH) national.—‘‘yea.’’ agree to the resolution, H. Res. 578, on McHugh Putnam Tanner which the yeas and nays are ordered. McInnis Quinn Tauscher Roll 133, H. Res. 578—Supporting the goals Taylor (MS) The vote was taken by electronic de- McIntyre Radanovich and ideals of Financial Literacy Month.— McKeon Rahall Taylor (NC) ‘‘yea.’’ vice, and there were—yeas 391, nays 0, McNulty Ramstad Terry not voting 42, as follows: Meehan Rangel Thomas f Meek (FL) Regula Thompson (CA) [Roll No. 133] Meeks (NY) Rehberg Thompson (MS) PERSONAL EXPLANATION YEAS—391 Menendez Renzi Thornberry Mr. CRENSHAW. Mr. Speaker, I was un- Mica Reyes Tiahrt Abercrombie Crowley Harman Michaud Reynolds Tiberi avoidably detained today due to a family Ackerman Cubin Harris Millender- Rodriguez Tierney health emergency. I respectfully request the Aderholt Culberson Hastings (WA) McDonald Rogers (AL) Towns Akin Cummings Hayes RECORD to reflect that, had I been present, I Miller (FL) Rogers (KY) Turner (OH) Alexander Cunningham Hayworth would have voted ‘‘yea’’ on rollcall vote 131 on Miller (MI) Rogers (MI) Turner (TX) Allen Davis (AL) Hefley Miller (NC) Ros-Lehtinen Udall (CO) agreeing to H.R. 3942; ‘‘yea’’ on rollcall vote Andrews Davis (CA) Hensarling Miller, Gary Ross Baca Davis (FL) Herger Udall (NM) 132 on agreeing to House Resolution 399; Moore Roybal-Allard Upton Bachus Davis (IL) Hill Moran (KS) Royce and ‘‘yea’’ on rollcall vote 133 on agreeing to Baird Davis (TN) Hinchey Van Hollen House Resolution 578. Moran (VA) Rush Vela´ zquez Baker Davis, Jo Ann Hinojosa Murphy Ryan (OH) Visclosky f Baldwin Davis, Tom Hobson Murtha Ryan (WI) Vitter Ballance Deal (GA) Hoekstra Myrick Ryun (KS) Walden (OR) PERSONAL EXPLANATION Ballenger DeFazio Holden Napolitano Sabo Walsh Barrett (SC) DeGette Holt Neal (MA) Sa´ nchez, Linda Mr. COLLINS. Mr. Speaker, I was not Wamp Bartlett (MD) DeLauro Honda Nethercutt T. present for rollcall vote 131, Rhode Island Vet- Barton (TX) DeLay Hooley (OR) Neugebauer Sanchez, Loretta Watson Bass DeMint Hostettler Ney Sanders Watt erans Post Office Redesignation; rollcall vote Beauprez Deutsch Houghton Northup Sandlin Waxman 132, Honoring the life and legacy of Melvin Bell Diaz-Balart, L. Hoyer Norwood Saxton Weiner Jones and recognizing the Lions Club Inter- Bereuter Diaz-Balart, M. Hulshof Weldon (FL) Nunes Schakowsky national; and rollcall vote 133, Supporting the Berkley Dicks Hunter Nussle Schiff Weldon (PA) Berry Dingell Hyde Oberstar Schrock Weller goals and ideals of Financial Literacy Month. Biggert Doggett Inslee Obey Scott (GA) Whitfield Had I been present, I would have voted Bilirakis Doolittle Isakson Olver Scott (VA) Wicker ‘‘yea’’ for rollcall votes 131, 132 and 133. Bishop (GA) Doyle Israel Ortiz Sensenbrenner Wilson (NM) Bishop (NY) Dreier Issa Osborne Serrano Wilson (SC) f Bishop (UT) Duncan Istook Ose Shadegg Wolf Blackburn Dunn Jackson (IL) Otter Shaw Woolsey REMOVAL OF NAME OF MEMBER Blumenauer Edwards Jackson-Lee Owens Shays Wu AS COSPONSOR OF H.R. 195 Blunt Ehlers (TX) Oxley Sherman Wynn Boehlert Emanuel Jefferson Pallone Sherwood Young (FL) Ms. BERKLEY. Mr. Speaker, I ask Boehner Emerson Jenkins unanimous consent to have my name Bonilla Engel John NOT VOTING—42 Bono English Johnson (CT) removed as a cosponsor of H.R. 195. Boozman Eshoo Johnson (IL) Becerra Gephardt Rothman The SPEAKER pro tempore. Is there Boswell Etheridge Johnson, E. B. Berman Greenwood Ruppersberger objection to the request of the gentle- Boucher Evans Johnson, Sam Bonner Hart Sessions woman from Nevada? Boyd Everett Jones (NC) Brady (PA) Hastings (FL) Shuster Bradley (NH) Farr Kanjorski Brown (OH) Hoeffel Smith (NJ) There was no objection. Brown-Waite, Jones (OH) Brady (TX) Fattah Kaptur Souder f Brown (SC) Feeney Keller Ginny Kucinich Stark Brown, Corrine Ferguson Kelly Burr Lipinski Strickland PERSONAL EXPLANATION Buyer Lucas (OK) Burgess Filner Kennedy (MN) Tauzin Cardin Miller, George Burns Flake Kennedy (RI) Toomey Ms. JACKSON-LEE of Texas. Mr. Burton (IN) Foley Kildee Collins Mollohan Waters Speaker, on April 22, 2004, I was in my Calvert Forbes Kilpatrick Crenshaw Musgrave Wexler Camp Ford Kind Delahunt Nadler district on business and missed the fol- Young (AK) Cannon Fossella King (IA) Dooley (CA) Platts lowing rollcall votes: rollcall vote No. Cantor Franks (AZ) King (NY) Frank (MA) Rohrabacher 126, if I had been present, I would have Capito Frelinghuysen Kingston voted ‘‘no’’; rollcall vote No. 127, if I Capps Frost Kirk ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Capuano Gallegly Kleczka had been present, I would have voted Cardoza Garrett (NJ) Kline The SPEAKER pro tempore (Mr. ‘‘no’’; rollcall vote No. 128, if I had been Carson (IN) Gerlach Knollenberg BURGESS) (during the vote). Members present, I would have voted ‘‘aye’’; roll- Carson (OK) Gibbons Kolbe Carter Gilchrest LaHood are advised there are 2 minutes remain- call vote No. 129, if I had been present, Case Gillmor Lampson ing in this vote. I would have voted ‘‘aye’’; and rollcall Castle Gingrey Langevin vote No. 130, if I had been present, I Chabot Gonzalez Lantos would have voted ‘‘aye’’. Chandler Goode Larsen (WA) b 1921 Chocola Goodlatte Larson (CT) Mr. Speaker, on March 9, 2004, I was Clay Gordon Latham So (two-thirds having voted in favor a unavoidably detained in my district. Clyburn Goss LaTourette thereof) the rules were suspended and And for rollcall vote No. 42, if I had Coble Granger Leach Cole Graves Lee the resolution was agreed to. been present, I would have voted ‘‘aye’’; on rollcall vote No. 43, if I had Conyers Green (TX) Levin The result of the vote was announced Cooper Green (WI) Lewis (CA) been present, I would have voted Costello Grijalva Lewis (GA) as above recorded. ‘‘aye’’; and on rollcall vote No. 44, if I Cox Gutierrez Lewis (KY) Cramer Gutknecht Linder A motion to reconsider was laid on had been present, I would have voted Crane Hall LoBiondo the table. ‘‘aye’’.

VerDate jul 14 2003 02:41 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.035 H27PT1 April 27, 2004 CONGRESSIONAL RECORD — HOUSE H2395 JOBS SPECIAL ORDERS guns to go hunting. Our police officers (Mr. ROSS asked and was given per- The SPEAKER pro tempore. Under do not even like using them. Remem- mission to address the House for 1 the Speaker’s announced policy of Jan- ber, a police officer is supposed to stop minute and to revise and extend his re- uary 7, 2003, and under a previous order a criminal, not kill them unless their marks.) of the House, the following Members life is under risk. If assault weapons are coming back Mr. ROSS. Mr. Speaker, over the past will be recognized for 5 minutes each. on the street again, obviously our po- 31⁄2 years our country has seen a loss of f lice officers are going to be in trouble 2.8 million manufacturing jobs. Manu- RENEW THE ASSAULT WEAPONS once again. Please remember, when facturing jobs today are at a 53-year BAN you have assault weapons and if we go low. In fact, Arkansas, the State I rep- back to the old way with the amount of resent, has lost one out of every seven The SPEAKER pro tempore. Under a clips up to 30, 40, 50, 100, what chance manufacturing jobs since 2000. previous order of the House, the gentle- woman from New York (Mrs. MCCAR- do our police officers have? Are we Losing these jobs has had a dev- THY) is recognized for 5 minutes. going to have a war right here in the astating effect on America’s working Mrs. MCCARTHY of New York. Mr. United States, citizen against citizen, families. Manufacturing jobs have long Speaker, when I was speaking here last criminals against our police officers? Is been a solid source of strength for our week, Italian customs officials were that where we want to go? I do not Nation’s economy, guaranteeing good stopping a boat that had over 7,000 AK– think so. jobs and a high standard of living for 47s being shipped here to the United I am asking my colleagues to stand America’s working families. But now States. We still do not know yet what up and be counted on this. Since I have millions of these manufacturing jobs their intended purpose was; but with been here I have worked on gun safety that were once the backbone of our 30-round clips, it could not have been issues. I have never tried to take away economy are being exported abroad to good with AK–47s. the right of someone trying to own a other countries. In fact, we lost 1 mil- I have scheduled a meeting with the gun. Our citizens know darn well if lion jobs alone to China. U.S. Customs officials to discuss this they have nothing to fear they can get We have got to do more to keep our troubling shipment. After all, if it is the permit to go hunting. They can get jobs here at home. This should not be a legal to ship in AK–47s, when we are the permit to go buy a gun, but why political issue. It should not be a par- now looking on the assault weapons would you go open up the flood gates of tisan issue. We in Congress must work bill to expire on September 13, can you assault weapons so our drug lords, our together and pass commonsense tax in- imagine the flood of guns that are criminals and possibly even terrorists centives that encourage rather than going to be on our streets in a very that are here in this country to be able discourage U.S.-based companies to en- short while? to buy these guns? courage job creation right here at Mr. Speaker, the assault weapons ban Common sense. Think about the offi- home. The livelihood of America’s expires in 139 days. Today and tomor- cers that have died. Think about the working families depends on it. row police chiefs from all over the families they have left behind. Think country are calling for President Bush about our community. Think about the f and Congress to renew the assault school shootings we have had in the weapons ban. In Detroit, Los Angeles, past. Do we want to go back there? Can JUSTICE SCALIA SHOULD STEP Chicago, Miami, Atlanta, Seattle and we stop every killing? No, we cannot. ASIDE many other cities, police chiefs are But why would we open again the flood (Ms. JACKSON-LEE of Texas asked calling upon us to help them to make gates of having these kinds of guns and was given permission to address sure the assault weapons ban stays in back on our streets? the House for 1 minute and to revise place. I remind my colleagues, I remind the and extend her remarks.) Tomorrow, I will join Members of people across this Nation, the guns we Congress and the national law enforce- Ms. JACKSON-LEE of Texas. Mr. are talking about bringing back on ment leaders in calling on President Speaker, I believe, as all of us who these streets are the guns we see every Bush to keep his promise during the have taken an oath to serve in this single night being used in Iraq, assault 2000 year race that he would sign an as- body, of the sacredness of the three weapons, AK–47s, Uzis, large capacity sault weapons ban if it gets on his branches of government, respect the clips. desk. Hopefully, the police officers will United States Supreme Court and the I beg my colleagues to think about be able to convince the President to judiciary, as well as the legislative and this carefully. The law has worked. We get involved in this issue. executive. But I do think it is impor- should make it permanent and we If we cannot bring it up here on the tant to make note of a proceeding that should make sure that they are not al- House for a floor vote, it cannot get to is going on in the United States Su- lowed on our street. the President’s desk. I would love to preme Court that is investigating the see many of my colleagues there to- Vice President’s utilization of non-gov- f morrow at the press conference. The ernment persons to determine energy power of law enforcement was what es- policy in a governmentally appointed, RESIGNATION AS MEMBER AND sentially passed the last original bill. Presidentially appointed committee. APPOINTMENT OF MEMBER TO There is a reason why our law enforce- And I believe that Justice Scalia, in in- SELECT COMMITTEE ON HOME- ment supports the ban so strongly: 10 volving himself in this decision, is LAND SECURITY years ago cops were routinely again warranted in reconsideration not outgunned by criminals in our commu- The SPEAKER pro tempore laid be- to engage and participate in the con- nities with powered assault weapons, fore the House the following resigna- sideration of this matter. but the assault weapons ban made get- tion as member of the Select Com- This is a very important matter. It is ting these guns far more difficult. As a mittee on Homeland Security: the same importance that was given to result, our police officers are safer HOUSE OF REPRESENTATIVES, the decision regarding health care dur- today than they were 10 years ago. So Washington, DC, April 23, 2004. ing the Clinton administration. are our neighborhoods; so are our com- Hon. J. DENNIS HASTERT, In order for the three branches to munities. Why would we want to turn Speaker, House of Representatives, continue to have the integrity and the back this progress? Washington, DC. respect constitutionally of the people DEAR MR. SPEAKER: Please accept this let- of the United States that we must have b 1930 ter as my resignation as a member of the Se- transparency, I would ask for Justice Can anyone tell me why we need AK– lect Committee on Homeland Security, effec- tive immediately. I realize that I served on Scalia to step aside for a decision to be 47s, Uzis back on the street? I under- the Select Committee due to my role as made for Vice President CHENEY to stand the power of the NRA, but any- Chairman of the Energy and Commerce Com- come forth with the names of the par- body with common sense knows that mittee. I no longer hold the position of ticipants. we do not use these particular kinds of Chairman, thus I resign from the other.

VerDate jul 14 2003 01:52 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.037 H27PT1 H2396 CONGRESSIONAL RECORD — HOUSE April 27, 2004 Thank you for your assistance in this mat- behind our troops and our President. the war in Iraq becoming just another ter. President Dwight D. Eisenhower, from Vietnam. Sincerely, my State of Kansas, is just one exam- f W.J. ‘‘BILLY’’ TAUZIN, ple. Following the failure of the Bay of Member of Congress. The SPEAKER pro tempore. Under a Pigs invasion, Eisenhower emerged previous order of the House, the gen- The SPEAKER pro tempore (Mr. from his farm and from retirement to tleman from California (Mr. GEORGE BURGESS). The resignation is accepted. meet with President Kennedy and to There was no objection. MILLER) is recognized for 5 minutes. defend the President’s actions. (Mr. GEORGE MILLER of California The SPEAKER pro tempore. Pursu- Eisenhower understood. He knew addressed the House. His remarks will ant to section 4 of House Resolution 5, what it was like to be President, but he appear hereafter in the Extensions of 108th Congress, and the order of the also knew what it was like to be on the Remarks.) House of December 8, 2003, the Chair front lines as a soldier. He knew that announces the Speaker’s appointment criticizing the President during dif- f of the gentleman from Texas (Mr. BAR- ficult times would provide encourage- EXCHANGE OF SPECIAL ORDER TON) of the House to the Select Com- ment to our foes and weaken our Na- TIME mittee on Homeland Security to fill tion’s resolve. Eisenhower knew that Mr. MCDERMOTT: Mr. Speaker, I ask the existing vacancy thereon, and to using war for partisan gain would only unanimous consent to claim the time rank immediately after the gentleman serve to undermine the mission of the of the gentleman from California (Mr. from New York (Mr. BOEHLERT). troops and dishonor the sacrifices of GEORGE MILLER). There was no objection. their families. The SPEAKER pro tempore. Is there f But today candidates and elected of- objection to the request of the gen- UNITED FOR AMERICAN SOLDIERS ficials alike rush to the evening cable news shows to berate President Bush, tleman from Washington? The SPEAKER pro tempore. Under a to the detriment I believe of the troops There was no objection. previous order of the House, the gen- he commands, diminishing the validity f tleman from Kansas (Mr. MORAN) is of their efforts. I am troubled as I MISSING WITHOUT ACTION recognized for 5 minutes. imagine a soldier or a soldier’s family Mr. MORAN of Kansas. Mr. Speaker, listening to insensitive remarks, won- The SPEAKER pro tempore. Under a I address the House today to call for a dering if the soldier will be forsaken by previous order of the House, the gen- higher level of political dialogue and to a country whose call to duty he or she tleman from Washington (Mr. request that we set aside the recent on- answered. Our soldiers and their fami- MCDERMOTT) is recognized for 5 min- slaught of partisanship concerning the lies deserve better. Partisanship for the utes. war in Iraq. sake of scoring political points has no Mr. MCDERMOTT. Mr. Speaker, I Being in Kansas over the last several place on the front lines of the war. agree with the previous speaker. The weeks has reminded me of the need to Last week, a friend told me, ‘‘This is growing division in America over war come together, to unify behind our just another Vietnam.’’ Well, I thought in Iraq pales by comparison with the forces fighting overseas. While not ev- a lot about that and concluded it is gut wrenching images that divided eryone will agree on the reasons they only another Vietnam if we create that America during the Vietnam War. got there or whether these reasons jus- environment. I came of age during the Thousands of men were called to serve tify war, the reality is that American Vietnam era. I remember the protests, their countries in Vietnam. Senator soldiers are engaged in battle. Our the body counts, the escalation and the JOHN KERRY did just that. Other Amer- troops are fighting for the rights that retreat. This is not today’s Vietnam, icans chose to be conscientious objec- we have in this Chamber that we must not unless we choose to make it tors and serve their country in non- uphold: The cause of liberty, of justice, through inconsistent policies, con- combatant roles. and freedom from oppression. tradictory strategies and weakened re- Still other Americans had one or an- This Congress adopted a resolution solve. We can win both the war and the other kind of deferment or joined the authorizing the use of force on October peace in Iraq, and emerge having given National Guard. A week ago, the ad- 16, 2002 with a vote of 296 to 133. the people of Iraq and the region new ministration chose to enlist Repub- In recent weeks we have seen the re- reason for hope. licans in a new kind of draft for a new ports of some of the deadliest fighting An e-mail from a Fort Riley soldier kind of war. of the war. We have received reports arrived in my office this month and In this Chamber, Republicans daily that another soldier has been ended with this quote: ‘‘You have never launched a sneak attack against the killed and that another young person lived . . . until you have almost died heroism and patriotism of Senator has died. Timing is important and pri- . . . for those that have fought to pro- JOHN KERRY. The American people de- orities must be established. I believe tect it . . . freedom has a special flavor serve to know the service records of there are legitimate questions to be . . . the protected will never know.’’ Senator JOHN KERRY and President asked and answered about intelligence Mr. Speaker, I call upon my col- George W. Bush. He can provide one of that we received before the war, but leagues and all Americans to think of them. In 1968, JOHN KERRY commanded now we have thousands of troops that our men and women overseas before a U.S. Navy swift boat in Vietnam. are depending upon Americans to unite they rush to criticize the conduct of This was a 50-foot aluminum boat that behind their efforts. Partisan this war. Our soldiers’ efforts must be was heavily armed but had no armor fingerpointing surrounding the 9/11 upheld and honored. I do not consider protection. Commission is not productive, either it unpatriotic to question govern- In 1968, George W. Bush joined the to the Commission or to the troops. It mental decisions, but what we need Texas Air National Guard jumping undercuts the jobs our troops have loy- today are politicians who put country ahead of 150 people on the waiting list. ally agreed to do. above partisanship and their Nation On the night of December 2, 1968, These are not Republicans or Demo- ahead of the next election. We need JOHN KERRY commanded a Navy swift crats in Iraq, these are American sol- statesmanship. boat. It came under intense fire while diers, our men and women, our sons By unifying behind our troops and on patrol. JOHN KERRY was wounded and daughters, our neighbors and their efforts, by requiring our political and awarded the Purple Heart. friends, fighting so that the people of and military leaders to develop not an George W. Bush meanwhile was ac- Iraq might have a chance for a better exit strategy but a winning strategy, cepted into pilot training after scoring tomorrow and to reduce the threat of a and by making certain that the Iraqi the lowest score possible to qualify. terrorist attack on our own country. people fully fight for the future of their In early 1969, the swift boat JOHN These are critical times. Historically own country, we can sustain our troops KERRY commanded in Vietnam was in a during times of crisis, some of our and the mission can be accomplished. fire fight with the enemy. JOHN KERRY greatest leaders have risen above the With consistent policies, clear strate- was wounded by shrapnel and awarded partisanship of the moment to unite gies, and a firm resolve, we can avoid a second Purple Heart.

VerDate jul 14 2003 01:52 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A27AP7.031 H27PT1 April 27, 2004 CONGRESSIONAL RECORD — HOUSE H2397 When George W. Bush joined the valor of American veterans, no matter aging. Much of the rest of the world Texas Air National Guard, he could what party they belong to. has moved on, reluctant to dredge up have volunteered for overseas duty as f unpleasant memories and risk the ire did JOHN KERRY, but he checked the The SPEAKER pro tempore. Under a of modern Turkey. For those of us who other box on the form, the one that previous order of the House, the gen- care deeply about the issue, we must said ‘‘do not volunteer.’’ redouble our efforts to ensure that our tleman from Nebraska (Mr. OSBORNE) is In March 1969, JOHN KERRY’s swift recognized for 5 minutes. Nation, which has championed liberty boat was one of five on patrol in the (Mr. OSBORNE addressed the House. and human rights throughout its his- Bay Hap River. They came under at- His remarks will appear hereafter in tory, is not complicit in Ankara’s ef- tack. The boat was hit. An intense fire the Extensions of Remarks.) fort to obfuscate what happened be- fight ensued. Suddenly a mine deto- tween 1915 and 1923. Worse still, by tac- nated near his boat. JOHN KERRY was f itly siding with those who would deny hit and bleeding. Viet Cong fired auto- The SPEAKER pro tempore. Under a the Armenian genocide, we have ren- matic weapons from the shore. A man previous order of the House, the gen- dered hollow our commitment to never in KERRY’s boat fell overboard. JOHN tleman from Oregon (Mr. DEFAZIO) is again let genocide occur. KERRY would not leave that man be- recognized for 5 minutes. Among historians there is no dispute hind. Under intense fire, JOHN KERRY (Mr. DEFAZIO addressed the House. that what happened to the Armenian turned the boat around. With both His remarks will appear hereafter in people was genocide. Thousands of sides exchanging fire, JOHN KERRY the Extensions of Remarks.) pages of documents sit in our National moved to the bow of the swift boat, ex- f Archives. Newspapers of the day were posed to enemy fire. Still bleeding, replete with stories about the murder EXCHANGE OF SPECIAL ORDER JOHN KERRY did not hesitate. He of Armenians. Appeal to Turkey to reached down into the water, bullets TIME stop massacres headlined the New York whizzing by. JOHN KERRY grabbed hold Mr. SCHIFF. Mr. Speaker, I ask Times on April 28, 1915, just as the kill- of the sailor and pulled him into the unanimous consent to claim the time ing began. On October 7 of that year, boat. For his courage and valor under of the gentleman from Oregon (Mr. the Times reported that 800,000 Arme- fire, JOHN KERRY was awarded the dis- DEFAZIO). nians had been slain in cold blood in tinguished Combat ‘‘V.’’ The SPEAKER pro tempore. Is there Asia Minor. In mid-December of 1915, JOHN KERRY was wounded three objection to the request of the gen- the Times spoke of a million Arme- times in battle serving his country. tleman from California? nians killed or in exile. Yet, Republicans on this floor rose to There was no objection. Prominent citizens of the day, in- cluding America’s ambassador to the dishonor every combat veteran by at- f tacking JOHN KERRY and others. Ottoman Empire, Henry Morgenthau, In 2000, Senator Max Cleland of Geor- b 1945 and Britain’s Lord Bryce reported on gia lost both legs and one arm in Viet- IN COMMEMORATION OF THE 89TH the massacres in great detail. Morgen- nam. Republicans disgraced themselves ANNIVERSARY OF THE ARME- thau was appalled at what he would by impugning the man’s courage and NIAN GENOCIDE later call the sadistic orgies of rape, service to the Nation. America needs to torture, and murder. Lord Bryce, a know. Where was President Bush dur- The SPEAKER pro tempore (Mr. former British ambassador to the ing the Vietnam War? BURGESS). Under a previous order of United States, worked to raise aware- Missing without action, that is where the House, the gentleman from Cali- ness of and money for the victims of the President was. fornia (Mr. SCHIFF) is recognized for 5 what he called the most colossal crime In February 1972, the military minutes. in the history of the world. In October stripped George W. Bush of his flight Mr. SCHIFF. Mr. Speaker, I rise 1915, the Rockefeller Foundation con- status. He was suspended from flying today to honor the one and a half mil- tributed $30,000, a sum worth more for failure to take a required physical lion Armenians who perished in the Ar- than half a million dollars today, to a exam. Why? Why did George W. Bush menian genocide that began 89 years relief fund for Armenia. not take the physical? Would a phys- ago on April 24, 1915. I consider this a Others, too, reacted in horror to what ical have revealed a top gun or a smok- sacred obligation, to ensure that future Ambassador Morgenthau called, for ing gun? We do not know. generations of Americans remember lack of a specific term, race murder. In There is an 11-month gap in George the first genocide of the 20th century the early 1930s, 10 years after the geno- W. Bush’s record, from May 1, 1972 to and to ensure that the men, women and cide, a young Polish attorney named April 1, 1973. George W. Bush was not children who perished at the hands of Raphael Lemkin, who had read of the only grounded during this period, he the Ottoman Empire are not lost to genocide as a child, tried to get Euro- was on the ground in Alabama working history. pean statesmen to criminalize the de- in a political campaign. That is not a We have always recognized the tran- struction of ethnic and religious mission in the National Guard manual. sience of memory. It is why we set groups. He was dismissed as an alarm- We would like to know more, but the aside holidays and build monuments to ist. A few years later, when Hitler in- National Guard Bureau Chief told a honor our heroes and the events that vaded Poland, Lemkin lost 49 members Spokane, Washington newspaper he have shaped our societies. The stone of his family in the Holocaust. was under orders not to talk. and concrete of a memorial serve to Lemkin escaped, first to Sweden, Why is that? freeze history and to preserve it for where he documented the horrors going We know that Senator JOHN KERRY those who will follow. The written on in Nazi-occupied Europe and then to was wounded in battle three times. We word cannot be burned when it is the United States, where he worked for know that Senator JOHN KERRY never etched into rock. the Allied war effort. He resolved to left a man behind. We know that Sen- Time is the ally of those who would create a word to convey the mass ator JOHN KERRY fought with courage deny or change history. Such has it atrocities being committed by the Ger- and valor on behalf of his country. been with the government of Turkey mans. In 1944, while working for the We know that George W. Bush flew and the Armenian genocide. Although U.S. War Department, he coined the under the radar, because that is the the genocide was perpetrated by mod- term ‘‘genocide,’’ citing the slaughter only explanation of how a pilot sus- ern Turkey’s predecessor, generations of Armenians three decades earlier. pended from flying parachuted into a of Turkish leaders have steadfastly de- In 1948, in the shadow of the Holo- Republican political campaign in Ala- nied that the genocide ever took place, caust, the international community re- bama. despite overwhelming evidence to the sponded to Nazi Germany’s methodi- JOHN KERRY, Max Cleland. America contrary. cally orchestrated acts of genocide by has many heroes from the Vietnam Time is on their side. The generation approving the Convention on the Pre- War. It is time Republicans and the ad- of Armenians with direct memory of vention and Punishment of the Crime ministration honor the courage and the genocide is gone. Their children are of Genocide. It confirms that genocide

VerDate jul 14 2003 01:52 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.042 H27PT1 H2398 CONGRESSIONAL RECORD — HOUSE April 27, 2004 is a crime under international law and tleman from Arizona (Mr. FLAKE) is plants were built in the mid-1980s and defines genocide as actions committed recognized for 5 minutes. early 1990s when our energy markets with the intent to destroy a national, (Mr. FLAKE addressed the House. His were searching for alternative energy ethnic, racial or religious group. remarks will appear hereafter in the investments. Unfortunately, since that The United States, under President Extensions of Remarks.) time, there has been a significant de- Truman, was the first Nation to sign f cline of focus on geothermal energy. the convention. Last year marked the The SPEAKER pro tempore. Under a Specifically, the Department of the In- 15th anniversary of President Reagan’s previous order of the House, the gen- terior has steadily de-emphasized the signing of the Genocide Convention Im- tleman from Illinois (Mr. EMANUEL) is geothermal energy program in the Bu- plementation Act. recognized for 5 minutes. reau of Land Management and the U.S. Just over a year ago, I introduced (Mr. EMANUEL addressed the House. Geological Survey. H.R. 193 with my colleague, the gen- His remarks will appear hereafter in We must restore that focus. I believe tleman from California (Mr. RADANO- the Extensions of Remarks.) we have an important opportunity to VICH), with the gentleman from New reemphasize this vital energy sector f Jersey (Mr. PALLONE), with the gen- and greatly enhance our Nation’s re- tleman from Michigan (Mr. KNOLLEN- ORDER OF BUSINESS newable energy portfolio. BERG), and other Members of this Ms. MILLENDER-MCDONALD. Mr. For example, the Bush administra- House. This resolution reaffirms the Speaker, I ask that I utilize the 5 min- tion has repeatedly championed the support of the Congress for the geno- utes, that I am on the list, at this time. need to expand our renewable energy cide convention and commemorates The SPEAKER pro tempore. Is there sources and to prioritize the develop- the anniversary of our becoming a objection to the request of the gentle- ment of our country’s geothermal en- party to this landmark legislation. woman from California? ergy sources. On May 21 of last year, we achieved a There was no objection. Department of the Interior Secretary huge victory when we passed the geno- f Gail Norton and Department of Energy cide resolution by a very strong bipar- Secretary Spencer Abraham have tisan vote. GEOTHERMAL ENERGY INITIATIVE jointly stated their commitment to in- This should be an easy resolution for ACT OF 2004 creasing our energy security by ex- all of us now to support on the House The SPEAKER pro tempore. Under a panding the use of indigenous resources floor. Genocide is the most abhorrent previous order of the House, the gentle- on Federal lands, while accelerating crime known to humankind; and unfor- woman from California (Ms. protection of the environment. tunately, it still exists. Exactly 10 MILLENDER-MCDONALD) is recognized That is not a true assessment as I see years ago, before the cameras of the for 5 minutes. it, however. In fact, a 2003 report from world, Rwanda’s majority Hutus Ms. MILLENDER-MCDONALD. Mr. the Department of Energy found that exterminated over 500,000 Tutsi in just Speaker, I want to bring to the atten- California, Nevada, New Mexico, Or- over 3 months’ time, mostly with ma- tion of this Congress legislation that I egon, Utah, and Washington State have chetes and homemade axes. have recently introduced. The reason that we have not yet suc- the greatest potential for quick devel- The Geothermal Energy Initiative of ceeded in passing this resolution on the opment of geothermal resources. Both 2004, H.R. 4094, is legislation that ad- House floor is simple. The government those Secretaries, Norton and Abra- dresses a critically underdeveloped en- of Turkey refuses to acknowledge the ham, should look at this report. In ergy segment of our national renewable genocide and the strongest Nation on fact, the study listed nine top sites in energy portfolio. The problem was Earth fears their reaction if we do. California and 10 in Nevada. All over the globe—from South Africa, to Ar- cited in a January 2004 Associated Unfortunately, progress has not been gentina, to the former Yugoslavia, govern- Press article which stated that the made by either one of these depart- ments have set up truth commissions and Federal Government has a backlog of ments. That is why I have introduced other bodies to investigate atrocities. Nowhere 230 lease applications for the prospect the Geothermal Energy Initiative of has this process been more extensive than in of the utilization of geothermal energy. 2004, so that Congress, this administra- Germany, which has engaged in decades of This Associated Press article also tion and States can all work in con- soul-searching and good works that have not stated that the average age of an appli- cert. only restored the nation’s standing, but also its cation for the prospect of geothermal The Geothermal Energy Initiative moral authority. sites is 9 years. Act of 2004 is straightforward legisla- I call upon the government of Turkey and February 2004 supply projections tion that will do the following: author- our own government to do the same. When from the American Gas Association ize the update of the 26-year-old na- the burden of the past is lifted, then the future show that natural gas supplies will re- tional assessment of geothermal re- is brighter. As long as Ankara engages in pre- main tight into the foreseeable future source. Significant advances in energy varication, equivocation and evasion, Turkey and will result in continued high development technology and advances will exist under a cloud—not because of its prices. The high cost of natural gas af- in geological sciences need to be har- past, but because of its refusal to address that fects electricity and home heating nessed to better understand and man- past. And as long as we fail to do our duty in costs. age our geothermal resources. this country, in this Congress, we do not live In March of 2004, the National Oce- We must provide financial incentives up to our great name and our great heritage. anic and Atmospheric Administration’s to encourage the development of geo- I also call upon the distinguished Speaker of climate monitoring laboratory re- thermal resources by expanding the the House to allow us to vote on the Genocide ported that carbon dioxide levels in our production tax credit to include geo- Resolution. One hundred ten of my colleagues environment are rising at alarming thermal resources. have cosponsored this resolution and I expect rates. Carbon dioxide contributes to Direct the Federal land management that it would pass overwhelmingly if given the global warming that disrupts climate agencies to responsibly consider geo- chance, but we must do it soon, for with each and causes seas to rise. thermal resources in their land use year the events of 1915–1923 recede a bit The last national resource assess- planning process. The initiative also more into the dark of history. ment of geothermal sites in the United provides direction to assist in stream- Time, Mr. Speaker, is not on our side. States was completed in 1978. There lining the permit approval process. Mr. Speaker, I ask unanimous con- have been substantial improvements in Provide provisions to defray costs as- sent for 1 additional minute. technology and advances in geological sociated with preparation of documents The SPEAKER pro tempore. The sciences in the intervening 26 years. and analysis for compliance with Fed- Chair cannot recognize that unanimous Clearly, there is a lack of resources eral environmental protection regula- consent request. The gentleman’s time and priority in the Department of the tions. has expired. Interior concerning geothermal energy Speaking from a California perspec- f efforts. tive for a moment, the immediate ben- The SPEAKER pro tempore. Under a Now, in the current situation, most efits of this initiative is the enormous previous order of the House, the gen- of our Nation’s geothermal power positive impact that it will have on air

VerDate jul 14 2003 01:52 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.046 H27PT1 April 27, 2004 CONGRESSIONAL RECORD — HOUSE H2399 quality and quality of life. For exam- would not say many, because there are global terrorism and to help establish ple, it has been estimated that when not that many genocide survivors that democracies in Afghanistan and Iraq, geothermal resources associated with are still around, but I did have a the memory of the genocide under- California are developed, they will re- chance to talk briefly with maybe 10 or scores our responsibility to help con- place half the fossil fuel-generated so. vey our cherished tradition of respect electricity for California. It was incredible to hear them tell for fundamental human rights and op- This benefit alone would help thou- the stories of the families and atroc- position to mass slaughters. The vic- sands of asthma sufferers in the Los ities that had occurred 89 years ago tims of the Armenian genocide deserve Angeles basin. Also, the addition of now. More and more countries and our remembrance and their rightful geothermal energy will help relieve the States and even the media are now in place in history. It is in the best inter- high cost of electricity and provide the process of recognizing the genocide, ests of our Nation and the entire global families with more disposable income. and I just wanted to mention specifi- community to remember the past and Jobs continue to be a top priority for cally that the Canadian House of Com- learn from these crimes against hu- States and localities. As our country mons last week joined France, Italy, manity to ensure they are never re- works toward rebuilding our job base, the Vatican and a number of other Eu- peated.’’ due to the loss of textile and manufac- ropean countries and the European That is really the essence of what we turing jobs that have moved overseas, Parliament in acknowledging this are trying to achieve here today in my legislation offers communities a crime against humanity as genocide. asking that the President and this Con- new economic base and the opportunity b 2000 gress basically reaffirm the Armenian for economic growth. Also last week, The New York Times genocide, because we simply do not Most geothermal generating facili- reversed decades of ambiguity by de- want it repeated again. We know how ties are located in rural areas where claring in favor of using the term many times in the 20th century that jobs tend to be scarce. A recent eco- ‘‘genocide’’ to describe the Armenian genocide occurred. nomic development study documents cataclysm of 1915. The Boston Globe House Resolution H.R. 193, and also the tremendous job opportunities asso- adopted a similar policy change last its Senate counterpart, Senate Resolu- ciated with geothermal generation fa- year. tion 164, which I would like to add has cilities. Building a 50 megawatt geo- Mr. Speaker, the unfortunate thing 37 cosponsors right now, basically state thermal power plant would create hun- is, although so many other countries that the purpose of the resolutions are dreds of immediate construction and and so many of our own States have to strengthen America’s commitment related development jobs as well as ap- recognized the Armenian genocide, we to the value of the genocide convention proximately 30 to 50 permanent full- in the Congress continue not to recog- that was implemented 15 years ago. time jobs at the facility. nize it. I think it is important that we This convention recognizes essen- Considering the economic multiplier do so. tially a number of the genocides that effect, this would mean at least 150 to The gentleman from California (Mr. occurred in the 20th century. And as 200 new jobs in the community. SCHIFF) was here earlier, and he men- some of my colleagues mentioned ear- Given the long operating life of exist- tioned the House Genocide Resolution, lier, not only the Armenian genocide, ing geothermal plans, they are a stable H. Res. 193, which has now 111 cospon- but that in Rwanda, Burundi, and, of and reliable part of the community’s sors. The resolution was adopted course most important, the Nazi Holo- economic base. These facilities have a unanimously by the House Committee caust genocide against the Jews. proven record of providing millions of on the Judiciary on May 21, 2003, but it The fact of the matter is, Mr. Speak- dollars in property taxes and royalties has not been brought to the floor for er, that when we talk about the Arme- to county and State treasuries. These consideration. I would urge the Speak- nian genocide, we are simply acknowl- funds help schools and community in- er and the leaders on the Republican edging the fact. And we feel very frastructure. side of the aisle to bring this resolution strongly that if at the time the geno- Lastly, Mr. Speaker, geothermal en- to the floor. It is important that they cide occurred the world and the nations ergy development sustains renewable do so. of the world had taken more notice and energy efforts including compliance Now, this year, as we do every year, had tried to prevent it, I think it would with renewable portfolio standards. It the members of the Congressional Cau- have served as a lesson so that the Nazi is consistent with the wind energy cus on Armenian Issues put together a Holocaust against the Jews and so sources. Geothermal power plants recy- letter to the President of the United many other atrocities that took place cle their spent hot water back into the States asking him to acknowledge the in the 20th century would not have oc- aquifer they are developed on. So this Armenian genocide. This year there curred. If we are going to see a situa- is truly renewable. were 169 signatures, more than we have tion in the future, in this 21st century, I ask my colleagues to strongly sup- ever had before in that letter that we where we do not repeat the mistakes of port this legislation. sent to the President; and I just wanted the past, we must acknowledge the Ar- to read, if I could, some sections of menian genocide. f that letter, because I think it is impor- The SPEAKER pro tempore. Under a f tant. The SPEAKER pro tempore (Mr. previous order of the House, the gen- We say, ‘‘Dear Mr. President: We are tleman from Indiana (Mr. BURTON) is BURGESS). Under a previous order of writing to urge you to join us in re- the House, the gentleman from Cali- recognized for 5 minutes. affirming the U.S. record on the Arme- fornia (Mr. WAXMAN) is recognized for 5 (Mr. BURTON of Indiana addressed nian genocide in your April 24 com- the House. His remarks will appear minutes. memorative statement. (Mr. WAXMAN addressed the House. hereafter in the Extensions of Re- ‘‘By properly recognizing the atroc- His remarks will appear hereafter in marks.) ities committed against the Armenian the Extensions of Remarks.) f people as genocide in your statement, you will honor the many Americans f ARMENIAN GENOCIDE who helped launch our first inter- The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a national human rights campaign to end previous order of the House, the gentle- previous order of the House, the gen- the carnage and protect the survivors. woman from New York (Mrs. MALONEY) tleman from New Jersey (Mr. PALLONE) The official U.S. response mirrored the is recognized for 5 minutes. is recognized for 5 minutes. overwhelming reaction by the Amer- (Mrs. MALONEY addressed the Mr. PALLONE. Mr. Speaker, last ican public to this crime against hu- House. Her remarks will appear here- Sunday, I attended a ceremony to re- manity and, as such, constitutes a after in the Extensions of Remarks.) member the victims of the Armenian proud, irrefutable and groundbreaking f genocide in Times Square in New York chapter in U.S. diplomatic history. The SPEAKER pro tempore. Under a City, and I have to say it was a very ‘‘Now, more than ever, as your ad- previous order of the House, the gentle- moving moment. There were several, I ministration seeks to bring an end to woman from the District of Columbia

VerDate jul 14 2003 01:59 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.050 H27PT1 H2400 CONGRESSIONAL RECORD — HOUSE April 27, 2004 (Ms. NORTON) is recognized for 5 min- genocide of the early 20th century, we ored by the Touched By an Angel St. utes. do more than a grave injustice to those Bernadette Women’s Day on Sunday (Ms. NORTON addressed the House. who perished. We do a disservice to the April 25, 2000, in my district. The fol- Her remarks will appear hereafter in generations who have come after us lowing have been honored for their ex- the Extensions of Remarks.) who would be left without the collec- emplary and unselfish work and service f tive memory that binds those who un- to church and their community: derstand the depth of evil that one Joan Benson. A dedicated and pro- 89TH ANNIVERSARY OF THE community is capable of unleashing ductive volunteer. ARMENIAN GENOCIDE upon another. Pat Botshekan. If there is any event, The SPEAKER pro tempore. Under a Yet even as we remember and grieve, she has had a significant role in plan- previous order of the House, the gen- we thank those in the Armenian com- ning and bringing the occasion to fru- tleman from New York (Mr. WEINER) is munity for the contributions they have ition. recognized for 5 minutes. made around the globe since emerging Marian Donkor. She has distin- Mr. WEINER. Mr. Speaker, this from terror 89 years ago. One need not guished herself as an able and willing month many of us pause to remember look too far to find Armenian-Ameri- volunteer, always agreeable, pleasant, the Holocaust in Yom Hashoah com- cans who have become pillars of Amer- and eager to help whenever needed. memorations. But on April 24, 1915, the ican society. Armenian-Americans are Lucille Matthews. Always focused on first genocide of the 20th century influential businessmen, like Kirk her family, her church, and the com- began. The Ottoman Empire began Kerkorian; famous writers, like Wil- munity, where she visits the sick al- rounding up a group of more than 250 liam Saroyan; and international sports most every day. Armenian intellectuals and civic lead- stars, like Andre Agassi. And then there is Peggy Wright. Ac- ers. Then soldiers of Armenian descent In New York, internationally re- tive in her community as block club who were serving in the Turkish mili- nowned scholar and Carnegie Corpora- chairman, volunteer at St. Anne’s tary were moved to labor camps and tion president Vartan Gregorian spent Home For Unwed Mothers, she has held eventually murdered. 8 years as president of the New York many committee positions and chair- Across Anatolia, Armenian leaders Public Library. Arshile Gorky was a manships. were arrested and killed. So, too, were leader of the abstract expressionist Mr. Speaker, I want to congratulate the most powerless, children, women, school that flourished in New York them as the angels of peace for being and the elderly, all driven from their during the 1940s. And I am particularly honored with a Touched By an Angel homes into the Syrian desert. These proud that Raymond Damadian, who Award. mass deportations were in fact slaugh- invented the MRI, was not only a resi- THE ARMENIAN GENOCIDE ters. They were death marches. Sol- dent of New York but was a neighbor of Ms. WATSON. Mr. Speaker, a few re- diers themselves not only permitted mine in Forest Hills. His parents were marks on the Armenian genocide. My the attacks on the deportees but par- survivors of the genocide. Armenian-American friends and neigh- ticipated in the killing and rapes. The As we gather, we also pay tribute to bors in Los Angeles have asked me to inevitable end was thousands upon those who have become famous public speak tonight as a tribute to the vic- thousands dying of starvation or sim- servants, football coaches, astronauts tims of the Armenian genocide. ply being worked to death, but some- and others. As we gather to commemo- As you know, in April 1915, approxi- times these victims were the lucky rate the Armenian genocide, we do so mately 1.5 million Armenians were sys- ones. as a lesson to one another that we tematically killed in an organized fash- When the Turks deemed deportations must not forget the lessons that were impractical, the genocide took other ion by the Ottoman government. learned. We also gather to pay a mes- Ample documentation of these facts vicious forms. In communities near the sage to those who would deny that the Black Sea, Armenians were forced onto exist; yet today, almost 9 decades Holocaust ever happened. But perhaps later, the government of the modern boats, driven out into the middle of the most importantly, we gather to send a ocean, and drowned. state of Turkey still fails to acknowl- signal across the world that those who edge the fact of the Armenian geno- In the end, 1.5 million Armenians seek to deny the Armenian genocide do were killed in the genocide as the cide. a disservice to all of us. Turkey’s failure to acknowledge the world stood by. Henry Morganthau, the We here in the United States House U.S. Ambassador to Turkey, who plead- truth is a burden on the alliance be- of Representatives should delay no fur- tween our two nations. I would say to ed with world leaders to intervene, de- ther in making our voices heard in this scribed the Ottoman effort to elimi- our President, it should be called as it debate. It is worth noting that the very is, a crime of genocide. So I call upon nate the Armenian population this same people who would deny this Holo- way: ‘‘The whole history of the human the President of the United States to caust actively push that we do not con- uphold the commitment he made back race contains no such horrible an epi- sider the resolution that the gentleman sode as this.’’ An American diplomat when he was running for President and from California (Mr. SCHIFF) has pro- put the United States of America on stationed in eastern Anatolia cabled posed. back to Washington that ‘‘it has been record acknowledging the Armenian We gather here today to pay tribute, genocide. no secret that the plan was to destroy but we also gather to put pressure on the Armenian race as a race, but the this United States Congress to finally f methods used could not have been more designate what we all know to be the The SPEAKER pro tempore. Under a cold-blooded and barbarous, if not more case as genocide. The first genocide of previous order of the House, the gentle- effective, than I had first supposed.’’ the 20th century was not the last, trag- woman from Texas (Ms. JACKSON-LEE) Like communities that survived the ically; but it is time that we correct is recognized for 5 minutes. Nazis efforts at extermination, the Ar- the history in the minds of many and (Ms. JACKSON-LEE of Texas ad- menian community today is often finally declare the Armenian genocide dressed the House. Her remarks will faced by those who deny the Turkish the holocaust that it was. appear hereafter in the Extensions of Remarks.) effort to commit genocide ever oc- f curred. Despite records and accounts f preserved in our own National Ar- TOUCHED BY AN ANGEL chives, there have been those bent on HONOREES SMART SECURITY, PREVENTING erasing this horrible memory from the The SPEAKER pro tempore. Under a FUTURE ACTS OF TERRORISM annals of history. previous order of the House, the gentle- The SPEAKER pro tempore. Under a We will not let that happen. That is woman from California (Ms. WATSON) is previous order of the House, the gentle- why today’s commemoration here in recognized for 5 minutes. woman from California (Ms. WOOLSEY) the United States Congress and those Ms. WATSON. Mr. Speaker, I want to is recognized for 5 minutes. going on this week is so crucial. If the read into the CONGRESSIONAL RECORD Ms. WOOLSEY. Mr. Speaker, almost world fails to remember the Armenian the names of five women who were hon- 3 years ago, on September 11, the

VerDate jul 14 2003 01:59 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.056 H27PT1 April 27, 2004 CONGRESSIONAL RECORD — HOUSE H2401 United States faced the most deadly the international community. That is the wealth production in their States terrorist attack in our history. Thou- why SMART security calls for working is not sufficient to meet all the public sands of people died on that painful closely with the U.N. and NATO to needs that our citizenry is requesting? day, a day which we will never forget achieve its goals. Only by actively in- I want to begin with an image. I am as long as we live. volving other nations in this fight can fortunate to represent a Great Lakes After September 11, our Nation faced we hope to prevent future acts of ter- community that spans the entire a great challenge, the likes of which rorism. southern rim of Lake Erie from Toledo, have not confronted us since the dawn The Bush doctrine has been tried and Ohio through Lorain County on the of World War II. Americans had a it has failed. It is time for a new na- eastern end. I like to call it the emer- choice, either rise up and directly chal- tional security strategy. SMART secu- ald and sapphire district of Ohio, the lenge terrorism at its very heart, or rity defends America by relying on the crown jewels of Ohio. In this region of pass the buck and leave the problem to very best of America, our commitment Ohio because of our work on the envi- someone else. In the months that fol- to peace and freedom, our compassion ronment, we have seen the restoration lowed September 11, American leaders for the people of the world and our ca- of our American eagle population. It is chose the right path. Democrats and pacity for multilateral leadership. a majestic bird. When I first was elect- Republicans worked together to pro- SMART security is tough, it is prag- ed to this Congress we had about two vide supplemental funds for New York matic, and it is patriotic. SMART secu- nesting pairs of eagles and now we are City, for Washington, DC, and for the rity is smart, and it will keep America over 100. I had the opportunity this unfortunate Americans who tragically safe. weekend to observe some of these mag- nificent animals and to watch them fly lost loved ones that day. f We also confronted a regime in Af- over the lake and to think about Amer- ghanistan that harbored many of those ANNOUNCING APPOINTMENT OF ica’s heritage as an independent Na- who helped plan the attacks. But we CADET CARTER LANE BERRY TO tion. I stood there on the shore and I have been thrown off our path in the CHIEF PETTY OFFICER OF thought a long while. last 2 years. We did not stay the course NAVAL SEA CADET CORPS I come here to the floor this evening in Afghanistan, where a sturdy com- (Mr. GOODE asked and was given because I have a deep concern that mitment to peacekeeping would have permission to address the House for 1 America indeed is losing her birthright done a great amount of good. Instead, minute.) as an independent nation, as a self-sus- the Bush administration shifted focus, Mr. GOODE. Mr. Speaker, it is my taining nation here at home and that taking pains to link al Qaeda with Sad- pleasure to announce the appointment we are becoming too wed, as our dam Hussein and with Iraq. This flawed of Cadet Carter Lane Berry to Chief Founding Fathers warned us, to entan- shift in strategy culminated 1 year ago Petty Officer of the United States gling alliances and relationships when the President of the United Naval Sea Cadet Corps. This appoint- abroad that affect our ability to see States, without just cause and without ment follows much work and dedica- clearly here at home. being provoked, made the decision to tion to this youth program, including I am not an isolationist by any invade Iraq. the completion of regulation Navy means. I have worked more with for- eign nations, almost more than I think b 2015 courses from basic military regulations through Chief Petty Officer and the ac- any Member of this body. But I am Over 700 Americans have given their crual of many months of training ac- concerned about the innards of this lives for this war, roughly 10 each tivity throughout this country and the economy and it is as though those week, not to mention the thousands world throughout his 3 years of service. beautiful eagles that I watched this wounded, the billions of dollars spent, The level of CPO with the United weekend had two lead weights on each and the good will squandered inter- States Navy Sea Cadet Corps is equiva- claw, holding them down, not permit- nationally. There has to be a better lent to reaching the level of Eagle ting them to fly and to reach their way, and there is, one that emphasizes Scout with the Boy Scouts of America. God-given potential. brains instead of brawn, one that is I want to talk a little bit about that CPO Berry resides in Palmyra, Vir- consistent with American values. I tonight. I want to talk about the trade ginia, and I commend and salute him have introduced legislation to create a deficit that is a huge drag on economic on this significant achievement. SMART security platform for the 21st growth in our Nation and also our century. SMART stands for sensible, f budget deficit and talk a little bit multilateral American response to ter- The SPEAKER pro tempore. Under a about what this Congress, Republicans rorism. It treats the war as an absolute previous order of the House, the gen- and Democrats working together, and last resort, it fights terrorism with tleman from California (Mr. BECERRA) the next President of the United States stronger intelligence and multilateral is recognized for 5 minutes. are going to have to do in order that partnerships, it controls the spread of (Mr. BECERRA addressed the House. that eagle can fly again and that weapons of mass destruction with a re- His remarks will appear hereafter in America can restore the independence newed commitment to nonprolifera- the Extensions of Remarks.) that she is losing every day. tion, and it aggressively invests in the f I have a chart here that shows the development of impoverished nations crisis we are in that started, oh, back with an emphasis on women’s health THE HARMFUL EFFECTS OF in the mid-1970s, actually. It was not so and women’s education. AMERICA’S GROWING TRADE bad back then because we still had We must prevent future acts of ter- AND BUDGET DEFICITS large numbers of jobs in our country rorism. SMART security is more vigi- The SPEAKER pro tempore. Under producing the kind of wealth that is lant than the President on fighting ter- the Speaker’s announced policy of Jan- necessary to lift family wealth and lift ror. Instead of emphasizing military uary 7, 2003, the gentlewoman from the national wealth. But with every force, SMART security focuses on mul- Ohio (Ms. KAPTUR) is recognized for 60 succeeding year and every trade agree- tilateral partnerships. SMART security minutes as the designee of the minor- ment that America signed, our trade is stronger in its intelligence capabili- ity leader. deficit, the amount of imports coming ties and it makes it easier to track and Ms. KAPTUR. Mr. Speaker, this in here versus what we export abroad, detain terrorists. Unlike the defective evening I want to talk about the econ- grew worse, until we are now at a level and oppressive U.S. PATRIOT Act, omy and America’s way forward. How of half a trillion dollars more imports SMART security focuses on tracking do we grow this economy in order that coming in here every year than our ex- and arresting those involved in ter- we create the wealth so that our fami- ports going out. With every billion dol- rorism and in terrorist acts while re- lies and our communities can become lars of trade deficit, we lose 20,000 more specting human and civil rights. self-sustaining again, so our cities and jobs. This hemorrhage has continued Terrorism is an international prob- our counties are not in debt and our and has exponentially grown to a point lem and so it makes sense that the States do not have to pass rising taxes where we almost wonder how do we get fight against terrorism should involve on the citizenry of this Nation because off this downward spiral.

VerDate jul 14 2003 01:59 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.060 H27PT1 H2402 CONGRESSIONAL RECORD — HOUSE April 27, 2004 During this administration, we lit- lack of appointment of a manufac- They have almost diminished to noth- erally have had historic job losses to- turing job czar for the majority of this ing as we have become more dependent taling nearly 3 million more just in the first term. Then when they finally on foreign borrowing. manufacturing sector, and we see no came up with somebody that they were Our American eagle cannot fly with- clear plan on the part of this adminis- going to put over there, an Assistant out a balanced budget and without bal- tration and the leaders of this Congress Commerce Secretary For Manufac- anced trade accounts. Those two lead today to help reverse these trends so turing, they picked someone whose weights are holding her down. that America begins to export more name had to be withdrawn because, in If you take a look what is happening, than she imports. In fact, every year fact, he had announced through his and this is an interesting chart, this the situation has gotten worse. We firm not building a major plant in just goes to show how quickly we look at where our trade deficits are America but building one in Beijing, moved from an annual surplus position, growing. They are growing with China, China. where our accounts were balanced, they are growing with Japan, they are Why does someone not think about back in the late nineties. We came out growing with Mexico, they are growing what should be done to move dollars of a huge deficit, and then we moved with India. In fact, with almost every toward investment here inside the now into a huge deficit again. This is country in the world, and that eco- United States of America? We take a not what we should be giving to our nomic lifeblood that is being trans- look at the moves by the administra- children and grandchildren. We should ferred from us elsewhere has not been tion to reclassify jobs in fast food res- be wiser than this. replaced here at home. taurants as manufacturing jobs. Since The last chart I would like to show The crisis in manufacturing is par- we cannot reverse these trends with relates to prospects for the future as ticularly bad, because manufacturing the current economic program on the the per-barrel price of oil rises glob- has long been the key to our economy, table, what they are doing is saying, ally. One of the other drags that made whether it was steel and metals or well, if you have a service job and you it difficult for the eagle to fly is the in- crease in oil prices globally, because composite materials or automotive or work in a restaurant, we will classify America is dependent. We are not inde- rail cars. In the airline industry, we that as a manufacturing job. It is not pendent in the use of energy inside this still have some marginal lead but really going to change these numbers. country. Two-thirds of what we use is international competition there, closed America is not going to export more imported, primarily oil, and those sup- markets and managed market strate- because of that decision. And so we plies are becoming more expensive, as gies are fast pushing our producers to have a real serious situation here every American knows when you go to the sidelines. Important industries like where so much of our lifeblood, our na- the gas pump. electricity, electrical parts, even light tional wealth is being drawn off and bulbs and lighting fixtures. We look at If you look at the current price of put in other places. $31.39, and it is hovering a little bit polymers, the automotive industry. So The other big lead weight on the much of the productive abilities of this over that now, unemployment always independent eagle that I talked about, follows a rise in fuel prices. If we look country have been off-shored. And we the eagle that should be independent, see no plan in the President’s economic historically, going back, you can go is the growing budget deficit. The econ- back to the early nineties when the report to try to begin to reverse these omy really cannot take off when you per-barrel price was about $37 a barrel trends. have this kind of overhang of trade def- and you saw U.S. unemployment rise Indeed, the jobs and so-called growth icit but also the other deficit of the package that was passed here a couple about half a year later. budget deficit. During the decade of the The same thing happened every sin- of years ago had one major flaw, it did 1990s, we had finally moved America to gle time. Here is back in the late not require investment in this country. a surplus budget position in every fis- eighties. Oil prices then went up to And so with the huge tax benefits cal year. It took a long time to get $21.76 and unemployment ticked up to going to certain investors on Wall there but through the decade of the 7.5 percent. My point is, we now face Street, they have no obligation to in- 1990s, this Congress and then the Clin- rising prices at the pump. We know vest those dollars here at home. In ton administration actually did it. But that means more unemployment down fact, there are many, many provisions now what has happened? We see both in the road. in the Tax Code today that work the unified budget and the on-budget So the indicators are that we need to against investment in this country. numbers as of August 2002, we had be thinking about how do we as Ameri- With no manufacturing jobs plan in moved to $111 billion in deficit; in the cans become energy independent here place, this administration and the lead- on-budget deficit nearly $300 billion; at home? Why should we let these dol- ers of this Congress are working to pro- and in 2003, the number got worse. This lars flow offshore? If we put those dol- vide more tax breaks for multinational year, 2004, they anticipate over a half lars in our own pocket and created new corporations that ship our jobs abroad. trillion dollars of deficit. You cannot energy industries here in the United That is hard to believe but it is going have an economy grow and maintain States of America, which our Tax Code on. In fact, their plan includes a large this kind of lead weight inside. You could also incentivize, we could begin loophole that allows foreign corpora- say, well, Congresswoman, we could to move to new biofuels. Rather than tions to have foreign workers do most borrow. That is a good thing. My ques- $60 billion of our wealth going abroad of the work to make a product and still tion is, but who are we borrowing from to other countries, where prices are ris- reap a benefit from what is called do- and to whom do we owe this interest? ing, we could be investing in ethanol, mestic production in the Tax Code. It Folks, we do not owe it to ourselves we could be investing in biodiesel; not includes billions of dollars in new tax anymore. Indeed, the largest exporter just a little pittance, but major na- breaks for offshore operations of multi- to us, China, is now the largest holder tional programs. national corporations. of the U.S. debt. Nearly half of the We could be investing in What are we doing? We may be mak- United States debt that is reaccumu- photovoltaics, capturing the energy of ing certain investors on Wall Street lating, we are now at a level of about $7 the sun. NASA and the Department of happy because they do not have to in- trillion, we have to borrow from oth- Energy have wonderful technologies. vest in the United States. Why do we ers. Saudi Arabia is one of our biggest All of the incentives we had in the Tax not reward those small businesses, lenders. Code back in the eighties in order to family businesses, businesses com- further the development of those were mitted to this country, businesses that b 2030 removed as America became more and help support not just jobs but baseball But there is a price, and the price is more beholden to foreign fuel. We need teams in our hometowns? They go to the interest that we pay those who lend to think hard about how to help that the Rotary, they really form the basis to us. eagle fly again. for what we created in the 20th cen- What happened to the old system of Energy independence is not a tangen- tury, the greatest industrial Nation in postal savings stamps that we had dur- tial issue, it is fundamental to this the world. Rather, what we see hap- ing the Second World War? What hap- economy recovering. I was thus dis- pening by this administration is the pened to real U.S. savings bond drives? appointed to read, and I will include

VerDate jul 14 2003 01:59 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.063 H27PT1 April 27, 2004 CONGRESSIONAL RECORD — HOUSE H2403 this article for the RECORD, that the Number two, we need to balance the this year, a record in dollar terms, and show Chairman of the Federal Reserve, Alan budget. We cannot continue to borrow little improvement in coming years. Greenspan, said that because America from foreign interests to move this President Bush submitted a budget to Con- gress this year that projects that he will be has been experiencing this rise in economy forward, because you have to able to cut the deficit in half over the next prices, we have to begin importing pay the piper at the end of the road, five years, reducing it to a shortfall of $237 more natural gas. He did not say we and that piper is no longer U.S. savings billion in 2009. need to create more jobs here at home bond holders in this country. That The IMF said if Mr. Bush is able to accom- through the investment in energy tech- piper is now foreign interests. We are plish such a reduction in the budget deficit, nologies in the United States of Amer- paying hundreds of billions of dollars it would significantly lower, but not elimi- ica. every year to those very interests, and nate the adverse effects from the deficit on U.S. and global economies. Quoting the Washington Post, it said, over half of our deficit is now financed It saw a long-run impact from such a budg- ‘‘Greenspan said a dramatic rise in the by them. That eagle cannot fly. We et reduction as reducing global economic recent years in the price of both oil and have to become self-financing here at output by 2.55 percent, compared with a re- gas for delivery six years into the fu- home. duction of 4.2 percent under the worst-case ture was almost certain to have an im- Thirdly, in terms of energy, it is the scenario in which the deficit remains at the pact on the U.S. economy.’’ So he is ad- major drag on this economy. We need current record levels. mitting that the job situation is not here in Washington leaders who will Under the Bush program to reduce the def- going to get better, that this will be a commit to making America energy icit, U.S. economic growth will be depressed by 1.88 percent in the long term, compared drag on economic growth. independent again, investing in with 3.68 percent under the more adverse def- But then he said the impact was like- photovoltaics, investing in hydrogen, icit path. ly to be greater for users of natural investing in biofuels, biodiesel, ethanol However, the IMF said if the United States gas, because they had no global supply and new fuels off our farms and fields decided to pursue more rapid deficit reduc- to cushion price increases. He said, ‘‘If that we have not even dreamed about tion, the adverse drag on growth would be North American gas markets are to yet. We need fuel cells. We need in the greatly reduced to 1.03 percent in the long function with the flexibility exhibited coal belt clean coal, far beyond what term in the United States and 1.47 percent worldwide. by oil,’’ but what flexibility, Mr. people have invented in the past. This ‘‘It would be good if there were stronger Greenspan? We are totally dependent. is all within America’s capability. measures put in place to contain the deficit Saudi Arabia tells us what to do, the I once read an expression that the and that is what we are looking for,’’ Mr. OPEC nations tell us what to do. Our greatest room in the world was room Rajan said. eagle cannot fly. She is not inde- for improvement, and that the greatest The IMF analysis of the economic impact pendent any more. But he says, ‘‘more force in the world is inertia. I hope of the U.S. budget deficits represented the extensive access to the vast world re- that in this presidential year we will latest in a series of reports in which the 184- nation international lending agency has serves of gas is required.’’ get to the point where, rather than cut- urged stronger measures to get control of I disagree. I think we need an admin- ting one another up, the candidates the deficit. istration in place that will make Amer- will stand up there in front of the The IMF report conceded that the U.S. def- ica energy independent in less than 10 American people and say this is what icit, which reflected in part the impact of years. We have the ability to do it. we intend to do in our first 100 days, Mr. Bush’s tax cuts, was useful in helping Right now, we have over $100 billion in this is what we intend to do in the first the United States and the global economy oil subsidies largely going to multi- 6 months and the first year to get this recover from the adverse effects of a number national corporations operating far economy moving again. of shocks such as the 2001 recession, the ter- rorist attacks and the bursting of the stock afield from North America. Why do we Every American should vote for the market bubble. not turn some of those dollars back to candidate, for this body, for the presi- Interest rates have yet to show significant investments here at home? dency, for the other body, who has the increases in spite of the large budget defi- Does any person not believe that if best ideas, because, Mr. Speaker, that cits. those dollars were brought back here eagle, she cannot make it alone. We But the IMF said it was only a matter of and repatriated, we would not have a have to help her. Right now, the burden time before rates did start to rise, reflecting vast booming new industry across rural is too heavy, and this economy cannot an improving economy, increased demand for America, across Sun Valley, across En- credit by businesses and actions by the Fed- take leaps forward without greater vi- eral Reserve to start raising interest rates to ergy Valley, USA, our coal reserves sion and greater commitment by the keep inflation under control. that run from Pennsylvania all the top leaders of this country. way through Illinois? Mr. Speaker, I include for the record [From the Washington Post, Apr. 27, 2004] Do you mean to tell me we cannot the two articles I referenced this GREENSPAN: ENERGY PRICES THREATEN U.S. figure this out, that we cannot figure evening. ECONOMY out how to make clean fuels in the U.S. DEFICIT, RATES COULD HURT GLOBALLY (By Martin Crutsinger) United States? No, we just became wed Uncontrolled U.S. budget deficits would WASHINGTON.—The United States needs to to a system that can no longer last. pose a serious threat to global prosperity in expand the global trade in natural gas as a Let somebody else take those oil re- the coming years as rising interest rates de- way to prevent future sharp price increases serves. The eagle cannot fly, because press economic growth in the United States from harming its economy, Federal Reserve we are totally dependent on somebody and around the world, the International Chairman Alan Greenspan said Tuesday. Monetary Fund warned yesterday. Greenspan said a dramatic rise in recent else. The IMF released an analysis that pre- years in the price of both oil and gas for de- So my message this evening is that dicted if nothing is done to get control of the livery six years into the future was almost for America’s economy to grow, we soaring U.S. deficits, it would shave global certain to have an impact on the U.S. econ- need a different set of leaders in this economic output by 4.2 percent by 2020 and omy. country. We need a set of leaders that reduce U.S. economic growth by 3.7 percent But he said the impact was likely to be will balance America’s trade accounts; during the same period. greater for users of natural gas because they that will help us export products again, IMF economists said much of the adverse had no global supply to cushion price in- not American jobs; who will amend our impact would occur because of increased bor- creases. rowing demands in the United States to fi- ‘‘If North American gas markets are to trade agreements, whether it is nance the budget deficit. This would drive up function with the flexibility exhibited by oil, NAFTA, whether it is our agreements U.S. interest rates and interest rates in more extensive access to the vast world re- with China, so that we begin to have other countries as the global supply of avail- serves of gas is required,’’ Greenspan said in balanced trade; so where markets are able capital is reduced, they said. remarks to an energy conference sponsored closed, we had best open them, or ‘‘The rest of the world is affected seriously by the Center for Strategic and Inter- America will remain the dump market by the U.S. fiscal deficit,’’ IMF chief econo- national Studies. of the world. We need to have trade mist Raghuram Rajan told reporters. Greenspan said imports of liquefied natural The IMF’s forecast that the U.S. budget gas accounted for only 2 percent of the U.S. agreements that allow us to create jobs deficit will be a significant drag on growth market last year in part because environ- in this country again, not move our reflected what will occur if there is no im- mental and safety concerns have limited the jobs offshore. We need balanced trade provement in the deficit, which the Bush ad- number of U.S. ports with facilities to han- accounts. ministration projects will hit $521 billion dle liquefied natural gas, or LNG, shipments.

VerDate jul 14 2003 01:59 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.065 H27PT1 H2404 CONGRESSIONAL RECORD — HOUSE April 27, 2004 But he said that situation could be chang- business cochairing the U.S. delegation Defense, transmitting the Department’s final ing. to the International Conference on rule — Civilian Health and Medical Program ‘‘Given notable cost reductions for both Anti-Semitism in Berlin. of the Uniformed Services (CHAMPUS)/ liquefaction and transportation of LNG, sig- TRICARE; Implementation of the Pharmacy nificant global trade is developing,’’ he said. f Benefits Program (RIN: 0720-AA63) received ‘‘And high natural gas prices projected by SPECIAL ORDERS GRANTED April 6, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); distant futures prices have made imported to the Committee on Armed Services. gas a more attractive option for us.’’ By unanimous consent, permission to 7840. A letter from the Alternate OSD Fed- Greenspan said the fact that worldwide im- address the House, following the legis- eral Register Liaison Officer, Department of ports account for 57 percent of global oil con- lative program and any special orders Defense, transmitting the Department’s final sumption but only 23 percent of natural gas heretofore entered, was granted to: rule — TRICARE; Civilian Health and Med- ical Program of the Uniformed Services consumption showed the growth potential (The following Members (at the re- for trade in natural gas. (CHAMPUS); Special Supplemental Food quest of Mr. OLVER) to revise and ex- Greenspan said the price of energy con- Program for Women, Infants, and Children tracts for delivery six years into the future tend their remarks and include extra- Overseas (RIN: 0720-AA75) received March 31, and taken a sharp jump upward over the past neous material:) 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the four years after a decade of ‘‘tranquility.’’ Mrs. MCCARTHY of New York, for 5 Committee on Armed Services. He noted that the price of oil for delivery minutes, today. 7841. A letter from the Alternate OSD Fed- eral Register Liaison Officer, Department of in six years fell from $20 per barrel just be- Mr. GEORGE MILLER of California, for Defense, transmitting the Department’s final fore the first Gulf War to $16 to $19 per barrel 5 minutes, today. rule — Civilian Health and Medical Program in 1999. Mr. DEFAZIO, for 5 minutes, today. of the Uniformed Services (CHAMPUS)/ Distant futures contracts for natural gas TRICARE; Implementation of the Pharmacy were less than $2 per 1,000 cubic feet of nat- Mr. EMANUEL, for 5 minutes, today. Mr. PALLONE, for 5 minutes, today. Benefits Program (RIN: 0720-AA63) received ural gas at the time of the first Gulf War and March 26, 2004, pursuant to 5 U.S.C. Mr. WAXMAN, for 5 minutes, today. had risen only slightly to $2.50 per 1,000 cubic 801(a)(1)(A); to the Committee on Armed feet by 1999. Mr. SCHIFF, for 5 minutes, today. Services. But currently, distant futures contracts Ms. MILLENDER-MCDONALD, for 5 min- 7842. A letter from the Acting Assistant for oil have risen to more than $27 per barrel utes, today. Secretary for Communications and Informa- while the price increase for natural gas has Mrs. MALONEY, for 5 minutes, today. tion, Department of Commerce, transmitting been even more noticeable, rising from $3.20 Ms. NORTON, for 5 minutes, today. the Department’s final rule — Technology per 1,000 cubic feet in 2001 to almost $5 cur- Opportunities Program [Docket No. Mr. WEINER, for 5 minutes, today. rently. 981203295-4044-09] received April 9, 2004, pursu- While Greenspan said the rise in oil prices Ms. WATSON, for 5 minutes, today. ant to 5 U.S.C. 801(a)(1)(A); to the Committee apparently reflected increased fears about Ms. JACKSON-LEE of Texas, for 5 min- on Energy and Commerce. supply disruptions in a more unstable Middle utes, today. 7843. A letter from the Director, Regula- East, he attributed the increase in natural Mr. MCDERMOTT, for 5 minutes, tions Policy and Management Sta., FDA, De- gas prices to the fact that there is more lim- today. partment of Health and Humam Services, ited global trade in natural gas. transmitting the Department’s final rule — Mr. BECERRA, for 5 minutes, today. ‘‘Natural gas pricing . . . is inherently far Prior Notice of Imported Food Under the more volatile than oil, doubtless reflecting, Ms. WOOLSEY, for 5 minutes, today. Public Health Security and Bioterrorism in part, less-developed, price-damping global (The following Members (at the re- Preparedness and Response Act of 2002 trade,’’ he said. quest of Mr. MORAN of Kansas) to re- [Docket No. 02N-0278] (RIN: 0910-AC41) re- To deal with these price pressures, Green- vise and extend their remarks and in- ceived April 7, 2004, pursuant to 5 U.S.C. span called for more access to global supplies clude extraneous material:) 801(a)(1)(A); to the Committee on Energy and through a major expansion of liquefied nat- Mr. FLAKE, for 5 minutes, today and Commerce. 7844. A letter from the Director, Regula- ural gas terminal facilities and the develop- April 28. ment of newer technology that allows the tions Policy and Management Sta., FDA, De- Mr. BURTON of Indiana, for 5 minutes, liquefied natural gas to be turned back into partment of Health and Human Services, a gas at offshore facilities. today and April 28 and 29. transmitting the Department’s final rule — ‘‘As the technology of LNG liquefaction Mr. MARIO DIAZ-BALART of Florida, Removal of Delegations of Authority and and shipping has improved and as safety con- for 5 minutes, April 28. Conforming Changes to Regulations [Docket siderations have lessened, a major expansion Mr. HENSARLING, for 5 minutes, April No. 2004N-0142] received April 14, 2004, pursu- of U.S. import capability appears to be under 28. ant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce. way,’’ Greenspan said. Mr. SOUDER, for 5 minutes, April 28. He said these developments offered great 7845. A letter from the Director, Regula- Ms. GINNY BROWN-WAITE of Florida, tions Policy and Management Sta., FDA, De- promise of boosting the availability of nat- partment of Health and Human Services, ural gas in the long term. But he cautioned for 5 minutes, April 28. transmitting the Department’s final rule — that since it will take years to put the new f Prescription Drug Marketing Act of 1987; facilities into operation, the near-term out- SENATE ENROLLED BILL SIGNED Prescription Drug Amendments of 1992; Poli- look for natural gas prices would likely re- cies, Requirements, and Administrative Pro- main ‘‘challenging.’’ The SPEAKER announced his signa- cedures; Delay of Effective Date [Docket No. f ture to an enrolled bill of the Senate of 1992N-0297] (RIN: 0905-AC81) received April 6, the following title: LEAVE OF ABSENCE 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the S. 2022. An act to designate the Federal Committee on Energy and Commerce. By unanimous consent, leave of ab- building located at 250 West Cherry Street in 7846. A letter from the Director, Regula- sence was granted to: Carbondale, Illinois the ‘‘Senator Paul tions Policy and Management Sta., FDA, De- Mr. CARDIN (at the request of Ms. Simon Federal Building’’. partment of Health and Human Services, transmitting the Department’s final rule — PELOSI) for today and April 28 on ac- f Prescription Drug Marketing Act of 1987; count of official business. ADJOURNMENT Prescription Drug Aemdments of 1992; Poli- Mr. HASTINGS of Florida (at the re- cies, Requirements, and Administrative quest of Ms. PELOSI) for today and the Ms. KAPTUR. Mr. Speaker, I move Proceduers; Delay of Effective Date; Correc- balance of the week on account of offi- that the House do now adjourn. tion [Docket No. 1992N-0297] (RIN: 0905-AC81) cial business. The motion was agreed to; accord- received April 6, 2004, pursuant to 5 U.S.C. Ms. WATERS (at the request of Ms. ingly (at 8 o’clock and 40 minutes 801(a)(1)(A); to the Committee on Energy and Commerce. PELOSI) for today and April 28 on ac- p.m.), the House adjourned until to- 7847. A letter from the Director, Regula- count of official business. morrow, April 28, 2004, at 10 a.m. tions Policy and Management Sta., FDA, De- Mr. CRENSHAW (at the request of Mr. f partment of Health and Human Services, DELAY) for today on account of family transmitting the Department’s final rule — matters. EXECUTIVE COMMUNICATIONS, Biological Products; Bacterial Vaccines and Mr. LUCAS of Oklahoma (at the re- ETC. Toxoids; Implementation of Efficacy Review; quest of Mr. DELAY) for today on ac- Under clause 8 of rule XII, executive Correction [Docket No. 1980N-0208] received count of attending a funeral. communications were taken from the April 6, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce. Mr. SMITH of New Jersey (at the re- Speaker’s table and referred as follows: 7848. A letter from the Director, Regula- quest of Mr. DELAY) for today and 7839. A letter from the Alternate OSD Fed- tions Policy and Management Sta., FDA, De- April 28 and 29 on account of official eral Register Liaison Officer, Department of partment of Health and Human Services,

VerDate jul 14 2003 01:59 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A27AP7.036 H27PT1 April 27, 2004 CONGRESSIONAL RECORD — HOUSE H2405 transmitting the Department’s final rule — AN05) received April 6, 2004, pursuant to 5 Committee on Ways and Means for a period Drug Labeling; Orally Ingested Over-the- U.S.C. 801(a)(1)(A); jointly to the Committees ending not later than July 6, 2004, for consid- Counter Drug Products Containing Calcium, on Energy and Commerce and Ways and eration of such provisions of the bill as fall Magnesium, and Potassium [Docket No. Means. within the jurisdiction of that committee 1995N-0254] received April 7, 2004, pursuant to f pursuant to clause 1(s), rule X. 5 U.S.C. 801(a)(1)(A); to the Committee on f Energy and Commerce. REPORTS OF COMMITTEES ON 7849. A letter from the Director, Regula- PUBLIC BILLS AND RESOLUTIONS TIME LIMITATION OF REFERRED tions Policy and Management Sta., FDA, De- BILL partment of Health and Human Services, Under clause 2 of rule XIII, reports of transmitting the Department’s final rule — committees were delivered to the Clerk Pursuant to clause 2 of rule XII the Drug Labeling; Sodium Labeling for Over- for printing and reference to the proper following action was taken by the the-Counter Drugs; Technical Amendment; calendar, as follows: Speaker: Termination of Delay of Effective Date; Mr. BARTON: Committee on Energy and H.R. 1914. Referral to the Committee on Compliance Dates [Docket No. 900N-0309] re- Commerce. H.R. 3866. A bill to amend the Ways and Means extended for a period ending ceived April 7, 2004, pursuant to 5 U.S.C. Controlled Substances Act to provide in- not later than July 6, 2004. 801(a)(1)(A); to the Committee on Energy and creased penalties for anabolic steroid of- H.R. 2179. Referral to the Committee on Commerce. fenses near sports facilities, and for other the Judiciary extended for a period ending 7850. A letter from the Director, Regula- purposes; with an amendment (Rept. 108–461 not later than June 1, 2004. tions Policy and Management Sta., FDA, De- Pt. 2). Referred to the Committee of the H.R. 2768. Referral to the Committee on partment of Health and Human Services, Whole House on the State of the Union. Ways and Means extended for a period ending transmitting the Department’s final rule — Mrs. MYRICK: Committee on Rules. House not later than July 6, 2004. Change of Address; Technical Amendment — Resolution 607. Resolution providing for the H.R. 3277. Referral to the Committee on received April 6, 2004, pursuant to 5 U.S.C. consideration of the bill (H.R. 4181) to amend Ways and Means extended for a period ending 801(a)(1)(A); to the Committee on Energy and the Internal Revenue Code of 1986 to perma- not later than July 6, 2004. Commerce. nently extend the increased standard deduc- f 7851. A letter from the Deputy Assistant tion, and the 15-percent individual income Secretary for Labor-Management Programs, tax bracket expansion, for married taxpayer PUBLIC BILLS AND RESOLUTIONS Department of Labor, transmitting the De- filing joint returns (Rept. 108–470). Referred partment’s final rule — Obligations of Fed- to the House Calendar. Under clause 2 of rule XII, public eral Contractors and Subcontractors; Notice Mr. BARTON: Committee on Energy and bills and resolutions were introduced of Employee Rights Concerning Payment of Commerce. House Resolution 516. Resolution and severally referred, as follows: Union Dues or Fees (RIN: 1215-AB33) received supporting the goals of National Manufac- By Mrs. BIGGERT (for herself, Mr. April 1, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); turing Week, congratulating manufacturers DAVIS of Tennessee, Mr. BOEHLERT, to the Committee on Government Reform. and their employees for their contributions 7852. A letter from the Deputy Associate and Mr. JOHNSON of Illinois): to growth and innovation, and recognizing Administrator, Office of Acquisition Policy, H.R. 4218. A bill to amend the High-Per- the challenges facing the manufacturing sec- GSA, National Aeronautics and Space Ad- formance Computing Act of 1991; to the Com- tor; with amendments (Rept. 108–471). Re- ministration, transmitting the Administra- mittee on Science. ferred to the House Calendar. tion’s final rule — Federal Acquisition Regu- By Mr. PETRI (for himself, Mr. YOUNG lation; Special Emergency Procurement f of Alaska, Mr. OBERSTAR, and Mr. LI- PINSKI): [FAC 2001-20; FAR Case 2003-022] (RIN: 9000- REPORTED BILL SEQUENTIALLY AJ88) received March 25, 2004, pursuant to 5 H.R. 4219. A bill to provide an extension of U.S.C. 801(a)(1)(A); to the Committee on Gov- REFERRED highway, highway safety, motor carrier safe- ernment Reform. Under clause 2 of rule XII, bills and ty, transit, and other programs funded out of 7853. A letter from the Deputy Associate the Highway Trust Fund pending enactment reports were delivered to the Clerk for of a law reauthorizing the Transportation Administrator, Office of Acquisition Policy, printing, and bills referred as follows: GSA, National Aeronautics and Space Ad- Equity Act for the 21st Century; to the Com- ministration, transmitting the Administra- Mr. OXLEY: Committee on Financial Serv- mittee on Transportation and Infrastruc- tion’s final rule — Federal Acquisition Regu- ices. H.R. 1914. A bill to provide for the ture, and in addition to the Committees on lation; Purchases from Federal Prison Indus- issuance of a coin to commemorate the 400th Ways and Means, Resources, and Science, for tries — Requirement for Market Research anniversary of the Jamestown settlement a period to be subsequently determined by [FAC 2001-21; FAR Case 2003-023] (RIN: 9000- (Rept. 108–472 Pt. 1); referred to the Com- the Speaker, in each case for consideration AJ91) received April 15, 2004, pursuant to 5 mittee on Ways and Means for a period end- of such provisions as fall within the jurisdic- U.S.C. 801(a)(1)(A); to the Committee on Gov- ing not later than July 6, 2004, for consider- tion of the committee concerned. ernment Reform. ation of such provisions of the bill as fall By Ms. BORDALLO (for herself, Mr. 7854. A letter from the Deputy Associate within the jurisdiction of that committee SHERMAN, Mrs. CHRISTENSEN, Mr. Administrator, Office of Acquisition Policy, pursuant to clause 1(s), rule X. FALEOMAVAEGA, Mr. MCINTYRE, Ms. GSA, National Aeronautics and Space Ad- Mr. OXLEY: Committee on Financial Serv- NORTON, and Mr. OWENS): ministration, transmitting the Administra- ices. H.R. 2179. A bill to enhance the author- H.R. 4220. A bill to amend the Fair Credit tion’s final rule — Federal Acquisition Cir- ity of the Securities and Exchange Commis- Reporting Act to protect the credit records cular 2001-22; Introduction — received April sion to investigate, punish, and deter securi- of consumers who are affected by federally 15, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to ties laws violations, and to improve its abil- declared disasters, and for other purposes; to the Committee on Government Reform. ity to return funds to defrauded investors, the Committee on Financial Services. 7855. A letter from the Deputy Archivist, and for other purposes, with an amendment; By Mr. ENGLISH: National Archives and Records Administra- referred to the Committee on Judiciary for a H.R. 4221. A bill to amend the Internal Rev- tion, transmitting the Administration’s final period ending not later than June 1, 2004, for enue Code of 1986 to reduce for individuals rule — Publication of Revised Bylaws of the consideration of such provisions of the bill the maximum rate of tax on unrecaptured Interagency Security Classification Appeals and amendment as fall within the jurisdic- section 1250 gain from 25 percent to 15 per- Panel [Directive No. 1: Appendix A] Recieved tion of that committee pursuant to clause cent; to the Committee on Ways and Means. April 2, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); 1(k), rule X. By Mr. MOORE (for himself, Mr. to the Committee on Government Reform. Mr. OXLEY: Committee on Financial Serv- TIAHRT, Mr. RYUN of Kansas, and Mr. 7856. A letter from the Secretary, Adminis- ices. H.R. 2768. A bill to require the Sec- MORAN of Kansas): trative Committee of the Federal Register, retary of the Treasury to mint coins in com- H.R. 4222. A bill to designate the facility of National Archives and Records Administra- memoration of Chief Justice John Marshall the United States Postal Service located at tion, transmitting the Administration’s final (Rept. 108–473 Pt. 1); referred to the Com- 550 Nebraska Avenue in Kansas City, Kansas, rule — Price Changes to Federal Register mittee on Ways and Means for a period end- as the ‘‘Newell George Post Office Building’’; Publications (RIN: 3095-AB35) received April ing not later than July 6, 2004, for consider- to the Committee on Government Reform. 9, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to ation of such provisions of the bill as fall By Mr. NUNES (for himself, Mr. SHER- the Committee on Government Reform. within the jurisdiction of that committee WOOD, Mr. GREEN of Wisconsin, Mr. 7857. A letter from the Regulations Coordi- pursuant to clause 1(s), rule X. CARDOZA, Mr. POMBO, Mr. MCCOTTER, nator, Centers for Medicare and Medicaid Mr. OXLEY: Committee on Financial Serv- Mr. RADANOVICH, Mr. MARIO DIAZ- Services, Department of Health and Human ices. H.R. 3277. A bill to require the Sec- BALART of Florida, Mr. PEARCE, Mr. Service, transmitting the Department’s final retary of the Treasury to mint coins in com- SIMPSON, Mr. PETERSON of Minnesota, rule — Medicare Program; Manufacturer memoration of the 230th Anniversary of the and Mr. LATOURETTE): Submission of Manufacturer’s Average Sales United States Marine Corps, and to support H.R. 4223. A bill to require the Commodity Price (ASP) Data for Medicare Part B Drugs construction of the Marine Corps Heritage Credit Corporation to support the develop- and Biologicals [CMS-1380-IFC] (RIN: 0938- Center (Rept. 108–474 Pt. 1); referred to the ment of a domestic casein and milk protein

VerDate jul 14 2003 01:59 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\L27AP7.000 H27PT1 H2406 CONGRESSIONAL RECORD — HOUSE April 27, 2004

concentrate industry, and for other purposes; H.R. 2404: Mr. SMITH of New Jersey. nois, Mr. BURGESS, Mr. BACHUS, Mr. REY- to the Committee on Agriculture. H.R. 2416: Mr. GRIJALVA. NOLDS, Mr. PENCE, Mr. KNOLLENBERG, Mr. By Ms. SCHAKOWSKY (for herself and H.R. 2511: Mr. DOYLE and Mr. SAXTON. GILCHREST, Mr. CULBERSON, Mr. RAMSTAD, Mr. WAXMAN): H.R. 2569: Mr. OWENS. Mr. CARTER, Mr. MILLER of Florida, Mr. PUT- H.R. 4224. A bill to require revisions to the H.R. 2638: Mr. COX. NAM, Mr. BOOZMAN, Mr. COLE, Mr. SMITH of Federal Acquisition Regulation to require H.R. 2671: Mr. KLINE. New Jersey, Mr. BISHOP of Utah, Mr. CAL- executive agencies to seek commercial, vol- H.R. 2677: Mr. WAXMAN. VERT, Mr. KINGSTON, Mr. JONES of North ume, or other discounts for purchases made H.R. 2728: Mr. SAM JOHNSON of Texas. Carolina, Mr. WALDEN of Oregon, Mr. TURNER with the Governmentwide commercial pur- H.R. 2719: Mr. SAM JOHNSON of Texas. of Ohio, and Mr. FRELINGHUYSEN. chase card, and for other purposes; to the H.R. 2730: Mr. SAM JOHNSON of Texas. H.R. 4182: Mr. GEORGE MILLER of California Committee on Government Reform. H.R. 2731: Mr. SAM JOHNSON of Texas. and Mr. MCGOVERN. By Mrs. MYRICK: H.R. 2807: Mrs. DAVIS of California. H.R. 4184: Mr. OWENS. H. Res. 607. A resolution providing for con- H.R. 2850: Mr. PRICE of North Carolina. H.R. 4207: Mrs. MCCARTHY of New York and sideration of the bill (H.R. 4181) to amend the H.R. 2941: Mrs. NAPOLITANO. Mr. BROWN of Ohio. Internal Revenue Code of 1986 to perma- H.R. 2945: Mr. EMANUEL. H. Con. Res. 247: Mr. WALDEN of Oregon. nently extend the increased standard deduc- H.R. 3015: Mr. RUSH, Mrs. CHRISTENSEN, and H. Con. Res. 298: Mr. CANTOR, Mr. BACHUS, tion, and the 15-percent individual income Mr. DEUTSCH. Mr. MCCOTTER, Mr. GUTKNECHT, and Mr. tax bracket expansion, for married taxpayers H.R. 3090: Mr. MCNULTY and Mr. BRADY of HERGER. filing joint returns. Pennsylvania. H. Con. Res. 310: Mr. WELDON of Florida. H.R. 3142: Mr. FILNER and Mrs. H. Con. Res. 366: Mr. SHERMAN, Mrs. f NAPOLITANO. MALONEY, Mr. LYNCH, Mr. MARKEY, Ms. ADDITIONAL SPONSORS H.R. 3191: Mr. EVERETT. JACKSON-LEE of Texas, Ms. MILLENDER- H.R. 3203: Mrs. CHRISTENSEN. MCDONALD, Mrs. NAPOLITANO, Mr. CLYBURN, Under clause 7 of rule XII, sponsors H.R. 3213: Ms. HARRIS. Mrs. TAUSCHER, Mr. SCOTT of Virginia, Mr. were added to public bills and resolu- H.R. 3247: Mr. MATHESON and Mr. BOUCHER. OBERSTAR, Mr. MEEHAN, and Mr. MCINTYRE. tions as follows: H.R. 3324: Mr. MORAN of Virginia. H. Con. Res. 371: Ms. LINDA T. SANCHEZ of H.R. 3350: Ms. ROYBAL-ALLARD. California, Mr. STUPAK, Mr. LANGEVIN, and H.R. 25: Mr. GRAVES. H.R. 3444: Mr. LANTOS. Mr. MOORE. H.R. 303: Mr. OWENS. H.R. 3474: Ms. MCCOLLUM, Mr. SHIMKUS, Mr. H. Con. Res. 377: Mrs. MUSGRAVE. H.R. 327: Mr. MEEHAN. SCOTT of Virginia, Mr. TIERNEY, Mr. H. Con. Res. 378: Mr. DAVIS of Florida, Mr. H.R. 348: Mr. TIERNEY. GINGREY, Mr. DOYLE, Mr. MCKEON, Mr. MICA, TIERNEY, and Mr. PEARCE. H.R. 369: Ms. DELAURO. and Mr. GIBBONS. H. Con. Res. 380: Mr. GREEN of Texas, Mr. H.R. 442: Mr. SHAYS. H.R. 3528: Mr. ENGEL. HOYER, Mr. MOORE, Mr. PAYNE, and Ms. MANUEL ERRANO H.R. 548: Mr. E , Mr. S , Mr. H.R. 3539: Ms. ROS-LEHTINEN, Mr. MEEKS of SLAUGHTER. ONZALEZ EEKS G , Mr. M of New York, Ms. New York, Mr. HAYWORTH, and Mr. TOM H. Con. Res. 396: Mr. PAYNE. C ARTHY RADY M C of Missouri, Mr. B of Penn- DAVIS of Virginia. H. Con. Res. 399: Mr. HONDA. sylvania, Mr. NADLER, Ms. LEE, Mr. BOU- H.R. 3619: Mr. BALLANCE, Mrs. TAUSCHER, H. Con. Res. 403: Mr. RAMSTAD, Mr. CHER, Mr. BERMAN, Mr. CAPUANO, Mr. MENEN- Mr. SPRATT, and Ms. BERKLEY. DEUTSCH, Ms. HARRIS, Ms. MCCOLLUM, Mr. DEZ, Mr. SKELTON, Mr. OWENS, and Ms. H.R. 3640: Mr. KUCINICH and Mr. MEEHAN. HONDA, Mr. OLVER, Mrs. MUSGRAVE, Mr. SLAUGHTER. H.R. 3641: Mr. CLAY and Mr. DAVIS of Illi- SOUDER, Mr. CONYERS, Mr. SPRATT, Mr. H.R. 715: Mrs. NAPOLITANO and Ms. MCCAR- nois. FRANKs of Arizona, Mr. GRIJALVA, Ms. NOR- THY of Missouri. H.R. 3683: Ms. NORTON. TON, Mr. RAHALL, Mr. MEEHAN, Mr. ACKER- H.R. 717: Mr. CROWLEY and Mrs. TAUSCHER. H.R. 3763: Mr. BRADY of Pennsylvania. MAN, Mr. CUMMINGS, Ms. DELAURO, Ms. LO- H.R. 727: Mr. FORD, Mr. OLVER, and Mr. H.R. 3777: Mr. WICKER, Mr. CHOCOLA, Mr. RETTA SANCHEZ of California, Mr. FRANK of HOLT. DOOLEY of California, Mr. OBERSTAR, Mr. Massachusetts, Mr. LANTOS, Mr. JOHNSON of H.R. 776: Ms. SLAUGHTER. WILSON of South Carolina, and Mr. HALL. Illinois, Mr. MCNULTY, Mr. LEACH, Mr. H.R. 785: Mr. BURNS, Mr. CHANDLER, and H.R. 3784: Mr. HERGER and Mr. BARTLETT of FLAKE, Mr. SANDERS, Ms. KAPTUR, and Mr. Mr. ROGERS of Kentucky. Maryland. GILCHREST. H.R. 840: Mr. BONNER. H.R. 3791: Mr. TERRY. H. Res. 60: Mr. ROTHMAN. H.R. 843: Mr. MICHAUD. H.R. 3799: Mr. LEWIS of Kentucky, Mr. H. Res. 103: Mr. DOYLE. H.R. 857: Mr. CRENSHAW and Mr. CHABOT. HALL, Mr. BISHOP of Utah, Mr. JONES of H. Res. 313: Mr. GREEN of Wisconsin. H.R. 869: Mr. CUMMINGS and Mr. FILNER. North Carolina, and Mr. MCCOTTER. H. Res. 508: Mr. STENHOLM, Mr. MORAN of H.R. 870: Mrs. MILLER of Michigan. H.R. 3803: Ms. MCCARTHY of Missouri. Virginia, Mr. LAMPSON, Ms. MCCARTHY of H.R. 879: Mr. HINOJOSA and Mr. PAYNE. H.R. 3866: Mr. CASTLE. Missouri, Mr. CASE, Ms. LEE, Mr. CAPUANO, H.R. 962: Mr. BOUCHER. H.R. 3871: Ms. HARMAN, Mr. GONZALEZ, Mr. Mr. BRADY of Pennsylvania, Mr. MOORE, Mr. H.R. 1051: Ms. LORETTA SANCHEZ of Cali- BERMAN, Mr. PALLONE, Mr. ETHERIDGE, and RANGEL, Mr. HASTINGS of Florida, Ms. CAR- fornia. Mr. MARKEY. SON of Indiana, Mr. MCDERMOTT, Ms. KIL- H.R. 1084: Mr. TIBERI and Mr. EHLERS. H.R. 3927: Ms. BALDWIN. PATRICK, Mr. LEVIN, Mr. BISHOP of Georgia, H.R. 1160: Mr. BOSWELL and Ms. JACKSON- H.R. 3936: Mr. TIERNEY and Mr. RENZI. Mr. CUMMINGS, Mr. RUPPERSBERGER, Ms. LEE of Texas. H.R. 3972: Mr. GARRETT of New Jersey. NORTON, Ms. MILLENDER-MCDONALD, Ms. H.R. 1206: Mr. CULBERSON. H.R. 3976: Mr. GARRETT of New Jersey. CORRINE BROWN of Florida, Ms. WATERS, Mr. H.R. 1214: Mr. KIND, Mr. LYNCH, Mr. H.R. 4026: Mr. MANZULLO, Mr. BOOZMAN, TOWNS, Mr. DAVIS of Alabama, Mr. SCOTT of BOOZMAN, and Mr. NADLER. and Mr. JOHN. Virginia, Mr. RUSH, Mr. OWENS, Ms. JACKSON- H.R. 1305: Ms. MAJETTE, Mr. HINOJOSA, Mr. H.R. 4039: Mrs. MUSGRAVE, Ms. BERKLEY, LEE of Texas, Ms. BORDALLO, Mr. SCOTT of BURTON of Indiana, and Mr. MICA. and Mr. GREENWOOD. Georgia, Mr. CONYERS, Mr. FORD, Mr. RYAN H.R. 1345: Mr. PRICE of North Carolina and H.R. 4059: Mr. KIND, Mr. FROST, and Mr. of Ohio, Mr. ISRAEL, Mr. RODRIGUEZ, Mr. Mr. RUPPERSBERGER. EMANUEL. MEEK of Florida, Mr. ENGEL, Mr. MCNULTY, H.R. 1360: Mrs. MILLER of Michigan. H.R. 4061: Mr. MCGOVERN, Mr. DOGGETT, Mr. OBERSTAR, Ms. SLAUGHTER, Mr. LANTOS, H.R. 1414: Ms. KILPATRICK. Mr. GEORGE MILLER of California, Mr. MEEK Mr. CLYBURN, and Mrs. JO ANN DAVIS of Vir- H.R. 1430: Mr. RAHALL. of Florida, Mr. FILNER, Mr. DICKS, Mr. ginia. H.R. 1575: Mr. PAYNE. OWENS, Mr. BURTON of Indiana, and Mr. H. Res. 567: Mr. LATHAM, Mr. UDALL of Col- H.R. 1634: Mr. ABERCROMBIE, Mr. COX, and MCCOTTER. orado, Mr. DEMINT, Mr. BOSWELL, Mr. KIND, Mr. BISHOP of Utah. H.R. 4065: Mr. BRADLEY of New Hampshire, Ms. JACKSON-LEE of Texas, Mr. NORWOOD, Mr. H.R. 1653: Mr. BOUCHER. Mr. GRIJALVA, and Ms. HARRIS. CRAMER, Mr. CASTLE, Mr. NETHERCUTT, Mr. H.R. 1684: Mrs. MCCARTHY of New York, Mr. H.R. 4072: Ms. DELAURO. GREEN of Wisconsin, Mr. GINGREY, Mr. TOM ACKERMAN, Mr. KENNEDY of Rhode Island, H.R. 4097: Mrs. CHRISTENSEN and Mr. DAVIS of Virginia, Mr. MARSHALL, and Mr. and Ms. KILPATRICK. WEXLER. WEXLER. H.R. 1689: Mrs. CAPPS and Ms. NORTON. H.R. 4101: Mr. LIPINSKI and Mr. FILNER. H. Res. 568: Mr. BAKER, Mr. MILLER of Flor- H.R. 1735: Mr. TIERNEY, and Mr. UDALL of H.R. 4104: Ms. HOOLEY of Oregon, Mr. ida, Mr. WAMP, Mr. BEREUTER, Mr. GIBBONS, New Mexico. MCGOVERN, and Mr. HOEFFEL. and Mr. HAYES. H.R. 1784: Mr. MCCOTTER and Ms. BALDWIN. H.R. 4116: Mr. FROST, Mr. GRIJALVA, and H. Res. 570: Mr. MEEKS of New York and H.R. 1910: Mr. ISAKSON. Mr. GORDON. Mr. BALLENGER. H.R. 2145: Mrs. LOWEY. H.R. 4126: Mr. TIBERI. H. Res. 596: Mr. SHERMAN, Mr. WEXLER, and H.R. 2198: Mr. TOWNS, Mr. MORAN of Vir- H.R. 4154: Mrs. CHRISTENSEN. Ms. KAPTUR. ginia, Mr. MCGOVERN, Mr. NADLER, Mr. PUT- H.R. 4181: Mr. BOEHLERT, Mr. ISAKSON, Mr. H. Res. 598: Mr. BALLANCE, Mr. BARTLETT NAM, Mr. MEEHAN, Ms. CARSON of Indiana, BAKER, Mr. WOLF, Mr. KIRK, Mr. MCCOTTER, of Maryland, Mr. BEREUTER, Mr. BONILLA, Mr. ACEVEDO-VILA, and Mr. MICHAUD. Mr. NUSSLE, Mrs. BIGGERT, Mr. STEARNS, Mr. Mr. BURGESS, Mr. CARTER, Mr. COSTELLO, Mr. H.R. 2318: Mr. JEFFERSON. FOSSELLA, Mr. DEMINT, Mr. JOHNSON of Illi- CRENSHAW, Mrs. JO ANN DAVIS of Virginia,

VerDate jul 14 2003 01:59 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\L27AP7.100 H27PT1 April 27, 2004 CONGRESSIONAL RECORD — HOUSE H2407 Mr. EVERETT, Mr. GONZALEZ, Mr. ISSA, Mr. TOR, Mr. WILSON of South Carolina, Mr. DELETIONS OF SPONSORS FROM JONES of North Carolina, Mrs. KELLY, Mr. PENCE, Mr. DAVIS of Tennessee, Mr. MCINNIS, PUBLIC BILLS AND RESOLUTIONS LEWIS of California, Mr. LEWIS of Kentucky, Mr. COOPER, Mr. LANGEVIN, Mr. TURNER of Mr. MORAN of Kansas, Mr. OTTER, Mr. POM- Texas, Mr. GORDON, Mr. MOORE, Mr. HILL, Under clause 7 of rule XII, sponsors EROY, Mr. RODRIGUEZ, Ms. LORETTA SANCHEZ Mr. KILDEE, Mr. THOMPSON of California, and were deleted from public bills and reso- Ms. ESHOO. of California, Mr. SAXTON, Mr. SCHROCK, Mr. lutions as follows: SIMPSON, Mr. SYNDER, Mrs. BLACKBURN, Mr. H. Res. 603: Mr. HASTINGS of Florida. ROSS, Mr. KIRK, Mr. ORTIZ, Mr. WALDEN of H. Res. 605: Mr. SESSIONS, Ms. HART, Mr. H.R. 195: Ms. BERKLEY. Oregon, Mrs. MYRICK, Mr. FEENEY, Mr. CAN- EMANUEL, Mr. BAKER, and Mr. DOYLE.

VerDate jul 14 2003 01:59 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A27AP7.024 H27PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, SECOND SESSION

Vol. 150 WASHINGTON, TUESDAY, APRIL 27, 2004 No. 55 Senate The Senate met at 9:45 a.m. and was to the Senate from the President pro I stated yesterday that it is my de- called to order by the Honorable SAXBY tempore (Mr. STEVENS). sire to consider the Internet access tax CHAMBLISS, a Senator from the State of The legislative clerk read the fol- bill over the course of the next few Georgia. lowing letter: days and to complete the bill prior to The PRESIDING OFFICER. Our U.S. SENATE, the end of the week. Hopefully, we can guest Chaplain today is the Rev. Neil PRESIDENT PRO TEMPORE, make progress today. Senators are en- D. Smith, of Faith Evangelical Pres- Washington, DC, April 27, 2004. couraged to notify the managers of the byterian Church in Kingstown, VA, To the Senate: bill if they intend to offer amendments who will lead the Senate in prayer. Under the provisions of rule I, paragraph 3, to the bill. of the Standing Rules of the Senate, I hereby I also remind my colleagues that the PRAYER appoint the Honorable SAXBY CHAMBLISS, a Senator from the State of Georgia, to per- Senate will recess from 12:45 p.m. until The guest Chaplain offered the fol- form the duties of the Chair. 2:15 p.m. today for the weekly policy lowing prayer: TED STEVENS, lunches. Let us pray. President pro tempore. I yield the floor. Almighty God, from Whom all bless- Mr. CHAMBLISS thereupon assumed f ings flow and to Whom all praise be- the chair as Acting President pro tem- longs: pore. May Your blessing rest on this Sen- RECOGNITION OF THE ACTING ate and on this Nation, not because we f MINORITY LEADER deserve Your blessing but because we RECOGNITION OF THE MAJORITY The ACTING PRESIDENT pro tem- need it. LEADER pore. The Senator from Nevada is rec- Deliver us, we pray, from the tyr- The ACTING PRESIDENT pro tem- ognized. anny of the expedient, that we might pore. The majority leader is recog- f always seek to do what is right, wheth- nized. er or not it is politically advantageous ORDER OF PROCEDURE in the moment. f Deliver us from evil, and from the SCHEDULE Mr. REID. Mr. President, the two leaders have some business to transact. evil acts and intentions of those who Mr. FRIST. Mr. President, this morn- oppose the values of faith and freedom I ask unanimous consent that when the ing, we will have a period of morning Chair announces morning business, on we cherish in this Nation. business for up to 60 minutes. The first our side Senator BOXER be given the Grant to the men and women of this 30 minutes of that time will be under first 5 minutes; Senator DURBIN the Senate wisdom, grace, and courage for the control of the Democratic leader, next 5 minutes; Senator WYDEN, 10 the living of these days. May Your and the second 30 minutes will be con- grace abound to them so that, in all minutes; Senator LEAHY, 10 minutes. I trolled by this side of the aisle. Fol- ask unanimous consent that, as the things at all times, having all that lowing morning business, the Senate they need, they may abound in every leader just indicated, the morning busi- will resume consideration of the mo- ness time be a full 30 minutes on each good work, to the glory of Your Holy tion to proceed to S. 150, a bill relating Name. Amen. side, taking into consideration the fact to the taxation of Internet access. that the Democratic leader and, per- f Last night, the Senate invoked clo- haps, the Republican leader will give PLEDGE OF ALLEGIANCE ture on the motion to proceed by a statements to the Senate under their vote of 74 to 11. Under the agreement The Honorable SAXBY CHAMBLISS led leader time—so a full 30 minutes on reached following that vote, there will the Pledge of Allegiance, as follows: each side. be an additional 2 hours 40 minutes re- The ACTING PRESIDENT pro tem- I pledge allegiance to the Flag of the maining for debate on the motion. Fol- United States of America, and to the Repub- pore. Without objection, it is so or- lic for which it stands, one nation under God, lowing that debate, the motion will be dered. indivisible, with liberty and justice for all. agreed to, and the Senate will begin f f consideration of the Internet tax legis- lation. No vote will be necessary on APPOINTMENT OF ACTING proceeding. However, votes are ex- RESERVATION OF LEADER TIME PRESIDENT PRO TEMPORE pected today in relation to amend- The ACTING PRESIDENT pro tem- The PRESIDING OFFICER. The ments that may be offered to the un- pore. Under the previous order, the clerk will please read a communication derlying bill. leadership time is reserved.

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

S4383

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VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4384 CONGRESSIONAL RECORD — SENATE April 27, 2004 MORNING BUSINESS ficult to pin down. We know the Gen- on the health care task force meetings? The ACTING PRESIDENT pro tem- eral Accounting Office, which tried to Well, they were sued. And HILLARY pore. Under the previous order, there force the Vice President to reveal who CLINTON, now Senator CLINTON, said: will be a period for the transaction of was at the meetings, spent over $300,000 OK, OK. Let’s not go to court. I will re- morning business for up to 60 minutes, in legal fees to fight DICK CHENEY’s veal this information. with the first half of the time under stonewalling. From my office’s re- But not this administration, not DICK the control of the Democratic leader or search, we believe attorneys from Jus- CHENEY. He has a lot of time to bash his designee and the second half of the tice and the Office of Solicitor General Senator JOHN KERRY, but he doesn’t time under the control of the majority have spent thousands of work hours have time to open up the files and show leader or his designee. preparing these documents. the people who sat in on those meet- The Senator from California is recog- Let me show a chart on what other ings that led to the formulation of the nized for 5 minutes. things these persons could be doing national energy policy. It is remark- other than keeping the meetings that able—someone who didn’t serve 1 f the Vice President had secreted from minute, 1 hour in the military is tak- RELEASE OF ENERGY TASK the people. They could have been fight- ing on a war hero, JOHN KERRY. But he FORCE RECORDS ing terrorism by seeking and freezing doesn’t have time to pay attention to assets of terrorist groups such as this issue on which the New York Mrs. BOXER. Mr. President, I stand Hamas. They could have been pros- Times editorialized today and said: here today to call on Vice President ecuting Medicare fraud. They could [The Cheney] case also raises more sub- DICK CHENEY to immediately open his have been prosecuting drug companies stantive issues about the degree to which a records of his secret energy task force that falsify data for FDA drug ap- vice president can claim to be above the law. meetings and tell the American people proval. They could have been pros- This is a sad day. We already know the truth about who attended those ecuting corporations that violate con- because the Vice President admitted meetings. sumer safety laws with toxic products. that Ken Lay attended those secret The administration needs to stop All those things are in the public inter- meetings. Yes, he did. Ken Lay, the fighting this wasteful lawsuit. It has est. man we are hoping will wind up in pris- cost hundreds of thousands, if not mil- But, no, this Vice President says to on for defrauding the people of Cali- lions of dollars, that belong to the tax- these people who work hard every day: fornia and the people of the west coast payers. And it has consumed an enor- Just forget about this. We know we of billions of dollars. We know he was mous amount of time with the Justice said a lot about cracking down on ter- in the meeting. We also know he hand- Department and other agencies. Today rorism, money laundering. We said a ed the Vice President a document that the case is to be heard across the street lot about cracking down on Medicare said: Don’t take any action in Cali- at the Supreme Court. fraud and drug company fraud and cor- fornia. It is not too late for the Vice Presi- porations that violate consumer safety I call on the Vice President, tell the dent to come clean. Just tell the Amer- laws with toxic products. Just forget truth. Cut it out. Walk away from this ican people who attended the secret it. Defend me. I am so important. I am case and let the people know with meetings he held before he issued his the Vice President and the people have whom you met. energy policy which took the form of no right to know with whom I meet. The ACTING PRESIDENT pro tem- this very expensive, beautiful-colored It is outrageous. I want the Justice pore. Under the previous order, the brochure which has, for example, this Department to go after criminals, not Senator from Illinois is recognized for 5 picture of ‘‘Energy for a New Century,’’ to keep meetings secret that should be minutes. and it shows an oil rig in the ocean. By made public. f the way, that is not exactly the energy The Supreme Court has other things of the future. to do as well. They defend our way of ATTACK ON JOHN KERRY’S The time has come for the Vice life, our civil liberties, our human MILITARY SERVICE President to stop the stonewalling. rights. For this court to spend its time Mr. DURBIN. Mr. President, over 35 Simply tell the truth. Who did he meet listening to Mr. CHENEY defend his se- years ago, JOHN KERRY faced his en- with in preparing our Nation’s energy crecy pulls it away from other impor- emies in Vietnam. There were enemies plan? tant issues it could address. It is a there who were involved in sniper fire First, the American people have the waste of the Court’s time. It is a waste against JOHN KERRY, trying to take his right to know. The last I checked, this of money. life and kill him because he wore the country was a free country. It is a I ask unanimous consent for an addi- uniform of the United States of Amer- country where there is access to infor- tional 2 minutes and ask that Senator ica. Sadly, the Vietnam snipers are mation for the people. We pay the sala- DURBIN have an additional 2 minutes as still trying to cause damage to JOHN ries of our President, our Vice Presi- well. KERRY. dent, our Senators, our House Mem- Mr. REID. Mr. President, we ask The new Vietnam snipers come from bers. Unless it is a question of the unanimous consent that the majority the Bush-Cheney campaign: Karen highest national security, the people have an additional 2 minutes as well, a Hughes, sadly the Vice President, and have a right to know how their money total of 2 extra minutes. other campaign operatives who are now is being spent or misspent. Why does The ACTING PRESIDENT pro tem- attacking JOHN KERRY because he the administration continue to hide pore. Without objection, the Senator is served our country. He wore the uni- the truth about how its energy policy recognized for an additional 2 minutes. form of the United States of America. was formed? It is not necessary to be Mrs. BOXER. Two Federal judges He volunteered and put his life on the secretive. It is wrong. The public needs have already found that the adminis- line in Vietnam. to know how public policies are formu- tration has violated the Freedom of In- This shameless exercise by the Bush- lated. formation Act. Openness is an Amer- Cheney campaign must be called for To know that, they need to know ican value. In the end, openness is a what it is. Many of us did not serve in who was sitting at the table when this way of life. Do you remember how the military, even those of us in the national energy policy was put to- Condi Rice was not going to testify be- Vietnam era. We did not volunteer for gether. Who was there? Was it a broad cause the President said that she only service as JOHN KERRY did. We didn’t array of citizens from all sides of the reports to him and what she tells him wear the uniform of our country proud- issue—consumers, environmentalists, is secret? Well, they caved on that one. ly as he did. We did not risk our lives. people from the oil companies, the gas They caved on that one because that is Included in this group is Vice President companies, the nuclear industry—or not in the public interest, and the peo- CHENEY, who used his deferments to was it just one set of people? ple wouldn’t stand for it. avoid military service, as he was le- Second, it is time to stop wasting Do you remember when First Lady gally allowed to do. Yet we now hear taxpayers’ money. The cost of that HILLARY CLINTON said she believed she Vice President CHENEY leading the at- lawsuit across the street is very dif- didn’t have to reveal who was sitting in tack against JOHN KERRY, a man who

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2004 CONGRESSIONAL RECORD — SENATE S4385 volunteered, risked his life, and re- speak at Westminster College about try. A prime example was ExxonMobil, ceived awards from this country for his foreign policy issues in Iraq. Instead, which last year announced an all-time heroism. he went on the attack on JOHN KERRY record earnings of $21.5 billion. That is This is an outrageous campaign tac- and his patriotism and defense of not just the highest earnings ever re- tic by the Bush-Cheney campaign. The America. It was such an embarrassing corded by an oil company; that is the Republican attack machine on JOHN moment that, when he left, the presi- highest by any company in history. KERRY has, frankly, criticized him for dent of Westminster College e-mailed Again, I want it understood that I his two tours of duty in Vietnam. Ap- the students, staff, and faculty basi- like to see our companies make profits. parently, that was not enough. The cally apologizing for what Vice Presi- I like it when their stock prices are fact that JOHN KERRY earned a Silver dent CHENEY had said there. high. What I don’t like is when the con- Star, a Bronze Star, and three Purple Vice President CHENEY should know sumer has to subsidize anti-competi- Hearts wasn’t good enough for these better. He should know that JOHN tive practices that are detrimental to Bush-Cheney campaign operatives who KERRY served our country and served it their interests. That has certainly been never miss a chance to attack JOHN with distinction and honor. While Vice the case with respect to refineries, KERRY for his military record. President CHENEY did not serve in the when an oil company gets an actual Thank goodness, Senators of the military, JOHN KERRY did. It is time to subsidy from the Federal taxpayers for stature of JOHN MCCAIN have stood up end this shameful Bush-Cheney cam- shutting down a profitable refinery by to defend his fellow Vietnam veteran, paign tactic and to recognize the obvi- deducting the cost of the shutdown JOHN KERRY. They have said that ous: JOHN KERRY led men into battle. from their taxes. JOHN’S service is clear and unequivo- He defended America. As President of This matter has special implications cal. He risked his life for America. I the United States, he will do exactly out in the West. I see my friend from have met men who were in his crew, the same. Nevada on the floor. He made an excel- those who travel with him in his cam- I yield the floor. lent presentation with respect to how paign, his so-called ‘‘band of brothers.’’ The ACTING PRESIDENT pro tem- his State is affected by gasoline prices. They are in their late fifties and early pore. The Senator from Oregon is rec- All of us in the West are going to be sixties. They give up what they are ognized for 10 minutes. hit, and hit very hard, by Shell’s deci- doing to join JOHN MCCAIN on the cam- f sion to close its Bakersfield refinery. paign trail. They tell the story. They OIL COMPANY INCENTIVES In that instance, there seems to be no tell the story of a young Navy lieuten- Mr. WYDEN. Mr. President, most evidence that Shell has gone out and ant volunteering to serve this country, American companies make their profit aggressively tried to find a buyer. literally risking his life for those in his by selling the best product at the best Independent analysts have made it crew. They join him on the campaign price. But too often in the oil industry clear there is a substantial amount of trail, saying they are prepared to fol- it just doesn’t seem to work that way. oil in the area. I will tell you, for those low him into battle again. For example, oil companies can even of us in the West, looking at that refin- But listen to what is coming from get a subsidy from the Federal tax- ery closure in Bakersfield, that deal the other side. To think that those who payers for shutting down a profitable smells. It just doesn’t add up to have a did not serve in the military are now oil refinery by deducting the cost of profitable refinery going down at a criticizing JOHN KERRY for his war that shutdown from their taxes. time when the company doesn’t look as record is reprehensible. It is time to I come to the floor today because I if it is moving aggressively to find a put the cards on the table. JOHN KERRY hope Congress will put a stop to the buyer. There is oil in the area and, as not only has nothing to apologize for perverse incentives that reward oil I have pointed out, the taxpayer sub- when it comes to his military record, companies when they reduce the supply sidizes the closures of these profitable he can be very proud of that. For those of gasoline and gouge our consumers at refineries. Yet the Federal Trade Com- who say when he came back after the the pump. In my view, the Tax Code mission has refused to act. war and was critical of our Vietnam simply should not reward companies I hope to be on the floor very shortly policy, somehow that was wrong, once that shut down a refinery to reduce the with a bipartisan effort to address the again, listen to Senator JOHN MCCAIN, supply and drive up the price of gaso- anti-consumer practices. At a min- a man who not only served in the U.S. line. My own view is that Congress imum, let us not have the taxpayers of Navy as well but was a prisoner of war. ought to be providing incentives to oil America subsidizing anti-competitive JOHN MCCAIN came forward and said companies that increase their produc- practices in the oil industry, such as JOHN KERRY had every right to make tion, as long as they comply with the the shutdown of profitable refineries. the statements after the war about his applicable environmental law. Mr. REID. Will the Senator yield for disagreement with our foreign policy. I think we are all pleased when we a question? What we face today is incredible— see corporate profits go up, and we are Mr. WYDEN. I will be happy to yield. that the Bush-Cheney campaign is all pleased when the stocks of those Mr. REID. Last week, I gave a speech going to attack a decorated Vietnam companies go up as well. But what I am about what is going on in Nevada. In war veteran, raise questions as to troubled about with respect to what is Nevada, we have gas prices now ap- whether he was deserving of a Purple going on in the oil industry—and we proaching $2.50 a gallon. If someone Heart. How could they stoop so low? are going to see profits up again this wants to put 4 gallons of gas in a vehi- How could they do this when so many week, and I gather some have already cle, they have to bring a $10 bill with other men and women who have served been announced—is that too often our them to do that. our country, who have been wounded in consumers are getting hosed. I ask my friend his comments on battle and received Purple Hearts, have I have been traveling about Oregon this: Senator ENSIGN and I asked the given all we could ever ask of an Amer- over the last few weeks. I have watched Federal Trade Commission to take a ican citizen? And now to disparage as gasoline prices hit over $2 per gallon look at what was going on in Nevada. JOHN KERRY and say that perhaps he in some towns. In Eugene, Springfield, They took a look and came back and doesn’t deserve all of the recognition Medford, and Ashland—a number of our said: We can’t tell you why the price is he has been given for his service in communities—the average price has that high. It is unusual, is what they Vietnam is about as low as it gets. been $2.06 per gallon. Each penny of said. It is unusual and they could not I have listened to these comments, that cost is coming out of the pockets determine why gas prices were that and I am particularly disturbed that of working Oregonians. It is, of course, high. Vice President DICK CHENEY has been helping to increase oil company prof- Does the Senator agree, with the the author of so many of these com- its. What I am troubled about is that prices going haywire as they are, and ments as well. Yesterday he was at the taxpayers at the same time are the consumer being hit very hard, espe- Westminster College in Fulton, MO. He subsidizing practices that are detri- cially in the western part of the United was supposed to give a speech on the mental to their interests. States, that the Federal Trade Com- foreign policy of the United States. There has clearly been a pattern of mission should do something more ag- Vice President CHENEY was supposed to extraordinary profits in the oil indus- gressively than what they have done?

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4386 CONGRESSIONAL RECORD — SENATE April 27, 2004 Mr. WYDEN. The Senator from Ne- If ever there were an administration bility to determine when a teacher is vada is correct. The fact is the Federal that had earned some chips with the highly qualified. In addition, it an- Trade Commission is AWOL on this Saudis, given all that our country has nounced it is giving teachers in rural issue. It has sent letters to all of us in done, this is an administration that school districts an extra year, until the West saying they are concerned has done so. I think the points made by 2007, to show they are qualified in all of about the issue, but they have not been the Senator from Nevada are extremely their subjects. aggressive in standing up for the con- important. These are all important changes. The sumer. Mr. President, I believe my time has extra year for teachers in rural dis- I pointed out today that the oil com- expired. I yield the floor. tricts to meet the new standards is es- panies ought to be rewarded financially The ACTING PRESIDENT pro tem- pecially important to rural States such when they take actions that benefit pore. The Democratic leader. as mine which have a harder time at- the consumer, not when they gouge the Mr. DASCHLE. Mr. President, I will tracting and keeping good teachers. I consumer. The consumers today are, in use my leader time. commend the administration for its effect, getting fleeced from this unfair f newfound willingness to try to address subsidy that is in the Tax Code when a NO CHILD LEFT BEHIND some of the real problems. profitable refinery goes down. None of us who voted for No Child Mr. DASCHLE. Mr. President, I wish The Senator from Nevada is abso- Left Behind ever intended for the Fed- to talk this morning about the ambi- lutely correct. The Federal Trade Com- eral Government to dictate to local tious education reforms the President mission, in my view, is just going communities exactly what they should signed into law just 2 years ago. We all through the motions. I think they hope teach their children and how they recall 2 years ago when President Bush somehow this issue is going to pass. All should test them. It was never the in- signed the No Child Left Behind Act. of us in the West—a part of the country tention of Congress to strangle local We also know it requires States to set where there is a very tight supply situ- high standards for all students and decisionmaking and creativity with ation—understand this problem is not place a well-qualified teacher in every Federal redtape. It is important the Department of going away. I intend to join with the classroom and holds schools respon- Education continue to listen. It is Senator from Nevada in trying to put sible for results. In exchange, it prom- counterproductive when the education the heat on the Federal Trade Commis- ises schools they will have the re- sion. sources to meet the new standards and Secretary labels as ‘‘terrorists’’ people Mr. REID. Mr. President, I would like to make the law work. who raise questions about the way the to ask the Senator one more question. When the President signed it, No law is being implemented. The Senator heard the remarks of the Child Left Behind enjoyed over- It may be, and certainly in this case Senator from California saying that whelming bipartisan support in Con- if it is going to be successful, that No the Bush administration was actually gress. It also had strong public support. Child Left Behind requires something doing nothing to look at the prices. In Unfortunately, when implementing the we have not seen enough of: a com- fact, the administration is in the Su- law, the administration has often acted mitted partnership. It is the most com- preme Court today trying to keep se- in a heavy-handed manner, and it has prehensive overhaul of our Nation’s cret its dealings with big oil. failed to provide schools the resources education laws in a generation. Making The Senator would acknowledge that they need to make sure every child is adjustments is not admitting defeat; it this administration, the President, and given the opportunity to learn. As a re- is a necessary part of making this am- Vice President made their living—cer- sult, there is now a growing backlash bitious law work. But some of the most tainly part of their wealth they have against No Child Left Behind. serious concerns being expressed about accumulated—dealing with oil compa- This is not a partisan issue. A good No Child Left Behind cannot be fixed nies. deal of criticism is coming from Repub- simply by rewriting legislation or the Does the Senator from Oregon ac- lican lawmakers. In Utah, the Repub- regulations. knowledge that the President has the lican-controlled House of Representa- Since he signed No Child Left Behind bully pulpit and can certainly ask our tives voted 64 to 8 not to comply with into law, President Bush sent Congress so-called friends, Saudi Arabia and any requirements in the No Child Left three proposed budgets. When you add other countries, to stop cutting back Behind Act that are not paid for by the all three of his budget proposals to- the supply of oil but increase the sup- Federal Government. In Virginia, the gether, the President has recommended ply of oil? Would that not also help, I Republican-controlled House of Dele- underfunding No Child Left Behind by repeat, the President putting whatever gates voted 98 to 1 to ask Congress to a staggering $26.5 billion. pressure he has—and that is signifi- exempt it from the new law. According The President’s proposed budget for cant—to tell the Saudis to start giving to the National Conference of State next year contains $9.4 billion less for us more oil? Legislatures, 23 States have now lodged the act than the law promises. More Mr. WYDEN. I agree fully with the formal complaints against No Child than $7 billion of that shortfall is in Senator from Nevada. In fact, I sub- Left Behind. title I, the very program that is most mitted a resolution urging the Presi- One reason for the erosion of support critical to closing the achievement gap dent do that. In fact, my resolution is the initial difficulty many school for minority students, poor children, mirrors the resolution that was drafted districts had getting answers from the and children who do not speak English. by our former colleagues, Spence Abra- Department of Education on how the The President’s education budget does ham and John Ashcroft, that passed in law would work. It took the Depart- not leave no child behind; it leaves 4.6 2000 when President Clinton was faced ment a long time to issue its regula- million children behind. The alter- with the same kind of situation. tions, and when the rules were finally native budget proposed by our Repub- I am very hopeful that the Senate announced, many educators considered lican colleagues in the Senate is much will take up that resolution and do ex- them overly rigid. better. It underfunds No Child Left Be- actly as the Senator from Nevada has Fortunately, the administration has hind by $8.6 billion. said. begun to address some of these con- The reason we are underfunding edu- I also point out that it was very cerns. In recent months, the Depart- cation is clear: The administration and striking, even before this debate about ment of Education has announced congressional leadership would rather Mr. Woodward’s book, that the Saudi changes in the testing requirements for take more of these resources for tax Foreign Minister said recently when students with serious disabilities and breaks to the very wealthy than keep they cut production—and he was for children who speak English as a the promise we made when we passed quoted on the news services saying second language. It has announced it is No Child Left Behind. that he was not even contacted by the giving schools more leeway to meet the The repeated refusal to adequately Bush administration. He heard that the requirement that 95 percent of all stu- fund education is hurting schools and Bush administration was disappointed dents be tested. not just in big cities. from the press, but he was not even Last month, the Department an- In my State, schools in small towns contacted by the Bush administration. nounced it is giving States more flexi- and rural communities are stretched

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2004 CONGRESSIONAL RECORD — SENATE S4387 thin because of their shrinking tax that existed 2 years ago. To do that, we tion of fossil fuels; No. 2, tax incentives bases and high transportation and must fund the law. for renewable fuels, wind energy, eth- other costs. They cannot afford any The Federal Government needs to anol, biodiesel, biomass; and tax incen- more unfunded mandates from Wash- keep its end of the agreement. Words tives for conservation, such as fuel cell ington. alone are not enough. Real reform re- cars. They need help attracting and keep- quires real resources. So when we have an effort to bring a ing good teachers. I yield the floor. national energy policy before this Con- They need help to keep up with ad- The ACTING PRESIDENT pro tem- gress, and it is defeated by a filibuster vances in technology. pore. The Senator from Iowa. that only 13 out of 49 Democrats would I talk to teachers and principals in Mr. GRASSLEY. How much time re- support, then it seems to me very South Dakota all the time who tell me, mains for morning business on our wrong for people on the other side of ‘‘We’re not afraid of accountability. We side? the aisle to be complaining about the welcome high standards; we know we The ACTING PRESIDENT pro tem- high price of gasoline. can meet them. Please, just don’t set pore. Thirty-two minutes. Now, it is all right to complain about us up to fail.’’ f the high price of gasoline because I do Last month, during the Senate de- NATIONAL ENERGY POLICY every time I go to fill up my car, but bate on the budget resolution, we of- on the other hand, it is one thing to fered an amendment sponsored by Sen- Mr. GRASSLEY. Mr. President, I rise complain about it and not do anything ator TED KENNEDY and Senator PATTY to address the issue of prescription about it. What we need to do is join MURRAY to fully fund No Child Left Be- drugs as part of Medicare, a new provi- forces to get this national energy bill hind. Our amendment would have pro- sion dealing with Medicare, but before passed. It would help if we could get vided exactly what Democrats and Re- I do I will comment on the two issues two more Democrats to help us defeat publicans agreed was needed to make that have been brought up by Demo- that filibuster. cratic Members of the Senate. I only do the law work when we passed it 2 years f ago. that because I think it is appropriate Regrettably, Republicans defeated people know that there are two sides to EDUCATION FUNDING our amendment. every story—maybe five sides but at Mr. GRASSLEY. As to the issue of But this is not over. There are still least two in the Senate. education, all I can point out is that months to go before Congress passes a I do not find fault with my Demo- this President has always had edu- final budget. At every opportunity, we cratic friends for bringing issues to the cation very high on his agenda. Except are going to continue to press for full Senate floor, but in the case of the for September 11 and the war that we funding of No Child Left Behind. We high cost of gasoline as an example, are now involved in, education would will also press for the Federal Govern- which the Senator from Oregon was be No. 1 on this President’s agenda. But ment to honor its commitment to talking about, all I can say is we had a because of the war, we are in a budget shoulder 40 percent of the cost of spe- national energy policy before the Sen- situation now where we are having 10- cial education. ate. It passed the House last year; it percent increases for homeland secu- Accountability in education is essen- passed the Senate last year. We spent a rity, 7-percent increases for defense be- tial. But accountability has to work couple of months in conference and cause of the war, and we are having 3- both ways. Congress cannot pass the worked out a very good compromise. It percent increases for education. Now, most sweeping education reforms in a passed the House of Representatives by that may be, as the distinguished generation and then refuse, year after a wide margin. Exactly how much I do Democratic leader said, the smallest year, to pay for them. The reforms in not recall. Then it came to the Senate increase in education for years, but No Child Left Behind are the right re- and we were faced with a filibuster. this 3-percent increase in education is forms for our children’s schools. But In that filibuster cloture vote, we got far higher than anything else in the do- they will not work if we refuse to fund 58 votes. It obviously takes 60 votes to mestic budget that the President pro- them. stop a filibuster. Out of those 58 votes, posed to the Congress of the United I recently received a letter from an we only had 13 out of 49 Democrats States because every other domestic elementary-school student in South vote to break that filibuster. So there program in that budget is going to be Dakota. Because of budget shortfalls, are another 36 Democrats that if they increased nine-tenths of 1 percent. her school district is considering merg- want to help us reduce the cost of en- So when we are involved in war, ing with another district. ergy, I would beg them to tell our lead- whether it is the 21st century war on She wrote, ‘‘Even though we are just er that they are prepared to break that terrorism or whether it is the 20th cen- two small towns in South Dakota, the filibuster. The leader filed a motion to tury war on fascism, World War II, this Burke school means very much to me.’’ reconsider. We could bring that up country puts all of its efforts behind Then she added, ‘‘I know that NASA again and within 2 minutes we would the men and women who are on the is trying to help mankind, but right have a national energy policy that front line, giving them all of the re- now, my school needs that $3 trillion would send a clear signal to OPEC that sources they need to win that war be- more! . . . I’m in the fifth grade. . . . we have our energy house in order in cause we only go to war if we go to war The school means very much to me, so this country, and hopefully let them to win. This President has done that. please HURRY.’’ know they are not going to have an But, after taking care of our respon- Budgets are statements of our prior- economic stranglehold on our economy sibilities to the men and women on the ities and values. as they evidently think they have by battlefield, this President has always Before we vote to spend trillions of reducing their production of oil by 4 had education at the top of his agenda. dollars to make permanent the Presi- percent as they did a month ago. With the way this year’s budget treats dent’s tax breaks for the very wealthi- Why would we not expect the OPEC education compared to every other do- est Americans, and before we spend nations to take advantage of a divided mestic program, and only third to hundreds of billions more to send a per- Congress when we all know, with the homeland security and the war, this son to Mars, we need to fund our chil- energy blackout in the Northeast last President is keeping his commitment dren’s schools. August and with $2 gasoline right now to education. In his first budget address to Con- in the United States, that this country f gress, President Bush said, ‘‘The high- ought to be doing everything it can to est percentage increase in our budget solve its energy problem? MEDICARE PRESCRIPTION DRUG should go to our children’s education.’’ The national energy policy we had PROGRAM Yet, the President’s proposed budget before Congress last fall that there was Mr. GRASSLEY. Now I would like to for next year includes the smallest in- a Democrat filibuster against would be address the issue of the Medicare pre- crease for education in 9 years. a solution because it emphasizes in a scription drug program, because on We must restore the broad, bipar- very balanced way three things: One, January 1, the seniors of America are tisan support for No Child Left Behind tax incentives for the enhanced produc- going to make a voluntary decision

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4388 CONGRESSIONAL RECORD — SENATE April 27, 2004 whether they want to take advantage scription drugs. They can continue to ance Information Program. That pro- of this new program, and January 1 use that until it has run out, between gram in my State of Iowa, and I as- would be the opportunity to take ad- now and December 31. sume in most States, will give people vantage of the interim program for the If they have some money left over on one-on-one consultation about how to years 2004 and 2005, before the perma- that card on December 31, 2004, that compare the benefits of the prescrip- nent insurance program on prescrip- can carry over until year 2005, and they tion drug program with what their tion drugs kicks in November 15, 2005. can get an additional $600 in the year health care needs are and what their It was just under 5 months ago that 2005. If they didn’t have that full $1,200 income happens to be. Those are all the President signed this Medicare Pre- used by December 1, 2005, it can carry private matters that our constituents scription Drug Improvement and Mod- over until 2006, until it is all used and are not going to want to make public. ernization Act. It was the first they take full advantage of the insur- So they have the benefit of the SHIIP strengthening of Medicare in its 30- ance program that is going into effect employees and volunteers working year history. Next Monday, then, bene- at that particular time. with them to help them work through ficiaries can begin enrolling in the Also, let me make it very clear that which program might be best for them. Medicare-approved drug discount card, if there are two in the family who Then, of course, we have the AARP, the first stage of what I call the tem- would qualify for the $600, then that which is an organization, I tell Iowa porary program of the new comprehen- family would get $1,200 in 2004, and an constituents, that deserves great ben- sive Medicare Modernization Act. The additional $1,200 in 2005, until it is used efit for bringing about the bipartisan- cards go into effect June 1 and will then, either in 2005 or carried over to ship in the Senate that it took to get offer seniors much needed discounts 2006. this legislation passed and signed by and information on brand name and ge- I should probably use a lot of exam- the President. neric prescription drugs. ples but I just want to use one example Without the AARP we would not Medicare beneficiaries who choose to of a woman enrolled in Medicare in Wa- have a prescription drug program for enroll in the voluntary discount card terloo, IA, near my farm. If she had an seniors. The AARP has attended a lot will have choices. I emphasize, this is income of $12,000 a year and she needed of my meetings. I have not heard one not something the seniors of America to fill a prescription for Celebrex, the criticism of the AARP at any of my 36 have to do. This is a voluntary pro- retail price for 30 tablets would be town meetings. The AARP representa- gram. Not only is it voluntary whether $86.28. This woman from Waterloo, IA, tive has been present to tell how that you join the program, but the seniors would save nearly $22 a month off the organization can help people get infor- will have choices within their vol- retail price and be able to draw down mation about this new prescription untary decision to join, because there some of her $600 in assistance to pay drug program. The AARP probably has are 38 sponsors offering cards to Medi- for the discounted prescription that the best layperson’s explanation of this care beneficiaries nationwide, with lady needs. The $600 credit in conjunc- legislation that is available. I hand some sponsors offering more than one tion with the discount card will give those out at my town meetings as well. card. More than 40 Medicare advantage these most vulnerable low-income citi- I commend the Center for Medicare plans—the Medicare+Choice, or let’s zens immediate help in purchasing pre- Services for their help in this area. I say the Medicare HMOs, as some people scription drugs that they otherwise, would like to say what their help has know it—offer Medicare beneficiaries maybe, would not be able to afford or been beyond what I have just said. additional coverage. They will offer ex- maybe would have to make a very dif- They helped develop an Internet- clusive cards to their members. ficult choice between buying food or based tool that will help seniors learn There also will be regional cards of- buying prescription drugs. We hope more about the available discount card fered to certain beneficiaries, such as this eases that choice which some sen- options. By using this tool, which will those in nursing homes throughout our iors and disabled people in America be up and running yet this week, bene- country. must make today. ficiaries will be able to compare the Under the drug discount card, bene- We expect more than 7 million bene- particular drugs and prices offered by ficiaries will save 10 percent to 25 per- ficiaries to enroll in this program. senior sponsors. The Internet site can cent off the retail prices that they paid Nearly 5 million low-income bene- even tell them whether their neighbor- before they had a Medicare-endorsed ficiaries are expected to apply for this hood pharmacy participates in a par- discount card. In fact, a study recently $600 of assistance—$600 in 2004 and $600 ticular card. But we know that not all in Health Affairs, a peer-reviewed jour- in 2005; husband and wife qualifying, beneficiaries feel comfortable using the nal of health policy, estimates that if that will be $1,200 in 2004 and $1,200 in Internet. Those who don’t can call 1– seniors who currently lack prescription 2005. 800–Medicare and ask for information drug coverage enroll in a Medicare-ap- What we need to do now is to con- about the card being sent to them. proved drug discount program, they tinue to let people know about the The Center for Medicare Services can expect to reduce their out-of-pock- availability of the card and to help also has taken important steps to et drug spending by approximately 17.4 them get information to make enroll- streamline the enrollment process by percent. ment decisions to sign up for the $600 having the standard enrollment form There is still more good news. One of in additional assistance. and allowing States under certain cir- the most important parts of this drug I commend the Center for Medicare cumstances to enroll low-income Medi- bill is the nearly immediate help to Services’ staff for their work in this care beneficiaries into this card pro- very low income Medicare bene- area. They are doing much to help peo- gram. This will make it easier for low- ficiaries, people who do not have pre- ple understand this situation. income beneficiaries in States with scription drug coverage and who do not If I were going to summarize before I pharmacy assistance programs to get qualify for Medicaid. go into it, I could say, as I did in my 36 the additional $600. Low-income beneficiaries—and that town meetings in Iowa that I have held The card sponsors will also be closely would be generally those with incomes since January to acquaint Iowans with monitored by CMS to ensure that they under 135 percent of poverty—are this new prescription drug program, are playing by the rules and not cheat- helped in two ways. They get a dis- that I provided four sources of informa- ing anybody. CMS will track any counted price and they get up to $600 tion. One would be if they want to con- changes made in the drug prices and annually in 2004 and 2005 to help buy tact any congressional office, including complaints received by their 1–800– drugs they need at the pharmacy. The mine, I think they would find that as a Medicare number or other sources. beneficiaries would get access to the source of information. No. 2 would be They will also ‘‘mystery shop’’ to make $600 in assistance through the Medi- the 1–800 Medicare toll-free number to sure the sponsors are not falsely adver- care-endorsed discount card. The card which I will soon refer. Also, I had the tising. They will be on the lookout out will be just like a debit card. When the benefit of having personnel from the for scam artists who claim to be offer- card is presented to your pharmacy, federally financed but State-insurance- ing an approved card. While I am con- the beneficiaries are able to draw down department-administered program fident that most card sponsors will do from the $600 and purchase their pre- called SHIIP, the Senior Health Insur- the right thing, I am very pleased that

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2004 CONGRESSIONAL RECORD — SENATE S4389 CMS will be dedicating resources to plicable government bureaucratic ac- wrong, I agree, but these accusations protect beneficiaries and in turn the tion. about whether the information was Medicare trust fund as well. We are also hearing complaints from withheld have raised questions of I want to respond to some accusa- the other side of the aisle even after whether Congress had access to a valid tions that were made yesterday by three or four times last month and thorough cost estimate for the pre- Senators from the other side of the straightening them out about what the scription drug bill before the final vote aisle about this bill. It is a carping we true cost of this drug program is. What in November. often hear that is very inaccurate, and is the true cost? You look ahead 10 It should also be made clear while I want to make sure that constituents years to what a program is going to the cost analysis by the Office of the know what the true story is. cost, and you make the best judgment Actuary is perhaps helpful, it is not the I want to clarify once again impor- you can of what it is going to cost. one Congress relies on. Congress relies tant details and answer concerns—par- There are good people in the Congres- exclusively upon cost projections by ticularly inaccurate concerns—that sional Budget Office who are good at the Congressional Budget Office. It is were offered on the other side of the that and who try to do the best thing, CBO’s cost estimate we use to deter- aisle. but you aren’t going to know until 10 mine whether legislation is within au- Some have argued that our seniors years have passed what the true cost thorized budget limits. would receive a greater benefit under is. For Congress, if there is a true cost this Part D drug benefit which I have It seems to me to be intellectually estimate, that is CBO’s. And true costs been speaking about, set to begin in dishonest for people telling us that can, at best, be said as a 10-year guess- 2006, if the Government would step in somebody downtown can tell us what timate, an educated guess into the fu- on negotiations between drug manufac- the true cost of this legislation is. I am ture, and it would be the Congressional turers and prescription drug plans. going to respond to those accusations Budget Office’s. CBO’s cost estimate is This is not accurate. This noninter- about what the true cost of the Medi- the only one that matters. ference provision allows seniors to get care bill is for a third time. I am going When Congress approved a $400 bil- a good deal through market competi- to do it for a fourth time and a fifth lion reserve fund to create a Medicare tion rather than through price fixing time if I have to until somebody on the prescription drug benefit, this meant by the Federal Government. other side of the aisle learns something $400 billion according to the Congres- A basic concern we have is that in about what this bill does or doesn’t do. sional Budget Office, not according to writing the legislation the way we did, They are trying to say that somehow the Center for Medicare Services, as we don’t want some government bu- the true cost was hidden from Con- the other side would somehow say, that reaucrat in the medicine cabinets of gress. This is simply election year hy- would have a definitive impact upon our seniors. We don’t want that bu- perbole. The opponents of the drug ben- Congress. reaucrat coming between our doctor efit are making this claim because the You do not raise a point of order in and our patient. That is why that pro- final cost estimate from the Center for this body against an estimate by the vision is in this bill. The provision pro- Medicare Service’s Office of the Actu- Center for Medicare Services or even tects patients by keeping government ary was not completed before the vote the Office of Management and Budget out of decisions about which medicines took place. But let us be clear: The that speaks for the entire executive they will be able to receive. Under this cost estimate was not withheld from branch of Government. section, the Government will not be Congress because there was not a final With all due respect to the dedicated able to dictate which drug should or cost estimate from the Center for staff who work at the Center for Medi- should not be included in the prescrip- Medicare Services to withhold. But care Services, Office of the Actuary, tion drug plan. they don’t even know what this so- their cost estimates were irrelevant to The new Medicare Part D drug ben- called cost is because they have to look our decision making process. efit allows seniors to use their group ahead 10 years and make the best edu- The Congressional Budget Office buying power to drive down drug cated estimate they can 10 years ahead worked closely with the conferees—and prices. We rely on market competi- of time just like the Congressional I was one of those conferees—to the tion—not price fixing by the Govern- Budget Office does. But their estimate prescription drug bill and the staff of ment—to deliver the drug benefit. wasn’t even completed until December our Finance and Ways and Means Com- The reason we know this works is be- 23. The President signed the bill De- mittees to ensure a full analysis of the cause it has worked for 40 years in the cember 10. projected costs was completed. The Federal Employee Health Benefit Plan. Let me also make clear that the Con- conferees and the staff regularly and There is no bureaucrat telling some gress had an official cost estimate on constantly consulted with the Congres- Federal employee what their plan can the Medicare bill before the vote, and sional Budget Office throughout the de- provide to them in the way of drugs. that is the one from the Congressional velopment of the Senate bill and in the The law’s entire approach is to get Budget Office. I keep telling people preparation of the conference agree- seniors the best deal through vigorous who don’t understand the importance ment. market competition and not through of the Congressional Budget Office, The Congressional Budget Office price controls. which guides every Member of U.S. worked nearly around the clock and on These private plans have strong in- Senate, that when they say something weekends for months to complete an centives under this legislation to nego- costs something, even if they are extremely thorough and rigorous cost tiate the best possible deals on drug wrong, that is what it costs. You don’t analysis of the prescription drug bill. prices. These plans are at risk for a dispute it. The ability to raise a point That cost estimate—our official cost large part of the cost of the benefit. of order against the bill if you exceed estimate, straight from the god of They also have the market clout to ob- that cost takes 60 votes. That is how Congress’s finance estimating, the Con- tain large discounts. By driving hard important the Congressional Budget gressional Budget Office—was available bargains, they will be able to offer Office is. That is the only office we go to every Member of Congress before the lower Part D premiums and attract by. measure was presented to the House more enrollees. Somebody can make a complaint and Senate for a vote. The alternative is a command-and- that maybe some administrator down- It is also pretty disingenuous for op- control system that would not be re- town was muzzled into not talking to ponents of the Medicare bill, especially sponsive to consumer desires or to Congress, but they were talking to me. on the other side of the aisle, to sug- marketplace reality. Bureaucrats I don’t know why other Members of gest the pricetag for the Medicare bill would swing between adding benefit re- Congress couldn’t have had the same causes concern because the fact is they quirements without a means of paying information I had, and it wasn’t much supported proposals that cost hundreds for them and then restricting choices information at that. But you can talk. of billions of dollars more. You would and access in an effort to contain costs. If somebody was muzzled in our Gov- think they would say: Thank God for The noninterference provision is a fun- ernment where transparency and open- the Center for Medicare Services that damental protection against such inex- ness ought to be the rule, that is this bill is going to cost $134 billion

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4390 CONGRESSIONAL RECORD — SENATE April 27, 2004 more than what the Congressional on Internet access and multiple and dis- caused by this new high-speed Internet Budget Office said it was going to cost criminatory taxes on electronic commerce access, since we want to do that, let’s because we like to spend money. We imposed by the Internet Tax Freedom Act. take a comprehensive look at it, so want to spend more on Medicare pre- The PRESIDING OFFICER. Under let’s just extend the old moratorium scription drugs. the previous order, the Senator from for a couple more years. The House Democratic proposal, for Tennessee controls 2 hours of time. In the meantime, let’s try to create a instance, last year would have cost $1 Who seeks recognition? level playing field so all high-speed trillion compared to the $395 billion the The Senator from Tennessee. Internet access providers are treated President signed. The Senate Demo- Mr. ALEXANDER. Mr. President, the same and do no harm to State and cratic proposal in 2002 cost $200 billion yesterday we began our discussion of local governments. That is the Alex- more than the bill that was enacted legislation which, if it should pass, ander-Carper proposal. into law. would be a Federal law giving a tax The majority leader and Senator Further, there were more than 50 break or a subsidy to the high-speed MCCAIN and others asked me and Sen- amendments offered on the floor of the Internet industry, and the Federal law ator CARPER to work with Senator Senate during the debate on the Senate would then send the bill for that to ALLEN and Senator WYDEN and others bill that would have increased the cost State and local governments. There is to see if we could narrow our dif- of the bill by tens of billions of dollars. a bipartisan group of us who object to ferences. We did, but we still had dif- The bottom line is, there should be that, who believe if Congress wants to ferences. no doubt in anyone’s mind we had as give a subsidy to the fastest growing As I pointed out yesterday, Senator true a cost estimate—or if they want technology, high-speed Internet access, ALLEN’s bill, S. 150, which is the bill we to put it in their words, the true cost then Congress ought to pay for it and are now considering, is permanent, not estimate—for the prescription drug bill not send the bill to State and local temporary. It still puts at risk $3 to $10 last year. Everyone had access to it be- governments. billion that State and local govern- fore the vote. I, for one, also question whether ments collect. It also causes the sales But let me explain to the people of there is any need to spend additional taxes that were being collected to ex- this country that whether it is the taxpayer dollars on this sort of subsidy pire. Congressional Budget Office or the since, as far as I can tell, high-speed Let’s recall that what we are talking Center for Medicare Services, when Internet access must already be the about is not lowering anybody’s taxes. they look ahead 10 years, and the far- most heavily subsidized technology in If you lower one tax, another tax is ther out you go, it is a fairly imprecise the country. But, nevertheless, we have going to go up, or the government is way of deciding what a bill we passed reached a point in the discussion where going to be cut. Lower taxes for the last year is actually going to cost. The we are trying to create a compromise service industry means higher taxes for true cost is going to be known on that result. somebody else. That is a fact. 10th year. To go back through a little bit of his- Then Senator MCCAIN came to the But these professional people with tory, the House of Representatives sent floor yesterday and offered a new pro- green eyeshades, without any political a bill to the Senate toward the end of posal. I want to comment for the next predilection, study what we put on last year, and that bill, while it was 3 or 4 minutes on that. I have written paper and they say: Senator GRASSLEY, named ‘‘Internet tax moratorium,’’ did Senator MCCAIN a letter outlining my as chairman of the Finance Com- much more than that. It purported to reaction to it, which I hope is being de- mittee, if you do this, it is going to make permanent the temporary time- livered now, but since we only received cost X number of dollars. So if it does out from taxes the Federal Govern- his proposal yesterday afternoon at not all fit into $400 billion, you kind of ment set in 1998, and then renewed in about 2:15, I want to let the full Senate tailor it to fit, because if you do not, 2000, on State and local taxation of and others know my reaction to his you are going to be subject to a point Internet access, but the bill did much proposal. of order and you will have to have 60 more than that. First, I appreciate his proposal and votes to override it. As I pointed out at length last night, his efforts to create a compromise. We I hope I have once again cleared up the House bill exempted this industry all want a result. That is why we are any misunderstandings about these from a great many State and local moving ahead at 2:15 to consider his issues. We should move on and not lose taxes—telephone taxes States cur- proposal. Unfortunately, Senator sight of what really matters: helping rently collect, business taxes States MCCAIN’s new proposal still harms our Nation’s seniors get the drugs they currently collect, more business taxes, States and still creates a huge loophole need at lower prices through the Medi- and then sales taxes. So for all of for the high-speed Internet industry. care discount card, and $600 of addi- these, we had the Federal Government Let me be specific. No. 1, the defini- tional assistance, which beneficiaries saying to the State governments: You tion that the McCain proposal uses is can begin enrolling in next week, and cannot do this; You cannot collect the same definition the Allen-Wyden through the voluntary Part D drug these taxes. proposal uses. That definition elimi- benefit in 2006, which is what really We have a phrase for this. We call it nates $500 million annually of tele- matters. unfunded Federal mandates. It means: phone taxes, business taxes that State I yield the floor. Do no harm to State and local govern- and local governments collect today. ments. That is an unfunded mandate. f The Republican majority was elected No. 2, the bill does not protect States CONCLUSION OF MORNING in 1995, promising to end the practice and their ability to make a decision BUSINESS of we Congressmen and Senators com- about whether to continue collecting The PRESIDING OFFICER (Mr. TAL- ing up with some big idea, taking cred- taxes on telephone services. This is ENT). Morning business is closed. it for it, and then sending the bill to very important to State and local gov- f State and local governments. So we ernments. Last year, according to the went to work to try to change the bill. National Governors Association, State INTERNET TAX NONDISCRIMINA- Senator CARPER of Delaware and I and and local governments collected $18 TION ACT—MOTION TO PROCEED nine other Senators of both parties of- billion in taxes on telephone services. The PRESIDING OFFICER. Under fered a compromise. We said: Since the In the State of Tennessee, it was $361 the previous order, the Senate will re- Federal Communications Commission, million. In California and Florida and sume consideration of the motion to and since Senator MCCAIN and the Texas, it is more than $1 billion. It is 5 proceed to S. 150, which the clerk will Commerce Committee, and Senator percent of our State budget. Almost report. STEVENS, our President pro tempore, every State is affected by this. While The assistant legislative clerk read and others, have said we need to take a Senator MCCAIN’s legislation in one as follows: comprehensive look at this phe- section appears to try to protect tele- A motion to proceed to the bill (S. 150) to nomenon of digital migration of serv- phone calls made over the Internet so make permanent the moratorium on taxes ices to the Internet that is being that States may choose to continue to

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2004 CONGRESSIONAL RECORD — SENATE S4391 tax telephone services as opposed to The Chair wishes to inform the Sen- and we all get the bill each month from food, for example, it doesn’t do that. So ator he has approximately 81 minutes our Internet service provider. Now con- that is the second problem with the remaining. sumers can get this high-speed Internet bill. It takes away from the States a Mr. ALEXANDER. Mr. President, access a lot of places. They can get it substantial tax base. sometimes when we talk about this from their Internet service provider, No. 3, the bill is 4 years in duration. Internet tax proposal, eyes glaze over. such as America Online, for example, We think 15 months, 2 years would be It is a hard subject for people to get or they can get it from their cable much better. Four years is better than into their brain because we are talking company, the person who brings people permanent, but once you freeze into about a new way of doing things. We television, or they can get it from their place these decisions, it is like trying are talking about Internet access, how telephone company. They will charge to take a billboard down. You can pre- one connects their computer, for exam- about $30 or $40 a month for that. vent one going up, but you can’t ever ple, to the Internet, but we are espe- In Manassas, VA, consumers can get take it down. We believe 4 years is not cially, in this case, talking about high- it from their power company. That has much better than permanent. And then speed Internet access. helped us understand that there is not there is the grandfather clause. The High-speed Internet access has been going to be any digital divide problem. moratorium is 4 years starting last No- known to us just for the last few years. Almost everybody, thanks to the rural vember. The States that were already When Congress passed the Tele- electrification system, has a power taxing Internet access with sales taxes communications Act of 1996, it is pos- wire running to their home or near before this legislation moratorium sible that nobody in Congress had ever their home and they can get their high- took effect in 1998, we think those heard of high-speed Internet access. speed Internet access from the electric States and other States now collecting The commercial Internet was just a company. They do it in Manassas, VA. taxes on high-speed Internet access few years old at that time. It costs $25 a month, which is just the should be permitted to continue to ex- High-speed Internet access is another amount of money President Bush, ercise their option to collect those one of America’s great adventures. The when he was Governor Bush, thought taxes. Industrial Revolution was caused by ought to be the subsidy to consumers I have suggested to Senator MCCAIN the internal combustion engine. That who decided to use this fastest growing in my letter that there is a way to fix was a great invention. new technology in the United States, each of these four problems. The way The telephone was a great invention. high-speed Internet access. to fix the definition problem is to use Television was a great invention. The The reason I raise that is, since we the language of the original morato- use of high-speed Internet access is a already had that in Texas, what if the rium. After all, if all we are doing is great discovery. What is possible with States say to the Congress that we will extending for 4 years the original mor- it is that suddenly a lot of the every- accept that unfunded Federal mandate? atorium on State and local taxation of day services of life, such as making We will ask for that one. You know, Internet access, why not use the origi- telephone calls as an example, just exempt all of our 100 million con- nal moratorium? downloading movies, even watching sumers across the country from the $1- No. 2, make the extension for no our regular television channels, may be to $3-a-month bill that they will pay in more than 2 years. done through the Internet. Maybe it taxes on high-speed Internet access. No. 3, express in plain English what I will be easier; maybe it will be less ex- But, no, from the House comes this have heard the Senator from Virginia pensive; maybe there will be some legislation last year that would drive a say, that he has no intention of trying other advantages. Mack truck through the State budgets to ban State and local taxation of tele- So for a long time, everybody has of virtually every State. It would drive phone calls made over the Internet. So been excited about high-speed Internet it through the State of Texas, too. The why not say, ‘‘nothing in this Act shall access, which we call broadband. As a State of Texas collects $1.7 billion a preclude State and local governments result of that excitement, there has year in taxes on telephone services. from taxing telephone services, includ- been a phenomenal amount of subsidy That comes from the National Gov- ing telephone calls made over the of high-speed Internet access by the ernors Association. This year they Internet’’? Government. called up all the States and got this in- And, finally, all the grandfather The Federal Government spends ap- formation. State and local govern- clauses should end at the same time proximately $4 billion a year already to ments, in taxes, collect $1.7 billion a the moratorium expires. encourage the spread of high-speed year on telephone services. I am glad Senator MCCAIN worked to Internet access. Almost every State offer this new proposal. I regret that it spends its taxpayers’ money to encour- Under the proposal that is coming to still has many of the same problems of age the growth of the high-speed Inter- the floor this afternoon that Senator the original proposal. The term is a lit- net access industry. MCCAIN has suggested, as those tele- tle better. The protection for State The State of Texas, for example, has phone calls are made over the Internet, prerogatives on taxing telephone serv- done at least two things. One is that it they would be tax free. That sounds ices is worse. But I would hope we has a fund. Texas does things in a big good at first, until you think about could take the four suggestions I have way. So it is collecting $1.5 billion over what comes next. Let’s say Texas loses made and correct the McCain proposal. 10 years, which will be spent to encour- a third of its revenues from tele- If we can, we can pass a bill and get on age high-speed Internet access just in communications taxes. Let’s be con- to something else. I wanted to come to Texas. servative about this. Of the $1.7 billion the floor quickly, after we have had a Also, in 1999, when President Bush that Texas collects on taxes on tele- chance to review the proposal, to make was Governor Bush, Texas decided it phone services, only about a billion those suggestions. would give consumers a break on high- comes from telephone calls. These are I will return to the floor within a few speed Internet access. Texas said the the monthly bills that you get. minutes with further comments. For first $25 a consumer pays for their So Texas collects $1 billion a year. now, I yield the floor and suggest the high-speed Internet access bill each According to the Congressional Budget absence of a quorum. month is exempt from the State sales Office, in a letter to the Senate that I The PRESIDING OFFICER. The tax. That is what Texas has done since had printed in the RECORD yesterday, clerk will call the roll. 1999. the estimate is that within the next 5 The assistant legislative clerk pro- Now, the irony is that the Governors years at least a third of all the tele- ceeded to call the roll. and States of this country came to phone calls will be made over the Inter- Mr. ALEXANDER. Mr. President, I Congress and said, Why do we not net. ask unanimous consent that the order make President Bush’s Texas plan the I think it is coming faster than that. for the quorum call be rescinded. national plan? That really helps con- I believe Michael Powell, the Chairman The PRESIDING OFFICER (Mr. BUN- sumers. It is pretty easy to understand. of the Federal Communications Com- NING). Without objection, it is so or- I am in Tennessee, the Chair is in mission, believes it is coming faster dered. Missouri, somebody else is in Texas, than that.

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4392 CONGRESSIONAL RECORD — SENATE April 27, 2004 So under the McCain proposal, Texas about it this way. The Presiding Offi- been a leader in the fight to remind us loses one-third of the revenues it col- cer is the Senator from Kentucky. Ken- we have a Federal system, and that it lects in telephone services. That is $300 tucky has a big Toyota plant. I visited is not up to us to come up with big million a year. In Tennessee, it is $100 with the chairman of Toyota in Tokyo ideas, take credit for it, and send the million. a few weeks ago. Toyota is leading the bill to the local governments. I would Then that keeps going. So gradually way—Ford is doing a lot, Nissan is like to yield to him whatever time he if you are the Governor of Texas, you doing a great deal, other companies may require. are the legislators of Texas—and I are—in hybrid cars. I see the Senator The PRESIDING OFFICER. The Sen- know right now they, as most States, from Delaware, and I am going to yield ator from Delaware. are going through a difficult time fi- to him within 3 or 4 minutes. They tell Mr. CARPER. Mr. President, I thank nancially—they are talking about me at Toyota in Tokyo that Toyota is the Senator from Tennessee for yield- other taxes in Texas so they can pay selling hybrid cars in America this ing the time. Let me say how much I for their schools. year at the rate of 100,000 this year. enjoyed the opportunity to work with But I can predict what is going to That is very important in Tennessee the Senator on this issue and, frankly, happen in Texas and in Tennessee and because we have a big clean air prob- on a number of other issues. I think he in Washington State and in Florida. lem and hybrid cars have electric mo- has shown a lot of courage, and I am Florida collects $1.4 billion in taxes a tors and internal combustion engines grateful to him. I thank him for the op- year on telephone services. About $1 both and burn less gas and pollute the portunity to be his partner. billion of that is from telephone calls. air less, so the air would be cleaner in I take some time this morning to ad- Take all that out and what happens, Tennessee. So I am thinking about, dress one of the important arguments dancing in the streets because people perhaps, recommending a Federal law made by our colleagues on the other aren’t paying taxes on telephone calls that tells Kentucky and Tennessee and side of this debate. Proponents of the over the Internet? No. What is going to Delaware they cannot tax hybrid cars. legislation argue the only way to en- happen is that some unfortunate Gov- Why wouldn’t that be a good idea? courage broadband deployment is to ernor in Texas and in Florida is going That would clean the air. provide subsidies to telecommuni- to have to propose a State income tax. The reason it would not be a good cation industries with no strings at- You may stand up and say we should idea is that in Delaware and Kentucky tached. Furthermore, they argue the reduce taxes by $1 billion in Texas, or and Tennessee, some unfortunate Gov- only way to create such subsidies is to reduce it by $1 billion in Florida, and ernor and some unfortunate mayor is pass a large, new, unfunded Federal maybe you can. Maybe you can. But going to have to figure out what to do mandate. I submit if what all of us here that is a substantial challenge to those about the property tax to pay for the want to do is determine the taxes and States. schools and whether to raise the tax on spending policies of our State govern- What we are really doing here is food if you can’t raise it on telephones. ments, then we should do what Senator something I never thought I would see. And even though he or she might want ALEXANDER did, what Senator VOINO- We have legislation which has zoomed to lower taxes, if we give a big break to VICH did, what Senator HOLLINGS, I, and through the House and which the dis- one industry, if we give them lower others did. We ran for Governor. We tinguished chairman of the Commerce taxes, it is going to be higher taxes at were elected. As a result we had the op- Committee, despite his efforts to have some tax level for somebody else. portunity—in my case for 8 years—to meetings and to compromise, is still Whether it is hybrid cars or whether decide what the taxing and spending insisting on, is that we in the Congress it is solving the obesity problem by policies of our States’ governments give a big subsidy to the high-speed passing a Federal law that we can’t tax should be. That is what we did. Internet access industry and send the low-carb foods, or solving the energy The authority we are granted here in bill to State and local governments, problem by saying we can’t have a the Senate by the Constitution is to and it is a potentially big bill. State tax on solar panels on the roof— decide the taxes and spending policies I suggested in my earlier remarks all those things sound good, but it is of the Federal Government, not the that the McCain proposal can be easily not our responsibility in a Federal sys- taxing and spending policies of the fixed. For example, we can just say: tem to tell State and local govern- State governments, and not the spend- Nothing in this act shall preclude ments what services they can provide ing and taxing policies of local govern- State and local governments from tax- and what taxes they can charge. And ments. Our job is to determine the tax- ing telephone services, including tele- especially that is true when already ing and spending policies of the Fed- phone calls made over the Internet. the Congress and the States are sub- eral Government. That is very plain English. sidizing this industry. That being said, it is not as if we the I don’t know why we don’t try plain I believe if Congress wants to give a Senate are somehow without the power English in a statute every now and big subsidy to the high-speed Internet to create incentives for industries to then. That would remove a lot of that access business, Congress ought to pay encourage certain activities we deem problem. Then we could make it a 2- for it. The way to do it is to adopt the to be desirable. Senator ALEXANDER year extension instead of 4 and that George W. Bush Texas proposal that mentioned a couple of areas where we only leaves two problems. One is the was enacted in 1999. That is relatively are involved with tax policies in other definition of Internet access. They inexpensive. It benefits consumers. It cases and with spending policies to en- have cooked up a new one. We had one would say to everybody in the country, courage the development of fuel cell since 1998. We banned taxes on Internet the first $25 you pay on high-speed vehicles, or to develop the creation of access in 1998. We did it again in 2000. Internet access every month is tax ex- leaner burning diesel vehicles, or to I supported that. Instead of really ban- empt. The States have asked us to do incentivize creation of coal-fired plants ning taxes on Internet access, they are it. Why don’t we do it? Why do we in- that don’t pollute a great deal. We creating a big tax subsidy to a whole sist on rushing through the Congress have that spending and taxing author- industry. We could fix the definition legislation that gives a big break to ity, and we are using it—some would problem by going to the Alexander-Car- the industry that is already, at least as argue not to great effect, but that is per definition, which we suggested in far as my research shows, the most our responsibility. We have the author- December, or just by going to the 1998 highly subsidized and fastest growing ity, after all, of a Federal budget. It is definition. Then we could make all the new technology in America today? over $2 trillion. grandfather clauses expire at the same The Department of Commerce and If we believe telecommunications time the moratorium ends, that would the Congressional Budget Office both companies need more money to build be it, and we could pass the bill and be have advised us it is growing so fast it and market their broadband networks, on to reducing taxes for manufacturing needs no subsidy, that there is no need and if we believe we can do better than companies. to spend more taxpayer money on that. the private sector in providing that Sometimes I think I have not been I see the distinguished Senator from money, then there are any number of able to get my point across as effec- Delaware, former chairman of the Na- ways we can provide money at the Fed- tively as I would like. I was thinking tional Governors Association. He has eral level. After we do that, first of all,

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2004 CONGRESSIONAL RECORD — SENATE S4393 we could provide Federal grants. We or not, we still have rural areas in ourselves. We could not stick anyone can provide Federal tax breaks. We can Delaware. That proposal might be of else with the tab. We would have to provide loan guarantees. We can pro- some interest to a lot of us, and I sus- pay the tab. vide additional spectrum for unlicensed pect to other of our colleagues. Admittedly, at a time when our Fed- use. The only reason not to provide the On the other hand, if Senators would eral budget deficit is out of control, I money in these ways, if it is needed, is rather provide tax incentives and ei- have to confess passing the buck does because Congress would have to find a ther grants or loans, then perhaps we have a certain amount of appeal. But it way to pay for it rather than simply should be debating Senator ROCKE- is not as though State and local gov- sending the bill to our friends in our FELLER’s Broadband Internet Access ernments are in much better shape fi- State and local governments. If we pass Act. Senator ROCKEFELLER’s legisla- nancially than we are. State and local a new unfunded mandate this week or tion would provide tax credits for com- governments are struggling to cope next week, it will be a matter of choice panies investing in broadband equip- with the worst financial crisis they rather than a matter of necessity. ment. It would provide a 10-percent tax have faced, I am told, since World War In case anyone doubts that, I would credit for investments in so-called II. Classrooms are becoming over- like to bring to the attention of our ‘‘current generation’’ broadband serv- crowded as school budgets are cut. colleagues here in the Senate a few of ices. Prisoners are being released from jails the many bills that have been intro- For investment in higher speeds for as correction budgets are cut. Gov- duced in the Congress to create Federal next-generation broadband services, his ernors and mayors are pushing through incentives for broadband deployment. bill would provide a 20-percent tax unpopular and frequently regressive These bills have already been written. credit. tax increases. These bills have already been intro- If it is a Republican tax proposal my New industry subsidies can be cre- duced. Many of them have a rather colleagues are looking for, we could al- ated for all sorts of wonderful purposes, broad cosponsorship. If we wanted to, ways turn to Montana and Senator but if they are conceived in Wash- we could bring one or several of them BURNS’ proposal to allow the expensing ington, and then the cost of those sub- to the floor today, debate them, and of broadband investments by compa- sidies is passed on to State and local perhaps pass them. nies. That might work. I find that at- governments, what it all amounts to is I will mention a number of those tractive. political welfare. We spend, they pay. bills. I want to start first with bills If party affiliation is not the hangup, If we are going to pass on our costs to that have been introduced by Senators but Senators are uncomfortable with our friends in State and local govern- who have joined us in opposing the un- providing tax incentives directly to ments, we ought to at the very least have the courtesy to tell them how funded Federal mandate we are debat- companies, perhaps they would prefer much expense we are planning to run ing here today. I do so because there the approach suggested by our col- up on their tab. Perhaps the worst part has been some suggestion made by our league from New York, Senator CLIN- about this new unfunded Federal man- colleague on the other side of this issue TON. She proposes a different approach. date we are proposing is we cannot that those of us who oppose unfunded She proposes providing an income tax honestly look our Governors in the mandates also oppose the Internet, or credit to holders of bonds that are used eye, we cannot honestly look our may- oppose efforts to encourage the devel- to finance the deployment of ors in the eye, we cannot honestly look opment of broadband. That is not true. broadband technology. our State legislators in the eye, and While I doubt many of our colleagues Finally, if Senators don’t want to provide grants, loans, or tax incen- even tell them how much this unfunded believe this to be the case, I do believe mandate is going to cost them and tives, they can consider an approach it is important we clarify matters for their State or their city or their coun- advocated by one of our colleagues who the record. ty. We cannot do that because, in Let me start with a bill authored by happens to represent, among other truth, we have no idea. Senator HOLLINGS, a distinguished places in California, Silicon Valley; I would ask how my colleagues would ranking member of the Commerce that is, Senator BOXER. Senator BOXER react to the following proposal from Committee. One year ago, Senator has proposed we allocate additional me: Suppose I proposed a bill to create HOLLINGS introduced the Broadband spectrum for unlicensed use by wireless new Federal subsidies for the poultry Deployment Act. It is a true Federal broadband devices. industry. broadband bill, and as such it would be Those are only a few of the proposals The poultry industry is big in our a much more appropriate piece of legis- that have been made, introduced, dis- State and the entire Delmarva Penin- lation for us to be debating here today. cussed, and in some cases subject to sula. In fact, for every person living in Instead of handing State and local gov- hearings, and which have cosponsors. Delaware, there are 300 chickens. Let’s ernments an unfunded mandate, Sen- Those are a sampling of the things say I proposed a bill to create new Fed- ator HOLLINGS’ bill would provide we can do as Federal legislators in a eral subsidies for the poultry industry, broadband to support State and local proactive way if we are interested in or any industry, for that matter. Sup- broadband initiatives. Rather than strengthening the ability of companies pose these subsidies would be provided being unfunded, Senator HOLLINGS’ pro- to market and extend their broadband in the form of mandatory spending out- posal would be financed by moneys systems. side the control of annual appropria- from the Federal telephone access tax. What I think this array of proposals tions. Suppose CBO evaluated my pro- Besides block grants, Senator HOL- indicates is there is no limit to the posal and indicated they could not esti- LINGS’ bill would also provide direct ways in which we could act, if we want- mate, they could not even guess how grants for broadband deployment. It ed to, to encourage broadband deploy- much my proposal would cost, except would also support university research ment at the Federal level. The Sen- to say: We believe it could grow to be on next-generation broadband tech- ators I have mentioned—I mentioned large. We believe it could grow to be nology and pilot projects deploying five of them—span the ideological spec- large. new wireless broadband technology. I trum, from liberal to conservative. That is what CBO has said about S. think that sounds like a worthwhile They come from different parts of our 150: We believe its cost to State and proposal. country. Their proposals reflect their local governments could grow to be However, for Senators who are op- ideological diversity. Some would in- large. But they are unable to say how posed to providing outright grants, per- crease spending; others would cut large and how soon. haps we should consider another pro- taxes. Some would finance their pro- If I proposed some kind of proposal posal; that is, one by Senator DORGAN. posals by reallocating existing re- that helped our poultry industry, and His proposal is to make low-interest sources; others would add to the def- CBO said, ‘‘We don’t know how much loans available to companies that are icit. this is going to cost,’’ would my col- deploying broadband technologies in But what is clear is all these pro- leagues in the Senate pass that kind of rural areas such as North Dakota. We posals are harder to pass here in Wash- a proposal? Would they even allow it to have rural areas in Kentucky. There ington than an unfunded mandate be- be considered on the floor of the Sen- are rural areas in Tennessee. Believe it cause we would have to pay the bill ate? As convincing as I might be, I do

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4394 CONGRESSIONAL RECORD — SENATE April 27, 2004 not think they would. Yet this is ex- able compromise, one that extends the DORGAN, ENZI, HOLLINGS and I, and oth- actly what we are asking our Gov- moratorium and makes it neutral with ers opposing the underlying bill, I don’t ernors to accept from us. This is why respect to technology, but also one believe you would see that kind of op- the Governors united—Republican and that first does no harm to State and position if some things were different. Democrat alike—in opposing the sub- local governments, that are struggling If there had never been an unfunded sidies in the underlying bill we are de- to cope, as I said earlier, with their mandates law in 1995, we may not feel bating today. worst financial crisis since World War so strongly, although the idea that the If my colleagues have not yet read II. Federal Government is telling the CBO’s analysis of this bill, I urge they In 1995, when the Senate debated and, States what to do and to pay for it, the do so. The Congressional Budget Office along with the House of Representa- Federal Government is taking away tells us this legislation is written in a tives, passed the unfunded mandates the revenue base of the States and not way that is so broad and so vague they law, I was not working in the Senate. I making up the difference, that still cannot even give us a rough estimate had been a Member of the House of rubs me the wrong way. I find it gall- of what its effect will be on State and Representatives, but I left at the end of ing. But if there were no unfunded local governments, except to say: We 1992. Former Governor Mike Castle and mandates law, we would probably not expect it to grow to be large. They say I sort of swapped jobs. He became a be making this kind of fuss today over the language in this legislation is so Congressman from Delaware, and I was this issue. confusing that lawyers will ultimately privileged to become its Governor. If the Internet were still in its in- have to get involved, and we will not Starting in 1993, my first year as fancy, still struggling to hit its stride, know what the implications for State Governor, I began working with other not yet making the impact it does and local budgets will be until it all Governors, including Senator VOINO- today in our economy here and around gets sorted out in the courts. VICH. What we sought to do was to the world, we probably wouldn’t be My friends, that is unacceptable. It is work actually initially with a bunch of making the fuss we are today in oppo- beneath us as the world’s greatest de- Republicans who were part of the so- sition to the underlying bill. liberative body. It is an abdication of called ‘‘Gingrich Revolution’’ which If States today were awash in money our responsibility as the body our was able to capture the majorities in and not facing the largest fiscal crisis Founders created in part to protect the the House and Senate in 1994. One of they have faced in over 50 years, we interests of the respective States of our the platforms of the ‘‘Gingrich Revolu- probably would not be making the kind Union. tion’’ was the Federal Government of noise we are in opposition to the un- We can do better. We all agree the should not tell the State and local gov- derlying bill. current moratorium on Internet access ernments what to spend their money If telecom companies were not begin- taxes should be extended. I say ‘‘the on, and then not provide that money; ning to enjoy very decent profits as current moratorium.’’ It is a morato- nor should the Federal Government they are today—and the prospect is for rium that was in place for 5 years and tell State and local governments what more of the same—then we might not expired last November. But we agree they could or could not tax without be making the kind of fuss we are in the moratorium should be restored. We providing some offset if we cut their opposition to the underlying bill. disagree, though, on what should be revenue base. As it turns out, there is an unfunded done beyond that. But we all agree the One of the first laws enacted in the mandate law, and even if there were moratorium should be extended. year 1995, signed by then-President not, what we are seeking to do in my If we are going to write this bill on Clinton, is one that said: Unfunded judgment is morally wrong. The Inter- the floor rather than negotiating a mandates are wrong, whether they are net is no longer in its infancy. It is a compromise everyone can live with, we on the spending side or on the revenue grown child, not just trying to walk or ought to begin with what we can all side. crawl. This grown child is running at agree on, and debate what to do beyond In 1998, the Congress passed an un- full speed. The States are not awash in that. We ought to call up a bill that funded mandate, not a big one but a money. They are hurting. They are simply extends the old moratorium. little bitty one. The reason they did it, hurting in ways we have not seen in a I want to expand that moratorium to they said, was to make sure the Inter- long time. make it technology neutral. Along net has an opportunity to get up on its It is not just the classrooms that are with Senator ALEXANDER, I expect to feet and successful because we think it crowded. It is not just the prison doors offer an amendment to do that. If oth- could mean good things for our econ- being opened to let people out who ers want to add billions in new sub- omy. It has. frankly should still be incarcerated in sidies to the bill on top of that, then At a time when State and local gov- many cases. It is not just the caseload they can offer their own amendments. ernments were beginning to put taxes burdens of folks whose job it is to work If we want to propose ways to pay for or fees in place on access to the Inter- with families in trouble. All of those such subsidies, as others may propose, net, the Congress and President Clin- problems are facing State and local and to do so here at the Federal level ton said: State and local governments, governments, and they do not have the rather than passing the bill to the if you are already imposing some kind revenues to cope with them in many States, then we should put our pro- of tax on access to the Internet or cases. posals forward. If others want to pro- some fees on access to the Internet, es- The telecoms are doing pretty well pose different inducements to indus- sentially your AOL bills of consumers, these days. They went through a tough tries, such as low-interest loans or al- if you already have one in place, you patch, but they seem to be coming locations of spectrum, then they may keep it in place, but if you haven’t through it. should bring those proposals forward as done it, you are not going to be able to I don’t know if Senator ALEXANDER well. do so. So a moratorium was put in still has to go somewhere or not. Is he That seems, to me at least, to be the place in 1998. Most people thought it able to stay on the floor a bit longer? fairest way to proceed. If the goal is to was a good idea. States went along Mr. ALEXANDER. I am going to have a genuine debate on this issue and with it. They were not crazy about the leave within 4 or 5 minutes. to let the Senate work its will, we idea, but they went along with it. Mr. CARPER. Let me yield before the would welcome that. On the other After 3 years the moratorium was Senator leaves, if he would like to hand, if the intention is to proceed to supposed to expire. When it was about make some comments. I have a few a fundamentally flawed bill, and then to expire, it was extended, almost by more things I would like to say. immediately file cloture to close off de- acclamation, in 2001. The States were Mr. ALEXANDER. I have been listen- bate, we have no choice but to use not crazy about the idea, but there was ing to the Senator from Delaware care- every procedure available to us to pro- not a whole lot of push back. Then late fully. tect our rights and to protect the in- last year, that 2-year extension ex- Mr. CARPER. You have heard some terests of our States. pired. of this before. My hope is we will still be able to With Senators ALEXANDER, VOINO- Mr. ALEXANDER. What was going work this one out and reach an accept- VICH, GRAHAM of Florida, FEINSTEIN, through my mind was: I don’t recall a

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2004 CONGRESSIONAL RECORD — SENATE S4395 time when I was Governor of Tennessee we are talking about State programs. voice communications, when those that I ever saw the Congress do any- That is what we are doing here. It is to- communications are routed over the thing like this. There were unfunded tally inappropriate, against the spirit Internet? Those are really the four Federal mandates that we didn’t like. of the tenth amendment and Ronald areas of contention. Back in the early 1970s, before I was Reagan and everything else we stood If you look carefully at the proposal Governor, Congress said: We ought to for on the Republican side in the Con- submitted by Senator MCCAIN, the defi- help children with disabilities. We will tract with America. It is offensive to nition of what is tax exempt under his pay for a certain percentage of it, but that spirit. That is why I am here proposal looks a whole lot like that they never did. I hear about that all today. which is included in the bill authored the time from local school boards and Mr. CARPER. Mr. President, it is by Senators ALLEN and WYDEN. While local people. But I cannot remember a ironic. The Senator talks about some the duration of the moratorium is a lit- time when the Congress passed a law of us here who would like to almost tle different, it is shorter. That, in my saying: We have come up with a great usurp the responsibilities of our State judgment, is not really the key factor idea here, and we are going to give a and local officials. here. Of interest, though, is the dura- State tax break to somebody to pay for I always describe myself, when people tion of the grandfather clause. I think it. I think we would have laughed ask what I do, as a ‘‘recovering Gov- the moratorium under the McCain pro- about that. ernor.’’ Although I love being in the posal is 4 years, but the grandfather Then we would have gotten really Senate and working with particularly clause protecting State and local gov- mad about it. It is so farfetched. the folks we are engaged with on this ernments is only for 3 years. There ap- We are having a very serious debate particular issue, we are not Governors, pears to be, superficially, an effort in about this in the Congress. Everybody we are not mayors, we are not county the McCain bill to address the issue of is going through the motions, making executives, and we are not State legis- the application of the moratorium to bills doing all these things. But what lators; we are Federal legislators. We traditional taxable voice communica- we are doing is, U.S. Senators are pass- have the ability, the power, through tions when those forms of communica- ing State laws. That is what we are the Federal purse, through our appro- tions are routed over the Internet. On doing. priations process, to offer grants and the one hand, the legislation appears to If I had known that I could have run provide tax credits. We are in a posi- address, with some sensitivity, that for the Senate in 2002, I could have tion to nurture industries, promote concern. But on the other hand, it probably been elected by a big margin them. We have talked about some of takes it back. We have to look at the in Tennessee. I could have said: When I them today. This is one industry that entire language as it pertains to this get to Washington, I am going to pass should be nurtured and strengthened. provision. a Federal law abolishing the State in- We can do that and we should do that These are not easy issues to under- come tax, in case you ever pass it, on our dime. stand. I have spent a fair amount of making it illegal for Tennessee to pass I see the Senator from New Hamp- time on them and they are not easy for a State income tax. We don’t have one shire on his feet. I will make one more me. For those of us not on the Com- and people don’t want one, although comment and then I will yield the merce Committee and have not had the they may get one, if this bill passes. Or floor. benefit of the extensive hearings, these I could say, as we have said a little ear- Senators ALEXANDER, VOINOVICH, and are not easy issues. I have tried to lier, hybrid cars are a great invention. I just returned from a press conference come up to speed on these issues, and I think I will pass a Federal law telling upstairs a couple minutes ago. We were the rest of us in this body have strug- Tennessee, Kentucky, and Delaware asked about the proposal Senator gled to come up to speed. I want to they can’t tax cars. Car taxes are MCCAIN has offered. I have a huge re- make sure we use the time before us hated. Or obesity is a national prob- spect for him. We were colleagues in this week, and maybe next week, to lem. I think I will pass a Federal law the House together, and we served in provide the kind of primer that I have saying: No sales taxes on low-carb or the Navy at about the same time. I be- been privileged to have for others of low-fat food. lieve what he submitted is a proposal our colleagues, so that at the end of Housing is important to all of us in made in good faith. However, I also ask the day, when we vote, we are casting the United States and in the Senate, my colleagues to keep this in mind. an informed vote. but we don’t pass a Federal law low- Whether you look at the underlying I yield back my time. ering local property taxes in Louisville bill, S. 150, considering the alternative The PRESIDING OFFICER. The Sen- or Nashville or Wilmington in order to Senator ALEXANDER and I offered, also ator from New Hampshire. encourage housing. Why don’t we do on behalf of other colleagues, and con- Mr. SUNUNU. Mr. President, I ask that? It is because we have a Federal sider what Senator MCCAIN offered and unanimous consent to be allowed to system. We are not Belgium. We are other proposals that may come to the proceed for 5 minutes and that it not not France. We have Governors. We floor, there are really four areas of con- be charged to anyone’s time. have mayors. This is America. It is a tention. They include, No. 1, and The PRESIDING OFFICER. Is there part of the American character that we maybe most important, what is the objection? like to make our decisions at home. definition of what is tax exempt under Without objection, it is so ordered. When I go to a Lincoln Day dinner— the moratorium? I will say that again. Mr. SUNUNU. Mr. President, I want- I don’t go to the Democratic meet- The first area of contention may be the ed to speak on this topic to address a ings—I always say something about most important. It is the definition of couple points that have been made. I local control. If I were to go to any Re- what is tax exempt under whatever appreciate the sincerity and the inter- publican meeting in Tennessee and say, moratorium is being proposed. ests of those who oppose this bill. They I especially don’t like it when a Con- Other areas of contention, though I have opposed it vigorously and aggres- gressman gets up and passes a Federal think not as important, include the du- sively. But I believe very strongly, hav- law and takes credit for the idea and ration of the moratorium. Should it be ing seen this debate unfold, that this is sends the bill to the Governor or the 15 months, 2 years, 3 years, or 4 years? not a question of their support for an mayor, I would get a big round of ap- That is an area of contention. But it is alternative as much as it is their oppo- plause for that because we believe that not as critical as the definition of what sition to any legislation that protects in the Republican Party in Tennessee, is tax exempt under whatever morato- the Internet from taxation. and most Tennesseans do as well. rium is being proposed. I draw that conclusion because we I was enjoying the remarks of the The third area of contention is, what are debating a motion to proceed. If Senator, and that was going through is the duration of the grandfather there was a genuine interest in bring- my mind. I wish I could think of some clauses for State and local govern- ing different alternatives to the floor way to convey to my colleagues that ments which would be deprived of rev- and having a vote on those alternatives we are talking out of the box here. We enue that they currently collect? or amendments, we would not be in are not talking about Federal taxes, Finally, what is the application of what is effectively a stonewalling sce- Federal subsidies, or Federal programs; the moratorium to traditional taxable nario, delaying tactic, if you will, to

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4396 CONGRESSIONAL RECORD — SENATE April 27, 2004 have to force a cloture vote on simply ping or thwarting this bill, but it is an Senator KERRY was the commander proceeding to the bill. There are a unfair argument and an improper argu- of a swift boat. A swift boat was a boat handful of people who vehemently op- ment. that would move very quickly, and pose any legislation that protects the Some people think that cities, coun- they used it in the rivers of Southeast Internet from taxation. I think that is ties, and States should have the right Asia. They were subject to ambushes why this has taken so long to move for- and the ability to tax the Internet. and attacks, especially before there ward. They want those cities and States to was something done to make sure the Some people do not support the un- tax the Internet. I do not think that is shoreline was free of foliage. They were derlying legislation, and it is certainly right for consumers, it is not right for attacked often. true that it would protect the Internet America, it is not right for investment, In this instance, a rocket hit his from taxation. But what it would not and it is not right for broadband access swift boat, blew all the windows out of do is create special considerations for or deployment. If they want to take it, and, of course, injured people on the Internet or broadband access. The the floor and say, We don’t support board the boat. Senator KERRY at that legislation specifically says we will Internet taxes, we are looking out for time directed the swift boat to, rather preempt, or prohibit, any discrimina- the interest of these cities and States, than go away from the battle, go into tory taxes, taxes that are specifically I say think again because the whole the battle and go to shore. As soon as addressed to Internet service providers reason they are raising the issue of the he got close enough to the shore to get or broadband providers, but those busi- unfunded mandate and supporting a off the boat, he got off the boat, and nesses are still subject to State prop- point of order against this bill because before the enemy had time to fire the erty taxes, sales taxes, capital gains of the so-called unfunded mandate is second rocket, they were killed by Sen- taxes, and all of the other taxes that precisely because of those States that ator JOHN KERRY. This is the reason he are levied broadly and uniformly with- are collecting the tax today. was given his first Silver Star. in a State. If you support striking this bill on The Bronze Star was awarded when Second, the suggestion was made the unfunded mandate, then you are ef- again his boat was hit from shore. One that we are writing State law here, and fectively standing up for those States, crewman was blown off the craft in the that is simply wrong. This is an item cities, towns, and counties that are water. They were taking fire at this and an interest and issue of interstate taxing the Internet today. That should time. Senator KERRY, even though he commerce. Just as the Federal Govern- not be allowed to continue. It is not was injured—his right arm was bleed- ment exercises its prerogative to clar- good for our economy, and it is cer- ing badly—directed fire toward the ify legislation with regard to other tainly not the right incentive to create enemy, got the swift boat close enough interstate commerce activities, such as if we want to ensure broadband reaches to the man in the water, and he person- shipping, trucking, railroads, or avia- throughout the country. ally pulled the man out of the water. tion, the national and global Internet The PRESIDING OFFICER. The Sen- These are, in synopsis, the two acts broadband communication system that ator’s time has expired. of heroism for which Senator KERRY has been established by entrepreneurs Mr. SUNUNU. Mr. President, I ask was decorated. He was decorated with over the past 15 years ought to, at unanimous consent that when the Sen- the Silver Star and the Bronze Star. He some level, be protected from multiple ate resumes debate on the motion to was, of course, also given three Purple and discriminatory regulations and proceed at 2:15 p.m., the debate time be Hearts. Purple Hearts are given when taxation because of its importance to allocated as follows: 20 minutes to Sen- someone is injured in battle. interstate commerce. ator ALEXANDER, 20 minutes to Senator There is no question that what JOHN We are writing Federal law here, not DORGAN, 20 minutes to Senator KERRY did in Southeast Asia, specifi- State law. I think it is a little bit dis- MCCAIN. I further ask unanimous con- cally in Vietnam, was heroic. That is ingenuous to suggest we are writing sent that the Senate now recess until why he was given these medals. I think State law and to raise concerns about 2:15 p.m., subject to the previous order. it is outrageous for people to criticize us writing State law, when in fact, Mr. REID. Mr. President, reserving his military service to our country. when this bill is dispensed with—and I the right to object, what this does for It is obvious this administration hope passed and signed into law—the Members and staff, so they fully under- knows America loves a war hero, and very opponents of this bill who said stand, is this adds 20 minutes to the de- JOHN KERRY is a war hero. So what they are worried about us writing bate. That is all it does. I ask my does the administration do? They do State law will come right back to the friend modify his unanimous consent everything they can to denigrate this floor of this Senate and support legisla- request to allow me to speak as in fine man rather than talk about policy tion to authorize States to collect morning business, and following my re- in Iraq, tax policy, environmental pol- taxes from businesses that do not re- marks, we will go into our normal icy, economic policy, and health care side or have facilities or domiciles in Tuesday recess. policy. I think it is wrong that they those States. Mr. SUNUNU. Mr. President, I have are doing this, and I think they should Many opponents of this bill also want no objection to that request. get back to talking about the issues the Federal Government to authorize The PRESIDING OFFICER. Without that are important. the collection of taxation from busi- objection, it is so ordered. The Senator America knows JOHN KERRY is a war nesses outside of their States, which is from Nevada. hero. No matter how many times the not only an intervention in States’ f Vice President speaks at universities rights or State laws, but it is effec- criticizing JOHN KERRY’s military tively an authorization of taxation MILITARY RECORD OF SENATOR JOHN KERRY record, you cannot take away the without representation because the facts. He was presented by the military residents of those States will then have Mr. REID. Mr. President, I had the authorities of our country two medals to remit taxes to other States in which good fortune a week ago this past Sat- for heroism. They speak for them- they do not have a voice. urday to be in Las Vegas. At that time, selves. We will have that debate and discus- I spoke about the military record of Senator JOHN KERRY. In fact, I not only sion. Some will support that process; f some will oppose that process. But the spoke about the military record of very opponents of this bill who raise JOHN KERRY, but I read verbatim from the concern about writing State law the two citations for heroism he re- RECESS will come back and ask for that very ceived. The PRESIDING OFFICER. Under power to be authorized and approved by The first citation for heroism he re- the previous order, the Senate stands the Congress because only Congress ceived was presented to him by Admi- in recess until 2:15 p.m. can give States that power. ral Zumwalt. In that citation, it talked Thereupon, the Senate, at 12:37 p.m., I think there is a little bit of a mixed about what Senator KERRY did to earn recessed until 2:15 p.m. and reassem- message here looking for an argument the Silver Star. In effect, what he did bled when called to order by the Pre- that might seem to be useful in stop- is as follows: siding Officer (Mr. VOINOVICH).

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2004 CONGRESSIONAL RECORD — SENATE S4397 INTERNET TAX NONDISCRIMINA- S. 150 would take away from States and noon and we read it carefully last TION ACT—MOTION TO PRO- localities. night, and I sent him a letter which he CEED—Continued I respectfully submit that the rel- got just a little while ago. I tried to The PRESIDING OFFICER. In my atively small impact that the com- say to him my thanks for it. I identi- capacity as the Senator from the State promise amendment would have on fied four areas which are the principles of Ohio, I suggest the absence of a States and local revenues would stem he just talked about that I see as con- quorum. primarily from our wish to treat all cerns and four ways to fix the prob- The clerk will call the roll. States equally under this moratorium. lems. The assistant legislative clerk pro- Still, to accommodate the States that He then asked me if I would be will- ceeded to call the roll. were taxing the Internet in 1998 when ing to offer an amendment to fix the Mr. REID. Mr. President, I ask unan- the moratorium was first enacted, the problems, and I am preparing such an imous consent that the order for the amendment would propose to give amendment to do that. But maybe we quorum call be rescinded. those States 3 more years of Internet can speed that up. Let me go through The PRESIDING OFFICER. Without access tax revenues. The compromise the points he made and say where I objection, it is so ordered. amendment would even permit those have concern. Mr. REID. Mr. President, there is a States that were not originally grand- The first problem with the most re- quorum call in effect at this stage. How fathered but that nevertheless have cent McCain proposal is the definition. is the time being charged? begun taxing Internet access 2 years of The definition is basically the same The PRESIDING OFFICER. The time additional revenue. definition as in the last proposal, is not being charged. The NGA has also asked for clarity in which is the Allen-Wyden bill. It does Mr. REID. I ask unanimous consent the definition of Internet access. I not simply extend the moratorium on that the time be charged equally agree that there should be clarity in State and local taxes on Internet ac- against the three who will control this matter. To that end, the com- cess; it broadens the definition to in- time. promise amendment provides as plain- clude business taxes State and local The PRESIDING OFFICER. Without ly as possible that it would not pro- governments collect, and those busi- objection, it is so ordered. hibit States and localities from taxing ness taxes amount to a half billion dol- Mr. REID. I suggest the absence of a traditional telephone services, voice lars a year. That is the first problem. quorum. services that use the Internet, and How would we fix it? We would fix it The PRESIDING OFFICER. The other services that use the Internet. by adopting the narrower definition of clerk will call the roll. The amendment also makes clear that the Alexander-Carper amendment The assistant legislative clerk pro- e-mail could not be taxed by the com- which was introduced 6 months ago ceeded to call the roll. promise amendment. Once again, I with 11 bipartisan sponsors, or we Mr. MCCAIN. Mr. President, I ask have respected another core principle could go to the original definition that unanimous consent that the order for of the NGA in the matter. was in the 1998 moratorium. the quorum call be rescinded. And finally, the NGA seeks a tem- Let’s remember what we are talking The PRESIDING OFFICER. Without porary, rather than a permanent exten- about here. Everybody is saying we objection, it is so ordered. sion of the moratorium under the have had a moratorium since 1998 that Mr. MCCAIN. Mr. President, how premise that, as the association and says, let’s not allow State and local much time remains? Senator ALEXANDER say ‘‘A temporary governments to tax Internet access. The PRESIDING OFFICER. The Sen- solution is better than permanent con- Certainly access is a very little thing. ator has 181⁄2 minutes. fusion.’’ The compromise amendment It was just the connection between you Mr. MCCAIN. Mr. President, I yield would extend the moratorium for a pe- and AOL at the time it was passed. myself 4 minutes. riod of 4 years from November 1, 2003. Now it is the connection between you Mr. President, I have here in my Simply put, anything shorter would and a variety of people—maybe the hand a document prepared by the Na- put us back on this floor debating this connection between you and your tele- tional Governors Association that ex- measure right after it is signed by the phone company providing high-speed presses support for extending the Fed- President. eral ban on State and local taxation of So I remind my colleagues: What I Internet access, your cable company Internet access, so long as the morato- will offer today does very clearly ad- providing high-speed Internet access, rium respects three principles. One: Do dress the concerns raised by the NGA or it may be between you and no harm to State and local revenues. and other State and local groups. I DIRECTV providing high-speed Inter- Two: Be clear about what services are hope, therefore, that my colleagues net access, or in Manassas, VA, they covered by the moratorium to ensure will support me in passing this reason- provide it to you by the electric com- that voice services and other services able compromise. pany. So it is just you and your pro- that use the Internet are excluded from I yield the floor. vider. the scope of the moratorium. Three: The PRESIDING OFFICER. The Sen- The problem with this definition—it Stay flexible by extending the morato- ator from Tennessee. is the same problem with the definition rium temporarily. These are the same Mr. ALEXANDER. Mr. President, I of the distinguished Senator from Vir- principles that Senator ALEXANDER and thank the Senator from Arizona for his ginia—is that it broadens that, not to others have stated they want to re- courtesy, his hard work, and his meet- include just the end user and the pro- spect. ings on a complex issue, about which vider, but the business taxes, the whole I agree with these principles, which there are differences of opinion. People process. It would be as if we were to is why I will offer today a compromise might wonder why are we having a say, OK, we want to pass a Federal law amendment to S. 150, the Internet Tax hard time agreeing. One of the reasons saying in Virginia and Arizona and Non-discrimination Act. is we have a difference of opinion, Tennessee you can’t tax hybrid cars. The amendment would ensure that a which I will talk about in a minute. A You can’t collect State taxes on hybrid significant portion—in fact, an over- second is that sometimes even when we cars because that will help clean the whelming portion—of State and local agree, when we sit down and try to air. We will pass a Federal law: No telecommunications services tax reve- write down what we agree on, we then State tax. But not just the sales tax on nues would remain protected. This disagree. the hybrid car, also on the sales taxes means that almost $20 billion of rev- I am not sure if that is because we that might apply to the supplier tier 1, enue would not be impacted by the pro- don’t agree, or because our staffs have supplier tier 2, supplier tier 3, and all posal that I support. I would contrast missed the boat, or because we Sen- the way back to the supplier of steel this with the $18 billion that the NGA ators are not as wise as we should be. for the raw material. claims the version of S. 150 that passed But let me be responsive to Senator That is the first problem. It is the in the House last year would cost State MCCAIN, because he has come to the same old definition, and that is the big- and local governments, and the almost table with a specific proposal. I appre- gest problem. The fix would be just, if $12 billion that the association claims ciate that. We got that yesterday after- all we are doing is extending the 1998

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4398 CONGRESSIONAL RECORD — SENATE April 27, 2004 moratorium another 4 years so Con- time the moratorium ends, whenever like to work with Senator MCCAIN to gress can work on this comprehen- that ends. resolve those last four differences. I sively, why don’t we use that defini- Those are four points, and that is not look forward to the opportunity of tion? That would be No. 1. many points. If they were all fixed, I joining with him, Senator ALLEN, and No. 2, Senator MCCAIN says and Sen- could go for the bill, and maybe some Senator WYDEN in coming to a result ator ALLEN said in a debate we had at other people could as well. quickly this week. Heritage—and if I am misrepresenting Let me conclude with this, and I will Mr. WYDEN. Mr. President, will the their point of view, I hope they will be glad to yield to someone else, in- Senator yield? correct me—that it was not the intent cluding Senator WYDEN. Mr. ALEXANDER. Yes. of their legislation to stop States from The reason I am on the floor has Mr. WYDEN. I appreciate the Sen- taxing telephone services, including nothing to do at all with the Internet. ator yielding. He has been very gra- telephone calls made over the Internet. It has everything to do with my view of cious. It was not their intention to preclude federalism. I do not think we should be Mr. ALEXANDER. I yield on the Sen- State and local governments from tax- passing laws that cost money and send ator’s time. ing telephone services including tele- the bill to State and local govern- Mr. MCCAIN. Mr. President, I yield 3 phone calls made over the Internet. ments. I think we promised not to do minutes to the Senator from Oregon. I would respectfully submit if that is that. Mr. WYDEN. Mr. President, I want to their intention, the newest McCain The way I read Senator MCCAIN’s ask the Senator a question because I proposal does not do that. Perhaps, if proposal is it costs at least $1⁄2 billion have the sense that the Senator from he doesn’t intend to do that, our staffs a year to State and local governments Tennessee thinks we ought to just use could meet and we could work that with his view of the definition. If the the 1998 definition of Internet access. Is out, or I could offer an amendment to telephone language isn’t fixed, it is $3 that correct? Is that what the Senator try to fix it. If I were offering an billion to $10 billion a year, according from Tennessee is saying? amendment, it would simply say: Noth- to the Congressional Budget Office. Mr. ALEXANDER. I thank the Sen- ing in this act would preclude State The grandfather clauses which exist at ator for his question. I suggest that the and local governments from taxing least in 27 States today where they are 1998 definition is a better definition telephone services, including telephone collecting taxes on Internet access are than the one in the latest McCain pro- calls made over the Internet. $200 million or $300 million a year. posal. The best definition is in the That is the second issue. That is a Those are significant dollars. Alexander-Carper compromise in De- big issue because certain local govern- I wish I could find a more effective cember, but in the interest of trying to ments collect $18 billion a year in way to say this. If we want to give an- get to a result, I could vote for either State and local taxes. We may not like other subsidy to high-speed Internet one of those two definitions. that but that is what they do. They access, which is the most rapidly grow- Mr. WYDEN. What concerns me is choose to do that in Tennessee and ing technology in America, according that both the 1998 definition and the Texas instead of imposing a State in- to the New York Times of last week, proposal of the Senator from Tennessee come tax. They prefer to do that in- and which has $4 billion in Federal sub- essentially discriminates against the stead of putting a higher tax on food. sidies and subsidies from every State, future because the future is about That is their decision. I don’t think we if we want to give one more subsidy to broadband, particularly for rural areas, intend by this bill which purports to this business, then why don’t we pay for job creation, and highly skilled just extend the Internet access morato- for it? Why don’t we pay for it instead jobs. If you use the 1998 definition, or rium to decide the huge question of of sending the bill to local govern- essentially the Senator’s proposal for whether State and local governments ments? I am afraid this compromise just Internet access—I emphasis that is should be permitted to tax telephone doesn’t do that. all we are talking about, Internet ac- calls. Senator SUNUNU has a bill on the I have mentioned this several times. cess—what you will have is a situation subject. He has done that in the normal I would like to mention it again. I am where folks could get Internet access order, and it will be considered by the preparing an amendment on this. through cable and those folks end up Commerce Committee of which Sen- President Bush’s plan in 1999 when he essentially getting a free ride. But if ator MCCAIN is chairman. That is the was Governor of Texas exempted the you get the Internet access and future place for that. That is No. 2. Maybe first $25 that you pay on high-speed DSL, you are going to get taxed. that is just a misunderstanding. If we Internet access. It was exempted from That is why Senator MCCAIN and I both want the same thing, we ought to taxation in Texas. That might cost you and others would like to essentially be able to write that down. Senator $1 to $3 a month. That is what we are continue the 7-year path we have had ALLEN and I have trouble in doing that. talking about. which is to promote technological neu- Mr. WYDEN. Mr. President, will the Everybody in Manassas, VA, can get trality—not to advantage one tech- Senator yield? high-speed Internet access for $25 from nology against another. Mr. ALEXANDER. I would like to their electric company. On the question of Internet access, finish with the other points, and then The Governors, State and local gov- which is what the President talked of course I will. ernments asked us to pass the Texas about yesterday where he said he The other two points are on duration. plan—to pass the Bush plan. But we are doesn’t want to see Internet access get Four years is better than permanent, insisting on passing another plan that taxed, that is what is in the McCain and I thank the Senator for that. But 4 doesn’t benefit the consumers. It bene- proposal. That is what I was trying to years is a long time. We don’t need fits the most highly subsidized tech- do. Unfortunately, that is not in the more than 15 months or 2 years for the nology company that I can find, if we Senator’s proposal or in the 1998 defini- Commerce Committee and the Con- have time—and we will have time tion. gress to look at this in a comprehen- later—I have a book called ‘‘The Na- What will happen is this country will sive way. tion of Laboratory Broadband Policy have the technology policy that dis- What I am afraid of is once we make Experiences in the States.’’ It details criminates against the future and dis- a fix here it will never get out of the all of the wonderful State and local criminates against the field in which it law. And if we get the wrong definition subsidies that are now being granted in is going to create highly skilled jobs. in here, or if somehow I am right but I addition to the $4 billion. By the way, cable isn’t going to be am defeated and the result is that we Put the subsidies aside. My major serving those rural areas. It is going to really do ban State and local govern- concern is if we want to impose a cost be broadband and DSL which serves ments from collecting taxes on tele- on State and local governments, we them. phone services, then we will have driv- should not break our promise of 1995, I very much appreciate the Senator en a hole through State and local budg- which was: No money, no mandate. If from Arizona yielding me this time. We ets that we didn’t intend. we break our promise, throw us out. have clarified an important concept. Finally, on the grandfather clauses, I I am afraid that the McCain sub- Both in the 1998 definition that the think they should all end at the same stitute breaks the promise. I would Senator from Tennessee said he would

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2004 CONGRESSIONAL RECORD — SENATE S4399 be for or his compromise, in my view, I yield the floor. whether those concerns are valid in the would have the Senate taking a posi- The PRESIDING OFFICER. The Sen- view of a majority of the Senate. I look tion with respect to the future of the ator from Arizona. forward to seeing and debating and vot- Internet and with respect to the future Mr. MCCAIN. Mr. President, I yield 2 ing on these amendments. of technology that would not be in the minutes to the Senator from Oregon. The PRESIDING OFFICER. The Sen- public interest. The PRESIDING OFFICER. The Sen- ator from Tennessee. I thank my colleague from Arizona ator from Oregon. Mr. ALEXANDER. Mr. President, for yielding me the time. Mr. WYDEN. Mr. President, again, I how much time do I have remaining? I wrap up by way of saying I am want to make it clear to the Senator The PRESIDING OFFICER. Four going to continue to work with the from Tennessee, I am anxious to work minutes. Senator from Tennessee who has been with him. But what we have seen, es- Mr. ALEXANDER. Mr. President, I very thoughtful and generous with his sentially, in this iteration of the de- thank the Senator from Arizona and time. We can find a common ground. bate, is a dusting off of the same argu- look forward to doing that. I yield the floor. ments we have heard on the floor of the If I may continue the discussion for a The PRESIDING OFFICER. Who Senate in the past, that somehow this moment with the Senator from Oregon, yields time? is going to result in extraordinary the reason State and local govern- Mr. ALEXANDER. Mr. President, losses of revenue. ments did not lose much money in the how much time do I have? For example, in 1997, we were told by last few years from the moratorium on The PRESIDING OFFICER. Six and a number of the organizations at the State and local taxation is because, one-half minutes. State and local level that this was one, there was a very narrow defini- Mr. ALEXANDER. Mr. President, I going to produce massive losses of rev- tion—narrower than the one this latest wish to make two points to the Sen- enue. In fact, the exact quote is: Our proposal and your proposal makes. You ator from Oregon who has worked hard efforts, the efforts of Senator MCCAIN broaden the definition to include the on this legislation from the very begin- and I, and others, in 1997, would lead to whole Internet access backbone. You ning. He is an original cosponsor. a collapse of the State and local rev- are not just talking about the connec- No. 1, he is right about the 1998 defi- enue system. The very next year, the tion between the end user and provider; nition. It isn’t high-speed Internet ac- year after we passed our first morato- you are talking about this backbone. cess. There is a difference between the rium on multiple and discriminatory You are talking about the normal busi- way high-speed Internet access offered Internet taxes, we saw revenue go up $7 ness taxes that any other business over a telephone line and high-speed billion. So we have had essentially all would pay. Internet access offered over a cable is of these dire projections, these calami- The other thing is, high-speed Inter- treated. tous projections year after year—and I net access really had not arrived 5 or 6 But there are two solutions to that. put them all in the RECORD—and they years ago. It has arrived today. It is One is, the Ninth Circuit just solved have not come to pass. the fastest-growing technology. If we the problem—the Ninth Circuit Court The reason they have not come to make a mistake on the telephone sec- of Appeals—by treating them the same. pass is that nobody is talking about tion of this bill, we will drive a Mack Now that is on appeal to the Supreme the Internet getting a free ride. All we truck through State and local govern- Court. So whatever we do here might have said, from the very beginning, is ments, and we can rename this bill the be changed by the courts. That is why that under this legislation you have to ‘‘Higher Local Property Tax’’ bill of we need a short moratorium, so Sen- treat the online world like you treat 2004 or the ‘‘State Income Tax Bill in ator MCCAIN’s committee and your the offline world. Tennessee’’ or the ‘‘State Income Tax committee can go into a comprehen- When I came to the floor of the Sen- Bill in Texas,’’ because if you take sive look and solve this whole problem ate with the distinguished chairman of away hundreds of millions of dollars over the next 2 years. We are ready to the Commerce Committee on this more from State and local governments—or do that. The FCC is ready to do that. than 7 years ago—and folks probably billions of dollars eventually—they The second answer is, the Alexander- found this subject even more difficult have to look for another source of rev- Carper amendment endeavors to treat then than they do now; I know that is enue. They may cut government some, all providers of high-speed Internet ac- hard to believe—we said: Look, if you but they will have to look for another cess the same. It is the best we can do buy the newspaper—essentially ‘‘snail source of revenue. We should be neutral from here. If the courts and the FCC do mail’’—you are not paying any taxes, about it. Ronald Reagan, the Repub- something in addition to that, we can- but if you buy the newspaper in the lican Party—we have stood on the no- not control it. interactive edition, you pay a tax. tion that we would return more respon- Finally, I am concerned about the That was discriminatory. All we have sibility, return more decisionmaking digital divide, too. But if power compa- tried to do over the last 7 years is es- to local governments. nies are going to be offering high-speed sentially keep that principle in place I urge my colleagues to look care- Internet access in Manassas, VA, which and allow it to evolve with the tech- fully at this legislation and vote for they do for $25 a month—thanks to the nology. So for 7 years this has been something that does no harm to State Rural Electrification Association, ev- about technology neutrality and deal- and local governments, and vote for erybody is going to have high-speed ing with these questions of State and something that gives the Commerce Internet access available to them if local finance. The States have not lost Committee a short time to figure this they have an electric wire to their money as a result of our making sure out properly, and vote for something house. If they do not, DirecTV will sell that you are not going to see multiple that does not give an unnecessary ben- it to them from the sky, or their tele- and discriminatory taxes on Internet efit, unnecessary subsidy to what I phone company will sell it to them, or access. judge to be already the most heavily their cable company will sell it to Mr. President, I yield the floor. subsidized and fastest growing new them. Yet another way may be in- The PRESIDING OFFICER. The Sen- technology existing in the United vented. ator’s time has expired. States today. So I do not think we have any prob- Mr. MCCAIN. Mr. President, I yield I yield the floor. lem with encouraging high-speed Inter- myself 1 minute. Mr. MCCAIN. Mr. President, how net access. It is the fastest growing The PRESIDING OFFICER. The Sen- much time remains? technology in America today. It is the ator from Arizona. The PRESIDING OFFICER. The Sen- most heavily subsidized. They are giv- Mr. MCCAIN. Mr. President, I appre- ator from Arizona has 9 minutes, the ing it away in LaGrange, GA, and only ciate the letter from the Senator from Senator from Tennessee has 1 minute about half the people will take it. It is Tennessee. My understanding is, he has 15 seconds, and the Senator from North coming. It is available. But if we are four major concerns. I hope to work Dakota has 181⁄2 minutes. going to give any kind of subsidy, let’s with him to resolve these concerns. If The Senator from North Dakota. pay for it here. Let’s not send the bill not, I hope we will see amendments and Mr. DORGAN. Mr. President, it is ob- to State and local governments. let the Senate work its will as to vious from the most recent discussion

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4400 CONGRESSIONAL RECORD — SENATE April 27, 2004 between my colleagues—Senator ALEX- or almost no one pays the use tax. So common ground thought it was impor- ANDER, Senator WYDEN, and others— there is a substantial amount of money tant early on to begin efforts to find that if this had been easy to fix, it being lost to State and local govern- some areas of agreement that would would have been fixed. ments for the support of schools and bring the sides together. Let me out- I talked to Senator MCCAIN last other services. line 10 particular areas of compromise evening before we broke, and we talked In addition, the folks on Main Street we have essentially offered in the man- a bit about the process that brought who actually sell the product from agers’ proposal. this bill to the floor of the Senate. This their storefront must charge the tax, I, for example, strongly believe there bill came from the Commerce Com- and their competitor over the Internet should be a permanent ban on multiple mittee. We tried, during the markup in sells without charging a tax. So there and discriminatory taxes on Internet the Commerce Committee, to reach an is a competitive issue that is a problem access. But in the name of trying to agreement about the definition. The for local businesses as well. But the find a compromise, now we have a 4- definition is really the critical piece issue Senator ENZI and I and many oth- year moratorium. We have a 3-year here, and we were not successful in the ers are concerned about and want to fix phaseout of the grandfather clause. committee. is not a part of the discussion. This is This was something that was impor- We agreed, when we reported it out of a narrower discussion about the mora- tant to the States. We have a 2-year the Commerce Committee, that we torium that previously existed with re- grandfather of taxes on DSL. Again, as would continue to work to try to see if spect to the imposition of a tax on the I talked earlier, that is the technology we could find an acceptable definition connection to the Internet. I have no of the future. that would represent a compromise. disagreement with respect to the goals A fourth compromise reflects the Frankly, we did that. Senator MCCAIN of those who want to prevent taxing concern about voiceover. What we have kept his word. We all continued to talk ‘‘the Internet connection’’ in order not done is clarified that our legislation is and work to see if, before we brought to retard the growth of broadband and not going to affect taxation of voice this bill to the floor, we would have the buildout of the infrastructure. We communication services utilizing the that agreement. But the fact is, we did have no disagreement about that. I voiceover Internet protocol. We have not reach an agreement. So now we support the moratorium. I supported clarified the taxes that would be cov- have very differing views about exactly the previous moratorium. Again, it is ered, addressed a number of concerns how we should proceed. of little matter to me whether it is 1 the States had with respect to income For my purpose, it does not matter year or 5 years or even longer. and property taxes. We want to make to me whether the moratorium is 1 What is of great moment to me is sure those taxes, those opportunities year, 2 years, 5 years. That is much less how this definition is written. Because for State and local revenue are pro- relevant to me than the question of if it is written inappropriately, there tected. We clarified the House language on this definition, of exactly what cannot could be a very significant set of unin- DSL which was something State and be taxed, exactly what we are doing tended consequences that could be very local groups complained was too open- with the definition, exactly what con- costly to State and local governments sequences that definition would have ended and vague. and to their ability to fund education With respect to the bundling of serv- on State and local revenues, and on the and other matters. ices, States and localities asked for a taxation of certain products and serv- In summary, what I say is this: The clear and uniform accounting rule. We ices. The determination of how we cre- bill is on the floor at the moment. One protected universal services. We pro- ate a definition that represents the in- of the central pieces of the bill is at tected e-911 taxes, and we also made terests that all of us want is what is this point in great dispute. Unless we clear nontax regulatory powers would critical. At this point, we have been can find a way to negotiate a com- not be affected. unable to do that. promise on that definition, my guess is I thank the chairman for this time. I So my hope would be that while this this legislation will not advance. I only wanted the Senate to know that bill is on the floor of the Senate, we would prefer that it does advance. I as you tried to bring both sides to- can find a way to reach a compromise hope we can find a compromise in the gether, there were 10 specific areas of that is satisfactory. At this point, I coming hours and days so that we write compromise that were offered. I thank would not support the underlying bill this definition in a manner that ex- him for the time. that is on the floor with the definition presses the intent of the Senate and Mr. MCCAIN. Mr. President, how as it currently exists. But what we are able to move the legislation for- much time do I have remaining? ought to do is find a way by which we ward. The PRESIDING OFFICER. Six min- create a definition that does exactly I yield the floor and reserve the re- utes 40 seconds. what the Senate wants it to do, with- mainder of my time. Mr. MCCAIN. Mr. President, I reserve out being broader than is necessary to The PRESIDING OFFICER. Who 5 minutes for the Senator from Vir- substantially erode the revenue base yields time? ginia when he arrives. I yield the floor. that now exists with State and local Mr. DORGAN. Mr. President, I sug- The PRESIDING OFFICER. Who governments. I think that is possible, gest the absence of a quorum and ask yields time? The Senator from North but it is not easy. unanimous consent that the time be Dakota. Listening to the discussion of Sen- equally charged to both sides. Mr. DORGAN. Mr. President, I yield ator ALEXANDER and Senator WYDEN The PRESIDING OFFICER. Without myself such time as I may consume. and others demonstrates this is very objection, it is so ordered. Let me, in response to my colleague complicated. It happens I have worked The clerk will call the roll. from Oregon, say once again I believe in this area for some while because of The assistant legislative clerk pro- we ought to pass this legislation deal- the issue Senator ENZI and I have ceeded to call the roll. ing with a moratorium. There might be worked on, which is not a part of this Mr. WYDEN. Mr. President, I ask 5, 10, 15, or 50 areas in which we have discussion today, but the one in which unanimous consent that the order for worked to try to reach compromise. I we talk about the issue of the con- the quorum call be rescinded. don’t know the exact number, but I sumption tax that exists when you buy The PRESIDING OFFICER. Without would not dispute that. I simply say a product, for example, from a catalog, objection, it is so ordered. again: The problem remains the defini- from a remote seller, or perhaps over Who yields time? tion of what is determined to be in the the Internet. When you purchase that Mr. WYDEN. I believe this time law that represents the moratorium product over the Internet or from a should be taken from the time allo- impact; that is, what is the definition catalog, you actually owe a tax; you cated to Chairman MCCAIN. of the Internet service? What exactly just don’t pay it. Nobody pays that tax The PRESIDING OFFICER. Without are you precluding from a State and or almost no one pays the tax. It is objection, it is so ordered. local tax base? Is it now taxed? Would called a use tax. Mr. WYDEN. Mr. President, Chair- it be taxed in the future. It is obviously The use tax is applied when the sales man MCCAIN, I and others who have very complicated. If it were not com- tax is not collected. But no one pays, worked on this effort to try to find plicated, I believe Senator ALEXANDER

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2004 CONGRESSIONAL RECORD — SENATE S4401 and Senator ALLEN and Senator VOINO- cially small towns and rural areas. In The PRESIDING OFFICER. The Sen- VICH and others would have long ago the event there is a shorter duration, ator from North Dakota has 10 minutes reached a compromise. But that has then that means it is less likely that 45 seconds. The Senator from Arizona not been the case. there will be stability, predictability, has 1 minute 26 seconds. The Senator Perhaps one of the things we could do and confidence that the laws will stay from Tennessee has 1 minute 15 sec- during this discussion and the ensuing the same. Anyone, even those with a onds. debate today, tomorrow, and beyond, if fourth grade education—at least those Mr. DORGAN. Mr. President, I think that is what it takes, is at least begin students who have the benefit of Vir- we are probably ready to go to the bill. to understand exactly what is in the ginia’s standards of learning—will un- Let me make a point, however, with re- compromise that is being proposed and derstand that if you tax something, spect to my colleague from Virginia. what is in the legislation that has been fewer people will be able to afford it. Look, once again, there is no dis- offered by Senator ALEXANDER and The question before the Senate is agreement in this Chamber about the Senator CARPER in their 2-year morato- whether we want to have Internet ac- question of whether we would support rium, called S. 2084. But again, if this cess and the Internet service monthly punitive or discriminatory taxes with were easy, compromise would already bills to be burdened with, on average, respect to the Internet. The answer is, have been reached. It is not easy. It is about a 17-percent tax, as is the case on of course not. I don’t care how long the very complicated and difficult and hard telephone bills. Senator WYDEN, my- moratorium is for. Let it be forever, as to understand. self, and many others believe that if we far as I am concerned. That is not the I have been in a good number of want more people to have access to issue. The issue with the legislation meetings in which it appears to me vir- broadband and the Internet, then the proposed is what kind of definition ex- tually everyone, including myself, best way is not to burden it with regu- ists, and what will the impact of that failed to understand what we were de- lations or taxes. This is particularly definition be on the revenue base of the bating, but we debated it aggressively true for those with lower incomes and State and local governments? nonetheless. My hope is we can do bet- those in rural areas and small towns, If we can get that definition squared ter than that this time. We have had a who need access to the ability to con- away in a thoughtful and appropriate good start with some of the discussion duct commerce, access to education, way, we ought to pass this 100–0. I re- back and forth earlier today. access to telemedicine—access to all gret that that is not the case with re- I yield the floor. forms of information, which is key to spect to the compromise offered. That The PRESIDING OFFICER. The Sen- competitiveness these days. should not surprise anybody because ator from Virginia has 5 minutes. The grandfather clause has also been this has gone on now for some months. Mr. ALLEN. Mr. President, I would changed from the bill Senator WYDEN It is complicated, and we have found it like to address this issue as it lays and I originally introduced. We wanted difficult to reach agreement or an ac- right now as we are moving to proceed, to stop those who found a loophole in ceptable compromise at this point. I and some of the misinformation, the original moratorium and started expect the likely thing to have happen mischaracterizations of where we are. taxing the backbone of the Internet. here is we will be on the bill itself and This issue is not a novel or new one for They are taxing that and, of course, ul- it will be open to amendment. We can the Senate. We have debated this in the timately the consumer has to pay for have amendments, and perhaps second committee. It has been on the floor. those taxes. We wanted to stop that degrees, and we will have discussion and votes and find out how the Senate Senator WYDEN and I were ready to roll immediately. Senator MCCAIN’s amend- with this back in November—a perma- ment gives those States greater leeway feels about the specific definitions. Again, the question of whether there nent moratorium making sure forever and gives them up to 2 years to wean should be support for a discriminatory there would not be discriminatory themselves off of this latest loophole or punitive tax on the Internet—that taxes, multiple taxes, or access taxes for taxation. For those who have been ought not to be a question. I think the for consumers on the Internet. Now we taxing prior to 1998—and many States answer to that is, no, absolutely not. get to this point and there are a lot of are still taxing—although States such Whether it is 1 year, 3 years, or 5 years, mischaracterizations. as Iowa, South Carolina, Connecticut, that is not a very big issue for me. We The Senator from Arizona, chairman and the District of Columbia, which need, in the coming hours, to focus on of the Commerce Committee, has come were grandfathered, have stopped tax- the question of, What is the right defi- up with a proposal, an amendment to ing Internet access. But other States nition? What do we intend to accom- the bill, which is not permanent. To me are continuing to do so. Senator plish, and how do we define it in a way it is not ideal. It is not perfect. But a MCCAIN’s amendment—unlike what the House did, which was stopping these that is fair to everybody? lot of what happens in the Senate fails I believe we ought to have public pol- to meet that standard of ideal and per- States from taxing instantly—gives them 3 years to wean themselves off of icy that encourages the buildout of fect. Once in a while, one has to be broadband in this country. I think it practical, pragmatic, and sometimes it. The compromise that Senator will help this country’s economy and cut back on what you think is the MCCAIN put forward, to me, is not be something that stimulates economic ideal. growth in our country. Whatever we do This amendment of the Senator from ideal; it is beneficial, though, in that at least for the next 4 years we are pro- with this legislation, I don’t want to Arizona is a 4-year moratorium rather tecting consumers from being hit with retard the growth of broadband and the than a permanent moratorium. I look these burdensome, counterproductive, development of the Internet. I think at a ‘‘Dear Colleague’’ letter from some undesirable taxes on their access to the that I speak for almost all of my col- of my colleagues, Senator CARPER and Internet. While not perfect, it is a leagues when I say that. Let’s find a Senator ALEXANDER, and they say: A measure that we can move forward way to write this definition in an ap- moratorium of 4 years, that is tanta- with. It will have the Senate on record propriate manner and that is satisfac- mount to a permanent moratorium as not being in favor of taxing access tory and move ahead. At this point, it while they argue for a 2-year extension to the Internet, but rather on the side hasn’t been done even with the com- of a moratorium. of the consumers, on the side of free- promise. We have much work to do to Well, if 4 years is permanent, I guess dom, and on the side of opportunity. reach that point. whoever gets elected President next Mr. President, how much time do I Mr. President, I ask, does the Sen- year is going to be there permanently; have remaining? ator from Tennessee seek time? Senators with a 6-year term, that must The PRESIDING OFFICER. The Sen- Mr. ALEXANDER. Yes, I seek 30 to 45 be ad infinitum. Four years is tem- ator has used 5 minutes. seconds. porary; it is not ideal. I would prefer it Mr. ALLEN. Therefore, I yield the The PRESIDING OFFICER. The Sen- to be permanent, and the reason I floor. ator from Tennessee is recognized for would like it to be permanent is be- The PRESIDING OFFICER. Who 45 seconds. cause companies have to invest mil- yields time? Mr. ALEXANDER. Mr. President, I lions, tens of millions of dollars, if they Mr. DORGAN. Mr. President, how want to simply echo what the distin- are going to get broadband out, espe- much time remains on each side? guished Senator from North Dakota

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4402 CONGRESSIONAL RECORD — SENATE April 27, 2004 said. I am perfectly willing and pre- Stabenow amendment No. 2141 (to amend- ices, except to the extent such services are pared to vote for a short-term ban on ment No. 2136) to express the sense of the purchased, used, or sold by a provider of State and local taxation of pure Inter- Senate that the White House and all execu- Internet access to provide Internet access.’’. (2) INTERNET ACCESS.—Section 1104(5) of net access, and I have been ready to do tive branch agencies should respond prompt- ly and completely to all requests by Mem- that Act is amended by striking the second that since December. So I am for that. bers of Congress of both parties for informa- sentence and inserting ‘‘The term ‘Internet I can step over here and take my purist tion about public expenditures. access’ does not include telecommunications position and give you a long argument services, except to the extent such services The PRESIDING OFFICER. The Sen- are purchased, used, or sold by a provider of on why we don’t need to do that and ator from Arizona. make that kind of subsidy, but I know Internet access to provide Internet access.’’. AMENDMENT NO. 2136 WITHDRAWN SEC. 3. GRANDFATHERING OF STATES THAT TAX there are 100 Members here and we all INTERNET ACCESS. have to pitch in. I am ready to do that. Mr. MCCAIN. Mr. President, I now withdraw the pending substitute The Internet Tax Freedom Act (47 U.S.C. All we have to fix in the McCain pro- 151 note) is amended— posal is the definition, which the Sen- amendment No. 2136. (1) by redesignating section 1104 as section The PRESIDING OFFICER. The Sen- ator has just mentioned. We have to 1105; and ator has a right to withdraw the make clear, in my view, that nothing (2) by inserting after section 1103 the fol- amendment. lowing: in this bill should preclude State and AMENDMENT NO. 3048 ‘‘SEC. 1104. GRANDFATHERING OF STATES THAT local governments from taxing tele- TAX INTERNET ACCESS. C phone services, including telephone Mr. M CAIN. Mr. President, I send a ‘‘(a) PRE-OCTOBER 1998 TAXES.— calls made over the Internet. That is new substitute amendment to the desk. ‘‘(1) IN GENERAL.—Section 1101(a) does not two. The short term is three. I prefer 2 The PRESIDING OFFICER. The apply to a tax on Internet access that was years, not 4 years. The fourth item is clerk will report. generally imposed and actually enforced prior to October 1, 1998, if, before that date, the grandfather clause, which ought to The assistant legislative clerk read as follows: the tax was authorized by statute and ei- be easy to fix. They ought to end at the ther— same time the moratorium ends. So The Senator from Arizona [Mr. MCCAIN] ‘‘(A) a provider of Internet access services that is not many points of difference— proposes an amendment numbered 3048. had a reasonable opportunity to know, by the definition, telephone calls over the The amendment is as follows: virtue of a rule or other public proclamation Internet, and the term of the grand- (Purpose: To extend the moratorium on made by the appropriate administrative agency of the State or political subdivision father clause. taxes on Internet access and multiple and discriminatory taxes on electronic com- thereof, that such agency has interpreted The PRESIDING OFFICER. Who and applied such tax to Internet access serv- yields time? merce imposed by the Internet Tax Free- dom Act for 4 years, and for other pur- ices; or ‘‘(B) a State or political subdivision there- Mr. DORGAN. Mr. President, my un- poses) derstanding is that Senator MCCAIN is of generally collected such tax on charges for SECTION 1. SHORT TITLE. just off the Senate floor and will be re- Internet access. This Act may be cited as the ‘‘Internet Tax ‘‘(2) TERMINATION.—This subsection shall turning in a moment. Until he returns, Nondiscrimination Act’’. not apply after November 1, 2006. I suggest the absence of a quorum. SEC. 2. FOUR-YEAR EXTENSION OF INTERNET ‘‘(b) PRE-NOVEMBER 2003 TAXES.— The PRESIDING OFFICER. The TAX MORATORIUM. ‘‘(1) IN GENERAL.—Section 1101(a) does not clerk will call the roll. (a) IN GENERAL.—Subsection (a) of section apply to a tax on Internet access that was The assistant legislative clerk pro- 1101 of the Internet Tax Freedom Act (47 generally imposed and actually enforced as of November 1, 2003, if, as of that date, the ceeded to call the roll. U.S.C. 151 note) is amended to read as fol- lows: tax was authorized by statute and— Mr. DORGAN. Mr. President, I ask ‘‘(A) a provider of Internet access services ‘‘(a) MORATORIUM.—No State or political unanimous consent that the order for had a reasonable opportunity to know by vir- subdivision thereof may impose any of the tue of a public rule or other public proclama- the quorum call be rescinded. following taxes during the period beginning tion made by the appropriate administrative The PRESIDING OFFICER (Mr. November 1, 2003, and ending November 1, agency of the State or political subdivision CRAPO). Without objection, it is so or- 2007: thereof, that such agency has interpreted ‘‘(1) Taxes on Internet access. dered. and applied such tax to Internet access serv- ‘‘(2) Multiple or discriminatory taxes on Mr. DORGAN. Mr. President, how ices; and much time remains on each side? electronic commerce.’’. ‘‘(B) a State or political subdivision there- The PRESIDING OFFICER. The Sen- (b) CONFORMING AMENDMENTS.— of generally collected such tax on charges for (1) Section 1101 of the Internet Tax Free- Internet access. ator from North Dakota has 2 minutes dom Act (47 U.S.C. 151 note) is amended by 55 seconds remaining, and the Senator ‘‘(2) TERMINATION.—This subsection shall striking subsection (d) and redesignating not apply after November 1, 2005.’’. from Arizona has 1 minute 26 seconds subsections (e) and (f) as subsections (d) and SEC. 4. ACCOUNTING RULE. remaining. (e), respectively. The Internet Tax Freedom Act (47 U.S.C. Mr. DORGAN. I am prepared to yield (2) Section 1104(10) of the Internet Tax 151 note) is amended by adding at the end the back my time if that is the intention of Freedom Act (47 U.S.C. 151 note) is amended following: the Senator from Arizona. That being to read as follows: ‘‘SEC. 1106. ACCOUNTING RULE. ‘‘(10) TAX ON INTERNET ACCESS.— the case, I yield back my time. ‘‘(a) IN GENERAL.—If charges for Internet ‘‘(A) IN GENERAL.—The term ‘tax on Inter- Mr. MCCAIN. Mr. President, I yield access are aggregated with and not sepa- net access’ means a tax on Internet access, rately stated from charges for telecommuni- back my time. regardless of whether such tax is imposed on The PRESIDING OFFICER. All time cations services or other charges that are a provider of Internet access or a buyer of subject to taxation, then the charges for having been yielded back, under the Internet access and regardless of the termi- Internet access may be subject to taxation previous order, the motion to proceed nology used to describe the tax. unless the Internet access provider can rea- is agreed to. ‘‘(B) GENERAL EXCEPTION.—The term ‘tax sonably identify the charges for Internet ac- on Internet access’ does not include a tax f cess from its books and records kept in the levied upon or measured by net income, cap- regular course of business. INTERNET TAX ital stock, net worth, or property value.’’. ‘‘(b) DEFINITIONS.—In this section: NONDISCRIMINATION ACT (3) Section 1104(2)(B)(i) of the Internet Tax ‘‘(1) CHARGES FOR INTERNET ACCESS.—The Freedom Act (47 U.S.C. 151 note) is amended term ‘charges for Internet access’ means all The PRESIDING OFFICER. The by striking ‘‘except with respect to a tax (on charges for Internet access as defined in sec- clerk will report the bill by title. Internet access) that was generally imposed tion 1105(5). The assistant legislative clerk read and actually enforced prior to October 1, ‘‘(2) CHARGES FOR TELECOMMUNICATIONS as follows: 1998,’’. SERVICES.—The term ‘charges for tele- A bill (S. 150) to make permanent the mor- (c) INTERNET ACCESS SERVICE; INTERNET communications services’ means all charges atorium on taxes on Internet access and ACCESS.— for telecommunications services, except to multiple and discriminatory taxes on elec- (1) INTERNET ACCESS SERVICE.—Paragraph the extent such services are purchased, used, tronic commerce imposed by the Internet (3)(D) of section 1101(d) (as redesignated by or sold by a provider of Internet access to Tax Freedom Act. subsection (b)(1) of this section) of the Inter- provide Internet access.’’. net Tax Freedom Act (47 U.S.C. 151 note) is SEC. 5. EFFECT ON OTHER LAWS. Pending: amended by striking the second sentence and The Internet Tax Freedom Act (47 U.S.C. McCain amendment No. 2136, in the nature inserting ‘‘The term ‘Internet access service’ 151 note), as amended by section 4, is amend- of a substitute. does not include telecommunications serv- ed by adding at the end the following:

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2004 CONGRESSIONAL RECORD — SENATE S4403 ‘‘SEC. 1107. EFFECT ON OTHER LAWS. ation of the Internet in a broad variety we have not discussed the issue thor- ‘‘(a) Universal Service.—Nothing in this of ways, then the Senate should decide oughly enough. Nor are we here be- Act shall prevent the imposition or collec- to do so. If we are going to adopt this cause we have not properly defined tion of any fees or charges used to preserve compromise, then the Senate should do Internet access or otherwise ade- and advance Federal universal service or similar State programs— so. The House, as we know, long ago quately dealt with the specifics of the ‘‘(1) authorized by section 254 of the Com- passed legislation. Internet tax moratorium. We are de- munications Act of 1934 (47 U.S.C. 254); or This particular legislation, before I bating this measure because the two ‘‘(2) in effect on February 8, 1996. offered a substitute amendment, was opposing sides will not budge from ‘‘(b) 911 AND E–911 SERVICES.—Nothing in reported out of the committee 10 their positions. this Act shall prevent the imposition or col- months ago. I hope all will act together To be clear, the compromise amend- lection, on a service used for access to 911 or in good faith and try and resolve it. ment will not likely move those who E–911 services, of any fee or charge specifi- By the way, those four major dif- are firmly on one side or the other. As cally designated or presented as dedicated by ferences, as defined in the letter to me a State or political subdivision thereof for Senator VOINOVICH said yesterday, for from Senator ALEXANDER, are defini- the support of 911 or E–911 services if no por- some Members the philosophical divide tion of the revenue derived from such fee or tion, voice over IP, duration, and in this debate may be ‘‘too deep to charge is obligated or expended for any pur- grandfather clause. I hope we can ad- bridge.’’ Its purpose is only to offer a pose other than support of 911 or E–911 serv- dress each of those either, as I said, in compromise that other Members can ices. the form of negotiation or in the form vote for knowing that it strikes a rea- ‘‘(c) NON-TAX REGULATORY PROCEEDINGS.— of amendments which would be up or sonable balance between those who Nothing in this Act shall be construed to af- down. want a permanent and broad Internet fect any Federal or State regulatory pro- I have been told the majority leader access tax moratorium and those who ceeding that is not related to taxation.’’. says we are going to complete action SEC. 6. EXCEPTION FOR VOICE AND OTHER SERV- want no moratorium at all. on this bill by Thursday night late. Second, some Members who do not ICES OVER THE INTERNET. The Democrats have a retreat begin- The Internet Tax Freedom Act (47 U.S.C. want to reinstate the Internet tax mor- 151 note), as amended by section 5, is amend- ning on Friday which we all respect. I atorium have expressed their view that ed by adding at the end the following: hope we can get a lot done so we do not the amendment is not a true com- ‘‘SEC. 1108. EXCEPTION FOR VOICE AND OTHER find ourselves here at a very late hour promise; that it does not go all the way SERVICES OVER THE INTERNET. on Thursday night. to meeting their concerns about State Mr. President, I offer this amend- ‘‘Nothing in this Act shall be construed to and local revenues. I must respond to affect the imposition of tax on a charge for ment to the Internet Tax Non- them by saying the amendment is a voice or any other service utilizing Internet discrimination Act which offers, I be- compromise precisely because it does Protocol or any successor protocol. This sec- lieve, a true and fair compromise. On not completely satisfy one side or the tion shall not apply to Internet access or to one end of the spectrum are those who other. However, the amendment does any services that are incidental to Internet do not believe the tax moratorium access, such as e-mail, text instant mes- protect a significant portion of the $20 should be extended, and on the other saging, and instant messaging with voice ca- billion in tax revenues from tele- pability.’’. end are those who want to make it per- manent. This proposal, I believe, offers communications services that States SEC. 7. EFFECTIVE DATE. and localities claim they could lose as The amendments made by this Act take ef- a middle-ground alternative to this de- bate and addresses the concerns State a result of S. 150. fect on November 1, 2003. In fact, even using the most aggres- and local governments have expressed, The PRESIDING OFFICER. The Sen- sive revenue loss estimates available, while retaining some—many have said ator from Arizona. it appears what is at stake is not more too few—aspects of the bill that was fa- Mr. MCCAIN. Mr. President, this sub- than 3.5 percent of total State and vorably reported by the Commerce stitute, which I will describe in more local tax revenues from telecommuni- detail in a minute, is, I hope, a fair and Committee last year. Before I summarize the substance of cations services. In my opinion, that is true compromise between the opposing the amendment, I would like to spend a not just a compromise but a very gen- sides in this debate. At least I hope it moment addressing a couple criticisms erous concession to those who want to is viewed by a majority of the Senate that have been raised about the com- defeat the Internet tax moratorium. To as such. promise proposal. criticize this proposal at this point as I also understand there are very First, I have heard a few Members somehow not enough is just an empty strongly held views on this issue. This talk about how consideration of S. 150 exercise in moving the proverbial goal- is not the first time we have been to is moving too fast and that Members post of this debate. the Senate floor on this issue. This is and their staffs have not had adequate It seems to me the goalpost con- the third time we have had debate and opportunity to consider the substance tinues to move so much that it would votes on it, and each time it becomes of this matter. not surprise me to hear at the end of more difficult because we are talking With all due respect to my colleagues this week that some Members actually about a lot more money, a lot more in- who believe this has been a less than support a Federal law requiring States volvement, a lot more taxes and, of deliberative process, I can think of few to tax Internet access. I remind my course, as technology evolves, of great- debates recently in which Members colleagues that this debate is about er importance to America, whether it have had more time to prepare and ne- striking a balance between S. 150, the be economically, whether it be enter- gotiate. We voted the bill out of the Allen-Wyden bill, and S. 2084, the Alex- tainment, or politically. The rise of the Commerce Committee in July of last ander-Carper bill. Internet in political campaigns in year. The Finance Committee, after re- Clearly, this amendment goes a long America today is one of the most re- questing a sequential referral, dis- way to compromising with the oppo- cent phenomena. charged the bill without amending it. nents of the Internet tax moratorium. I hope since we have, at least accord- Throughout this time, Members, in- Again, I have to repeat this because it ing to a letter I received from Senator cluding Senators DORGAN, HOLLINGS, is a crucial point: This body does not ALEXANDER, boiled down our dif- ALLEN, WYDEN, SUNUNU, and many oth- typically operate by capitulating 100 ferences to four major differences—I in ers who have spoken on this floor percent to one side or the other on a no way understate the importance of about this matter, continued to nego- particular matter that is before it. In those differences, but there are only tiate the substance of the legislation. its normal course of business, the Sen- four—perhaps we could propose amend- During that time, we heard from ate compromises, and that is exactly ments and vote on those four dif- State and local groups such as the Na- what this amendment does. ferences and, in the meantime, con- tional Governors Association and the Simply put, the amendment offered tinue our dialog in trying to reach a National Association of Counties. They today is truly a reasonable compromise reasonable compromise. had several opportunities, and did, to that addresses a host of concerns the I would like to point out it does no provide significant input. States and localities have raised over one any good for us to leave this issue We are here after almost 1 year of the past 10 months. Throughout the ne- in limbo. If we are going to allow tax- considering this matter, not because gotiation process, State and local

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4404 CONGRESSIONAL RECORD — SENATE April 27, 2004 groups have asked for a temporary ex- versal service fees are unaffected. As I ation of certain services that are now tension to the Internet tax morato- mentioned, e–9–1–1 taxes are unaf- taxed, and on which State and local rium. Specifically, they have asked for fected, and nontax regulatory powers governments rely for that revenue? If a 2-year extension of the moratorium. are unaffected. that is the case, we ought to know that The compromise amendment would ex- I hope we can move forward if there and discuss that. If it is not the case, tend the moratorium for 4 years. is not agreement. Meanwhile, we con- we should be able to reach an agree- Why 4 years? If we do it for 2 years, tinue to discuss the issue. ment on the definition. we would almost automatically be The PRESIDING OFFICER. The Sen- Senator ALLEN, for example, and back revisiting the issue immediately ator from North Dakota. many others who have been at this, when one looks at the process we have Mr. DORGAN. Mr. President, my col- Senator WYDEN and on the other side just been through. I think 4 years is a league from Arizona talks about four Senators CARPER and ALEXANDER and great deal less than permanent and not issues. There are three of them we real- many others—we need to once again much more than 2 years, as the oppo- ly ought to be able to reach agreement get our heads together and see if we nents of this legislation have alleged. on reasonably soon, and the other one can find agreement on this definition. Another concern we have heard from is a very difficult issue, there is no But until that happens and unless that State and local government is extend- question about that. That is the defini- happens, it is my guess we are just ing the Internet tax moratorium would tion. But on grandfathering and VOIP, going to be around here spinning our somehow impact traditional telephone for example, the length of time of a big old tractor wheels and nothing is services. This amendment would ensure moratorium, frankly, I think we can going to happen. We are not going to that State and local revenues from tra- reach an agreement on those three pass legislation. ditional phone service would not be im- areas. We are not going to agree to amend- pacted in any way, shape, or form. Frankly, if we are able to reach an ments. I am guessing the consensus Again, the amendment would accom- agreement on the definition, I do not wouldn’t exist to do that. I wouldn’t modate a concern raised by States and care much about the grandfathering. I object to going to vote on some things, localities to the full satisfaction of know some of my colleagues do, but speaking for myself, but we have a lot State and local authorities. that is a lot less important to me. I of work to do to reach some sort of State and local governments have would also say that the length of a compromise. Let me say to my col- also expressed concern that this bill moratorium on Internet taxation is of league Senator MCCAIN, I recall being would hamper their ability to tax voice much less importance to me as well. I in meetings with him a year ago and services provided over the Internet. would be willing to lengthen it by a beyond that, and the attempt was to This amendment addresses that matter substantial number of years provided try to figure out, how can we find com- by setting forth a broad definition of we have the right definition. So I think mon ground? How can we extend the services, including voice services that the thing that is going to be difficult moratorium that then existed? We are provided over the Internet that for us but one that we should attempt never got to the point of reaching any would not be considered Internet ac- to resolve is this definition. kind of agreement, but it wasn’t be- cess and therefore not be subject to the I want to just make this point: If the cause of any lack of effort on the part Internet tax moratorium. Once again, I purpose of those who are most insist- of the chairman of the committee. I am believe this provision should fully ad- ent on moving this legislation—and here. I will be here during consider- dress the concern of State and local there are several in the Chamber who ation of this, and I want to work with governments. have really worked on this a long Senator MCCAIN and others to see if we The list of concessions made to State time—would be, for example, to create can find a way to make this work. and local government interests in the a broad new exemption from taxation I yield the floor. amendment is extensive. For example, for certain services and certain parts of The PRESIDING OFFICER. The Sen- the compromise amendment would the backbone of the Internet and so on, ator from Texas. clarify that the Internet tax morato- then that is a problem. I do not support AMENDMENT NO. 3049 TO AMENDMENT NO. 3048 rium does not apply to nontrans- that. I do not think we ought to carve Mrs. HUTCHISON. Mr. President, I actional taxes such as taxes on net in- out things that are now being taxed by send an amendment to the desk and come, net worth, or property value. State and local governments and say, ask for its immediate consideration. The amendment would clarify that oth- by the way, we are going to federally The PRESIDING OFFICER. The erwise taxable services would not be- preempt that. If that is not the pur- clerk will report the amendment. come tax free solely because they are pose, though, then we surely should be The legislative clerk read as follows: offered as a package with Internet ac- able to find common ground on a defi- The Senator from Texas [Mrs. HUTCHISON] cess. The amendment would grand- nition that works. proposes an amendment numbered 3049 to father for 3 years, from November 1, My hope is that as we proceed we will amendment No. 3048. 2003, the States that were taxing Inter- understand that all of us—I think I Mrs. HUTCHISON. I ask unanimous net access in October 1998. It would speak for all of us—believe we ought to consent that the reading of the amend- grandfather for 2 years, from November have a moratorium on taxing the Inter- ment be dispensed with. 1, 2003, the States that began to tax— net, that is, the connection to the The PRESIDING OFFICER. Without according to many, improperly—Inter- Internet. I support that. I believe vir- objection, it is so ordered. net access after October 1998. It would tually all of us in this Chamber would The amendment is as follows: ensure that universal service would not agree we ought not levy punitive or (Purpose: To change the definition of be affected by the moratorium. It discriminatory taxes on the Internet. I Internet access service) would ensure that 9–1–1 and e–9–1–1 believe we would all agree on the goal At the appropriate place, insert the fol- services would not be affected by the that we would want to encourage lowing: moratorium. Finally, it would ensure through public policy the build out of SEC. ll. CHANGE IN DEFINITION OF INTERNET ACCESS SERVICE. that regulatory proceedings that do broadband and the use of the Internet Paragraph (10) of section 1105 of the Inter- not relate to taxation would not be im- and particularly advanced tele- net Tax Freedom Act, as redesignated by pacted by the Internet tax morato- communications services. All of those this Act, is amended— rium. represent areas of broad, substantial (1) by striking ‘‘The term’’ and inserting I want to point out again, there are agreement in the Senate Chamber. the following: really 10 compromises offered in this: As we work through this now, the ‘‘(A) IN GENERAL.—The term’’; and the 4-year moratorium, the 3-year one area where I think we have sub- (2) by adding at the end the following: phaseout of the grandfather clause, the stantial difficulties is trying to under- ‘‘(B) GENERAL EXCEPTION.—The term does 2-year grandfather of taxes on DSL, stand what each side means with re- not— ‘‘(i) include a tax levied upon or measured and voice over IP carve-out. It clarifies spect to the definition of Internet serv- by net income, capital stock, net worth, or taxes covered. It clarifies the House’s ice. How far up the backbone of the property value; or language on DSL. It provides a clear Internet does it go? Is it a definition ‘‘(ii) apply to any payment made for use of and uniform accounting rule. The uni- that, in fact, would prevent the tax- the public right-of-way or made in lieu of a

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2004 CONGRESSIONAL RECORD — SENATE S4405 fee for use of the public right-of-way, how- viders to the Texas Public Utility Com- ready get hit with a franchise fee and ever it may be denominated, including but mission. The PUC then applies the in- now your right-of-way provision would not limited to an access line fee, franchise dividual city rate per access line to the allow for a new special fee, which trou- fee, license fee, or gross receipts or gross rev- total number of lines that a particular bles me, again, because it has been our enue fee.’’. city may have within their corporate point all along through Internet access Mrs. HUTCHISON. Mr. President, I limits. It is a fair and equitable system that you have already paid once. thank the Senator from Arizona, the that is used in Texas. An average city Could my colleague from Texas clar- chairman of the Commerce Committee, gets about 3.5 percent of its general ify? Otherwise, I would have to strong- and the distinguished ranking member, revenue from telecommunications ly oppose this. Senator DORGAN, for bringing this to right-of-way compensation fees. Mrs. HUTCHISON. Mr. President, I the floor. As has been said by everyone, Passing Federal legislation that I think, we have been talking about appreciate the question. would call into question the validity of this issue for a long time. It is such a This is, of course, not to put a new this Texas system could have disas- crucial issue for many States and tax in place. This is to try to acknowl- many cities, that we must get it right. trous effects on the ability of Texas edge that different cities and different I think the bill of Senator ALLEN, the cities to provide essential services such States have different definitions of underlying bill, and now the bill of as police and fire, water, waste water, franchise tax. It happens that in Texas Senator MCCAIN are attempting to do and parks, just to name a few. The there is a gross-receipts component in something that is right. They are at- right-of-way fees represent as much as the franchise right-of-way access tax. tempting to assure that interstate $39 million annually to the city of Dal- It is a standardized law now for the cit- commerce is not obstructed by taxes las; $9 million for Fort Worth; and $15 ies of Texas, for cable companies and on Internet access. million for the city of San Antonio. telecommunications companies. I am afraid, however, that the lan- Cities in California, Nevada, Florida, We have a different definition which guage is not clear enough as it deals Kentucky, and other States would also I am trying to protect. Certainly these with franchise taxes and right-of-way be adversely affected by the bill as it is cities have already made their con- fees that have been in place in cities in written. So I am trying to clarify why tracts with their cable companies. This many States in our country for a long franchise fees should be included. I am is not meant to change contracts; it is time. That is why I have introduced an hoping we are all trying to go in the meant to allow the contracts which are amendment that will clarify the defini- same direction here. I just want to in existence and use a well recognized tion of what is excepted from this make sure that we don’t make a mis- and different definition of franchise or Internet access tax ban. It says: take. right-of-way tax. . . . any payment made for the use of a pub- There will be people who say it is The PRESIDING OFFICER. The Sen- lic right-of-way or made in lieu of a fee for really covered. It is covered in the un- ator from Arizona. use of the public right-of-way, however it derlying law. It is covered in the Mr. MCCAIN. Mr. President, this may be denominated, including but not lim- amendment that is offered by Senator amendment excludes from the defini- ited to an access line fee, a franchise fee, li- MCCAIN and the one underlying by Sen- cense fee or gross receipts or gross revenue tion of tax on Internet access trans- fee. ator ALLEN. People will say that. How- actional taxes such as gross receipts or ever, it is not clear and the city attor- I think we have found out since we gross revenue fees, constitutes an end neys and these Texas cities and other started debating this issue years ago run around Internet tax freedom, and States have looked at the language and that cities determine their franchise eviscerates the moratorium itself. If they are very concerned they are going fees, their right-of-way fees, in many we allow this to exclude payments different ways. I think it is very impor- to be in litigation over this issue. If we made for use of the public right-of-way, tant that we not make a mistake here know today that it is not clear, after including access line fees, franchise that would cause years of litigation, the lawyers have looked at it, why not fees, et cetera, this amendment should after which a city might win, it might be sure? Why not be sure? be rejected. Everyone I have talked to believes lose, but it would certainly disrupt I move to table the amendment, and what it has been doing. The franchise that right-of-way and franchise fees I ask for the yeas and nays. fee is basically a local tax, not on should not be disturbed. It is part of The PRESIDING OFFICER. Is there a Internet access, not meant to be on the level playing field we are trying to sufficient second? Internet access. create. My amendment will make it There is a sufficient second. My position is that we should not tax very clear what is accepted by defini- The question is on agreeing to the Internet access. I do believe it is a tax- tion. This should not have any impact motion. ation of interstate commerce. However, on Internet access as both of the under- The clerk will call the roll. I think that once you get off the basic lying bills would try to protect that The legislative clerk proceeded to access, just as we have telephone lines’ from taxation. But it does protect cit- call the roll. access, use of right-of-way, that we ies, particularly since we have certain Mr. MCCONNELL. I announce that must create a level playing field so a laws in some States that do have a the Senator from South Carolina (Mr. line that is used for telephone and an component of a gross receipts fee with- GRAHAM) and the Senator from Penn- Internet computer line will be able to in the access line issue, and I hope we sylvania (Mr. SPECTER) are necessarily be taxed in the same way. will not step on a State with its local absent. In my State of Texas, prior to 1999 issues, trying to stay consistent with Mr. REID. I announce that the Sen- cities were compensated by tele- what has been done and accepted ator from Florida (Mr. GRAHAM) and communications providers for the use through all these years by passing this the Senator from Massachusetts (Mr. of their rights-of-way pursuant to indi- law without being very clear. KERRY) are necessarily absent. vidual franchise agreements negotiated Mine is a clarification amendment. The PRESIDING OFFICER (Mr. between the telecommunications com- Mr. WYDEN. Will my colleague CHAFEE). Are there any other Senators pany and the cities. yield? in the Chamber desiring to vote? In the late 1990s, Texas cities and the Mrs. HUTCHISON. I am happy to The result was announced—yeas 64, providers began negotiating and draft- yield to the Senator. nays 32, as follows: Mr. WYDEN. I want to make sure I ing major compromises that would lead [Rollcall Vote No. 72 Leg.] to more uniformity, more regulatory understand this. Cable already pays a YEAS—64 certainty. So the Texas law has estab- franchise fee when the streets are torn lished a uniform method of compen- up in order to offer cable. My under- Allard Burns Crapo Allen Campbell Daschle sating cities for use of public rights-of- standing of this amendment is that Baucus Cantwell Dayton way. It is called a per access line fee. It now there would be a new special tax Bayh Chambliss DeWine is implemented to compensate cities for right-of-way for the very same serv- Bennett Cochran Dole ice. Bond Coleman Dorgan for use of public rights-of-way. Boxer Collins Ensign The access lines are reported by the In effect, my reading of this is that Brownback Conrad Fitzgerald individual telecommunications pro- cable would be taxed twice. They al- Bunning Craig Frist

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4406 CONGRESSIONAL RECORD — SENATE April 27, 2004 Grassley McCain Santorum any time soon. So I have no recourse reliability standards, but for the re- Gregg McConnell Sessions but to offer the renewable fuels amend- newable fuels standard as well. This bi- Hagel Mikulski Shelby Harkin Miller Smith ment to another legislative vehicle, partisan amendment is a careful bal- Hatch Murkowski Snowe which I have done with this amend- ance of the often desperate and com- Inhofe Murray Stabenow ment. peting interests and a compromise in Johnson Nelson (NE) Stevens The amendment is very straight- the finest tradition of the Senate. As I Kohl Nickles Sununu Kyl Pryor forward. It is based on language that have said on many occasions, two- Talent Leahy Reed Warner has passed in the Senate on two pre- thirds of the Senate is on record in sup- Lincoln Reid Wyden vious occasions. It eliminates the re- port of the bill. So I hope we can get Lott Roberts Lugar Rockefeller formulated gasoline program, RFG, ox- legislation such as this considered ygenate standard and replaces it with a quickly. NAYS—32 renewable fuels standard that sets a 10- CLOTURE MOTION Akaka Dodd Kennedy year schedule for assured growth in Mr. DASCHLE. Mr. President, I send Alexander Domenici Landrieu Biden Durbin Lautenberg ethanol demand. a cloture motion to the desk. We can Bingaman Edwards Levin It contains the same waiver author- vitiate it if we get an agreement on a Breaux Enzi Lieberman ity agreed to in the energy conference rollcall vote shortly. I am very con- Byrd Feingold Nelson (FL) cerned that we move this legislation Carper Feinstein report, strikes all liability protection Sarbanes quickly and comprehensively. This Chafee Hollings Schumer for MTBE as well as ethanol. Clinton Hutchison amendment is yet another attempt to Thomas It also bans MTBE within 4 years. Cornyn Inouye Voinovich Over two-thirds of the Senate has do that in this body. Corzine Jeffords now gone on record in support of a re- I ask that the motion be reported. NOT VOTING—4 newable fuels standard and the renew- The PRESIDING OFFICER. The clo- Graham (FL) Kerry able fuels standard we create with this ture motion having been presented Graham (SC) Specter legislation. It has been reported out of under rule XXII, the Chair directs the The motion was agreed to. committee twice, passed by the Senate clerk to read the motion. Mr. LOTT. Mr. President, I move to twice, both times by a margin of more The assistant legislative clerk read reconsider the vote. than two-thirds. A similar proposal has as follows: Mr. DORGAN. I move to lay that mo- been reported out of the Environment CLOTURE MOTION tion on the table. and Public Works Committee and is We, the undersigned Senators, in accord- The motion to lay on the table was ance with the provisions of Rule XXII of the pending now on the Senate calendar. Standing Rules of the Senate, hereby move agreed to. Last June, 68 Senators voted to add to bring to a close the debate on the Daschle The PRESIDING OFFICER. The at that time the Frist-Daschle RFS amendment No. 3050 to S. 150: Democratic leader is recognized. amendment to the Energy bill. It is Thomas Daschle, Harry Reid, Jeff Binga- AMENDMENT NO. 3050 time to break the impasse. man, Kent Conrad, Byron L. Dorgan, (Purpose: To eliminate methyl tertiary butyl As I said, my first choice would have Tom Harkin, Dick Durbin, Max Bau- ether from the United States fuel supply, been to bring the Energy bill to the cus, Daniel L. Akaka, Evan Bayh, to increase production and use of renew- floor, have a good debate, and send it Debbie Stabenow, Mark Dayton, Jay able fuel, and to increase the Nation’s en- on to the President without the MTBE Rockefeller, Ben Nelson, Tim Johnson, Carl Levin. ergy independence) liability immunity. Mr. DASCHLE. Mr. President, I have However, the Energy bill conference The PRESIDING OFFICER. The Sen- an amendment at the desk to the un- report stalled last November because of ator from Mississippi. Mr. LOTT. Mr. President, I was not derlying bill. bipartisan opposition to the special in- aware, and I do not believe the man- The PRESIDING OFFICER. The terest MTBE liability relief provision ager of the legislation who is tempo- clerk will report. included in that legislation, in spite of rarily off the floor was aware, this The legislative clerk read as follows: the efforts made by many of us to warn amendment would be offered at this that is exactly what would happen. The Senator from South Dakota [Mr. time. He will return shortly. I am sure DASCHLE] proposes an amendment numbered Dropping the liability protection from 3050. there are going to be some discussions the bill for both MTBE and ethanol about the amendment and the appro- Mr. DASCHLE. Mr. President, I ask would have attracted more than priate way for us to deal with it. unanimous consent that further read- enough votes to enact the Energy bill. I understand the importance of this ing of the amendment be dispensed Yet despite the direct intervention by amendment that has been offered by with. President Bush, the defenders of MTBE Senator DASCHLE to a number of Sen- The PRESIDING OFFICER. Without liability relief remain defiant. ators on both sides of the aisle. I agree objection, it is so ordered. Senator FRIST placed a revised en- we should have a national energy pol- [The amendment is printed in today’s ergy bill without MTBE on the Senate icy. We have been talking about it for RECORD under ‘‘Text of Amendments.’’] calendar last February, now almost 3 at least 3 years or longer. Yet here we Mr. DASCHLE. Mr. President, I want months ago. He has not chosen to call stand today with no national energy very much to be able to continue to up that bill. policy. We do not have legislation on work on the underlying bill and find a Today, Energy Daily has reported the books that gives incentives for way to resolve many of the out- our Republican friends have abandoned more production of oil and gas to re- standing issues. I think we have made plans to move comprehensive energy lieve some of the regulatory problems some progress today. legislation any time in the near future. that delay or make it almost impos- Obviously, this is a piece of legisla- That is troubling for many of us who sible to have nuclear plants, hydro- tion that provides an opportunity for wanted to see it pass. Now we have lit- power, conservation, alternative fuels, many of us who have concerns about tle choice but to offer very important ethanol—the whole package. Yet last other matters relating to our Senate components of this bill to other legis- year, the Senate passed energy legisla- agenda as well. lation that may move through the Sen- tion. The House passed it. We had a I was very concerned this morning to ate as well as the House. conference. read in Energy Daily that the leader- The energy tax provisions, for exam- Problems developed in the con- ship has abandoned its plan to bring up ple, that Senator FRIST placed on the ference, and we have not been able, un- the comprehensive Energy bill in May, calendar have now been added to the fortunately, to move the energy legis- and may wait now until fall to revisit FSC/ETI bill. Senators Cantwell and lation through the Senate because we comprehensive energy legislation. Bingaman are leading the effort to pass have not been able to get 60 votes, even Now, nearly 6 months after we could stand-alone electricity standards to ad- though we had, I think, 57 or 58 who have enacted an Energy bill with the dress the circumstances that caused voted for the bill. renewable fuels standard and other im- the blackout last August. I still think we should find a way to portant components there is no pros- It appears it is time to shift gears, get this legislation through a con- pect now of action on the legislation not only for the tax provisions and the ference or through to completion and

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2004 CONGRESSIONAL RECORD — SENATE S4407 send it to the President. If we do not, own State, and there is an argument on porates the common components be- a pox on all our houses because prob- the other side, there is no question tween the two bills that were pending, lems are here. They are going to stay, about this. We need to deal with this the Alexander bill and the Allen bill. and they are going to get worse. We are whole issue in a comprehensive way. We should go forward with this legisla- not going to conserve. We are not going The Commerce Committee needs some tion. We should get the job done. to produce. We are not going to do any- time and it will not be easy. What is happening once again is that thing. We are at the mercy, then, of I went through the legislative proc- while we have had one amendment that countries all over the world to provide ess for telecommunications reform is germane to the substance, we now the oil for over 50 percent of our energy that we passed in 1996. We worked on it have an energy amendment being of- needs in this country. This is dan- for 2 years. It was very laborious and it fered to the Internet tax moratorium. gerous. had the possibility of just falling apart We hear there will be other non- We need a national energy policy be- right up until the end. It will probably germane amendments. This is the Sen- cause of economic security and na- take us a couple of years to get further ate. That is the way we do business, tional security. So I agree we need to comprehensive telecommunications re- but we have work to do. We all agree do this. I do not agree with all the fea- form done. In the meantime, we should this is something we want to do in a bi- tures in it. I did not like some of the have in place a moratorium on taxing partisan way. My colleagues should provisions added at the end in the con- the Internet. In fact, I believe there is take their shot or take their shots but ference. I have my reservations about an overwhelming majority that agrees. make them count, and let’s not get some of the renewable fuels. I have res- We saw the vote yesterday. I know that hung up on this legislation and drag it ervations about a lot of it, but I voted was not a vote on the substance, but out with nongermane killer or poison for it, and I am prepared to vote for it anytime around here of late that there amendments, because it will wind up again in its current form with warts or is a vote of 74 to 11 to go to the sub- killing or doing great damage to what with another problem. We should deal stance of a bill, that is pretty strong. I think is a reasonable compromise. with this problem. I believe most Senators want to get Again, I understand the Senate rules There is one way we will not deal this moratorium in place. Could we tin- very well. My colleagues can offer any- with it comprehensively or deal with it ker with it here or there? Surely, and thing on any subject at any time, un- at all, probably, and that is to pick it there will be legitimate amendments less there is agreement to the con- apart, pick all the meat off the bones that we should consider. trary. So Senators on both sides can of this national energy policy legisla- We are on the legislation now. We dump their outbasket on this bill, but tion. Piece by piece we will devour this can begin the amendment process. We that would be a mistake. I do not be- good legislation, for example by put- have had a relevant amendment. Sen- lieve the leadership on either side ting a piece of it on the FSC/ETI jobs ator ALEXANDER, the opponents, were wants that to happen. growth bill. If we put tax policies reasonable and have allowed us to do The best thing that could happen is there, put ethanol here, or put it some- this. They are going to have some real- for the Senators to get this off of our where else, and start picking it apart ly good and tough amendments that we agenda right now. Let’s get it off our piece by piece, what will happen is we are going to have to deal with, and backs. My colleagues would like to be able to vote both ways, or not be able will probably not get a comprehensive that is the way the legislative process to vote at all. We cannot do that be- bill, and we probably will not even get is supposed to work, I think. To have cause the moratorium has already the pieces. This is not wise. voted against proceeding to this bill at I do not have the impression that it all would have been it. The year would ended and there are a lot of innovative has been indicated by our leadership have been over if we could not get on people out there thinking of ways to tax Internet access. that we are not going to do an energy the substance of a bill of this nature Before my colleagues vote to allow a bill. I think it is on the agenda to be with such a strong majority being in tax on the Internet, they should check considered further, and it should be favor of getting results. So the 4-year moratorium that is in with their children. If my colleagues considered further. have teenagers or kids in college, they We should work in a bipartisan and a this proposal that makes Internet ac- will tear their head off. They do not bicameral way to get this legislation cess 100-percent tax free, while taking want this interconnection to the Inter- done. For that reason, I think it is a care to narrow the definition of Inter- net to be taxed, and if we were to go net access to ensure that traditional huge mistake to come pull out this one around and ask Senators if they want telephone service is not included and piece a lot of people do like and stick that, no, we do not want that. Let’s while excluding voice over Internet it on this legislation, because it is one vote on this issue. Let’s deal with the protocol, is the right way to go. The of the engines that could possibly pull substantive amendments and the ger- Commerce Committee is already begin- us to a national energy policy. mane amendments, if my colleagues ning to have hearings on comprehen- We will have discussion over the next want to offer a couple of relevant sive telecom legislation, and that will few minutes about the way we would amendments. like to deal with it. But I personally do be the appropriate place to address I plead with the Senate, do not make not think we should be adding this matters such as voice over Internet this a punching bag because, if we do, nongermane amendment, a critical protocol. we are going to show once again that part of the Energy bill, on this bill. Senator SUNUNU has introduced legis- we are incompetent to produce any- I would also like to say briefly that I lation on VOIP, or voice over Internet thing. think we have a good compromise protocol. We should not address that We did a pension bill. We saw we package which Senator MCCAIN, the until we know exactly what we are could do it. It still may not be perfect, chairman of the Commerce Committee, doing. Certainly, we should not be say- but we got it done. This is one of those has developed. He has worked over a ing that taxes are going to begin to be issues that is bipartisan. We need to long period of time with both the pro- assessed in this area until we have get it done, and we need to get it done ponents and opponents to see if we thought it through. The compromise this week. I hope my colleagues will could find compromise language on does grandfather States that taxed join in finding a way to make that hap- this Internet tax issue that was accept- Internet access prior to the 1998 Inter- pen. able to get the job done. net Tax Freedom Act, and there are I yield the floor. It has not been easy because neither some 10 or 11 States that are in that The PRESIDING OFFICER. The Sen- side wants to give. The proponents do category. This legislation would extend ator from North Dakota. not want even a 4-year moratorium. that grandfather status for 3 more Mr. DORGAN. Mr. President, the They want a permanent moratorium on years. For a 2-year period, it grand- amendment that has been offered a few Internet access taxes. I have in the fathers the States that currently tax moments ago by my colleague Senator past been inclined to be in that camp. Internet access but were not protected DASCHLE is not some mysterious However, I have listened to Senator under the 1998 grandfather clause. amendment. It is not some amendment ALEXANDER and Senator VOINOVICH. I So that is an oversimplification, but that was offered under some mys- have heard from the Governor of my basically the rest of the bill just incor- terious procedure. This is the way the

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4408 CONGRESSIONAL RECORD — SENATE April 27, 2004 Senate allows amendments to be of- If we are not going to do a big energy My colleague brings to the floor of fered. bill, if instead of this week having en- the Senate a sensible, thoughtful provi- Senator DASCHLE has offered an ergy on the Senate floor, which I would sion that had wide bipartisan support amendment that deals with the subject have preferred, we have the underlying in this Chamber. What he says is pret- of energy, and specifically renewable Internet tax bill, if the priority is al- ty simple. He says if it is the case that fuels. My colleague from Mississippi, ways going to be something other than we didn’t have energy on the floor last Senator LOTT, indicated that it is the an energy bill for the majority leader, month, last week, this week, next way the Senate can do business. He is then we have no choice but to take pro- month, or even this summer, if that is absolutely correct about that. The visions of this energy bill that we the case, if that is what the majority rules allow this amendment to be of- think advances this country’s inter- wishes to do, to not put the Energy bill fered. However, I point out that the ests, bring it to the Senate floor, and back on the Senate floor and allow us Senate really does not do business see if we can legislate on it. to work on that to get a good energy much anymore. We are not voting I will now talk about the renewable bill, then at least let’s take portions of much. We are kind of at parade rest. If fuels provision. The renewable fuels the bill that we know had strong bipar- there was a ‘‘gone fishing’’ sign, it provision is pretty simple. Drive to the tisan support and move that because would long ago have been hung on all gas pump this afternoon and see what that will strengthen this country. three doors of the Senate. is going on. We used to see 55 percent Once again, let me say to those who There is very little activity in the of our oil came from off of our shores. counsel let’s wait, let’s just wait, the Senate. Very little is happening. I ex- It is now 60 percent. Sixty percent of question is, Wait for what? Wait for pect that is one of the reasons my col- the oil every single day that we use in fall? Wait for October? Wait for Sep- league offered this amendment to this this country comes from other parts of tember? Nobody else is waiting. The bill. the world, much of it very troubled. price of gasoline is not waiting. The I will talk for a moment about the We are putting this country at great threat to our supply of oil is not wait- Energy bill. The Senator from Mis- risk if we do not understand that en- ing. sissippi and the Senator from South dangers this country’s economy, that Read yesterday’s newspapers about Dakota both indicated that we ought endangers the opportunity for us to ex- terrorists who want to interrupt the to have an energy policy, and indeed pand, grow, and promote opportunity supply of oil. They are not waiting. we should. I was a conferee on the En- in the future. Yet people seem obliv- Why should we wait to construct a sen- ergy bill. I signed the conference re- ious to it. They say it is 60 percent sible energy policy for this country’s port, much to the consternation of coming from offshore, from Saudi Ara- future? Why should we wait, above all, to move forward a provision that has some of my friends, because I thought bia, from Iraq, from Venezuela, from strong, broad bipartisan support in this on the whole it advanced our country’s Kuwait, so what? Well, I think many of interest in energy. Chamber? us understand the so what. This is not the time to wait. This is It was not perfect. There were some This country’s economy, this coun- time for us to move forward and under- things in it I did not like much, but the try’s well-being in the future, is held stand that our economy, our Nation is fact is, it came to the Senate floor and hostage by others, some of whom wish at peril with respect to an energy sup- it lost by two votes. Everyone in this this country ill. In the new age of ter- ply if we do not advance those portions Chamber understands why it lost. It rorism, we would be well advised to un- of the Energy bill that strengthen this lost by two votes because the White derstand that this excessive and grow- country. House and the majority over in the ing dependence on foreign sources of I, for example, believe we ought to House of Representatives decided to oil, foreign oil specifically, is very dan- advance the conservation title and we put in a retroactive waiver for liability gerous to this country. ought to advance the efficiency title, of MTBE. They stubbornly persisted My colleague offers an amendment both of which are very important. My and demanded it be part of the bill that says at least one part of the En- colleague offers, I think, perhaps the even when they were told it was likely ergy bill dealing with renewable fuels easiest and perhaps the most impor- to kill the bill. allows us to increase supply of energy tant provision dealing with renewable They preferred the bill die rather in this country in a very significant fuels. The easiest why? Because almost than take out that provision, the pro- way that is not only friendly to the en- three-fourths of the Senate agree with vision that was a favoritism provision vironment but allows us to grow some it. Yet the amendment gets offered and for a few enterprises. So the bill died. energy in America’s fields. It allows us we will have people walking around Now they want to blame others for the to be innovative in creating new forms here choking on it. Nobody ought to death of that energy bill. It does not of energy to extend America’s energy choke on this amendment. The Senate wash. That energy bill died on the Sen- supply. Let me use ethanol as an exam- ought to agree that this amendment ate floor, lost by two votes, because ple. Incidentally, let me say, for those makes sense. This amendment has pre- there were some that stubbornly per- who have heartburn over the offering viously been agreed to. This amend- sisted in putting a favor in that bill for of this amendment, 69 Senators have ment advances this country’s energy some of their friends and they would already voted for this amendment. This interests. We ought to agree to this not back away from it. So they lost the will not be a big problem if you just amendment. Not yesterday, not tomor- bill. They were willing to let the bill go allow us to have the vote, put it on the row—now. This is not heavy lifting. down because of that. bill. If the bill gets signed by the Presi- The only thing that is difficult in For example, that bill contained im- dent, we have at least advanced this this Senate these days is that we are portant provisions that I thought ad- portion of the Energy bill. not doing anything. We face some real vanced the country’s interests: produc- But let me talk for a moment about serious challenges in this country. We tion incentives, conservation, an effi- ethanol. The ability to take the drop of have an economy in trouble. We have ciency title, a renewable fuels title. I ethanol from a kernel of corn and have energy problems. We are involved in a will talk for a moment about the re- the protein feedstock left and use that war in Iraq and a war in Afghanistan. newable fuels title because that is the drop of alcohol to extend America’s en- We are beset by the terrorist threat. subject of Senator DASCHLE’s amend- ergy supply—good for us. That is called The fact is, this place is at parade rest. ment. renewable energy. It expands the sup- So my colleague Senator DASCHLE I think the renewal fuels title is very ply of energy. It means we can grow comes to the Senate floor and offers important and advances this country’s our energy in our fields. something that says, let’s move on this interests. I am a strong supporter of it. We have a prodigious appetite for en- subject; let’s step forward; let’s do the Incidentally, I will support this amend- ergy in our country. As all of us know, right thing; let’s vote; let’s advance ment, and I hope we get a vote on this when the price of energy goes way up, this country’s energy supply by passing amendment. It does not do damage to the price of gasoline at the pumps con- the renewable fuels section of the En- the underlying bill at all. We can, tinues to increase relentlessly, and we ergy bill. should, and will, in my judgment, have know we have to do something. It I understand. I managed the bill on a vote on this amendment. ought to be a warning sign. this side on the Internet tax issue. I

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2004 CONGRESSIONAL RECORD — SENATE S4409 understand this is inconvenient, but in- People come to this Senate floor and time the Strategic Petroleum Reserve convenience is a small price to pay, in- say we need to produce our way out of was being used, the price of oil dropped cidentally, for advancing that impor- the problem we have. We cannot do from $37 to $31 per barrel. tant portion of this energy bill. I com- that. The United States has, even Right now the price of oil is near $40 mend Senator DASCHLE for offering counting ANWR, less than 3 percent of a barrel. Why doesn’t the President re- this, and I will strongly support it and the entire oil reserves in the world. lease this oil from the petroleum re- hope we can move it quickly. Ninety-seven percent-plus of the oil is serve? I don’t know. I know one thing. Let me just say as one person who is someplace other than the United It would certainly be a help if that hap- managing this on the floor of the Sen- States. So it is common sense that we pened. It would increase the supply in ate—I can’t speak for the majority, but cannot produce our way out of the this country. As supply is increased, we let me speak for the minority man- problems we have today. We can do would have a lessening of prices. aging this—this should not take much some things with the oil that we do The other thing which I think is ex- time at all. My guess is Senator have. We can make it better. We can tremely important is that we recognize DASCHLE would agree to a very short have some of our smaller producing there are other ways of bringing down time limit on debate. We have already wells produce a little more. We can do the cost of oil. One thing the President debated this particular issue and had some with exploration. But the answer could do is use his bully pulpit and his votes on it, so this should not interrupt is not that. We cannot produce our way influence, which we understand is sig- us more than 30 minutes or an hour, out of the problems we have with oil. nificant with the Saudis. Bob Wood- after which we will have expressed our- So what can we do? The one thing we ward just published a book that said selves as a Senate to move a very im- can do is do something with alter- they knew about the war before any- portant piece of this energy bill—the native energy. The Nevada test site in body in the Congress knew about it. renewable fuels portion of the Energy the deserts of Nevada has been the site Also, of course, we have been told the bill—forward with this legislation. for almost 1,000 nuclear explosions, President has been assured that in Sep- My hope is that is what we will de- some above the ground, some below the tember they will start releasing more cide to do. There is a possibility, how- ground. At the Nevada test site, if you oil. That will also bring down the cost ever, that what happens the minute put solar panels on the Nevada test site of oil. I suggest rather than waiting someone offers an amendment like this you could produce enough electricity until this fall the President do some- is this place goes into some sort of apo- to serve the entire United States. The thing now to pressure the Saudis into plectic seizure; it shuts down; we go Nevada test site with solar panels releasing more oil. They have cut by 10 into a quorum call. Why? Because peo- could produce enough electricity to percent their production of oil which ple want to gnash and wipe their brow satisfy all the needs of this country. began on April 1. and wring their hands and fret on what We know that wind energy is doing These countries are supposed to be to do because they can’t deal with this. very well. In the Midwest there are our friends. We have young Americans The way to do it is to put it up for a some farmers making more money on giving their lives in Iraq right now to vote, have about 70 Senators vote for their windmills producing electricity make that part of the world safer and it, and add it to this underlying legisla- than they are from the crops they more stable. It doesn’t seem right the tion, so that in the end we will have produce. We know that Nevada has Saudis and other OPEC nations are not this important piece of the Energy bill been said to be the Saudi Arabia of geo- recognizing what we are doing for for the American people. That will be thermal. We have, not unlimited, but them. good for this country and good for the huge amounts of geothermal power in We also know there are other things American people, and when we have the State of Nevada. You can drive that can happen. The bill that was de- done it, I will say good for the Amer- places in Nevada and see steam coming feated on the Senate floor last year had ican Senate as well. out of the ground naturally. It is be- a lot of problems with it. Senator I yield the floor. cause of geothermal. Some wells have MCCAIN referred to it as a ‘‘hooters and Mr. REID. Mr. President, I have the been tapped. The problem with tapping polluters’’ bill because of all of the or- highest regard for the distinguished the resources we have with geothermal naments that have been attached to junior Senator from Mississippi, Sen- is the people have no tax credits to do the so-called ‘‘Christmas tree.’’ ator LOTT, but on this issue I disagree it like they had for wind. If we did There are things which we need to with him. I believe we have to move that, there would be immediately, in do. People have said, Well, these things forward on energy legislation any way Nevada, a tremendous surge in the pro- the President can do now do not mat- we can. If it is piecemeal, let’s do that. duction of electricity which would feed ter. Getting the Saudis to increase the The people of the State of Nevada are our state, California, and other parts of supply of oil would matter and, of suffering from high gasoline prices. We the West with badly needed electricity. course, having more oil come out of have the second or third highest gas There would not be any pollution. The our strategic reserve would matter. prices in all America. same, of course, applies to solar. So we The other thing the President could do For example, the bill we are going to need to do that. is say let us stop buying oil to be put take up next week, the FSC bill, in There are some other solutions to in the SPR right now. Some analysts that bill I think very importantly the problems we have. Of course, among suggest prices will only go down by 10 managers of that bill added to that the long-term solutions I did mention to 20 cents a gallon. That is significant. some very important tax provisions is more fuel-efficient vehicles. We cer- In Nevada where the prices are ap- that deal with energy. There are some tainly need to do a better job in that proaching $2.50 a gallon, it seems to me short-term solutions I will speak to regard. that would be a help. Anything would briefly, but there are some long-term In recent years, there have been two help. As far as I am concerned, that is solutions we must address. major releases of oil from the Strategic a good enough reason to do it. Senators BAUCUS and GRASSLEY in Petroleum Reserve—during the Clinton Consumers need immediate relief. We the FSC bill address that. What have years and during the first Bush years. are talking about as much as a million they done? They have provided tax It was done because it brought down barrels of oil a week. That is about how credits for alternative energy. The tax the price of oil. much we put in the SPR which we are credit for wind has expired. They are For example, in January 16, 1991, buying from the OPEC nations when going to add, if we pass that legisla- there was a decision made to release they cranked up the price of oil. It tion, a tax credit for solar, a tax credit oil from our petroleum reserve. The doesn’t make sense to do that. This for geothermal. This is the solution to next day crude oil prices fell from $32 isn’t the huge supply of oil that comes the energy problems we have in this to $21 a barrel. Of course, it dropped. into this country on a weekly base, but country. It will happen. It is only a We have done it on two separate occa- it still is a lot. It will make a dif- question of time, when it is to happen. sions—during the Clinton years and the ference. We need not depend forever on the va- first Bush years. It made a difference. The latest price spike in Nevada was garies of what OPEC does. We have to A second release occurred. After that caused, they say, by the shutting down depend on what we can do. second release, within a week of the of the refinery in northern California

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4410 CONGRESSIONAL RECORD — SENATE April 27, 2004 which produces only 165,000 barrels of a lot of different issues, but it cer- case that this is a part of the Energy oil a day, or 1.5 million barrels a week. tainly is about the issue of energy and bill which we can pass today. We can If that is the case, that is the same its future and America’s dependence on pass it with a limited amount of debate amount of oil we are buying from external sources for its energy. That and with an overwhelming, bipartisan OPEC to put in the SPR. That logically dependence has led to some terrible rollcall, reflecting the support which would indicate the price should come circumstances. alcohol fuels have in the Congress. down. We are faced in the Midwest and We know this fuel source is good for I think if we are going to do anything across the Nation with high gasoline America. First, it is homegrown. We do for energy in this country, we have to prices. In the city of Chicago and not have to depend on foreign compa- take it piecemeal: Do ethanol, and do across the State of Illinois and all nies and foreign nations to befriend the what we are going to do next week around our Nation, we are seeing gaso- United States. with the legislation that has been line prices reach record highs. If you We can grow the corn and other feed- crafted by Senators GRASSLEY and ask why is this situation, I am afraid stocks that are necessary to make eth- BAUCUS to give tax credits to the peo- to say the culprit is very obvious: anol. ple who will produce good, clean en- OPEC, the oil cartel in the Middle Second, it is definitely going to be an ergy. East, has decided to restrict the flow improvement on the environment. We The President in his State of the and supply of oil to the United States. know that by using alcohol fuels, we Union message said he wanted to move By cutting off supply, demand forces reduce pollution, which is a very posi- to a hydrogen economy. If we are going the price up. They know that. We are, tive thing. Third, from a selfish point of view of to depend on a hydrogen economy, we frankly, at their mercy. the Corn Belt, we know that as more have to do something about producing Interestingly, during the last Presi- demand for corn is created by more hydrogen and use something other dential campaign when Governor Bush production of ethanol, the price of corn than fossil fuel to produce it, which of Texas was running against Vice goes up, farm incomes go up, and Fed- only compounds the pollution. The President Gore, he said at one point if eral payments go down. So it is a posi- only way you can have a hydrogen he faced that situation as President of tive effect from three different perspec- economy is produce the hydrogen by the United States he would take direct tives. action against OPEC to bring down using alternative energy—sun, wind, or Some argue we are making a mistake geothermal. their prices and force them to supply by trying to go at this one issue at a I hope we can, as Senator DORGAN has oil to the United States. And yet weeks time; rather, we should bring the whole indicated, move forward very quickly have gone by and none of that has oc- Energy bill before us. I saw Senator and dispose of this legislation. If people curred. In fact, businesses and families DOMENICI from New Mexico on the floor vote the way they did the last time, and workers all across the Nation are a few moments ago. No one has worked this should go away very quickly. For being held captive by the OPEC oil car- harder on this bill than Senator people who say, I voted for it once, I tel. DOMENICI. I know his bitter disappoint- am not going to this time because it is Isn’t it ironic that at the same mo- ment when the bill failed by two votes, different form and it is stand alone, it ment we have sent over 100,000 Ameri- with bipartisan opposition, last Decem- seems to me it should be easier to do it cans to risk their lives for security and ber. I was one of the Senators who that way than when it was in the bill stability in the Middle East, at a time voted against it. which had so many different problems. when we are placing our military in There were many provisions of that I commend and applaud the Senator the Middle East to stabilize it for many bill which I support, including the eth- from South Dakota for moving this of these oil-producing countries, they anol provision. But, frankly, at the end particular piece of legislation which have turned on us and said despite our of the process, the Energy bill had be- will improve the energy needs of this jobless recovery and despite our reces- come a dog’s breakfast. It turned out country. sion they are going to restrict the flow to be a smorgasbord of special interest I hope we look long term and do of oil to the United States, knowing groups. They went out and included things other than what we have been full well the hardship which it creates. provisions in that energy bill which doing; that is, try to produce our way If Bob Woodward is accurate in his were nothing short of scandalous. out of the situation that is so des- book, it is scandalous to believe the Senator MARIA CANTWELL from the perate for the people in Nevada who Saudis are doing this with the under- State of Washington came to the floor have the third or fourth highest gas standing that at some time before the and echoed an earlier comment made prices in America. election they will start sending more by Senator JOHN MCCAIN—Senator The PRESIDING OFFICER. The Sen- oil to the United States so gasoline CANTWELL, a Democrat; Senator ator from Illinois. prices will come down and benefit the MCCAIN, a Republican—in which they Mr. DURBIN. Mr. President, I ask current administration. That is what said this bill had been dominated by unanimous consent to be added as a co- has been stated. hooters, polluters, and corporate sponsor of the amendment offered by Prince Bandar, the ubiquitous dip- looters. Now, it is a great phrase. When Senator DASCHLE. lomat in Washington, was the one who you parse it, you understand what they The PRESIDING OFFICER. Without was brought in by this administration are talking about. objection, it is so ordered. to be forewarned about the invasion of Imagine, the Energy bill we were Mr. DURBIN. Mr. President, I rise in Iraq even before Members of Congress. being asked to vote for included a pro- strong support of this amendment. I He is such an important diplomat and vision helping someone in the State of have listened to the arguments pro- international businessman that the ad- Louisiana build a strip mall for a Hoot- pounded by the Senator from Mis- ministration felt his counsel was more ers restaurant. Now, I have never been sissippi in reference to this amend- important than the counsel of Members lucky enough to go in a Hooters res- ment. of Congress of both political parties. taurant. I am sure there is a great deal First, we shouldn’t shy away from If Mr. Woodward is correct in his as- of energy in a Hooters restaurant. I this amendment for fear of being over- sertions in his book, that there has cannot believe it is the key to Amer- worked. It was announced at our lunch- been some sort of an agreement that ica’s energy future. But it was part of eon today we have had exactly 11 votes the price of gasoline is going to go up, that bill. in the last 4 weeks in the Senate. There creating some discomfort, but come When it came to the polluters, take a is certainly room for more activity down just in time for an election sur- look at the assessment of environ- here, and certainly activity should be prise, an October surprise, that is mental groups of the Energy bill, focusing on important national issues awful; it is really unfair to the Amer- which we rejected. Almost to a person, such as energy. ican people. these environmental groups said we Energy security is important for our Why do we bring this amendment to were relaxing standards when it came Nation’s future and it is a critical part the floor today? Well, Senator DASCHLE to air pollution; we were turning our of our foreign policy. Make no mistake: and Senator DORGAN, as well as Sen- back on sound energy policy coupled Our focus on the Middle East is about ator REID of Nevada, have made the with sound environmental policy.

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2004 CONGRESSIONAL RECORD — SENATE S4411 When it came to the corporate wrongdoing. If they knowingly sold a will continue to do so in the future, we looters, whether you are dealing with toxic and dangerous product, which can make this part of this bill and send electricity or oil, I think it is obvious. caused damage to an individual, to it to the President for his signature, As we debate today this energy issue, their health, then, frankly, the Energy and say to those who have been waiting across the street from us, in the Su- bill said: We are going to give them a for some hope: When it comes to deal- preme Court, they are weighing the ar- pass. We are going to say they cannot ing with energy, we have an important guments in a case that has been be held accountable in court. Let the part of this bill that we have succeeded brought against the Bush-Cheney ad- individuals bear the burden of the cost in passing. ministration, a case brought by groups of the medical bills and cleaning up Many other challenges remain on en- that believe there should be full disclo- their water supply. Let the villages and ergy. We can face them, but let’s do the sure of the special interests that came towns pay the millions of dollars nec- right thing. Let’s adopt the Daschle to the table, the outside special inter- essary to overcome MTBE contamina- ethanol amendment today. est groups that helped to write the En- tion. I yield the floor. ergy bill. That is the reason I voted against The Bush-Cheney administration— that energy bill. I went back to Illinois The PRESIDING OFFICER (Mr. particularly Vice President CHENEY— to a meeting of my Illinois Farm Bu- HAGEL). The Senator from Arizona. has been so adamant to continue to reau, a group that was very strong for Mr. MCCAIN. Mr. President, I regret conceal and keep secret the sources of this ethanol provision, and it was a that I was not here at the time the information which led to that energy cool reception. They wanted to know Democratic leader offered his amend- bill that the case has gone all the way why, after some 20 years on Capitol ment. But, of course, it would not have to the U.S. Supreme Court. That is, Hill, I turned my back on ethanol. mattered really much whether I was frankly, because many of those who Well, I told them. I am still for eth- here. came to the table must be a great em- anol. I still believe in it. I support this I wonder, since we have seen a sin- barrassment to this administration. It amendment. But I do not believe in the gular lack of progress in the last few has been said, it has been admitted by special interest favors that were in- months, particularly in the last few some, that Enron—and those were the cluded in that energy bill. They under- weeks—literally every piece of legisla- glory days when Enron was still close stood. Many of those same farmers tion, with the rarest exception, has friends with the White House—Enron came to me afterward and said: We un- been loaded up with extraneous amend- was in on the writing of this energy derstand completely. You ought to ments and has had to be brought down. bill. It is no surprise. Just read the bill. clean up that bill. You ought to pass Of course, I have only been here for 18 It was a bill that, frankly, had too the good provisions that are good for years. That is not a long time com- many of those special interest groups America and get rid of the rest of that pared to some. But I have to say, I am writing too many provisions. mess. unaccustomed to this kind of procedure So here we come today with a pro- Well, we are trying to do that today. where in good faith we brought this bill posal by Senator DASCHLE which is Senator DASCHLE’s leadership has to the floor, in good faith we voted clo- long overdue. It tends to take away all brought an important part of this bill ture on the motion to proceed, and of the chaff and leave the wheat. forward. Ethanol is not just an Amer- then the Democratic leader stands up Let’s go to the important part of the ican homegrown energy source; in my and proposes a totally, completely, ab- Energy bill where there is bipartisan part of the world, ethanol is a job solutely extraneous amendment, an en- consensus. Thank goodness we no source, and we desperately need jobs in tire piece of legislation, the Energy longer have to labor with those provi- America. We have lost over 2 million bill, which has been hard fought in this sions which provided a sweetheart deal jobs under the Bush-Cheney adminis- body many times, as an amendment on for the producers of MTBE. MTBE is a tration. We have lost hundreds of thou- the Internet tax moratorium bill, with- fuel additive that has been put in gaso- sands of manufacturing jobs just in the out warning, without saying what he line for over 20 years in order to make State of Illinois. Ethanol plants being was going to do, without having the engines run smoother. But over 20 built around the Midwest, around the courtesy to inform me as the chairman years ago, they discovered that MTBE Nation, will create good-paying jobs in of the committee and the manager of might work in your engine, but outside rural areas, something we desperately the bill. If he had, I would have it was dangerous to the environment. need. I think it is important we do it. thought, well, maybe we ought to not It is not biodegradable. So if MTBE For those who say, ‘‘Well, why don’t bring it up. The temperature is 85 de- should leak from an underground fuel we wait until later,’’ we cannot afford grees in Phoenix today. It is not rain- tank and get into the water supply of to wait. The highway bill, which should ing there like it is outside. Why don’t an individual with a well or a town have been passed last year, that would we just go home? Why don’t we go that relies on an aquifer, it could make have created millions of jobs across home, relax with our constituents and the water undrinkable and, in fact, po- America, has been stalled in this Re- our families and friends, rather than go tentially dangerous to public health. publican Congress now for 2 straight through this charade of telling Ameri- European studies link MTBE con- years. The battle between the White cans that we are legislating. tamination to the cancer-causing House and the Republican leadership I agents which, frankly, we are finding cannot even explain at this point, but There was an old line in the cold war too often in our environment. for reasons that will only be known to era. The Russians said: We pretend to So the producers of MTBE knew them, they have held up the passage of work and they pretend to pay us. Well, about this problem in 1984, continued the highway bill at exactly the wrong we pretend to work and we are still to sell the product, and now commu- moment, the moment when we need getting paid. We are not working. We nities across America are being inun- jobs so much in America. are not doing anything. dated with MTBE pollution. Passage of this amendment on the I say to my friend the minority lead- In my State of Illinois, over 25 vil- ethanol provision will get us moving er and to my friend from Nevada—and lages and towns have MTBE contami- toward more investment, more capital they are my friends—what is this all nation. Over 200,000 people in my State creation, and more production of eth- about? You know very well that if an live in an area where they are trying to anol and construction of ethanol plants Internet moratorium is passed, an en- cope with MTBE contamination of across America. That is a positive, not ergy bill will not be part of it. Now we their water supply—a danger to fami- just for the Midwest but for our Na- are going to go through the parliamen- lies, a danger to businesses. tion. tary charade of having somebody offer So what did this energy bill say? I commend Senator DASCHLE. I think, a second-degree amendment and some- Along came a provision in the Energy frankly, we should face this issue. We body else will do a substitute, and then bill which said the producers of MTBE, should debate it in a timely fashion. somebody else will offer a second-de- unlike any other company in the We should vote on it. If the 69 or 70- gree amendment. What am I supposed United States of America, should not plus Senators who have stood with eth- to tell my constituents, the taxpayers, be held accountable in court for their anol on a bipartisan basis in the past we are doing here in Washington?

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4412 CONGRESSIONAL RECORD — SENATE April 27, 2004 If I had a townhall meeting and said, tween now and the beginning of Octo- Mr. DORGAN. I will be glad to recite yes, we had an Internet tax morato- ber, when we will break to take the them. I will not do it at this moment. rium bill, a bill that is vitally impor- electioneering from the floor of the There were line-item veto amend- tant to both sides as far as whether Senate out to our respective States, ments, motor voter, and others. Sen- taxation is going to be imposed on and do this or are we going to seriously ator DASCHLE has not offered an transactions over the Internet, which legislate as the American people sent amendment for the purpose of a head- some 70 or 80 percent of the American us here to do? line in South Dakota. I happen to sup- people engage in now—billions of dol- Obviously, I am upset because this is port renewable fuels and ethanol, and lars—we are going to decide in a par- a bill I have been working on for a long have for a long while. I make no apol- liamentary fashion whether those time, an issue I have been involved in ogy for that, nor would Senator transactions should be taxed or not for many years. Obviously, I am upset DASCHLE, because I think it advances taxed, and if so, under what cir- by it. I apologize if I have offended any this country’s energy interests. cumstances—this is the third time we of my colleagues. But at the same The reason it has to be offered now, have revisited this issue. Ten months time, this has been going on now for according to Senator DASCHLE—and we ago we passed it. months. This is not the first time we all understand this—is we had an en- The Senator from Tennessee will tell have done this. This is about the 50th ergy bill that failed here by two votes. me how many hundreds of hours he has time, again, on both sides of the aisle. I would have preferred we pass an en- devoted to this issue. The Senator from So why don’t we make a decision. We tire energy bill in this Senate. I voted Virginia will tell me how many hun- are going to attach the minimum wage for it and I signed the conference re- dreds of hours he has devoted to it. or we are going to attach lawyers’ fees port. I worked with the chairman of What do we do? We take up the bill. We or medical malpractice or one of these; the Energy Committee. I would have have debated it for barely 2 days. And we are going to attach them all back preferred that to pass because it had ti- what do we have? The Energy bill as an and forth. And we will be able to force tles in four areas I supported. I didn’t amendment to the Internet tax mora- votes on it, but unfortunately, we don’t agree with a colleague who said a few torium bill. legislate. minutes ago he thought there were What am I supposed to tell my con- Why don’t we make a decision? Why things that were unworthy and ren- stituents? I will tell you what they are don’t the leaders and all 100 of us get dered it something we should not have going to say: We don’t get it. That is together and decide what we are going passed. There were things in the En- what they are going to say: We don’t to do and what we are not going to do. ergy bill that were unworthy and I get it. Yes, it is important to me, Sen- At least the taxpayers may find some didn’t support, but on balance I be- ator, whether the State and local gov- comfort in the knowledge that at least lieved it would advance this country’s ernments can tax the things I buy on we would tell them what we are doing. interests. It failed by two votes in the the Internet. Some people say they I would imagine that as we speak we Senate. should; some people say they should will have some amendment and then a That bill contained production incen- not. But can’t you guys and women get second-degree amendment, and we will tives, conservation efficiency, and re- together and make a decision on it so fill up the tree, which probably very newable fuels. The issue of renewable I will be relieved of this lack of knowl- few living Americans understand, in- fuels is not new. We have worked on edge as to what the future holds? cluding Members of this body, but we this for a long time. If we cannot get What about all those people who are will consult the Parliamentarian as to the Energy bill, then we ought to get starting businesses that do business how the mechanics work. the renewable fuels piece at least. That over the Internet? What about them? I I suggest the absence of a quorum. has such wide, strong support here in am sorry, sir, we can’t address this The PRESIDING OFFICER. The Sen- the Senate. We have voted on it. I be- issue because we have to take up the ator from Virginia. lieve it was 69 votes in favor of that Energy bill. Mr. MCCAIN. I suggest the absence of provision. We had bipartisan, strong I certainly wouldn’t say it is all a quorum. support for that provision. about ethanol. I certainly wouldn’t say The PRESIDING OFFICER. The So if we cannot get the Energy bill, it is about a product that we have cre- clerk will call the roll. let’s at least take that which will, in ated a market for which has abso- The legislative clerk proceeded to my judgment, be beneficial to this lutely, under no circumstances, any call the roll. country’s long-term economic and en- value whatsoever except to corn pro- Mr. DORGAN. Mr. President, I ask ergy interests. That is what Senator ducers and Archer Daniels Midland and unanimous consent that the order for DASCHLE offers this amendment for on other large agribusinesses. the quorum call be rescinded. this bill, because the other opportuni- Here we go now. Here we go. The The PRESIDING OFFICER. Without ties don’t exist. If somebody said, well, Democrats have a retreat on Friday, so objection, it is so ordered. let’s bring an energy bill to the floor we are not going to be here on Friday. Mr. DORGAN. Mr. President, I know this week, rather than this bill, or No, we are not going to work 5 days my colleague from Virginia wishes to bring it to the floor next week—and I this week. Actually, 3, excuse me. And speak on the bill, and perhaps the Sen- am guessing; I don’t speak for Senator here we go, now we are going to spend ator from New Mexico does. DASCHLE—he would have said let’s do late this afternoon jockeying back and Let me say to my friend from Ari- that, because he supports certain pro- forth. zona, I understand his angst about this. visions of that bill, voted for it, was I am sure there may be a headline in But this is not a new procedure. The the author of the renewable fuels provi- South Dakota that says: Senator Senator from Arizona has employed sion and ethanol provision. So my DASCHLE fights for ethanol. I bet there the same procedure, as have I, as now guess is he certainly would want that will be a whole lot of press releases, does Senator DASCHLE today—that is, to happen. But because we are now told too, and maybe even the distinguished offering an amendment that does not the Energy bill will take a back seat to Senator from North Dakota will be relate to the underlying legislation. this, that, and the other thing, and fighting for ethanol, too. Meanwhile, There is a reason that happens. The that it will now perhaps be fall before we are not addressing the issues that reason that happens is the passion one we talk about it on the floor of the the American people care about. has for legislating on a specific issue Senate, Senator DASCHLE had every Right now they care about whether that doesn’t get resolved because some- right—perhaps an obligation—to come we are going to tax the Internet. I urge one else won’t allow you to bring it and here and say: I have a passion about my colleagues to tell us, all I want to debate it on the floor. So you offer an this, let’s advance this. This is an op- know is, are we going to spend between amendment under the rules of the Sen- portunity. now and when we go out of session at ate to another piece of legislation. Again, let me say I will bet, if I do a the beginning of October in this kind of That is what happened here. I say to bit of research, perhaps almost all of us back and forth? my colleague, he has employed the on the floor, with the possible excep- My side is also guilty, I freely admit. same tactic, as have I. tion of the Senator from Virginia, be- Are we going to spend that time be- Mr. MCCAIN. Never. cause he has been here fewer years—

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2004 CONGRESSIONAL RECORD — SENATE S4413 but I would find everybody now on the The PRESIDING OFFICER. The Sen- Mr. REID. I object. floor has offered an extraneous amend- ator from New Mexico is recognized. The PRESIDING OFFICER. There is ment to pending legislation. That is Mr. DOMENICI. Mr. President, I wish objection. The clerk will continue with not unusual. It is called for in the Sen- the Senator from Arizona were here, the reading of the amendment. ate rules. We face it every time we because I would like to tell him I agree The legislative clerk continued with bring up a bill. What would be counter- with many of the things he said. I cer- the reading of the amendment. productive is if you offer an amend- tainly did not come to the floor—in Mr. REID. Parliamentary inquiry, ment that becomes like throwing a fact, I left after the last vote, assuming Mr. President. wrench into the crankcase; you strip I would not be back down here. I The PRESIDING OFFICER. The in- all the gears and shut everything down. thought we were going on with some- quiry is not in order. That is trouble. thing and that his bill, which had been Mr. REID. It is not in order? That is not the case here. We have al- debated, although it had a number of The PRESIDING OFFICER. The reg- ready voted on this. We know there is small amendments—I thought it would ular order is the reading of the amend- wide bipartisan support. This isn’t go through here and become law. But I ment. The clerk will continue. throwing a wrench in the crankcase; have to admit between that little visit The legislative clerk continued with this is advancing a part of the Energy to my office and what I got on the the reading of the amendment. bill that ought to advance. phone about 25 minutes ago were very Mr. DOMENICI. Mr. President, I ask I will repeat, you have to be com- different. I don’t want to be accusa- unanimous consent that the reading of pletely oblivious to reality not to un- tory; I just want to say the minority the amendment be dispensed with. derstand we have a serious energy leader, over a long period of time, has Mr. REID. Reserving the right to ob- problem. Part of it is going to be solved been in the same predicament we have ject. by enhanced production, part by con- all been in with reference to an Energy The PRESIDING OFFICER. The Sen- servation, and part by efficiency. But bill. He has been in the same predica- ator may not reserve the right to ob- another part of it is going to be solved ment regarding ethanol as we have. We ject. some way, someday, somehow by a re- produced the first bill this year that Mr. REID. I object. newable fuels title that represents an had ethanol in it. As a matter of fact, The PRESIDING OFFICER. Objec- advancement in our ability to produce everybody remembers that comprehen- tion is heard. The clerk will continue ethanol and other renewable fuels. We sive bill was defeated by two votes in a with the reading of the amendment. are going to do that. We can do it soon- cloture. It got 58 votes—that first one. The legislative clerk continued with er or later. We can do it now or we can What we have is somebody has taken the reading of the amendment. wait. But I submit to you this: Given a piece of the Energy bill and attached Mr. DOMENICI. Mr. President, I ask what we face in this world, the threat it not directly to the McCain amend- unanimous consent that there be a of terrorism, cutting off an energy sup- ment but to the tree on the side, as an temporary holdup in the reading of the ply to our country, 60 percent of our oil amendment which will fail when amendment. coming from outside of our shores, McCain passes. Nonetheless, I guess The PRESIDING OFFICER. Is there much from troubled parts of the world, making the point that you had a vote objection? we had better get the entire Energy on ethanol does somebody something. Mr. REID. I object. I don’t know bill up and get it done. I pledge—and I AMENDMENT NO. 3051 TO AMENDMENT NO. 3050 what ‘‘temporary’’ means. think the Senator from New Mexico Mr. DOMENICI. Mr. President, I Mr. DOMENICI. Will the Senator ob- will recognize I was a constructive part want to suggest I am very pleased this ject if it was understood that the read- of his deliberations and voted for it and happened, because I now send to the ing could continue as soon as we finish signed the conference report—I will desk S. 2095 as an amendment to the our discussion? Temporarily, just 5 again be a constructive part of those Daschle amendment. minutes per side and then the reading deliberations. The PRESIDING OFFICER. The will continue. But if we are not going to get an en- clerk will report. Mr. REID. Reserving the right to ob- ergy bill up here, my colleague has The legislative clerk read as follows: ject, Mr. President, it is my under- every right to come to the floor and The Senator from New Mexico [Mr. DOMEN- standing the Senator from New Mexico try to advance this renewable fuels ICI] proposes an amendment numbered 3051 to is asking that there be 10 minutes of provision. I support that. It is an ap- amendment No. 3050. debate equally divided; following that, propriate thing to do. I don’t believe it Mr. DOMENICI. Mr. President, I ask the reading of the amendment will con- should impede us in any way. We can unanimous consent that further read- tinue? do it in a half hour. We know it, we ing of the amendment be dispensed The PRESIDING OFFICER. Is there know what it is, and we know what it with. objection? will do for this country. It cannot be Mr. REID. I object. Mr. DOMENICI. And nothing will The PRESIDING OFFICER. Objec- suggested this somehow is going to change. tion is heard. The PRESIDING OFFICER. Without slow down this bill; it will not and it The legislative clerk continued with need not. The only thing that will do objection, it is so ordered. the reading of the amendment. Mr. DOMENICI. Mr. President, might that is if those who decide they don’t Mr. REID. Parliamentary inquiry, I engage in a conversation with the dis- want this piece of the Energy bill to Mr. President. advance decide to find a way to inter- The PRESIDING OFFICER. The Sen- tinguished Senator from Nevada and rupt this amendment. ator from Nevada. talk for a minute and tell him what is Having said all that, I will say again Mr. REID. Can the Chair give the happening? it is not about headlines for anybody. Senator from Nevada an idea of how What I sent to the desk is a bill we It is about the right of Senator long it would take to read the amend- will now call S. 2095, the comprehen- DASCHLE to offer an amendment that is ment? sive bill that we took to the Senate important, which has already been dis- The PRESIDING OFFICER. The Par- floor that Senator DORGAN alluded to. cussed in the Senate. I hope the Senate liamentarian advises the Chair that It was H.R. 6. We heard arguments that will have a vote on it and pass it and the inquiry is not in order while the it was too expensive. This bill is no move on and deal with the underlying amendment is being read. longer expensive. As a matter of fact, bill and pass it when we have solved Mr. DOMENICI. I did not hear the it is negative cost. It puts money back the definition problem. I support a Chair. in the Treasury. moratorium, and I believe since we The PRESIDING OFFICER. The Par- We heard that Republicans could not have had a moratorium for 5 years pre- liamentarian advises the Chair that an vote for it, and some Democrats, be- vious, we can find a way to solve the inquiry is not in order during the read- cause of MTBE. That is out of this bill. definition problem and continue a mor- ing of an amendment. It is no longer there. atorium with respect to Internet tax- Mr. DOMENICI. I ask unanimous I went back to the drawing board, ation. consent that the reading of the amend- took out direct spending, the raising of I yield the floor. ment be dispensed with. revenue was taken out of this bill, and

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4414 CONGRESSIONAL RECORD — SENATE April 27, 2004 it was put in another bill. So there is The PRESIDING OFFICER. The Sen- ists is to improve it by bits and pieces. no raising of revenue that goes in this ator from Nevada. The way to improve the endangered bill. It is in the tax bill that will be up Mr. REID. Mr. President, it goes species law in this country is to do it next week. without saying, but I will say it again, by bits and pieces. The Energy bill is What I came to the floor of the Sen- I have worked with Senator DOMENICI the same thing. ate to do, and I say this to the distin- during my entire 18 years in the Sen- I say to my friend, we are not going guished acting leader of the minority, ate. During more than half of that to pass a bill that the Senator from Ar- was to see, rather than piecemeal this time, he and I have worked as the izona referred to as the hooters and bill, if we couldn’t get an agreement chairman or ranking member, as the polluters bill. Why was it referred to as that S. 2095 could become the subject majority of the Senate goes back and the hooters and polluters bill? Well, matter and that we may have three or forth, on one of the most important many of us think it did nothing to four or five amendments to a side. That subcommittees there is in the appro- clear up the environment. Where did is what I propound to the Senator from priation process, Energy and Water, so the hooters come in? One of the orna- Nevada. we have worked very closely together. ments attached to the Christmas tree I know how strongly Senator We are partners in that legislation, bill was to give a financial stipend to a DASCHLE feels about this energy bill as and he is my friend. However, on this Hooters operation some place in the it pertains to all the items he wants, energy bill let me say this: First, today southern part of this country. That is including ethanol, and all the other of all days is a day when the Supreme where it got its name. items I described. He would have no ob- Court of the United States was hearing We are not going to pass major legis- jection to any of them. MTBE is out of a most important case, a case the Vice lation on energy in the near future. the bill. It is no longer subject to criti- President of the United States has What we can do, though, is pass the part on which there is general bipar- cism because it costs too much. As a stalled for 31⁄2 years. He had meetings matter of fact, it is about as cheap a during the transition period after tisan agreement. Ethanol is an exam- bill as you can get and still get an en- President Bush and he were elected, ple. More than two-thirds of the Senate voted for that legislation. It seems to ergy bill. meetings with people from the energy It does a lot of exciting things. With field, oil companies, automobile manu- me entirely logical that we should dis- pose of that matter. It would do some reference to the electric grid, it does facturers, but we are not certain, peo- good to help the energy crisis we all ac- great things to eliminate gridlock and ple from the nuclear industry. All the American people have asked knowledge is in this country. to do other very important activities. I As I spoke about earlier today, I do not want to waste the time of Sen- for in 31⁄2 years is tell us who they met throw bouquets to Senators BAUCUS ator REID going through this bill be- with, what they talked about, and and GRASSLEY for having done what cause I think he knows what we are when the meetings took place. He has they did in the recent FSC bill by in- doing and he knows what he is doing. refused. Now this matter has gone to cluding in that something that is ex- I want to save this energy bill. I want the Supreme Court, and that argument tremely important—section 45, produc- to make sure everybody knows it is was held today. These were secret tion tax credits for renewable re- still alive and that it is good what hap- meetings, I guess is what they are, and sources—that expands and extends a pened here because some time in the if there was ever a time in the history credit for wind, geothermal, solar, and next couple of days, we are going to of the country where we need to debate biomass. That is important. We should prove that this energy bill still lives. I the energy crisis, as some refer to it pass that measure next week. I think do not intend to kill the amendment of openly, it is today. The first step to we are going to do that. We should do Senator MCCAIN. That is not my pur- that would be to find out who the Vice the ethanol bill now. pose. I want to make sure everybody President met with, why he met with My friend from Arizona, the distin- knows and everybody in this country them, what he talked about, and how guished senior Senator from Arizona, knows we have a good energy bill that long the meetings took place. He has asked, What is going on in the Senate? is alive, and we have the tax portion refused to do that. The PRESIDING OFFICER. The Sen- alive in another area. Frankly, I did I also say that this country has ar- ator’s times has expired. not think we could get this far. But I rived at a point in time where we are Mr. REID. I ask that the Senator thank the distinguished minority lead- not going to be able to do major legis- from Nevada be given an extra 4 min- er for opening up this door. lation. Let me give some examples utes and the Senator from New Mexico He opened it a little bit, and I made with rare exception. Take, for example, be given an equal amount of time. a nice wide door and put in the whole the endangered species bill. The endan- The PRESIDING OFFICER. Is there bill. That is what this is about. A little gered species bill has caused problems objection? Without objection, it is so tiny piece of the bill yielded an oppor- in the State of North Dakota, and I ordered. tunity to put the whole bill in here. know this because I have heard my two The Senator from New Mexico. Now all I ask is that we sit down and colleagues from North Dakota talk Mr. DOMENICI. Is it possible we could take that off the reading of the make an agreement that this bill be about the problems of the endangered amendment? looked at—I could say to the distin- species law in North Dakota. But it is Mr. REID. It is possible. I will think not limited to North Dakota; the en- guished Senator who spoke about a bill about it after. that had been passed some time ago, I dangered species law is a problem for Mr. DOMENICI. We would think that can almost guarantee him that if he most States in the country. The State it would, but that is a guess, although liked that bill, he will much more like of Nevada ranks 34th in the number of it would be a pretty good guess. this bill than the one he voted for be- listings for endangered species. Mr. REID. I ask unanimous consent fore. It is much better. It is much more A number of years ago Senator BAU- that I be given 4 additional minutes, an streamline. It accommodates a lot CUS, Senator CHAFEE, Senator Kemp- extra 4 minutes be given to the Senator more interests, and I believe we could thorne and I tried to do a major revi- from New Mexico, and then we go back get an overwhelming majority of votes sion of that bill. We could not do it. In to reading the amendment when I fin- for it. that same Environment and Public ish. I want to close by saying if there is Works Committee, there was a decision The PRESIDING OFFICER. Is there anybody in this country who does not made that we needed to do something objection? Without objection, it is so know there is an energy crisis, then about Superfund. We could not. We ordered. they must have been sleepwalking for have tried. Senator SMITH, Senator The Senator from Nevada. the last 6 months because we are in a LAUTENBERG, and others on that com- Mr. REID. Mr. President, what I was crisis of high order. mittee tried. They were at loggerheads. saying is the Senator from Arizona I am offering a way to make sure we They could not come up with a major asked, What is going on in the Senate? keep alive an energy bill that will revision of that bill. I mean, can anyone imagine—and I am work. So the decision has been made by paraphrasing—they offered an amend- I yield the floor and reserve the re- most legislators that the way to im- ment to energy on a bill that deals mainder of my time. prove the Superfund law that now ex- with the Internet tax?

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2004 CONGRESSIONAL RECORD — SENATE S4415 My friend from Arizona, who is one of MCCAIN, the chairman of the Com- will have the hope and have alive the the most astute politicians this coun- merce Committee, that we can come up idea that a good Energy bill, which we try has ever seen, knows what is going with a compromise in a reasonable pe- have gone through and swept with all on. We are in the Senate. This has been riod of time. It is totally appropriate kinds of brushes to make it a bill that going on for more than 200 years. We that we dispose of Senator DASCHLE’s everybody likes, will be pending before have the right to do that. In years past, amendment. People should vote it up us. no one ever considered it anything out or down. More than two-thirds of the I am hopeful that in the process we of the ordinary. Senate approved it at one time. Why will not have taken so much time that The problem we have in the Senate should that change? Senator MCCAIN can’t get his bill done. today is we do not do anything. In the The PRESIDING OFFICER. The Sen- I am very hopeful of that. I hope Sen- last 4 weeks, we have voted 11 times. ator from New Mexico. ator MCCAIN’s staff understands that Why? Because amendments are offered Mr. DOMENICI. First, I wish to talk all I have been speaking of, unless we to important legislation like FSC and about what is going on in the Senate. I have to stay here all night and tomor- there is a desire to have a vote, for ex- could hardly believe my friend—and he row to get this read, I am looking for ample, on overtime. How much time is my friend; what he said about our the time, looking ahead here and fig- does Senator HARKIN want to debate working together is true, but I could uring that you can get your amend- that? He will take 10 minutes and vote hardly believe my ears when he sug- ment done and we can get an impor- on it. We have not been given that gested that the Republicans are keep- tant decision by this institution, in privilege. ing us from voting in the Senate. I light of the terrific price of gasoline, So what is going on in the Senate mean, I have a list of what has been whether they want an energy bill or today is what has gone on for 200 years. going on for the last 3 months. You not. That is going to be a good one to The difference is, nothing is ever know, it is nothing. It is not because of watch and it will be a good one to have brought to conclusion because people the Republicans, but the Democrats on a vote on, I will tell you. do not want to vote. The majority has every issue have said they want to fili- How much time do I have remaining? made a decision they do not want to buster it. We have had more clotures in The PRESIDING OFFICER. The Sen- vote, so we do not vote. the last 3 months than any 3 months in ator has 1 minute 15 seconds remain- So I say to my friend from Arizona, the history of the Republic, unless ing. we are doing what has been historically there was one after another on one bill Mr. DOMENICI. And how much does done in this body. Some may ask, Well, of which I am unaware. So let’s talk Senator REID have? Senator REID, why would you ask this about that in reality. The PRESIDING OFFICER. The Sen- amendment be read? Because I feel Let me say to my good friend Sen- ator has 8 seconds. that offering this amendment of some ator REID, if he thinks there is only Mr. DOMENICI. Do you want to yield 800 to 900 pages is only a message that one good provision in this bill that ev- our time back? says we are going to continue doing erybody might vote for, let me tick off Mr. REID. I would like an additional business in the Senate the way we have what is in this bill and ask you if you 1 minute on our side with the same all year long and do nothing. Every- think it would be 51 or 61 votes for it. rule in effect body knows that we are not going to Let me start: Encouraging the produc- Mr. DOMENICI. I would take 1 in ad- pass this. It is the same as the endan- tion of domestic oil without violating dition in case you say something that gered species. It is the same as Super- the environment; encouraging the de- needs to be rebutted. fund. We are not going to pass a hoot- velopment of more natural gas from The PRESIDING OFFICER. Without ers and polluters bill. three sources, all American; encourage objection, it is so ordered. The Senator We can take bits and pieces out of the building of necessary infrastruc- from Virginia. that legislation and do some good for ture such as the Alaska natural gas Mr. ALLEN. I ask the Senator from this country. I repeat: To do the sec- pipeline; encourage more renewable en- New Mexico to yield for the purpose of tion 45 production tax credit would be ergy—everybody speaks about it, this a question. a tremendous boon to this country. We bill promotes it, and we can’t pass it— Mr. DOMENICI. Certainly. would be able to start producing en- promote energy efficiency; promote Mr. ALLEN. Mr. President, I ask the ergy alternatively. It would help the clean coal technology; increase R&D on Senator from New Mexico, while all capital markets. There would be con- a variety of technologies and improve this discussion is going on about the struction jobs. I think it is the right our electricity grid. underlying bill, and while it is inter- way to go. These are the things in this bill. I esting to talk about endangered species I am disappointed that my friend don’t care how big it is, how many and Supreme Court cases and so forth, from New Mexico, who has worked pages are in it. If the distinguished mi- and energy is important, clean coal and hard—as my friend from North Dakota nority leader can bring up one piece of new sources of natural gas are impor- said, no one has worked harder on this it because it is popular, then I believe tant, and oil, and a variety of other energy bill than my friend from New I ought to be entitled to bring up the things, the fuel cell and so forth—at Mexico, the distinguished senior Sen- rest of the bill which is also popular. any rate, the reality is when you speak ator, but I say to him, someone I Remember, there is no MTBE in it. If of endangered species, there are endan- should not be giving advice to because we would have brought that first bill gered jobs in rural America. he has far more experience than I have, here without MTBE in it, it would have Even though this debate is on the this bill is not going to pass. I repeat already passed; we would be finished. ethanol matter, the Corn Growers As- for the third time, look at what we Yet this bill is more stripped down sociation is very much strongly in have tried to do with endangered spe- than that. Because in addition to favor of making sure there is no tax- cies, look what we have tried to do MTBE not being in it, I have already ation on the Internet. They realize how with Superfund. Those are only two of told you that it doesn’t cost anything. important that is; that this measure be the numerous other pieces of legisla- I have told you the tax provisions are passed for jobs and economic growth in tion we need to work on, but let’s do somewhere else, and I have just given rural America. There are 35 States in them piece by piece. That will be my you a litany of what is in it. the Corn Growers Association. suggestion. I submit, before we are finished, if it I would ask the Senator from New I will give some thought to taking takes all night or however long you Mexico, what is the purpose of reading away my objection to reading the want us to be here reading it, that we this title of this bill as opposed to act- amendment, but I am going to give will have a vote and it will be a cloture ing on the Energy bill, which I consider some thought to that because I think on this bill and I submit there will be a detour and a tangent off of the Inter- offering this amendment is only a way two of them. There will be one on Sen- net access tax issue, or even addressing of preventing our moving forward on ator DASCHLE’s and one on Senator issues from those who want to tax the this important legislation. I have spo- DOMENICI’s. I believe Senator Internet and may want to put on some ken to the manager of this bill. He DASCHLE’s will fail and I believe mine more amendments? Why do we have to thinks that working with Senator will pass, and what we will have is we spend time listening to the melodious

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4416 CONGRESSIONAL RECORD — SENATE April 27, 2004 voice of our clerk reading off the title bill. That was confirmed by the Sen- reading of titles of amendments. We of your amendment? ator from New Mexico. have seen detours, political posturing, Mr. DOMENICI. Senator, I yielded to I further went on to say, to ask the partisanship, criticizing of the Vice you without knowing you were going Senator from New Mexico if it had the President, and all sorts of cover for to use all the time I had remaining. section 45 production tax credit in it. past obstructionism. Mr. ALLEN. I am sorry. He said no. I then went further and Obviously, things such as the geo- Mr. DOMENICI. If there is anybody I said, would he, the Senator from New thermal are important. Clean-coal would like to do that for, I would do it Mexico, support the FSC bill, which technology is important. Biomass, for you, but how much time do I have does have the production tax credits in solar photovoltaic, energy policy, ex- remaining? it, and he said he would. ploration of the North Slope of Alaska, The PRESIDING OFFICER. The Sen- I then said, that being the case, that natural gas pipelines for greater quan- ator has 32 seconds remaining. we have a smaller version of the origi- tities of natural gas—all of that is very Mr. DOMENICI. Senator, I am going nal Energy bill than I originally important. Then you listen to people to try to answer your question when I thought, and, further, that he would talk about endangered species. A Sen- get back on my feet, but I yield the support the FSC bill, including the pro- ator was talking about endangered spe- floor at this point. duction tax credit provision that was cies. I am thinking: You know what is The PRESIDING OFFICER. The Sen- placed in there by Senators GRASSLEY endangered in this country—particu- ator from Nevada. and BAUCUS. I then said I think that is larly out in rural areas—is jobs for peo- Mr. REID. Mr. President, the Senator going to make for some interesting ple in rural America. from New Mexico has stated the bill he votes in the next few days. The main point of this debate and offered is not the so-called hooters and Mr. DOMENICI. So you said about 2 where we are supposed to be today is polluters bill, so named by the distin- days? I still didn’t get that. those who want to have the Internet guished Senator from Arizona, but in Mr. REID. I would assume the alter- free from taxation and others who have fact it is a slimmed down version of natives, I say through the Chair to my other ideas. The Senator from Texas, that bill. friend from New Mexico. I assume the Senator HUTCHINSON, had an amend- I ask through the Chair of my friend majority has a number of alternatives. ment. We voted on it, and we are sup- from New Mexico, is that, in fact, the They can debate endlessly the amend- posed to be considering other amend- case? Could you answer that yes or no? ment you have offered, the amendment ments on Internet tax. Now we are off The bill that is now before the Senate the Senator from Arizona has offered, on a tangent of ethanol. First it was is a slimmed down version of the so- and we already have cloture having ethanol, and now it is the larger En- called hooters and polluters bill? been filed on the minority leader’s ergy bill. I was thinking the key people Mr. DOMENICI. Senator, I can only amendment—so it is possible, I don’t who like the ethanol provision are peo- do that in dollars. The original bill know if the majority has made that de- ple who grow corn in America. cost $31-plus billion; this one costs neg- cision, they could file cloture on your There is an association, the Amer- ative $1.2 billion. amendment. ican Corn Growers Association. To get Mr. REID. I ask, does this bill have Mr. DOMENICI. That is correct. everyone to focus a second on the main in it the section 45 production tax cred- Mr. REID. They could file cloture on issue, which is whether the Internet it? the amendment of the Senator from ought to be taxed at the State and Mr. DOMENICI. No, it does not. Arizona. That is why I said in a couple local level, I will share with my col- Mr. REID. I ask my friend from New of days. It takes 2 days for these clo- leagues what the American Corn Grow- Mexico, would you support—supporting ture motions to ripen. Maybe Thursday ers Association actually thinks of S. your bill here, that is the one I have of- we could have a vote on all these mat- 150, the bill to make sure there is not fered as an amendment, would you sup- ters, and I said it would make for some taxation on the Internet. port the FSC bill with the section 45 interesting votes. They said they support S. 150. They production tax credit in it? Mr. DOMENICI. Mr. President, I sug- want to make the existing Federal Mr. DOMENICI. Sure. gest the absence of a quorum. I don’t moratorium against State and local Mr. REID. Mr. President, I am going quite understand, I say to both Sen- taxes on Internet access, as well as to, at this time, that being the case, ators. I want to help, but I don’t under- multiple and discriminatory taxes tar- recognizing that what the Senator has stand. geting interstate commerce, perma- offered is a slimmed down version and The PRESIDING OFFICER. The nent and national in scope. They feel is not the original bill, and that he clerk will call the roll. the bill would ensure technological would support the provision in the FSC The legislative clerk proceeded to neutrality so all Internet users, includ- bill—I think a combination of those call the roll. ing their members—being the corn two might make some interesting Mr. MCCAIN. Mr. President, I ask growers—are protected by the Federal votes here in the next day or two—I unanimous consent that the order for moratorium no matter what tech- withdraw my objection to waiving the quorum call be dispensed with. nology they use to access the Internet. reading the amendment. The PRESIDING OFFICER. Without The Corn Growers Association feels the The PRESIDING OFFICER. Without objection, it is so ordered. new technologies are particularly key objection, it is so ordered. Mr. MCCAIN. Mr. President, could I to ensuring Internet access to rural (The amendment is printed in today’s ask what the parliamentary situation America. RECORD under ‘‘Text of Amendments.’’) is? They are exactly right, whether that Mr. DOMENICI. Could the Senator The PRESIDING OFFICER. There is is through DSL lines, through wireless, tell me what you said about votes in a pending Domenici second-degree satellites, or electric power lines, there the next couple of days? I didn’t get it. amendment to the pending Daschle are a variety of ways rural America The PRESIDING OFFICER (Mr. first-degree amendment to the under- needs to get access to broadband. ALEXANDER). The Senator from Nevada. lying text of the bill. The American Corn Growers Associa- Mr. REID. I know the Senator from Mr. MCCAIN. So we are debating the tion, which represents people and in- Virginia wants to speak on the under- Domenici second-degree amendment to terests of corn producers in 35 States, lying bill. I will be as brief as I can. the Daschle amendment to the sub- works very hard to enhance farm in- What I told the Senator from New stitute or to the original S. 150. come. They care about protecting rural Mexico, through the Chair, is that it The PRESIDING OFFICER. That is communities. They say they recognize was my understanding that the bill correct. the need to have a strong and stable that was offered in the form of an Mr. MCCAIN. I yield the floor. I farm economy, not just for the farm- amendment was nearer the original bill thank the Chair. ers, but for consumers, as well. They that was offered and cloture was not The PRESIDING OFFICER. The Sen- feel the Internet Tax Freedom Act and invoked on it previously. I have been ator from Virginia. S. 150 is intended to exempt access to told by my staff and others that it is a Mr. ALLEN. Mr. President, I have the Internet from taxation, including, slimmed down version of the original been listening to the debate and the they recognize, transmission. The Corn

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2004 CONGRESSIONAL RECORD — SENATE S4417 Growers feel to exempt from taxation world, or all over the country, as the what we will see are State and local the transmission is an integral part of case may be. tax commissars imposing tele- accessing the Internet. They feel fail- If we continue to delay on this issue, communication-based taxes that aver- ure to amend the existing law would we will see what has happened in the age about 17 percent on the Internet. make consumers susceptible to sub- last 2 years. What has happened in the This moratorium that we are trying to stantial taxation of their Internet ac- last 2 years, a little over 2 years, is get action on here on the Senate floor cess. They also say even the definition unelected bureaucrats come up with is designed to protect consumers and of Internet access is outdated and does revenue rulings or taxation rulings avert the adverse impact of taxation on not cover all forms of technology used that have found a loophole in the origi- real people in our real world and in our to access the Internet that exists nal moratorium and have started im- economy. today. posing taxes, about $40 million worth So while there are all these machina- The wording of the original statute is of taxes across the country. That is not tions and maneuverings and parliamen- exclusive of consideration of the mul- a great deal in money, but nevertheless tary procedures and political posturing tiple technological advancements and taxing DSL is a great concern to many. and tangents and detours, I would ask changes that have developed in busi- When they tax Internet access, that my colleagues, in the midst of this, if ness since 1998. This is inadequate, says means fewer people can afford it. The we are going to have votes on all these the Corn Growers Association, and will reason most people do not have Inter- other ideas, some of which have a great almost certainly result in new taxes net access is they cannot afford it. We deal of merit—and maybe, for those of imposed on Internet users. They feel are concerned about an economic dig- us who do not want to tax the Internet, keeping the current language in place ital divide. If you want to close the di- we should feel somehow applauded or will perpetuate a competitive dis- vide and make sure people all over this grateful that people would want to at- advantage among providers by exempt- country have greater ability to have tach salutary, positive ideas; they fig- ing some of the types of high-speed access to the Internet, and the benefits ure this is going to pass, and this is the Internet access while other types therefrom—whether education, access way to get those other ideas done—but would be taxable. to information, commerce, telemedi- as you get on to these other non- We have the American Corn Growers cine, a variety of other applications, germane issues, let’s act on them Association, which undoubtedly would particularly with broadband—then we quickly, and let’s also keep our eye on be for ethanol provisions proposed on must not tax Internet access. Adding the ball. the floor, but clearly the American taxes will not help. While folks may care about endan- Corn Growers Association, as well as I hope we will make a decision this gered species, let’s remember, real peo- dozens of organizations, whether tech- week. Let the American people know ple in the real world who we want to nologically involved or not, care a where we stand. More importantly, let make sure have the opportunities that great deal about whether broadband is those companies that will have to come from having access to broadband going to be taxed. make investments in the range of tens and Internet, whether they are a small All these parliamentary procedures of millions of dollars to serve various business owner, a student, or somebody and all these delays and tangents and areas know what the policy of this who is looking for a better job, let’s detours take us away from the point at country will be. In the past, the ques- make sure we pay attention to the hand and the decision that needs to be tion has been one of freedom—making issue at hand, the underlying measure; made by the Senate. It ought to be sure the Internet was free from tax- and that is, to make sure the Internet done as quickly as possible. The ques- ation. We see great growth, great op- stays free from onerous and burden- tion before us is whether American portunity. That should be the approach some taxation for all people all over consumers are going to be hit on aver- for the future, from my point of view. the United States of America. age with 17-percent telecommunication A decision needs to be made so the Mr. President, I yield the floor. taxes on their monthly Internet service folks planning expansion of the Inter- The PRESIDING OFFICER. The Sen- bill. The question is whether Internet net—those companies, those entre- ator from Ohio. service bills will look like a telephone preneurs—know what the playing field Mr. VOINOVICH. Mr. President, I am bill, with multiple taxes from the lo- will be in the future. It is my view, kind of surprised that the Corn Grow- calities, from the States, and even the looking at the votes, whether on the ers Association of America is sup- Federal Government. motion to proceed or the most recent porting the Allen-Wyden legislation. I My friends, it is absolutely essential, amendment from the senior Senator am sure that if they really understood I say to my colleagues, that we act on from Texas, the vast majority of the the ramifications of this legislation, the Internet access tax issue. As more Senators realize the Internet ought to they would not be supportive of it be- and more taxes get imposed, it is near- remain free from burdensome, onerous cause they would understand that if ly impossible to ever get those taxes taxation. A majority of the Senators that legislation passes, their real es- off. Look at your telephone bill. There recognize we need to update the defini- tate taxes or other taxes they are pay- is a slew of taxes; some that are incom- tion of Internet access to make sure ing would increase. prehensible. There is one tax placed on the DSL, wireless and other methods of I am going to make a point of getting there in 1898 as a luxury tax. It was a accessing the Internet, are not subject in touch with them. I received the luxury tax in 1898 to finance the Span- to these burdensome taxes. President’s Award last year from the ish-American War. Guess what? We are From these votes, at least in the Corn Growers, from Fred Yoder, who still paying that tax. That war has early indications, it appears that a ma- was their president, and worked very been over for over 100 years. jority of Senators recognizes that we hard, several years ago, to get the pe- That is why it is important we act ought to be closing the economic dig- troleum people and the Corn Growers and not delay, not dawdle, not get off ital divide. A strong majority of Sen- together to come up with the ethanol on tangents. If we do get off the point, ators recognizes there are innovations, compromise that is now in the Energy we need to get back on the subject, the there are new ideas, and we want to bill. point of voting and taking a stand on make sure this country will be in the I am glad the Senator from Virginia whether Members stand on the side of lead for adaptations, the benefits, pros- has pointed out they are supporting freedom and opportunity for people by perity, and opportunity that will flow this legislation. I am going to get in not having Internet access hit with 17- from new advancements in technology. touch with them right away and share percent taxes or more, or whether we We certainly do not want to be increas- with them some information they will stand on the side of freedom, ing the costs to anybody in this coun- might not have had at the time they where the broadband can get rolled try for logging on to the Internet ev- came out to support this legislation. out—not just to city areas and subur- eryday. This afternoon the Senator from Ari- ban areas, but out to the country, to In my view, if the Senate does not zona quoted from a policy paper of the rural areas so people can have access if act, if the Senate does not invoke clo- National Governors Association and they have their own business, access to ture and pass an updated Federal mora- mentioned the criteria that the Na- sell goods or services all over the torium on Internet access taxation, tional Governors Association said

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4418 CONGRESSIONAL RECORD — SENATE April 27, 2004 should be in any bill that deals with modems, high-speed broadband, and Digital all the way to and including the ‘‘backbone.’’ this question of Internet taxation. I Subscriber Line (DSL) offerings to wireless Compared to the original moratorium, which would like to go through that policy technologies and even satellite and power expressly exempted telecommunications paper and share that with my col- line connections. The Internet’s broad reach from its scope, H.R. 49 and S. 150 could ulti- and technological promise is also trans- mately put at risk most, if not all, state and leagues in the Senate. forming entire industries such as tele- local telecommunication tax revenue. (See First: NGA supports, as I do and as communications, which is rapidly migrating attached chart.) the Presiding Officer does, reasonable all of its services to Internet based tech- H.R. 49 and S. 150 would also intensify a extension of the Internet Tax Freedom nologies and rolling out new services such as long-standing problem with the original defi- Act. Voice Over Internet Protocol (VOIP). nition: the unlimited ability to bundle to- In this policy paper that was quoted As Congress considers legislation to extend gether content and ‘‘other services’’ into a from: the moratorium, NGA encourages members single offering of tax-free Internet access. Services such as VOIP highlight the risk The NGA calls upon Congress to adopt S. to adhere to the following guidelines to 2084, the ‘‘Internet Tax Ban Extension and maintain the balance struck by the original states face from this broad definition. Unlike Improvement Act.’’ This compromise bill, moratorium, a balance that encouraged the traditional telecommunications services, sponsored by Senators Alexander and Car- growth of the Internet but still respected VOIP uses the Internet to transmit voice per— state sovereignty: communications between computers, phones 1. DO NO HARM; ANY EXTENSION OF THE MORA- and other communications devices. Industry and, by the way, Senator VOINOVICH— TORIUM SHOULD PRESERVE EXISTING STATE observers expect 40 percent of all telephone offers a reasonable extension of the morato- AND LOCAL REVENUES. calls in the United States to be Internet rium while addressing industry concerns for The original moratorium protected exist- based within five years. If VOIP is allowed to technological neutrality without unduly bur- be bundled with Internet access into a single dening state and local governments. ing state revenues by grandfathering tax laws in place before 1998 and prohibiting only tax-free offering, and telecommunications I am not going to go into all these, new taxes on Internet access. In contrast, used to deliver that offering are also tax but I ask unanimous consent that this H.R. 49 and S. 150 would cost states much free, states could quickly see their tele- policy paper be printed in the RECORD. needed revenue by repealing the grandfather communications tax base erode to nothing. There being no objection, the mate- clause and expanding the law to prohibit Language in S. 150 as amended and S. 2084 rial was ordered to be printed in the taxes on telecommunications ‘‘used to pro- that requires service providers to unbundled taxable services from non-taxable Internet RECORD, as follows: vide Internet access.’’ Stating that the pro- posed bills would trigger a possible point-of- access is helpful, but only if the universe of NGA SUPPORTS REASONABLE EXTENSION OF what constitutes Internet access is actually THE INTERNET TAX FREEDOM ACT order under the Unfunded Mandates Reform Act, the Congressional Budget Office (CBO) limited. The National Governors Association (NGA) estimates removing the grandfather provi- 3. STAY FLEXIBLE—A TEMPORARY SOLUTION IS supports extending the federal ban on state BETTER THAN PERMANENT CONFUSION. and local taxation of Internet access in a sion would cost states between $80 and $120 Rapid pace innovation in the Internet and manner that is technology neutral and fis- million annually. The effect of the second telecommunications industries makes it dif- cally fair to state and local governments. provision could be even greater. ficult to define accurately these complex and Unfortunately, two pieces of legislation cur- ‘‘[D]epending on how the language altering ever-changing services. The original morato- rently moving through Congress violate the definition of what telecommunications rium was made temporary in part for this these basic principles. The House of Rep- services are taxable is interpreted,’’ the CBO reason—to provide Congress, industry and resentatives has already passed H.R. 49 and said, ‘‘that language also could result in sub- S. 150 is currently under consideration in the stantial revenue losses for states.’’ With state and local governments with the ability Senate. By permanently expanding the defi- state and local governments collecting over to revisit the issue and make adjustments nition of tax-free Internet access, both bills $18 billion in telecommunications taxes an- where necessary to accommodate new tech- rob state and local governments of existing nually, any significant change in the tax- nologies and market realities. The fact that revenues while creating a tax free zone for ability of telecommunications could cost the courts, the Federal Communications future communications services. states billions of dollars. At a time when Commission and Congress are all in the proc- The NGA calls upon Congress to adopt S. state and local governments are facing large ess of examining and redefining the core ele- 2084, the ‘‘Internet Tax Ban Extension and increases in mandatory spending and stag- ments of what constitutes telecommuni- Improvement Act.’’ This compromise bill, nant revenue growth, Congress should not cations and Internet access underscores the sponsored by Senators Alexander and Carper, exacerbate state fiscal problems by inter- need for caution. With so much uncertainty, offers a reasonable extension of the morato- fering with the collection of existing taxes. a temporary extension of the moratorium is rium while addressing industry concerns for 2. BE CLEAR; DEFINITIONS MATTER. the best way to avoid unintended con- technological neutrality without unduly bur- The original moratorium split the defini- sequences from a permanent moratorium. dening state and local governments. tion of Internet access into two parts: a CONCLUSION BACKGROUND broad and inclusive description of Internet NGA supports S. 2084 because it best re- Although the U.S. Constitution grants access and an absolute exclusion of tele- flects a balance between state sovereignty Congress broad authority to regulate inter- communications services from the morato- and federal support for the Internet. First, it state commerce, the federal government, rium. The definition read: protects states by drawing a line in the sand historically, has been reluctant to interfere ‘‘Internet access means a service that en- to prohibit new taxes on Internet without with states ability to raise and regulate its ables users to access content, information, interfering with existing state laws. Second, own revenues. State tax sovereignty is a electronic mail, or other services offered by making the connection from a consumer basic tenet of the federalist system and is over the Internet, and may also include ac- to their Internet access provider tax free, the fundamental to the inherent political inde- cess to proprietary content, information, and Alexander-Carper bill actually levels the pendence and viability of states. Only in the other services as part of a package of serv- playing field for competing technologies most narrowly defined exceptions has Con- ices offered to users. Such term does not in- without overreaching. Third, it gives Con- gress crossed that line. clude telecommunications services.’’ gress, industry and states a chance to revisit The 1998 ‘‘Internet Tax Freedom Act’’ The exclusion of telecommunications serv- the Act by making the moratorium expire (ITFA), which imposed a moratorium on ices protected states by clarifying that after two years. For these reasons NGA sup- state or local taxation of Internet access, is Internet access was a separate, distinct and ports S. 2084 as a true compromise that is one exception to this long held practice. The limited service. It also clearly preserved ex- fair to industry, respectful of states, and ITFA expired briefly in 2000 but Congress re- isting state and local taxes on telecommuni- good for consumers. newed it through November 1, 2003. Designed cations services that amounted to over $18 to ‘‘jump start’’ the then-fledgling Internet billion in 1999. The definition, however, al- STATE AND LOCAL TELECOMMUNICATIONS TAXES industry, the moratorium included three im- lowed some jurisdictions to tax the tele- POTENTIALLY AT RISK UNDER H.R. 49/S. 150 portant restrictions to protect states: communications component of certain [$ millions] 1) it applied only to new taxes—existing broadband technologies like DSL while oth- taxes were grandfathered; ers remained tax-free. This perceived in- Revenues at 2) the definition of Internet access, while equity led to a push to alter the definition of Revenues at risk under risk under S. 150 as broad, excluded telecommunication services; Internet access in H.R. 49 and S. 150 to make H.R. 49 1 amended 2 and tax free telecommunications services ‘‘used 3) the bill expired after two years to allow to provide Internet access,’’ as a means of Alabama ...... $213 $115 Congress, states and industry the oppor- making the ITFA technology neutral. This Alaska ...... 18 13 tunity to make adjustments for rapidly de- Arizona ...... 308 146 change, however, is too broad. Not only Arkansas ...... 146 101 veloping technologies and markets. would it prohibit taxes states and localities California ...... 1,495 836 THE NGA POSITION are collecting on DSL, it would also exempt Colorado ...... 293 169 Connecticut ...... 276 170 Today, over 130 million Americans access all telecommunications services used any- Delaware ...... 27 17 the Internet using everything from dial-up where along the Internet—from the end-user District of Columbia ...... 120 116

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2004 CONGRESSIONAL RECORD — SENATE S4419 STATE AND LOCAL TELECOMMUNICATIONS TAXES Internet access was a separate, distinct and Now, I contacted the National Gov- POTENTIALLY AT RISK UNDER H.R. 49/S. 150—Continued limited service. ernors Association earlier today. [$ millions] They go on to say, under definitions: I asked them if they could opine on [The House bill] and S. 150 would also in- the McCain amendment that was so Revenues at Revenues at tensify a long-standing problem with the eloquently spoken to by Senator risk under risk under S. 150 as original definition: the unlimited ability to H.R. 49 1 MCCAIN. They worked very quickly and amended 2 bundle together content and ‘‘other serv- ices’’ into a single offering of tax-free Inter- came back with a letter to Senator Florida ...... 1,490 1,059 FRIST, majority leader, and Senator Georgia ...... 344 182 net access. Services such as VOIP— Hawaii ...... 51 48 That is being able to use your com- DASCHLE, Democratic leader. It is Idaho ...... 37 3 signed by Governor Brad Henry, Okla- Illinois ...... 1,000 807 puter to make telephone calls— homa, Chair, Committee on Economic Indiana ...... 265 148 highlight the risk states face from this Iowa ...... 137 49 Development and Commerce, and Gov- Kansas ...... 172 74 broad definition. Unlike traditional tele- Kentucky ...... 284 192 communications services, VOIP uses the ernor Michael Rounds, South Dakota, Louisiana ...... 207 69 Maine ...... 67 28 Internet to transmit voice communications Vice Chairman, Committee on Eco- Maryland ...... 369 222 between computers, phones and other com- nomic Development and Commerce. Massachusetts ...... 411 256 munications devices. Industry observers ex- Michigan ...... 678 477 I would like to read from that letter. Minnesota ...... 226 135 pect 40 percent of all telephone calls in the Mississippi ...... 190 90 United States to be Internet based within Dear Senator Frist and Senator Daschle: Missouri ...... 334 216 five years. If VOIP is allowed to be bundled The National Governors Association . . . Montana ...... 46 7 Nebraska ...... 101 59 with Internet access into a single tax-free of- supports an Internet access tax moratorium Nevada ...... 52 22 fering, and telecommunications used to de- that benefits consumers, is fair to industry, New Hampshire ...... 65 56 and does no harm to states. As the Senate New Jersey ...... 699 473 liver that offering are also tax free, states New Mexico ...... 125 101 could quickly see their telecommunications once again considers the moratorium, we New York ...... 1,904 1,418 tax base erode to nothing [nothing]. Lan- urge you to oppose efforts that would deprive North Carolina ...... 308 225 states of existing tax revenues and to sup- North Dakota ...... 32 22 guage in S. 150 as amended and S. 2084 that Ohio ...... 680 345 requires service providers to unbundle tax- port the compromise proposal to be offered Oklahoma ...... 258 166 able services from non-taxable Internet ac- by Senator Alexander and Senator Carper Oregon ...... 113 63 and embodied in S. 2084, the ‘‘Internet Tax Pennsylvania ...... 672 547 cess is helpful, but only if the universe of Rhode Island ...... 100 77 what constitutes Internet access is actually Ban Extension and Improvement Act.’’ South Carolina ...... 196 90 limited. NGA supports the Alexander/Carper com- South Dakota ...... 48 25 Tennessee ...... 348 196 It also goes on and talks about promise because it best reflects the appro- Texas ...... 1,724 1,213 ‘‘STAY FLEXIBLE. A temporary solu- priate balance between state sovereignty and Utah ...... 160 89 federal support for the Internet. First, it pro- Vermont ...... 30 17 tion is better than permanent confu- Virginia ...... 329 148 tects states by prohibiting new taxes on Washington ...... 492 331 sion.’’ Did you hear that? ‘‘A tem- Internet access without interfering with ex- West Virginia ...... 73 36 porary solution is better than perma- isting state revenues. Second, by making the Wisconsin ...... 363 255 Wyoming ...... 22 13 nent confusion.’’ connection from a consumer to their Inter- Rapid pace innovation in the Internet and net access provider tax free, the compromise Total: ...... 18,098 11,732 telecommunications industries makes it dif- language encourages broadband deployment 1 H.R. 49: Figures assume the loss of all state and local telecommuni- ficult to define accurately these complex and by leveling the playing field for all tech- cations transaction taxes and business taxes as companies migrate their ever-changing services. The original morato- nologies. telecommunications services to the Internet. rium was made temporary in part for this 2 S. 150: Includes all telecommunications taxes except for 911 fees and That is what we are trying to do. The business taxes such as property taxes, capital stock taxes on net worth, or reason—to provide Congress, industry and sales and use taxes on business inputs. state and local governments with the ability amendment we tried to get in last year Source: Special Report/Viewpoint ‘‘Telecommunications Taxes: 50-State to revisit the issue and make adjustments and which will be offered by the Sen- Estimates of Excess State and Local Tax Burden,’’ Robert Cline, State Tax ator from Tennessee tries to level the Notes, June 3, 2002. where necessary to accommodate new tech- nologies and market realities. The fact that playing field for all of the providers of Mr. VOINOVICH. First, they talk the courts, the Federal Communications this access. about: ‘‘DO NO HARM. Any extension Commission and Congress are all in the proc- of the moratorium should preserve ex- ess of examining and redefining the core ele- Third, because it is temporary, it gives ments of what constitutes telecommuni- Congress, industry, consumers, and states a isting state and local revenues.’’ chance to revisit the issue and make adjust- The next point they make is: ‘‘BE cations and Internet access underscores the need for caution. ments where necessary to accommodate new CLEAR. Definitions matter.’’ technologies and market realities. By the way, in the area of ‘‘DO NO We are in an era right now of unbe- HARM,’’ they mention the fact: lievable change. Here is the paragraph that I think With state and local governments col- With so much uncertainty, a temporary ex- gets to the heart of the matter: lecting over $18 billion in telecommuni- tension of the moratorium is the best way to The recent proposal by Senator McCain, cations taxes annually, any significant avoid unintended consequences from a per- while an improvement on the bill sponsored change in the taxability of telecommuni- manent moratorium. by Senator Allen and Senator Wyden . . . cations could cost states billions [billions] of Their final conclusion—and I am sure does not go far enough to protect states. By dollars. At a time when state and local gov- the Presiding Officer is very happy adopting the broad definition of tax-free ernments are facing large increases in man- about this—is: Internet access used in S. 150— datory spending and stagnant revenue That is the same definition that is in growth, Congress should not exacerbate NGA supports S. 2084 because it best re- state fiscal problems by interfering with the flects a balance between state sovereignty the Wyden-Allen bill; the same defini- collection of existing taxes. and federal support for the Internet. First, it tion is in the amendment proposed by protects states by drawing a line in the sand Senator MCCAIN— In terms of the definitions, they be- to prohibit new taxes on Internet without lieve that: interfering with existing state taxes. Second, and terminating the grandfather protections The original moratorium split the defini- by making the connection from a consumer before the end of the moratorium, the tion of Internet access into two parts: a to their Internet access provider tax free, the McCain proposal would still deprive state broad and inclusive description of Internet Alexander-Carper bill actually levels the and local governments of existing tax reve- access and an absolute exclusion of tele- playing field for competing technologies nues and violate the principle of ‘‘do no communications services from the morato- without overreaching. harm.’’ rium. The definition read: That is a point that the Presiding Of- The nation’s governors call on the U.S. ‘‘Internet access means a service that en- Senate to oppose the McCain amendment ables users to access content, information, ficer has made several times on the and support Senator Alexander and Senator electronic mail, or other services offered floor of the Senate. Carper in their efforts to strike a reasonable over the Internet, and may also include ac- Continuing: compromise to extend the Internet access cess to proprietary content, information, and Third, it gives Congress, industry and tax moratorium. other services as part of a package of serv- states a chance to revisit the Act by making ices offered to users. Such term does not in- the moratorium expire after two years. For The Senator from Tennessee, Senator clude telecommunications services.’’ these reasons NGA supports S. 2084 as a true ALEXANDER, Senator CARPER, and Sen- The exclusion of telecommunications serv- compromise that is fair to industry, respect- ator VOINOVICH, who is the third spon- ices protected states by clarifying that ful of states, and good for consumers. sor of S. 2084, should be very happy

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4420 CONGRESSIONAL RECORD — SENATE April 27, 2004 with the support we are getting from about is they want to go beyond that. the revenues of our States and goes far the National Governors Association. I They want to take in the whole water- beyond the moratorium I helped nego- hope our colleagues take that into con- melon. tiate when I was chairman of the Na- sideration. In Ohio, the impact of the S. 150 morato- tional Governors Association, and is In addition to the letter from the Na- rium on state and local taxation of all these something we should all be concerned tional Governors Association, I would telecommunications services may not be as about. like to share a letter I recently re- damaging as in some other states because I also want to make another couple ceived from the Ohio Department of Ohio already has a broad exemption for the of points, if I may. I have heard so Taxation. In fact, I have never seen a purchase of property used in providing tele- communications services. Even so, we still much today already and in the past letter from the Department of Tax- estimate that the annual full-year loss to about the fact that if we don’t get this ation of the State of Ohio turned Ohio from the provision would be about $72 done, everything is going to stop and it around so quickly in my life. We faxed million. is going to be a terrible thing for farm- them the McCain proposal. We asked Another notable provision of the McCain ers and all Americans, and so on. The them to give us their opinion of the bill is the exception of VOIP services from fact is, Internet technology has grown McCain amendment. I suggest to my the tax moratorium. To the extent that such unbelievably over the past year. Ac- colleagues that before they vote on service mimics traditional telephone service, cording to a study released by the Pew we believe that this means that State and this legislation, they take it upon local governments would be allowed to tax Internet and American Life Project themselves—as a matter of fact, I VOIP services insofar as they mimic tradi- last week, 55 percent of American think it is an obligation for them—to tional telephone services. The so-called Internet users have access to get in contact with their State depart- VOIP exception to the moratorium actually broadband, either at home or in the ments of taxation to get a read from does nothing for the states’ ability to tax workplace. As a matter of fact, it is them about what impact this amend- that or similar services that may migrate to going to keep growing because I think ment would have on their respective the Internet. Current Ohio law allows state the Senator from Tennessee pointed States. Some of my colleagues, frank- and local governments to tax VOIP as a tele- out this afternoon there are some com- communications service, as long as there is ly, are supporting this and may not no federal preemption. munities that have their own electric want to hear the impact it is having on The McCain ‘‘exception’’ to the federal pre- companies that are giving it away. their State. But I think it is incumbent emption does not apply to services that are This thing is moving. We don’t see upon them at least to find out what defined as Internet access. This means that anything slowing down. We are moving their States think about this proposed the exemption will not apply to voice serv- fast. The report also noted home legislation and the impact it would ices that are bundled with Internet access, broadband usage is up 60 percent since have on their respective States. and since that is how VOIP services are cur- March 2003, with half of the growth I am going to read a portion of this rently sold and probably will continue to be sold, the exception in the McCain bill will in since November 2003. letter. It reads: fact provide no protection against states los- You will recall back when we were Dear Senator Voinovich: ing revenues as phone services migrate to debating this last year, the allegation We reviewed the text of the McCain lan- VOIP. was, gee, if we don’t get this done, ev- guage that you FAXed to us this morning. The Senator from Tennessee, the erything is going to be taxed, things Our preliminary impression is that this bill are going to end up in the mud, slowed is very similar to the version of S. 150 con- Presiding Officer, has made it very taining the ‘‘managers amendment’’ and has clear if there was an amendment to down, and we are in trouble. Since the roughly the same negative revenue impact that bill that made it very clear that moratorium ended, half of this growth on Ohio. Specifically, we think that the bill could continue to be taxed, that might occurred. So this thing is moving. This would cause a state and local revenue loss of remedy this whole issue. moratorium—the fact we didn’t extend about $72 million per year. The amount The letter goes on to say: it has not really impacted this one would become larger as more telecommuni- We do not know exactly how much reve- iota. DSL technology now has a 42-per- cations services are provided through Inter- nues will be lost in the future due to the mi- cent share of the home market, which net technology and/or bundled with Internet gration of currently taxable phone service to is up 28 percent since March 2003. access, and as broadband Internet access is exempt VOIP service, but it could end up used by more households. Specifically, the Most of the growth I outlined oc- being most of Ohio’s telecommunications tax curred after the Internet tax morato- $72 million estimate does not account for revenues. state and local revenues lost as more phone rium expired last November, which re- services are replaced by VOIP, which we be- I’ll read that again: futes the argument S. 150 was nec- lieve the McCain bill will still prohibit the We do not know exactly how much revenue essary to help the expansion of states from taxing (as long as VOIP is bun- will be lost in the future due to the migra- broadband services. In addition, April dled with Internet access). tion of current taxable phone service to ex- 21—a couple days ago—a major tele- empt VOIP service, but it could end up being That is the way they do it. They bun- communications company released dle it together and under their defini- most of Ohio’s telecommunications tax reve- nues. their 2004 first quarter earnings. I want tion this would be exempt from tax- You know if that happens, the State to read the first two sentences from ation. is either going to reduce services or the company’s press release because it As you know, the states objected to S. 150 illustrates how fast this technology is on several grounds. One of the most impor- they are going to find something else to tax. That is the way this thing oper- growing. This is from SBC Communica- tant was the language ‘‘the term ‘Internet tions: access’ does not include telecommunications ates. services, except to the extent such services The letter concludes: SBC Communications, Inc., today reported are purchased, used, or sold by a provider of To put the estimated $72 million loss in first quarter 2004 earnings of $1.9 billion, as Internet access to provide Internet access.’’ context, in fiscal year 2003, Ohio collected it delivered strong progress in key growth This ‘‘Allen-Wyden’’ definition of Internet about $250 million in sales tax and use tax products. In the quarter SBC added 446,000 access is so broad that it essentially can be from telecommunications service providers. DSL lines, the best ever by a U.S. telecom used to exempt what we have seen referred The most recent biennial budget bill provider. to as the ‘‘Internet backbone’’ telecommuni- switched local telephone providers from the Some of these people who are sup- cations services, the ‘‘middle mile’’ tele- old gross receipts tax to the sales tax and porting the Wyden-Allen amendment communications services, and the ‘‘last use tax, so that now the forecasted full year and now McCain amendment are com- mile’’ telecommunications services. This is sales and use tax revenue from all tele- panies like this. They are doing well. in contrast to S2084, which you cosponsored, communications providers is about $370 mil- They are moving. They are bragging, and which would have provided a much more lion. This is at a 5 percent state tax rate—we ‘‘We are moving ahead.’’ We all know limited exemption for last mile tele- are ignoring the current 6 percent tax rate communications services that are used to because it is set to expire. . . .Thus, the esti- the Federal Government today sub- connect an end-user (e.g. household) to an mated revenue loss from the McCain bill (ex- sidizes this telecommunications indus- Internet service provider such as AOL or cluding the VOIP loss) is slightly less than 20 try. If I remember correctly from a Earthlink or Comcast. percent of total estimated Ohio tele- speech the Presiding Officer gave this That is the thing we don’t want. We communications sales tax revenues. afternoon, it is a $4 billion subsidy want people to have to plug into that The fact is the McCain amendment is from the Federal Government, and the mile, but the thing we are concerned going to have a devastating impact on States—all of them—have been doing

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2004 CONGRESSIONAL RECORD — SENATE S4421 everything they can to encourage this we also appreciate it because we all to prevent the trial lawyers from using industry. worked together for legislation in the court system to punish companies I don’t know of any industry that has 1995—the unfunded mandates relief leg- for simply complying with the Federal been treated better than this industry. islation I worked my heart out to get law by using a federally approved addi- For the life of me, I cannot understand passed. As a matter of fact, the pen tive. why it is they insist on having us President Clinton used to sign that leg- The safe harbor is narrowly targeted whack out all of the taxes they are islation is on the wall in my Senate of- and does not affect any claim against paying. I cannot understand it. fice in the Hart Building. The first any person or any company actually I think if this Senate does the right time I set foot on the floor of the Sen- responsible for spilling gasoline con- thing, what we are going to tell this in- ate was the day the Senate passed the taining MTBE. That is very important dustry, which does a pretty good job of unfunded mandates relief legislation. because I keep hearing on this Senate lobbying around here and in the I don’t like unfunded mandates. I floor: You let all these people off the States—I knew it when I was Gov- don’t think it is fair. We have done it hook who are spilling and polluting. ernor—we will tell them: You know to the States for so many years. We fi- That is not true at all. It is very nar- what. You are not going to get a com- nally got that legislation passed. The rowly defined. plete release of all the taxes you pay. American people should know this is a Since September 30, 2003, in anticipa- It is time for you to sit down, like I did big unfunded mandate, the way it is tion of the Energy bill, trial lawyers, with the petroleum industry and the put together. We can change it and including many known for the work Corn Growers—they came to me and make it fair so they are not going to they have done and the wealth they wanted me with them on ethanol, and see the taxes on telecommunications have accumulated in asbestos litiga- the oil industry—and the Senator from disappear and then see taxes increased tion, have as of March 25 brought over Oklahoma knows them well—said you in some other area. 60 groundwater contamination lawsuits have to be with us. I said, you know Thank you, Mr. President. in 17 States seeking damages from over something, I had Ashland Marathon Oil The PRESIDING OFFICER. The Sen- 169 different named companies that al- in Ohio, and I had my Corn Growers ator from Oklahoma. legedly manufactured, sold, or trans- and I love you both. You ought to get Mr. INHOFE. Mr. President, the Sen- ported gasoline containing the feder- in the room and sit down and talk to ator from Ohio and I know something ally approved fuel additive called each other and see if you cannot work about unfunded mandates, as does the MTBE. something out. Lo and behold, after 6 Chair. It keeps creeping up, and we are One of those companies is Frontier months, they had a big news con- making every effort in the committee Oil. They have been sued. They have ference. About 20 Senators were there, that I chair and the subcommittee the never produced MTBE. They have and on that stage were people who, if Senator from Ohio chairs to try to re- never used it. They blended MTBE. But you talked to them 6 months before solve that problem. I think maybe we they are one of the companies being and said you are going to be on the will because we have the right people sued. The lawsuits do not allege de- stage together in a compromise, would in line to do it. I may not agree with fendants actually leaked or spilled gas- have said you are crazy. They were on the Senator from Ohio on this par- oline containing MTBE that allegedly that stage and they put a compromise ticular issue, but I certainly do on un- contaminated their groundwater. The together. funded mandates. lawsuits do not even name the actual The problem we have today in the I just found out that the distin- polluters. Instead, the cases target any Senate is the fact that the tele- guished Senator from New Mexico, Mr. company that at any time may have communications industry thinks this DOMENICI, has filed an amendment that distributed or sold gasoline containing thing is going to go through and they is a slimmed-down version of the En- MTBE or even some, as I just cited, don’t have to sit down and talk to ergy bill. I just have to stake out a po- that did not. State and local government officials, sition early because it is my under- Defendants are vigorously defending or with the Commerce Committee, and standing that the safe harbor language these cases and will incur millions of work something out. I know it can be that was in H.R. 6 that is so fair and so dollars in legal fees and expenses sim- done. I am prayerful our colleagues necessary is not a part of the slimmed- ply for having made or sold gasoline today understand that and that they down version. If it is not in the bill, I containing a fuel additive specifically will come together and say we have not am not going to be able to support the approved for use by Congress and the been able to do this, and we will have bill. I will do everything I can for the EPA. a continuation of a moratorium. But Senator from New Mexico, but this is I believe it is necessary to stake out let’s sit down and work it out. Prob- very serious. this position. I cannot think of a fair- ably the best way to do that under the The bill should permit that manufac- ness issue with which we have dealt circumstances, with the time limita- turers, producers, marketers, traders that is more significantly addressed tion we have, would probably be to pass and distributors of gasoline containing than this one. Government comes a 14-or 15-month extension of the cur- federally approved oxygenate MTBE along and says you have to use this rent moratorium, while we can take it cannot be sued under a claim that it is stuff; then they come along later and back to the Commerce Committee, a defective product. say there is something wrong with it where we can get the telecommuni- The Federal Clean Air Act Amend- and we are not going to offer you any cations industry in, get the Governors ments of 1990 created the reformulated defense at all—any defense. We are and other local government officials in, gas. The reformulated gas program said talking about huge multimillion-dollar and the FCC, and start to make some they had to use oxygenates. The most lawsuits. sense out of this. prevalent oxygenate to be used in these In the event this language does not I thank the Senator from Tennessee, reformulated gases is MTBE. In fact, end up in the legislation of the Senator ALEXANDER, for the great lead- EPA specifically approved MTBE for slimmed-down bill, I will have to op- ership he has provided on this issue. We this purpose. pose it. I cannot conscientiously sup- got together last year, and the train Here is the situation we have: We port an energy bill that leaves every- was moving and we got in the way of it have the Government coming along body out to dry, particularly in the and caught a lot of criticism because and saying, You are going to have to MTBE case. they were accusing us of being for tax- use MTBE. For all practical purposes, That is my position. I think there are ing e-mail and the Internet and all the they have said this, they have man- many others who share that position of rest of it. That wasn’t it at all. All we dated it. Then they turn around and fairness in dealing with this bill. wanted to do was continue a morato- say, We are going to let the trial law- Mr. President, I suggest the absence rium but do no harm to our States. We yers in to sue you because maybe this of a quorum. probably understand that more than substance which we approved, which we The PRESIDING OFFICER. The some Members because we are former endorsed, is causing harm to someone. clerk will call the roll. Governors. In my case, I am a former It is very important to understand that The assistant legislative clerk pro- mayor and county commissioner, and the safe harbor provision is necessary ceeded to call the roll.

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4422 CONGRESSIONAL RECORD — SENATE April 27, 2004 Mr. FRIST. Mr. President, I ask We did debate and vote on a relevant business, with Senators permitted to unanimous consent that the order for amendment offered by Senator speak for up to 10 minutes each. the quorum call be rescinded. HUTCHISON today. However, at the very The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- first opportunity to offer an amend- pore. Without objection, it is so or- pore (Mr. CHAMBLISS). Without objec- ment from the other side of the aisle, dered. tion, it is so ordered. they offered a completely nongermane f CLOTURE MOTION amendment, which clearly is going to RECOGNITION OF J.A. TIBERTI Mr. FRIST. Mr. President, I send a slow down this legislation. cloture motion to the desk on the On Thursday, these cloture motions Mr. REID. Mr. President, I rise today pending Domenici amendment. will be voted on. There will be two clo- to congratulate J.A. Tiberti on his se- The ACTING PRESIDENT pro tem- ture votes with respect to the energy lection by the Boulder Dam Area Coun- pore. The cloture motion having been amendments, but ultimately we will cil of the Boy Scouts of America for presented under rule XXII, the Chair have a third cloture vote and that vote the 2004 Good Scout Award. His philan- directs the clerk to read the motion. will be on the underlying substitute re- thropic ventures and contributions to The legislative clerk read as follows: lating to the Internet access bill. That our State’s economy have long made him a valuable part of the southern Ne- CLOTURE MOTION is the vote that will determine if we vada community. We the undersigned Senators, in accord- will be going forward on this bill at The Good Scout Award recognizes an ance with the provisions of rule XXII of the that time. individual who exemplifies Scouting’s Standing Rules of the Senate, do hereby Again, I scheduled this measure with ideals through professional leadership, move to bring to a close debate on the 2nd the hope of taking a few days and al- community involvement, and personal degree pending amendment to Calendar No. lowing Senators to have that oppor- 353, S. 150, a bill to make permanent the commitment to excellence. This award tunity to bring their amendments to moratorium on taxes on Internet access and reflects the personal character, dedica- the Senate floor to debate and vote on multiple and discriminatory taxes on elec- tion, and generosity of the recipient, those amendments. I hoped those tronic commerce imposed by the Internet and I can think of nobody more deserv- amendments would be centering on the Tax Freedom Act: ing than Mr. Tiberti. Bill Frist, John McCain, George Allen, Internet tax bill, the bill under consid- As founder and chairman of Tiberti Pete Domenici, Trent Lott, Chuck eration. The latest turn of events Hagel, Larry E. Craig, John Ensign, Companies, Mr. Tiberti has served as a today means that many Senators who prominent leader in southern Nevada’s Craig Thomas, Robert F. Bennett, have legitimate and relevant amend- James M. Inhofe, Conrad Burns, Don business community for the last 60 Nickles, Orrin Hatch, Gordon Smith, ments are being denied the opportunity years. The company’s construction of Saxby Chambliss, Mitch McConnell. to debate and vote on their amend- schools, hotels, banks, grocery stores CLOTURE MOTION ments. This is unfortunate. and department stores has helped meet Mr. FRIST. Mr. President, I send a That said, I remain committed to fin- the needs of southern Nevada’s growing cloture motion to the desk on the ishing the bill in a timely fashion, and population. pending McCain substitute amend- I hope that we can get back together He also contributed to the region’s ment. tomorrow morning and make appro- dramatic growth by serving on the Las The ACTING PRESIDENT pro tem- priate plans in order to accomplish Vegas Planning Commission for 25 pore. The cloture motion having been that over the course of the next several years and as a director of Nevada presented under rule XXII, the Chair days. Power Company for 36 years. directs the clerk to read the motion. The ACTING PRESIDENT pro tem- Mr. Tiberti has also been a noted phi- The legislative clerk read as follows: pore. The Senator from Nevada. lanthropist, giving generously to many Mr. REID. Mr. President, if the dis- CLOTURE MOTION worthwhile causes. In 1979, he contrib- tinguished leader will yield for a brief We the undersigned Senators, in accord- uted $1 million to create the College of ance with the provisions of rule XXII of the comment, as I said to Senator DOMEN- Engineering at the University of Ne- Standing Rules of the Senate, do hereby ICI this afternoon, this scenario that vada Las Vegas. This generous gift ex- move to bring to a close debate to the pend- has been set up is going to create some panded the opportunities for higher ing McCain Substitute Amendment No. 3048 very interesting votes because if we education available to Nevadans and to Calendar No. 353, S. 150, a bill to make move down the road where we come to helped UNLV become one of our Na- permanent the moratorium on taxes on a McCain cloture vote, if cloture is in- tion’s leading universities. Internet access and multiple and discrimina- voked, then Daschle and Domenici fall. Mr. Tiberti and his family also have tory taxes on electronic commerce imposed At least that is my understanding. If by the Internet Tax Freedom Act: longstanding ties with the Boy Scout Bill Frist, John McCain, Jon Kyl, Norm that is the case, then that part of the program and were instrumental in the Coleman, Jim Bunning, Gordon Smith, Energy bill would be gone. But any- development of Spencer W. Kimball Mitch McConnell, Pete Domenici, Con- way, that sets up some interesting dy- Scout Reservation, Camp Potosi. rad Burns, Rick Santorum, Olympia namics here. Please join me in congratulating J.A. Snowe, Judd Gregg, Wayne Allard, We do at least have out here, in addi- Tiberti on this well-earned honor. Thad Cochran, Mike Crapo, Larry E. tion to the FSC legislation, pieces of f Craig, Ted Stevens, George Allen. the original Energy bill. Who knows, Mr. FRIST. Mr. President, I ask we might wind up doing something on HONORING OUR ARMED FORCES unanimous consent that the live energy. WILLIAM LABADIE quorum with respect to the three clo- Mr. FRIST. Mr. President, I do hope Mrs. LINCOLN. Mr. President, I rise ture votes be waived. we will be able to complete the Inter- today to pay tribute to one of Arkan- The ACTING PRESIDENT pro tem- net access bill and that we can work sas’ heroes who has paid the ultimate pore. Without objection, it is so or- through the turn of events of today. sacrifice in defense of his Nation. Sgt. dered. Again, I hope over the course of the 1st Class William W. Labadie, 45, a na- Mr. FRIST. Mr. President, I am dis- evening people will come back and lay tive of Bauxite, AR, was mortally appointed to have to come to the Sen- out a plan to accomplish what is im- wounded on April 7, 2004, during an at- ate floor and file these cloture motions portant to the technology community tack by insurgents on his camp just at this time. Earlier today, I had hoped and the communications community south of Baghdad. we would finally make progress on the broadly, and that is to be able to allow William Labadie, known to his pending Internet tax access bill. Last people to vote on the very important friends as Wild Bill, joined the Marine week, I said we would be addressing the underlying bill. Corps right after high school. After Internet tax access bill Monday, Tues- f serving in the Corps for 8 years he re- day, Wednesday, and Thursday, which I turned home and later became a mem- and most people felt would be suffi- MORNING BUSINESS ber of the Arkansas National Guard. cient time to address this bill and Mr. FRIST. Mr. President, I ask Sgt. Labadie was known as a real sol- allow for amendments to be debated unanimous consent that the Senate dier’s soldier. He took his responsibil- and discussed. now proceed to a period for morning ities seriously and was excited by the

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2004 CONGRESSIONAL RECORD — SENATE S4423 opportunity to use his training in the Puttbrese admit that the assault origi- Empire. Over 500,000 more were forced service of his country. After having nated after the victim admitted he was to flee their homeland of 3,000 years. been in Iraq for less than a month and gay. The victim told authorities that Before genocide was defined and codi- in a combat zone for less than 24 hours, Puttbrese had stayed at his apartment fied in international law, Armenians Sgt. Labadie was fatally wounded when as a guest and attacked him after the experienced its horror. his camp came under a mortar and two drank some wine. Yet it appears that the international small arms attack. I believe that Government’s first community did not learn the lessons of Our condolences and prayers go out duty is to defend its citizens, to defend Armenia’s genocide. Throughout the to William’s wife, Sunnie, of Del City, them against the harms that come out 20th century, the international com- OK; to his son, Bryan; and to his par- of hate. The Local Law Enforcement munity failed to act as governments in ents, Cheryl and Carl Winters of Baux- Enhancement Act is a symbol that can Germany, Yugoslavia and Rwanda at- ite, AR. become substance. I believe that by tempted to methodically eliminate William’s mother, Cheryl, was quoted passing this legislation and changing people because of their religion or eth- in our State’s newspaper, the Benton current law, we can change hearts and nicity. Minority groups were aban- Courier, as saying that ‘‘[t]his honestly minds as well. doned by the international community in each instance to be overwhelmed by was his goal in life. He knew that this f was his last shot at 45 years old. He violence and despair. In Armenia, as in told his commanding officer: ‘Give me REMEMBERING THE ARMENIAN Rwanda and the Holocaust, the perpe- a shot.’ It was like he was going to GENOCIDE trating governments scapegoated their Disneyland.’’ That kind of enthusiasm Mrs. FEINSTEIN. Mr. President, I minority groups for the difficulties is what makes this nation great. We rise today to honor the victims of the they faced as societies. They justified honor William’s spirit and his strong Armenian Genocide, one of the great their campaigns of hatred with polit- resolve to take on the responsibility of tragedies of the 20th century. Last Sat- ical and economic reasons in an at- advancing freedom to the world. urday, April 24, 2004, marked the 89th tempt to rationalize their depravity. This is why we must remember the BRANDON CLINTON SMITH anniversary of the beginning of that Armenian genocide. To forget it is to Mrs. LINCOLN. Mr. President, I also tragic period and I urge all Americans enable more genocides and ethnic rise today to pay tribute to a son of Ar- to take time to remember, reflect, and cleansing to occur. We must honor its kansas who gave up the security of his pledge never to forget what happened. victims by reaffirming our resolve to family and home to protect our free- On April 24, 1915, under the guise of collecting supplies for its participation not let it happen again. doms in the war on terrorism. Marine In the shadow of the Holocaust, in Private First Class Brandon Clinton in World War I, the Ottoman Empire launched a brutal and unconscionable 1948, the United Nations adopted the Smith, 20, of Fayetteville was killed on Convention on the Prevention and Pun- March 17, 2004, in Al Qaim, Iraq, as he policy of mass murder. The New York Times reported that the Ottoman Em- ishment of the Crime of Genocide. and three of his fellow Marines were What Winston Churchill once called a pire had adopted a policy to annihilate racing to help comrades who had come ‘‘crime without a name’’, was now the Armenians living within the em- under attack by insurgents. called ‘‘genocide’’ by the Convention pire. Throughout the following years, Brandon attended Fayetteville High and defined as ‘‘acts committed with Armenians faced violent attacks, star- School and dreamed of becoming a Ma- intent to destroy, in whole or in part, vation, deportation, and murder. rine. He fulfilled his dream by enlisting a national, ethnical, racial or religious Sadly, the world took little notice. this past September. He was so proud group.’’ The Convention required its Before the violence began in 1914, 2.5 of his decision that he framed his Ma- parties to create domestic legislation million Armenians lived in the Otto- rine Corps acceptance letter and hung to hold perpetrators of genocide ac- man Empire. As a result of the geno- it in his bedroom. Upon completing countable for their actions and to place cide, 1.5 million Armenians had died boot camp, Brandon became a member these perpetrators before domestic and another 500,000 had been driven of the 3rd Battalion, 7th Marine Regi- courts or international tribunals. ment, 1st Marine Division, I Marine from their homes and villages. We The international community has a Expeditionary Force. must remember and pay homage to long way to go in punishing and espe- Brandon was buried with full mili- those that died. We must remind the cially, preventing genocide. But we tary honors in Fayetteville on Friday, world of these deaths and renew our have made the first steps. As we move March 26. Our thoughts and prayers go commitment to ensure that such trage- forward, we must learn the lessons of out to his father, Gordon Smith; to his dies never happen again. Armenia’s genocide. Can we recognize mother, Deborah Bolin of West Fork; I am proud to represent an Armenian the rhetorical veils of murderous lead- and to his sister, Desirae. community of half a million in my ers, thrown up to disguise the agenda An attendee at Brandon’s funeral was great State of California. They are a at hand? Have we, the international quoted by the Associated Press as say- strong and resilient community, tak- community, learned that we must not ing that ‘‘[Brandon] made a great Ma- ing strength in the tragedies of the stand by, paralyzed, as horrors occur, rine. We could see he had changed when past and the promise of a better tomor- but work collectively to prevent and he came back from training. He had row. This community is leading the ef- stop genocides from occurring? We owe found himself.’’ As this mission in Iraq fort to preserve the memory of the Ar- the victims of the Armenian genocide continues, I am humbled that this menian Genocide not only for future this commitment. generations of Armenian Americans, young Marine found himself in so great f a purpose as defending his nation. but, indeed, for all Americans and all IN RECOGNITION OF 56 YEARS OF f citizens of the world. I urge my colleagues to join me in re- ISRAELI INDEPENDENCE LOCAL LAW ENFORCEMENT ACT membering the first genocide of the Mr. CHAFEE. Mr. President, I rise OF 2003 20th century. Through our commemo- today to congratulate Israel on 56 Mr. SMITH. Mr. President, I rise ration of this tragedy, we make clear years of independence. Last year, I vis- today to speak about the need for hate that we will not tolerate mass murder ited Israel in my capacity as Chairman crimes legislation. On May 1, 2003, Sen- and ethnic cleansing ever again and we of the Subcommittee on Near Eastern ator KENNEDY and I introduced the will never forget. and South Eastern Affairs of the Sen- Local Law Enforcement Enhancement Mr. FEINGOLD. Mr. President, peo- ate Committee on Foreign Relations. Act, a bill that would add new cat- ple around the world are joining to- This was my first visit to Israel, and I egories to current hate crimes law, gether to solemnly remember and was tremendously impressed with how sending a signal that violence of any honor the men, women and children much has been accomplished by this kind is unacceptable in our society. who perished in the Armenian geno- tiny country over the last several dec- On November 18, 2004, in Fargo, ND, cide. Eighty-none years ago, 11⁄2 million ades. I also was reminded of how much Derek Puttbrese, 20, beat a friend in Armenians were systematically mas- Israel has suffered at the hands of sui- his apartment. Both the victim and sacred at the hands of the Ottoman cide bombers, who have killed hundreds

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4424 CONGRESSIONAL RECORD — SENATE April 27, 2004 of Israelis and greatly set back the women face the war crimes committed Grant Act, S. 764, which will extend cause of peace. by Burma’s dictators. through FY 2007 the authorization of In the past, I have expressed dis- f appropriations for the Bulletproof Vest appointment that the United States Partnership Grant Program that helps NATIONAL PEACE OFFICERS has not worked harder to advance the State, tribal and local jurisdictions MEMORIAL DAY Israeli-Palestinian peace process, as purchase armor vests for use by law en- well concerns about specific actions by Mr. LEAHY. Mr. President, I proudly forcement officers. The House has yet the Israeli government. However, these note passage of S. Res. 310, a resolution to act on this important measure. We concerns should not be misinterpreted to designate May 15, 2004, as National want to be sure that every police offi- as a lack of support for Israel or a lack Peace Officers Memorial Day. I again cer who needs a bulletproof vest gets of recognition of the very real threats cosponsored this resolution with Sen- one. that she faces. I am strongly com- ator CAMPBELL, as we do every year. Last month, the Senate added to the mitted to the long-term security of We are right to remember and com- gun liability bill by a vote of 91–8 the Israel, and I will continue to work to- memorate the sacrifice and commit- Campbell-Leahy Law Enforcement Of- wards the vision of a safe and secure ment of our law enforcement officers ficers Safety Act, S. 253. This measure Israel at peace with her Arab neigh- serving our communities, States and would establish national measures of bors. country. We annually honor the offi- uniformity and consistency to permit Israelis can be proud of the vibrant cers and their families who made the trained and certified on-duty, off-duty democracy that they have created, and ultimate sacrifice for public safety. or retired law enforcement officers to I know that many Rhode Islanders I commend Senator CAMPBELL for his carry concealed firearms in most situa- share my deep appreciation for the leadership in this issue. This marks the tions so that they may respond imme- close friendship between our two na- 8th year running that he and I have diately to crimes across State and tions. I once again offer my congratu- teamed up to submit the resolution to other jurisdictional lines, as well as to lations and best wishes to the Israeli commemorate National Peace Officers protect themselves and their families people. Memorial Day. As a former deputy from vindictive criminals. sheriff, Senator CAMPBELL has experi- f This National Peace Officers Memo- enced first-hand the risks faced by law rial Day, Vermonters will remember BURMESE WAR CRIMES AGAINST enforcement officers every day while our brave State Police Trooper, Ser- WOMEN they protect our communities. geant Michael Johnson, who was killed I also want to thank each of our Na- Mr. BROWNBACK. Mr. President, I last Father’s Day while trying to stop tion’s brave law enforcement officers wish to draw the attention of my col- a suspect leading two other State for their unwavering commitment to leagues in the Senate to a new report troopers on a high-speed chase. Ser- the safety and protection of their fel- by a credible organization based on the geant Johnson was not even on duty, Thailand-Burma border. In ‘‘Shattering low citizens. They are real-life heroes. Currently, more than 850,000 men and but he went to help his fellow troopers Silences,’’ the Karen Women’s Organi- women who guard our communities do that Sunday afternoon after hearing zation has carefully investigated and so at great risk. Each year, 1 in 15 of- their trouble on his radio. He had just recorded the Burmese military re- fices is assaulted, 1 in 46 officers is in- deployed a set of tire spikes across the gime’s use of rape as a weapon of war jured, and 1 in 5,255 officers is killed in interstate when the suspect swerved to against ethnic minority women, reveal- the line of duty in the United States avoid the spikes and struck him. Ser- ing a shockingly brutal and callous every other day. After the hijacked geant Johnson left behind his wife and practice. planes hit the World Trade Center in three children. Words are insufficient The report documents that both New York City on September 11, 2001, for the brave sacrifice of the man who young and old women are being raped, 72 peace officers died while trying to was so admired by his family, commu- and usually very brutally. Forty per- ensure that their fellow citizens in nity and the Vermont State Police cent of the rapes committed by the re- those buildings got to safety. That act force. In memory of this bravery and gime’s soldiers were gang rapes, and of terrorism resulted in the highest service to his family, community, over one-quarter of the women were number of peace officers ever killed in State and country, Sergeant Johnson killed after being raped. a single incident in the history of this will be one of the names added this This horrifying evidence, which country. year to the National Law Enforcement echoes previous documentation con- In 2003, 146 law enforcement officers Officers Memorial. ducted by our own State Department, died while serving in the line of duty, National Peace Officers Memorial suggests that Burma’s regime is delib- well below the decade-long average of Day will provide the people of the erately using rape as a weapon to ter- 165 deaths annually, and a major drop United States with the opportunity to rorize and subjugate the Burmese peo- from 2001 when a total of 237 officers honor the extraordinary service and ple. Fifty percent of the rapes were were killed. A number of factors con- sacrifice given year after year by our committed by officers in the military tributed to this reduction including police forces. More than 15,000 peace of- regime. better equipment and the increased use fices are expected to gather in Wash- Many of us hoped that after the expo- of bullet-resistant vests, improved ington to join with the families of their sure of the use of rape as a weapon in training, and advanced emergency fallen comrades. I thank the Senate for Bosnia, the practice would come to an medical care. And, in total, more than acting on this important resolution. end. Sadly, our hopes have not been 17,100 men and women have made the f fulfilled, and Burma is the new Bosnia. ultimate sacrifice—of that number 43 CHINESE COMPETITION To be a woman in Burma’s ethnic are police officers who have already states is to live in constant fear of sex- been killed in 2004 while serving in the Mr. GRAHAM of South Carolina. Mr. ual violence and murder. line of duty. President, in 2001, World Trade Organi- Ever since the United States imposed During the 108th Congress, we have zation members accepted China into economic sanctions on Burma last improved the Justice Department’s the organization only after negotiating year, the ruling regime has made re- Public Safety Officers Benefits pro- the most complex accession agreement peated promises of a so-called transi- gram by making law the Hometown in WTO history. Under their accession tion to democracy. The rapes docu- Heroes Survivors Benefits Act (Public agreement, China committed to adopt- mented in this report show what many Law 108–182), which allows survivors of ing a market- and rules-based economy of us have known for a very long time; public safety officers who suffer fatal and special safeguards for the domestic that promises by this regime are mean- heart attacks or strokes while partici- industries of other WTO members that ingless. Our State Department must pating in non-routine stressful or could be severely injured by surges of take a lead in condemning these hor- strenuous physical activities to qualify imports from China’s non-market econ- rific acts and move to rally support for for federal survivor benefits. omy. China has yet to live up to their international sanctions on Burma. We The Senate also passed the Campbell- commitments. China’s problems stem cannot wait any longer, while more Leahy Bulletproof Vest Partnership from a significant lack of intellectual

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2004 CONGRESSIONAL RECORD — SENATE S4425 property right enforcement, to the con- against China’s communist dictator- the yuan, artificially low. By playing tinued dumping and transshipping of ship that trades unfairly, oppresses its the currency market in this manner, textiles, to the subsidizing of their people, and bleeds our economy dry. China effectively subsidizes their ex- steel industry. China also manipulates What I would like to see my country ports to the U.S. and places a tariff on their currency, the yuan, in order to do, Republican and Democrat, is to ask U.S. shipments to China. This mer- gain an unfair competitive advantage. the Chinese to stop cheating; to try to cantilist practice has caused serious These unfair trade practices seri- persuade the Chinese government damage to the U.S. manufacturing sec- ously jeopardize many United States through international organizations tor. The U.S. Congress must take ac- industries, including the textile and such as the WTO, to stop stealing mar- tion. steel industries. The textile industry ket share and become a better member Senator CHARLES SCHUMER and I have has been hit particularly hard by un- of the Family of Nations. There’s a lot introduced legislation that would re- fair trade with China. Since 1997, more of resistance to any idea about change. quire China to adopt a market-based than 250 textile plants in the U.S. have Our opponents argue that current trade system of currency. The goal of this closed. With quotas on textile and ap- policy is appropriate because of the legislation is to remove China’s unfair parel set to be totally phased-out on fact that it may reduce prices to con- currency advantage and the detri- January 1, 2005, it is not unrealistic to sumers. This is only true if you review mental impact that it is having in the expect even more job losses and factory what hidden costs we are paying. Such U.S. and abroad. closings in the textile industry. Quotas costs include: over 3 million lost manu- Something must be done to alleviate are set under the Multifiber Arrange- facturing jobs in the past 5 years, fro- the detrimental economic impact ment, MFA, an international agree- zen wages, health and pension benefits China is having on our manufacturing ment that allows countries to impose for workers that have managed to re- industry. I urge the Leadership to quotas on the level of goods imported main employed, shrinking tax base for allow a clean vote on this important from individual supplier countries. The Federal, State and local government. legislation. I believe it will receive MFA was designed to prevent a world- Maybe the greatest cost, however, is to overwhelming bipartisan support and wide crisis in textile and apparel trade. our national security. There is no give the administration one more tool Specifically, it was needed to keep very doubt that the United States was the to get the Chinese to uphold their WTO low wage producing nations from over- single greatest military power in the obligations. whelming global markets. 20th century because of its industrial f If these quotas are lifted, China is strength. If we make China the new in- MOTORSPORTS FACILITIES poised to control 70 percent of the tex- dustrial superpower, will that not FAIRNESS ACT tile and apparel market share. Allow- translate into China becoming the sin- ing China to dominate world markets gle greatest military power of the 21st Mr. ALLEN. Mr. President, I rise in this sector will result in the devas- century? today to express my strong and enthu- tation of many third world economies, The large economic growth China has siastic support for S. 1524, the ‘‘Motor- resulting in widespread economic and experienced over the last several years sports Facilities Fairness Act.’’ This social instability. is not going to the average Chinese cit- legislation would properly clarify and If the goals of the World Trade Orga- izen. In fact, it is estimated that just codify the classification of a ‘‘motor- nization are to increase global pros- 0.16 percent of the Chinese population sports entertainment complex’’ as 7- perity and economic advancement controls 65 percent of the nation’s U.S. year property for depreciation pur- through orderly trade, and especially $1.5 trillion liquid assets in the Main- poses. The legislation would define a to advance the development of the land bank deposits. The income dis- ‘‘motorsports entertainment complex’’ third world through orderly trade tribution in China is likely to be the as a permanent facility that hosts one flows, we have to ask ourselves the fol- most unequal in the world. Rather than or more racing events each year that lowing question: Does our current using this economic growth to help are sanctioned by a nationally recog- trade policy with China help further China’s 800 million rural residents who nized sanctioning body. I was an origi- those goals, or will it continue to cost earn the equivalent of just 80 cents per nal cosponsor of S. 1524, when my col- millions of United States’ manufac- day, it is going to their military dis- league, Senator SANTORUM, introduced turing jobs and undermine global ad- proportionately. it last July 31. vancement in general and in the third Today, China is the world’s largest Virginia is home to twenty-seven mo- world specifically? purchaser for foreign military weapons torsports facilities, ranging from the With the expiration of the quotas, and technology. China’s defense indus- one-eighth of a mile Natural Bridge the United States will see even more of try has become far more productive in Dragstrip to such NASCAR Nextel Cup the products they buy manufactured in the last five years and improvements facilities as Richmond International a country that allows their workers to can be expected as the Chinese econ- Raceway and Martinsville Speedway. be treated poorly. Workers in Chinese omy continues to grow. China is now These tracks are found in every part of factories suffer serious, routine and on- more than doubling its budgeted de- the Commonwealth, from Coeburn in going abuse at the hands of their em- fense spending this year as part of an Southwest Virginia, to Manassas in ployers. Health and safety conditions aggressive military modernization Northern Virginia to Norfolk in Hamp- almost always fail to meet Chinese law strategy. And some European countries ton Roads. Every track makes a con- or international standards, and work- are even pushing the European Union tribution to the economy, whether ers regularly work illegally long hours to lift the arms trade embargo on they run a weekly racing series, or for overtime pay that is not calculated China. What I considered at one time draw over 100,000 fans for a Nextel Cup according to law. Chinese workers also to be a regional problem is a national event. face harsh disciplinary measures and security problem. The importance of these tracks for the use of heavy fines for minor infrac- Rigged and unfair international trad- jobs and economic growth in Virginia tions of factory rules. ing rules are a key cause of the U.S. was illustrated in an April 21, article in We need to let China know that if manufacturing crisis. China’s unfair the Washington Times, by Jeffrey they keep dumping and transshipping trade practices are costing United Sharpshott, entitled, ‘‘Virginia City textiles, permanent quotas will be put States jobs and jeopardizing our manu- Seeks ‘Something Else.’ ’’ This article in place. If China continues to steal in- facturing base. They have shown that described the significant positive im- tellectual property rights, they will they are not yet committed to partici- pact of motorsports and the find themselves before every WTO tri- pating in a rules-based global trading Martinsville Speedway on the area’s bunal that exists. One of the best in- system and are not yet willing to make economy: ‘‘Martinsville, next-door vestments the U.S. ever made was the necessary steps to transition into a neighbor to North Carolina, also tried spending billions of dollars during the market-based economy. to latch onto the rising popularity of Cold War to prohibit the spreading of China continues to manipulate the auto racing and NASCAR. The town communism. We need to show similar currency markets to keep the dollar parlayed its speedway into a tourist strength when it comes to standing up artificially high and its own currency, draw. It opened a small community-

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4426 CONGRESSIONAL RECORD — SENATE April 27, 2004 college program to teach future auto- That is simply unfair and will have a ing. When we confront these situations, team mechanics and managers. Kyle dire economic effect, discouraging the the diagnosis is easy. The hard part is Petty, a team owner and driver, do- capital investments that these facili- taking action. IRI takes action. Pro- nated automotive parts. Tobacco com- ties rely on to improve their product moting democracy is a huge task—one mission funds allowed Patrick Henry and attract the legions of fans that IRI does superbly—and calls will only Community College, the county’s lone have been so valuable to small towns increase for it to do more. institution of higher learning, to retool across the country. I am confident it is up to the job. For a derelict building into headquarters I urge my colleagues to join me in 20 years the individuals who make up for a motor-sports training program supporting prompt enactment of S. the International Republican Institute and to rev up the curriculum. ‘‘We’re 1524, the ‘‘Motorsports Fairness Act’’ have made a positive difference in the actually getting people jobs,’’ motor- to clarify that these facilities are in- world. While these are not the type of sports instructor Mike Sharpe says, deed 7-year property for purposes of de- people to rest on their laurels, we standing among brightly painted car preciation. should all recognize that these laurels bodies, reinforced racing frames, pow- f are well deserved. erful engines and high-tech calibration 20TH ANNIVERSARY OF THE f equipment.’’ INTERNATIONAL REPUBLICAN 50TH ANNIVERSARY OF THE SALK The Motorsports Facilities Fairness INSTITUTE POLIO VACCINE FIELD TRIALS Act would provide certainty to track and speedway operators regarding the Mr. MCCAIN. Mr. President, tonight Mr. ALLEN. Mr. President, I have al- depreciation of their properties. This we will mark a historic occasion—the ways been one to support innovation. common sense proposal is necessary to 20th anniversary of the International It is with the innovative researchers of allow these facilities to continue to en- Republican Institute. I am honored to this Nation and the world that have hance local and regional economies and chair the Institute’s board of directors, provided us with some of the greatest to contribute to job growth. and to have been involved for 14 years contributions in history. Inventions The Motorsports Facilities Fairness with an organization that has done so such as the computer, the Internet, the Act responds to the recent decision of much for so many. Its staff of experts, automobile, the airplane, and vaccines the IRS to question the long-standing under its leadership in Washington, has have transformed the world as we once depreciation treatment of motorsports for two decades fanned out across the knew it, to the world that we live in complexes used by facility owners. For globe, bringing the benefits of their ex- now. decades, motorsports facilities were perience and education to those who I would like to take a moment and classified as ‘‘theme and amusement hunger for democracy. For 20 years IRI recognize yesterday’s event commemo- facilities’’ for depreciation purposes. has worked to advance democracy, pro- rating April 26, 2004, as the 50th Anni- This long-standing treatment was mote freedom and self-government, and versary of the Salk polio vaccine field widely applied and accepted, until now. support the rule of law and human trials, a truly significant day for our Over the years, relying on this good rights. In doing this, IRI embodies the Nation. faith understanding of the tax law, fa- fundamental values on which the On April 26, the March of Dimes and cility owners and operators invested American political system is based, the Centers for Disease Control and hundreds of millions of dollars in build- and which we must encourage around Prevention, commemorated the 50th ing and upgrading these properties. the world. anniversary of the development of the S. 1524 would merely allow the track Why do we spend energy, money, Salk polio vaccine along with several owners to classify these facilities for time and expertise to promote freedom other organizations. This day in April tax purposes in the same way that they and democracy abroad? We do it be- holds great significance for the nation have done, without question, for years, cause we know that, as Ronald Reagan as it was that day in 1954 that the first or in some cases, decades. said in 1982 when he cited the Universal dose of the Salk vaccine was distrib- I urge the Senate to ‘‘green flag’’ the Declaration of Human Rights, ‘‘free- uted to children at Franklin Sherman process on this winning measure. Ap- dom is not the sole prerogative of a Elementary school in McLean, VA as prove S. 1524, the Motorsports Facili- lucky few, but the inalienable and uni- part of the National Field Trial Pro- ties Fairness Act. Let’s wave the versal right of all human beings.’’ In gram. In the months that followed, ‘‘checkered flag’’ for jobs, economic America, we enjoy the fundamental more than 1,800,000 school children, col- growth and logic. right to be free. But we also know that lectively referred to as ‘‘Polio Pio- f we will never enjoy our rights in the neers’’, participated in these trials. fullness of security until all of human- The outcomes of these field trials RACETRACK DEPRECIATION ity is also free. were truly significant. Reports indi- Mr. NELSON of Florida. Mr. Presi- The promotion of democracy and fun- cated that the Salk vaccine was 80–90 dent, I rise today to address an issue damental human rights is thus an inex- percent effective in preventing polio important to my State, and to a grow- tricable element of American foreign and in the four years following the ing number of Americans: Motorsports. policy. We use our power not simply to trials, medical personnel administered Born in Daytona Beach, racing today is enhance our security, but to promote 450 million doses of the vaccine, mak- the fastest growing sport in the coun- our values—for the good of others. For ing it a standard fixture among child- try and has given birth to an economy 20 years IRI has monitored elections, hood immunizations. By the end of unto itself. trained political candidates, promoted 2003, poliomyelitis had been eliminated With 38 track and speedway facilities government reform, helped organize world-wide in all but 6 countries. The in locations throughout Florida, in- civil society, and increased political result of this vaccination—nearly 5 cluding two of the Nation’s larger participation. Its mission is vital, and million children have been given the tracks—Homestead-Miami and Day- IRI has performed it with success in ability to walk who would otherwise tona International Speedways—motor- over 75 countries. have been paralyzed and 1.25 million sports contribute nearly $2 billion an- Anyone who reads the newspapers childhood deaths have been averted. nually to Florida alone. can see how critical this mission is The Salk polio vaccine is a great con- Simply put, these tracks, whether today. Iraq is the biggest democracy tribution to our nation and to the en- large or small, create jobs and expand project in a generation, and IRI is ac- tire world. While poliovirus was eradi- tourism. tive on the ground, making a difference cated from the United States by the The Internal Revenue Service has al- on a daily basis. Beyond Iraq, there is early 1980’s, it continues to exist in the lowed these facilities to depreciate a growing recognition that the lack of wild in a limited number of regions their property over a 7-year period. freedom in the Greater Middle East of- around the world. Nevertheless, the Now they are challenging this long- fends not only America’s national val- World Health Organization has set 2005 standing industry practice and treating ues, but also threatens our security. In as the target date for complete, global racetracks differently than other en- other regions too—Central Asia, South- eradication of the virus. It is through tertainment complexes. east Asia, and others—freedom is lack- the unwavering support and undying

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2004 CONGRESSIONAL RECORD — SENATE S4427 efforts of the innovators of this world many accomplishments, and to com- ADDITIONAL STATEMENTS and organizations such as the March of mend his superb service he provided Dimes that make this occasion pos- the Air Force, the Congress and our sible. The people of Virginia thank Nation. you, the people of the United States NATIONAL PRIMARY IMMUNE DE- thank you, and most importantly the Colonel Groves entered the Air Force FICIENCY DISEASES AWARENESS world thanks you. by Direct Appointment in 1983 with a WEEK f Juris Doctor degree from the Univer- sity of Akron School of Law. During ∑ Ms. MIKULSKI. Mr. President, I rise TRIBUTE TO BEN H. BELL III his 21-year career, he served three today in support of National Primary Mr. INHOFE. Mr. President, Members tours as a Staff Judge Advocate, with Immune Deficiency Diseases Aware- of Congress, it is not often we have an assignments at the 6th Air Refueling ness Week. The national awareness opportunity to recognize a senior exec- Wing, the Air Force Office of Scientific week took place the week of April 19th. utive in the United States Government Primary immune deficiency diseases Research, and the Aerospace Guidance as a leader, loyal soldier and a patriot. PIDD, are genetic disorders in which and Metrology Center. In 1990, he com- Ben H. Bell III epitomizes these traits part of the body’s immune system is pleted a Masters of Law program in after dedicating his adult life to serv- missing or does not function properly. ing this great country in several im- Government Procurement at George The World Health Organization recog- pressive capacities. Ben protected and Washington University, in Washington, nizes more than 150 primary immune defended our Nation during his 21 years DC. He has completed two overseas diseases which affect as many as 50,000 as an officer and leader in the Marine tours in Germany and was deployed in people in the United States. Fortu- Corps. He safeguarded our borders for 9 1994 as the Legal Advisor for the Com- nately, 7 percent of PIDD patients are years, holding his last position as As- bined Air Operations Center, Vicenza, able to maintain their health through sistant Commissioner for Intelligence Italy, during Operations DENY regular infusions of a plasma product with the Department of Immigration FLIGHT and PROVIDE PROMISE. Just known as intravenous immunoglobulin. and Naturalization Services. For the prior to his current assignment, he IGIV helps bolster the immune system next 2 years, Ben helped design the and provides critical protection against Foreign Terrorism Tracking Task served as Assistant General Counsel for infection and disease. Force just after 9/11 under Presidential Procurement, Missile Defense Agency directive and direction from the Attor- here in Washington, D.C. The Immune Deficiency Foundation, ney General. In 2001, Colonel Groves was selected which is the Nation’s leading organiza- Soon after, Secretary Mineta and as Chief, Programs and Policy Branch tion dedicated to improving the quality Deputy Secretary ADM James Loy re- for the Air Force Directorate of Legis- of life for PIDD patients is located in cruited Mr. Bell to establish and lead lative Liaison. During this period, Towson, MD. The foundation was this Nation’s first Office of National Colonel Groves led 14 liaison personnel founded in 1980 by parents of primary Risk Assessment, ONRA. This congres- immune deficient children and their responsible for all Air Force inter- sionally mandated office and its mis- physicians. At that time, there were actions with the Armed Services Com- sion define our Nation’s newly emerg- few treatments for many primary im- ing need to manage and mitigate ex- mittees on personnel issues, readiness, mune deficiency diseases, and the treme risk for the protection of our depot maintenance, environmental treatments that were available were homeland from terrorism. compliance, airspace and range oper- painful and not very effective. There It is through great dedication, uncon- ations, force structure, base closure, were no educational materials for pa- ditional loyalty, leadership, and pas- health care, inspector general matters, tients, no public advocacy initiatives, sion that Ben H. Bell III has protected military construction, and acquisition and little research was being done. and defended our way of life every day policies. Additionally, he directed the Over the past 24 years, the foundation without ever giving it a second process used for USAF activities world- has made tremendous strides. thought. wide to submit legislative proposals to On behalf of my colleagues in Con- Recently, the foundation entered gress and myself, we thank you, con- Congress. In his years of working with into a historic research partnership gratulate you, and salute you on such the Congress, Colonel Groves provided with the National Institute of Allergy an accomplished and dynamic career. a clear and credible voice for the Air and Infectious Diseases at the National f Force while representing its many pro- Institutes of Health. The establishment grams on the Hill, consistently pro- of the ‘‘US Immunodeficiency Net- TRIBUTE TO COLONEL WILLIAM viding accurate, concise and timely in- work’’ represents the most significant GROVES formation. His integrity, profes- advancement in primary immune defi- Mr. WARNER. Mr. President, I rise sionalism, and expertise enabled him ciency research in our Nation’s his- today to pay tribute to an exceptional to develop and maintain an exceptional tory. Despite the recent progress in officer in the United States Air Force, PIDD research, the average length of an individual that a great many of us rapport between the Air Force and the Congress. The key to his success, I be- time between the onset of symptoms in have come to know personally over the a patient and a definitive diagnosis of lieve, was his deep understanding of past few years—Colonel William ‘‘Bill’’ PIDD is nine and a half years. In the congressional processes and priorities Groves. Colonel Groves, who currently interim, those afflicted may suffer re- and his unflinching advocacy of the serves in the office of Air Force Legis- peated and serious infections and pos- lative Liaison, will retire after 21 years programs essential to the Air Force sibly irreversible damage to internal of active duty Air Force service. Dur- and to our Nation. I am greatly appre- organs. That it why it is critical that ing his time in Washington, and espe- ciative of Colonel Groves’ 21-year serv- we raise awareness about these ill- cially with regard to his work here on ice to his Nation and offer my sincere nesses within the general public and Capitol Hill, Colonel Groves epitomized wishes for a happy and prosperous re- the health care community. Air Force core values of integrity, self- tirement. On behalf of the Congress less service and excellence in the many I commend the Immune Deficiency and the country, I thank Colonel missions the Air Force performs in sup- Foundation for its leadership in this Groves and his wife Joanne for the port of our national security. Many area and I am proud that I was able to Members and staff have enjoyed the op- commitment and sacrifices that they join them in recognizing the week of portunity to meet with him on a vari- have made throughout his honorable April 19 as National Primary Immune ety of Air Force issues and came to military career. I know I speak for all Deficiency Diseases Awareness Week. I deeply appreciate his character and of my colleagues in expressing my encourage my colleagues to help im- many talents. Today it is my privilege heartfelt appreciation to Colonel prove the quality of life for PIDD pa- to recognize some of Colonel Groves’ Groves for a job well done. tients and their families.∑

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4428 CONGRESSIONAL RECORD — SENATE April 27, 2004 20TH ANNIVERSARY OF THE his life. Their numerous stories and INTRODUCTION OF BILLS AND INTERNATIONAL REPUBLICAN memories further cemented Chris- JOINT RESOLUTIONS INSTITUTE topher’s status as a gentlemen and also The following bills and joint resolu- ∑ Mr. HAGEL. Mr. President, I rise demonstrated the tremendous positive tions were introduced, read the first today to congratulate the Inter- impact he had on everyone he met. and second times by unanimous con- national Republican Institute on the At an early age, Christopher devel- sent, and referred as indicated: 20th anniversary of its founding. As an oped an affinity with the thoroughbred By Mr. LIEBERMAN (for himself, Mrs. IRI Board member since 1999, I have horse business, nourished by his fa- CLINTON, Mr. DODD, and Mr. SCHU- witnessed IRI’s tremendous success in ther’s occupation as a thoroughbred MER): helping build democracy across the trainer and consignor. As a precocious S. 2350. A bill to establish the Long Island 10-year-old, he began his tenure on the Sound Stewardship System; to the Com- globe. mittee on Environment and Public Works. The International Republican Insti- Stable Crew at the August Yearling Sale in Saratoga, NY, serving with By Ms. COLLINS (for herself and Mr. tute was founded in response to a 1982 FEINGOLD): speech by President Ronald Reagan, in young men twice his age. Until his S. 2351. A bill to establish a Federal Inter- which he called for a broad commit- death, he worked in Saratoga for two agency Committee on Emergency Medical ment to helping developing countries weeks every August and was known for Services and a Federal Interagency Com- build democratic institutions. IRI his infectious smile and inexhaustible mittee on Emergency Medical Services Advi- began its work in Latin America. When spirit in both his work at the sale and sory Council, and for other purposes; to the in numerous after-hours adventures. Committee on Governmental Affairs. the cold war ended, IRI expanded its By Mr. ENSIGN (for himself, Ms. LAN- programs to the states of the former Christopher’s memorial service in Camden, SC, was held outdoors at the DRIEU, Mr. LIEBERMAN, Mr. INOUYE, Soviet Union. and Ms. COLLINS): Through its work today in more than Carolina Cup Steeplechase Museum on S. 2352. A bill to prevent the slaughter of 50 countries, IRI reinforces the Amer- April 23, 2004. In an atmosphere remi- horses in and from the United States for ican belief that all people can achieve niscent of his easygoing fun-loving de- human consumption by prohibiting the freedom through the development of meanor, Christopher’s friends and fam- slaughter of horses for human consumption ily gathered to celebrate his 20 years of and by prohibiting the trade and transport of democratic political parties, good gov- horseflesh and live horses intended for ernance, and transparent election proc- life. As tales about his life unfolded, it became clear to all present what had human consumption, and for other purposes; esses. IRI’s success in teaching those in to the Committee on Agriculture, Nutrition, emerging democracies to build and made Christopher so special: his love and Forestry. for life. This trait brought more than manage democratic institutions does f not stop at these countries’ borders. 100 people together to honor an ex- SUBMISSION OF CONCURRENT AND Volunteers from Romania, Serbia, and traordinary young man’s life and to SENATE RESOLUTIONS other countries where IRI has worked mourn his untimely death. After the are now helping to build a civil society service, friends and family ate, drank, The following concurrent resolutions in Iraq. and told more stories of Christopher and Senate resolutions were read, and IRI also provides citizens from across and, as he would have wished, there referred (or acted upon), as indicated: the U.S. the opportunity to volunteer was more laughter than tears on this By Mr. LUGAR (for himself, Mr. their skills to assist countries under- beautiful, South Carolina morning KERRY, Mr. HAGEL, and Mr. ALLEN): going democratic transition. IRI volun- Christopher is survived by his father, S. Res. 343. A resolution calling on the Government of the Socialist Republic of teers teach others how to run political Kip, his mother, Rhetta, and his sister, Taylor.∑ Vietnam to respect all universally recog- campaigns, increase the participation nized human rights, including the right to of women and youth, monitor elec- f freedom of religion and to participate in reli- tions, deliver government services, and gious activities and institutions without in- communicate effectively with the pub- ENROLLED BILL SIGNED terference or involvement of the Govern- lic. At 2:24 p.m., a message from the ment; and to respect the human rights of ethnic minority groups in the Central High- I congratulate and thank the Inter- House of Representatives, delivered by national Republican Institute for its lands and elsewhere in Vietnam; to the Com- Ms. Niland, one of its reading clerks, mittee on Foreign Relations. commitment to helping strengthen de- announced that the Speaker, on April ∑ By Mr. ALEXANDER (for himself, Mr. mocracy around the world. 22, 2004, has signed the following en- FEINGOLD, Mr. LUGAR, and Mr. f rolled bill: BIDEN): S. Con. Res. 100. A concurrent resolution S. 2022. An act to designate the Federal celebrating 10 years of majority rule in the CHRISTOPHER B. ELSER building located at 250 West Cherry Street in Republic of South Africa and recognizing the ∑ Mr. GRAHAM of South Carolina. Mr. Carbondale, Illinois the ‘‘Senator Paul momentous social and economic achieve- Simon Federal Building’’. President, Christopher B. Elser of Cam- ments of South Africa since the institution den, SC, died on the afternoon of April The enrolled bill was signed subse- of democracy in that country; to the Com- 18, 2004. Christopher, a student at John quently today, April 26, 2004, by the mittee on Foreign Relations. Hopkins University in Baltimore, MD, President pro tempore (Mr. STEVENS). f died from stab wounds he received from an early-morning intruder who entered f ADDITIONAL COSPONSORS the room where he was sleeping. Chris- MEASURES PLACED ON THE S. 874 topher had spent the night in a frater- CALENDAR At the request of Mr. TALENT, the nity brother’s room after a party so his name of the Senator from Arkansas friend would have a quiet place to The following bill was read the sec- (Mrs. LINCOLN) was added as a cospon- study. ond time, and placed on the calendar: sor of S. 874, a bill to amend title XIX Christopher was a junior in the S. 2348. A bill to extend the Internet Tax of the Social Security Act to include Zanvyl Krieger School of Arts and Freedom Act. primary and secondary preventative Sciences at the University. He was also f medical strategies for children and a member of Sigma Alpha Epsilon fra- adults with Sickle Cell Disease as med- ternity and played soccer his freshman ENROLLED BILL PRESENTED ical assistance under the medicaid pro- year. He was known as a consummate The Secretary of the Senate reported gram, and for other purposes. gentleman, both on campus and off. As that on April 27, 2004, she had presented S. 896 one of his fraternity brothers said, ‘‘We to the President of the United States At the request of Mrs. MURRAY, the all strived to be gentlemen, but we the following enrolled bill: name of the Senator from New York never had anyone embody it as much S. 2022. An act to designate the Federal (Mrs. CLINTON) was added as a cospon- as Chris.’’ His memorial service on building located at 250 West Cherry Street in sor of S. 896, a bill to establish a public April 19, 2004, drew more than 1,000 Carbondale, Illinois the ‘‘Senator Paul education and awareness program re- friends and family members to honor Simon Federal Building’’. lating to emergency contraception.

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2004 CONGRESSIONAL RECORD — SENATE S4429 S. 976 (Mr. JEFFORDS) was added as a cospon- with respect to the importation of pre- At the request of Mr. WARNER, the sor of S. 1792, a bill to amend the Inter- scription drugs, and for other purposes. names of the Senator from Connecticut nal Revenue Code of 1986 to provide the S. 2336 (Mr. LIEBERMAN) and the Senator from same capital gains treatment for art At the request of Mr. REID, the name Ohio (Mr. DEWINE) were added as co- and collectibles as for other invest- of the Senator from Vermont (Mr. JEF- sponsors of S. 976, a bill to provide for ment property and to provide that a FORDS) was added as a cosponsor of S. the issuance of a coin to commemorate deduction equal to fair market value 2336, a bill to expand access to preven- the 400th anniversary of the James- shall be allowed for charitable con- tive health care services and education town settlement. tributions of literary, musical, artistic, programs that help reduce unintended S. 977 or scholarly compositions created by pregnancy, reduce infection with sexu- At the request of Mr. FITZGERALD, the donor. ally transmitted disease, and reduce the names of the Senator from Ohio S. 2138 the number of abortions. (Mr. DEWINE) and the Senator from At the request of Mr. GRAHAM of S. 2348 Rhode Island (Mr. REED) were added as South Carolina, the names of the Sen- At the request of Mr. ENZI, the name cosponsors of S. 977, a bill to amend the ator from Alaska (Ms. MURKOWSKI) and of the Senator from Texas (Mrs. Public Health Service Act, the Em- the Senator from New York (Mr. SCHU- HUTCHISON) was added as a cosponsor of ployee Retirement Income Security MER) were added as cosponsors of S. Act of 1974, and the Internal Revenue S. 2348, a bill to extend the Internet 2138, a bill to protect the rights of Tax Freedom Act. Code of 1986 to require that group and American consumers to diagnose, serv- individual health insurance coverage S. CON. RES. 90 ice, and repair motor vehicles pur- and group health plans provide cov- At the request of Mr. LEVIN, the chased in the United States, and for erage from treatment of a minor names of the Senator from Minnesota other purposes. child’s congenital or developmental de- (Mr. DAYTON) and the Senator from formity or disorder due to trauma, in- S. 2141 New Jersey (Mr. CORZINE) were added fection, tumor, or disease. At the request of Mr. LUGAR, the as cosponsors of S. Con. Res. 90, a con- S. 1345 name of the Senator from Wisconsin current resolution expressing the Sense At the request of Mrs. MURRAY, the (Mr. KOHL) was added as a cosponsor of of the Congress regarding negotiating, names of the Senator from Alaska (Mr. S. 2141, a bill to amend the Farm Secu- in the United States-Thailand Free STEVENS) and the Senator from Alaska rity and Rural Investment Act of 2002 Trade Agreement, access to the United (Ms. MURKOWSKI) were added as cospon- to enhance the ability to produce fruits States automobile industry. sors of S. 1345, a bill to extend the au- and vegetables on soybean base acres. S. CON. RES. 99 thorization for the ferry boat discre- S. 2174 At the request of Mr. BROWNBACK, the tionary program, and for other pur- At the request of Mr. BUNNING, the name of the Senator from Connecticut poses. names of the Senator from Hawaii (Mr. (Mr. LIEBERMAN) was added as a co- S. 1368 INOUYE) and the Senator from Wash- sponsor of S. Con. Res. 99, a concurrent At the request of Mr. LEVIN, the ington (Mrs. MURRAY) were added as resolution condemning the Govern- name of the Senator from Nebraska cosponsors of S. 2174, a bill to amend ment of the Republic of the Sudan for (Mr. NELSON) was added as a cosponsor title XIX of the Social Security Act to its participation and complicity in the of S. 1368, a bill to authorize the Presi- include podiatrists as physicians for attacks against innocent civilians in dent to award a gold medal on behalf of purposes of covering physicians serv- the impoverished Darfur region of the Congress to Reverend Doctor Mar- ices under the medicaid program. western Sudan. tin Luther King, Jr. (posthumously) S. 2212 S. RES. 81 and his widow Coretta Scott King in At the request of Ms. COLLINS, the At the request of Mr. BROWNBACK, the recognition of their contributions to names of the Senator from Alabama name of the Senator from South Caro- the Nation on behalf of the civil rights (Mr. SHELBY) and the Senator from lina (Mr. GRAHAM) was added as a co- movement. Montana (Mr. BAUCUS) were added as sponsor of S. Res. 81, a resolution ex- S. 1379 cosponsors of S. 2212, a bill to amend pressing the sense of the Senate con- At the request of Mr. JOHNSON, the title VII of the Tariff Act of 1930 to cerning the continuous repression of name of the Senator from Rhode Island provide that the provisions relating to freedoms within Iran and of individual (Mr. CHAFEE) was added as a cosponsor countervailing duties apply to non- human rights abuses, particularly with of S. 1379, a bill to require the Sec- market economy countries. regard to women. retary of the Treasury to mint coins in S. 2292 S. RES. 168 commemoration of veterans who be- At the request of Mr. VOINOVICH, the came disabled for life while serving in At the request of Mr. CAMPBELL, the names of the Senator from Maryland the Armed Forces of the United States. name of the Senator from Illinois (Mr. (Ms. MIKULSKI), the Senator from Wis- DURBIN) was added as a cosponsor of S. S. 1545 consin (Mr. FEINGOLD) and the Senator Res. 168, a resolution designating May At the request of Mr. HATCH, the from Ohio (Mr. DEWINE) were added as 2004 as ‘‘National Motorcycle Safety name of the Senator from Rhode Island cosponsors of S. 2292, a bill to require a and Awareness Month’’. (Mr. CHAFEE) was added as a cosponsor report on acts of anti-Semitism around of S. 1545, a bill to amend the Illegal S. RES. 313 the world. Immigration Reform and Immigrant At the request of Mr. FEINGOLD, the Responsibility Act of 1996 to permit S. 2321 name of the Senator from Massachu- States to determine State residency for At the request of Mr. BYRD, the name setts (Mr. KENNEDY) was added as a co- higher education purposes and to au- of the Senator from Oregon (Mr. sponsor of S. Res. 313, a resolution ex- thorize the cancellation of removal and WYDEN) was added as a cosponsor of S. pressing the sense of the Senate en- adjustment of status of certain alien 2321, a bill to amend title 32, United couraging the active engagement of students who are long-term United States Code, to rename the National Americans in world affairs and urging States residents. Guard Challenge Program and to in- the Secretary of State to coordinate S. 1736 crease the maximum Federal share of with implementing partners in cre- At the request of Mr. ENZI, the name the costs of State programs under that ating an online database of inter- of the Senator from Idaho (Mr. CRAPO) program, and for other purposes. national exchange programs and re- was added as a cosponsor of S. 1736, a S. 2328 lated opportunities. bill to promote simplification and fair- At the request of Mr. DORGAN, the S. RES. 317 ness in the administration and collec- names of the Senator from Illinois (Mr. At the request of Mr. HAGEL, the tion of sales and use taxes. DURBIN) and the Senator from Cali- name of the Senator from Virginia (Mr. S. 1792 fornia (Mrs. BOXER) were added as co- WARNER) was added as a cosponsor of S. At the request of Mr. DOMENICI, the sponsors of S. 2328, a bill to amend the Res. 317, a resolution recognizing the name of the Senator from Vermont Federal Food, Drug, and Cosmetic Act importance of increasing awareness of

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4430 CONGRESSIONAL RECORD — SENATE April 27, 2004 autism spectrum disorders, supporting accessible to the public, and every (4) the portion of the shoreline of Long Is- programs for increased research and year, more shoreline is developed and land Sound that is accessible to the general improved treatment of autism, and im- removed from public access. Marshes public (estimated at less than 20 percent of proving training and support for indi- and estuaries around the Sound are the total shoreline) is not adequate to serve the needs of the people living in the area; viduals with autism and those who care being drained and developed at an (5) existing shoreline facilities are in many for individuals with autism. alarming rate. These tidal marshes are cases overburdened and underfunded; S. RES. 332 critical for the ecological health of the (6) large parcels of open space already in At the request of Mr. FEINGOLD, the Sound, which is the foundation of the public ownership are strained by the effort names of the Senator from Maryland Sound’s vital economic contribution to to balance the demand for recreation with the needs of sensitive natural resources; (Mr. SARBANES) and the Senator from the region. In short, to preserve the (7) approximately 1⁄3 of the tidal marshes of Connecticut (Mr. LIEBERMAN) were blessings of Long Island Sound for fu- ture generations, this generation must Long Island Sound have been filled, and added as cosponsors of S. Res. 332, a much of the remaining marshes have been resolution observing the tenth anniver- act. This is why Senator CLINTON and I ditched, dyked, or impounded, reducing the sary of the Rwandan Genocide of 1994. have introduced the Long Island Sound ecological value of the marshes; and S. RES. 342 Stewardship Act. (8) many of the remaining exemplary nat- The Long Island Sound Stewardship ural landscape is vulnerable to further devel- At the request of Mr. HATCH, the opment. names of the Senator from Colorado Act builds on the years of good work done by the Long Island Sound Study (b) PURPOSE.—The purpose of this Act is to (Mr. CAMPBELL), the Senator from Indi- Group. This group, made up of dedi- establish the Long Island Sound Stewardship ana (Mr. LUGAR), the Senator from cated people from Federal, State, and System to preserve areas of critical impor- Texas (Mr. CORNYN) and the Senator tance because of the open space, public ac- local government agencies, non-gov- from Alaska (Ms. MURKOWSKI) were cess, and ecological value of the areas. ernment organizations, and private in- added as cosponsors of S. Res. 342, a SEC. 3. DEFINITIONS. resolution designating April 30, 2004, as terests, has worked together to develop In this Act: ‘‘Dia de los Ninos: Celebrating Young a vision of good stewardship for Long (1) COMMITTEE.—The term ‘‘Committee’’ Americans’’, and for other purposes . Island Sound. Many of them are here means the Long Island Sound Stewardship today, and I thank them for their hard Coordinating Committee established by sec- AMENDMENT NO. 2889 work. tion 5(a). At the request of Mr. SANTORUM, the Our bill will help us achieve their vi- (2) REGION.—The term ‘‘Region’’ means the name of the Senator from Ohio (Mr. sion, by providing funds and a congres- Long Island Sound Stewardship System Re- gion established by section 4(a). DEWINE) was added as a cosponsor of sional mandate to work towards this amendment No. 2889 intended to be pro- (3) STATES.—The term ‘‘States’’ means the vision. Under this bill, those who agree States of Connecticut and New York. posed to S. 1637, a bill to amend the In- to preserve public access or ecological ternal Revenue Code of 1986 to comply SEC. 4. LONG ISLAND SOUND STEWARDSHIP SYS- characteristics of their land can be rec- TEM REGION. with the World Trade Organization rul- ognized by having the land designated (a) ESTABLISHMENT.—There is established ings on the FSC/ETI benefit in a man- as a Long Island Stewardship Site. The in the States the Long Island Sound Stew- ner that preserves jobs and production bill also provides funding to facilitate ardship System Region. activities in the United States, to re- the preservation of these characteris- (b) BOUNDARIES.—The Region shall encom- form and simplify the international tics. Most important, the bill achieves pass the immediate coastal upland and un- derwater areas along Long Island Sound, in- taxation rules of the United States, these ends through a voluntary pro- and for other purposes. cluding those portions of the Sound with gram, a cooperative venture between coastally influenced vegetation, as described f all the stakeholders: public and pri- on the map entitled the ‘‘Long Island Sound STATEMENTS ON INTRODUCED vate, Federal, State, and local. Stewardship Region’’ and dated April 21, BILLS AND JOINT RESOLUTIONS The Long Island Sound Study has al- 2004. ready set a fine example of cooperation SEC. 5. LONG ISLAND SOUND STEWARDSHIP CO- By Mr. LIEBERMAN (for himself, and vision. I introduce this bill to fur- ORDINATING COMMITTEE. Mrs. CLINTON, Mr. DODD, and ther that vision. I look forward to (a) ESTABLISHMENT.—There is established a Mr. SCHUMER): committee to be known as the ‘‘Long Island working with the Connecticut and New S. 2350. A bill to establish the Long Sound Stewardship Coordinating Com- York delegations, and all the stake- island Sound Stewardship System; to mittee’’. holders, as we develop and refine this the Committee on Environment and (b) CHAIRPERSON.—The Chairperson of the bill. I am confident that working to- Committee shall be the Director of the Long Public Works. gether, we will preserve the blessings Island Sound Office of the Environmental Mr. LIEBERMAN. Mr. President, of Long Island Sound. Protection Agency, or designee. Long Island Sound holds a special place I ask unanimous consent that the (c) MEMBERSHIP.— in our Nation’s history, its present, and (1) COMPOSITION.— text of the Long Island Sound Steward- its future. It has played a key role in (A) IN GENERAL.—The chairperson shall ap- ship Act be printed in the RECORD. the development of the Nation, from point the members of the Committee in ac- There being no objection, the bill was the early days of the colonists, through cordance with this subsection and section ordered to be printed in the RECORD, as to this day. Its bounty nourished the 320(c) of the Federal Water Pollution Control follows: Act (33 U.S.C. 1330(c)). colonists, its coves sheltered their S. 2350 (B) REPRESENTATION.—The Committee ships, and provided harbors for trade. shall— Be it enacted by the Senate and House of Rep- Today, Long Island Sound remains a (i) include equal representation of the in- resentatives of the United States of America in vital resource to the area: its biologi- terests of the States; and Congress assembled, cal resources provide jobs, and its (ii) represent— beauty draws tourists who come to SECTION 1. SHORT TITLE. (I) Federal, State, and local government This Act may be cited as the ‘‘Long Island interests; visit the Sound to fish, to sail, and Sound Stewardship Act of 2004’’. simply to enjoy its shores. It is esti- (II) the interests of nongovernmental orga- SEC. 2. FINDINGS AND PURPOSE. nizations; mated that these activities contribute (a) FINDINGS.—Congress finds that— (III) academic interests; and approximately $5 billion annually to (1) Long Island Sound is a national treas- (IV) private interests. the economy of the region. This is not ure of great cultural, environmental, and ec- (2) DATE OF APPOINTMENTS.—The appoint- so surprising when you realize that ological importance; ment of a member of the Committee shall be over 28 million people live within 50 (2) 8,000,000 people live within the Long Is- made not later than 180 days after the date miles of the Sound. land Sound watershed and 28,000,000 people of enactment of this Act. It is a blessing that so many people (approximately 10 percent of the population (d) TERM; VACANCIES.— can enjoy and benefit from Long Island of the United States) live within 50 miles of (1) TERM.—A member shall be appointed Long Island Sound; for the life of the Committee. Sound, in so many ways. But it is also (3) activities that depend on the environ- (2) VACANCIES.—A vacancy on the Com- a challenge that threatens the future mental health of Long Island Sound con- mittee— of the Sound. Less than 20 percent of tribute more than $5,000,000,000 each year to (A) shall not affect the powers of the Com- the shoreline of Long Island Sound is the regional economy; mittee; and

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2004 CONGRESSIONAL RECORD — SENATE S4431 (B) shall be filled in the same manner as compensated at a rate equal to the daily (A) the contribution of the land to open the original appointment was made. equivalent of the annual rate of basic pay space on and public access to Long Island (e) INITIAL MEETING.—Not later than 30 prescribed for level IV of the Executive Sound; and days after the date on which all members of Schedule under section 5315 of title 5, United (B) the ecological value of the land. the Committee have been appointed, the States Code, for each day (including travel (2) CRITERIA.—In considering land de- Committee shall hold the initial meeting of time) during which the member is engaged in scribed in applications submitted under sub- the Committee. the performance of the duties of the Com- section (b), the Committee shall consider— (f) MEETINGS.—The Committee shall meet mittee. (A) land cover; at the call of the Chairperson, but not less (2) FEDERAL EMPLOYEES.—A member of the (B) size; than 4 times each year. Committee who is an officer or employee of (C) adjacency and connectivity to existing (g) QUORUM.—A majority of the members of the Federal Government shall serve without parks and open spaces; the Committee shall constitute a quorum, compensation in addition to the compensa- (D) water quality; but a lesser number of members may hold tion received for the services of the member (E) current or prospective recreational use; hearings. as an officer or employee of the Federal Gov- (F) visitor demand; SEC. 6. DUTIES OF THE COMMITTEE. ernment. (G) scenic quality; The Committee shall— (b) TRAVEL EXPENSES.—A member of the (H) cultural resources; (1) consistent with the guidelines described Committee shall be allowed travel expenses, (I) erosion and flood hazard prevention; in section 9(c)— including per diem in lieu of subsistence, at (J) environmental justice; (A) establish specific criteria for the eval- rates authorized for an employee of an agen- (K) fish and wildlife productivity; uation of applications for stewardship site cy under subchapter I of chapter 57 of title 5, (L) biodiversity; designations; and United States Code, while away from the (M) scientific value; (B) evaluate and award or deny steward- home or regular place of business of the (N) water quality protection; ship designation to applicants for that des- member in the performance of the duties of (O) habitat restoration characteristics; ignation; the Committee. (P) connectivity to other habitats that are (2) consistent with the guidelines described (c) STAFF.— vital to sustaining healthy living resources in section 9(d)— (1) IN GENERAL.—The Chairperson of the in the Long Island Sound watershed; (A) evaluate applications from government Committee may, without regard to the civil (Q) risk of development; and or nonprofit organizations qualified to hold service laws (including regulations), appoint (R) other criteria developed by the Com- conservation easements for funds to pur- and terminate an executive director and mittee under section 6(1)(A). chase land or development rights for stew- such other additional personnel as are nec- (d) GENERAL GUIDELINES FOR AWARDING ardship sites; and essary to enable the Committee to perform FUNDS.— (B) award funds to qualified applicants; the duties of the Committee. (1) IN GENERAL.—The Committee shall (3) not later than 1 year after the date of (2) CONFIRMATION OF EXECUTIVE DIRECTOR.— award funds to qualified applicants to help enactment of this Act, develop and publish a The employment of an executive director to secure and improve the open space, public management plan that— shall be subject to confirmation by the Com- access, or ecological values of stewardship (A) assesses the current resources of and mittee. sites, through— threats to Long Island Sound; (3) COMPENSATION.— (A) purchase of the property of the site; (B) assesses the role of the Long Island (A) IN GENERAL.—Except as provided in (B) purchase of relevant property rights of Sound Stewardship System in protecting subparagraph (B), the Chairperson of the the site; or Long Island Sound; Committee may fix the compensation of the (C) entering into any other binding legal (C) establishes— executive director and other personnel with- arrangement that ensures that the values of (i) guidelines, schedules, and due dates for out regard to the provisions of chapter 51 and the site are preserved. applying for designation as a stewardship subchapter III of chapter 53 of title 5, United (2) EQUITABLE DISTRIBUTION OF FUNDS.—The site; and States Code, relating to classification of po- Committee shall exert due diligence to dis- (ii) specific criteria to be used in evalu- sitions and General Schedule pay rates. tribute funds equitably between the States. ating stewardship site applications; (B) MAXIMUM RATE OF PAY.—The rate of SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (D) includes information about any grants pay for the executive director and other per- that are available for the purchase of land or sonnel shall not exceed the rate payable for (a) IN GENERAL.—There is authorized to be property rights to protect stewardship sites; level V of the Executive Schedule under sec- appropriated to carry out this Act $40,000,000 (E) shall be made available to the public on tion 5316 of title 5, United States Code. for each fiscal year, to be allocated from the national estuary program under section 320 the Internet and in hardcopy form; and (d) DETAIL OF FEDERAL GOVERNMENT EM- of the Federal Water Pollution Control Act (F) shall be updated at least every other PLOYEES.— (33 U.S.C. 1330). year, with information on applications for (1) IN GENERAL.—An employee of the Fed- stewardship site designation and funding eral Government may be detailed to the (b) ALLOCATION OF FUNDS.—For each fiscal published more frequently; and Committee without reimbursement. year— (4) concurrent with the first management (2) CIVIL SERVICE STATUS.—The detail of (1) not more than 15 percent of funds made plan, publish a list of sites that the Com- the employee shall be without interruption available under subsection (a) shall be used mittee considers most appropriate for des- or loss of civil service status or privilege. to improve the facilities of stewardship sites; ignation as stewardship sites. (e) PROCUREMENT OF TEMPORARY AND and SEC. 7. POWERS OF THE COMMITTEE. INTERMITTENT SERVICES.—The Chairperson of (2) at least 85 percent of funds made avail- able under subsection (a) shall be used to se- (a) HEARINGS.—The Committee may hold the Committee may procure temporary and such hearings, meet and act at such times intermittent services in accordance with sec- cure the values of stewardship sites. and places, take such testimony, and receive tion 3109(b) of title 5, United States Code, at (c) FEDERAL SHARE.—The Federal share of such evidence as the Committee considers rates for individuals that do not exceed the the cost of an activity carried out using any advisable to carry out this Act. daily equivalent of the annual rate of basic assistance or grant under this Act shall not (b) INFORMATION FROM FEDERAL AGEN- pay prescribed for level V of the Executive exceed 75 percent of the total cost of the ac- CIES.— Schedule under section 5316 of that title. tivity. (1) IN GENERAL.—The Committee may se- SEC. 9. STEWARDSHIP SITES. cure directly from a Federal agency such in- (a) DEFINITION OF QUALIFYING LAND.—In By Ms. COLLINS (for herself and formation as the Committee considers nec- this section, the term ‘‘qualifying land’’ Mr. FEINGOLD): essary to carry out this Act. means land— S. 2351. A bill to establish a Federal (2) PROVISION OF INFORMATION.—On request (1) that is in the Region; and Interagency Committee on Emergency of the Chairperson of the Committee, the (2) that is— Medical Services and a Federal Inter- head of the agency shall provide the informa- (A) Federal, State, local, or tribal land; agency Committee on Emergency Med- tion to the Committee. (B) land owned by a nonprofit organiza- (c) POSTAL SERVICES.—The Committee may tion; or ical Services Advisory Council, and for use the United States mails in the same (C) privately owned land. other purposes; to the Committee on manner and under the same conditions as (b) APPLICATION FOR DESIGNATION.—Owners Governmental Affairs. other agencies of the Federal Government. or other parties in control of qualifying land Ms. COLLINS. Mr. President, I rise (d) GIFTS.—The Committee may accept, may apply to the Committee to have the today to introduce the Emergency use, and dispose of gifts or donations of serv- qualifying land designated as a Long Island Medical Services Support Act of 2004 ices or property. Sound stewardship site. with my colleague, Senator RUSS FEIN- SEC. 8. COMMITTEE PERSONNEL MATTERS. (c) GENERAL GUIDELINES FOR STEWARDSHIP GOLD (a) COMPENSATION OF MEMBERS.— SITE DESIGNATION.— . This legislation will strengthen (1) NON-FEDERAL EMPLOYEES.—A member of (1) IN GENERAL.—The Committee shall Federal efforts to support community- the Committee who is not an officer or em- choose land to be designated as a steward- based emergency medical services ployee of the Federal Government shall be ship site based on— across America.

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4432 CONGRESSIONAL RECORD — SENATE April 27, 2004 A comprehensive, coordinated emer- gency medical services systems at the much it is spending on EMS or what gency medical services system is essen- state and local level. the needs are for EMS. The bill we in- tial to assure quality care and prompt According to Tom Judge, the Execu- troduce today is a good first step to- response in incidents ranging from tive Director of Lifeflight of Maine, an wards addressing the deficiencies in automobile crashes to catastrophic air ambulance provider, and Jay Brad- our current EMS policies. weather to terrorist attacks. The emer- shaw, the State of Maine’s EMS Direc- This legislation establishes a federal gency medical services system is a cru- tor, improved coordination can help interagency committee whose purpose cial part of our health care safety net. strengthen support for a wide range of will be to coordinate federal EMS ac- Unfortunately, for the past twenty emergency medical services, from rural tivities, identify EMS needs, assure years, Federal support for EMS has EMS providers, to communications be- proper integration of EMS in homeland been both inefficient and uncoordi- tween EMS systems, to improving co- security planning, and make rec- nated. No fewer than seven Federal ordination between local EMS pro- ommendations on improving and agencies are involved in various as- viders and their Federal partners. streamlining EMS support. Although pects of emergency medical services. Another recent GAO report made it Federal law, PL 107–188, called for the Most, however, focus on only one seg- clear that the Center for Medicare and establishment of a working group on ment of the EMS system and don’t ef- Medicaid Services needs to better co- EMS, this legislation goes further in fectively coordinate with other agen- ordinate its reimbursement with the detailing the role and function of the cies. Department of Transportation’s interagency committee. The Senate In 2001, at the request of Senator matching grants for equipment and ve- Governmental Affairs Committee will FEINGOLD and myself, the General Ac- hicles. Many of Maine’s rural commu- certainly iron out any overlap that counting Office researched the status nities, such as Rumford, are at risk of may exist. of this vital system. The GAO report, seeing their first ambulance service This legislation also establishes an titled, ‘‘Emergency Medical Services: closures due to low-reimbursement advisory council for the interagency Reported needs are Wide-Ranging with rates. If DOT targeted assistance to the committee that includes representa- a Growing Focus on Lack of Data,’’ ex- low reimbursement areas that are at tives from throughout the EMS com- posed the need to increase coordination risk of shutting down, we might be able munity. The advisory committee, made among Federal agencies as they ad- to maintain service in these areas. up of non-Federal representatives from dress the needs of regional, State, or Decisions at the Federal Communica- all EMS sectors and from both urban local emergency medical services sys- tions Commission regarding spectrum and rural areas, will provide guidance tems. management could make most of the and input to the interagency com- This legislation would formally es- existing EMS and Fire radios obsolete mittee on a variety of issues including tablish a Federal Interagency Com- over the next few years. In St. George, the development of standards and na- mittee on Emergency Medical Services Maine, the volunteer Fire Rescue has tional plans, expanding or creating (FICEMS), which is currently an ad- 30 mobile and portable radios, 40 grant programs, and improving and hoc committee with little formal direc- pagers, and a base station that could streamlining Federal EMS efforts. The tion. It would require the National become obsolete. In making future de- advisory council is a critical compo- Highway Traffic Safety Administra- cisions regarding spectrum manage- nent of this legislation because it is tion, in coordination with the Depart- ment, the FCC must work with Depart- the channel through which local EMS ment of Homeland Security, to provide ment of Homeland Security and the practitioners can directly impact and organizational and staff support. Department of Justice to help commu- help reform national EMS policy. This legislation would enhance co- nities purchase interoperable radios if I want to thank the American Ambu- ordination among the Federal agencies their old ones become obsolete. lance Association, the Association of involved with the State, local, tribal I am pleased to have the support of Air Medical Services, the Emergency and regional emergency medical serv- Maine EMS, LifeFlight of Maine, the Nurses Association, the National Asso- ices and 9–1–1 systems. It also would American Ambulance Association, the ciation of EMS Physicians, the Na- help Federal agencies coordinate their National Association of EMS Directors, tional Association of State EMS Direc- EMS-related activities and maximize and others for this legislation. tors, and the National Registry of the best use of established funding. We must ensure that Federal agen- EMTs for their support of this bill. I The President has recognized the cies coordinate their efforts to support also want to thank all of those Wiscon- need for this coordination. He included the dedicated men and women who pro- sinites who provided so much helpful a similar proposal in his reauthoriza- vide EMS services across our Nation. I input in coming up with this legisla- tion proposal for the ‘‘Safe, Account- urge my colleagues to join me in sup- tion. In particular, I would like to able, Flexible, and Efficient Transpor- porting their efforts by cosponsoring thank Dr. Marvin Birnbaum of the Uni- tation Equity act of 2003’’ (SAFETEA) this legislation. versity of Wisconsin, Fire Chief Dave that was transmitted by Secretary Mi- Mr. FEINGOLD. Mr. President, I am Bloom of the Town of Madison, and neta to Congress on May 12, 2003. The pleased to join my colleague from Dan Williams, chair of Wisconsin’s Senate-passed highway bill also in- Maine, Senator COLLINS, today to in- EMS advisory board for their advice cluded a similar proposal. troduce legislation that will help im- and guidance. The legislation we introduce today prove and streamline Federal support EMS providers are a critical compo- builds upon the Administration’s pro- for community-based emergency med- nent of our Nation’s first responder posal by creating a more effective ical services. Our proposal will also network. We must act now to stream- structure and enhancing the role of provide an avenue for local officials line and coordinate federal EMS sup- local EMS providers into Federal EMS and EMS providers to help Federal port and work to better understand the programs. While I support the provi- agencies improve existing programs needs of the EMS community. I there- sions in the Senate-passed bill, they and future initiatives. fore ask my colleagues to join me in fail to create a mechanism for individ- Congress has long recognized the im- supporting this legislation. uals at the state and local levels to portant role played by EMS providers. provide input into how Federal EMS However, Federal support for EMS has By Mr. ENSIGN (for himself, Ms. programs should be coordinated. been unfocused and uncoordinated, LANDRIEU, Mr. LIEBERMAN, Mr. Local, State and Federal level emer- with responsibility scattered among a INOUYE, and Ms. COLLINS): gency medical services systems are ex- number of different agencies. In 2001, S. 2352. A bill to prevent the slaugh- tremely diverse and involve numerous the General Accounting Office cited ter of horses in and from the United different agencies and organizations. the need to increase coordination be- States for human consumption by pro- To assure a viable, responsive emer- tween the federal agencies involved hibiting the slaughter of horses for gency medical services system, Federal with EMS issues but not much progress human consumption and by prohibiting agencies need the input and advice of has been made since that report was the trade and transport of horselflesh their non-Federal partners and from issued. The Federal Government and live horses intended for human persons regulating or providing emer- doesn’t even have a good handle on how consumption, and for other purposes;

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2004 CONGRESSIONAL RECORD — SENATE S4433 to the Committee on Agriculture, Nu- claim at all. Recently released figures ness and care that horse owners face trition, and Forestry. show that the number of abuse cases the realities of infirmity, age, or other Mr. ENSIGN. Mr. President, I rise dropped significantly in Illinois after reasons which call for the putting down along with my colleagues, Senators the State’s only horse slaughtering fa- of their animal. However, the current LANDRIEU, LIEBERMAN, INOUYE and COL- cility was destroyed in a fire in 2002. practice of horse slaughter is void of LINS, in order to introduce S. 2352, the Also, since California passed a law ban- the human compassion involved with American Horse Slaughter Prevention ning the slaughter of horses for human appropriate euthanasia. The export of Act. consumption, there has been no dis- horses for slaughter and the slaughter As a veterinarian, I am well aware of cernible increase in cruelty and neglect of horses in the United States by un- the love that Americans have for their cases in the State. skilled and careless workers increase horses. Much of our Nation’s early his- Futhermore, it is currently illegal to the suffering of these animals. These tory and culture is associated with ‘‘turn out,’’ neglect, or starve a horse, slaughter houses appear uninterested these animals. We think of George so this bill will not result in an in- in the welfare of these animals, and Washington’s horses and the legend of crease in the number of orphaned take little note of the objections of the Paul Revere’s ride and the Pony Ex- horses in the United States. If a person millions of Americans who find the press. And more recently, we were re- attempts to turn his or her horses out, consumption of horse flesh to be inap- minded of how the Depression Era race under current law, animal control propriate. between Seabiscuit and War Admiral agents will be able to enforce Federal Throughout the development of this raised the spirit of our Nation. humane laws. As I stated before, this country, the human consumption of While horses in the United States are bill seeks only to prohibit the slaugh- horse flesh has never been a widely ac- not raised for food, last year alone, al- ter of horses for human consumption. cepted activity. This societal taboo is most 50,000 horses were slaughtered in If a person wishes to put an animal undoubtably due to the unique rela- the United States for human consump- down, it costs an average of $50 to $150 tionship enjoyed between mankind and tion abroad. Pet horses, ex-racing to have the horse humanely euthanized horses for thousands of years. Horses horses, workhorses and even some fed- and disposed of—a fraction of what it have tread many steps with American erally protected wild horses are cur- costs to keep a horse as a companion or men and women. They were there in rently being slaughtered for human a work animal. That cost is not too big our work, on our farms, for transpor- consumption in Europe and Asia. A se- a burden to bear when no other options tation and communication, in the ries of recent polls show that Ameri- are available. taming of a vast American frontier, cans overwhelmingly support a ban on The time for a strong Federal law and on every battlefield prior to World the slaughter of horses for human con- banning this practice is now. This bill War II. They have proven themselves sumption. does not target other forms of slaugh- loyal and gentle animals, without Often, owners who sell their horses at ter, rendering, or euthanasia but rath- which the development of our country auction are unaware that their horses er focuses solely on the slaughter of may not have been possible and cer- may well be on their way to one of the American horses for human consump- tainly much more difficult. Horses de- two remaining slaughterhouses in tion. The House version of this bill, mand the basic humane treatment that America where horses are killed for H.R. 857, currently has two hundred co- we should extend to all of God’s crea- human consumption. These slaughter- sponsors. Please join Senator LANDRIEU tures, and above that—our society has houses are foreign owned and the prod- and me in cosponsoring the American developed a heightened sense of respect uct is shipped abroad as are the profits. Horse Slaughter Prevention Act. States have tried to be proactive in Ms. LANDRIEU. Mr. President, today and love for these indispensable ani- preventing this form of slaughter in I join my colleagues in introducing the mals. In modern times, horses have the United States. Several States have American Horse Slaughter Prevention brought joy and entertainment to already enacted state laws prohibiting Act. This bill will prohibit the slaugh- many. Through racing, recreation and the slaughter of horses for human con- ter of horses for human consumption, a even therapy to the handicapped, sumption. Several other States are cur- practice which many Americans oppose horses have touched the lives of many rently considering similar legislation. and of which many more are com- Americans. Clearly, they hold a special However, due to the absence of a Fed- pletely unaware. As a life-long admirer place in our lives and it is for these eral law on this subject, the two exist- of these beautiful and noble animals, I reasons that so many are strongly op- ing foreign-owned slaughterhouses, was shocked to learn that tens of thou- posed to the slaughter of horses in this which happen to be located in Texas— sands of horses are slaughtered and ex- country for human consumption. a State that has passed a law banning ported each year for human consump- I am very encouraged by the leader- horse slaughter for human consump- tion in other countries. Aside from the ship and hard work of Senator ENSIGN, tion—have still been able to operate. fact that there is virtually no demand who is himself a veterinarian. His ex- I know that some people have ex- for the human consumption of horse pertise in this issue has brought many pressed concern about what will hap- flesh in this country, the absence of groups together in support of this leg- pen to horses if slaughter is banned. humane treatment of these horses is islation, and has facilitated under- Many of these horses will be sold to a very disappointing. We must ensure standing of the bill’s provisions. Hav- new owner, others may be kept longer, that this beloved animal is treated in ing garnered broad support in the and still others will be humanely an appropriate manner and that this House of Representatives, I am firmly euthanized by a licensed veterinarian. deplorable act, which many Americans committed to seeing that this bill is Others will be cared for by the horse find unconscionable, is prohibited brought to the attention of all of our rescue community. The American under Federal law. Therefore, I am colleagues here in the Senate. I look Horse Slaughter Prevention Act does proud to join my colleagues as a co- forward to working with Senator EN- allow fines collected under the Act to sponsor of this legislation. I would like SIGN and other colleagues, to ensure be distributed to qualified horse rescue to take this opportunity to highlight a that we address these important issues groups caring for horses confiscated few issues about this important meas- and pass a common sense bill that re- under the Act. ure. flects the desires of many of our con- Some people have questioned wheth- The need for the humane euthanasia stituents, who support the humane er this law will result in the abuse and of horses is a sad reality for all horse treatment of horses and the prohibi- neglect of unwanted horses. Thank- owners. Each horse’s life has inherent tion of their slaughter for human con- fully, statistics do not support this value and it is usually with great sad- sumption.

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4434 CONGRESSIONAL RECORD — SENATE April 27, 2004 SUBMITTED RESOLUTIONS provided bilaterally, through NGO’s, or Whereas, after being isolated for many international organizations. years because of the odious system of apart- f heid, South Africa has since 1994 become a SENATE RESOLUTION 343—CALL- premier location for large international con- ING ON THE GOVERNMENT OF SENATE CONCURRENT RESOLU- ferences, a leading tourist destination, and TION 100—CELEBRATING 10 THE SOCIALIST REPUBLIC OF the locale for numerous films; and YEARS OF MAJORITY RULE IN Whereas, in 1993, the Government of South VIETNAM TO RESPECT ALL UNI- THE REPUBLIC OF SOUTH AFRI- Africa voluntarily halted its biological, VERSALLY RECOGNIZED HUMAN CA AND RECOGNIZING THE MO- chemical, and nuclear weapons programs RIGHTS, INCLUDING THE RIGHT MENTOUS SOCIAL AND ECO- and, in 1994, hosted the first conference in TO FREEDOM OF RELIGION AND NOMIC ACHIEVEMENTS OF Africa on the implementation of the Conven- TO PARTICIPATE IN RELIGIOUS tion on the Prohibition on the Development, SOUTH AFRICA SINCE THE INSTI- ACTIVITIES AND INSTITUTIONS Production, Stockpiling, and Use of Chem- TUTION OF DEMOCRACY IN THAT WITHOUT INTERFERENCE OR IN- ical Weapons and On Their Destruction, with COUNTRY VOLVEMENT OF THE GOVERN- annexes, done at Paris January 13, 1993, and entered into force April 29, 1997: Now, there- MENT; AND TO RESPECT THE Mr. ALEXANDER (for himself, Mr. FEINGOLD, Mr. LUGAR, and Mr. BIDEN) fore, be it HUMAN RIGHTS OF ETHNIC MI- Resolved by the Senate (the House of Rep- NORITY GROUPS IN THE CEN- submitted the following concurrent resentatives concurring), That Congress— TRAL HIGHLANDS AND ELSE- resolution; which was referred to the (1) applauds the Republic of South Africa WHERE IN VIETNAM Committee on Foreign Relations: for the remarkable transition to a demo- S. CON. RES. 100 cratic government and the tremendous Mr. LUGAR (for himself, Mr. KERRY, Whereas the Republic of South Africa progress achieved during 10 years of majority Mr. HAGEL, and Mr. ALLEN) submitted peacefully and successfully held democratic rule; the following resolution; which was re- elections and transitioned to a democratic, (2) looks forward to a continued partner- ferred to the Committee on Foreign nonracial form of government in 1994; ship with South Africa focused on a sus- Relations: Whereas South Africa helped initiate and tained commitment to the health of South frame the New Partnership for Africa’s De- Africans; and S. RES. 343 velopment and continues to head this part- (3) anticipates continued social develop- Calling on the Government of the Socialist nership for development and responsible ment and economic growth in South Africa. Republic of Vietnam to: leadership in Africa; Mr. ALEXANDER. Mr. President, I (A) Respect all universally recognized Whereas South Africa actively supports human rights, including the right to freedom rise today to recognize the 10th anni- the South African Development Community, versary of majority rule in the Repub- of religion and to participate in religious ac- which promotes regional economic coopera- tivities and institutions without interference tion and higher standards of living in South- lic of South Africa and to commend the or involvement of the Government; ern Africa; South African people for the momen- (B) Respect the human rights of ethnic mi- Whereas South Africa has made significant tous social and economic achievements nority groups in the Central Highlands and advances in housing by constructing 1,600,000 they have made since establishing a elsewhere in Vietnam. houses for the poor of South Africa; more inclusive democracy. We all re- Whereas the Government of Vietnam has Whereas, since 1994, 9,000,000 people in member that just ten years ago South discouraged the peaceful expression of dis- South Africa have gained access to clean Africa held its first democratic, non- sent by its citizens through intimidation, water; harassment, and sometimes through impris- racial election on April 27, 1994. This Whereas, before 1994, 22,000,000 people in momentous event, along with the sub- onment, house arrest and other forms of de- South Africa did not have access to adequate tention; sanitation, but 63 percent of households in sequent inauguration of Nelson Whereas Vietnamese Government officials South Africa now have access to adequate Mandela as President, later in May, may travel freely throughout the United sanitation; signaled the death knell of apartheid States; Whereas, before 1994, 60 percent of people and the re-birth of South Africa as a Whereas the Government of Vietnam has in South Africa did not have electricity, but more representative, non-discrimina- failed to adequately address issues of land more than 70 percent of households in South tory democracy. The struggle to end tenure and discrimination in ethnic minority Africa now have electricity; apartheid in South Africa captured the areas of the Central and Northwest High- Whereas, from 1994 to 2004, secondary imagination and garnered the support lands; school enrollment in South Africa increased of millions of peoples worldwide, in- Whereas reports have been received alleg- from 70 percent to 85 percent, and students ing attacks by Vietnamese police and other in South Africa now learn in a racially inte- cluding the people of the United Government representatives against grated school system; States. Montagnards who were engaged in peaceful Whereas the Government of South Africa In August 2003, my wife, Honey, and I Easter week demonstrations pressing for re- has established nutritional and educational spent a few days in South Africa as ligious freedom and the return of ancestral programs to benefit the youngest and poor- part of a Congressional Delegation led lands; est people in South Africa; by our Majority Leader, Senator BILL Whereas Montagnards were reportedly Whereas South Africa is experiencing the FRIST. While there, we toured Robben beaten and reportedly killed by police and longest period of consistent positive growth, Island, the prison island where Nelson other Vietnamese government representa- as measured by its gross domestic product Mandela was jailed for twenty-seven tives during the recent demonstrations; Now, (GDP), since growth in GDP was properly re- therefore, be it corded in the 1940s; years. It was a humbling and inspiring Resolved, That the Senate Whereas F.W. de Klerk and Nelson Mandela experience to walk the grounds and (A) Strongly urges the Government of share a Nobel Peace Prize for their work in know that despite his imprisonment in Vietnam to respect all universally recog- ending apartheid in South Africa and estab- this desolate jail, Mandela could nized human rights; lishing a representative government; emerge without bitterness or hate and (B) Expresses its concern over reports that Whereas Desmond Tutu led the Truth and advocate unity and peaceful change as the Government of Vietnam used excessive Reconciliation Commission to repair injus- he worked with then President F.W. de force to put down recent, peaceful dem- tices among South Africans and improve Klerk to end apartheid and establish a onstrations in Vietnam’s Central Highlands; race relations in the country, and was representative democracy, for which (C) Calls upon the Government of Vietnam awarded a Nobel Peace Prize for his efforts; to allow international organizations and for- Whereas South Africa has contributed efforts both men received the Nobel eign observers ongoing unrestricted access to troops to peacekeeping efforts in Burundi, Prize in 1993. the Central and Northwest Highlands; Liberia, the Democratic Republic of the Traveling through Cape Town, Jo- (D) Calls upon the Government of Vietnam Congo, Ethiopia, and Eritrea; hannesburg, and Soweto, and meeting to allow United States officials to travel Whereas South Africa President Thabo with both white and black South Afri- freely throughout Vietnam including the Mbeki has forged a relationship with Presi- cans reminded me how far South Africa Central and Northwest Highlands areas; dent George W. Bush, making three state has come in its social transformation, (E) Strongly urges the Government of visits to the United States and hosting which has improved the lives of mil- Vietnam to address the concerns of indige- President Bush during his visit to Pretoria, lions. In 1994, 22 million South Africans nous minorities in the Central and North- South Africa; west Highlands of Vietnam, and to permit di- Whereas South Africa has served as an in- did not have access to adequate sanita- rect assistance and development activities spiration for other African nations striving tion and 60 percent of South Africans aimed at improving socioeconomic condi- for democracy and the peaceful cooperation did not have electricity. Now, 63 per- tions for all Highlands residents, whether of many ethnic groups; cent of South African households have

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2004 CONGRESSIONAL RECORD — SENATE S4435 access to sanitation, more than 70 per- heid, and the beginning of majority net Tax Freedom Act (47 U.S.C. 151 note) is cent of households have electricity, rule in that country. I hope my col- amended by striking the second sentence and and 9 million people have gained access leagues will join me in supporting this inserting ‘‘The term ‘Internet access service’ to clean water since 1994. resolution to commemorate that event. does not include telecommunications serv- However, my visit to South Africa ices, except to the extent such services are f purchased, used, or sold by a provider of also underscored that South Africa Internet access to provide Internet access.’’. still faces daunting challenges that AMENDMENTS SUBMITTED AND (2) INTERNET ACCESS.—Section 1104(5) of threaten to undo the gains it has made PROPOSED that Act is amended by striking the second since 1994. First, and foremost, the SA 3048. Mr. MCCAIN proposed an amend- sentence and inserting ‘‘The term ‘Internet most pressing issue facing not only ment to the bill S. 150, to make permanent access’ does not include telecommunications South Africa, but also all of sub-Saha- the moratorium on taxes on Internet access services, except to the extent such services ran Africa, remains HIV/AIDS. The 2003 and multiple and discriminatory taxes on are purchased, used, or sold by a provider of Internet access to provide Internet access.’’. announcement by the Mbeki govern- electronic commerce imposed by the Inter- net Tax Freedom Act. SEC. 3. GRANDFATHERING OF STATES THAT TAX ment that it would soon begin pro- INTERNET ACCESS. viding antiretroviral treatment on a SA 3049. Mrs. HUTCHISON proposed an amendment to amendment SA 3048 proposed The Internet Tax Freedom Act (47 U.S.C. national scale to South Africans living by Mr. MCCAIN to the bill S. 150, supra. 151 note) is amended— with AIDS was an important step. SA 3050. Mr. DASCHLE (for himself, Mr. (1) by redesignating section 1104 as section President Mbeki was slow to come to DURBIN, and Mr. JOHNSON) proposed an 1105; and this decision, and I hope now he will amendment to the bill S. 150, supra . (2) by inserting after section 1103 the fol- move forward with greater commit- SA 3051. Mr. DOMENICI proposed an lowing: ment. The South African government amendment to amendment SA 3050 proposed ‘‘SEC. 1104. GRANDFATHERING OF STATES THAT TAX INTERNET ACCESS. must persevere in combating the chal- by Mr. DASCHLE (for himself, Mr. DURBIN, and Mr. JOHNSON) to the bill S. 150, supra. ‘‘(a) PRE-OCTOBER 1998 TAXES.— lenge of HIV/AIDS by making a strong ‘‘(1) IN GENERAL.—Section 1101(a) does not political commitment and by expand- f apply to a tax on Internet access that was ing its prevention and treatment pro- TEXT OF AMENDMENTS generally imposed and actually enforced grams, such as the impressive ones prior to October 1, 1998, if, before that date, that I visited during my time there. SA 3048. Mr. MCCAIN proposed an the tax was authorized by statute and ei- Also facing South Africa and its amendment to the bill S. 150, to make ther— neighbors is the economic and humani- permanent the moratorium on taxes on ‘‘(A) a provider of Internet access services tarian crisis caused by Robert Internet access and multiple and dis- had a reasonable opportunity to know, by virtue of a rule or other public proclamation Mugabe’s despotic regime in nearby criminatory taxes on electronic com- merce imposed by the Internet Free- made by the appropriate administrative Zimbabwe. I have spoken on this floor agency of the State or political subdivision before to condemn President Mugabe’s dom Act; as follows: thereof, that such agency has interpreted brutal oppression of his own people, Strike out all after the enacting clause and and applied such tax to Internet access serv- and it is imperative that South Africa insert the following: ices; or take a lead role among the inter- SECTION 1. SHORT TITLE. ‘‘(B) a State or political subdivision there- national community in agitating for This Act may be cited as the ‘‘Internet Tax of generally collected such tax on charges for Internet access. real change in practices of the Nondiscrimination Act’’. SEC. 2. FOUR-YEAR EXTENSION OF INTERNET ‘‘(2) TERMINATION.—This subsection shall Zimbabwean government. not apply after November 1, 2006. Nelson Mandela aptly said, ‘‘It is bet- TAX MORATORIUM. (a) IN GENERAL.—Subsection (a) of section ‘‘(b) PRE-NOVEMBER 2003 TAXES.— ter to lead from behind and to put oth- 1101 of the Internet Tax Freedom Act (47 ‘‘(1) IN GENERAL.—Section 1101(a) does not ers in front, especially when you cele- U.S.C. 151 note) is amended to read as fol- apply to a tax on Internet access that was brate victory when nice things occur. lows: generally imposed and actually enforced as You take the front line where there is ‘‘(a) MORATORIUM.—No State or political of November 1, 2003, if, as of that date, the danger. Then people will appreciate subdivision thereof may impose any of the tax was authorized by statute and— ‘‘(A) a provider of Internet access services your leadership.’’ Now is the proper following taxes during the period beginning November 1, 2003, and ending November 1, had a reasonable opportunity to know by vir- time to celebrate the anniversary of tue of a public rule or other public proclama- South Africa’s transition to an inclu- 2007: ‘‘(1) Taxes on Internet access. tion made by the appropriate administrative sive democracy, and we all look for- ‘‘(2) Multiple or discriminatory taxes on agency of the State or political subdivision ward to South Africa taking a stronger electronic commerce.’’. thereof, that such agency has interpreted leadership role on the front lines (b) CONFORMING AMENDMENTS.— and applied such tax to Internet access serv- against the twin dangers of HIV/AIDS (1) Section 1101 of the Internet Tax Free- ices; and in Sub-Saharan Africa and the oppres- dom Act (47 U.S.C. 151 note) is amended by ‘‘(B) a State or political subdivision there- striking subsection (d) and redesignating of generally collected such tax on charges for sive regime of Robert Mugabe. Internet access. To that end, today I submit a resolu- subsections (e) and (f) as subsections (d) and (e), respectively. ‘‘(2) TERMINATION.—This subsection shall tion to commemorate this important not apply after November 1, 2005.’’. event. I’m proud to be joined in this ef- (2) Section 1104(10) of the Internet Tax Freedom Act (47 U.S.C. 151 note) is amended SEC. 4. ACCOUNTING RULE. fort by Senator FEINGOLD, the ranking to read as follows: The Internet Tax Freedom Act (47 U.S.C. member of the Subcommittee on Africa ‘‘(10) TAX ON INTERNET ACCESS.— 151 note) is amended by adding at the end the Affairs, which I chair, Senator LUGAR, ‘‘(A) IN GENERAL.—The term ‘tax on Inter- following: the Chairman of the Foreign Relations net access’ means a tax on Internet access, ‘‘SEC. 1106. ACCOUNTING RULE. Committee, and Senator BIDEN, the regardless of whether such tax is imposed on ‘‘(a) IN GENERAL.—If charges for Internet Ranking Member of the Foreign Rela- a provider of Internet access or a buyer of access are aggregated with and not sepa- tions Committee. Senator FEINGOLD Internet access and regardless of the termi- rately stated from charges for telecommuni- has been an active leader on African nology used to describe the tax. cations services or other charges that are ‘‘(B) GENERAL EXCEPTION.—The term ‘tax subject to taxation, then the charges for issues throughout his tenure in the on Internet access’ does not include a tax Internet access may be subject to taxation Senate, and I have been privileged to levied upon or measured by net income, cap- unless the Internet access provider can rea- serve with him on our Subcommittee. ital stock, net worth, or property value.’’. sonably identify the charges for Internet ac- Chairman LUGAR and Senator BIDEN (3) Section 1104(2)(B)(i) of the Internet Tax cess from its books and records kept in the were both leaders on the issue of sanc- Freedom Act (47 U.S.C. 151 note) is amended regular course of business. tions against the apartheid regime of by striking ‘‘except with respect to a tax (on ‘‘(b) DEFINITIONS.—In this section: South Africa in the 1980’s and early Internet access) that was generally imposed ‘‘(1) CHARGES FOR INTERNET ACCESS.—The ’90’s. I hope they feel a sense of satis- and actually enforced prior to October 1, term ‘charges for Internet access’ means all 1998,’’. charges for Internet access as defined in sec- faction, today, in celebrating ten years (c) INTERNET ACCESS SERVICE; INTERNET tion 1105(5). of successful majority rule since the ACCESS.— ‘‘(2) CHARGES FOR TELECOMMUNICATIONS peaceful end of that regime. (1) INTERNET ACCESS SERVICE.—Paragraph SERVICES.—The term ‘charges for tele- Today is Freedom Day in South Afri- (3)(D) of section 1101(d) (as redesignated by communications services’ means all charges ca, a day to celebrate the end of apart- subsection (b)(1) of this section) of the Inter- for telecommunications services, except to

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4436 CONGRESSIONAL RECORD — SENATE April 27, 2004 the extent such services are purchased, used, an amendment to the bill S. 150, to under clause (i), the percentage of renewable or sold by a provider of Internet access to make permanent the moratorium on fuel in gasoline sold or dispensed to con- provide Internet access.’’. taxes on Internet access and multiple sumers in the United States, on a volume SEC. 5. EFFECT ON OTHER LAWS. and discriminatory taxes on electronic basis, shall be 1.8 percent for calendar year 2005. The Internet Tax Freedom Act (47 U.S.C. commerce imposed by the Internet Tax ‘‘(B) APPLICABLE VOLUME.— 151 note), as amended by section 4, is amend- Freedom Act; as follows: ed by adding at the end the following: ‘‘(i) CALENDAR YEARS 2005 THROUGH 2012.— At the end, add the following: ‘‘SEC. 1107. EFFECT ON OTHER LAWS. For the purpose of subparagraph (A), the ap- plicable volume for any of calendar years ‘‘(a) Universal Service.—Nothing in this TITLEll—FUELS 2005 through 2012 shall be determined in ac- Act shall prevent the imposition or collec- Subtitle A—General Provisions Relating to cordance with the following table: tion of any fees or charges used to preserve Renewable Fuels and advance Federal universal service or SEC. ll01. RENEWABLE CONTENT OF GASOLINE. Applicable volume of similar State programs— (a) IN GENERAL.—Section 211 of the Clean ‘‘Calendar year: renewable fuel ‘‘(1) authorized by section 254 of the Com- Air Act (42 U.S.C. 7545) is amended— (in billions of munications Act of 1934 (47 U.S.C. 254); or (1) by redesignating subsection (o) as sub- gallons): ‘‘(2) in effect on February 8, 1996. section (r); and 2005 ...... 3.1 ‘‘(b) 911 AND E–911 SERVICES.—Nothing in (2) by inserting after subsection (n) the fol- 2006 ...... 3.3 this Act shall prevent the imposition or col- lowing: 2007 ...... 3.5 lection, on a service used for access to 911 or ‘‘(o) RENEWABLE FUEL PROGRAM.— 2008 ...... 3.8 E–911 services, of any fee or charge specifi- ‘‘(1) DEFINITIONS.—In this section: 2009 ...... 4.1 cally designated or presented as dedicated by ‘‘(A) CELLULOSIC BIOMASS ETHANOL.—The 2010 ...... 4.4 a State or political subdivision thereof for term ‘cellulosic biomass ethanol’ means eth- 2011 ...... 4.7 the support of 911 or E–911 services if no por- anol derived from any lignocellulosic or 2012 ...... 5.0. tion of the revenue derived from such fee or hemicellulosic matter that is available on a ‘‘(ii) CALENDAR YEAR 2013 AND THERE- charge is obligated or expended for any pur- renewable or recurring basis, including— AFTER.—For the purpose of subparagraph (A), pose other than support of 911 or E–911 serv- ‘‘(i) dedicated energy crops and trees; the applicable volume for calendar year 2013 ices. ‘‘(ii) wood and wood residues; and each calendar year thereafter shall be ‘‘(c) NON-TAX REGULATORY PROCEEDINGS.— ‘‘(iii) plants; equal to the product obtained by multi- Nothing in this Act shall be construed to af- ‘‘(iv) grasses; plying— fect any Federal or State regulatory pro- ‘‘(v) agricultural residues; ‘‘(I) the number of gallons of gasoline that ceeding that is not related to taxation.’’. ‘‘(vi) fibers; the Administrator estimates will be sold or SEC. 6. EXCEPTION FOR VOICE AND OTHER SERV- ‘‘(vii) animal wastes and other waste mate- introduced into commerce in the calendar ICES OVER THE INTERNET. rials; and year; and The Internet Tax Freedom Act (47 U.S.C. ‘‘(viii) municipal solid waste. ‘‘(II) the ratio that— 151 note), as amended by section 5, is amend- ‘‘(B) RENEWABLE FUEL.— ‘‘(aa) 5,000,000,000 gallons of renewable fuel; ed by adding at the end the following: ‘‘(i) IN GENERAL.—The term ‘renewable bears to fuel’ means motor vehicle fuel that— ‘‘(bb) the number of gallons of gasoline ‘‘SEC. 1108. EXCEPTION FOR VOICE AND OTHER SERVICES OVER THE INTERNET. ‘‘(I)(aa) is produced from grain, starch, oil- sold or introduced into commerce in cal- ‘‘Nothing in this Act shall be construed to seeds, or other biomass; or endar year 2012. affect the imposition of tax on a charge for ‘‘(bb) is natural gas produced from a biogas ‘‘(3) APPLICABLE PERCENTAGES.— voice or any other service utilizing Internet source, including a landfill, sewage waste ‘‘(A) PROVISION OF ESTIMATE OF VOLUMES OF Protocol or any successor protocol. This sec- treatment plant, feedlot, or other place GASOLINE SALES.—Not later than October 31 tion shall not apply to Internet access or to where decaying organic material is found; of each of calendar years 2004 through 2011, any services that are incidental to Internet and the Administrator of the Energy Information access, such as e-mail, text instant mes- ‘‘(II) is used to replace or reduce the quan- Administration shall provide to the Adminis- saging, and instant messaging with voice ca- tity of fossil fuel present in a fuel mixture trator of the Environmental Protection pability.’’. used to operate a motor vehicle. Agency an estimate of the volumes of gaso- ‘‘(ii) INCLUSION.—The term ‘renewable fuel’ line sold or introduced into commerce in the SEC. 7. EFFECTIVE DATE. includes— United States during the following calendar The amendments made by this Act take ef- ‘‘(I) cellulosic biomass ethanol; and year. fect on November 1, 2003. ‘‘(II) biodiesel (as defined in section 312(f) ‘‘(B) DETERMINATION OF APPLICABLE PER- of the Energy Policy Act of 1992 (42 U.S.C. CENTAGES.— Mrs. HUTCHISON proposed SA 3049. 13220(f))). ‘‘(i) IN GENERAL.—Not later than November an amendment to amendment SA 3048 ‘‘(C) SMALL REFINERY.—The term ‘small re- 30 of each of calendar years 2005 through 2012, proposed by Mr. MCCAIN to the bill S. finery’ means a refinery for which the aver- based on the estimate provided under sub- 150, to make permanent the morato- age aggregate daily crude oil throughput for paragraph (A), the Administrator of the En- rium on taxes on Internet access and a calendar year (as determined by dividing vironmental Protection Agency shall deter- multiple and discriminatory taxes on the aggregate throughput for the calendar mine and publish in the Federal Register, electronic commerce imposed by the year by the number of days in the calendar with respect to the following calendar year, Internet Tax Freedom Act; as follows: year) does not exceed 75,000 barrels. the renewable fuel obligation that ensures ‘‘(2) RENEWABLE FUEL PROGRAM.— that the requirements of paragraph (2) are At the appropriate place, insert the fol- ‘‘(A) REGULATIONS.— met. lowing: ‘‘(i) IN GENERAL.—Not later than 1 year ‘‘(ii) REQUIRED ELEMENTS.—The renewable SEC. ll. CHANGE IN DEFINITION OF INTERNET after the date of enactment of this para- fuel obligation determined for a calendar ACCESS SERVICE. graph, the Administrator shall promulgate year under clause (i) shall— Paragraph (10) of section 1105 of the Inter- regulations to ensure that gasoline sold or ‘‘(I) be applicable to refiners, blenders, and net Tax Freedom Act, as redesignated by introduced into commerce in the United importers, as appropriate; this Act, is amended— States (except in Alaska and Hawaii), on an ‘‘(II) be expressed in terms of a volume per- (1) by striking ‘‘The term’’ and inserting annual average basis, contains the applicable centage of gasoline sold or introduced into the following: volume of renewable fuel determined in ac- commerce; and ‘‘(A) IN GENERAL.—The term’’; and cordance with subparagraph (B). ‘‘(III) subject to subparagraph (C)(i), con- (2) by adding at the end the following: ‘‘(ii) PROVISIONS OF REGULATIONS.—Regard- sist of a single applicable percentage that ‘‘(B) GENERAL EXCEPTION.—The term does less of the date of promulgation, the regula- applies to all categories of persons specified not— tions promulgated under clause (i)— in subclause (I). ‘‘(i) include a tax levied upon or measured ‘‘(I) shall contain compliance provisions ‘‘(C) ADJUSTMENTS.—In determining the by net income, capital stock, net worth, or applicable to refiners, blenders, distributors, applicable percentage for a calendar year, property value; or and importers, as appropriate, to ensure that the Administrator shall make adjustments— ‘‘(ii) apply to any payment made for use of the requirements of this paragraph are met; ‘‘(i) to prevent the imposition of redundant the public right-of-way or made in lieu of a but obligations on any person specified in sub- fee for use of the public right-of-way, how- ‘‘(II) shall not— paragraph (B)(ii)(I); and ever it may be denominated, including but ‘‘(aa) restrict cases in geographic areas in ‘‘(ii) to account for the use of renewable not limited to an access line fee, franchise which renewable fuel may be used; or fuel during the previous calendar year by fee, license fee, or gross receipts or gross rev- ‘‘(bb) impose any per-gallon obligation for small refineries that are exempt under para- enue fee.’’. the use of renewable fuel. graph (9). ‘‘(iii) REQUIREMENT IN CASE OF FAILURE TO ‘‘(4) CELLULOSIC BIOMASS ETHANOL.—For SA 3050. Mr. DASCHLE (for himself, PROMULGATE REGULATIONS.—If the Adminis- the purpose of paragraph (2), 1 gallon of cel- Mr. DURBIN, and Mr. JOHNSON) proposed trator does not promulgate regulations lulosic biomass ethanol—

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2004 CONGRESSIONAL RECORD — SENATE S4437 ‘‘(A) shall be considered to be the equiva- ‘‘(ii) January through March and October fuel is increased under paragraph (2)(B), lent of 1.5 gallons of renewable fuel; or through December. whether the requirement of paragraph (2), in- ‘‘(B) if the cellulosic biomass is derived ‘‘(E) EXCLUSION.—Renewable fuel blended cluding the applicable volume of renewable from agricultural residue, shall be consid- or consumed in calendar year 2005 in a State fuel contained in paragraph (2)(B) should re- ered to be the equivalent of 2.5 gallons of re- that has received a waiver under section main in effect, in whole or in part, during newable fuel. 209(b) shall not be included in the study 2007 or any subsequent year. ‘‘(5) CREDIT PROGRAM.— under subparagraph (A). ‘‘(B) CONSIDERATIONS.—In evaluating the ‘‘(A) IN GENERAL.—The regulations promul- ‘‘(7) WAIVERS.— requirement of paragraph (2) and in making gated under paragraph (2)(A) shall provide— ‘‘(A) IN GENERAL.—The Administrator, in any determination under this paragraph, the ‘‘(i) for the generation of an appropriate consultation with the Secretary of Agri- Administrator shall consider the best avail- amount of credits by any person that refines, culture and the Secretary of Energy, may able information and data collected by ac- blends, or imports gasoline that contains a waive the requirements of paragraph (2) in cepted methods or best available means re- whole or in part on petition by 1 or more quantity of renewable fuel that is greater garding— States by reducing the national quantity of than the quantity required under paragraph ‘‘(i) the capacity of renewable fuel pro- renewable fuel required under paragraph (2); ducers to supply an adequate amount of re- ‘‘(ii) for the generation of an appropriate (2)— ‘‘(i) based on a determination by the Ad- newable fuel at competitive prices to fulfill amount of credits for biodiesel; and the requirement of paragraph (2); ‘‘(iii) for the generation of credits by small ministrator, after public notice and oppor- tunity for comment, that implementation of ‘‘(ii) the potential of the requirement of refineries in accordance with paragraph the requirement would severely harm the paragraph (2) to raise significantly the price (9)(C). economy or environment of a State, a re- of gasoline, food (excluding the net price im- ‘‘(B) USE OF CREDITS.—A person that gen- gion, or the United States; or pact on the requirement in paragraph (2) on erates credits under subparagraph (A) may ‘‘(ii) based on a determination by the Ad- commodities used in the production of eth- use the credits, or transfer all or a portion of ministrator, after public notice and oppor- anol), or heating oil for consumers in any the credits to another person, for the pur- tunity for comment, that there is an inad- significant region of the country above the pose of complying with paragraph (2). equate domestic supply or distribution ca- price that would otherwise apply to those ‘‘(C) DURATION OF CREDITS.—A credit gen- pacity to meet the requirement. commodities in the absence of the require- erated under this paragraph shall be valid to ‘‘(B) PETITIONS FOR WAIVERS.—The Admin- ment; show compliance— istrator, in consultation with the Secretary ‘‘(iii) the potential of the requirement of ‘‘(i) subject to clause (ii), for the calendar of Agriculture and the Secretary of Energy, paragraph (2) to interfere with the supply of year in which the credit was generated or shall approve or disapprove a State petition fuel in any significant gasoline market or re- the following calendar year; or for a waiver of the requirements of para- gion of the country, including interference ‘‘(ii) if the Administrator promulgates reg- graph (2) within 90 days after the date on with the efficient operation of refiners, ulations under paragraph (6), for the cal- which the petition is received by the Admin- blenders, importers, wholesale suppliers, and endar year in which the credit was generated istrator. retail vendors of gasoline and other motor or any of the following 2 calendar years. ‘‘(C) TERMINATION OF WAIVERS.—A waiver fuels; and ‘‘(D) INABILITY TO GENERATE OR PURCHASE granted under subparagraph (A) shall termi- ‘‘(iv) the potential of the requirement of SUFFICIENT CREDITS.—The regulations pro- nate after 1 year, but may be renewed by the paragraph (2) to cause or promote mulgated under paragraph (2)(A) shall in- Administrator after consultation with the exceedances of Federal, State, or local air clude provisions allowing any person that is Secretary of Agriculture and the Secretary quality standards. unable to generate or purchase sufficient of Energy. ‘‘(C) WAIVER.—If the Administrator deter- credits to meet the requirements of para- ‘‘(8) STUDY AND WAIVER FOR INITIAL YEAR OF mines, by clear and convincing information, graph (2) to carry forward a renewable fuel PROGRAM.— after public notice and opportunity for com- deficit on condition that the person, in the ‘‘(A) IN GENERAL.—Not later than 180 days ment, that the requirement of paragraph (2) calendar year following the year in which after the date of enactment of this para- would have significant and meaningful ad- the renewable fuel deficit is created— graph, the Secretary of Energy shall conduct verse impact on the supply of fuel and re- ‘‘(i) achieves compliance with the renew- for the Administrator a study assessing lated infrastructure or on the economy, pub- able fuel requirement under paragraph (2); whether the renewable fuel requirement lic health, or environment of any significant and under paragraph (2) will likely result in sig- area or region of the country, the Adminis- ‘‘(ii) generates or purchases additional re- nificant adverse impacts on consumers in trator may waive, in whole or in part, the re- newable fuel credits to offset the renewable 2005, on a national, regional, or State basis. quirement of paragraph (2) in any 1 year for fuel deficit of the previous year. ‘‘(B) REQUIRED EVALUATIONS.—The study which the determination is made for that ‘‘(6) SEASONAL VARIATIONS IN RENEWABLE shall evaluate renewable fuel— area or region of the country, except that FUEL USE.— ‘‘(i) supplies and prices; any such waiver shall not have the effect of ‘‘(A) STUDY.—For each of calendar years ‘‘(ii) blendstock supplies; and reducing the applicable volume of renewable 2005 through 2012, the Administrator of the ‘‘(iii) supply and distribution system capa- fuel specified in paragraph (2)(B) with re- Energy Information Administration shall bilities. spect to any year for which the determina- conduct a study of renewable fuel blending ‘‘(C) RECOMMENDATIONS BY THE SEC- tion is made. to determine whether there are excessive RETARY.—Based on the results of the study, seasonal variations in the use of renewable the Secretary of Energy shall make specific ‘‘(D) ECONOMIC IMPACT.—In determining fuel. recommendations to the Administrator con- economic impact under this paragraph, the ‘‘(B) REGULATION OF EXCESSIVE SEASONAL cerning waiver of the requirements of para- Administrator shall not consider the reduced VARIATIONS.—If, for any calendar year, the graph (2), in whole or in part, to prevent any revenues available from the Highway Trust Administrator of the Energy Information adverse impacts described in subparagraph Fund as a result of the use of ethanol. Administration, based on the study under (A). ‘‘(10) SMALL REFINERIES.— subparagraph (A), makes the determinations ‘‘(D) WAIVER.— ‘‘(A) TEMPORARY EXEMPTION.— specified in subparagraph (C), the Adminis- ‘‘(i) IN GENERAL.—Not later than 270 days ‘‘(i) IN GENERAL.—The requirements of trator of the Environmental Protection after the date of enactment of this para- paragraph (2) shall not apply to small refin- Agency shall promulgate regulations to en- graph, the Administrator shall, if and to the eries until calendar year 2011. sure that 35 percent or more of the quantity extent recommended by the Secretary of En- ‘‘(ii) EXTENSION OF EXEMPTION.— of renewable fuel necessary to meet the re- ergy under subparagraph (C), waive, in whole ‘‘(I) STUDY BY SECRETARY OF ENERGY.—Not quirements of paragraph (2) is used during or in part, the renewable fuel requirement later than December 31, 2007, the Secretary each of the 2 periods specified in subpara- under paragraph (2) by reducing the national of Energy shall conduct for the Adminis- graph (D) of each subsequent calendar year. quantity of renewable fuel required under trator a study to determine whether compli- ‘‘(C) DETERMINATIONS.—The determina- paragraph (2) in calendar 2005. ance with the requirements of paragraph (2) tions referred to in subparagraph (B) are ‘‘(ii) NO EFFECT ON WAIVER AUTHORITY.— would impose a disproportionate economic that— Clause (i) does not limit the authority of the hardship on small refineries. ‘‘(i) less than 35 percent of the quantity of Administrator to waive the requirements of ‘‘(II) EXTENSION OF EXEMPTION.—In the case renewable fuel necessary to meet the re- paragraph (2) in whole, or in part, under of a small refinery that the Secretary of En- quirements of paragraph (2) has been used paragraph (7). ergy determines under subclause (I) would be during 1 of the 2 periods specified in subpara- ‘‘(9) ASSESSMENT AND WAIVER.— subject to a disproportionate economic hard- graph (D) of the calendar year; and ‘‘(A) IN GENERAL.—The Administrator, in ship if required to comply with paragraph ‘‘(ii) a pattern of excessive seasonal vari- consultation with the Secretary of Energy (2), the Administrator shall extend the ex- ation described in clause (i) will continue in and the Secretary of Agriculture, shall emption under clause (i) for the small refin- subsequent calendar years. evaluate the requirement of paragraph (2) ery for a period of not less than 2 additional ‘‘(D) PERIODS.—The 2 periods referred to in and determine, before January 1, 2007, and years. this paragraph are— before January 1 of any subsequent year in ‘‘(B) PETITIONS BASED ON DISPROPORTIONATE ‘‘(i) April through September; and which the applicable volume of renewable ECONOMIC HARDSHIP.—

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‘‘(i) EXTENSION OF EXEMPTION.—A small re- offered for supply, transported, or introduced ‘‘(B) RELIANCE ON EXISTING REQUIRE- finery may at any time petition the Admin- into commerce in the area during the high MENTS.—To avoid duplicative requirements, istrator for an extension of the exemption ozone season. in carrying out subparagraph (A), the Ad- under subparagraph (A) for the reason of dis- ‘‘(B) DEADLINE FOR PROMULGATION.—The ministrator shall rely, to the maximum ex- proportionate economic hardship. Administrator shall promulgate regulations tent practicable, on reporting and record- ‘‘(ii) EVALUATION OF PETITIONS.—In evalu- under subparagraph (A) not later than 90 keeping requirements in effect on the date of ating a petition under clause (i), the Admin- days after the date of receipt of a notifica- enactment of this section. istrator, in consultation with the Secretary tion from a Governor under that subpara- ‘‘(3) CONFIDENTIALITY.—Activities carried of Energy, shall consider the findings of the graph. out under this subsection shall be conducted study under subparagraph (A)(ii) and other ‘‘(C) EFFECTIVE DATE.— in a manner designed to protect confiden- economic factors. ‘‘(i) IN GENERAL.—With respect to an area tiality of individual responses. ‘‘(iii) DEADLINE FOR ACTION ON PETITIONS.— in a State for which the Governor submits a ‘‘(c) COMMERCIAL BYPRODUCTS FROM MUNIC- The Administrator shall act on any petition notification under subparagraph (A), the reg- IPAL SOLID WASTE LOAN GUARANTEE PRO- submitted by a small refinery for a hardship ulations under that subparagraph shall take GRAM.— exemption not later than 90 days after the effect on the later of— ‘‘(1) ESTABLISHMENT OF PROGRAM.—The date of receipt of the petition. ‘‘(I) the first day of the first high ozone Secretary shall establish a program to pro- ‘‘(C) CREDIT PROGRAM.—If a small refinery season for the area that begins after the date vide guarantees of loans by private institu- notifies the Administrator that the small re- of receipt of the notification; or tions for the construction of facilities for the finery waives the exemption under subpara- ‘‘(II) 1 year after the date of receipt of the processing and conversion of municipal solid graph (A), the regulations promulgated notification. waste into fuel ethanol and other commer- under paragraph (2)(A) shall provide for the ‘‘(ii) EXTENSION OF EFFECTIVE DATE BASED cial byproducts. ‘‘(2) REQUIREMENTS.—The Secretary may generation of credits by the small refinery ON DETERMINATION OF INSUFFICIENT SUPPLY.— provide a loan guarantee under paragraph (1) under paragraph (5) beginning in the cal- ‘‘(I) IN GENERAL.—If, after receipt of a noti- endar year following the date of notification. fication with respect to an area from a Gov- to an applicant if— ‘‘(D) OPT-IN FOR SMALL REFINERIES.—A ernor of a State under subparagraph (A), the ‘‘(A) without a loan guarantee, credit is small refinery shall be subject to the re- Administrator determines, on the Adminis- not available to the applicant under reason- able terms or conditions sufficient to finance quirements of paragraph (2) if the small re- trator’s own motion or on petition of any the construction of a facility described in finery notifies the Administrator that the person and after consultation with the Sec- paragraph (1); small refinery waives the exemption under retary of Energy, that the promulgation of ‘‘(B) the prospective earning power of the subparagraph (A). regulations described in subparagraph (A) applicant and the character and value of the ‘‘(11) ETHANOL MARKET CONCENTRATION would result in an insufficient supply of gas- security pledged provide a reasonable assur- ANALYSIS.— oline in the State, the Administrator, by ance of repayment of the loan to be guaran- ‘‘(A) ANALYSIS.— regulation— teed in accordance with the terms of the ‘‘(i) IN GENERAL.—Not later than 180 days ‘‘(aa) shall extend the effective date of the loan; and after the date of enactment of this para- regulations under clause (i) with respect to graph, and annually thereafter, the Federal ‘‘(C) the loan bears interest at a rate deter- the area for not more than 1 year; and Trade Commission shall perform a market mined by the Secretary to be reasonable, ‘‘(bb) may renew the extension under item concentration analysis of the ethanol pro- taking into account the current average (aa) for 2 additional periods, each of which duction industry using the Herfindahl- yield on outstanding obligations of the shall not exceed 1 year. Hirschman Index to determine whether there United States with remaining periods of ma- ‘‘(II) DEADLINE FOR ACTION ON PETITIONS.— is sufficient competition among industry turity comparable to the maturity of the The Administrator shall act on any petition participants to avoid price-setting and other loan. submitted under subclause (I) not later than anticompetitive behavior. ‘‘(4) CRITERIA.—In selecting recipients of 180 days after the date of receipt of the peti- ‘‘(ii) SCORING.—For the purpose of scoring loan guarantees from among applicants, the tion.’’. under clause (i) using the Herfindahl- Secretary shall give preference to proposals Hirschman Index, all marketing arrange- SEC. ll02. RENEWABLE FUEL. that— ments among industry participants shall be (a) IN GENERAL.—The Clean Air Act is ‘‘(A) meet all applicable Federal and State considered. amended by inserting after section 211 (42 permitting requirements; U.S.C. 7411) the following: ‘‘(B) REPORT.—Not later than December 1, ‘‘(B) are most likely to be successful; and 2004, and annually thereafter, the Federal ‘‘SEC. 212. RENEWABLE FUEL. ‘‘(C) are located in local markets that have Trade Commission shall submit to Congress ‘‘(a) DEFINITIONS.—In this section: the greatest need for the facility because and the Administrator a report on the re- ‘‘(1) MUNICIPAL SOLID WASTE.—The term of— sults of the market concentration analysis ‘municipal solid waste’ has the meaning ‘‘(i) the limited availability of land for performed under subparagraph (A)(i).’’. given the term ‘solid waste’ in section 1004 of waste disposal; or (b) PENALTIES AND ENFORCEMENT.—Section the Solid Waste Disposal Act (42 U.S.C. 6903). ‘‘(ii) a high level of demand for fuel eth- 211(d) of the Clean Air Act (42 U.S.C. 7545(d)) ‘‘(2) RFG STATE.—The term ‘RFG State’ anol or other commercial byproducts of the is amended— means a State in which is located 1 or more facility. (1) in paragraph (1)— covered areas (as defined in section ‘‘(5) MATURITY.—A loan guaranteed under (A) in the first sentence, by striking ‘‘or 211(k)(10)(D)). paragraph (1) shall have a maturity of not (n)’’ each place it appears and inserting ‘‘(n), ‘‘(3) SECRETARY.—The term ‘Secretary’ more than 20 years. or (o)’’; and means the Secretary of Energy. ‘‘(6) TERMS AND CONDITIONS.—The loan (B) in the second sentence, by striking ‘‘or ‘‘(b) SURVEY OF RENEWABLE FUEL MAR- agreement for a loan guaranteed under para- (m)’’ and inserting ‘‘(m), or (o)’’; and KET.— graph (1) shall provide that no provision of (2) in the first sentence of paragraph (2), by ‘‘(1) SURVEY AND REPORT.—Not later than the loan agreement may be amended or striking ‘‘and (n)’’ each place it appears and December 1, 2006, and annually thereafter, waived without the consent of the Secretary. inserting ‘‘(n), and (o)’’. the Administrator shall— ‘‘(7) ASSURANCE OF REPAYMENT.—The Sec- (c) EXCLUSION FROM ETHANOL WAIVER.— ‘‘(A) conduct, with respect to each conven- retary shall require that an applicant for a Section 211(h) of the Clean Air Act (42 U.S.C. tional gasoline use area and each reformu- loan guarantee under paragraph (1) provide 7545(h)) is amended— lated gasoline use area in each State, a sur- an assurance of repayment in the form of a (1) by redesignating paragraph (5) as para- vey to determine the market shares of— performance bond, insurance, collateral, or graph (6); and ‘‘(i) conventional gasoline containing eth- other means acceptable to the Secretary in (2) by inserting after paragraph (4) the fol- anol; an amount equal to not less than 20 percent lowing: ‘‘(ii) reformulated gasoline containing eth- of the amount of the loan. ‘‘(5) EXCLUSION FROM ETHANOL WAIVER.— anol; ‘‘(8) GUARANTEE FEE.—The recipient of a ‘‘(A) PROMULGATION OF REGULATIONS.— ‘‘(iii) conventional gasoline containing re- loan guarantee under paragraph (1) shall pay Upon notification, accompanied by sup- newable fuel; and the Secretary an amount determined by the porting documentation, from the Governor ‘‘(iv) reformulated gasoline containing re- Secretary to be sufficient to cover the ad- of a State that the Reid vapor pressure limi- newable fuel; and ministrative costs of the Secretary relating tation established by paragraph (4) will in- ‘‘(B) submit to Congress, and make pub- to the loan guarantee. crease emissions that contribute to air pollu- licly available, a report on the results of the ‘‘(9) FULL FAITH AND CREDIT.— tion in any area in the State, the Adminis- survey under subparagraph (A). ‘‘(A) IN GENERAL.—The full faith and credit trator shall, by regulation, apply, in lieu of ‘‘(2) RECORDKEEPING AND REPORTING RE- the United States is pledged to the payment the Reid vapor pressure limitation estab- QUIREMENTS.— of all guarantees made under this subsection. lished by paragraph (4), the Reid vapor pres- ‘‘(A) IN GENERAL.—The Administrator may ‘‘(B) CONCLUSIVE EVIDENCE.—Any guarantee sure limitation established by paragraph (1) require any refiner, blender, or importer to made by the Secretary under this subsection to all fuel blends containing gasoline and 10 keep such records and make such reports as shall be conclusive evidence of the eligibility percent denatured anhydrous ethanol that are necessary to ensure that the survey con- of the loan for the guarantee with respect to are sold, offered for sale, dispensed, supplied, ducted under paragraph (1) is accurate. principal and interest.

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‘‘(C) VALIDITY.—The validity of the guar- ‘‘(m) SURVEY OF RENEWABLE FUELS CON- ‘‘SEC. 9011. AUTHORIZATION OF APPROPRIA- antee shall be incontestable in the hands of SUMPTION.— TIONS. a holder of the guaranteed loan. ‘‘(1) IN GENERAL.—In order to improve the ‘‘In addition to amounts made available ‘‘(10) REPORTS.—Until each guaranteed ability to evaluate the effectiveness of the under section 2007(f), there are authorized to loan under this subsection has been repaid in Nation’s renewable fuels mandate, the Ad- be appropriated from the Leaking Under- full, the Secretary shall annually submit to ministrator shall conduct and publish the re- ground Storage Tank Trust Fund, notwith- Congress a report on the activities of the sults of a survey of renewable fuels consump- standing section 9508(c)(1) of the Internal Secretary under this subsection. tion in the motor vehicle fuels market in the Revenue Code of 1986— ‘‘(11) AUTHORIZATION OF APPROPRIATIONS.— United States monthly, and in a manner de- ‘‘(1) to carry out section 9003(h)(12), There are authorized to be appropriated such signed to protect the confidentiality of indi- $200,000,000 for fiscal year 2003, to remain sums as are necessary to carry out this sub- vidual responses. available until expended; and section. ‘‘(2) ELEMENTS OF SURVEY.—In conducting ‘‘(2) to carry out section 9010— ‘‘(12) TERMINATION OF AUTHORITY.—The au- the survey, the Administrator shall collect ‘‘(A) $50,000,000 for fiscal year 2003; and thority of the Secretary to issue a new loan information retrospectively to 1998, on a na- ‘‘(B) $30,000,000 for each of fiscal years 2004 guarantee under paragraph (1) terminates on tional basis and a regional basis, including— through 2008.’’. the date that is 10 years after the date of en- ‘‘(A) the quantity of renewable fuels pro- (c) TECHNICAL AMENDMENTS.—(1) Section actment of this section. duced; 1001 of the Solid Waste Disposal Act (42 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS ‘‘(B) the cost of production; U.S.C. prec. 6901) is amended by striking the FOR RESOURCE CENTER.—There is authorized ‘‘(C) the cost of blending and marketing; item relating to section 9010 and inserting to be appropriated, for a resource center to ‘‘(D) the quantity of renewable fuels blend- the following: further develop bioconversion technology ed; ‘‘Sec. 9010. Release prevention and compli- using low-cost biomass for the production of ‘‘(E) the quantity of renewable fuels im- ance. ethanol at the Center for Biomass-Based En- ported; and ‘‘Sec. 9011. Authorization of appropria- ergy at the University of Mississippi and the ‘‘(F) market price data.’’. tions.’’. University of Oklahoma, $4,000,000 for each of (2) Section 9001(3)(A) of the Solid Waste Subtitle B—Federal Reformulated Fuels fiscal years 2004 through 2006. Disposal Act (42 U.S.C. 6991(3)(A)) is amended ‘‘(e) RENEWABLE FUEL PRODUCTION RE- SEC. ll11. SHORT TITLE. by striking ‘‘sustances’’ and inserting ‘‘sub- SEARCH AND DEVELOPMENT GRANTS.— stances’’. This subtitle may be cited as the ‘‘Federal (3) Section 9003(f)(1) of the Solid Waste Dis- ‘‘(1) IN GENERAL.—The Administrator shall Reformulated Fuels Act of 2004’’. provide grants for the research into, and de- posal Act (42 U.S.C. 6991b(f)(1)) is amended by velopment and implementation of, renewable SEC. ll12. LEAKING UNDERGROUND STORAGE striking ‘‘subsection (c) and (d) of this sec- TANKS. fuel production technologies in RFG States tion’’ and inserting ‘‘subsections (c) and (d)’’. (4) Section 9004(a) of the Solid Waste Dis- with low rates of ethanol production, includ- (a) USE OF LUST FUNDS FOR REMEDIATION posal Act (42 U.S.C. 6991c(a)) is amended in ing low rates of production of cellulosic bio- OF CONTAMINATION FROM ETHER FUEL ADDI- the second sentence by striking ‘‘referred mass ethanol. TIVES.—Section 9003(h) of the Solid Waste to’’ and all that follows and inserting ‘‘re- ‘‘(2) ELIGIBILITY.— Disposal Act (42 U.S.C. 6991b(h)) is amend- ferred to in subparagraph (A) or (B), or both, ‘‘(A) IN GENERAL.—The entities eligible to ed— (1) in paragraph (7)(A)— of section 9001(2).’’. receive a grant under this subsection are (5) Section 9005 of the Solid Waste Disposal academic institutions in RFG States, and (A) by striking ‘‘paragraphs (1) and (2) of this subsection’’ and inserting ‘‘paragraphs Act (42 U.S.C. 6991d) is amended— consortia made up of combinations of aca- (A) in subsection (a), by striking ‘‘study demic institutions, industry, State govern- (1), (2), and (12)’’; and (B) by inserting ‘‘and section 9010’’ before taking’’ and inserting ‘‘study, taking’’; ment agencies, or local government agencies (B) in subsection (b)(1), by striking in RFG States, that have proven experience ‘‘if’’; and (2) by adding at the end the following: ‘‘relevent’’ and inserting ‘‘relevant’’; and and capabilities with relevant technologies. (C) in subsection (b)(4), by striking ‘‘(B) APPLICATION.—To be eligible to re- ‘‘(12) REMEDIATION OF CONTAMINATION FROM ETHER FUEL ADDITIVES.— ‘‘Evironmental’’ and inserting ‘‘Environ- ceive a grant under this subsection, an eligi- mental’’. ble entity shall submit to the Administrator ‘‘(A) IN GENERAL.—The Administrator and SEC. ll13. RESTRICTIONS ON THE USE OF an application in such manner and form, and the States may use funds made available under section 9013(1) to carry out corrective MTBE. accompanied by such information, as the Ad- (a) FINDINGS.—Congress finds that— ministrator may specify. actions with respect to a release of methyl tertiary butyl ether or other ether fuel addi- (1) since 1979, methyl tertiary butyl ether ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— (referred to in this section as ‘‘MTBE’’) has There is authorized to be appropriated to tive that presents a threat to human health, welfare, or the environment. been used nationwide at low levels in gaso- carry out this subsection $25,000,000 for each line to replace lead as an octane booster or ‘‘(B) APPLICABLE AUTHORITY.—Subpara- of fiscal years 2004 through 2008. anti-knocking agent; ‘‘(f) CELLULOSIC BIOMASS ETHANOL CONVER- graph (A) shall be carried out— ‘‘(i) in accordance with paragraph (2), ex- (2) Public Law 101–549 (commonly known as SION ASSISTANCE— the ‘‘Clean Air Act Amendments of 1990’’) (42 ‘‘(1) IN GENERAL.—The Secretary may pro- cept that a release with respect to which a corrective action is carried out under sub- U.S.C. 7401 et seq.) established a fuel oxygen- vide grants to merchant producers of cellu- ate standard under which reformulated gaso- losic biomass ethanol in the United States to paragraph (A) shall not be required to be from an underground storage tank; and line must contain at least 2 percent oxygen assist the producers in building eligible pro- by weight; duction facilities described in paragraph (2) ‘‘(ii) in the case of a State, in accordance with a cooperative agreement entered into (3) at the time of the adoption of the fuel for the production of cellulosic biomass eth- oxygenate standard, Congress was aware anol. by the Administrator and the State under paragraph (7).’’. that— ‘‘(2) ELIGIBLE PRODUCTION FACILITIES.—A (A) significant use of MTBE could result (b) RELEASE PREVENTION AND COMPLI- production facility shall be eligible to re- from the adoption of that standard; and ANCE.—Subtitle I of the Solid Waste Disposal ceive a grant under this subsection if the (B) the use of MTBE would likely be impor- Act (42 U.S.C. 6991 et seq.) is amended by production facility— tant to the cost-effective implementation of striking section 9010 and inserting the fol- ‘‘(A) is located in the United States; and that standard; lowing: ‘‘(B) uses cellulosic biomass feedstocks de- (4) Congress is aware that gasoline and its rived from agricultural residues or munic- ‘‘SEC. 9010. RELEASE PREVENTION AND COMPLI- component additives have leaked from stor- ipal solid waste. ANCE. age tanks, with consequences for water qual- ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— ‘‘Funds made available under section ity; There is authorized to be appropriated to 9013(2) from the Leaking Underground Stor- (5) the fuel industry responded to the fuel carry out this subsection— age Tank Trust Fund may be used for con- oxygenate standard established by Public ‘‘(A) $100,000,000 for fiscal year 2004; ducting inspections, or for issuing orders or Law 101–549 by making substantial invest- ‘‘(B) $250,000,000 for fiscal year 2005; and bringing actions under this subtitle— ments in— ‘‘(C) $400,000,000 for fiscal year 2006.’’. ‘‘(1) by a State (pursuant to section (A) MTBE production capacity; and (b) CONFORMING AMENDMENT.—The table of 9003(h)(7)) acting under— (B) systems to deliver MTBE-containing contents for the Clean Air Act (42 U.S.C. 7401 ‘‘(A) a program approved under section gasoline to the marketplace; prec.) is amended by inserting after the item 9004; or (6) when leaked or spilled into the environ- relating to section 211 the following: ‘‘(B) State requirements regulating under- ment, MTBE may cause serious problems of ‘‘212. Renewable fuels.’’. ground storage tanks that are similar or drinking water quality; SEC. ll03. SURVEY OF RENEWABLE FUELS CON- identical to this subtitle, as determined by (7) in recent years, MTBE has been de- SUMPTION. the Administrator; and tected in water sources throughout the Section 205 of the Department of Energy ‘‘(2) by the Administrator, acting under United States; Organization Act (42 U.S.C. 7135) is amended this subtitle or a State program approved (8) MTBE can be detected by smell and by adding at the end the following: under section 9004. taste at low concentrations;

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(9) while small quantities of MTBE can ‘‘(i) GRANTS.—The Secretary of Energy, in (B) in the case of any other State, begin- render water supplies unpalatable, the pre- consultation with the Administrator, may ning 270 days after the date of enactment of cise human health effects of MTBE consump- make grants to merchant producers of meth- this Act. tion at low levels are yet unknown as of the yl tertiary butyl ether in the United States (b) MAINTENANCE OF TOXIC AIR POLLUTANT date of enactment of this Act; to assist the producers in the conversion of EMISSION REDUCTIONS.—Section 211(k)(1) of (10) in the report entitled ‘‘Achieving Clean eligible production facilities described in the Clean Air Act (42 U.S.C. 7545(k)(1)) is Air and Clean Water: The Report of the Blue subparagraph (C) to the production of— amended— Ribbon Panel on Oxygenates in Gasoline’’ ‘‘(i) iso-octane or alkylates, unless the Ad- (1) by striking ‘‘Within 1 year after the en- and dated September 1999, Congress was ministrator, in consultation with the Sec- actment of the Clean Air Act Amendments of urged— retary of Energy, determines that transition 1990,’’ and inserting the following: (A) to eliminate the fuel oxygenate stand- assistance for the production of iso-octane or ‘‘(A) IN GENERAL.—Not later than Novem- ard; alkylates is inconsistent with the criteria ber 15, 1991,’’; and (B) to greatly reduce use of MTBE; and specified in subparagraph (B); and (2) by adding at the end the following: (C) to maintain the environmental per- ‘‘(ii) any other fuel additive that meets the ‘‘(B) MAINTENANCE OF TOXIC AIR POLLUTANT formance of reformulated gasoline; criteria specified in subparagraph (B). EMISSIONS REDUCTIONS FROM REFORMULATED (11) Congress has— ‘‘(B) CRITERIA.—The criteria referred to in GASOLINE.— (A) reconsidered the relative value of subparagraph (A) are that— ‘‘(i) DEFINITION OF PADD.—In this subpara- MTBE in gasoline; and ‘‘(i) use of the fuel additive is consistent graph the term ‘PADD’ means a Petroleum (B) decided to eliminate use of MTBE as a with this subsection; Administration for Defense District. fuel additive; ‘‘(ii) the Administrator has not determined ‘‘(ii) REGULATIONS CONCERNING EMISSIONS (12) the timeline for elimination of use of that the fuel additive may reasonably be an- OF TOXIC AIR POLLUTANTS.—Not later than 270 MTBE as a fuel additive must be established ticipated to endanger public health or the days after the date of enactment of this sub- in a manner that achieves an appropriate environment; paragraph, the Administrator shall establish balance among the goals of— ‘‘(iii) the fuel additive has been registered by regulation, for each refinery or importer (A) environmental protection; and tested, or is being tested, in accordance (other than a refiner or importer in a State (B) adequate energy supply; and with the requirements of this section; and that has received a waiver under section 209(b) with respect to gasoline produced for (C) reasonable fuel prices; and ‘‘(iv) the fuel additive will contribute to use in that State), standards for toxic air (13) it is appropriate for Congress to pro- replacing quantities of motor vehicle fuel pollutants from use of the reformulated gas- vide some limited transition assistance— rendered unavailable as a result of paragraph oline produced or distributed by the refiner (A) to merchant producers of MTBE who (5). produced MTBE in response to a market cre- or importer that maintain the reduction of ‘‘(C) ELIGIBLE PRODUCTION FACILITIES.—A the average annual aggregate emissions of ated by the oxygenate requirement con- production facility shall be eligible to re- toxic air pollutants for reformulated gaso- tained in the Clean Air Act (42 U.S.C. 7401 et ceive a grant under this paragraph if the pro- line produced or distributed by the refiner or seq.); and duction facility— importer during calendar years 1999 and 2000 (B) for the purpose of mitigating any fuel ‘‘(i) is located in the United States; and (as determined on the basis of data collected supply problems that may result from elimi- ‘‘(ii) produced methyl tertiary butyl ether nation of a widely-used fuel additive. by the Administrator with respect to the re- for consumption in nonattainment areas dur- (b) PURPOSES.—The purposes of this section finer or importer). ing the period— are— ‘‘(iii) STANDARDS APPLICABLE TO SPECIFIC ‘‘(I) beginning on the date of enactment of (1) to eliminate use of MTBE as a fuel oxy- REFINERIES OR IMPORTERS.— this paragraph; and genate; and ‘‘(I) APPLICABILITY OF STANDARDS.—For (2) to provide assistance to merchant pro- ‘‘(II) ending on the effective date of the any calendar year, the standards applicable ducers of MTBE in making the transition prohibition on the use of methyl tertiary to a refiner or importer under clause (ii) from producing MTBE to producing other butyl ether under paragraph (5). shall apply to the quantity of gasoline pro- fuel additives. ‘‘(D) AUTHORIZATION OF APPROPRIATIONS.— duced or distributed by the refiner or im- (c) AUTHORITY FOR WATER QUALITY PROTEC- There is authorized to be appropriated to porter in the calendar year only to the ex- TION FROM FUELS.—Section 211(c) of the carry out this paragraph $250,000,000 for each tent that the quantity is less than or equal Clean Air Act (42 U.S.C. 7545(c)) is amended— of fiscal years 2004 through 2007.’’. to the average annual quantity of reformu- (1) in paragraph (1)(A)— (d) NO EFFECT ON LAW CONCERNING STATE lated gasoline produced or distributed by the (A) by inserting ‘‘fuel or fuel additive or’’ AUTHORITY.—The amendments made by sub- refiner or importer during calendar years after ‘‘Administrator any’’; and section (c) have no effect on the law in effect 1999 and 2000. (B) by striking ‘‘air pollution which’’ and on the day before the date of enactment of ‘‘(II) APPLICABILITY OF OTHER STANDARDS.— inserting ‘‘air pollution, or water pollution, this Act concerning the authority of States For any calendar year, the quantity of gaso- that’’; to limit the use of methyl tertiary butyl line produced or distributed by a refiner or (2) in paragraph (4)(B), by inserting ‘‘or ether in motor vehicle fuel. importer that is in excess of the quantity water quality protection,’’ after ‘‘emission SEC. ll14. ELIMINATION OF OXYGEN CONTENT subject to subclause (I) shall be subject to control,’’; and REQUIREMENT FOR REFORMU- standards for emissions of toxic air pollut- (3) by adding at the end the following: LATED GASOLINE. ants promulgated under subparagraph (A) ‘‘(5) RESTRICTIONS ON USE OF MTBE.— (a) ELIMINATION.— and paragraph (3)(B). ‘‘(A) IN GENERAL.—Subject to subparagraph (1) IN GENERAL.—Section 211(k) of the ‘‘(iv) CREDIT PROGRAM.—The Administrator (E), not later than 4 years after the date of Clean Air Act (42 U.S.C. 7545(k)) is amend- shall provide for the granting and use of enactment of this paragraph, the use of ed— credits for emissions of toxic air pollutants methyl tertiary butyl ether in motor vehicle (A) in paragraph (2)— in the same manner as provided in paragraph fuel in any State other than a State de- (i) in the second sentence of subparagraph (7). scribed in subparagraph (C) is prohibited. (A), by striking ‘‘(including the oxygen con- ‘‘(v) REGIONAL PROTECTION OF TOXICS RE- ‘‘(B) REGULATIONS.—The Administrator tent requirement contained in subparagraph DUCTION BASELINES.— shall promulgate regulations to effect the (B))’’; ‘‘(I) IN GENERAL.—Not later than 60 days prohibition in subparagraph (A). (ii) by striking subparagraph (B); and after the date of enactment of this subpara- ‘‘(C) STATES THAT AUTHORIZE USE.—A State (iii) by redesignating subparagraphs (C) graph, and not later than April 1 of each cal- described in this subparagraph is a State and (D) as subparagraphs (B) and (C), respec- endar year that begins after that date of en- that submits to the Administrator a notice tively; actment, the Administrator shall publish in that the State authorizes use of methyl ter- (B) in paragraph (3)(A), by striking clause the Federal Register a report that specifies, tiary butyl ether in motor vehicle fuel sold (v); and with respect to the previous calendar year— or used in the State. (C) in paragraph (7)— ‘‘(aa) the quantity of reformulated gasoline ‘‘(D) PUBLICATION OF NOTICE.—The Admin- (i) in subparagraph (A)— produced that is in excess of the average an- istrator shall publish in the Federal Register (I) by striking clause (i); and nual quantity of reformulated gasoline pro- each notice submitted by a State under sub- (II) by redesignating clauses (ii) and (iii) as duced in 1999 and 2000; and paragraph (C). clauses (i) and (ii), respectively; and ‘‘(bb) the reduction of the average annual ‘‘(E) TRACE QUANTITIES.—In carrying out (ii) in subparagraph (C)— aggregate emissions of toxic air pollutants subparagraph (A), the Administrator may (I) by striking clause (ii); and in each PADD, based on retail survey data or allow trace quantities of methyl tertiary (II) by redesignating clause (iii) as clause data from other appropriate sources. butyl ether, not to exceed 0.5 percent by vol- (ii). ‘‘(II) EFFECT OF FAILURE TO MAINTAIN AG- ume, to be present in motor vehicle fuel in (2) APPLICABILITY.—The amendments made GREGATE TOXICS REDUCTIONS.—If, in any cal- cases that the Administrator determines to by paragraph (1) apply— endar year, the reduction of the average an- be appropriate. (A) in the case of a State that has received nual aggregate emissions of toxic air pollut- ‘‘(6) MTBE MERCHANT PRODUCER CONVER- a waiver under section 209(b) of the Clean Air ants in a PADD fails to meet or exceed the SION ASSISTANCE.— Act (42 U.S.C. 7543(b)), beginning on the date reduction of the average annual aggregate ‘‘(A) IN GENERAL.— of enactment of this Act; and emissions of toxic air pollutants in the

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ANALYSES OF MOTOR VEHICLE FUEL Administrator, not later than 90 days after at a level below the average percentage of re- CHANGES. the date of publication of the report for the ductions of emissions of toxic air pollutants Section 211 of the Clean Air Act (42 U.S.C. calendar year under subclause (I), shall— for reformulated gasoline supplied to PADD 7545) (as amended by section ll01(a)) is ‘‘(aa) identify, to the maximum extent I during calendar years 1999 and 2000; and amended by inserting after subsection (o) the practicable, the reasons for the failure, in- (iii) in the case of an adjustment based on following: cluding the sources, volumes, and character- toxic air pollutant emissions from reformu- ‘‘(p) ANALYSES OF MOTOR VEHICLE FUEL istics of reformulated gasoline that contrib- lated gasoline significantly below the na- CHANGES AND EMISSIONS MODEL.— uted to the failure; and tional annual average emissions of toxic air ‘‘(1) ANTI-BACKSLIDING ANALYSIS.— ‘‘(bb) promulgate revisions to the regula- pollutants from all reformulated gasoline— ‘‘(A) DRAFT ANALYSIS.—Not later than 4 tions promulgated under clause (ii), to take (I) the Administrator may revise the ad- years after the date of enactment of this effect not earlier than 180 days but not later justment to take account of the scope of the paragraph, the Administrator shall publish than 270 days after the date of promulgation, prohibition on methyl tertiary butyl ether for public comment a draft analysis of the to provide that, notwithstanding clause imposed by paragraph (5) of section 211(c) of changes in emissions of air pollutants and (iii)(II), all reformulated gasoline produced the Clean Air Act (as added by section air quality due to the use of motor vehicle or distributed at each refiner or importer 203(c)); and fuel and fuel additives resulting from imple- shall meet the standards applicable under (II) any such adjustment shall require the mentation of the amendments made by the clause (iii)(I) beginning not later than April refiner or importer, to the maximum extent Reliable Fuels Act. 1 of the calendar year following publication practicable, to maintain the reduction ‘‘(B) FINAL ANALYSIS.—After providing a of the report under subclause (I) and in each achieved during calendar years 1999 and 2000 reasonable opportunity for comment but not calendar year thereafter. in the average annual aggregate emissions of later than 5 years after the date of enact- ‘‘(vi) REGULATIONS TO CONTROL HAZARDOUS toxic air pollutants from reformulated gaso- ment of this paragraph, the Administrator AIR POLLUTANTS FROM MOTOR VEHICLES AND line produced or distributed by the refiner or shall publish the analysis in final form. MOTOR VEHICLE FUELS.—Not later than July importer. ‘‘(2) EMISSIONS MODEL.—For the purposes of 1, 2004, the Administrator shall promulgate this subsection, as soon as the necessary final regulations to control hazardous air SEC. ll15. PUBLIC HEALTH AND ENVIRON- data are available, the Administrator shall pollutants from motor vehicles and motor MENTAL IMPACTS OF FUELS AND develop and finalize an emissions model that vehicle fuels, as provided for in section FUEL ADDITIVES. reasonably reflects the effects of gasoline 80.1045 of title 40, Code of Federal Regula- Section 211(b) of the Clean Air Act (42 characteristics or components on emissions tions (as in effect on the date of enactment U.S.C. 7545(b)) is amended— from vehicles in the motor vehicle fleet dur- of this subparagraph).’’. (1) in paragraph (2)— ing calendar year 2006.’’. (c) COMMINGLING.— (A) by striking ‘‘may also’’ and inserting SEC. ll17. ADDITIONAL OPT-IN AREAS UNDER (1) IN GENERAL.—Section 211(k) of the ‘‘shall, on a regular basis,’’; and REFORMULATED GASOLINE PRO- Clean Air Act (42 U.S.C. 7545(k)) is amended (B) by striking subparagraph (A) and in- GRAM. by adding at the end the following: serting the following: Section 211(k)(6) of the Clean Air Act (42 ‘‘(11) COMMINGLING.—The regulations under ‘‘(A) to conduct tests to determine poten- U.S.C. 7545(k)(6)) is amended— paragraph (1) shall permit the commingling tial public health and environmental effects (1) by striking ‘‘(6) OPT-IN AREAS.—(A) at a retail station of reformulated gasoline of the fuel or additive (including carcino- Upon’’ and inserting the following: containing ethanol and reformulated gaso- genic, teratogenic, or mutagenic effects); ‘‘(6) OPT-IN AREAS.— line that does not contain ethanol if, each and’’; and ‘‘(A) CLASSIFIED AREAS.— time such commingling occurs— (2) by adding at the end the following: ‘‘(i) IN GENERAL.—Upon’’; ‘‘(A) the retailer notifies the Adminis- ‘‘(4) STUDY ON CERTAIN FUEL ADDITIVES AND (2) in subparagraph (B), by striking ‘‘(B) trator before the commingling, identifying BLENDSTOCKS.— If’’ and inserting the following: the exact location of the retail station and ‘‘(A) IN GENERAL.—Not later than 2 years ‘‘(ii) EFFECT OF INSUFFICIENT DOMESTIC CA- the specific tank in which the commingling after the date of enactment of this para- PACITY TO PRODUCE REFORMULATED GASO- will take place; and graph, the Administrator shall— LINE.—If’’; ‘‘(B) the retailer certifies that the reformu- ‘‘(i) conduct a study on the effects on pub- (3) in subparagraph (A)(ii) (as redesignated lated gasoline resulting from the commin- lic health (including the effects on children, by paragraph (2))— gling will meet all applicable requirements pregnant women, minority or low-income (A) in the first sentence, by striking ‘‘sub- for reformulated gasoline, including content communities, and other sensitive popu- paragraph (A)’’ and inserting ‘‘clause (i)’’; and emission performance standards. lations), air quality, and water resources of and (d) CONSOLIDATION IN REFORMULATED GASO- increased use of, and the feasibility of using (B) in the second sentence, by striking LINE REGULATIONS.—Not later than 180 days after the date of enactment of this Act, the as substitutes for methyl tertiary butyl ‘‘this paragraph’’ and inserting ‘‘this sub- Administrator of the Environmental Protec- ether in gasoline— paragraph’’; and tion Agency shall revise the reformulated ‘‘(I) ethyl tertiary butyl ether; (4) by adding at the end the following: gasoline regulations under subpart D of part ‘‘(II) tertiary amyl methyl ether; ‘‘(B) OZONE TRANSPORT REGION.— 80 of title 40, Code of Federal Regulations, to ‘‘(III) di-isopropyl ether; ‘‘(i) APPLICATION OF PROHIBITION.— consolidate the regulations applicable to ‘‘(IV) tertiary butyl alcohol; ‘‘(I) IN GENERAL.—On application of the VOC-Control Regions 1 and 2 under section ‘‘(V) other ethers and heavy alcohols, as Governor of a State in the ozone transport 80.41 of that title by eliminating the less determined by then Administrator; region established by section 184(a), the Ad- stringent requirements applicable to gaso- ‘‘(VI) ethanol; ministrator, not later than 180 days after the line designated for VOC-Control Region 2 and ‘‘(VII) iso-octane; and date of receipt of the application, shall apply instead applying the more stringent require- ‘‘(VIII) alkylates; and the prohibition specified in paragraph (5) to ments applicable to gasoline designated for ‘‘(ii) conduct a study on the effects on pub- any area in the State (other than an area VOC-Control Region 1. lic health (including the effects on children, classified as a marginal, moderate, serious, (e) SAVINGS CLAUSE.— pregnant women, minority or low-income or severe ozone nonattainment area under (1) IN GENERAL.—Nothing in this section or communities, and other sensitive popu- subpart 2 of part D of title I) unless the Ad- any amendment made by this section affects lations), air quality, and water resources of ministrator determines under clause (iii) or prejudices any legal claim or action with the adjustment for ethanol-blended reformu- that there is insufficient capacity to supply respect to regulations promulgated by the lated gasoline to the volatile organic com- reformulated gasoline. Administrator before the date of enactment pounds performance requirements that are ‘‘(II) PUBLICATION OF APPLICATION.—As soon of this Act regarding— applicable under paragraphs (1) and (3) of as practicable after the date of receipt of an (A) emissions of toxic air pollutants from section 211(k); and application under subclause (I), the Adminis- motor vehicles; or ‘‘(iii) submit to the Committee on Environ- trator shall publish the application in the (B) the adjustment of standards applicable ment and Public Works of the Senate and Federal Register. to a specific refinery or importer made under the Committee on Energy and Commerce of ‘‘(ii) PERIOD OF APPLICABILITY.—Under those regulations. the House of Representatives a report de- clause (i), the prohibition specified in para- (2) ADJUSTMENT OF STANDARDS.— scribing the results of the studies under graph (5) shall apply in a State— (A) APPLICABILITY.—The Administrator clauses (i) and (ii). ‘‘(I) commencing as soon as practicable but may apply any adjustments to the standards ‘‘(B) CONTRACTS FOR STUDY.—In carrying not later than 2 years after the date of ap- applicable to a refinery or importer under out this paragraph, the Administrator may proval by the Administrator of the applica- subparagraph (B)(iii)(I) of section 211(k)(1) of enter into 1 or more contracts with non- tion of the Governor of the State; and the Clean Air Act (as added by subsection governmental entities such as— ‘‘(II) ending not earlier than 4 years after (b)(2)), except that— ‘‘(i) the national energy laboratories; and the commencement date determined under (i) the Administrator shall revise the ad- ‘‘(ii) institutions of higher education (as subclause (I). justments to be based only on calendar years defined in section 101 of the Higher Edu- ‘‘(iii) EXTENSION OF COMMENCEMENT DATE 1999 and 2000; cation Act of 1965 (20 U.S.C. 1001)).’’. BASED ON INSUFFICIENT CAPACITY.—

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4442 CONGRESSIONAL RECORD — SENATE April 27, 2004 ‘‘(I) IN GENERAL.—If, after receipt of an ap- (ii) reduce price volatility and costs to Those wishing additional information plication from a Governor of a State under consumers and producers; may contact the Indian Affairs Com- clause (i), the Administrator determines, on (iii) provide increased liquidity to the gas- mittee at 224–2251. the Administrator’s own motion or on peti- oline market; and tion of any person, after consultation with (iv) enhance fuel quality, consistency, and COMMITTEE ON AGRICULTURE, NUTRITION, AND the Secretary of Energy, that there is insuf- supply; and FORESTRY ficient capacity to supply reformulated gaso- (F) the feasibility of providing incentives, Mr. COCHRAN. Mr. President, I an- line, the Administrator, by regulation— and the need for the development of national nounce that the Committee on Agri- ‘‘(aa) shall extend the commencement date standards necessary, to promote cleaner culture, Nutrition, and Forestry will with respect to the State under clause (ii)(I) burning motor vehicle fuel. conduct a hearing on May 6, 2004 in SD– for not more than 1 year; and (b) REPORT.— 106 at 10 a.m. The purpose of this hear- ‘‘(bb) may renew the extension under item (1) IN GENERAL.—Not later than June 1, ing will be to discuss Biomass Use in (aa) for 2 additional periods, each of which 2007, the Administrator of the Environ- shall not exceed 1 year. mental Protection Agency and the Secretary Energy Production: New Opportunities ‘‘(II) DEADLINE FOR ACTION ON PETITIONS.— of Energy shall submit to Congress a report for Agriculture. The Administrator shall act on any petition on the results of the study conducted under f submitted under subclause (I) not later than subsection (a). AUTHORITY FOR COMMITTEES TO 180 days after the date of receipt of the peti- (2) RECOMMENDATIONS.— tion.’’. (A) IN GENERAL.—The report shall contain MEET ll SEC. 18. FEDERAL ENFORCEMENT OF STATE recommendations for legislative and admin- COMMITTEE ON ARMED SERVICES FUELS REQUIREMENTS. istrative actions that may be taken— Section 211(c)(4)(C) of the Clean Air Act (42 Mr. SUNUNU. Mr. President, I ask (i) to improve air quality; unanimous consent that the Com- U.S.C. 7545(c)(4)(C)) is amended— (ii) to reduce costs to consumers and pro- (1) by striking ‘‘(C) A State’’ and inserting ducers; and mittee on Armed Services be author- the following: (iii) to increase supply liquidity. ized to meet during the session of the ‘‘(C) AUTHORITY OF STATE TO CONTROL (B) REQUIRED CONSIDERATIONS.—The rec- Senate on April 27, 2004, at 9:30 a.m., in FUELS AND FUEL ADDITIVES FOR REASONS OF ommendations under subparagraph (A) shall open session to consider the following NECESSITY.— take into account the need to provide ad- nominations: Tina Westby Jonas to be ‘‘(i) IN GENERAL.—A State’’; and vance notice of required modifications to re- Under Secretary of Defense (Comp- (2) by adding at the end the following: finery and fuel distribution systems in order ‘‘(ii) ENFORCEMENT BY THE ADMINIS- troller); Dionel M. Aviles to Under Sec- to ensure an adequate supply of motor vehi- TRATOR.—In any case in which a State pre- retary of the Navy; and Jerald S. Paul cle fuel in all States. scribes and enforces a control or prohibition (3) CONSULTATION.—In developing the re- to be Principal Deputy Administrator, under clause (i), the Administrator, at the port, the Administrator of the Environ- National Nuclear Security Administra- request of the State, shall enforce the con- mental Protection Agency and the Secretary tion. trol or prohibition as if the control or prohi- of Energy shall consult with— The PRESIDING OFFICER. Without bition had been adopted under the other pro- (A) the Governors of the States; visions of this section.’’. objection, it is so ordered. (B) automobile manufacturers; COMMITTEE ON COMMERCE, SCIENCE, AND SEC. ll19. FUEL SYSTEM REQUIREMENTS HAR- (C) State and local air pollution control MONIZATION STUDY. TRANSPORTATION regulators; (a) STUDY.— (D) public health experts; Mr. SUNUNU. Mr. President, I ask (1) IN GENERAL.—The Administrator of the (E) motor vehicle fuel producers and dis- unanimous consent that the Com- Environmental Protection Agency and the mittee on Commerce, Science, and Secretary of Energy shall jointly conduct a tributors; and study of Federal, State, and local require- (F) the public. Transportation be authorized to meet ments concerning motor vehicle fuels, in- on Tuesday, April 27, 2004, at 9:30 a.m. cluding— SA 3051. Mr. DOMENICI proposed an on Telecommunications Policy Review: (A) requirements relating to reformulated amendment to amendment SA 3050 pro- Lessons learned from the Tele- gasoline, volatility (measured in Reid vapor posed by Mr. DASCHLE (for himself, Mr. communications Act of 1996, in SR–253. pressure), oxygenated fuel, and diesel fuel; DURBIN, and Mr. JOHNSON) to the bill S. The PRESIDING OFFICER. Without and 150, to make permanent the morato- objection, it is so ordered. (B) other requirements that vary from rium on taxes on Internet access and State to State, region to region, or locality COMMITTEE ON ENERGY AND NATURAL to locality. multiple and discriminatory taxes on RESOURCES (2) REQUIRED ELEMENTS.—The study shall electronic commerce imposed by the Mr. SUNUNU. Mr. President, I ask assess— Internet Tax Freedom Act; as follows: unanimous consent that the Com- (A) the effect of the variety of require- (The amendment will be printed in a mittee on Energy and Natural Re- ments described in paragraph (1) on the sup- future edition of the RECORD.) sources be authorized to meet during ply, quality, and price of motor vehicle fuels the session of the Senate on Tuesday, available to the consumer; f April 27 at 10:00 a.m. (B) the effect of the requirements described NOTICES OF HEARINGS/MEETINGS in paragraph (1) on achievement of— The purpose of the hearings is to re- (i) national, regional, and local air quality COMMITTEE ON INDIAN AFFAIRS ceive testimony regarding sustainable, standards and goals; and Mr. CAMPBELL. Mr. President, I low emission, electricity generation. (ii) related environmental and public would like to announce that the Com- The PRESIDING OFFICER. Without health protection standards and goals (in- mittee on Indian Affairs will meet on objection, it is so ordered. cluding the protection of children, pregnant Wednesday, April 28, 2004, at 10 a.m. in COMMITTEE ON FINANCE women, minority or low-income commu- nities, and other sensitive populations); room 485 of the Russell Senate Office Mr. SUNUNU. Mr. President, I ask (C) the effect of Federal, State, and local Building to conduct a hearing on S. unanimous consent that the Com- motor vehicle fuel regulations, including 2172, Tribal Contract Support Cost mittee on Finance be authorized to multiple motor vehicle fuel requirements, Technical Amendments of 2004. meet during the session on Tuesday, on— Those wishing additional information April 27, 2004, at 10:00 a.m., in 215 Dirk- (i) domestic refiners; may contact the Indian Affairs Com- sen Senate Office Building, to hear tes- (ii) the fuel distribution system; and mittee at 224–2251. timony on ‘‘International Trade and (iii) industry investment in new capacity; Pharmaceuticals.’’ (D) the effect of the requirements de- COMMITTEE ON INDIAN AFFAIRS scribed in paragraph (1) on emissions from Mr. CAMPBELL. Mr. President, I The PRESIDING OFFICER. Without vehicles, refiners, and fuel handling facili- would like to announce that the Com- objection, it is so ordered. ties; mittee on Indian Affairs will meet on COMMITTEE ON FOREIGN RELATIONS (E) the feasibility of developing national or Thursday, April 29, 2004, at 10 a.m. in Mr. SUNUNU. Mr. President, I ask regional motor vehicle fuel slates for the 48 room 485 of the Russell Senate Office unanimous consent that the Com- contiguous States that, while protecting and Building to conduct a hearing on S. mittee on Foreign Relations be author- improving air quality at the national, re- gional, and local levels, could— 2301, a discussion draft bill to improve ized to meet during the sessio of the (i) enhance flexibility in the fuel distribu- the management of Native American Senate on Tuesday, April 27, 2004 at tion infrastructure and improve fuel fish and wildlife and gathering, and for 10:00 a.m. to hold a Nomination hear- fungibility; other purposes. ing.

VerDate Mar 15 2010 22:27 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2004SENATE\S27AP4.REC S27AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2004 CONGRESSIONAL RECORD — SENATE S4443 The PRESIDING OFFICER. Without MEASURE PLACED ON THE Structure of the United States: Admi- objection, it is so ordered. CALENDAR—S. 2348 ral Thomas Lopez of Virginia. COMMITTEE ON THE JUDICIARY Mr. FRIST. Mr. President, I under- f Mr. SUNUNU. Mr. President, I ask stand there is a bill at the desk that is due for a second reading. ORDERS FOR WEDNESDAY, APRIL unanimous consent that the Com- 28, 2004 mittee on the Judiciary be authorized The ACTING PRESIDENT pro tem- to meet to conduct a hearing on Tues- pore. The clerk will read the title of Mr. FRIST. Mr. President, I ask day, April 27, 2004 at 10:00 a.m. on ‘‘Ju- the bill for the second time. unanimous consent that when the Sen- dicial Nominations’’ in the Dirksen The legislative clerk read as follows: ate completes its business today, it ad- Senate Office Building Room 226. A bill (S. 2348) to extend the Internet Tax journ until 9:30 a.m., on Wednesday, Brett M. Kavanaugh, to be United Freedom Act. April 28. I further ask that following States Circuit Judge for the District of Mr. FRIST. Mr. President, in order to the prayer and pledge, the morning Columbia Circuit. place the bill on the calendar under hour be deemed expired, the Journal of proceedings be approved to date, and The PRESIDING OFFICER. Without provisions of rule XIV, I object to fur- following the time for the two leaders objection, it is so ordered. ther proceedings. The ACTING PRESIDENT pro tem- the Senate then begin a period for SPECIAL COMMITTEE ON AGING pore. Objection is heard. The bill will morning business for up to 60 minutes, Mr. SUNUNU. Mr. President, I ask be placed on the calendar. with the first half of the time under unanimous consent that the Special the control of the majority leader or f Committee on Aging be authorized to his designee and the second half of the meet Tuesday, April 27, 2004 from 10:00 COMMUNICATIONS SATELLITE ACT time under the control of the Demo- a.m–12:00 p.m. in Dirksen 628 for the OF 1962 cratic leader or his designee; provided purpose of conducting a hearing. Mr. FRIST. Mr. President, I ask further, that following that 60 minutes, The PRESIDING OFFICER. Without unanimous consent that the Commerce the Senate resume consideration of S. objection, it is so ordered. Committee be discharged from further 150, the Internet tax bill. The ACTING PRESIDENT pro tem- SUBCOMMITTEE ON NATIONAL PARKS consideration of S. 2315 and that the Senate proceed to its immediate con- pore. Without objection, it is so or- Mr. SUNUNU. Mr. President, I ask sideration. dered. unanimous consent that the Sub- The ACTING PRESIDENT pro tem- committee on National Parks of the f pore. Without objection, it is so or- Committee on Energy and Natural Re- dered. The clerk will report the bill by PROGRAM sources be authorized to meet during title. Mr. FRIST. Mr. President, tomorrow the session of the Senate on Tuesday, The legislative clerk read as follows: morning, following morning business, April 27 at 2:30 p.m. in room SD–366. A bill (S. 2315) to amend the Communica- the Senate will resume consideration The purpose of the hearing is to re- tions Satellite Act of 1962 to extend the of the Internet tax bill. As I men- ceive testimony on the following bills: deadline for the INTELSAT initial public of- tioned, I hope we can reach an agree- S. 1064, to establish a Commission to fering. ment to address this Internet tax bill, Commemorate The Sesquicentennial of There being no objection, the Senate hopefully with some amendments, over the American Civil War, and for other proceeded to consider the bill. the course of tomorrow. That is going purposes; S. 1092, to authorize the es- Mr. FRIST. Mr. President, I ask to take cooperation from both sides of tablishment of a National Database for unanimous consent that the bill be the aisle. purposes of identifying, locating, and read a third time and passed, and the Rollcall votes are possible during to- cataloging the many memorials and motion to reconsider be laid upon the morrow’s session. permanent tributes to America’s vet- table. We have a few more issues remaining. erans; S. 1748, to establish a program to The ACTING PRESIDENT pro tem- I think we can settle them in the next award grants to improve and maintain pore. Without objection, it is so or- few minutes. At this juncture, I sug- sites honoring Presidents of the United dered. gest the absence of a quorum. States; S. 2046, to authorize the ex- The bill (S. 2315) was read the third The ACTING PRESIDENT pro tem- change of certain land in Everglades time and passed, as follows: pore. The clerk will call the roll. National Park; S. 2052, to amend the S. 2315 The legislative clerk proceeded to National Trails, System Act to des- call the roll. ignate El Camino Real De Los Tejas as Be it enacted by the Senate and House of Rep- resentatives of the United States of America in Mr. FRIST. Mr. President, I ask a National Historic Trail; and S. 2319, Congress assembled, unanimous consent that the order for to authorize and facilitate hydro- SECTION 1. EXTENSION OF IPO DEADLINE. the quorum call be rescinded. electric power licensing of the Tapoco Section 621(A)(i) of the Communications The ACTING PRESIDENT pro tem- Project. Satellite Act of 1962 (47 U.S.C. 763(5)(A)(i) is pore. Without objection, it is so or- The PRESIDING OFFICER. Without amended— dered. objection, it is so ordered. (1) by striking ‘‘December 31, 2003,’’ and in- serting ‘‘June 30, 2005,’’, and f SUBCOMMITTEE ON SCIENCE, TECHNOLOGY, AND (2) by striking ‘‘June 30, 2004,’’ and insert- SPACE ing ‘‘December 31, 2005;’’ ADJOURNMENT UNTIL 9:30 A.M. TOMORROW Mr. SUNUNU. Mr. President, I ask f unanimous consent that the Sub- Mr. FRIST. Mr. President, if there is committee on Science, Technology, APPOINTMENT no further business to come before the and Space be authorized to meet on THE ACTING PRESIDENT pro tem- Senate, I ask unanimous consent that Tuesday, April 27, 2004, at 3:30 p.m., on pore. The Chair, on behalf of the major- the Senate stand in adjournment under the International Space Exploration ity leader, pursuant to Public Law 108– the previous order. Program, in SR–253. 132, Section 128, appoints the following There being no objection, the Senate, The PRESIDING OFFICER. Without individual to the Commission on Re- at 8:27 p.m., adjourned until Wednes- objection, it is so ordered. view of Overseas Military Facility day, April 28, 2004, at 9:30 a.m.

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WE THE PEOPLE: PROJECT CIT- ‘‘It is a very long process,’’ explained ing and debate last week before the Edu- IZEN STUDENTS MAKE A DIF- Tashina Sosa. ‘‘It’s like a never-ending cation Committee. FERENCE IN TUCSON, AZ thriller book.’’ The students were scheduled to go to Phoe- Thriller book? Perhaps. nix to testify in support of their bill—but Horror story? More often. they were foiled by another state issue. It HON. RAU´ L M. GRIJALVA But who am I to argue with an insider— was time for them to take part of the man- OF ARIZONA someone who has seen firsthand the labo- dated AIMS test. Nonetheless, the bill easily IN THE HOUSE OF REPRESENTATIVES rious and languorous way that the Legisla- passed the committee. ture goes about its work. Tuesday, April 27, 2004 The bill is scheduled to be heard in the There are several thousand professional House Judiciary Committee today. Lopes is Mr. GRIJALVA. Mr. Speaker, I would like to lobbyists at work in Phoenix right now who optimistic that it will eventually pass both take a moment to commend a group of stu- are being paid well—very well—to get their houses and be signed into law by Napolitano. dents from my district for their civic engage- employers’ messages to lawmakers. ‘‘The kids did all the work,’’ Lopes said. ment. Along with their teacher, these 23 stu- Tashina Sosa isn’t one of them, although it ‘‘It’s just incredible. I knew nothing about is quite likely that she will be more success- dents developed a proposal for curbing bul- the substance of the topic. But I saw what ful than most of those professionals. they had done and said, ‘My God, we’ve got lying in Arizona schools. This proposal was Sosa is a freshman at Tucson High Magnet to help them out.’ ’’ taken up in the Arizona State legislature with School. And work that she and her class- Sosa is excited that her class’s work may bipartisan support. The bill was introduced by mates started last year when they were en- soon be memorialized in state law. And so is Representative Phil Lopez and Representative rolled at Mansfeld Middle School may soon her classmate, Mounir Koussa, also now a Linda Gray, and has already passed the Edu- result in a law. freshman at Tucson High. ‘‘It’s good for me cation Committee and has garnered the sup- This law, unlike many of those passed by to know that a student can make a dif- port of Gov. Janet Napolitano. If passed, the legislators, actually makes sense and actu- ference in society,’’ Koussa said. ally is needed. It would require each school It has taken almost two months for the bill would require that school boards adopt district to enact an anti-bullying policy. bill to make it to this point in the legislative and enforce procedures that prohibit the har- Sosa and 23 other Mansfeld students were process, and Bludau still can’t quite believe assment, bullying and intimidation of pupils. enrolled last year in a law-related education her students have been so successful. Using the skill of civic engagement, taught class taught by Cheri Bludau. Part of the ‘‘Way back in January, little did we know through Project Citizen, these students have class was a project called We the People- that we could have this kind of impact on made a positive impact in their community, Project Citizen, a national program that pro- the state of Arizona,’’ she said. ‘‘I’m very and serve as role models for their peers. motes student participation in government. proud of my students, as you can tell.’’ Project Citizen is a curricular program for mid- After discussing several ideas and con- Cheri Bludau’s students have completed ducting research on matters ripe for change, dle school students that promotes competent their assignment. Now legislators must com- the students settled on the issue of bullying, plete theirs. and responsible participation in local and State Bludau said. WHAT THE LAW WOULD DO government. The program helps young people But there were some concerns. Some stu- learn how to monitor and influence public pol- dents feared the topic may be too ‘‘child- If the bill written by students at Mansfeld icy. In the process, they develop support for like’’ and of little interest to the Legisla- Middle School becomes law, it would require that school boards adopt and enforce proce- democratic values and principles, tolerance, ture, Bludau said. Others were afraid that a law would be meaningless—that bullying was dures that prohibit the harassment, bullying and feelings of political efficacy. The Project and intimidation of pupils. Citizen program is administered by the Center not something that could be stopped with legislation. Those procedures must include: for Civic Education with the assistance of the But the research was persuasive. Studies A confidential process that allows pupils to National Conference of State Legislatures. It is found that bullying is one of the most under- report incidents of harassment, intimidation funded by the U.S. Department of Education rated and serious problems in schools. Stu- or bullying to school officials. by act of Congress. dents involved in murders in school and stu- A procedure for the parents or guardians of Mr. Speaker, I am proud of the contribution dents who commit suicide are far more like- pupils to submit written reports concerning harassment, intimidation or bullying to of these students and applaud their efforts to ly to be victims of bullies than the average student is. Education and federal officials es- school officials. be actively involved in efforts to improve their A requirement that school district employ- timate that nationwide, 160,000 students miss community. On behalf of the schools and chil- ees report suspected harassment, intimida- school every day because they fear being tion or bullying. dren of Arizona I would like to thank the fol- bullied. lowing students for their admirable interest in ‘‘A majority of adults see it as a right of A formal process for the documentation civic engagement. I hope their enthusiasm for passage,’’ Bludau said, ‘‘but the students and investigation of reported incidents. Disciplinary procedures for students ad- government is shared among their peers. know it is impacting their lives.’’ Marina Ardt, Eva Baisan, Edward Barnes, Using laws written in other states as a mitting to, or found guilty of harassment, starting point, Bludau’s class wrote a bill it intimidation or bullying. Amanda Belt, Katie Brown, Audrey A procedure that provides consequences for Bustamante, Nicholas Franco, Taiya Gehrels, hoped to have introduced in the Legislature. Class members took the bill to Project Citi- submitting false reports. Brianna Herreras-Crouse, Shelby Kline, Katie The bill submitted by the students was zen’s state competition last year and won Knight, Mounir Koussa, Alison Lambert, Ben amended in the House Education Committee first place. They then submitted it for na- to cover events not only on school grounds, Langworthy, Pricilla Martinez, Dillon tional competition and earned a ‘‘superior’’ but also on school buses, at school bus stops McCallum, Dylan Monke, Danny O’Sullivan, rating—the highest award. Johnny Police, Joy Ratanavongsa, Tanisha Last summer, Bludau e-mailed a copy of and at all school-sponsored events and ac- Sosa, John Taylor, Jessica Willy, and their the proposed bill to Gov. Janet Napolitano. tivities. teacher, Cheri Bludau of the Mansfeld Middle Within 45 minutes, Napolitano wrote back, f saying she would be very much behind it. School of Tucson. A MODEL TWO-YEAR COLLEGE Mr. Speaker, I would also like to submit the Thus emboldened, the students went hunt- attached article from the Tucson Citizen rec- ing for a legislator who would introduce the bill—and they found support from state Rep. HON. BARNEY FRANK ognizing the valiant efforts of these young Phil Lopes, a Tucson Democrat. He liked the OF MASSACHUSETTS adults. bill, but because he is a member of the mi- KIDS’ ASSIGNMENT TURNS HEADS AT STATE nority party, he needed help from a Repub- IN THE HOUSE OF REPRESENTATIVES LEVEL lican. Rep. Linda Gray, a Glendale Repub- Tuesday, April 27, 2004 Here is a brief primer on the workings of lican and chair of the House Education Com- the Arizona Legislature from an expert who mittee, signed on. Mr. FRANK of Massachusetts. Mr. Speaker, has learned how to write a bill, have it intro- The bill was formally introduced and as- I was very pleased to see the Boston Globe, duced by a lawmaker, then watched it ad- signed a number and title: ‘‘HB2533—Schools; in an editorial on Thursday, April 22, give ap- vance through the Legislature: policies; bullying’’ and scheduled for a hear- propriate recognition to the excellent job that

∑ 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 04:01 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.001 E27PT1 E652 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 2004 is done by Bristol Community College. As the the AT&T call center in Fairhaven and now the Kansas Democratic Party to its munic- Globe editorial correctly noted, ‘‘Bristol Com- a consultant with the union-management Al- ipal and county elected officials. munity College in Fall River has been per- liance for Employee Growth and Develop- Survived by her husband, William, 3 chil- ment. Bristol offers business-related courses dren and 10 grandchildren, Mary also was a forming . . . superbly for more than 30 years to 40 AT&T employees at the Fairhaven and is a model for other community colleges workplace. If students can’t come to the member of Stony Point Christian Church and . . . as they strive to prepare Massachusetts beautiful Fall River campus, Bristol goes to an active supporter of Maur Hill School in residents for the jobs of today and the future.’’ them. Atchison, Kansas. I commend her for a life full Dealing with a changing economy, in which No wonder that Judith Gill, chancellor of of support for her community and service to workers lose their jobs through no fault of their higher education, praised Bristol in draft as- others, and include in the RECORD a recent ar- own because of technology, globalization, and sessments of the 15 Massachusetts commu- ticle from the Kansas City Kansan detailing other factors, is the single most important nity colleges last fall—along with Middlesex her life and good works. Mary Ladesic will be issue facing us as a nation. The private sector and Holyoke community colleges—as a high- performing institution. missed by all who knew her. is a great creator of wealth, but it does not by Other colleges complained that the six cri- [From the Kansas City Kansan, Apr. 20, 2004] itself resolve the problems that are created by teria used for the ratings were too few, so MARY LADESIC, FIRST WOMAN ELECTED TO this ongoing transitional process, especially at Gill took away the ‘‘high performing’’ des- COUNTYWIDE OFFICE, DIES times such as now when economic transitions ignation from all three colleges. Gill prom- (By Mary Rupert) ises that by 2006 the Board of Higher Edu- are even more rapid than at other times. The first woman elected to a countywide cation will devise better assessments based This is why a well-funded, vigorous public public office in Wyandotte County, former on 30 criteria. When that is published, the sector is important to work along with the pri- Treasurer Mary P. Ladesic, died Saturday. differences between high-performing colleges vate sector in enhancing the quality of life for Ladesic, 68, held the post of county treas- and those not doing well should be clear. all Americans. And in the economic sphere, as Assessments are important as community urer for 17 years in Wyandotte County, be- Federal Reserve Chair Alan Greenspan fre- colleges make the case that they are vital to ginning in 1980 and retiring in 1997. She died quently points out, community colleges have the development and maintenance of an edu- at her home in Kansas City, Kan. ‘‘She liked the job of county treasurer be- an essential role to play. I was therefore very cated work force in Massachusetts. They cause she loved people,’’ remembered her should never again have to endure the deep pleased that the Boston Globe Editorial Board husband, William Ladesic. cuts in state aid—nearly 20 percent—they recognized Bristol Community College for the He recalled that as county treasurer, Mary have experienced since 2001. Not all commu- wonderful work it does. always kept $100 of her own money in a draw- nity colleges follow the example of Bristol in I have been fortunate to be the Representa- er for people who didn’t have quite enough providing essential services to students and tive of Bristol Community College in Congress money to pay their taxes. She’d give them the wider communities they serve. Those $20 or $15, and tell them they could come since 1983, and I have had numerous occa- that do earn the support and gratitude of ev- back and repay her later, he recalled. They sions during that time to see how well the eryone in Massachusetts. always did, he said. people at BCC perform. To former President f Eileen Farley and current President John ‘‘When she left that office, she took the TRIBUTE TO THE LATE MARY $100 with her,’’ he said. ‘‘She trusted the peo- Sbrega, I send my congratulations, along with ple. She wouldn’t say anything bad about my congratulations to all of the faculty, admin- LADESIC anybody. She was just a beautiful person.’’ istrators and students who have done so Ladesic said his wife was a good cam- much to make this institution an educational HON. DENNIS MOORE paigner. model. OF KANSAS ‘‘She treated people all alike, it didn’t make any difference,’’ Ladesic said. Mr. Speaker, community colleges are an es- IN THE HOUSE OF REPRESENTATIVES sential part of the way in which we should be He remembered that she used to tell him responding to economic change, and because Tuesday, April 27, 2004 that people would sometimes complain to Mr. MOORE. Mr. Speaker, I rise today to the treasurer about their taxes. Bristol Community College is such a good ex- ‘‘Any time they complain, I can’t say ample of how to do this, I ask that the editorial recognize the passing of Mary Ladesic, who they’re wrong, because any time you’re tak- from the Boston Globe be printed here. was the first woman elected to countywide ing money away from people, they should be [From the Boston Globe, Apr. 22, 2004] public office in Wyandotte County, Kansas. angry,’’ he remembered her telling him. A MODEL TWO-YEAR COLLEGE Elected as Wyandotte County Treasurer in Ladesic said Mary was an innovator in her Community colleges have a threefold mis- 1980, Mary Ladesic served in that position job, starting a ‘‘tag team’’ program and an sion: They prepare some students for further until her retirement in 1997. She died at her amnesty program for back taxes. She worked schooling, they educate others for imme- home on April 17. Born in Kansas City, MO, to get state laws changed in order to imple- diate entry into the work force, and they en- she lived in Kansas City, KS, for most of her ment the programs, he said. The license tag hance the skills of those who have already program raised $3 million in the first six life. months here, he said, and it won awards and been working for years. Bristol Community As Wyandotte County Treasurer, Mary College in Fall River has been performing became a model for other counties. these roles superbly for more than 30 years, Ladesic was a nationally recognized, innova- She also assisted in training new county and is a model for other community colleges tive manager, starting a ‘‘tag team’’ program treasurers at the state level, he said. around the state as they strive to prepare for marketing license plates that became a Ladesic recalled that Mary did volunteer Massachusetts residents for the jobs of today model for other Kansas counties and a suc- work with her church at the food kitchen. and the future. cessful amnesty program for collecting back ‘‘She’d do the work of three people and ‘‘This school is wonderful,’’ said Janet taxes. wouldn’t stop,’’ he recalled. She also did vol- Maynard, 39, who is getting an associate’s unteer work for Maur Hill School in Atch- Mary Ladesic also was active in partisan ison, Kan., and for local Democratic events, degree in nursing after a 19-year break from politics at the county and state levels, as a school. ‘‘The staff is incredible. They don’t he said. leave anybody behind.’’ Maynard, one of 6,600 member of the Southside Democratic Club ‘‘Mary was a pioneer in being the first students at Bristol, is juggling a paid job— and all Democratic clubs in Wyandotte Coun- woman elected to public office in Wyandotte one day a week at St. Anne’s Hospital in Fall ty, a lifetime member of the Kansas Federa- County,’’ said Don Denney, media relations River as a unit secretary—with the hard tion of Women’s Democratic Clubs, vice chair specialist for the Unified Government. ‘‘She work of rearing five daughters. St. Anne’s, of the Wyandotte County Democratic Central was a dedicated public servant and will never which has worked with Bristol’s nursing pro- Committee, and was awarded the Georgia be forgotten for what she accomplished.’’ gram for decades, is paying Maynard’s tui- She received the Georgia Neese Gray Neese Gray Award by the Kansas Democratic Award and other national awards. tion in the conviction that it is investing in Party in 1997. As the Party’s official descrip- a more skilled work force. ‘‘She was a diehard Democrat who worked Jason Brilhante, 21, attends Bristol be- tion of that award states, it is hard for her party,’’ Denney said. ‘‘My heart cause ‘‘it’s extremely affordable’’—$2,544 a reserved for presentation to Kansans who goes out to her husband, Bill, and the rest of year—‘‘and has high standards.’’ After grad- have served in elected office at the munic- the family.’’ uating from the two-year business program, ipal and/or county level and who have per- Ladesic was a member of the Southside he’ll go on to Bryant College in Smithfield, formed outstanding service to their local Democratic Club, and other Democratic R.I., with the aim of becoming a certified community in the pursuit of the principles of clubs in Wyandotte County, and had served public accountant. Bryant will give him a the Kansas Democratic Party. Such service as vice chairwoman of the Wyandotte Coun- partial scholarship, confident that his fine commends a lengthy and broad participation ty Central Committee of the Democratic work at Bristol will continue in later years. in public service endeavors to the city, coun- Party. ‘‘We partner with them all the time,’’ said ty and state. This award shall be considered Funeral services will be held at 11 a.m. Irene Olsen, retired personnel manager for the highest honor which can be bestowed by Wednesday at Stony Point Christian Church,

VerDate jul 14 2003 04:01 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A27AP8.005 E27PT1 April 27, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E653 149 S. 78th St. Visitation is from 4 to 8 p.m. including their pet Dalmatian. Jacob’s selfless GUARDSMAN AND RESERVISTS Tuesday at the church. act of valor is why the Boy Scouts of America FINANCIAL RELIEF ACT OF 2003 f are honoring him this year. ´ ARMENIAN GENOCIDE Mr. Speaker, I join his family, his Cub Scout HON. RAUL M. GRIJALVA Pack 3943, and all the people of the fifth dis- OF ARIZONA HON. JOE BACA trict of Illinois in recognizing Jacob for his IN THE HOUSE OF REPRESENTATIVES courage and for receiving the Heroism Medal. Tuesday, April 27, 2004 OF CALIFORNIA I am confident that Jacob will continue to set IN THE HOUSE OF REPRESENTATIVES a strong example for his brothers and sisters, Mr. GRIJALVA. Mr. Speaker, the passage of H.R. 1779 is a welcome first step in address- Tuesday, April 27, 2004 his peers, and young men and women across Chicago. I am very proud of Jacob Anish. ing the serious problems facing our National Mr. BACA. Mr. Speaker, I rise today to com- Guard and Reserve today. But as we once memorate the genocide of Armenians at the f again mobilize more troops and send them off hands of the Ottoman Empire. to fight, and possibly die, in an increasingly Starting in 1915, the Ottoman Empire tor- HONORING THE LATE KEITH hostile environment, we must ask ourselves tured and murdered up to one and a half mil- CYLAR why legislation such as H.R. 1779 has be- lion Armenians. More than half a million were come a necessary stopgap measure. forced to leave and went into exile. HON. CAROLYN B. MALONEY The very fact that Guard and Reserve mem- The Armenians settled across the world bers feel compelled to withdraw funds from lending energy and strength to their adoptive OF NEW YORK their IRA’s in order to pay the bills at home is communities. IN THE HOUSE OF REPRESENTATIVES unacceptable. It is important to recognize the historical Tuesday, April 27, 2004 Yet, this is precisely the problem: Current atrocities perpetrated against the Armenians. compensation and benefits programs for the We must teach our children about the fear, Mrs. MALONEY. Mr. Speaker, I rise to pay National Guard and Reserve were developed torture, mass graves, and expulsions of the tribute to the late Keith Cylar, a fearless, pas- more than 50 years ago, when it was ex- Armenian people. sionate and extraordinarily effective advocate pected that they would be mobilized only in Through education and commemoration, our for persons with AIDS. Keith Cylar dedicated the most dire national emergency. Over the children can grow up to be better citizens and his life to the health and well-being of the past dozen years, the Guard and Reserve better Americans. most underprivileged and neglected elements contract has changed dramatically, with more By recognizing genocide for what it is, the of our society, and his passing at the age of than 40 percent of members being called to world can wake up to the obscene nature that 45 is a terrible loss to the city of New York duty and in some cases, being repeatedly de- sometimes grips nations and work to prevent and indeed to the entire Nation. ployed without fulfilling the requisite off-duty the mass killing that devastated the Armenian A social worker by training, Keith Cylar was time period. H.R. 1799 is a band-aid measure people. the co-founder and co-President of Housing temporarily mending a broken system. Con- With this year’s commemoration of the Ar- Works, one of the largest and most prominent gress must and can upgrade Guard and Re- menian genocide, I urge all Americans to be non-profit organizations in the Nation dedi- serve compensation and benefits to better off- vigilant and watchful. We must prevent hatred cated to helping persons with AIDS. Through set the demands and sacrifices imposed on and bigotry. We must do all we can to prevent his leadership at Housing Works, Mr. Cylar the Guard and Reserve community. genocide. By commemorating the past, we helped to find housing for 15,000 New York- It is a great injustice that those who self- can make the future a better place to live. ers. He also oversaw and managed the deliv- lessly and voluntarily serve our country are not ery of social services, such as job training and f repaid in kind. By this I mean that Guard and health care referrals, to thousands of our most Reserve members are ineligible for military HONORING JACOB ANISH underprivileged citizens, who often had few health coverage, except while on active duty other resources upon which to draw. or after age 60. Although covered by HON. RAHM EMANUEL Keith Cylar was also a leader of uncommon TRICARE when mobilized, many Guard and OF ILLINOIS courage, an advocate who never hesitated to Reservists and their families are faced with IN THE HOUSE OF REPRESENTATIVES speak truth to power. Out of the fiery passions changing doctors and dropping private cov- that drove the AIDS activist group ACT-UP, he erage. We must provide adequate and com- Tuesday, April 27, 2004 and his partner Charles King forged a new prehensive health care coverage for the Guard Mr. EMANUEL. Mr. Speaker, I rise to con- kind of social service agency, one managed and Reserve community. It is my hope that gratulate ten-year-old Jacob Anish of Chicago and operated by people who themselves were this year’s Defense Authorization Act will in- for his recent act of bravery and for the honor battling AIDS and HIV. Ultimately Keith Cylar clude permanent authority for a fee-based of receiving the Heroism Medal awarded by helped transform Housing Works into one of TRICARE coverage for all drilling Guard and the Boy Scouts of America. the Nation’s premier agencies providing hous- Reserve members, and offer all such mem- Jacob achieved this accolade for the cour- ing to those afflicted by the AIDS epidemic. bers the option to have the government pay age he demonstrated on the evening of May He accomplished this with caring and compas- part or all of their employer coverage premium 21, 2003 when a fire broke out in his family’s sion, balancing a practical business acumen during extended activations. home. Awakened by the smoke, Jacob main- with a passionate advocacy that sometimes Loan forgiveness and increased education tained his calm despite the danger all around could be confrontational and uncomfortable for infrastructure funding for Guard and Reserv- him. At a time when many boys of Jacob’s elected officials and bureaucrats alike. Indeed, ists and their families should also be a top pri- age might have panicked, his first thought was because of the many demonstrations to pro- ority during this year’s budget deliberations. not to run for safety but to save his sleeping tect City funding for programs serving people Earlier this year, I received a letter from one younger brother, Gary. with AIDS that were organized in part by of my constituents and his wife who are both As the smoke thickened, Jacob swiftly found Housing Works, part of Park Row by New Guard Members. Both were more than willing his brother, then lifted him up and carried him York’s City Hall is still officially recognized to to serve their first tour of duty in Iraq, knowing from one side of the house to the other. The this day as ‘‘People with AIDS Way.’’ Pas- full well that this would delay by a semester house faded into darkness as Jacob fought sionate and uncompromising in his advocacy their graduate course studies. Six months through the danger to find the rest of his fam- for the underprivileged and afflicted, Keith later, both were facing yet another extension ily. Cylar never wavered from his mission or failed of active duty. Along with delaying their stud- Jacob did not hesitate, nor did he waver to deliver for the clients who counted on him ies and future career path, they are now also from the Anish family fire plan which called for and Housing Works. incurring interest on a loan which is not being him to carry his younger brother to the neigh- Because of his notable achievements on be- utilized. Congress must improve educational bor’s house and out of harm’s reach. He main- half of those battling disease and poverty and opportunities and benefits for Guard and Re- tained his composure throughout the fire like a his indomitable and distinctive presence, Keith servists by providing deferments and interest young hero and natural leader. Cylar’s spirit and determination have inspired payments for borrowers of student loans who Though their home was lost, Jacob’s stead- us all. I ask my colleagues to join me in salut- are called to active duty. fast courage and sharp instinct made the dif- ing his remarkable life and career, and recog- Health care, timely compensation, and edu- ference in saving each of his family members, nizing him as a great American. cation funding are only a few of the many

VerDate jul 14 2003 04:01 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.009 E27PT1 E654 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 2004 things we should and CAN provide to our care community’s medical, moral, and legal danger until the waves were crashing against Guard and Reserve members. Extending the obligation to fulfill its mission at all costs. their door. Let us not wait until we are on military pay raise, providing meaningful tax re- Patients continue to receive an abundance of the brink of disaster to accept the dire cir- cumstances that await us. It is time we rec- lief for military families, and improving overall health care services even as the economic vise on hospitals tightens. ognize the tide is rising against the health quality of life entitlement programs is the very The warning signs are easily recogniz- care industry. It is imperative that state and least we can do for the families and able—from the previously unacceptable federal governments, health care providers, servicemembers who have endured extraor- delays in gaining access to doctors to the in- industry leaders, and patients work coopera- dinary—and in some cases—supreme sac- tolerably long waits in emergency rooms to tively to find sustainable solutions to ensure rifices for our country. ambulances being diverted from hospital to that core medical services remain available The mistreatment of our Guard and Reserv- hospital. Because these cracks in the system to every resident of Massachusetts. ists and its repercussions on them and their have been incremental and the degeneration f families’ morale and well-being must stop. Is it of the system gradual, we have come to ac- cept them as routine when they are anything INTRODUCTION OF LEGISLATION too much to ask that our government provide but. They are, in fact, alarm bells signaling DESIGNATING THE NEWELL basic necessary services such as comprehen- the onset of a crisis. GEORGE POST OFFICE IN KAN- sive health coverage and timely compensation Today’s delays, long waits, and diversions SAS CITY, KS to our Guard and Reserve members? are mere inconveniences compared to what I urge my colleagues to include funding for may lie ahead. Do you want to see the day these measures in this year’s Defense Author- when patients are flatly turned away for HON. DENNIS MOORE ization Act and to push for passage of the lack of beds? Or when critical and costly OF KANSAS many proposals addressing these issues services, such as psychiatric care, are elimi- IN THE HOUSE OF REPRESENTATIVES which are currently stalled in Committee. nated? Or when resources become so scarce Tuesday, April 27, 2004 that only the fortunate few will have enough f money and power to afford access to the ad- Mr. MOORE. Mr. Speaker, joined today by HEALTH CARE’S BREWING STORM vanced technologies and treatments to which Representatives TODD TIAHRT, JIM RYUN and many currently feel entitled? JERRY MORAN, I am introducing legislation that Such dire scenarios may seem unthinkable would designate the United States Postal HON. BARNEY FRANK in a state whose health care system was once Service facility located at 550 Nebraska Ave- OF MASSACHUSETTS the model for the nation. But there’s a rap- nue in Kansas City, Kansas, as the ‘‘Newell IN THE HOUSE OF REPRESENTATIVES idly advancing storm poised to wreak havoc, already leaving shuttered local hospitals in George Post Office Building.’’ Tuesday, April 27, 2004 its wake. In 1980 there were 118 hospitals in Newell Adolphus George served as a mem- Mr. FRANK of Massachusetts. Mr. Speaker, Massachusetts. Today there are 67. ber of the 86th Congress, from 1959–61, rep- earlier this week I had the pleasure of insert- As president and CEO of one of the largest resenting the Second District of Kansas, which ing into this forum a very good editorial from community hospital systems in the state— was redesignated as the Third District fol- the Boston Globe about the excellent work and the largest employer in southeastern lowing the post-1960 congressional reappor- Massachusetts, it is my responsibility to that is done by Bristol Community College, tionment. He was a member of the House Vet- issue the storm warning, before it hits us erans’ Affairs Committee. Born in Kansas City, which I have been privileged to represent for head-on. more than twenty years. It is important for us I entered Massachusetts health care just Missouri, in 1904, he attended Hawthorne to spread good news. But it’s also important after the famous blizzard of 1978, an act of Grade School and Wyandotte High School in for us to give people the bad news, especially nature that caused more destruction than Kansas City, Kansas, as well as Wentworth when it is bad news that could be made worse most of us had ever experienced. The cost of Military Academy in Lexington, Missouri, and if we do not act. the destruction and the loss of life might Park College in Parkville, Missouri. One of the most important institutions in the have been less had we the capability to warn After studying law at the University of Kan- people just how bad it was going to be. part of Massachusetts which I represent is the sas City School of Law, Newell George ob- Already, we are seeing the state eliminate tained employment as a Capitol Hill elevator Southcoast Health System, which joins major insurance coverage for those who can least hospitals in Fall River, New Bedford and afford it. Health care providers are refusing operator through the patronage of Senator Wareham. The President of that system, John to provide essential services because they George McGill of Kansas and graduated from Day, is an extremely knowledgeable student of cannot receive reimbursement for those the George Washington University Law health care in America, and not only does a services. For the first time, many of my col- School. He then was an attorney for the Re- first-rate job of administering the hospital sys- leagues at hospitals have begun to discuss construction Finance Corporation in Wash- tem, he also has been an important source of the elimination of health care services. ington, D.C., from 1935–1937, a regional SouthcoastHealth System, which I oversee, counsel for the War Manpower Commission information for me and others about health gives me a close look at this dilemma. Our care policy. patient population is older, sicker, and poor- from 1942–43, and a regional attorney for the Sadly, but honestly, he recently wrote an er than elsewhere in Massachusetts. More Bureau of Employment Security and the Fed- op-ed piece in the Boston Globe which began than 75 percent of our patients rely solely on eral Security Agency from 1937–52. After the with the quote ‘‘warning’’ that ‘‘a devastating Medicare and Medicaid, which reimburse Democratic Party lost control of the Executive health care crisis is closer than you think.’’ hospitals substantially below our actual Branch, George served as first assistant Wy- John Day is deeply committed to providing the costs. Unlike public safety-net hospitals, andotte County Attorney from 1953–58. At that health care that people need, and he has community hospitals like Southcoast have point, he began running for Congress, losing no statutory entitlement to local or state to incumbent Republican Errett Scrivner in been a leader in providing it to people of funds in order to underwrite the cost of pro- below average income in a part of the state of viding free care to the uninsured. 1954 and 1956. In 1958, however, a strong Massachusetts where that has been an issue. Our merger of St. Luke’s Hospital in New anti-Republican tide ran through the farm and His eloquent plea for a change in our health Bedford, Charlton Memorial Hospital in Fall western states, resulting in the defeat of nu- care policy, and his dire—but hardly exagger- River, and Tobey Hospital in Wareham al- merous incumbent Senators and Representa- ated—warnings about what will happen if we lowed us to stabilize the financial footing of tives, including the defeat of Representative do not change, deserve our attention and I our region’s health care system. By cresting Scrivner by Newell George. efficiencies of scale and sharing resources, With Republican dominance returned to ask that his article be printed here. we now provide care where it is needed HEALTH CARE’S BREWING STORM Kansas in 1960, Representative George was most—in our own community. A decade ago defeated for re-election by Robert Ellsworth of (By John B. Day) there did not exist the continuum of care Warning: A devastating health care crisis that is available today for tens of thousands Lawrence, making Newell George the most re- is closer than you think. Like the side-view of families in southeastern Massachusetts. cent resident of Kansas City to represent Kan- mirrors on our cars that warn us ‘‘objects But while we are proud of these accom- sas in the U.S. Congress. After his defeat, are closer than they appear,’’ a rupture in plishments, we know that mergers, consoli- however, George was the first U.S. Attorney the Massachusetts health care system is dation, and cost-cutting maneuvers are not nominated for appointment by the new Ken- more of a real threat than it seems at first enough. The continuing state and federal nedy-Johnson Administration. Newell George or even second glance. The professional funding cuts leave many hospitals with no served as U.S. Attorney for Kansas from health care that patients receive today has choice but to cut core clinical services—serv- given us a false sense of security over the ices everyone expects to receive at their 1961–68. After losing another congressional imperiled state of the entire system. local community hospital. race in 1968 to Representative Larry Winn, Patients across Massachusetts have been During the blizzard of ’78, many coastal Jr., George practiced law privately in Kansas insulated from this reality by the health residents refused to believe they were in real City, Kansas, and died in 1992.

VerDate jul 14 2003 04:01 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.012 E27PT1 April 27, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E655 Married to the former Jean Hannan of Kan- As U.S. troops fight in Iraq, a safe and King single-handedly revolutionized women’s sas City, Kansas, Newell George was an in- democratic Israel becomes ever more impor- tennis, bringing world attention to the excite- trepid public servant and active, concerned cit- tant. America stands side-by-side with the only ment of the women’s game and fighting to en- izen. In addition to his political activities, he democratic nation in the Middle East and com- sure that men and women compete for equal was a member of Abdallah Shrine, Scottish memorates the 56th anniversary of its inde- prize money. King’s brilliant play and Rite; a master of the West Gate Masonic pendence. unyielding quest for equal opportunities Lodge; president of the Kansas City, Kansas, f opened doors for all women competing in Hi-12 Club; a member of the Kansas State Hi- sports. HONORING NORTHSIDE COLLEGE 12 Association; a member of the Breakfast A true star in her own right, King won a PREPARATORY HIGH SCHOOL Optimist Club; a member of the Wyandotte record 20 Wimbledon titles (winning women’s County, Kansas and American Bar Associa- singles 6 times, doubles 10 times and mixed tions, the American Judicature Society, Delta HON. RAHM EMANUEL doubles 4 times), 13 U.S. Open titles and 29 Theta Phi law fraternity, the American Acad- OF ILLINOIS Virginia Slims singles titles. King is the only emy of Political And Social Science, the Kan- IN THE HOUSE OF REPRESENTATIVES woman to win U.S. singles titles on all 4 sur- sas City, Kansas Chamber of Commerce, the Tuesday, April 27, 2004 faces on which it has been played (grass, Terrace Club, the Top o’ the Morning Club, Mr. EMANUEL. Mr. Speaker, I rise to con- clay, carpet and asphalt). She is one of only and the First Presbyterian Church of Kansas gratulate Northside College Preparatory High 8 players to hold a singles title in each of the City, Kansas. School of Chicago for its achievement on win- Grand Slam events. In 1967, she won the tri- Newell George’s other public service in- ning the first place title in the citywide Aca- ple crown of singles, doubles and mixed dou- cluded membership on the Kansas Public Dis- demic Decathlon and the second place posi- bles championships at both Wimbledon and closure Commission; the Civil Service Com- tion at the Illinois Academic Decathlon com- the U.S. Open. mission of Kansas City, Kansas; the Kansas petition on March 13, 2004. In 1968, King became professional and by State Government Ethics Commission; and The Academic Decathlon is a team competi- 1971, she was the first woman athlete in any service as a director of the Kansas Multiple tion wherein students are tested through a di- sport to earn more than $100,000 in a single Sclerosis Society. Nicknamed ‘‘Punk’’ by his verse group of scholastic categories including: year. Over the course of her career, she friends, George’s other activities included art, economics, essay interview, language and earned nearly $2 million in prize money. By managing a string of boxers, after boxing him- literature, mathematics, music science, social the time she stopped playing competitively in self at Wentworth Military Academy; bowling; science and speech. 1984, she had won 71 singles championships and adding to a collection of old books—main- With up to nine members from each team and had been ranked in the world’s top ten 17 ly Bibles and McGuffey readers—begun by his competing in all ten events of the decathlon times, number one in the world 5 times and father. and representing a diversity of scholastic apti- number one in the U.S. seven times. Explain- In short, Mr. Speaker, Newell A. George tude, the true spirit of this year’s ‘‘America: ing her success, she has said, ‘‘No one was the kind of community oriented, politically The Growth of a Nation’’ theme has been ad- changes the world who isn’t obsessed.’’ active individual who made things happen on vanced. King had been a strong advocate of wom- the state and local level in so many American The decathlon, which was first created by en’s tennis and women’s rights throughout her cities during the middle third of the twentieth Dr. Robert Peterson, has helped maximize the career. She convinced her colleagues to form century. With regard to Kansas and Kansas learning potential of young minds through a players’ union in 1973, the Women’s Tennis City, he was one of a small but hardy group competitive challenge. Northside College Pre- Association. She was then the 1972 U.S. of Democratic activists who kept two-party paratory has shown its ability to shine among Open women’s singles champion and had government alive in one of our country’s most the best and brightest of Chicago’s academic been outraged that her prize money was Republican states. It is fitting, therefore, that community. $15,000 less than the male champion. She the House consider the legislation introduced As winners of the citywide Academic De- threatened not to play unless the prize money today by the bipartisan Kansas House delega- cathlon, the eight students from Northside Col- was equalized by the following year and she tion that will designate Kansas City, Kansas’, lege Prep High School went on to compete in persuaded U.S. Open organizers that the civic center post office in memory of U.S. Rep- the Illinois Academic Decathlon, and partici- other women players would also sit out the resentative Newell George. pated in the semifinals of one of the most game. In 1973, the U.S. Open became the prestigious high school academic competition f first major tournament to offer equal prize in the United States. money for men and women. ISRAEL INDEPENDENCE DAY I commend each of our Northside College In 1973, she accepted a challenge from Preparatory High School competitors: Andrew Bobby Riggs, former Wimbledon champion HON. JOE BACA Miller, Catherine Cobb, Gathi Abraham, John and self-professed male chauvinist pig. The Fitzgerald, Caitlin Lill, Aidan Roche, Geoffrey OF CALIFORNIA prize was a winner-take-all $100,000. The Kriston and Daniel Roe. IN THE HOUSE OF REPRESENTATIVES heavily promoted match drew 30,472 spec- Reaching this level of competition is a tre- tators to the arena and attracted 50 million tel- Tuesday, April 27, 2004 mendous achievement and one that deserves evision viewers worldwide, a record for any Mr. BACA. Mr. Speaker, I rise today to com- special recognition. Northside College Pre- tennis match. King played along with the the- memorate the 56th anniversary of Israel’s paratory students set the strong example for atrics: She was carried in on a litter by four independence. academic excellence that the Academic De- men in short togas. Riggs was wheeled in on For 56 years, Israel has faced existential cathlon seeks to attain. a rickshaw pulled by models he dubbed ‘‘Bob- threats. Born out of the ashes of the Holo- Mr. Speaker, I join with all residents of the by’s Bosom Buddies.’’ Once the game got un- caust, Israel has offered its shores to the most Fifth Congressional District of Illinois in con- derway, however, they were all business. King vulnerable of the world’s Jewry. gratulating Northside College Preparatory High thrilled the crowd with an outstanding game of Israel is a refuge to the persecuted and has School on its achievement. I wish the Aca- tennis, beating Riggs in straight sets, 6–4, 6– rescued Jews from Germany, Morocco, Iraq, demic Decathlon competitors the best of luck 3 and 6–3. She proved that women’s tennis Iran, Cuba, Ethiopia, Russia and other coun- and continued success as their education con- was at least as exciting as the men’s game, tries where Jewish minorities were threatened. tinues. I am very proud of these young and fu- and that women deserved the same attention She has persevered because to fail would ture leaders of tomorrow. It is my privilege to and prize money as their male counterparts. take away the one safe haven that Jews represent them in the U.S. Congress. King co-founded the Women’s Sports Foun- around the world have from historical charges f dation, dedicated to promoting sports opportu- and anti-Semitic acts. HONORING BILLIE JEAN KING nities for women. In 1989 she helped found It was 56 years ago that the Jewish State of the coed World Team Tennis and served as Israel declared its independence and became HON. CAROLYN B. MALONEY its CEO. She is currently the director and offi- the first and only democratic nation in the Mid- cial spokesperson for the organization, as well OF NEW YORK dle East. as a TV commentator. IN THE HOUSE OF REPRESENTATIVES In those 56 years, Israel has defended itself Additionally, King coached the U.S. Olympic from war, terrorism and anti-Semitism. It has Tuesday, April 27, 2004 team, leading the U.S. squad to four Olympic endured unbearable losses and terrible sac- Mrs. MALONEY. Mr. Speaker, I rise to medals. She also coached the U.S. Fed Cup rifices. honor Billie Jean King, a true American hero. teams to victory in 1976, 1996, 1999 and

VerDate jul 14 2003 04:01 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.017 E27PT1 E656 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 2004 2000. In 2003, she was awarded the pres- since grown to become a popular annual at- elderly. WSO ministers to the elderly through tigious Philippe Chatrier Award, the Inter- traction for families from all over Central Mas- Wesley Hall and Lincoln Crawford, both skilled national Tennis Federation’s highest honor. sachusetts. nursing and rehabilitation facilities, and Wes- That year she was also one of six inaugural Mr. Speaker, while these very public accom- ley Community Services, which serves seniors inductees in the Court of Champions at the plishments have placed Mary Rose’s indelible in their homes. Dr. Mayfield has been a mem- USTA National Tennis Center. handprint on the Town of Clinton, they do not ber of the WSO Board of Directors since In 1990, Life Magazine named her one of begin to fully describe the tremendous con- 1965; and in 1980, he helped to raise the the 100 Most Important Americans of the 20th tributions and sacrifices she has made on its funds to build a new nursing facility for Wesley Century—the only female athlete to win the behalf. As we know, many of the good deeds Hall. He also led the effort to regain Lincoln honor. She is a member of the International performed by elected officials go unnoticed Crawford’s financial stability. Tennis Hall of Fame and the National Wom- and unrecorded. For 18 years, Mary Rose has Dedicated to many organizations in our en’s Hall of Fame. She was also named graciously taken the nightly phone calls at area, Dr. Mayfield has volunteered with Hos- Woman of the Year by Time Magazine in home, politely endured the interrupted trips to pice of Cincinnati, the Elizabeth Gamble Dea- 1976. On April 27, 2004, King is the recipient the grocery store and faithfully attended the coness Home Association, the American Can- of the National Woman’s Party’s Alice Award, countless committee meetings and public cer Society, Cancer Family Care, and prison in honor of her groundbreaking work on behalf hearings. She has endeavored whenever pos- ministries. of women in sports. sible to help those who sought her capable Dr. Mayfield has received numerous awards Mr. Speaker, I ask my colleagues to join me assistance and to better her community for fu- for his community service. In 1999, he was the in celebrating the achievements of Billie Jean ture generations to enjoy. Through it all, she recipient of the Greater Cincinnati Founda- King, a sports legend, feminist, and champion. has maintained a well-deserved reputation for tion’s prestigious Jacob E. Davis Volunteer f honesty and integrity and earned the respect Leadership Award, which is presented annu- of her colleagues for her keen intellect, diligent ally to an outstanding volunteer in the commu- TRIBUTE TO MARY ROSE work ethic and an unfailing fidelity to the nity, who then awards the money to a non- DICKHAUT, SELECTMAN, TOWN town’s best interests. profit organization. Dr. Mayfield designated OF CLINTON, MASSACHUSETTS Mr. Speaker, the Town of Clinton, the Com- WSO. monwealth of Massachusetts and the United All of us in the Greater Cincinnati area HON. JAMES P. McGOVERN States of America owe Mary Rose Dickhaut a thank Dr. Mayfield for his service and con- OF MASSACHUSETTS debt of gratitude for her years of dedicated gratulate him on receiving this well-deserved IN THE HOUSE OF REPRESENTATIVES service. Accordingly, I respectfully request that honor. Tuesday, April 27, 2004 this esteemed body convey its heartfelt appre- f ciation to Mary Rose for her efforts and our Mr. MCGOVERN. Mr. Speaker, I rise today best wishes for a happy, healthy and enjoy- EASTER CRACKDOWN ON THE to pay special tribute to one of the many great able retirement from public life. MONTAGNARDS local officials who provide such dedicated Madam Chairman, you have earned it. service to the cities and towns all across this f HON. CHRISTOPHER H. SMITH country that we are privileged to represent. OF NEW JERSEY HONORING THE REV. DR. L.H. Because our office requires that we are fre- IN THE HOUSE OF REPRESENTATIVES quently away from our constituents, I think we MAYFIELD sometimes fail to fully appreciate and seldom Tuesday, April 27, 2004 still acknowledge the daily demands that our HON. ROB PORTMAN Mr. SMITH of New Jersey. Mr. Speaker, mayors, city councilors and selectmen en- OF OHIO Easter is usually a joyous time for Christians counter in the communities where they live IN THE HOUSE OF REPRESENTATIVES throughout the world. Unfortunately, that was and serve. not the case this year for many Montagnards For no less than 18 years, Mary Rose Tuesday, April 27, 2004 Christians, ethnic minorities in Vietnam’s Cen- Dickhaut has met and mastered those daily Mr. PORTMAN. Mr. Speaker, I rise today to tral Highlands. On Saturday April 10, more demands as a selectman in the Town of Clin- recognize the Rev. Dr. L.H. Mayfield, a friend, than a thousand ethnic minority Christians as- ton, Massachusetts. On Tuesday, May 4th, fellow member, and retired pastor of Hyde sembled in the streets of Buon Ma Thuot to she will return to life as a private citizen, leav- Park Community United Methodist Church in protest ongoing religious repression and con- ing behind a sterling example of civic commit- Cincinnati, who will receive the Wesley Foun- fiscation of tribal lands. ment and selfless devotion to one’s home- dation United Methodist Campus Ministry in Their peaceful protests were met with brutal town. Cincinnati’s 2004 Spirit Award on May 4, force by the Vietnamese police, who attacked Mary Rose’s tenure both as a member of 2004. and arrested the protesters and sealed off the the Board of Selectmen and as Chairman is Although he will be recognized by the Wes- area to foreigners—much like the Chinese unsurpassed in a community widely known for ley Foundation for his work with young people, Tiananmen Square massacre in 1989. its rich and vibrant political culture. Her public some say that Dr. Mayfield is best known for Numerous reports state that hundreds may service is remarkable not only for its longevity his attention to the needs of the poor, dis- be dead with many others arrested, injured, and distinction as the town’s first and only fe- advantaged, and elderly. We can all agree and or in hiding. This follows years of ongoing male selectmen but for its impressive record that he celebrates life and has made a dif- persecution and a brutal crackdown in Decem- of achievement as well. ference in all that he does. ber of 2001, when the government also forc- After nearly two decades, there is scarcely The Wesley Foundation United Methodist ibly suppressed mass protests in the region, a local issue or major municipal project in the Campus Ministry in Cincinnati has been serv- after which the Vietnamese government Town of Clinton that has not benefitted from ing Cincinnati’s young adults in higher edu- closed hundreds of Christian Churches. the strong, steady and forceful advocacy of cation since 1925. The Wesley Foundation’s Religious persecution in Vietnam against Mary Rose Dickhaut. She led the town in its ministry is a welcoming, affirming community Catholics, Christians, members of the Unified historic battle against the Massachusetts that nurtures spiritual growth and empowers Buddhist Church, and members of Vietnam’s Water Resources Authority to enforce a cen- students to explore, enrich, and practice their indigenous religious groups has been well tury old agreement to provide drinking water to faith. documented in the State Department’s Coun- the citizens of Clinton. She championed the Dr. Mayfield was a member of the Wesley try Reports on Human Rights and International restoration of the community’s Town Hall, the Foundation Board of Directors for 10 years. Religious Freedom. revitalization of its downtown and the expan- He was chairperson of the board while Last year, the Commission on International sion of its police station. Long before it was pastoring the Mt. Auburn United Methodist Religious Freedom recommended Vietnam fashionable to do so, Mary Rose urged the Church and serving as chaplain at Christ Hos- should be designated as a Country of Par- town to invest in its rapidly deteriorating water pital. Dr. Mayfield was instrumental in expand- ticular Concern for ‘‘systematic, egregious, and sewer infrastructure. In 1999 and 2000, ing Wesley Foundation to a full-time campus and ongoing’’ religious freedom abuses. As if she cochaired the town’s 150th Anniversary ministry with a building close to the university. there was any doubt, the Easter crackdown Celebration Committee which planned, among Dr. Mayfield has committed his time and en- confirms the fact that Vietnam should be des- many other memorable events, the first Olde ergy to the Wesley Services Organization ignated as a Country of Particular Concern for Home Days Festival in Central Park that has (WSO), a ministry that provides services to the violations in religious freedom. Protections and

VerDate jul 14 2003 04:01 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.019 E27PT1 April 27, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E657 assistance for Montagnard asylum seekers was run over by a tractor driven by TESTIMONY: THE KILLINGS ON PHAN CHU should be provided also be provided by the Montagnards. While it is impossible to con- TRINH ROAD Cambodian government and the UN High firm the numbers of casualties because the A twenty-six year old Ede woman de- government is barring outside observers Commissioner for Refugees. scribed a deadly incident she witnessed on from the region, to date Human Rights Saturday morning, April 10 when several Congress will continue to keep up the pres- Watch has received credible eyewitness ac- sure on the regime in Hanoi. We will work to thousand Montagnard protesters, some counts that at least ten Montagnards were riding on their farm tractors, arrived at pass H. Con. Res. 378, a resolution calling for killed—one from a gunshot wound to the Phan Chu Trinh road, an industrial area of the release of Father Nguyen Van Ly, a promi- head and the others from beatings and hun- machine shops and welding supply stores on nent and outspoken Catholic priest, that was dreds were wounded. the outskirts of Buon Ma Thuot. Police had reported out of the House International Rela- Clashes broke out at more than a dozen lo- lined up students and ethnic Vietnamese tions Committee and has nearly 90 cospon- cations when security forces and ethnic Viet- men in civilian clothing holding metal bars, sors. namese in civilian clothes blocked dem- shovels, and machetes along the roadway, And we will also work to pass H.R. 1587, onstrators on roadways leading into Buon she said. ‘‘The Vietnam Human Rights Act,’’ which calls Ma Thuot, including Phan Chu Trinh Road ‘‘They suddenly rushed at the unarmed northwest of the city; at Ea Knir Bridge on for careful monitoring of human rights in Viet- crowd, beating the demonstrators until the road from Ea Kao commune, which lies many were lying in the streets,’’ she said. nam. Similar legislation cleared the House east of the city; and at three locations along ‘‘They chased demonstrators who tried to 410–1 in the 107th Congress but stalled in the the road leading to Krong Pak district town, flee, including children and women.’’ Senate. which lies northeast of the city, including She and many other demonstrators fled to Mr. Speaker, I would like to submit the fol- the Ea Pak and Krong Ana bridges. Particu- the coffee fields behind the shops lining the lowing articles by Human Rights Watch detail- larly hard hit at Phan Chu Trinh Road were roadway, chased by security forces. She de- ing the events of the Easter crackdown, to the 3,000 protesters from several villages in Cu scribed what happened: CONGRESSIONAL RECORD. Mgar district, northwest of Buon Ma Thuot. ‘‘A thousand people tried to get away from The United States and the world cannot turn ‘‘The security forces were well prepared for the slaughter by the police and civilians. a blind eye to this Easter crackdown and con- the protesters,’’ said PoKempner. ‘‘They had They were beating us with metal bars and tinual persecution of Montagnards and reli- set up ambushes at key places such as sticks. People were bleeding from their bridges and the main roads into the city, and throats, noses, mouths, and eyes. The vil- gious groups in Vietnam. We must take a assembled people dressed as civilians holding lagers were crying as they tried to get away stand. crude weapons to block the roads and attack from the slaughter by the police and civil- [Article from Human Rights Watch] the protestors.’’ ians. We were running helter-skelter. Those VIETNAM: OPEN CENTRAL HIGHLANDS TO Security officials confiscated and burned who tried to hide in the coffee plantation INTERNATIONAL OBSERVERS REPORTED hundreds of the farm tractors and makeshift were caught, beaten and killed on the spot. KILLINGS OF MONTAGNARD PROTESTERS trailers that many Montagnards were trav- Police, students, and Vietnamese threw MUST BE INVESTIGATED IMMEDIATELY eling on, which had been packed with food rocks at us. Many of us were bleeding from (NEW YORK, April 22, 2004)—Vietnamese se- and supplies in preparation for several days being hit on our heads with rocks. Many peo- curity forces appear to have coordinated of protests. ple were injured and bleeding. We didn’t have with armed men in civilian clothing to sav- In Gia Lai province, Vietnamese state any first-aid for their wounds. They were agely attack Montagnard protesters at more media reported that demonstrators from bleeding from their throats, noses, mouths, than a dozen mass demonstrations during Ayun Pa, Cu Se, Dak Doa, Duc Co and Chu and eyes. A blind woman sitting on the farm Easter weekend, Human Rights Watch said Prong districts gathered at the provincial tractor was killed on the road by a dozen Vi- today. administrative offices in Pleiku provincial etnamese people, including police. They ‘‘The international community must act town on April 10. on April 11, Montagnards asked her to get down from the tractor but now and insist that Vietnam allow inde- gathered to demonstrate in numerous com- she could not because she was blind. They pendent observers into the highlands to con- munes in Ayun Pa, Cu Se, and Dak Doa dis- rushed at her and beat her until she fell from duct a thorough and impartial investiga- tricts of Gia Lai. Human Rights Watch has the tractor and died. The police and Viet- tion,’’ said Dinah PoKempner, General Coun- received reports of clashes in at least seven- namese civilians smashed and stepped on our sel for Human Rights Watch. ‘‘We’ve re- teen locations in Gia Lai, with the fiercest food, clothing and blankets we had prepared ceived alarming reports that scores of pro- incidents occurring in Ha Bau, A’Dok and for a long-term peaceful demonstration ask- testers were wounded during the demonstra- Glar communes of Dak Doa district and Ia ing for freedom and the end to harassment of tions, and that some protesters were beaten Tiem commune of Cu Se district. our religion and our Montagnard life.’’ to death.’’ State media reported that the provincial Large-scale unrest involving between 10,000 hospital in Pleiku received fifty-two injured f and 30,000 indigenous minority Montagnards people. The provincial hospital in Dak Lak occurred in the Central Highland provinces reported forty injured people on the night of HONORING NORVA MAXWELL, VIS- of Dak Lak, Gia Lai, and Dak Nong on April April 10. Prior to a government-imposed ITING NURSE ASSOCIATION OF 10 and 11, according to Vietnam’s state news blackout on hospital personnel, staff at AMERICA CLINICIAN OF THE media and independent accounts. Pleiku hospital told reporters that they had YEAR Montagnard activists in Vietnam and abroad received scores of wounded people on Sunday say that their movement seeks to peacefully night, many with deep gashes and head inju- press for religious freedom and return of an- ries, and that at least two demonstrators HON. FRANK PALLONE, JR. cestral lands in the Central Highlands. The died that night. Many other wounded dem- OF NEW JERSEY Vietnamese government has charged that onstrators, fearing arrest, have not gone to IN THE HOUSE OF REPRESENTATIVES ‘‘anti-government’’ and ‘‘counter-revolu- the hospitals despite being in need of med- tionary’’ elements are inciting the ical attention, Human Rights Watch said. Tuesday, April 27, 2004 Montagnards to seek a separatist state. Human Rights Watch has received first- Witnesses said authorities quickly col- Mr. PALLONE. Mr. Speaker, I would like to hand reports that security forces and men in lected wounded people and dead bodies from take this opportunity to congratulate Norva civilian clothing, armed with metal bars, the Phan Chu Trinh area, and that within Maxwell of the Visiting Nurses Association of shovels, clubs with nails attached to them, days, the blood on the roadway had been Central Jersey. Ms. Maxwell was recently cho- washed away. machetes, and chains, confronted sen as the Visiting Nurse Association of Amer- Montagnard protesters at more than a dozen Human Rights Watch stressed the urgency of an independent investigation. ‘‘We fear ica VNAA, Clinician of the Year among 90,000 locations leading into Buon Ma Thuot, the VNAA Clinicians nationwide. capital of Dak Lak province, on the morning that a huge cover-up operation has likely al- of April 10. According to witnesses, the dem- ready taken place,’’ said PoKempner. ‘‘The Norva Maxwell’s holistic approach to patient onstrators were not armed, although some Vietnamese government needs to account for care makes her highly effective as a commu- defended themselves when attacked by the large numbers of people who never re- nity health nurse. Her clinical skills are impec- throwing stones at the police. turned to their villages after the demonstra- cable. Her patience, sensitivity, and thorough- In twelve eyewitness accounts obtained by tions and are now feared to be dead or de- ness allow her to detect problems others Human Rights Watch, sources from seven tained at unknown locations.’’ might have missed. In a number of instances, different locations in Dak Lak, Gia Lai and Hundreds of Montagnards have fled their her experienced assessment has resulted in Dak Nong provinces described seeing Viet- villages and gone into hiding, Human Rights appropriate interventions for patients with as- namese police, and civilians working with Watch said. In violation of Cambodia’s obli- the police, beating protesters. Vietnam’s gations under international law, Cambodian sessment of respiratory distress, changes in state-controlled media reported that two security forces have been instructed to de- mental status, or exacerbated injection. protesters were killed—one from rocks port any Montagnards who try to cross the Patients and families aptly describe Norva thrown by other protesters and another who border. as ‘‘a credit to the nursing profession.’’ There

VerDate jul 14 2003 04:01 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.020 E27PT1 E658 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 2004 are countless examples of Norva going be- TRIBUTE TO THE STATE OF And, as we all know, the Israel Defense yond the requirements of her job, visiting pa- ISRAEL ON THE 56TH ANNIVER- Forces have made their reputation on the field tients on her own time to bring them home- SARY OF ITS INDEPENDENCE of battle as one of the premier military organi- made chicken soup or picking up medications DAY zations in human history. Unfortunately, trag- at the pharmacy. ically, they have been compelled to do so by Norva provides professional and empathetic HON. GARY L. ACKERMAN circumstances not of their choosing. Israel has care to people of all ethnic, cultural, and finan- OF NEW YORK been under attack and at war for every single cial backgrounds in a very ethnically diverse IN THE HOUSE OF REPRESENTATIVES day of its existence. This painful fact is not now, and never has been, a result of the service area. Due to her extensive knowledge Tuesday, April 27, 2004 of area social programs, Norva regularly de- choices of Israel’s government which has al- velops a safety net of services for patients Mr. ACKERMAN. Mr. Speaker, I rise to add ways sought peace and been desperate to ready for discharge. my voice to the chorus of Members sharing make peace. their warm wishes, praise, and congratulations Mr. Speaker, no other country in the entire Norva is a member of the Salvation Army, to the State of Israel on its 56th anniversary world is forced to endure a state of constant and she and her family have worked at the of its Independence Day. I too am deeply siege. No other country in the world regularly Salvation Army camps for many years. Norva gratified and proud of the many accomplish- endures calls by other states for its extirpation. is always an active volunteer with a shelter for ments of this relatively young country and the No other country in the world suffers the indig- homeless families, and has made it possible ancient people who have brought it into being nity of having terrorists committed to its de- for the families to spend a week at the camp and sustained it against astonishing odds. struction routinely described merely as ‘‘mili- each summer. Last week, Members commemorated Yom tants,’’ or praised as ‘‘martyrs.’’ No other coun- Mr. Speaker, again, I congratulate Norva HaShoah, Holocaust Remberance Day; today, try in the world is so unfairly isolated and rou- Maxwell who’s strong clinical skills, compas- Yom HaAtzmaot, Israel Independence Day. tinely singled out for criticism and contempt. sionate spirit and interaction with the commu- Appropriately, we go from tragedy to celebra- Since President Harry Truman decided to nity make her a true Ambassador for her tion, but there is no question the two events ignore his advisors and chose to support the agency and for neighborhood nursing. and the two moods are inseparable. Without creation of Israel, the United States has been the singular tragedy of the Holocaust there a true friend and ally to the Jewish State. Our f might not have been a State of Israel created; values, our heritage, and our interests guide REV. EDWARD LISOWSKI CELE- with a State of Israel in existence, there might our special relationship, and it is no surprise BRATES THE ANNIVERSARY OF not have been a Holocaust. Bonded together our ties have only gotten stronger. In a time HIS 40TH YEAR OF ORDINATION are birth and death; bottomless despair and when both countries have been compelled to limitless hope. fight back against terrorism, there is no ques- Unquestionably, Israel has achieved more tion we will only go from strength to strength. HON. GERALD D. KLECZKA than anyone might have believed fifty-six Mr. Speaker, I am enormously proud of the OF WISCONSIN years ago. The Jewish State has created and ties between our nation and the State of sustained the only true democracy in the en- Israel, and equally so, the support this House IN THE HOUSE OF REPRESENTATIVES tire Middle East. Faced with an unending se- has shown again and again, without fail. On Tuesday, April 27, 2004 ries of defensive wars, stringent military serv- this occasion celebrating the 56th anniversary of Israel’s Independence Day, I know the Mr. KLECZKA. Mr. Speaker, I rise today to ice requirements and necessarily high defense whole House joins me in extending to the acknowledge and honor the work of Father spending, in the entire region, Israel is the Israeli people and their government the most Edward Lisowski who is celebrating the 40th only country which routinely lives with genuine enthusiastic of congratulations and best wish- anniversary of his ordination into the priest- respect for civil rights, rule of law, due proc- es for the many, many years of freedom and hood of the Milwaukee Archdiocese. He was ess, and authentic elections that reflect the will prosperity that are certain to come. ordained by Archbishop William E. Cousins at of a free people. The only state in the Middle St. John’s Cathedral on May 30, 1964. East with a culture that is Western and open, f full of dissent and argument, pulsing with inno- Over the years Father Lisowski has served HONORING THE LIFE OF LAKE vation in the arts and constantly open to in a variety of capacities including Pastor or CHARLES NATIVE JEFFREY change is Israel. In the sphere of economics, Associate Pastor for 18 years. He has been a PARKER Israel has transformed itself into miniature Chaplain for 22 years with the Department of powerhouse. Israel’s economy is vibrant and Veterans Affairs, serving veterans at the Za- dynamic, pushing the boundaries of tech- HON. CHRISTOPHER JOHN blocki VA Medical Center and the North Chi- nology and attracting venture capital at a re- OF LOUISIANA cago Veterans Administration Hospital. markable rate. Israeli scientists, doctors and IN THE HOUSE OF REPRESENTATIVES Father Lisowski has devoted his life to serv- engineers routinely contribute to the body of Tuesday, April 27, 2004 ing parishioners and patients of all walks of human knowledge, and produce inventions Mr. JOHN. Mr. Speaker, on Friday, April 9, life and has generously and compassionately that make all our lives safer, more convenient 2004, my district suffered the loss of a brave offered his support and spiritual guidance. A and more enjoyable. American. KBR Contractor Jeffrey Parker of gifted and talented speaker and educator he Given the historic combination of its empha- Moss Bluff, LA, was killed in an attack on a continues to offer his wisdom and comfort to sis on education and technology, and the free- fuel convoy while working as a truck driver in all who are in need. dom enjoyed by the Israeli people, it is no sur- Iraq. Jeff was one of seven contractors and Born in Cudahy, WI, to Wallace and Victoria prise that Israel, with a population of only a two U.S. soldiers reported missing in the at- Lisowski in 1936 he received his first Sacra- few million, has a gross domestic product tack. ments at Holy Family Parish in Cudahy grad- above $100 billion and an industrial base As he is laid to rest in Louisiana, we honor uating from the grade school and later grad- greater than all its neighbors combined. Not his commitment to his family, his work, and his uating from Don Bosco High School. He also surprising but still miraculous. country. As his company noted, these contrac- completed a bachelor of arts in philosophy de- Even more amazing is that Israel has tors that lost their lives were ‘‘brave hearts gree from De Sales University, which was fol- achieved all this while also fulfilling its man- without medals, humanitarians without pa- lowed by 4 years of study of Theology at St. date as the safe harbor and refuge of the Jew- rades, and heroes without statues.’’ Francis Seminary. Father Lisowski was also ish People. To succeed as Israel has is re- Neighbors described him as a ‘‘friend to ev- granted a master’s degree from Marquette markable; to do so while absorbing millions of eryone.’’ Jeff was one of nine children in the University in 1979. In addition to taking exten- Jewish refugees from post-War Europe, the Parker family. He was a father and a grand- sive and advanced training in Clinical Pastoral Arab states, from Ethiopia, and from the father. He was to be married this summer Education Father Lisowski has distinguished former Soviet Union is unfathomable. Millions after his work in Iraq was completed. himself by serving on several prestigious pro- of Jews from around the world, including this He took the job with KBR in Iraq to provide fessional boards and organizations. country, have made alliyah, have ‘‘gone up’’ to for his loved ones. He served his country in a I want to congratulate Father Lisowski on the Land of Israel, and made it their home. vital support role and he tackled his job with this his 40th anniversary of commitment to The result is a country which is an incredible courage, conviction, and bravery. He will be God and the Catholic Church and extend my mosaic, a new country formed in a timeless remembered as a hero whose spirit and deter- best wishes to him on this important occasion. land by an ancient people. mination defines the American spirit.

VerDate jul 14 2003 04:01 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.023 E27PT1 April 27, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E659 To his family, I humbly extend my thanks IN HONOR OF THE 75TH BIRTHDAY Alex Madonna was a second generation and the sincere appreciation of a grateful com- FOR THE UNIVERSITY PARK EL- American whose grandparents emigrated from munity, State, and country for his sacrifice. On EMENTARY SCHOOL Switzerland. A self-made man who was guid- behalf of the people of the 7th Congressional ed by a strong work ethic, Alex made his mark District and the U.S. Congress, I extend my HON. PETE SESSIONS building and paving highways throughout the heartfelt sympathy to the Parker family. state and in numerous building projects. Dur- OF TEXAS ing World War II, Alex used his construction IN THE HOUSE OF REPRESENTATIVES f skills as a soldier in the Army Corps of Engi- Tuesday, April 27, 2004 neers. A champion of the agricultural commu- CONGRATULATING STUDENTS Mr. SESSIONS. Mr. Speaker, I rise today to nity, Alex was also known as ‘‘the host from FROM NASHVILLE’S HILLSBORO pay tribute to the 75th Birthday for the Univer- the coast’’ at the Madonna Inn, a landmark in HIGH SCHOOL ON THEIR sity Park Elementary School in Dallas, Texas. San Luis Obispo. ACHIEVEMENTS IN THE NA- I am proud to represent the University Park El- In addition to his numerous business ac- TIONAL ‘‘WE THE PEOPLE’’ ementary School in Congress, and four of my complishments, Alex Madonna was also a phi- CIVICS COMPETITION staff members in my Washington, D.C. and lanthropist of legendary proportions. Alex Ma- Dallas offices are graduates of the Highland donna’s generosity to the people and the or- HON. JIM COOPER Park Independent School District, and so I am ganizations of San Luis Obispo is part of his- well aware of the quality education that Uni- tory. Nearly everyone in town has a story OF TENNESSEE versity Park Elementary School and the High- about a donation that Alex and Phyllis have IN THE HOUSE OF REPRESENTATIVES land Park Independent School District deliver made to our community. on a yearly basis. One of my staff members San Luis Obispo will be wearing pink on Tuesday, April 27, 2004 has three generations of his family that at- Thursday, the day of Alex Madonna’s funeral. Mr. COOPER. Mr. Speaker, I rise today to tended University Park Elementary School. The church will be packed with people wanting congratulate an extraordinary group of stu- The State of Texas is celebrating 150 years to say goodbye to a man whose life can be dents from Hillsboro High School in Nashville, of publicly educating young Texans, and along summed up in these words: determination, Tennessee, who are this year’s State winners with this important anniversary is the 75th hard work and a great heart. of the Nation’s largest annual competition in Birthday for the University Park Elementary civics education: We the People: The Citizen School. This is a very special milestone in the f and the Constitution. I am proud of these out- history of the school, its students, families, standing students for having earned a chance teacher professionals, support staff, and the HONORING ISRAEL INDEPENDENCE to represent our fine State and to compete in greater community that it has served with dis- DAY the national finals here in Washington. tinction for three-quarters of a century. I con- gratulate the school’s principal Dr. Lynda These students should be honored not only Carter for her excellent leadership of the HON. MARTIN FROST for their achievements in this prestigious com- school during this birthday year. OF TEXAS petition but for their interest in politics, govern- University Park Elementary School opened ment and current events. As citizens of this IN THE HOUSE OF REPRESENTATIVES its doors in September of 1928 with six teach- great Nation, we are all duty-bound to exer- ers and 165 students. The school has come a Tuesday, April 27, 2004 cise the rights and obligations of citizenship. long way from its initial academic year, as in Recent times, however, have seen a steep de- Mr. FROST. Mr. Speaker, I rise today to cel- 1988 the United States Department of Edu- cline in voter turnout and increased cynicism ebrate Israel Independence Day on the 56th cation cited University Park Elementary School about the political process. I am refreshed by Anniversary of its birth as a state. for its excellence in education; and it has also the energy and enthusiasm of these students received national recognition for excellence in As Americans, we all take great pride in the and am impressed by their commitment to the the area of character development. In 2001, founding of our country. The birth of Israel democratic ideals of our Nation. These stu- University Park Elementary School received also serves as a sense of pride—not only to dents will no doubt serve as role models for special recognition from the Texas Commis- the people of Israel, but also to Jewish people their generation. sioner of Education, Jim Nelson, for being one throughout the world. Almost every day, we I am also proud to support the annual We of the eight schools in Texas to receive an receive news of Israelis falling victim to ter- the People competition, which is the most ex- ‘‘Exemplary’’ rating for nine years of the rating rorism and tragedy, yet every day, Israel tensive educational program in the country de- system’s existence. stands as a symbol not just of the Jewish veloped specifically to educate young people University Park Elementary School will for- faith, but of freedom loving people who have about the U.S. Constitution and Bill of Rights. mally celebrate its birthday on Friday morning, the courage, even today, to live in danger, This program is administered by the Center for and I am very much looking forward to being fight for freedom and work for peace. Civic Education and funded by the U.S. De- there personally in honor of such a great oc- While Israel and America were founded in partment of Education. Since its creation, We casion. I sincerely salute the University Park different centuries, a world away from each the People has won widespread recognition Elementary School on its birthday, and I wish other, both countries share similar values for its effective and innovative programs to en- it continued success for many years to come. which provide a foundation for a strong soci- courage civic participation in our younger gen- ety. These values are rooted in educating our f eration. I am confident that Congress will children, keeping our families healthy, and maintain its support of this fine program and PAYING TRIBUTE TO ALEX protecting our citizens from harm. ensure its continued success. MADONNA I applaud Israel for all it has accomplished On behalf of the people of the Fifth Con- throughout the past 56 years. It has weath- gressional District of Tennessee, I extend my HON. LOIS CAPPS ered war and terrorism, and yet it still remains heartiest congratulations to the following Hills- OF CALIFORNIA a democratic state committed to improving the boro High School students: Emily Bacon, quality of life for all its citizens. The commit- IN THE HOUSE OF REPRESENTATIVES Susan Bursch, Molly Caldwell, Juliane Codd, ment to serve its people is the mark of a great Maeve Cornell-Taylor, Jonathan Cox, Emelyn Tuesday, April 27, 2004 country, because only when a state wants its Davies, Alice Floyd, Maisha Grigsby, Claire Mrs. CAPPS. Mr. Speaker, today I rise to citizens to succeed, will it too succeed. In its Hipkens, Anna Holt, Hal Nichols, Caitlin pay tribute to Alex Madonna of San Luis short but rich history, Israel has proven its Pinhey, Kaitlin Reinhardt, Andrew Schneider, Obispo, California, in my district. Alex died on success by this unwavering dedication. Lauren Smyth, Michael Terrell, Lee Tice and April 22, leaving a hole in the heart of his wife Mr. Speaker, it is with honor and respect of David Winjun. I also commend the leadership of 55 years, Phyllis, and in those of his large Israel’s great history, that I congratulate the of their teacher, Ms. Catherine Bradshaw. and devoted family. He will truly be missed by country for its successes, and look forward to I applaud the tremendous achievement of the people of San Luis Obispo County, and a long-lasting relationship between our two these students and wish them well. throughout the Nation. countries, based on our shared values.

VerDate jul 14 2003 04:01 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A27AP8.027 E27PT1 E660 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 2004 NATIONAL CERVICAL CANCER vical cancer in women. Persistent HPV infec- County, West Virginia, which I proudly rep- SCREENING MONTH tions are more likely to be found in women resent here in Congress. The Virginia General aged 30 and older. Assembly authorized the creation of Hamp- HON. MICHAEL G. OXLEY In 2003, a DNA test for HPV was approved shire County effective May 1, 1754, removing OF OHIO by the U.S. Food and Drug Administration for the South Branch, Patterson Creek, New IN THE HOUSE OF REPRESENTATIVES routine screening in women aged 30 and over Creek, and Capon River valleys from Fred- in conjunction with a Pap test. Numerous stud- erick County, Virginia. It was named after the Tuesday, April 27, 2004 ies show that adding an HPV test to a Pap English county of the same name. Mr. OXLEY. Mr. Speaker, in honor of Na- test can increase to almost 100 percent the Hampshire County was established to pro- tional Cervical Cancer Screening Month in ability to identify women with cervical cancer vide an accessible local government for citi- January, I would like to bring attention to the or precursor conditions. Additionally, HPV test- zens on the north side of Cape Capon and tremendous opportunity our country has to ing gives clinicians important information: the Warm Spring Mountain and to more effectively make cervical cancer the first real victory in ability to identify which women are at in- deal with the conflicts stemming from the the war on cancer. For the first time in over 50 creased risk of cervical cancer and who onset of the French-Indian war. years, we have a new screening approach should therefore be monitored more closely to The history of Hampshire County extends that offers great hope for finally eliminating ensure that cervical cancer is not missed. longer than that of the United States or the cervical cancer. We must seize this oppor- Women who test negative with both tests can State of West Virginia. The county has under- tunity by ensuring that all women have access be better reassured, while reducing their need gone several border changes over the years; to the best tests available. for unnecessary, invasive exams. at one time it included all of present day Min- Worldwide, cervical cancer is the second Since its approval last year by the FDA, eral, Hardy, and Grant counties, along with most-common cancer among women. Approxi- HPV testing has gained rapid acceptance in portions of Morgan and Pendleton counties, mately 470,000 women are afflicted and the healthcare community. Already, leading an area extending 2,800 square miles. Today, 230,000 die each year, according to the World medical organizations, including the American the county has an area of just over 640 Health Organization. In the United States, inci- College of Obstetricians and Gynecologists, square miles, but continues to grow in popu- dence and deaths from cervical cancer have the American Cancer Society and the Associa- lation. The county’s population grew by 22.5 decreased by almost half since the early tion of Reproductive Health Professionals, percent between 1990 and 2000, and currently 1970s, largely due to widespread screening have updated their screening guidelines to in- 20,798 people call Hampshire County home. with the Pap test, according to the American clude HPV testing in routine screening for I am honored to represent Capon Bridge, College of Obstetricians and Gynecologists. women aged 30 and over. Mill Creek, Romney, and the other commu- However, research shows that cervical cancer These groups’ guidelines recommend that, nities of Hampshire County here in Congress. rates have remained steady for the past few because HPV testing is so sensitive and be- I congratulate Hampshire County on its 250th years. According to the American Cancer So- cause cervical cancer develops so slowly, that anniversary and wish the county all the best ciety, over 10,500 American women will be di- women can be safely screened with the com- for the next 250 years. bination of a Pap test and an HPV test every agnosed with cervical cancer this year and f 3,900 will die. three years. Research shows that this can No American woman, however, should die also result in lower long-term costs. With this WELCOME TO DANISH FOREIGN of cervical cancer because it is nearly 100 approach, however, it is important that we not MINISTER DR. PER STIG MOLLER percent preventable. It is a slow-developing confuse infrequent cervical cancer screening disease that can usually be treated easily be- with infrequent gynecologic visits. This essen- HON. TOM LANTOS fore abnormal cells develop into cancer. Ac- tial annual exam also screens for such condi- OF CALIFORNIA tions as breast cancer, hypertension, cording to the American Cancer Society, when IN THE HOUSE OF REPRESENTATIVES detected at an early stage, cervical cancer has osteoporosis and STDs. For many women, the Tuesday, April 27, 2004 one of the highest 5-year survival rates of all gynecologic exam is their only opportunity cancers. The key to prevention and successful each year for routine, preventive medical care. Mr. LANTOS. Mr. Speaker, I invite my col- outcomes is to screen women early using the Major private insurers now reimburse for leagues to join me today in welcoming to the best screening approaches possible. HPV testing as well as covering a woman’s United States and to the American Congress While the Pap test has gone a long way to- annual gynecologic exam. These include the Foreign Minister of Denmark, Dr. Per Stig ward reducing cervical cancer rates, it is not Aetna, Cigna and many Blue Cross Blue Moller. Dr. Moller has served as his country’s perfect. It relies upon a visual examination of Shield plans. Last month, Kaiser Permanente, Foreign Minister since 2001. During his ten- cervical cells, and errors in collecting the cells the nation’s leading health maintenance orga- ure, Denmark has shown strong support for or interpreting them can lead to false-negative nization, announced that its largest region will the United States in the war against terrorism results. According to the Agency for now offer HPV testing, along with a Pap test, and has provided military forces to assist us in Healthcare Research and Quality, the accu- as standard-of-care cervical cancer screening Afghanistan and Iraq. In a time of strained racy of the conventional Pap smear at identi- for all women aged 30 and over. Earlier this trans-Atlantic relations, the Danes have re- fying women with cervical cancer or month, the nation’s largest women’s health mained steadfast and unwavering supporters precancerous conditions was only 51 percent. practice in the country also announced that it of the United States. Newer, improved Pap tests bring that accu- will offer HPV testing to all of its patients who Denmark has contributed one of the largest racy up to a range of 61 percent to 95 per- are 30 and over as part of their routine cer- Special Forces contingents in support of Oper- cent, depending upon the study cited. vical cancer screening program. ation Enduring Freedom in Afghanistan, as While imperfect, the Pap test has been so As the private healthcare system brings well as providing F–16 aircraft for use there. successful to date largely because it is done newer and better technology to women, we From the very beginning of Operation Iraqi with high frequency. If cervical cancer or its must make sure that all women have access Freedom, Denmark has been an active mem- precursors are missed in one screening round, to these advanced screening techniques. All ber of the coalition and has contributed com- they are likely to be detected in a subsequent women deserve to benefit from the most effec- bat forces including a submarine and a cor- screening round. At the same time, women tive screening technologies available. Having vette, as well as a medical team. Denmark who receive ‘‘false-positive’’ results from the advanced testing technology is the first step in has shown its willingness to continue its sup- Pap test usually undergo necessary follow-up eliminating cervical cancer. port in Iraq with stabilization forces and finan- Pap tests or other procedures. f cial and human support. To date, Denmark We know that a virus, human 250TH ANNIVERSARY OF has appropriated more than 500 million US papillomavirus, (HPV) is the cause of cervical HAMPSHIRE COUNTY Dollars for Operation Iraqi Freedom, including cancer. Studies show that it is found in 99.7% assistance for humanitarian aid and recon- of cervical cancers and must be present for struction. This represents a contribution of the disease to develop. Most people will be in- HON. SHELLEY MOORE CAPITO some 100 dollars per person, making Den- OF WEST VIRGINIA fected with HPV at some point in their lives, mark the country that has contributed the most IN THE HOUSE OF REPRESENTATIVES but their body’s immune system will clear the per capita except for the United States and virus without any noticeable symptoms. How- Tuesday, April 27, 2004 the United Kingdom. At present, more than ever, persistent infection over several years Mrs. CAPITO. Mr. Speaker, I rise today to 500 Danish soldiers are daily risking their lives with high-risk types of HPV can lead to cer- honor the 250th Anniversary of Hampshire in Iraq.

VerDate jul 14 2003 04:01 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.029 E27PT1 April 27, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E661 Mr. Speaker, on behalf of the American portant element in strengthening the bonds of 56th Anniversary of Israel’s Independence people, I want to express to the Danish people understanding between Danes and Americans Day. With the establishment of the State of and the Danish government—and particularly of the next generation of political leaders. Israel in 1948, Jewish independence was re- to the families of those Danes who have made Mr. Speaker, the Congressional Friends of stored. the ultimate sacrifice—our deepest gratitude Denmark are hosting Foreign Minister Moller I commend the Israeli people for their re- for their assistance in the struggle in Iraq. for his visit to Capitol Hill today. This Congres- markable achievements in building a new Denmark has suffered both military and civil- sional member organization was established in state and a pluralistic and democratic society ian deaths and casualties in Iraq. 1999 to foster stronger relations with the gov- in the Middle East in the face of terrorism and Mr. Speaker, Dr. Moller has played a critical ernment and people of Denmark. The Friends hostility. On this occasion, I extend my warm- role in Denmark’s support of our efforts of Denmark include many members of this est congratulations and best wishes to the against terrorism since he became Denmark’s body who are of Danish heritage, who have state of Israel and her people for a peaceful, Foreign Minister in 2001. In addition, he has Danish constituents, who seek to strengthen prosperous, and successful future. demonstrated remarkable foreign policy lead- ties between our two countries and/or who ad- Independence Day is a celebration of the ership during the Danish Presidency of the mire the contributions of the Danish people renewal of the Jewish state in the Land of European Union in 2002. Under Denmark’s and their government to international peace Israel, the birthplace of the Jewish people. In leadership of the EU, the historic expansion of and security and respect for human rights. Mr. this land, the Jewish people began to develop the European Union was agreed upon. Under Speaker, urge my colleagues to join me today its distinctive religion and culture some 4,000 Dr. Moller’s leadership Denmark has affirmed in welcoming and honouring Danish Foreign years ago, and here it has preserved an un- its commitment to the war on terrorism and he Minister Dr. Per Stig Moller on his visit to the broken physical presence, for centuries as a has been dedicated to seeking a comprehen- United States Congress. sovereign state, at other times under foreign sive and lasting peace in the Middle East. f control. Dr. Moller was born in Denmark in 1942. He On this 56th Anniversary of the establish- received his MA in literature from the Univer- COMMEMORATION OF THE ment of the State of Israel, we recognize that sity of Copenhagen. In 1973, he received his ARMENIAN GENOCIDE the Israeli people have created one of the PhD, and he is a highly respected intellectual. leading nations in the fields of science, tech- For many years he has been a widely read HON. HENRY A. WAXMAN nology, medicine, and agriculture. The people commentator in leading daily papers. For OF CALIFORNIA of Israel have established a vibrant and func- many years he was a member of the senior IN THE HOUSE OF REPRESENTATIVES tioning pluralistic and democratic political sys- management of National Danish Radio, and Tuesday, April 27, 2004 tem that guarantees the freedoms of speech he later became Chairman of the ‘‘Radio Mr. WAXMAN. Mr. Speaker, today we com- and press, and free, fair, and open elections Council,’’ the Executive Program Board of Na- memorate the 89th anniversary of the Arme- with respect for the rule of law. With a strong tional Danish Radio. nian Genocide, a painful chapter in world his- democracy in a troubled part of the world, Born into politics, Dr. Moller followed in the Israel has absorbed millions of new immi- footsteps of both his father and mother, who tory when the international community stood silent as Armenian villages were purged and grants from all over the world. Some of these were leading conservative politicians. He be- immigrants arrived without a single posses- came a member of the Danish Parliament in systematically destroyed. Between the years of 1915 and 1923, close sion, but Israel welcomed them by providing 1984, and since that time, he has been a to one and half million Armenians were killed housing, education, social security, and health leading spokesman for his party, particularly while hundreds of thousands of others were care. on foreign affairs and human rights issues. For mercilessly deported, exiled, and uprooted I rise also to condemn the rising tide of anti- more than a decade, he was a member of the from their homes. Although the atrocities were Semitism around the globe and to dem- Council of Europe. In 1997, he became the documented by the United States and others, onstrate the United States’ lasting bond of chairman of his party. Previous to his appoint- the information was never acted upon. Sadly, friendship and cooperation with Israel, which ment as Foreign Minister, he served as Min- even today, the issue remains buried. has existed for the past 56 years. ister of Environment, where carried out exten- After 89 years, the victims and their de- Mr. Speaker, at this time, I ask that you and sive environmental reforms. scendants deserve better. No longer should my other distinguished colleagues join me in Mr. Speaker, Dr. Moller is the author of nu- their suffering go unnoticed or unmourned. recognizing and paying tribute to the state of merous books on a variety of themes—from Recognition of the Armenian Genocide is long Israel as she celebrates her 56th Independ- the history of the Baltic Countries to environ- overdue. It is time for the United States to ence Day and again extend my warmest wish- mental problems and the values of an ‘‘open make a concerted effort to overcome the his- es for a peaceful and prosperous future. society.’’ His book about Danish pastor Kaj torical denial that genocide took place, and put f Munk, who was a leading opponent of the an end to the harmful isolation of Armenia that German occupation of Denmark during World ISRAEL’S INDEPENDENCE DAY tragically continues. War II, became a national bestseller when it We must identify ways to facilitate the lifting was published in 2000. of the blockade against Armenia and encour- HON. CAROLYN McCARTHY The political and intellectual efforts of Dr. age a peaceful resolution of the conflict in OF NEW YORK Moller have been recognized in numerous Nagorno-Karabagh. We must help Armenia IN THE HOUSE OF REPRESENTATIVES honors and awards that he has received. In continue to flourish as a burgeoning democ- 1997 he was elected ‘‘Politician of the Year’’ Tuesday, April 27, 2004 racy, extend Permanent Normal Trade Rela- in Denmark. He has received a series of pres- Mrs. MCCARTHY of New York. Mr. Speak- tions (PNTR) status to strengthen her econ- tigious Danish awards, including the ‘‘Georg er, I rise today on behalf of the people of the omy, and stand ready to help maintain her Brandes Prisen’’ and ‘‘Kaj Munk Prisen.’’ Inter- 4th Congressional District to express my military strength. nationally, he has been recognized with nu- heartfelt congratulations on the 56th anniver- Let us resolve ourselves to ensure that the merous awards, including the Raoul sary of Israel’s Independence Day. Today we coming year will be one that brings full rec- Wallenberg Medal. celebrate the rebirth of the Jewish State. On ognition of the genocide that took place, and Mr. Speaker, I would be remiss if I do not this land, thousands of years ago, the Jewish peace to the region and the memory of those mention another facet of Denmark’s efforts to people developed their culture and continue to who perished. improve relations with the United States—an cultivate it today. effort in which the Danish Foreign Ministry has f The ideals, which Israelis live with, and for, played an important role. Each year for the 56TH ANNIVERSARY OF ISRAEL’S were enshrined in their declaration of inde- past several years, the Humanity in Action INDEPENDENCE DAY pendence and represented by David Ben- program has brought Danish students to the Gurion, a leader in the struggle to establish United States to serve as fellows in offices HON. PETER J. VISCLOSKY the State of Israel, and the first Prime Minister. and committees of the United States House of OF INDIANA He presided over national projects, in order to Representatives, and a similar number of rapidly develop the country, none more impor- IN THE HOUSE OF REPRESENTATIVES American students have gone to Denmark to tant than the airlift of Jews from other coun- learn first-hand about the Danish political sys- Tuesday, April 27, 2004 tries. There are over 6.7 million people, over tem. Thus far, some 60 students have partici- Mr. VISCLOSKY. Mr. Speaker, it is my 5.5 million of them Jewish, currently living in pated in this program. This exchange is an im- honor to rise today to recognize and honor the Israel.

VerDate jul 14 2003 04:01 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\K27AP8.008 E27PT1 E662 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 2004 Faced with constant fear and terror I com- With almost 6,000 employees in Illinois— Congressional District, who have continually mend the Israelis for creating and maintaining and 50,000 throughout the United States—I worked to improve the quality of life in Arme- a viable democracy, founded on liberty, jus- have seen first hand how Household-HSBC is nia, as well as in Northwest Indiana. Three tice, and peace. They have overcome and ac- active in their community under Bill’s leader- other Armenian-American families in my con- complished so much in a short amount of ship. Whether with Junior Achievement, the gressional district, Dr. Aram and Mrs. Seta time. Lasting peace between Israel and its American Cancer Society, Neighborhood Semerdjian, Dr. Heratch and Mrs. Sonya neighbors remains the ultimate goal and Housing Services of Chicago, Habitat for Hu- Doumanian, and Dr. Ara and Mrs. Rosy peace has been achieved in certain regions. manity and many more, Household-HSBC em- Yeretsian, have also contributed greatly to- Together, we can make realize the ultimate ployees are constantly working to make their ward charitable works in the United States and goal of peace with all of Israel’s neighbors and communities better places to live. Finally, I be- Armenia. Their efforts, together with hundreds share legitimate security and success. lieve the Business Citizen medal is not just an of other members of the Armenian-American Mazel Tov! award for Bill Aldinger, but all his employees. community, have helped to finance several im- f Congratulations Bill, and all members of the portant projects in Armenia, including the con- Household-HSBC North America team, and TRIBUTE TO RETIRING SHERIFF struction of new schools, a mammography keep up the great work. JOHN HEMEYER clinic, and a crucial roadway connecting Arme- f nia to Nagorno Karabagh. HON. IKE SKELTON ARMENIAN GENOCIDE In the House, I have tried to assist the ef- OF MISSOURI forts of my Armenian-American constituency IN THE HOUSE OF REPRESENTATIVES HON. PETER J. VISCLOSKY by continually supporting foreign aid to Arme- Tuesday, April 27, 2004 OF INDIANA nia. This past year, with my support, Armenia Mr. SKELTON. Mr. Speaker, it has come to IN THE HOUSE OF REPRESENTATIVES received $84 million in U.S. aid to assist eco- my attention that my good friend John Tuesday, April 27, 2004 nomic and military development. In addition, on April 16, 2004, I joined several of my col- Hemeyer will retire as Sheriff of Cole County, Mr. VISCLOSKY. Mr. Speaker, I rise today leagues in signing the letter to President Bush Missouri. He has held the office since 1986. in solemn memorial to the estimated 1.5 mil- urging him to honor his pledge to recognize Sheriff Hemeyer has had a long and re- lion men, women, and children who lost their the Armenian Genocide. spected career in law enforcement. On the lives during the Armenian Genocide. As in the job, he is respected as a co-worker and boss. past, I am pleased to join so many distin- The Armenian people have a long and He has shown concern and a willingness to guished House colleagues on both sides of proud history. In the fourth century, they be- help those with whom he serves. He has per- the aisle in ensuring that the horrors wrought came the first nation to embrace Christianity. sonally touched the lives of countless Cole upon the Armenian people are never re- During World War I, the Ottoman Empire was County residents. He has been described as peated. ruled by an organization known as the Young always willing to enter any situation first, which On April 24, 1915, over 200 religious, polit- Turk Committee, which allied with Germany. is an admirable trait for those who serve the ical, and intellectual leaders of the Armenian Amid fighting in the Ottoman Empire’s eastern community as first responders. community were brutally executed by the Anatolian provinces, the historic heartland of For almost two decades, Sheriff Hemeyer Turkish government in Istanbul. Over the the Christian Armenians, Ottoman authorities has been willing to let those he serves, the course of the next 8 years, this war of ethnic ordered the deportation and execution of all people of Cole County, make the decision as genocide against the Armenian community in Armenians in the region. By the end of 1923, to whether or not he would return as sheriff, the Ottoman Empire took the lives of over half virtually the entire Armenian population of and the voters have asked him to stay every the world’s Armenian population. time. This year, he has decided to take a well- Anatolia and western Armenia had either been Sadly, there are some people who still deny killed or deported. deserved retirement. His decision to not seek the very existence of this period which saw another term was met with sadness and an the institutionalized slaughter of the Armenian While it is important to keep the lessons of outpouring of appreciation for his years of people and dismantling of Armenian culture. history in mind, we must also remain com- dedicated service and a job well done. To those who would question these events, I mitted to protecting Armenia from new and Mr. Speaker, I am sure the Members of the point to the numerous reports contained in the more hostile aggressors. In the last decade, House will join me in honoring Sheriff U.S. National Archives detailing the process thousands of lives have been lost and more Hemeyer for his years of service and in wish- that systematically decimated the Armenian than a million people displaced in the struggle ing him all the best in the days ahead. population of the Ottoman Empire. However, between Armenia and Azerbaijan over f old records are too easily forgotten—and dis- Nagorno-Karabagh. Even now, as we rise to CONGRATULATING WILLIAM F. missed. That is why we come together every commemorate the accomplishments of the Ar- ALDINGER year at this time: to remember in words what menian people and mourn the tragedies they some may wish to file away in archives. This have suffered, Azerbaijan, Turkey, and other HON. MARK STEVEN KIRK genocide did take place, and these lives were countries continue to engage in a debilitating taken. That memory must keep us forever vigi- blockade of this free nation. OF ILLINOIS lant in our efforts to prevent these atrocities IN THE HOUSE OF REPRESENTATIVES Consistently, I have testified before the For- from ever happening again. eign Operations Appropriations Subcommittee Tuesday, April 27, 2004 I am proud to note that Armenian immi- on the important issue of bringing peace to a Mr. KIRK. Mr. Speaker, I rise today to ex- grants found, in the United States, a country troubled area of the world. I continued my press my congratulations to a business leader where their culture could take root and thrive. support for maintaining the level of funding for from the 10th Congressional District of Illinois, Most Armenians in America are children or the Southern Caucasus region of the Inde- Mr. William F. Aldinger, CEO of Household grandchildren of the survivors, although there pendent States (IS), and of Armenia in par- International—and now HSBC North Amer- are still survivors among us. In my district in ticular. In addition, on February 26, 2004, I ica—on his recognition by the Friends of Northwest Indiana, a vibrant Armenian-Amer- joined several of my colleagues in sending a Adam Smith (FOAS) for the 2004 Business ican community has developed and strong ties letter to President Bush urging nim to ensure Citizen medal tonight. to Armenia continue to flourish. My prede- parity in military assistance between Armenia I have had the pleasure to get to know Bill cessor in the House, the late Adam Benjamin, and Azerbaijan. over the past several years and I am thrilled was of Armenian heritage, and his distin- the FOAS has recognized his leadership in guished service in the House serves as an ex- Mr. Speaker, I would like to thank my col- community service, involvement and public ample to the entire Northwest Indiana commu- leagues, Representatives JOE KNOLLENBERG policy. By visiting their headquarters in Pros- nity. Over the years, members of the Arme- and FRANK PALLONE, for organizing this spe- pect Heights, Illinois, to learn how they serve nian-American community throughout the cial order to commemorate the 89th Anniver- over 50 million customers, I have seen how United States have contributed millions of dol- sary of the Armenian Genocide. Their efforts Household has helped empower its employees lars and countless hours of their time to var- will not only help bring needed attention to this to play a more active role in politics and good ious Armenian causes. Of particular note are tragic period in world history, but also serve to government by conducting internal voter reg- Mrs. Vicki Hovanessian and her husband, Dr. remind us of our duty to protect basic human istration drives. Raffy Hovanessian, residents of Indiana’s First rights and freedoms around the world.

VerDate jul 14 2003 04:01 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A27AP8.034 E27PT1 April 27, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E663 ISRAEL INDEPENDENCE DAY served the Nation well as he advanced in ents—in essence, once again, victimize the rank. Over a period of 8 years, serving at Fort victims. HON. ROBERT MENENDEZ Sill, Oklahoma and at Fort Richardson, Alas- For this reason, America must recognize the OF NEW JERSEY ka, LTC Laughlin was promoted to first lieu- Turkish massacre and displacement of Arme- IN THE HOUSE OF REPRESENTATIVES tenant and then to captain while serving as nians as an act of genocide. The House Judi- Fire Direction Officer, Battery Executive Office, ciary Committee, upon its unanimous approval Tuesday, April 27, 2004 S2, Headquarters Battery Commander, and as of the Genocide Resolution, described the Ar- Mr. MENENDEZ. Mr. Speaker, today, I am assistant S3. menian Genocide in the following terms: proud to join my colleagues in the United Assigned to the University of Pittsburgh as Beginning in 1915, the Islamic Turkish States Congress and world leaders in cele- an assistant professor for military science in state of the Ottoman Empire sought to end brating the creation of the State of Israel on 1993, LTC Laughlin was awarded the Gov- the collective existence of the Christian Ar- this 56th anniversary of Israel’s Independence ernor’s Cup for the Commonwealth of Penn- menian population. From 1915 through 1918, Day. On this historic day, we honor the sylvania as the best ROTC battalion in the during World War 1, the Ottoman Empire state in 1994. While serving as Chief of Oper- subjected the Armenian people to deporta- achievements of the Jewish people and the tion, expropriation, abduction, torture, mas- Jewish state, and salute a young and proud ations for the 1st Cavalry Division at Fort sacre, and starvation. The atrocities were re- nation that has accomplished so much in so Hood, Texas, he was promoted to the rank of newed between 1920 and 1923. It is estimated little time. major. He then transferred to Fort Hood, that one and a half million Armenians were In the 56 years since independence, Israel Texas to serve as Rear Detachment Com- killed out of over two million Armenians has welcomed immigrants from all corners of mander, 82nd Field Artillery. Under his able who had lived in the Ottoman Empire. It the world as her population grew from 806,000 leadership, the 82nd trained and deployed should be noted that these activities ceased to 6,780,000 people, including over a million thousands of combat-ready soldiers to the with the institution of the new Republic of new immigrants from the former Soviet Union. Bosnian conflict in 1999. Turkey in October, 1923. Israel today is a vibrant democracy, the only LTC Laughlin began his current assignment U.S. recognition of the Armenian genocide democracy in the Middle East, and a world as a Professor of Military Science at BGSU in is long past due. By failing to admit and recog- leader in technology and agricultural innova- 2000. Under his guidance, the ROTC program nize atrocities that clearly took place we un- tion for arid regions. has been forged into a respected hallmark of dermine our Nation’s credibility and commit- We must remember that these great the University, with program members partici- ment to combat genocide. On April 24, Presi- achievements have come at a great cost. pating in numerous campus events. LTC dent Bush issued his annual message in re- More than 20,000 Israel Defense Force mem- Laughlin’s 20-year commitment of distin- membrance of the victims of the Armenian bers have died fighting for the cause of a Jew- guished service to his country leaves as its Genocide—only he failed to use the word ish state in the years since the war of inde- legacy a stronger Army of able combat-ready ‘‘genocide.’’ In failing to refer to the Armenian pendence—over 185 Israeli soldiers in the forces, and a generation of students inspired Genocide accurately, he has turned his back past year alone, since the last Remembrance by his dedication and courage. on his own campaign pledge and on 190 and Independence Days. Mr. Speaker, I ask my colleagues to join me Members of Congress who want the Armenian And we must also honor and remember in paying special tribute to the steadfast patri- Genocide recognized. those innocent civilians who have been killed otism and unwavering spirit of Lieutenant It is not enough to say ‘‘never again.’’ We by terrorists trying to destroy the State of Colonel Richard C. Laughlin. I am confident must take concrete steps to give it meaning Israel and her people. In the last year, at least that his example will serve as an inspiration to and to bolster our own resolve. Passing 176 people were murdered and 906 wounded a new generation of soldiers who, like him, will House Resolution 193 is a small but important in terrorist attacks. be brave and vigilant guardians for the United step in this ongoing effort to thwart those who On this Day of Independence, the United States and its citizens. May he now enjoy the would commit genocide. It is the least we can States of America and Israel stand side-by- freedoms and liberties that he has so ably do for the millions who have been killed in side in our commitment to democracy, to helped to protect over his distinguished ca- Turkey, Germany, Rwanda, and Cambodia. peace, and to the State of Israel. The United reer. Understanding the lessons of these tragedies States will never flinch and will never waiver in f will help prevent future crimes against human- its support for the safety and security of the ity. State of Israel and of her people. ARMENIAN GENOCIDE Mr. Speaker, I appreciate this opportunity to f honor the victims of genocide, and to urge my HON. MICHAEL M. HONDA colleagues to always remain cognizant of the A SPECIAL TRIBUTE TO LIEUTEN- OF CALIFORNIA pledge our Nation has made to prevent future ANT COLONEL RICHARD W. IN THE HOUSE OF REPRESENTATIVES acts of genocide. LAUGHLIN ON THE OCCASION OF f HIS RETIREMENT Tuesday, April 27, 2004 Mr. HONDA. Mr. Speaker, I rise today to INTRODUCTION OF THE FEDERAL HON. PAUL E. GILLMOR ask the Members of the House to join us in DISASTER CONSUMER PROTEC- TION ACT OF OHIO recognizing past instances of genocide and re- IN THE HOUSE OF REPRESENTATIVES affirming our Nation’s commitment to never again allow the perpetration of such atrocities HON. MADELEINE Z. BORDALLO Tuesday, April 27, 2004 anywhere on this earth. House Resolution 193 OF GUAM Mr. GILLMOR. Mr. Speaker, it is my distinct appropriately reaffirms America’s obligation to IN THE HOUSE OF REPRESENTATIVES privilege to stand before my colleagues in the international genocide conventions, and under- House to pay tribute to a special person in scores the importance of recognizing past Tuesday, April 27, 2004 Ohio’s Fifth Congressional District. This year, crimes against humanity, including the Holo- Ms. BORDALLO. Mr. Speaker, today I am Lieutenant Colonel Richard W. Laughlin, Pro- caust and the Armenian, Cambodian, and introducing legislation that would protect the fessor of Military Science and Leadership at Rwandan genocides. credit histories of consumers residing in areas Bowling Green State University, will retire after We all know that silence in the face of where damages caused by a disaster impede 20 years of distinguished service in the United genocide only encourages those who would the efficient payment of debts. My bill would States Army. commit such atrocities in the future. Israel provide an important safeguard for individuals Mr. Speaker, Lieutenant Colonel Laughlin Charney, the noted genocide and Holocaust living in disaster-prone regions in order to en- graduated from the United States Military scholar, has written extensively about the psy- sure that their financial histories are not ad- Academy at West Point in May of 1984. His chology of genocide denial. He has explained versely affected by an inability to make prompt hard work and dedication at West Point, the to the world what we should all know from his- payments during and in the immediate after- Army’s pinnacle of leadership, was excep- tory: to deny genocide is to celebrate the math of a Federally Declared Disaster Area. tional. Upon graduation, he branch selected mass murder and to endorse the doctrine of I am concerned that public law does not artillery. corrupt power that brought about the destruc- provide a consistent legal means for con- LTC Laughlin graduated from the Field Artil- tion in the first place. To erase agonizing sumers to rectify credit discrepancies occur- lery Officers Basic Course in 1985, and his memories of genocide only mocks the sen- ring during a period in which their residence competence and professionalism in that field sibilities of the victims and their descend- was included in a Federally Declared Disaster

VerDate jul 14 2003 04:01 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.039 E27PT1 E664 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 2004 Area as defined by the Robert T. Stafford Dis- after day, hour after hour, we see mothers their lives for the achievement of the country’s aster Relief and Emergency Assistance Act. weep for their sons and daughters. But we no independence and its continued existence. While I understand that many financial institu- longer see those images as distant—because Tragically, over the past three years of Pales- tions do institute voluntary programs to give it has happened here, too, in the United tinian terrorism, hundreds of Israeli civilians such customers reasonable flexibility in mak- States. We know now that terrorism incurs ir- have joined those fallen heroes on front lines ing payments, I also understand that these reparable pain and loss. The State of Israel that now encompass the doorstep of its cafes, policies are not required nor are they uniform. has known this loss since its modern begin- buses, and supermarkets. Additionally, even where voluntary policies are nings in 1948. Although the Palestinians have attempted to instituted on the part of financial institutions, Our loss in the United States connects us to justify their hatred as a reaction to Israel’s set- inevitably some mistakes will be made. The Israel beyond the often symbolic, annual ges- tlement policy or its acts of self defense, the process of reconciling a credit report is often ture of alliance—we are dear friends, and our true source of violence is the Palestinian lead- very difficult and time consuming, and disaster friendship runs deep. It is rooted in the values ership’s desire to annihilate the Jewish State victims already face enough burdens during and ideals we share—Israel, a vibrant and even if it sacrifices the dream of Palestinian the recovery process. passionate democracy which includes respect statehood. The Federal Disaster Consumer Protection for diversity and religious freedom for all That is why even as the United States re- Act will assist victims of a disaster by allowing faiths, mirrors the proud character of the mains an honest broker in the effort to reach for a 7-day grace period beginning on the date United States a final peace settlement, as a nation fighting on which the disaster area is declared. If the And so, today, I wish the state of Israel and the threat of terrorism ourselves we must con- due date on a payment falls on 1 of those 7 its citizens a peaceful birthday—last year I had tinue to act in solidarity with Israel and on be- days, an affected consumer would be able to the opportunity to visit Israel for the first time. half of its right to exist as a secure, demo- request that any adverse credit report as a re- Upon seeing the sunrise over the old city walls cratic, and Jewish state for generations to sult of a late payment be removed from his or of Jerusalem, I was overwhelmed by the re- come. her credit history. To prevent abuse, the con- gion’s history. The leaders and citizens of f sumer would had to have made his or her ac- Israel have yearned to achieve their vision of count current within 30 days of the due date peace since the modern State of Israel was PAYING TRIBUTE TO THE HISTORY in order to exercise this protection. This legis- born. But this vision eludes us still. We cannot OF THE GREAT SAND DUNES NA- lation would also give the Secretary of the let this peaceful image go—we must contin- TIONAL PARK AND PRESERVE Treasury discretion to extend the grace period ually strive to reach it. if he or she sees fit. Upon its establishment, the first official rec- HON. SCOTT McINNIS My bill proposes minimal standards that ognition of the State of Israel came from the OF COLORADO should not be a burden on those responsible United States of America. We have continu- IN THE HOUSE OF REPRESENTATIVES financial institutions that already have a fair ously demonstrated our support for Israel— Tuesday, April 27, 2004 policy for dealing with consumers adversely and that support will be strengthened as we impacted by a disaster. While I do believe that endure the pain of terrorism, and fight the bat- Mr. MCINNIS. Mr. Speaker, I rise today to financial institutions should implement fair poli- tle for a lasting and secure peace, together. highlight the grassroots effort to protect one of Colorado’s greatest natural treasures: The cies with regard to bank fees and other pen- f alties for late payment during a disaster, my Great Sand Dunes. I was privileged to play a bill does not impose any new regulations with ISRAEL INDEPENDENCE DAY part in this momentous and exciting process. regard to these issues. The sole purpose of My own effort to preserve this beautiful area this legislation is to protect the consumer’s HON. HENRY A. WAXMAN began in 1989 on a family vacation to the credit. Support for this legislation will help re- OF CALIFORNIA Great Sand Dunes National Monument in Colorado’s San Luis Valley, where I had a duce the risk of inaccurate credit reporting im- IN THE HOUSE OF REPRESENTATIVES conversation with my friend Bob Zimmerman peding the financial recovery of already vul- Tuesday, April 27, 2004 nerable consumers residing in a Federally De- about his idea to re-designate the Great Sand clared Disaster Area. Mr. WAXMAN. Mr. Speaker. I rise in honor Dunes National Monument as a National Park of Israel Independence Day, Yom Ha’atzmaut, and Preserve. This conversation with Bob was f to celebrate the strength of the U.S.-Israel re- the catalyst for a decade-long effort to put the ON THE 56TH ISRAELI lationship and pay tribute to the people of Sand Dunes in their rightful place alongside INDEPENDENCE DAY Israel whose vibrant democracy and brave the nation’s other crown jewels as a National military stand beside us on the front lines of Park and Preserve. HON. DENISE L. MAJETTE the war against terrorism. A rare gem, Colorado’s Great Sand Dunes OF GEORGIA In the fifty-six years since the establishment cover an area of thirty-nine square miles and IN THE HOUSE OF REPRESENTATIVES of the State of Israel, the United States has reach heights of 700 feet above the floor of worked with Israel to create a wide array of the flat San Luis Valley, making them the tall- Tuesday, April 27, 2004 foundations and forums for bilateral coopera- est dune fields in the western hemisphere. Ms. MAJETTE. Mr. Speaker, I rise on this tion on issues ranging from agriculture, The Dunes are nestled between rugged, Yom Ha’atzmaut, Israel’s Independence Day science, energy, and the environment, to the snowcapped mountains that include 14,000- celebration, to congratulate the people of development of technology for military and foot peaks peppered with pristine alpine tun- Israel in their fifty-sixth year. I would like to re- homeland security needs. dra. The Great Sand Dunes of Colorado are a count a brief passage from Yitzchak Rabin, a We have also worked hard to build a robust unique hydrological system that feeds one of warrior of peace, upon the occasion of his economic relationship. Despite the small size Colorado’s largest wetland areas and are signing a Declaration of Principles for the Oslo of Israel’s population, Israel’s GNP is now home to beaver meadows and spacious Peace Accords in Washington, in what seems higher than that of most of its neighbors com- grasslands that are dotted with beautiful like a forever ago, in 1993. Prime Minister bined. This is a testament to the openness of mountain flowers. High mountain streams cas- Rabin said then: the Israeli economy and its high volume of cade first into pristine lakes situated above the We have come from an anguished and trade with the United States. timberline, flowing into dense spruce and fir grieving land. We have come from a people, Perhaps most fundamental, however, is our forests, streaming farther to reach large Aspen a home, a family that has not known a single work together to advance peace and security groves, ponderosa forest, pinion-juniper wood- year, not a single month, in which mothers in the region. While Israeli peace agreements lands, cottonwood and mountain willow ripar- have not wept for their sons. We have come with Egypt and Jordan are enduring corner- ian areas. As the newest member of Amer- to try and put an end to the hostilities so that our children, and our children’s chil- stones of this effort, the refusal of the Pales- ica’s National Park system, the Great Sand dren, will no longer experience the painful tinian leadership to embrace a peaceful and Dunes is one of the nation’s most biologically cost of war, violence and terror. We have democratic future remains a painful challenge. diverse parks, encompassing wetland species come to secure their lives and to ease the Each year, on the Israeli calendar, the cele- such as sandhill cranes, the rare white-faced sorrow and the painful memories of the past, bration of Yom Ha’atzmaut comes on the ibis, and Rocky Mountain species of bighorn to hope and pray for peace. heels of Yom Ha’zikaron, Israel’s Memorial sheep, marmots and ptarmigan. The park also On the fifty-sixth birthday of the State of Day, when the nation expresses its eternal represents a diverse cultural heritage, where Israel, we are still praying for that peace. Day debt and gratitude to the soldiers who gave Native American sites spanning thousands of

VerDate jul 14 2003 04:01 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.042 E27PT1 April 27, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E665 years, standing Ute Indian wickiups, mammoth In early December of 1999, I invited then of the future park was being crafted. I was kill sites, and a branch of the Old Spanish Secretary of the Interior Bruce Babbitt, to par- also able to offer the Forest Service some in- Trail traveled by some of the earliest Spanish ticipate in a public forum at the Great Sand centives to support the bill. While the Forest people in America all sit side by side. Dunes to announce our efforts to work to- Service was very reluctant to give up the land The Dunes themselves are a historic prod- gether on an initiative to re-designate the that it was currently managing in what was to uct of the wind and rain eroding the Sangre de Sand Dunes as a National Park, and also to become the preserve, I was able to offer them Cristo and San Juan Mountain ranges that solidify the Administration’s support for this the chance to manage the area of the Baca ring the San Luis Valley. For thousands of proposal. Together with U.S. Senator BEN Ranch that includes the mountains, specifically years prevailing westerly winds have come NIGHTHORSE CAMPBELL, U.S. Senator WAYNE the 14,000+-foot Kit Carson Peak. This helped over the Rockies and down the flood plain of ALLARD, and Colorado Attorney General Ken ease some management headaches because the Rio Grande River, picking up sand par- Salazar, I affirmed the importance of acquiring of travel restrictions across the Baca Ranch ticles on the way. These dry surface layers of the Baca Ranch property as crucial to the that broke up the continuity of the forest and sand are deposited at the east edge of the fragile Dune ecosystem and an important step notably the 14,000-foot ridge. This enticement valley before the wind rises to cross the in protecting the water of the San Luis Valley. helped to eventually convince the Forest Serv- Sangre de Cristo Mountains. This continuing At the same time, the Nature Conservancy, ice to support the goals of the legislation. process gradually enlarges and changes the under the leadership of state director Mark Finally, the most important part of this proc- shape and sand patterns of the dunes each Burget, was considering entering into tough ess was the innovative way in which my staff day. Overall, the dunes maintain a stable form negotiations to purchase the Baca Ranch. I and I offered to protect the hydrologic re- as a result of the combination of wind, topog- was encouraged by their dedication. sources of the area with an approach that re- raphy, and moisture from rain and snow. An- The communities of the San Luis Valley spected the local water interests. This was a other unique feature of the Great Sand Dunes overwhelmingly supported the Great Sand unique and creative effort to give the federal is a small stream called Medano Creek that is Dunes National Park proposal. For several government the ability to protect the water in fed by melting snow and only flows during months following the Summit, I worked with a manner that made everyone comfortable spring and early summer along the eastern my staff to consult with the communities of the with the process. This is perhaps the lynchpin edge of the dunes before disappearing below San Luis Valley through town hall meetings of the legislation, and one of the primary rea- ground in the valley. Medano Creek displays a over countless working weekends. Our goal sons for the bill. After all, it is the interwoven ‘‘surge-flow’’ behavior in that it flows in waves was to develop a set of community-generated hydrologic system in the San Luis Valley that and is the best example of this phenomenon principles that would serve as the basis for my creates the Dunes themselves. In fact, without in the world. Under the ground of nearly half legislative proposal to Congress for the au- the water to move the sand back down to the the valley is a fundamentally important aquifer thorization of the new park. dunes and create the conditions for the dunes that serves as both the principal source of Before going to work on this proposal in themselves, the Valley’s agriculture and Colo- ground water for irrigation and the mainte- Washington, I sent my staff out in the commu- rado’s largest concentration of wetlands would nance of the Dune ecosystem. If the aquifer nity to learn the issues better than anyone cease to exist. It is important to remember that were even modestly depleted, the rivers and else, so that the eventual draft legislation the San Luis Valley had just gone through a creeks that feed these dunes would dry up. would adequately reflect local priorities. Ahead Part of this vital aquifer underlies the scenic lengthy and expensive water fight with Amer- of the Summit, my staff had spent significant open-space Baca Ranch, consisting of ican Water Development Incorporated and time on the ground, meeting with local citizens 100,000 acres running alongside the Dunes. Stockman’s Water—a battle that led to two and officials who were interested in creating The expansive Baca Ranch property is critical ballot initiatives in 1998 that the Valley worked to the preservation of the fragile Sand Dunes the Great Sand Dunes National Park, includ- together to defeat. As a result of that effort, ecosystem and the economic life of the San ing county officers, Friends of the Dunes’ sup- the provisions in this bill that offered a way to Luis Valley. Following multiple water battles in porters, the Nature Conservancy, and park of- protect the Dunes and the water and agri- the Valley, a plan came together whereby the ficials. The information gathered through these culture in the Valley ensured our success. Baca Ranch could be part of a solution to meetings was instrumental in formulating the On March 28, 2000 I introduced H.R. 4095, these water issues while also helping in the legislative proposal to create the Great Sand a bill to establish the Great Sand Dunes Na- park’s designation. The Great Sand Dunes Dunes National Park and Preserve. For in- tional Preserve and authorize the Secretary of National Monument is one of Colorado’s great- stance, one of the priorities voiced locally was the Interior to re-designate the Great Sand est natural treasures and I am honored to the need to preserve the ability of the Colo- Dunes National Monument as a National Park. bring the concerns of the people of the San rado Division of Wildlife to manage the big This legislation was well received in the local Luis Valley to the attention of this nation. horn sheep population. That required some community, where numerous organizations The Great Sand Dunes National Park pro- creative problem solving, since typically hunt- passed resolutions or wrote letters in support posal was a ground-up, community driven ef- ing is not allowed in a park. That’s where we of my bill. My staff and I worked with members fort to enhance the status of the Great Sand came up with the idea to create a nature pre- of the Administration, along with State and Dunes National Monument to a National Park serve, managed by the National Park Service, local government officials to bring this impor- and Preserve. The push to preserve the Sand that would protect the aspects, such as the tant legislation to the attention of my col- Dunes area began in the 1930’s as Elizabeth hydrology, that make the park unique, while leagues in the Congress. Without the support Spencer and other members of the Chapter V also allowing for the hunting needed to man- of many of these organizations and numerous of the P.E.O. Sisterhood in Monte Vista, Colo- age the big horn sheep population. dedicated individuals, this legislation would rado circulated petitions and wrote letters to Another creative idea that was implemented never have become law. elected officials in Washington to prevent con- in the proposal was the designation of the I am grateful for the support of several indi- struction and commercial mining companies Baca National Wildlife Refuge. That designa- viduals who worked with us to make this legis- from hauling off truckloads of sand. All of their tion allowed for different management regimes lation a reality. Christine Canaly of the San hard work resulted in President Herbert Hoo- than a national park. It was envisioned for Luis Valley Ecosystems Council, a retired ver’s proclamation creating the Great Sand land diverse enough to be managed for wild- Adams State College professor and president Dunes National Monument. It wasn’t until the life (including the overpopulated elk), while of the Friends of the Dunes organization; fall of 1999 that the movement to crown one also flexible enough to account for an area Hobey Dixon, whose efforts to elevate the of Colorado’s natural jewels while preserving that could support significant migratory bird dunes and save the ecosystem, with special the agricultural way of life in the San Luis Val- populations, such as waterfowl, cranes and attention to keeping the water in the San Luis ley began to take its next steps. Protecting the shorebirds, through continuation of many of Valley, were instrumental to building a coali- great natural environment of the Dunes came the Ranch’s irrigation practices. In this way, tion of local support. Mike Gibson, former out of requests from citizens who represented the park could become an economic draw in head of the Nature Conservancy’s San Luis the San Luis Valley. Several community mem- and of itself. Additionally, I listened to the Valley Project; Ray Wright, the Chairman of bers contacted me about trying to preserve wishes of the citizens of Saguache County the Rio Grande Water Conservation District; and protect the Sand Dunes while putting an who were concerned about the potential for Ralph Curtis, the manager of the Rio Grande end to the decades long fight over efforts to traffic congestion created by a possible north- Water Conservation District. Ralph, along with export the Valley’s water. This input from the ern entrance to the park. I decided to include the rest of the Colorado water community, local community was critical to the legislative a locally driven advisory council that could be were helpful in working with us to creatively proposal that I planned to draft and introduce a platform for ensuring that these local con- forge consensus solutions to the water issues at the upcoming Sand Dunes Summit. cerns were considered when the management central to the ecosystem and the Valley’s

VerDate jul 14 2003 04:01 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\K27AP8.011 E27PT1 E666 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 2004 economy. Their suggestions helped us to push 22, 2000, the President signed the legislation Mr. Speaker, David Ben-Gurion and the Zi- for the purchase of the Baca Ranch property designating the Great Sand Dunes National onist leadership were practical enough to ac- that is crucial to maintaining the fragile Dunes Park and Preserve into law. cept the 1947 U.N. partition resolution, though ecosystem. Mike Blenden, the local manager I was overjoyed with the enactment of our they had hoped for much more. They were hu- for the U.S. Fish and Wildlife Service, played legislation, but I also knew that, in order to mane enough to treat their Arab citizens as a significant role in helping me to craft the make sure the monument made the transition equals when Arab leaders were threatening to ‘‘Refuge’’ portion of the bill. Steve Chaney, to a national park, the essential Baca Ranch drive the Jews into the sea. They and their who serves as superintendent of the Great property would need to be incorporated into successors were bold enough to do what is Sand Dunes National Monument and Pre- the park. My staff and I have continued to necessary to keep Israel and the Jewish peo- serve, was also an invaluable source of sup- work with the Nature Conservancy to stave off ple alive, regardless of what the rest of the port and dedication throughout the entire proc- a few procedural battles and have asked for world might think. ess. I was fortunate to receive the support of the necessary appropriations to acquire the Usually, the world decides much later that Colorado State Legislators Gigi Dennis and funds necessary for the purchase of the Baca Israel was right after all. Remember the bomb- Lewis Entz, who teamed up to pass a resolu- Ranch and the transfer of ownership from the ing—the then much criticized bombing—of the tion in the Colorado legislature that supported Nature Conservancy to the federal govern- Iraqi nuclear reactor Osirak in 1981? How uni- our efforts to create the new National Park ment. As of April of 2004, we have managed versally scorned it was at the time. At that and Preserve. My staff and I were also grate- to acquire all but roughly $3 million of the time, I was the only Member of the Congress ful for the dedication of various individuals funding needed to go towards the closing to commend Israel for its action. How grateful from the Governor’s office and the Colorado costs to the U.S. Fish and Wildlife Service, the civilized world is now for Israel’s bold State Land Board, who worked with us to help which is the last step in re-designating the move in 1981. structure the finances of the Baca Ranch land Great Sand Dunes National Park and Pre- Once again, courageous Israeli leadership purchase. The Action 22 organization also serve. My staff and I have, in conjunction with has come to the fore. As I speak, I have no passed a supportive resolution encouraging U.S. Senator BEN NIGHTHORSE CAMPBELL, al- idea whether Prime Minister Sharon’s plan for the park’s re-designation. However, this legis- ready made the request for the final appropria- unilateral redeployment from Gaza and parts lation could never have been successful with- tion. We are encouraged by the resolve of all of the West Bank will be accepted by the out the initial support of the grass-roots efforts of our supporters in this final step. It has been Israeli people, government, and Knesset. I do of people like local organizer Dion Stewart, a long journey and I especially want to thank know that Prime Minister Sharon’s plan dem- Rio Grande County Commissioners Randall all of those devoted individuals and organiza- onstrates a clear commitment to establishing a Brown, Doug Davie, and Vern Rominger, tions that have worked with me to make this structure of peace in the absence of a viable Alamosa County Commissioners Darius Allen, initiative a legislative success. The designation Palestinian peace partner. And I do know that Charlotte Bobicki, and Bob Zimmerman, and of this park is a tribute to the natural beauty the Israeli verdict on that plan will be arrived citizens throughout the region. of Colorado and the hard work of numerous at democratically. Despite this overwhelming support from capable and committed people. The realization Mr. Speaker, Israel also has been blessed state and local officials, neighboring commu- of our goal is in sight, and I hope that in the with the great friendship and unswerving sup- nities and statewide organizations, H.R. 4095 very near future we will achieve our common port of the United States. It has earned this had opposition from two of Colorado’s U.S. dream of creating the Great Sand Dunes Na- friendship not only because of shared strategic Congressional Representatives from Teller tional Park and Preserve. interests but also because Israel has fash- County and Eastern Colorado, whose dis- I’d like to thank Elizabeth Peetz of my staff ioned a society that embodies the same fun- agreements centered on concerns over control who helped compile the history of these ef- damental values as our own. Against impossible odds, Israel has estab- of water usage in Colorado and a belief that forts. lished a vibrant, open, prosperous, free, and the Great Sand Dunes National Monument f fully democratic society; a pluralistic society was not on par with our other national parks. ISRAEL AND THE UNITED STATES In response to the clear intentions of the built by people from virtually every country in ON ISRAEL’S 56TH INDEPEND- the world; a society that is politically, economi- Representative from Teller County to kill the ENCE DAY legislation through the Committee process in cally, and intellectually on a par with the best of the West. In fact, the Arab population of the U.S. House of Representatives, it became Israel enjoys incomparably more freedom and clear that we would have to try another route. HON. TOM LANTOS OF CALIFORNIA democratic rights than do those who live any- I went to Senator WAYNE ALLARD and worked IN THE HOUSE OF REPRESENTATIVES where in the Arab world. out a strategy with him to pass an identical Tuesday, April 27, 2004 Mr. Speaker, the past four years have been measure in the Senate. Senator ALLARD quick- among the most dangerous in the history of ly agreed and S. 2547 was introduced on May Mr. LANTOS. Mr. Speaker, I wish to con- the State of Israel. The scale of Israeli loss in 11, 2000. Within a month, the Senate Com- gratulate Israel on its Independence Day, the the so-called intifada is staggering—much of it mittee on Energy and Natural Resources held 56th anniversary of the founding of the mod- the result of suicide bombings. a Subcommittee hearing and a full Committee ern State of Israel. In 56 years, Israel has ex- Israel should know that its friends in the mark-up. On October 5, 2000 the U.S. Senate perienced more dangers and more triumphs, United States stand in complete solidarity with unanimously passed S. 2547. Pursuant to a more success and more tragedy, more highs it in its fight against terrorism. Its friends here prior arrangement with the Speaker of the and lows than many states that have existed will defend its right to protect itself against all House, the following day the Senate-passed for many centuries longer. Throughout it all, forms of terrorism, against the scourge of version of my bill was received in the House Israel’s indomitable spirit has conquered ad- those who place no value on human life. Its and held at the desk for subsequent consider- versity. friends fully understand and support Israel’s ation on the Floor. This parliamentary proce- Israel has much for which to be grateful. right to build a security fence to keep out sui- dure is very unusual. On October 24, I de- Foremost, Israel has so often been blessed cide bombers. And Israel should know that its bated well into the evening with my opposing with great leaders, with wise and visionary friends here won’t be afraid to stand up to un- colleague about the merits of the bill. I wel- leadership. This tradition goes back to Israel’s justified and disturbingly persistent criticism comed the support that I received from other modern origins. At the end of the nineteenth coming from Europe, from those who have members of the Colorado Congressional dele- century, the founder of the modern Zionist managed to misunderstand the lessons of gation, who spoke in favor of this legislation movement Theodor Herzl made the most pre- their own history. on the Floor. However, given the Representa- posterous and prophetic prediction I know of, And Israel should rest assured that its tives position on the Resources Committee at when he asserted that a Jewish state would friends here agree that violence must end be- the time, we couldn’t take anything for grant- be born within a half-century. He made that fore negotiations begin. You cannot negotiate ed. That evening, after the debate, I had my prediction in 1897, when virtually nobody took with terror; you can only defeat it. Only when staff personally deliver a ‘‘Dear Colleague’’ let- the idea seriously. Fifty-one years later, in the Palestinians learn that they cannot ex- ter from me to each Member of Congress ask- 1948, the state of Israel was founded. haust Israel through violence will they be ing that they support my Sand Dunes bill, In statehood, Israel’s leaders have been ready for the kinds of political compromises which would be voted on the next day. practical, humane, bold, and peace-loving. It is necessary for a lasting peace. Israel’s friends On October 25, 2000, by a vote of 366 to a pity that Israel’s neighbors generally have understand that. 34, the House of Representatives overwhelm- not been blessed with leaders of a similar Mr. Speaker, for Israel’s friends, today is a ingly approved the legislation. On November type. day for joy, solidarity, and reflection. As we

VerDate jul 14 2003 04:01 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\K27AP8.011 E27PT1 April 27, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E667 join with our Israeli friends to celebrate the re- Hammond, LA. George and Germaine were and to pay tribute to the fallen men, women, markable story of Israeli independence, we married on July 20, 1921. Having spent over and children that have died in Israel’s contin- take special pride in the role our nation has 80 years together, I am proud to honor ued struggle for independence and democ- played and continues to play in supporting George and Germaine as Louisiana’s longest racy. Israeli security and in promoting the special bi- married couple. f lateral relationship from which our nations George Briant is a World War I veteran. He have derived great and mutual benefit. was awarded the Purple Heart and the French COMMEMORATING THE ARMENIAN GENOCIDE f Legion of Honor due to his outstanding service to this country. Following in his father’s foot- IN RECOGNITION OF EUNICE W. steps, their son George fought in World War HON. CAROLYN B. MALONEY JOHNSON 11. In 1945 at the age of 25, George was OF NEW YORK HON. MIKE ROGERS killed during the filming of a movie while on IN THE HOUSE OF REPRESENTATIVES leave from his military duties. Tuesday, April 27, 2004 OF ALABAMA On February 14, 2003, the Briants were rec- IN THE HOUSE OF REPRESENTATIVES ognized by the Louisiana Family Forum as the Mrs. MALONEY. Mr. Speaker, as a proud Tuesday, April 27, 2004 longest married couple in Louisiana. A dinner member of the Congressional Caucus on Ar- menian Issues, and the representative of a Mr. ROGERS of Alabama. Mr. Speaker, I was also held in honor of the Briants at the large and vibrant community of Armenian rise today to pay tribute to Eunice W. John- Louisiana Governor’s Mansion last year. Americans, I rise today to join my colleagues son, a nationally known business leader and George and Germaine currently reside at Live humanitarian. On May 2, 2004, she will ad- Oak Village in Hammond, where they are in the sad commemoration of the Armenian dress the 129th Commencement Exercises at often seen happily spending all of their time Genocide. Talladega College in Talladega, Alabama. together. Today, we continue the crusade to ensure Eunice Johnson is a graduate of Talladega I come to the floor of the House of Rep- that this tragedy is never forgotten. This 89th College with a B.A. degree in sociology and a resentatives today to personally commend and anniversary of the Armenian Genocide is an minor in art. She grew up in Selma, Alabama, honor the marriage of George and Germaine emotional time. The loss of life experienced by where her father, Dr. Nathaniel Walker, was a Briant. They serve as living examples of life- so many families is devastating. But, in the physician, and her mother, Mrs. Ethel Walker, long commitment, love, courage, and faith. face of the systematic slaughter of 1.5 million was the principal of the high school and taught Again, congratulations to George and people, the Armenian community has per- education and art at the college level at Selma Germaine on 80 years of marriage. I wish you severed with a vision of life and freedom. University. Following graduation from a very Happy Anniversary. Armenian Americans are representative of Talladega College, Eunice Johnson earned f the resolve, bravery, and strength of spirit that her Master’s degree in social work from Loy- is so characteristic of Armenians around the ola University in Chicago. She also studied ISRAEL INDEPENDENCE DAY world. That strength carried them through hu- journalism at Northwestern University and inte- manity’s worst: Upheaval from a homeland of rior decorating at the Ray School of Design. HON. JERRY F. COSTELLO 3,000 years, massacre of kin, and deportation Mrs. Johnson is the secretary-treasurer of OF ILLINOIS to foreign lands. That same strength gathers Johnson Publishing Company, Inc., which was IN THE HOUSE OF REPRESENTATIVES Armenians around the world to make certain founded by her husband, John H. Johnson, in that this tragedy is never forgotten. Tuesday, April 27, 2004 1942. Johnson Publishing Company publishes Without recognition and remembrance, this Ebony and Jet magazines and is the largest Mr. COSTELLO. Mr. Speaker, I rise today to atrocity remains a threat to nations around the Black-owned publishing company in the world. mark the anniversary of the establishment of world. I’ve often quoted philosopher George Since 1961, she has been producer and direc- the State of Israel and to pay tribute to those Santayana who said: ‘‘Those who do not re- tor of Ebony Fashion Fair, the world’s largest who have given their lives for the achievement member the past are condemned to repeat it.’’ traveling fashion show, which has donated of the country’s independence and its contin- And to remember, we must first acknowledge over $49 million to the United Negro College ued existence. what it is—Genocide. Fund and other African-American charities. Israel’s Independence Day comes just 8 Tragically, more than 1.5 million Armenians Out of her involvement in Ebony Fashion Fair, days after the Holocaust Remembrance Day were systematically murdered at the hands of Mrs. Johnson created Fashion Fair Cosmetics, which is the day that has been set aside for the Young Turks. More than 500,000 were de- which is a world leader in cosmetics and skin remembering the victims of the Holocaust and ported. It was brutal. It was deliberate. It was care for women of color. for contemplating what can happen to civilized an organized campaign and it lasted more Eunice Johnson has been an active mem- people when bigotry, hatred, and indifference than 8 years. We must make certain that we ber of many community organizations in the reign. Lost 2 thousand years earlier, Jewish remember. Chicago area where she lives. She has re- independence was restored in 1948 with the Now, we must ensure that the world recog- ceived the Outstanding Black College Univer- establishment of the State of Israel. Independ- nizes that Armenian people have remem- sity Alumnus Award from the Alabama A&M ence Day is a celebration of the renewal of bered, and they have survived and thrived. University Alumni Association and the Hon- the Jewish state and allows the Jewish people Out of the crumbling Soviet Union, the Re- orary Doctorate of Humane Letters from to continue development of their distinctive re- public of Armenia was born, and independ- Talladega College and Shaw University. She ligion and culture. ence was gained. But, independence has not is a Golden Life Member of Delta Sigma Theta However, their independence has come at a ended the struggle. and a member of the Advisory Board of the price. The State of Israel has faced obstacles To this day, the Turkish government denies Harvard Graduate School of Business. and challenges to its very survival, with con- that genocide of the Armenian people oc- I am proud to recognize one of the most ventional military attacks leading the way to curred and denies its own responsibility for the distinguished and successful alumni of suicide bombers who have killed innocent deaths of 1.5 million people. Talladega College, Eunice W. Johnson, as Israeli men, women, and children. Through In response to this revisionist history, the she addresses the graduating class of 2004, these adversities, Israel has endured with con- Republic of France passed legislation that set and appreciate the House’s attention to this tinued strength, conviction, and faith. As the the moral standard for the international com- important matter today. only democracy in the region, it serves as a munity. The French National Assembly unani- f model for its neighbors and provides hope for mously passed a bill that officially recognizes CONGRATULATING GEORGE AND the future. As the United States had to face the massacre of 1.5 million Armenians in Tur- GERMAINE BRIANT the harsh realities of terrorism following the key during and after WWI as genocide. unthinkable attacks on our country on Sep- Several nations have since joined in the be- HON. DAVID VITTER tember 11, 2001, the bond between our na- lief that history should beset straight. Canada, tions has never been stronger. Argentina, Belgium, Lebanon, The Vatican, OF LOUISIANA Mr. Speaker, the commemoration of the Uruguay, the European parliament, Russia, IN THE HOUSE OF REPRESENTATIVES independence of Israel is an important re- Greece, Sweden and France, have authored Tuesday, April 27, 2004 minder of the contributions of Israel to democ- declarations or decisions confirming that the Mr. VITTER. Mr. Speaker, I rise today to racy worldwide. Today, I ask my colleagues to genocide occurred. As a country, we must join recognize George and Germaine Briant, of join me in celebrating Israel’s independence these nations in recognition of this atrocity.

VerDate jul 14 2003 04:01 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\K27AP8.012 E27PT1 E668 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 2004 I am proud to join more than 100 of my col- America’’ event in Anniston, AL, to be held timents are still dominant between Americans leagues in cosponsoring H. Res. 193, which this year on May 15, 2004. ‘‘Kids Day Amer- and Israelis today. emphasizes the importance of remembering ica’’ is in its 10th year and is a special day set Israel has had to fight against external foes and learning from past crimes against human- aside across the nation to address health, from the very beginning of its existence. With ity. We must demand that the United States safety, and environmental issues that affect us great bravery, the Israeli people have been officially acknowledge the forced exile and an- as individuals and as a community. Wade defending their country for 56 years and have nihilation of 1.5 million people as genocide. Clinic of Chiropractic of Anniston is the official lost more than 21,700 soldiers and thousands Denying the horrors of those years merely chiropractic office representing the event. of civilians in this struggle. Yesterday, the condones the behavior in other places as was This year in Anniston, ‘‘Kids Day America’’ Israeli people observed a special annual day evidenced in Rwanda, Indonesia, Burundi, Sri will benefit the Wellness Education Founda- of remembrance for the victims of this fight. I Lanka, Nigeria, Pakistan, Ethiopia, Sudan, and tion, a national nonprofit organization formed want to express my sympathy to the people of Iraq. Silence may have been the signal to per- for the purpose of educating communities Israel for their human losses in the past and petrators of these atrocities that they could across the country about wellness issues. The in the present. The American people are commit genocide, deny it, and get away with Anniston Police Department is bringing deeply concerned about the ongoing conflict it. McGruff, the Crime Dog; the Calhoun County between the Palestinians and the Israelis and As Americans, the reminder of targeted vio- Sheriff’s Department will be present to finger- hope that these two people will soon find a lence and mass slaughter is still raw. We lost print ID children; the Calhoun County LINC way to live together in peace. nearly 3,000 people on September 11. I can- Program will be presenting parenting work- not imagine the world trying to say that this shops; the Health Department will be distrib- I wish the Israeli people a peaceful and did not occur. The loss of 1.5 million people is uting information; and the Alabama Power cheerful Independence Day. They have every a global tragedy. Company will be presenting their reason to be proud of their country. A peaceful and stable South Caucasus re- ‘‘SafetyOpolus.’’ gion is clearly in the U.S. national interest. More than 1500 communities have partici- f Recognizing the genocide must be a strategy pated in ‘‘Kids Day America.’’ With the help ON THE LOSS OF LANCE for this goal in an increasingly uncertain re- and support of thousands of local police de- CORPORAL MATTHEW K. SERIO gion. One of the most important ways in which partments, county sheriff offices, dentists, and we an honor the memory of the Armenian vic- photographers who volunteer, the children tims of the past is to help modern Armenia who attend will be able to complete their own HON. JAMES R. LANGEVIN build a secure and prosperous future. Child Safety ID cards. The United States has a unique history of I salute ‘‘Kids Day America’’ for the service OF RHODE ISLAND aid to Armenia, being among the first to recog- it provides and commend Wade Clinic of IN THE HOUSE OF REPRESENTATIVES nize that need, and the first to help. I am Chiropractic of Anniston, Alabama, for its pleased with the U.S. involvement in the em- sponsorship of this event on May 15, 2004. Tuesday, April 27, 2004 phasis of private sector development, region- f ally focused programs, people-to-people link- Mr. LANGEVIN. Mr. Speaker, it is with pro- ages and the development of a civil society. CONGRATULATIONS TO ISRAEL ON found sorrow that I rise to recognize the death I recently joined many of my colleagues in ITS NATIONAL DAY of Lance Corporal Matthew K. Serio, a brave requesting funding for Armenia including for Marine who served with dignity and honor in Foreign Military Financing, for Economic Sup- HON. CHARLES B. RANGEL Iraq. I join his family and the people of Rhode Island in mourning this great loss. port Funds, and for assistance to Nagorno- OF NEW YORK Karabakh. IN THE HOUSE OF REPRESENTATIVES On Monday, April 5, Lance Corporal Serio Armenia has made impressive progress in was killed by enemy fire during combat oper- Tuesday, April 27, 2004 rebuilding a society and a nation in the face of ations near Fallujah, Iraq. A member of Char- dramatic obstacles. I will continue to take a Mr. RANGEL. Mr. Speaker, I rise today to lie Company, 1st Battalion, 5th Marines, Lance strong stand in support of Armenia’s commit- honor the people of Israel who celebrate their Corporal Serio was serving his second tour of ment to democracy, the rule of law, and a Independence Day today in accordance with duty in Iraq. He graduated from North Provi- market economy—I am proud to stand with the Hebrew calendar. Fifty-six years ago, on dence High School in 2001, where he distin- Armenia in doing so. But there is more to be May 14 1948, the Jewish people proclaimed guished himself as a member of the football done. Conflict persists in the Nagorno- the establishment of their own state and Israel team. After graduation, he pursued a lifelong Karabakh region. was born. After hundreds of years of diaspora dream and immediately enlisted in the U.S. Congress has provided funding for con- and persecution and three years after the full Marine Corps. fidence building in that region, and I will con- terrors of the holocaust were disclosed to the tinue my support of that funding and the move I extend my deepest condolences to his par- world, the Jewish people were finally able to ents Anthony and Sharon, his younger brother toward a brighter future for Armenia. But in return to the land of their biblical roots. building our future, we must not forget our Chris, and his older brother A.J., who serves The Israeli and the American people have in the Navy. The people of North Providence past. That is why I strongly support the efforts had a special relationship ever since 1948. of the Armenian community in the construction and Rhode Island have demonstrated their President Harry S Truman was the first head love and appreciation for Matthew’s sacrifice of the Armenian Genocide Memorial and Mu- of state to recognize the new country. He had seum. Because so many Armenians have spo- and have spoken highly of his contributions to always seen the extraordinary connection of their lives. Those who knew him well recalled ken of the destruction, they have made certain the American people and the Jewish popu- that we remember. his friendliness and compassion, as well as lation in the Middle East. In his memoirs he his patriotism and love of service. Nothing we can do or say will bring those stressed that both the Americans and the who perished back to life, but we can imbue Jews in the Near East were pioneers who His loss causes us to reflect on the bravery their memories with everlasting meaning by turned unexploited lands into powerful engines demonstrated by our men and women in uni- teaching the lessons of the Armenian geno- of growth. Under the hard working hands and form as they carry out their obligations in the cide to the next generation and help Armenia the sweat of the Jewish people, the bleak face of danger. When their nation called them build its future. desert started to bloom and within years of its to duty to preserve freedom, liberty and the f existence the state of Israel became an eco- security of their neighbors, they answered nomical developed country which attracted im- without hesitation. We remember those who IN RECOGNITION OF KIDS DAY have fallen not only as soldiers, but also as AMERICA/INTERNATIONAL migrants from all over the world. Even before the state of Israel was estab- patriots who made the ultimate sacrifice for HON. MIKE ROGERS lished, President Truman foresaw that the their country. May we keep their loved ones in Jewish state would be a stable democracy our thoughts and prayers as they struggle to OF ALABAMA with values similar to those of the United endure this difficult period and mourn the he- IN THE HOUSE OF REPRESENTATIVES States. Truman admired Israel’s first President roes America has lost. Tuesday, April 27, 2004 Chaim Weizmann as a great statesman and We will continue to hope for the safe and Mr. ROGERS of Alabama. Mr. Speaker, I the relationship of these two men was one of speedy return of all of our troops serving rise today in recognition of the ‘‘Kids Day mutual understanding and respect. These sen- throughout the world.

VerDate jul 14 2003 04:01 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 0626 Sfmt 0634 E:\CR\FM\A27AP8.048 E27PT1 April 27, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E669 IN RECOGNITION OF THE DONOHO much in her own personal life yet still man- forced by its neighbors and many in the inter- SCHOOL ages to give so much to the community. She national community to fight for the right to deserves tremendous acknowledgement and exist. As the only country in the region with a HON. MIKE ROGERS appreciation for all that she has contributed to popularly elected democracy, Israel remains OF ALABAMA the citizens of Louisiana. our staunchest ally. IN THE HOUSE OF REPRESENTATIVES Again, I would like to thank Dorothy Noriea In the face of continuous terror, citizens of for so honorably representing the state of Lou- Israel try to lead a normal life. However, they Tuesday, April 27, 2004 isiana. remain haunted by acts of violence that they Mr. ROGERS of Alabama. Mr. Speaker, I f have witnessed. Sadly, many have felt the an- rise today to pay tribute to The Donoho guish of knowing someone who has been School in Anniston, Alabama, on the occasion COMMEMORATION OF THE murdered. Many are afraid to ride buses, sit in of the celebration the of school’s 40th anniver- ARMENIAN GENOCIDE cafes, or visit outdoor markets. The pursuit of sary on Friday, May 7, 2004. happiness, often taken for granted in the The Donoho School is an independent, col- HON. JERRY F. COSTELLO United States, is summarily abridged by those lege-preparatory day school in Anniston, Ala- OF ILLINOIS that seek to destroy Israel. bama, enrolling 366 students in pre-kinder- IN THE HOUSE OF REPRESENTATIVES The majority of Israeli citizens desire peace garten through grade twelve. It was founded with their neighbors. They want to be free Tuesday, April 27, 2004 as a secondary institution in 1963 and char- from terrorist attacks and free from the con- tered under the name of The Anniston Acad- Mr. COSTELLO. Mr. Speaker, I rise today to stant fear that plagues them. On this day, emy. In 1976, the name was changed to The pay tribute to the victims of one of history’s Yom Ha’Atzmaut, we must pledge to work to Donoho School in recognition of Mrs. Harriet most terrible tragedies, the Armenian Geno- further the goal of peace in the Middle East Wallis Donoho, a founder and benefactor of cide. and ensure the continued existence of the the school. April 24, 1915 is remembered and solemnly lone representative democracy in the region, The Donoho School’s mission is to provide commemorated each year by the Armenian our friend and ally, Israel. Let us not forget a quality college-preparatory education to ca- community and others throughout the world. that this is a day of celebration for Israelis who pable, highly motivated students. It is com- On that day, Armenian religious, political, and commemorate the establishment of Israel with mitted to the development of the total child by intellectual leaders were arrested in Constanti- great joy. Against all odds, the fledgling Jew- providing a challenging curriculum in an at- nople, taken to the interior of Turkey and mur- ish State has survived and grown into a sta- mosphere conducive to good citizenship, per- dered. In the years that followed, Armenians ble, economically strong country. sonal integrity and devout religious principles. living under Ottoman rule were systematically f The school’s academic, athletics, fine arts and deprived of their homes, property, freedom, other student activities are designed to fulfill dignity, and ultimately their lives. By 1923, 1.5 TRIBUTE TO NATIONAL ETHNIC this commitment. million Armenians had been massacred and COALITION OF ORGANIZATIONS As the Congressional representative for An- 500,000 more had been deported. niston, Alabama, I have long been aware of The Armenian Genocide is a historical fact, HON. CHARLES B. RANGEL the outstanding reputation The Donoho School despite the efforts of some to minimize its OF NEW YORK holds in the local community and surrounding scope and deny its occurrence. Many of the IN THE HOUSE OF REPRESENTATIVES survivors of the genocide came to the United areas. I am proud to salute this fine school on Tuesday, April 27, 2004 its 40th anniversary. States, where they and their descendants Mr. RANGEL. Mr. Speaker, I am pleased f have contributed to our society in countless ways. In my district, there is a significant pop- today to pay tribute to an outstanding humani- CONGRATULATING DOROTHY ulation of Armenian survivors and their fami- tarian organization, the National Ethnic Coali- NORIEA lies that showed heroic courage and a will to tion of Organizations. NECO, as it is better survive. With faith and courage, generations of known, celebrates its 20th anniversary this HON. DAVID VITTER Armenians have overcome great suffering and year. OF LOUISIANA proudly preserved their culture, traditions, and NECO’s mandate is simple but powerful, IN THE HOUSE OF REPRESENTATIVES religion and have told the story of the geno- universal in scope and humanitarian in pur- cide to an often indifferent world. As Members pose. It seeks to preserve ethnic diversity, Tuesday, April 27, 2004 of Congress and people of conscience, we promote equality and tolerance, combat injus- Mr. VITTER. Mr. Speaker, I rise today to must work to overcome the indifference and tice and bring about harmony and unity among recognize Dorothy Noriea, of Mandeville, Lou- distortions of history, and ensure that future all peoples. isiana. Dorothy has been named the Louisiana generations know what happened. Since its founding in 1984 this multi-ethnic Breast Cancer Task Force’s Board Member of Mr. Speaker, genocide is the most potent of coalition has taken leadership in the promotion the Year. all crimes against humanity because it is an of diversity and has sponsored programs, ac- After being diagnosed with breast cancer in effort to systematically wipe out a people and tivities and educational initiatives designed to the summer of 1998, Dorothy underwent a a culture as well as individual lives. Denying break through the walls of ethnic misunder- lumpectomy, mastectomy, chemotherapy and that genocide took place when there are re- standing and ignorance. radiation and completed treatment in 1999. corded accounts of barbarity and ethnic vio- I am especially pleased and proud in this Dorothy has since served as a member Lou- lence is an injustice. This was a tragic event tribute to acknowledge the inspirational leader- isiana Breast Cancer Task Force, an organiza- in human history, but by paying tribute to the ship and tireless work of NECO’s Chairman tion which puts forth an immeasurable amount Armenian community we ensure the lessons and a good friend, William Denis Fugazy. Bill of effort in working towards a cure for breast of the Armenian genocide are properly under- has been the leader of NECO throughout cancer. stood and acknowledged. I am pleased my these 20 years and in that role has become In addition to her work with the Louisiana colleagues and I have this opportunity to en- one of our nation’s most respected humani- Breast Cancer Task Force, Dorothy also sure this tragedy is remembered. tarian leaders and a dedicated visionary, who serves on the Board of the Mandeville PTA, f constantly works to promote brotherhood and the Greater Covington Junior League, the respect between all citizens. Beau Chene Garden Club, and the Pres- CELEBRATION OF ISRAEL NECO’s most distinct program is familiar to byterian Women’s Club. Her invaluable service INDEPENDENCE DAY many of you and to the general public. Each to the community shows her to be selfless and year since 1986, NECO has awarded the Ellis full of strength and courage. HON. CAROLYN B. MALONEY Island Medal of Honor. It honors Americans of I come to the floor of the House of Rep- OF NEW YORK various ethnic origins for their outstanding resentatives today to personally commend and IN THE HOUSE OF REPRESENTATIVES contributions to this country. It is an award honor Dorothy Noriea on being named the that has been bestowed on all American Louisiana’s Breast Cancer Task Force’s Board Tuesday, April 27, 2004 Presidents since 1986 as well as Nobel Prize Member of the Year. I am honored that we as Mrs. MALONEY. Mr. Speaker, today we winners, leaders in entertainment, business members of the U.S. Congress are able to commemorate Yom Ha’Atzmaut, Israel’s Inde- and science and a number of members of recognize a woman who has been through so pendence Day. For 56 years, Israel has been Congress on a bi-partisan basis. I was proud

VerDate jul 14 2003 04:01 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.052 E27PT1 E670 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 2004 in 2001 to cosponsor a resolution which NECO’s strength of character and sense of IN RECOGNITION OF PIEDMONT passed the House and Senate to recognize commitment has been unwavering. ELEMENTARY SCHOOL’S STU- the Ellis Island Medal of Honor. It is a special honor for me to recognize DENT COUNCIL Beyond the Ellis Island Medals, NECO has NECO and its great work these past twenty provided leadership in a wide range of human- years. I salute NECO’s leadership including its HON. MIKE ROGERS itarian and national civic work. This includes Board of Directors, staff and volunteers and OF ALABAMA raising more than $1 million to renovate and IN THE HOUSE OF REPRESENTATIVES refurbish the Immigrant Wall of Honor on Ellis most especially their Chairman, Bill Fugazy. Island, a wall which contains the names of NECO is an outstanding model of an organi- Tuesday, April 27, 2004 more than 200,000 immigrants to the United zation which does so well by doing such good. Mr. ROGERS of Alabama. Mr. Speaker, I States who first aimed to begin the American rise today in recognition of Piedmont Elemen- dream on Ellis Island. f tary School of Piedmont, Alabama. This fine One of the best-known of NECO’s programs elementary school has established a Student THE LOSS OF MASTER SERGEANT is the Forum Children’s Foundation. This Council in order to teach its students the im- RICHARD L. FERGUSON project involves sponsoring children from var- portance of government and the democratic ious third world nations who are in need of ur- principles. As I read the letters of some of its gent medical assistance to come to the United young officers, I know that this experiment has States and receive this care. To date more HON. JAMES R. LANGEVIN been successful. These young people, under than 30 children have been provided with sur- OF RHODE ISLAND the leadership of student council sponsors geries and related care that could be charac- Miss Leslie Gary and Mrs. Melinda Whaley, IN THE HOUSE OF REPRESENTATIVES terized as either life saving or life changing in are indeed a credit to their school, their com- nature. The Foundation assumes the responsi- Tuesday, April 27, 2004 munity and their state. bility for the costs associated with the care As a reward for their service on the Pied- and the transportation necessary to receive it. Mr. LANGEVIN. Mr. Speaker, it is with pro- mont Elementary School Student Council and In this endeavor they have made a genuine found sorrow that I rise to recognize the death to further their education about our American difference in the lives of not only the children of Master Sergeant Richard L. Ferguson, government, these students will be traveling to but their families as well. United States Army—a brave soldier who Washington, D.C., on April 27 to May 1, 2004. NECO in its history has been deeply in- served with dignity and honor in Iraq. I join his The Alabama Legislature has designated them volved as an advocate to combat the rising family and the people of Rhode Island in as ‘‘Ambassadors of Goodwill.’’ local, state, and national problem of hate mourning this great loss. I welcome these Alabama Ambassadors of crimes. It began in response to one of the Goodwill and their principal, John H. McGill, On Tuesday, March 30, Master Sergeant most heinous of all hate crimes that was com- as the Piedmont Elementary School Student Ferguson was killed in Samarra, Iraq, when mitted against James Byrd in Texas. NECO in Council visits our Nation’s Capital. I salute the vehicle in which he was riding overturned addition to helping the Byrd family with the fu- these young people for their accomplishments. in a non-hostile incident. He served with 2nd neral costs, also established two scholarships f a year in conjunction with the James Byrd Jr. Battalion, 10th Special Forces Group out of Foundation for Racial Healing. NECO has Fort Carson, Colorado. Raised in Coventry, THANKING SISTER IMELDA FOR worked closely with the sponsors of com- Rhode Island, Master Sergeant Ferguson THIRTY-FIVE YEARS OF GUID- prehensive hate crime prevention legislation in joined the Army at the age of 17 and served ANCE, SERVICE, AND LEADER- both the House and the Senate working to his nation honorably as a member of the elite SHIP educate and inform the Congress about the Special Forces. His assignments sent him need to prevent hate crimes by providing law around the globe on important and challenging HON. DAVID VITTER enforcement with adequate resources and re- missions, and it was while stationed in Ger- OF LOUISIANA sponsibility. Today in our nation we average many that he met his wife, Marianne. IN THE HOUSE OF REPRESENTATIVES nearly 25 hate crimes a day and it is obvious Marianne now lives in Colorado with their chil- Tuesday, April 27, 2004 that we must do more to combat the problem. dren, Jonathan, Jordan, and Jason. NECO is constant in its efforts to combat Mr. VITTER. Mr. Speaker, I rise today to Master Sergeant Ferguson’s many years in negative ethnic and racial stereotyping. This recognize Sister Imelda Moriarty, Principal of the Army demonstrate his dedication to our has included work with the Family Exchange St. Catherine of Siena School in Metairie, Lou- nation’s freedom, a belief shared by others in Peace Program. This program brings thou- isiana. Sister Imelda is retiring after thirty-five sands of school children and their families to- his family that were also called to service; his years of teaching at St. Catherine. She is a gether to raise awareness about the diverse father, Lee F. Ferguson, Sr., served in Korea, pillar of the Louisiana educational community racial and ethnic heritage of New York City as his brother, Lee Jr., was a member of the and will be sorely missed. well as to encourage racial, ethnic and cultural 82nd Airborne, and his brother Eric is in the Sister Imelda began teaching at St. Cath- harmony. Air National Guard. Richard Ferguson also erine of Siena School in 1969 with a class of NECO also is responsible for one of the leaves a sister, JoAnn Phillips of Coventry, forty-one students. She became principal in most important Italian American organizations, and a daughter, Audrey. Those who knew him 1974, and she will retire as principal in May of the Coalition of Italo-American Associations. well spoke highly of his love of his family, and 2004. Since the arrival of Sister Imelda, St. The Coalition representing 143 organizations his patriotism. He was described as a leader Catherine has become the largest nonpublic around the nation with a membership of some who demonstrated humility, commitment and school in Louisiana. 1.5 million works in conjunction with NECO on courage. Generation after generation of children from the key mission to fight discrimination includ- His loss causes us to reflect on the bravery the New Orleans area have attended and will ing negative media stereotyping, and to spot- demonstrated by our men and women in uni- attend St. Catherine. Under the guidance of light the contributions which Italian Americans form as they carry out their obligations in the Sister Imelda, thousands of students have re- make and continue to make to America. face of danger. When their nation called them ceived excellent educations and have become NECO also is responsible for the Forum to duty to preserve freedom, liberty and the positive contributors to their communities. Club, a leading business organization in New security of their neighbors, they answered More importantly, these students have devel- oped a moral, ethical and spiritual foundation York City, which sponsors monthly high-level without hesitation. We remember those who to help guide them through life. It is through programs with prominent speakers from gov- have fallen not only as soldiers, but also as ernment, media and business. Sister Imelda’s faith that she has become patriots who made the ultimate sacrifice for Over the past 20 years NECO has distin- such a positive and powerful source in the their country. May we keep their loved ones in guished itself in many humanitarian programs lives of so many children. and initiatives. It has stayed true to its mission our thoughts and prayers as they struggle to My wife and I are both personally affected to promote the strength of diversity and to pro- endure this difficult period and mourn the he- by the retirement of Sister Imelda. Three of mote understanding and harmony. Its positive roes America has lost. our four children attend St. Catherine, and Sis- mission and message is challenged so often We will continue to hope for the safe and ter Imelda’s departure will be a very emotional by some harsh realities of modern society speedy return of all of our troops serving event for students and parents alike. Younger such as hate crimes and discrimination, yet throughout the world. students will miss her open arms and candy

VerDate jul 14 2003 04:01 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.056 E27PT1 April 27, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E671 jar (both always full). Older students will miss makers to also understand their role in helping These edited proceedings present the re- her quiet Irish brogue and countless forays inform our decisions. As the Ranking Member marks of panelists at the forum and the en- onto the stage during plays and talent shows. of the Committee on Veterans’ Affairs, I am suing discussion among participants. Obser- vations presented during the group’s delib- Parents will miss her most unassuming air that aware of numerous occasions upon which the erations include: always commands immediate respect from Committee employed data from such studies Long-term studies are essential for the un- both parents and students. And, most of all, to determine matters related to compensation derstanding of disease and, consequently, for we will all miss her absolutely unwavering faith for service-connected conditions and eligibility disease management. They give policy- in God and dedication to our children. for health care benefits. For example, Con- makers the data and findings needed to I come to the floor of the House of Rep- gress has used longitudinal studies to deter- make rational determinations about eligi- resentatives today to personally commend, mine conditions that should be compensated bility for compensation relating to occupa- tional exposures. honor and thank Sister Imelda on the occasion due to veterans’ exposure to dioxin and to As long-term studies are done in future, of her retirement from St. Catherine of Siena identify the effects of various exposures on the they should be accompanied by ‘‘clear’’ busi- School. Sister, may the road always rise to health of veterans from the first deployment to ness case analyses, ‘‘so that there really is a meet you and the wind always be at your the Gulf. In the near future, VA intends to pro- clear understanding of the rewards that back. pose a followup study that will examine the come from the . . . investment in conducting long-term effects of post-traumatic stress dis- these studies.’’ f As disease patterns among Americans shift order on veterans. This will provide important A TRIBUTE TO THE CAREER OF away from the acute toward chronic, mul- information to current and future generations PATRICIA ANN JOHNSON tiple conditions, long-term studies will as- of veterans. sume a greater role, because they allow ex- Determining the effects of war-time expo- amination of particular populations and pick HON. MIKE ROSS sures on veterans’ health is often a convoluted up a ‘‘different set of information’’ about OF ARKANSAS task. During service, troops may be exposed risk factors than short-term clinical trials IN THE HOUSE OF REPRESENTATIVES to a variety of agents all of which may have can. Decades-long studies such as the Fra- Tuesday, April 27, 2004 health effects that are poorly understood. In mingham Study that delineated risk factors Mr. ROSS. Mr. Speaker, I rise today to rec- combination, these agents may also have dif- in heart disease and the Harvard Nurses ognize the dedicated service of an individual ferent effects. Further complicating matters, Study of risk factors for major chronic dis- from my district who has devoted her profes- some exposures are known to cause health eases in women are well-known examples of the importance that long-term investiga- sional life to enhancing the educational devel- effects that do not appear until many years later. There are often too many unknown fac- tions can have in shaping health practices opment of students in our great State of Ar- and policies. kansas. tors to determine exactly which troops were Long-term studies conducted by federal Patrica Ann Johnson has given 36 years of exposed to which agents at any point in time. agencies need the stability afforded by des- service in education to primary and community While there have been some limited im- ignated funding, rather than having their college students. On April 30th, Ms. Johnson provements in documentation of troop loca- funds come through basic agency appropria- tions, troop exposures and servicemembers’ tions. will retire from teaching, but her legacy will The Veterans Affairs and Defense depart- continue in the schools and community where health before, during and immediately fol- lowing deployment, large information gaps are ments use long-term studies to help answer she taught. questions about potential deleterious health Ms. Johnson served Mena for 31 years, likely to exist well into the future. Longitudinal effects in troops from exposures during de- teaching the first, second, third, and fourth research can help fortify available information ployments—questions now anticipated for grades at Louise Durham Elementary School and ensure that Congress and the Administra- every deployment: Who was exposed; are where she was a continued source of inspira- tion give individuals the benefit of the doubt. those exposed showing unusual disease; are tion for hundreds of school children while I am pleased that the U.S. Medicine Institute those exposed dying at unusual rates or from saw fit to give this important topic its time and unusual causes, or has their health changed working for their educational and social ad- over time; do those exposed show higher inci- vancement. In addition to her elementary attention. I am offering the Institute’s executive summary from its March 4, 2004 forum enti- dence of cancer(s); do the children of those school teaching, Ms. Johnson taught physical exposed exhibit higher rates of birth defects? and health education at Rich Mountain Com- tled ‘‘Taking the Long View: The Value of A classic longitudinal study is the Air munity College to students enrolled in those Studies Over Time’’ for inclusion in the CON- Force Ranch Hand Study, initiated in 1982, programs. GRESSIONAL RECORD in the hopes that all which has seen the collection of 74,000 bio- Ms. Johnson is an outstanding example of Members will recognize the importance of sup- logical specimens and 19,000 x-rays and has involved more than 13,000 physical exams, the lifetime dedication to service of Arkansas porting these studies to better inform our pol- icy decisions. more than 20,000 questionnaires and thou- educators. I urge all citizens of Mena and the sands of records on conception and birth. In TAKING THE LONG VIEW: THE VALUE OF staff and students of Louise Durham Elemen- addition, more than 2,800 death records have STUDIES OVER TIME tary School and Rich Mountain Community been obtained. College to join me in honoring the career of a Long-term studies help answer specific This study is scheduled to terminate in questions about health risks and con- 2006, but that directive has met with con- truly gifted, caring, and committed woman on sequences over time and often deliver by- the celebration of her retirement. troversy on grounds there is much informa- products not originally envisioned but with tion yet to be mined. To resolve whether the f ongoing, exponential value. Consequently, study should be continued, Congress has long-term studies are essential for informed REGARDING THE VALUE OF LONG- asked the Institute of Medicine to examine policymaking and provide liberal return on the scientific merit of retaining and main- TERM RESEARCH STUDIES IN the substantial investment they entail. taining the medical records, specimens and UNDERSTANDING HEALTH RISKS These were the views interwoven through- other data collected for the study; the poten- AND CONSEQUENCES out a forum held on March 4, 2004, by the tial value of extending the study; and the ad- nonprofit U.S. Medicine Institute for Health visability and costs of making study speci- HON. LANE EVANS Studies. The consensus among panelists and mens available to independent researchers. participants was that long-term studies un- An important longitudinal study that is OF ILLINOIS doubtedly deliver great benefit to society at just beginning in the military is the Millen- IN THE HOUSE OF REPRESENTATIVES large, as well as to the specific group or nium Cohort Study, which involves an initial Tuesday, April 27, 2004 groups targeted in a particular protocol. For study group of 10,000, with 20,000 more to be example, the 22-year-old Ranch Hand study added this year and another 20,000 to be Mr. EVANS. Mr. Speaker, I rise today to of agent orange exposure in Vietnam offers a added in 2007. The study will examine em- recognize an important forum that took place trove of longitudinal data on the aging proc- ployment exposures and post-deployment in our Nation’s capital last month. This forum, ess in men—with much of this data yet to be consequences in a group exposed in Kosovo called by the U.S. Medicine Institute, con- tapped. or Southwest Asia, compared to a non- vened scientific leaders from throughout the Forum deliberations found long-term stud- exposed cohort. Federal Government to discuss the value of ies of such value in answering questions re- Study participants will be followed every lating to public health that they should be- longitudinal studies in determining populations’ three years by postal surveys; demographic come a byproduct of how ‘‘we normally do and health information will be obtained and risks for developing various health care condi- business’’ in healthcare—especially as dig- correlated over a 22-year period. tions or diseases. ital patient records make collection and The Veterans Affairs Department regularly Science has long recognized the value of analysis of data amenable to routine anal- turns to the Institute of Medicine for objec- such studies, but it is critical for us as policy- ysis. tive, independent literature reviews of the

VerDate jul 14 2003 04:01 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 0626 Sfmt 0634 E:\CR\FM\A27AP8.060 E27PT1 E672 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 2004 long-term effects of exposure on troops—for leaders. Her detractors, and those who hide Scotty Jones and Matt Sheftic (of Essex Junc- Vietnam, for the first Gulf war and for the their anti-Semitism behind anti-Zionism must tion, VT). And to those who helped them suc- current Iraq conflict, for example. Results not denigrate the success of Israel. I am proud ceed on the court and off: Tom Brennan, head are used to help set compensation policy. Ti-service longitudinal studies might best to be one of Israel’s strongest friends in Con- coach; Jesse Agel, associate head coach; Pat be centralized and coordinated through the gress and to stand here today and wish Israel Filien, assistant coach; Jeff Rush, assistant Uniformed Services University of the Health a hearty Mazel Tov on 56 years of Independ- coach; Chris Poulin, athletic trainer/strength Sciences, which encompasses all service ence. coach; Reza Mohamed and Amarildo Barbosa, branches as well as the U.S. Public Health f student managers; and Ryan Gore, student Service. athletic trainer. Doing longitudinal studies often is dif- A TRIBUTE TO THE PLAYERS AND f ficult in the academic setting, where there is COACH OF THE UNIVERSITY OF pressure for immediate pay-off. At the same VERMONT MEN’S BASKETBALL CELEBRATING THE ANNIVERSARY time, studies produced by federal researchers TEAM OF ISRAEL’S INDEPENDENCE all too often are rejected by regular sci- entific journals as being of limited interest because they focus on military or veteran HON. BERNARD SANDERS HON. CHRIS VAN HOLLEN populations. OF VERMONT OF MARYLAND f IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Tuesday, April 27, 2004 ISRAEL INDEPENDENCE DAY Tuesday, April 27, 2004 Mr. SANDERS. Mr. Speaker, I want to take Mr. VAN HOLLEN. Mr. Speaker, I rise today HON. JOSEPH CROWLEY this opportunity to congratulate the players of to commemorate Yom Ha’Atzmaut, the anni- versary of the Independence of the State of OF NEW YORK the University of Vermont Men’s Basketball Israel. IN THE HOUSE OF REPRESENTATIVES Team, and their coach, Tom Brennan, on an extraordinary basketball season. It took a horrific, unimaginable Holocaust for Tuesday, April 27, 2004 It is certainly worthy of both recognition and the world to finally acknowledge the need to Mr. CROWLEY. Mr. Speaker, I rise today to celebration when a team finishes a tough establish a homeland for the Jewish people, to congratulate the people of the State of Israel schedule with over 20 wins—UVM went 22–9 shield it from the persecution and discrimina- and the greater Jewish community on the 56th on the year—and wins its conference cham- tion that it had endured for generations. That anniversary of their Independence. The cre- pionship. UVM lost its first game in the NCAA recognition came in 1948, and the State of ation of the Jewish State in 1948 was met with tournament to Connecticut, but there is no dis- Israel was born. the immediate support and recognition from grace in losing to the only team which never Today it is as important as ever to preserve the United States, and our country has contin- lost a game in the entire tournament, for and safeguard this Jewish national homeland ued to consider Israel our closest friend and UConn was the eventual champion of the col- and to ensure the security of Israel and its strongest ally. As Israel continues to fight legiate Division I basketball. people. Never again should a people face an- against terrorist groups, it is more important And it is certainly worth acknowledging the nihilation. That is why a safe and secure Israel than ever the United States continues to show excitement that the team evoked all over the is in everyone’s interest. our solidarity and provide whatever aid and state of Vermont; our state is very proud of We must continue to strive for a settlement support both economic and moral, to our the wonderful record of this year’s glorious of conflict in the Middle East that guarantees friend Israel. team, and of both the men’s and women’s the right of all people in the region to live in Israel, as the only truly democratic nation in basketball teams at the University of Vermont peace. That is my wish on this day as we cel- the Middle East should be lauded for 56 years in recent years. And the state is very proud as ebrate the independent State of Israel. of democracy. Israel continues to show the well that Vermont’s own Taylor Coppenrath f world that this small state which has been sur- was selected to the AP All-America Team, as IN RECOGNITION OF PROFESSOR rounded by aggressive states for most of its an honorable mention. CHE´ RE GIBSON existence is here to stay. I believe the survival But what the people of Vermont are most of the Jewish state is paramount and the proud of, and I include myself in their number, HON. MARK GREEN United States must continue to encourage is that this basketball team not only played OF WISCONSIN Israel’s sustained efforts to defend the free- well on the basketball court, they worked hard IN THE HOUSE OF REPRESENTATIVES doms and rights it has secured its citizens. and learned well in the classrooms and lab- That is why I commend President Bush, for oratories that are the heart of our state univer- Tuesday, April 27, 2004 his strong leadership in standing with Prime sity. College is, after all, primarily about aca- Mr. GREEN of Wisconsin. Mr. Speaker, I Minister Sharon in support of Israel’s with- demics and not athletics. rise today before this house to honor the ac- drawal from Gaza, and in support of limited At a time when the nation, and the NCAA complishments of Professor Che´re Campbell Israeli settlements in the West Bank. Prime as well, is deeply concerned that many ath- Gibson who will be retiring after 27 years of Minister Sharon’s bold and courageous posi- letes competing in major sports at Division I service to the University of Wisconsin System tion is following in the footsteps of Prime Min- schools are not graduating from college, when and the University of Wisconsin-Madison ister Barak’s withdrawal of Israeli troops from there is widespread concern that often the School of Human Ecology on June 30, 2004. Lebanon. Unfortunately though, just as in Leb- educational mission of universities is put aside Professor Gibson received her B.S. from anon, I do not believe Hamas, the Palestinian in the interest of athletic success, the men’s Macdonald College of McGill University in Nu- Authority or other terrorist organizations will basketball team in Vermont reminded us all trition, and her M.S. and Ph.D. in Continuing show the strong leadership and quest for that education and athletics can go together. and Vocational Education from the University peace that the Israeli government has shown, Of the 64 teams in the NCAA Division I of Wisconsin-Madison. by stopping their terrorist attacks against the Men’s Basketball tournament, only the Univer- Professor Gibson has had a long, multi-fac- Jewish state. sity of Vermont had 8 of its players with a eted, and distinguished career of teaching, re- Since its Independence, Israel has endured grade point average of 3.0 or better. The Cat- search, and outreach in the discipline of adult the unstable and troubling conditions in the amounts had the best GPA of any team in the education with a particular emphasis on dis- Middle East that have sparked several wars 65–team NCAA tournament. tance learning. She is especially well-known and incited much violence. Yet the Israeli peo- The team’s dual achievement—succeeding among distance educators around the world. ple remain united and strong and continue to at the highest level in both athletics and aca- Professor Gibson also has the distinction of stand up for their nation. That is why I stand demics—makes Vermont proud, and serves, I being the first faculty member on the UW- here today, and re-affirm the right of the Israeli believe, as an example to the nation. Madison campus to teach a course completely people to always protect themselves and their Our congratulations go to the members of on-line. This distinction gave her many oppor- state from the forces of terrorism, no matter the 2003–2004 University of Vermont Men’s tunities to participate in faculty development where it may exist. Basketball Team: T.J. Sorrentine, Jack workshops around campus and the country as Israel is a modern success story, the only Phelan, Kyle Cieplicki (of Shelburne, VT), Mar- well as involvement in the selection of learner Democracy in the Middle East, the only Middle tin Klimes, Mike Goia, Taylor Coppenrath (of and course management systems. Eastern country where Arabs have the right to West Barnet, VT), David Hehn, Germain Njila, Throughout her career, she has had an en- vote for their elected officials and their political Alex Jensen, Corey Sullivan, Matt Hanson, during concern about the equality of access to

VerDate jul 14 2003 04:01 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.064 E27PT1 April 27, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E673 education and has recognized the importance on available Federal loan programs from the asked radio listeners to help replace the of ensuring not only access but also success five major Federal credit agencies: the U.S. money so the students could have their prom in educational pursuits. In recognition of these Departments of Education, Agriculture, Hous- after all. Within hours, the station helped raise contributions to the field of teaching and learn- ing and Urban Development, Veterans Affairs, nearly $17,000. Incredibly, the money has ing at a distance, the United State Distance and the Small Business Administration. continued coming in and the station places the Learning Association inducted her into their GovLoans.gov consolidates loan programs latest total around $22,000. A memorial schol- Hall of Fame in 2003. across government into a single portal and arship in Clayton’s name is planned. Che´re Campbell Gibson’s love of teaching simplifies the language describing each pro- This money poured in from residents all and working with students is a consistent gram, enabling citizens and small business across eastern New Mexico, primarily from thread throughout her professional career. She owners to easily find applicable Federal loans residents in Curry and Roosevelt counties. It is has and will continue to have a lasting impact that meet their needs and to better understand clear to me that the spirit of ‘‘paying it for- on the lives of her students and advisees. It the loan process. ward’’ is alive and well in this area of New cannot go without saying that she has also GovBenefits.gov represents a partnership of Mexico. wonderfully touched the lives of her col- 10 Federal agencies, including the U.S De- The first donation came from Mike Knight, leagues and friends. partment of Labor (managing partner), and the owner of Rib Crib in Clovis, who volunteered The Executive Committee of the School of U.S. Departments of Agriculture, Education, to cater the Dora prom. McDonalds of Portales Human Ecology, at its meeting on March 22, Energy, Health and Human Services, Home- pledged $1,000 for the scholarship fund. The 2004, by unanimous vote, endorsed the rec- land Security, Housing and Urban Develop- Bank of America in Clovis and Tankersley’s ommendation of the Department of Inter- ment, State, Veteran Affairs, and the Social arranged for all the boys to have rental tux- disciplinary Studies to award Emerita status to Security Administration. edos. Professor Che´re Campbell Gibson. Mr. Speaker, as Chairman of the Govern- The May 3, 2004, issue of People magazine Mr. Speaker, it is an honor and my great ment Reform Subcommittee on Technology, has an article about this wonderful deed. The pleasure to recognize today the outstanding Information Policy, Intergovernmental Rela- magazine has a section entitled ‘‘Local He- and exemplary service of Professor Che´re tions and the Census, I commend the U.S. roes’’ for people in the country that are making Campbell Gibson. On behalf of my constitu- Department of Labor for its work in developing a difference. This act is certainly worthy of this ents and citizens from the great State of Wis- GovBenefits.gov as a leading government-to- recognition. On a personal note, I am pleased consin, we say a hearty thank you, and wish citizen initiative that is offering tremendous that millions of Americans will learn of the her all the very best in her future endeavors. value to the American public and recognize honorable and heroic deeds of my eastern f GovBenefits.gov and GovLoans.gov as citizen- New Mexico constituents through this article in centric initiatives that are demonstrating the in- one of the largest publications in the Nation. 2ND ANNIVERSARY OF tent of the President’s Management Agenda. Mr. Speaker, thank you for affording me the GOVBENEFITS.GOV f opportunity to brief my colleagues regarding this inspiring story. In a time of bleak news in HON. ADAM H. PUTNAM EASTERN NEW MEXICO’S COMPAS- our world, it is indeed refreshing to be re- OF FLORIDA SION EARNS NATIONAL ATTEN- minded of the kindheartedness of our friends TION IN THE HOUSE OF REPRESENTATIVES and neighbors. I am attaching the article and Tuesday, April 27, 2004 request that it be reprinted in its entirety in the HON. TOM UDALL CONGRESSIONAL RECORD so that we may be Mr. PUTNAM. Mr. Speaker, on April 29, OF NEW MEXICO reminded of this account throughout the ages. 2004, the U.S. Department of Labor will cele- IN THE HOUSE OF REPRESENTATIVES [From People, May 3, 2004] brate the second anniversary of THE PROM MUST GOON GovBenefits.gov. Additionally, in collaboration Tuesday, April 27, 2004 For three years, the 11th graders of Dora with the Department of Education, the U.S. Mr. UDALL of New Mexico. Mr. Speaker, I High in remote Dora, N. Mex., had scraped Department of Labor will launch the rise today to tell my colleagues about an their pennies together from bake sales and GovLoans.gov website as an integrated part of amazing act of selflessness that has recently fund-raisers for their prom. Then, suddenly, GovBenefits.gov. GovLoans.gov will be a one- earned national press coverage for a small a prom didn’t seem so important. Around stop shop for Federal loan programs. town in my congressional district. midnight on Feb. 15, classmate Clayton I want to recognize the successful inter- In February, the Portales News Tribune re- Stokes was driving home after hanging out agency collaboration between the U.S. Depart- ported that students in Dora, New Mexico had with friends when he dozed at the wheel. His ment of Labor and the U.S. Department of donated $3,000 they raised for their prom to truck flipped over, and Stokes, 16, an athlete and jokester, died instantly. Education to improve the American public’s the family of sixteen-year-old Clayton Stokes, Tragic as it was, Stokes’s death set off an access to their government through the launch who was killed in a pickup truck crash. Moti- avalanche of goodwill that has left residents of GovLoans.gov. I would also like to con- vated by this, other students in the school of Dora (pop. 500) feeling pretty good about gratulate and recognize the U.S. Department helped raise another $4,000 for the family. their town. The day after his death, Clay- of Labor for consistently demonstrating Dora High School Principal Bill Stockton ton’s classmates piled into vans and drove to GovBenefits.gov as a leading government-to- said that the 11th grade students who attend the Stokeses’ home. There, they handed a citizen initiative that is offering tremendous the school decided to donate their prom $3,000 check—their entire prom fund—to his money after a memorial assembly for their late devastated parents, Jim, 48, and Cathi, 45, so value to the American public they could bury their youngest boy. ‘‘We GovBenefits.gov is a prime example of what classmate. These students had diligently been never thought twice about it,’’ says e-Government should look and act like. In saving for their prom for 3 years. Kassandra Clark, 16. The rest of the school working together with nearly a dozen other Clayton, a resident of Causey, was a bright chipped in, raising another $4,000. ‘‘They agencies, the Department of Labor has young man with a promising future before him. floored us,’’ says Jim, a construction worker. launched this one stop shop for individuals in- He was born on March 21, 1987, in Carlsbad, ‘‘For them to love my boy so much to give terested in learning what government benefits to Jim and Cathy Stokes. He was active in up their prom,’’ adds Cathi. ‘‘It didn’t take for which they may be eligible. both varsity basketball and baseball at Dora the pain away, but it eased it.’’ GovLoans.gov will provide a broad range of High School. He enjoyed riding horses and That was only the beginning. Local radio host Steve Rooney and his cohost got wind of information on Federal loan programs, as well snowboarding and was a member of the Dora the gesture, and on the day Clayton was laid as educational tools and resources to help citi- FFA. Family members said he enjoyed work- to rest, they asked listeners for donations so zens and small business owners understand ing in construction with his father and two the kids could have their prom. ‘‘We couldn’t the loan process. This site will also help con- brothers and spending time with family and answer the phones fast enough,’’ he says. The sumers find the loan that best fits their indi- friends. juniors, who had held a sleepover at class- vidual needs, and will serve as a trusted and As Principal Stockton noted, losing a stu- mate Ashlet Carter’s house, tuned in while comprehensive point of access to Federal loan dent in a small school is like losing a family dressing for the memorial. ‘‘We had to redo information. member. The students’ gesture alone de- our makeup,’’ says Carter. ‘‘We all kept cry- ing.’’ GovLoans.gov is a Presidential initiative serves our deep praise and admiration, how- The money kept coming—$22,000 so far, managed by the U.S. Department of Edu- ever, there is more to this story. some of it to create a scholarship fund in cation that will provide citizens and small busi- Rooney Moon Broadcasting was so touched Clayton’s name. And on April 24, Dora High ness owners with comprehensive information by the students’ generosity that the station will have a prom. What would Clayton think

VerDate jul 14 2003 04:01 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 0626 Sfmt 0634 E:\CR\FM\A27AP8.068 E27PT1 E674 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 2004 of it all? ‘‘He’d go, ‘Dang, golly,’’’ says Trav- lead the Navy in whatever new job he is as- including serving as an Expert Witness to suc- is Belcher, his best friend. ‘‘He wouldn’t be- signed. I wish him luck in his new assignment cessfully protect the groundwater supply in her lieve it, but he’d be pretty proud.’’ and well-deserved promotion, and best wishes community. Lori has designed and managed f to his family, Kathryn and Alexander. I hope projects to clean contaminated groundwater POSTHUMOUS TRIBUTE TO when it is time for retirement, he will think and contaminated sites. She is also a key EUGENE MARTINYAK about returning to Jacksonville. member of the organizing committee for the f Cystic Fibrosis Foundation: Sandia Peak Chal- lenge. HON. THADDEUS G. McCOTTER WOMEN INSPIRING HOPE AND Katherine Fishback—In 1945, Katherine OF MICHIGAN POSSIBILITY opened the Fishback Studio of dance. IN THE HOUSE OF REPRESENTATIVES Fishback served on several national dance or- Tuesday, April 27, 2004 HON. HEATHER WILSON ganization faculties. She received a 50-year OF NEW MEXICO Life Achievement Award for her teaching ca- Mr. MCCOTTER. Mr. Speaker, recently I lost IN THE HOUSE OF REPRESENTATIVES reer from Dance Masters of America, Inc. an inspirational family member, and with sad- Jessie Fitzgerald—Jessie was the first ness, I pay my uncle, Eugene Martinyak, a Tuesday, April 27, 2004 woman County Extension Agent in the United posthumous tribute today. Mrs. WILSON of New Mexico. Mr. Speaker, States. She served on the Lava Soil and Eugene truly lived the American Dream. in honor of Women’s History Month, I asked Water Conservation District Board in Grants Born to Polish and Ukrainian immigrants in New Mexicans to send me nominations of for many years before moving to the Albu- 1936, he served our Nation in the United women in New Mexico who have given special querque area and joining the Ciudad Soil and States Army from 1954–1957. Starting from service to our community, but may have never Water Conservation District. virtually nothing, Eugene supported his family received recognition for their good deeds. Linda Gabaldon Ward Hersee—Linda is of four children while working full time attend- On Friday, March 19, 2004, I had the honor very active with Thunderbirds Little League. ing college. and privilege of recognizing forty-one worthy She serves as the Team Mom, Sponsor Direc- As a professional, Eugene helped develop nominations describing sacrifices and contribu- tor. Linda is very active in the community and computer systems for the Chrysler Automotive tions these women have made for our commu- is always there to help. Corporation. In doing so, Eugene fulfilled a nity. The people who nominated the women Aileen Gallegos—Aileen is a current Board promise to his children: gave them more than describe the dedication they have witnessed: Member at Ronald McDonald’s House; grad- he ever had. volunteer hours for veterans services, service uate of Leadership Albuquerque; and active Thus, on behalf of us all, I extend my deep- on non-profit boards, homeless programs, choir member at Prince of Peace Catholic est condolences to his wife Carol and his en- mentors for young women, healthcare pro- Church. tire family for their loss. viders going above the call of duty, child advo- Verna Gurule—Verna is a fourth grade teacher at Alvarado Elementary School in the f cates, volunteers at churches and syna- gogues, successful business women, wives, North Valley. Volunteers who work with her CHANGE OF COMMAND FOR THE mothers and friends. have witnessed her devotion to her class and USS ‘‘JOHN F. KENNEDY’’ (CV–67) Allow me to share information about this her tireless efforts to give her students every year’s nominees: opportunity to participate in an enriched cur- Charlotte Anderson—Charlotte is a person riculum. HON. ANDER CRENSHAW Bonnie Herbert—A member of Assistance who goes out of her way every single day to OF FLORIDA League of Albuquerque for 19 years, she be- help others. She works through her church, IN THE HOUSE OF REPRESENTATIVES came President of the organization in 1998, community, and through her job at Jiffy Lube Tuesday, April 27, 2004 and now is their National Director of Philan- to make other peoples lives easier, and Mr. CRENSHAW. Mr. Speaker, I rise today thropic Projects. happier. Kitsie Hilaire—Kitsie has volunteered with to honor Captain Ronald H. Henderson, Jr, Sandra Begay-Campbell—Sandra’s work the American Red Cross for over twenty Commander of the USS John F. Kennedy with Native American tribes truly inspires hope years. Since her arrival to Albuquerque in (CV–67). As he prepares to move on to a new for improving conditions and providing new 1999, Kitsie has been instrumental in improv- challenge, I would like to thank him for all that possibilities through technology for Native ing their community’s emergency response he has done as the Commander of Mayport’s Americans and others in rural areas. As a and preparedness skills. Kitsie is also a volun- aircraft carrier, the USS John F. Kennedy. His member of the Navajo Nation, she serves as teer with the ‘‘Hearts Apart Program’’ on passion for the Navy and its sailors has been a cultural interpreter to both Sandia and the Kirtland Air Force Base. evident through his leadership during the un- Navajo Nation. Michelle Holdren—Her community involve- precedented and extensive maintenance over- Jo Ann Clements—Jo Ann served as Presi- ment has her working with Youth At Risk, a haul that was accomplished here at Mayport. dent of the City Council for Beta Sigma Phi in mentoring program in the Rio Rancho Area, It was his management, skill, and persona that Albuquerque and Rio Rancho. Her tireless ef- and Northside Civitans has her work with the brought to a successful completion the largest forts earned her Beta Sigma Phi’s top honor youth at Youth/Diagnostic and Development overall ever attempted outside of a Naval as ‘‘Woman of the Year.’’ She also served on Center, the Camino Nuevo Youth Center, and Shipyard. He epitomizes the dedicated military this year’s ‘‘Women on the Move’’ committee El Ranchitos Del Los Ninos. Michelle devotes patriot. for the YWCA, where she encouraged nomi- a great deal of time to the Multiple Sclerosis As the Navy moves into the 21st Century, it nations, sold sponsorships and ads, and did Society, American Cancer Society, Alz- will take innovative and effective leadership to whatever she could to make the event suc- heimer’s Association, and Project Share. make this service truly transformational. Lead- cessful. Regina Lee Hunter—Regina has done much ers who possess these characteristics are Sandy Cody—Sandy is owner of Resources to make Sandia National Laboratories a better what makes our Navy the greatest in the for Excellence, a small, woman-owned busi- place to work for Sandians with handicaps. As world. Under his command, both in war and in ness. Sandy generously donates her time and a founding member of Sandia’s Disability peace, he inspired his crew to rise to all chal- skills to non-profit agencies like Alzheimer’s Awareness Committee, she has worked to lenges. Thanks to his guidance, ‘‘Jack is Association, Southeast Community Economic have specific handicapped parking marked back.’’ Alliance, and Goodwill Industries, to make life and to have enforcement for the usage of Here in the community he should be com- better for people in need and in risk. these locations. mended for reaching out to our citizens and Rose Diaz—Rose is the 2004 President of Nobie Hurley—Nobie moved to Albuquerque inviting them to go aboard the Kennedy and the Oral History Association. She also served in 1960. She was the Director of Volunteer share a glimpse of life at sea. Civilians, in on the NAFTA Committee for Enterprise for Services for St. Joseph’s Hospital from 1976 record numbers, were afforded opportunities the Americas Act and the Good Neighbor En- to 1997. Since retirement Nobie has been vol- to experience firsthand the pride that the crew vironmental Board. She is a former Executive unteering her time at the Bernalillo County Re- and the Navy has in our beloved carrier. Jack- Committee member of the Board of Directors publican Party as well as the State Republican sonville has been enriched by his service. of the National Council on Public History. Party. Nobie was recently asked by Arch- It has been my honor and pleasure to work Lori Dotson—Lori has dedicated her career bishop Sheehan to be on his advisory council with him these past two years. Jacksonville to improving the quality of life within her com- for the National newspaper publication of ‘‘The will miss you, but I know he will continue to munity through protection of the environment, people of God.’’

VerDate jul 14 2003 04:01 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.071 E27PT1 April 27, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E675 Cristina Jaramillo—Cristina has served as provides youth education activities and senior running the United Way campaign at Sandia President for the Valencia Shelter for Victims mentorship. She is also developing programs for the past 12 years. Juanita also serves on of Domestic Violence, Chairman of the Univer- to enhance Education, Arts and Music and the United Way’s Campaign Cabinet and sity of New Mexico Valencia Campus Devel- Recreation activities for their youth and sen- serves on the Board of Directors for the Pea- opment Board, and as a member of the Belen iors jointly. nut Butter and Jelly Preschool. Chamber of Commerce Board, and Belen Rebecca Maloy—Rebecca is a minority Carol Schulze—Carol began volunteering Noon Optimists. Cristina currently serves as a business owner of a local construction com- with the American Red Cross Mid-Rio Grande member of the United Way of Central New pany, Maloy Construction. She has been rec- Chapter in August 2000 and has been a valu- Mexico Women in Leadership Council, New ognized with an Outstanding Women’s Award able resource to them ever since. After com- Mexico Financial Corporation and Ranchers from NM Woman Magazine, which also fea- pleting basic disaster training, Carol began Banks Board of Directors, United Way’s Va- tured her on their cover. Rebecca wrote an ar- volunteering at the chapter office full-time as a lencia County Community Board, UNM–VC ticle ‘‘Business to Crow About,’’ also featured caseworker, assisting disaster clients with their Development Board, Albuquerque Chamber of in the magazine. needs. Commerce Albuquerque Reads Committee, Joyce Miller—Joyce spends many hours Georgia Seery—Georgia taught physical and as a representative member of the Albu- helping out at St. Mark’s Church. Often she education and spent her entire professional querque Hispano Chamber and the Boys and cooks meals for the needy or seniors. She career in Socorro. Georgia and her husband Girls Club of Valencia County. leads a women’s bible group and prepares the started many community youth programs intro- Michelle Judkins—Michelle worked fulltime altar for services. When St. Mark’s Church ducing golf. She was a leader and a teacher for 15 years to raise money for the care of el- flooded, she cleaned out the water and debris. by example. She held high standards and ex- derly people that could not afford quality nurs- Sheila Nawman—Shortly after 9/11, Sheila pectations. She was organized and objective. ing home care, all while raising a child alone. was working at her computer when a banner She challenged her students to do their best She then supervised and trained Hospice vol- showing a star with five vertical stripes caught in academics and sports. She has made a dif- unteers, and started an upscale Hospice thrift her eye. Sheila decided to make a 14 inch by ference in hundred of young lives. store to raise money. 42 inch banner to display support of those af- Bonnie Snowdon—Bonnie is the mother of a Lillian Kennesson—Lillian was diagnosed fected by the tragic event. So far, over 1100 mentally ill son who is now in his 30’s. She with breast cancer just before her 26th birth- banners have been presented. works tirelessly for better treatment of the day. She was one of the youngest to be treat- Audrey Rose Ornelas—Audrey has accom- mentally ill, gives much time and effort to sup- ed at UNM Cancer Research and was fortu- plished her dream of obtaining a Bachelor of porting the mentally ill, gives them hope, and nate to have an amazing doctor. Her family Arts degree in Psychology. To get to this point suggests ways for them to better themselves celebrated because she had been placed in she had to go beyond her disabilities, not only despite their limitations. remission, until a year later when she was di- physical but learning disabilities as well. She Rosemary St. John—Rosemary has been a agnosed with cancer again. This time it was underwent several brain surgeries due to brain volunteer with the American Red Cross Mid- caught in the early stage at age 29. She made injuries, and she is also dyslexic and has Rio Grande Chapter since January 1999. She a vow to live each day to the fullest, eat other learning disabilities. She plans to con- has been instrumental in helping the chapter healthy and exercise each day. tinue on to Highlands University for a master’s improve service delivery to the Albuquerque Susan Kitsch—Susan is the Principle Mem- degree in counseling with an emphasis on community, serving on a Disaster Action Team ber of Laboratory Staff at Sandia National children and adolescents who are handi- and assisting people displaced by small local Labs, where she administers programs for capped. disasters, such as single house fires, with their military and industrial partners primarily in Beth Pattillo—As a full-time working mother immediate disaster-caused needs. Synthetic Aperture Radar. Susan was a found- in Los Alamos County, Beth runs errands and Anna Vargas—Anna currently attends Albu- ing member of the NM Compensation and shovels driveways for elderly neighbors, querque Job Corps. Anna was born in Mexico, Benefits Association. makes meals for the sick, babysits to give but left that country to get away from an abu- Lilly Kutzscher—Two and a half years ago, stressed moms a break, leads a Girl Scout sive father. In 2000, she went to the shelter Lilly’s niece had her fourth child. Her niece Troop, and teaches in her church. for victims of domestic violence and in Novem- lost her husband and now is living with her Tara Ransom—Tara is a junior at La Cueva ber of that year, she gave birth to her son. mother. Lilly took it upon herself to care for High School. She volunteers at Casa She is now an intern in Congresswoman WIL- this child at their home five days a week while Esperanza, Joy Junction, Roadrunner Food SON’s District Office. Judy Zanotti—Judy had a successful career her niece and mother work to support the fam- Bank, Balloon Fiesta, and the Doggie Dash at PNM and then she retired. She is President ily. and Dawdle. Tara developed hydrocephalus Darlene Leonard—Darlene is the manager as a small baby and has had six surgeries on of New Mexico First, Judy volunteers for doz- of Volunteer Programs in Sandia’s Community her brain. The only medical option to keep ens of other organizations. This past year, she Involvement Department. She coordinates Tara alive is a shunt, a drain made of silicone. served as Mistress of Ceremonies for the Make-A-Difference Day for Sandia, and under Silicone has been branded as dangerous and luncheon for President Fox from Mexico, co- her leadership, the Sandia program was rec- it has been a constant fight for most of Tara’s chair for the 20th Annual Celebration of ognized by Parade Magazine as one of the life to keep the material available. ‘‘Women on the Move,’’ chair of the selections outstanding programs of its kind. The Thun- Karen Renschler—Karen is the mother of process for the ‘‘Ethics in Business’’ Award, derbird Awards is a program that Darlene is autistic twin sons, who are now 19 years old. and a member of the committee to select a particularly proud of. Karen is now a teacher, developing a fine arts new Dean of the Anderson Schools of Man- Linda Lee Louie—Linda knew no English program for 40 severely handicapped children agement at UNM. when she and her husband married in 1963. with exceptionalities ranging from blindness to f Encouraged by her husband, she attended cerebral palsy to autism. IRI CONTINUES TO PROMOTE evening classes at the Old Albuquerque High Karen Robinson—Karen is a dedicated, full FREEDOM AROUND THE WORLD School and studied with a tutor to achieve time volunteer, encouraging students in the English literacy. Linda donates her bilingual area of science and math. She teaches HON. JOE WILSON hands-on science at Collet Park Elementary skills and knowledge of Chinese culture to OF SOUTH CAROLINA benefit Albuquerque and the Asian American School. At Grant Middle School, she plays a IN THE HOUSE OF REPRESENTATIVES community. very important role with their 8th grade Linda Lovato-Montoya—Linda is doing ex- Science Class. She also helps organize their Tuesday, April 27, 2004 traordinary things in the fight against breast science fair and prepares 18 students to go on Mr. WILSON of South Carolina. Mr. Speak- cancer and was recently recognized by to the Southwest Regional Science Fair. er, I have previously expressed my support for Yoplait, SELF Magazine and the Susan G. Audrey Roybal—This nomination was made the International Republican Institute’s (IRI) Komen Breast Cancer Foundation as one of on behalf of Annette’s seven-year-old son who outstanding work in Iraq, Eastern Europe, and 25 Yoplait Champions. Linda provides support, thinks the world of his first-grade teacher, Mrs. Africa and want to reiterate my support as IRI advocacy, education, and awareness about Roybal. She makes learning fun, she is very celebrates its 20th anniversary. Tonight, IRI breast cancer to NM Hispanics. compassionate, caring, professional, and in- led by president George Folsom will celebrate Emma Lutton—Emma has turned her atten- formative. this auspicious occasion during its 2004 Free- tion to the youth in her area by forming a Juanita Sanchez—Juanita is a member of dom Dinner at which IRI will present the Free- Youth Development Program committee which the Laboratory Staff at Sandia National Labs dom Award for advancing democracy to Dr.

VerDate jul 14 2003 04:01 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.076 E27PT1 E676 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 2004 Condeleeza Rice, the National Security Advi- HONORING HERNANDO COUNTY am proud to bring the accomplishments of sor, and honor the late Sergio de Mello, the LAW ENFORCEMENT Freeman’s Fur Shop and its employees to the United Nations High Commissioner for Human attention of this House. Rights who was killed in Iraq. HON. GINNY BROWN-WAITE f I also want to focus on the unique opportu- OF FLORIDA RECOGNIZING JUSTIN SNYDER nities which IRI provides for Americans to IN THE HOUSE OF REPRESENTATIVES share the skills they have honed on campaign Tuesday, April 27, 2004 trails and in the halls of Congress with their HON. CORRINE BROWN counterparts in developing democracies. Vol- Ms. GINNY BROWN-WAITE of Florida. Mr. OF FLORIDA unteers from across the U.S. augment IRI’s Speaker, I rise today to honor the Hernando IN THE HOUSE OF REPRESENTATIVES operations in over 56 countries by conducting County Sheriff’s Office and the Brooksville City Tuesday, April 27, 2004 specialized training missions on crafting cam- Police Department for their commitment to Ms. CORRINE BROWN of Florida. Mr. paign finance laws, strengthening political par- maintaining law and order while safeguarding Speaker, Justin Snyder attained his bar mitz- ticipation among women and youth, and imple- county residents. Hernando County has grown vah on May 1, 2004. Justin is a seventh grade menting political polling. Additionally, IRI fre- tremendously. It is regarded as one of the honor student at Pace Academy in Atlanta, quently sends volunteers to serve on election fastest growing counties in the nation with a Georgia. He is sincerely committed to aca- observation missions. Recently, my own Chief population that has increased 330 percent demics, as evidenced by his effort to obtain all of Staff, Eric Dell returned from an election ob- since 1980. This growth has presented new ‘‘A’s’’ in each of the last quarter’s grading peri- servation mission in Macedonia where he challenges to our local law enforcement agen- ods over the past twelve (12) quarters. Such worked with IRI professionals from across the cies. Thanks to the leadership and commit- an achievement has earned him the distinction globe. ment of Sheriff Nugent and Police Chief of being placed on the Headmaster’s List for Boyce, Hernando County continues to be pro- Mr. Speaker, IRI’s use of volunteers builds the past four (4) years. Justin has also partici- vided effective and professional law enforce- goodwill for the U.S. as Americans assist men pated on the Academy’s debate team, where ment. and women overseas to strengthen political he won many awards for his scholastic I would like to recognize the bravery and parties and democratic institutions. For exam- achievements. Finally, he is a member of selflessness of the fine individuals who wear ple, interactions between a city administrator ‘‘People to People Student Ambassadors’’, a the badge as this week marks Hernando from rural South Carolina and a mayor in Ma- travel program, which has enabled him to trav- County Law Enforcement Appreciation Week. lawi can go far in breaking misconceptions el with other young people to Washington DC, These fine individuals who serve in law en- about the U.S. and about the prognosis for de- California, Australia, and this summer to Eu- forcement are an exceptional breed. They mocracy in Africa. IRI volunteers demonstrate rope. serve in the line of fire to protect us from to newly elected parliamentarians in Eastern Justin also finds time for recreational and harm’s way and ask for little in return. The Europe that building democratic institutions is sporting activities. He is an avid basketball, brave men and women of Hernando County not only a goal of U.S. government officials baseball, and tennis player—having won tro- law enforcement have more than earned our but that it is the desire of the American peo- phies in each sport. From his enjoyment of gratitude and whole hearted support. I am so ple. I hope that my colleagues and their staff- skiing, he has secured many awards in the very proud of our local sheriffs and police and ers consider participating in IRI training mis- form of pins and medallions, and has skied on happily thank them for their service and dedi- sions as one of the best opportunities to play various slopes not only throughout the United cation to the county’s safety. The residents of a critical role in implementing U.S. foreign pol- States, but also the world. Justin has scuba Hernando County and I are indebted to them. icy. dived in the Cayman Islands, the Great Barrier f Reef in Australia, and has caught a seventy- f RECOGNIZING FREEMAN’S FUR two (72) inch sailfish off the coast of Cancun. SHOP Even at a relatively young age, Justin Sny- HONORING SISTER ROSEMARY der has left his mark on the youth community WARD FOR HER ENDLESS SERV- in his hometown of Atlanta, Georgia; evidenc- ICE AND DEDICATION TO THE HON. ED WHITFIELD ing a strong sense of fundamental fairness in COMMUNITY OF KENTUCKY his dealings with others, and strong moral IN THE HOUSE OF REPRESENTATIVES principles, gleaned from his friends, his reli- HON. VITO FOSSELLA Tuesday, April 27, 2004 gious upbringing, and his family. I know that Mr. WHITFIELD. Mr. Speaker, I rise in rec- we will continue to see more great accom- OF NEW YORK ognition of Freeman’s Fur Shop, an out- plishments for this fine young man, as he IN THE HOUSE OF REPRESENTATIVES standing small business with a unique history grows and blossoms into manhood. I am proud to recognize, and to honor Mr. Justin Tuesday, April 27, 2004 in my hometown of Hopkinsville, Kentucky. Freeman’s Furs is owned and operated by Snyder on this important step in his life, and Mr. FOSSELLA. Mr. Speaker, I rise today to Mr. Paul Shafranck. The business has oper- wish him much continued success for the fu- recognize and pay tribute to a remarkable cit- ated for 68 years. Freeman’s was founded by ture. izen from my district, Sister Rosemary Ward. the late Howard Freeman when he fashioned f Sister Rosemary was recently presented with a fox fur neckpiece for his wife. The business ISRAEL’S INDEPENDENCE DAY the Patrick Daly Memorial Award for her dedi- expanded to an internationally known land- cation to the care and education of children on mark. For many years, Howard Freeman HON. ADAM B. SCHIFF Staten Island. For almost 55 years, she has trapped many of the animals and then de- OF CALIFORNIA been an exceptionally devoted teacher and signed and made the coats. Upon his death in IN THE HOUSE OF REPRESENTATIVES principal in schools within my district. As do 1994, his son, Lindsay, took over the business the truly great educators, she possesses a along with his daughter, Ann Freeman Peace. Tuesday, April 27, 2004 deep understanding and compassion for chil- In 1997, Freeman sold the business to Mr. SCHIFF. Mr. Speaker, I rise today to dren. In combining this gift with her own val- Shafranck. commemorate the 56th anniversary of Israel’s ues and ideals, she has created a holistic phi- Freeman’s Furs has offered fur design, cre- independence. losophy for education that has made her an ation, storage, cleaning and repairs to cus- The dream of a Jewish state stretches back invaluable asset to the community as teacher tomers from around the world. The quality of two millennia to the destruction of the ancient and principal. Her achievements are widely work performed and customer service pro- Jewish kingdom of Israel. At the end of the known and well sung by the innumerable citi- vided is a testament to Howard Freeman. Nineteenth Century, after the two thousand zens she’s left a lasting impression upon. It is Freeman Fur’s will cease operation in April, years of diaspora, persecution, and pogroms, with pleasure and honor that I’d like to con- 2004. Theodor Herzl and his fellow Zionists began gratulate Sister Rosemary for this distin- Mr. Speaker, Freeman’s Fur Shop is be- the drive to revive the Jewish homeland. The guished award, and on behalf of the citizens loved by its faithful customers and all who unspeakable horrors of the Holocaust ce- of Staten Island offer my most sincere grati- walk through its doors. It is a shining example mented the necessity of a Jewish state, and tude for the extraordinary contributions she’s of the significance and economic impact a Israel was finally established as a sovereign made to the community. small business can have on a community. I and independent nation on May 14, 1948.

VerDate jul 14 2003 04:01 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.079 E27PT1 April 27, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E677 In the 56 years since its establishment, Bernardino minority community after all other streets could be flooded with AK–47’s. In 139 Israel has served as a beacon of democracy banks had closed their outlets there. days the work of 10 years and the progress in the Middle East. In the face of war, ter- Maurice is truly a community activist, serv- towards safer neighborhoods could vanish. In rorism, and frequent diplomatic isolation, ing as a member of both the Inland Empire 139 days we could see the semiautomatic Israeli society has flourished because of the Hispanic and African American Chambers of weapons that are used in combat zones on pluralism, freedom, and human rights guaran- Commerce. He is a member of the Board of our street corners. teed by Israel’s democracy. These democratic Trustees of both the University of California But we don’t have to let this happen. H.R. values have sustained a strong alliance be- Foundation, and the San Bernardino Valley 2038, the Assault Weapons Ban and Law En- tween Israel and the United States, an alliance College Foundation. Maurice is also a Director forcement Protection Act of 2003, is a com- of friendship, principles, strategy, and a com- for the Inland Empire Economic Partnership, mitment to defeat terror. and President of Sinfonia Mexicana. mon sense approach to protecting Americans Perhaps more than any other nation, Israel His service has been recognized by many from dangerous and impractical weapons. I understands the dilemmas faced by a demo- honors: ‘‘Father of the Year’’ from the City of continue to support responsible legislation that cratic society confronted with terror. Terrorism Banning, ‘‘Citizen of the Year’’ from the City of protects the rights of those who collect or hunt threatens the institutions that nurture Israel’s Beaumont, ‘‘Hispanic of the Year,’’ and ‘‘Influ- and use weapons for legitimate recreational prosperity—both through the bloodshed it en- ential Latino of the Year’’ in 1998 by the In- purposes, but I think we can all agree that re- genders and through the sacrifices of civil lib- land Empire Hispanic Chamber and Hispanic stricting the availability of Uzis will not impede erties necessary to achieve security. Israel Lifestyle Magazine, respectively. Maurice was lawful hunting. Assault weapons make up less has admirably maintained an open, democratic the inaugural recipient of the California Credit than 1 percent of all guns but they are 18 society in spite of relentless threats to its citi- Union League Diversity Award, and was times more likely than other guns to be cop- zens. We in America must salute this accom- named to the Southern California Native killers, and 16 times more likely to be traced plishment and try to learn from the Israeli ex- American and Latino Hall of Fame. to crime than other firearms. perience how to balance homeland security Most recently, Maurice Calderon has been recognized for his public service to the Mexi- H.R. 2038 is supported by more than three- and a free society. fourths of the American public and virtually Much as its existence has been constantly can immigrant community by the Mexican Min- every major national law enforcement organi- challenged over its turbulent history, Israel istry of Foreign Affairs, which awarded him the zation. In fact President Bush and Attorney currently faces critical threats to its well-being. Reconocimiento Ohtli Medal. It honors those General John Ashcroft have both stated their The cycle of terrorist violence and reprisals individuals who are role models for society, shows no signs of ceasing, and the virulent and have contributed successfully toward support for this legislation. I urge the leader- specter of anti-Semitism remains a staple in building relations with the Mexican community ship of the House to protect Americans from the Middle East and is resurgent in Western living outside of the country. these senseless weapons of mass destruction Europe. However, we must embrace the cau- Mr. Speaker, a big reason for Maurice and bring this legislation to the floor for a vote. tious optimism embodied in Israel’s national Calderon’s dedication to his community is the anthem, Hatikvah, which means ‘‘the hope.’’ support he receives from Dorothy, his wife of f more than 40 years, and his two children and We hope that Israel will continue to serve as IN OBSERVANCE OF THE 56TH AN- the ‘‘light unto the nations’’ that Herzl envi- four grandchildren. Please join me in con- gratulating the entire Calderon family for this NIVERSARY OF THE INDEPEND- sioned more than a century ago and that ENCE OF ISRAEL Israel’s 57th year will be a time of peace honor, and thanking him for all the years of throughout the region. public service he has given the people of San Bernardino and Riverside counties. f f HON. ROBERT T. MATSUI CONGRATULATING MAURICE OF CALIFORNIA CALDERON OF REDLANDS FOR PERSONAL EXPLANATION SERVICE TO THE HISPANIC COM- IN THE HOUSE OF REPRESENTATIVES MUNITY HON. ELTON GALLEGLY OF CALIFORNIA Tuesday, April 27, 2004 IN THE HOUSE OF REPRESENTATIVES Mr. MATSUI. Mr. Speaker, I want to join my HON. JERRY LEWIS Tuesday, April 27, 2004 OF CALIFORNIA colleagues and the world Jewish community in IN THE HOUSE OF REPRESENTATIVES Mr. GALLEGLY. Mr. Speaker, on Thursday, congratulating the people of Israel on the cele- Tuesday, April 27, 2004 April 22, 2004, I was unable to vote on H. bration of the 56th anniversary of their inde- Res. 602, on ordering the previous question Mr. LEWIS of California. Mr. Speaker, I pendence. Israel is the only true democracy (rollcall 126); and on agreeing to H. Res. 602 and our country’s strongest ally in the Middle would like today to congratulate Maurice (rollcall 127). Had I been present, I would Calderon of Redlands, whose efforts to ensure East. Since the United States became the first have voted ‘‘yea’’ on both questions. country to recognize Israel’s independence, that all communities in San Bernardino County Additionally Mr. Speaker, on Thursday, April our countries have shared a deep friendship have access to financial services has been 22, 2004, I was unable to vote on the Larson and partnership. We are bonded by our com- recognized by the Foreign Ministry of Mexico, amendment to H.R. 2844 (rollcall 128); and on which presented him with the Ohtli Award for Larson amendment (2) to H.R. 2844 (rollcall mitment to democracy and freedom. public service. 129). Had I been present, I would have voted Since they declared their independence in I have counted Maurice Calderon as a ‘‘no’’ on both measures. 1948, Israel has faced continuous challenges friend for more than 30 years, and I have And, finally, on Thursday, April 22, 2004, I to their right to exist as a sovereign country. been proud to work with him on many projects was unable to vote on final passage of H.R. To this day, we hear new reports almost daily to improve our communities in San Bernardino 2844, the Continuity in Representation Act of of violence against the people of Israel. Thou- County. Maurice was born and raised in Ban- 2004 (rollcall 130). Had I been present, I sands of innocent lives have been lost to at- ning, California, and served as a school board would have voted ‘‘yea.’’ tacks by terrorist organizations. member there for nine years, followed by an- f other nine as a community college trustee. As Israel’s partner, the United States must He is currently the Senior Vice President of RENEW THE BAN ON ASSAULT stand with its allies against these violent as- Governmental Affairs and Community Devel- WEAPONS saults on the Israeli people and maintain our opment at Arrowhead Credit Union in San commitment to a free, peaceful and demo- Bernardino, California. In that position, Mau- HON. SAM FARR cratic Israel. As partners in peace, the United rice has been an advocate for providing finan- OF CALIFORNIA States must also support Israel’s right to take cial services to the large and growing Hispanic IN THE HOUSE OF REPRESENTATIVES necessary measures to defend its citizens community, many of them immigrants from Tuesday, April 27, 2004 against violence. The future of Israel, and the Mexico. He was instrumental in convincing the Mr. FARR. Mr. Speaker, in 139 days the as- hopes of peace in the Middle East depend on credit union to open a new branch in the San sault weapons ban will expire. In 139 days our it.

VerDate jul 14 2003 04:01 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 0626 Sfmt 0634 E:\CR\FM\A27AP8.084 E27PT1 E678 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 2004 CELEBRATING ISRAEL’S 56TH the modern state of Israel, Jews once again acts of terrorism. We in Congress stand firmly ANNIVERSARY OF INDEPENDENCE found sovereignty and self-rule in the land of behind Israel’s security. Israel is a reality, and their forefathers it is here to stay. The sooner Israel’s neigh- HON. CIRO D. RODRIGUEZ The United States has a special relationship bors accept this basic point, the sooner we will OF TEXAS with Israel and her people, and it is right that see progress toward peace. we do. Israel, like the United States, values IN THE HOUSE OF REPRESENTATIVES Israel faces many great challenges, and liberty, individual expression, and freedom of solving them will take our active participation. Tuesday, April 27, 2004 religion, assembly and the press. It too is a The United States has a stake in the future of Mr. RODRIGUEZ. Mr. Speaker, I rise today land of immigrants from continents as diverse Israel and in the entire region, and we must to congratulate the state of Israel on the cele- as Asia, Europe, Africa, and the Americas. We not neglect our obligation to lead and the op- bration of its 56th anniversary of independ- share basic values of freedom, a love of life, portunity to respond. We should not dictate re- ence. Born out of the ashes of the Holocaust, and a concern for our citizens’ well-being. sults, but should work always to create an en- Israel has blossomed into a dynamic and suc- Israel also is a land of great innovation, home vironment that encourages dialogue. cessful democracy. I urge all of my colleagues to great advancements in biosciences, agri- to pause and recognize this grand achieve- culture and computer sciences to name a few. Today is a day of celebration, one that ment. Israel’s military and our own share resources marks the great achievements of Israel and Since their forced removal from the historic and work together to achieve advances in de- her citizens these past 56 years. Like our own land of Israel by the Romans some 2,000 fense technology that benefit both nations. independence, Israel’s comes at great cost. years ago, Jews have migrated the four cor- We all know that Israel finds itself beset by We all look forward to the day when Israel will ners of the earth. With the establishment of enemies sworn to its destruction, facing daily celebrate its independence in peace.

VerDate jul 14 2003 06:41 Apr 28, 2004 Jkt 029061 PO 00000 Frm 00028 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.089 E27PT1 Tuesday, April 27, 2004 Daily Digest Senate During consideration of this measure today, Senate Chamber Action also took the following action: Routine Proceedings, pages S4383–S4443 Stabenow Amendment No. 2141 (to Amendment Measures Introduced: Three bills and two resolu- No. 2136), to express the sense of the Senate that tions were introduced, as follows: S. 2350–2352, S. the White House and all Executive Branch agencies Res. 343, and S. Con. Res. 100. Page S4428 should respond promptly and completely to all re- quests by Members of Congress of both parties for Measures Passed: information about public expenditures, fell when INTELSAT IPO Extension: Committee on Com- McCain Amendment No. 2136 (listed above) was merce, Science, and Transportation was discharged withdrawn. Page S4402 from further consideration of S. 2315, to amend the A motion was entered to close further debate on Communications Satellite Act of 1962 to extend the Daschle Amendment No. 3050 (listed above) and, in deadline for the INTELSAT initial public offering, accordance with the provisions of Rule XXII of the and the bill was then passed. Page S4443 Standing Rules of the Senate, a vote on cloture will Internet Tax Non-Discrimination Act: Senate occur on Thursday, April 29, 2004. agreed to the motion to proceed to consideration of Pages S4406, S4422 S. 150, to make permanent the moratorium on taxes A motion was entered to close further debate on on Internet access and multiple and discriminatory Domenici Amendment No. 3051 (listed above) and, taxes on electronic commerce imposed by the Inter- in accordance with the provisions of Rule XXII of net Tax Freedom Act, and then began consideration the Standing Rules of the Senate, a vote on cloture of the bill, taking action on the following amend- will occur on Thursday, April 29, 2004. Page S4422 ments proposed thereto: A motion was entered to close further debate on Pages S4390–96, S4397–S4402, S4402–22 McCain Amendment No. 3048 (listed above) and, in Pending: accordance with the provisions of Rule XXII of the McCain Amendment No. 3048, in the nature of Standing Rules of the Senate, a vote on cloture will a substitute. Pages S4402–22 occur on Thursday, April 29, 2004. Page S4422 Daschle Amendment No. 3050 (to the language A unanimous-consent agreement was reached pro- of the bill proposed to be stricken by Amendment viding for further consideration of the bill at 10:30 No. 3048), to eliminate methyl tertiary butyl ether a.m., on Wednesday, April 28, 2004. Page S4443 from the United States fuel supply, to increase pro- Appointments: duction and use of renewable fuel, and to increase Commission on Review of Overseas Military Fa- the Nation’s energy independence. Pages S4406–22 Domenici Amendment No. 3051 (to Amendment cility Structure of the United States: The Chair, on No. 3050), to enhance energy conservation and re- behalf of the Majority Leader, pursuant to Public search and development and to provide for security Law 108–132, Section 128, appointed the following and diversity in the energy supply for the American individual to the Commission on Review of Overseas Military Facility Structure of the United States: Ad- people. Pages S4413–22 miral Thomas Lopez of Virginia. Page S4443 Rejected: Hutchison Amendment No. 3049 (to Amendment Messages From the House: Page S4428 No. 3048), to change the definition of Internet ac- Measures Placed on Calendar: Page S4428 cess service. (By 64 yeas to 32 nays (Vote No. 72), Enrolled Bills Presented: Page S4428 Senate tabled the amendment.) Pages S4404–06 Withdrawn: Additional Cosponsors: Pages S4428–30 McCain Amendment No. 2136, in the nature of Statements on Introduced Bills/Resolutions a substitute. Page S4402 Pages S4430–35 D406

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Additional Statements: Pages S4427–28 and James Oberg, Soaring Hawk Productions, Dick- Amendments Submitted: Pages S4435–42 inson, Texas. Hearings recessed subject to the call. Notices of Hearings/Meetings: Page S4442 ELECTRICITY GENERATION Authority for Committees to Meet Pages S4442–43 Committee on Energy and Natural Resources: Committee Record Votes: One record vote was taken today. concluded an oversight hearing to examine sustain- (Total—72) Pages S4405–06 able, low emission, electricity generation, focusing Adjournment: Senate convened at 9:45 a.m., and on clean coal, wind, geothermal, and solar energy adjourned at 8:27 p.m., until 9:30 a.m., on Wednes- technologies, biomass, and nuclear waste manage- day, April 28, 2004. (For Senate’s program, see the ment, after receiving testimony from David K. remarks of the Majority Leader in today’s Record on Garman, Assistant Secretary of Energy for Energy Ef- page S4443.) ficiency and Renewable Energy; Richard E. Smalley, Rice University, Houston, Texas; Ernest J. Moniz, Committee Meetings Massachusetts Institute of Technology Laboratory for Energy and the Environment, Cambridge; Francis P. (Committees not listed did not meet) Burke, CONSOL Energy, Inc., Pittsburgh, Pennsyl- vania, on behalf of the National Mining Association. NOMINATIONS NATIONAL PARKS Committee on Armed Services: Committee concluded a hearing to examine the nominations of Tina Westby Committee on Energy and Natural Resources: Sub- Jonas, of Virginia, to be Under Secretary of Defense committee on National Parks concluded a hearing to (Comptroller), Dionel M. Aviles, of Maryland, to be examine S. 1064, to establish a commission to com- Under Secretary of the Navy, and Jerald S. Paul, of memorate the sesquicentennial of the American Civil Florida, to be Principal Deputy Administrator for War, S. 1092, to authorize the establishment of a Defense Programs, National Nuclear Security Ad- national database for purposes of identifying, locat- ministration, who was introduced by Senator Nelson ing, and cataloging the many memorials and perma- (FL), after each nominee testified and answered ques- nent tributes to America’s veterans, S. 1748, to es- tions in their own behalf. tablish a program to award grants to improve and maintain sites honoring Presidents of the United TELECOMMUNICATIONS POLICY States, S. 2046, to authorize the exchange of certain Committee on Commerce, Science, and Transportation: land in Everglades National Park, S. 2052, to amend Committee held a hearing to examine telecommuni- the National Trails System Act to designate El Ca- cations policy, focusing on lessons learned from the mino Real de los Tejas as a National Historic Trail, Telecommunications Act of 1996, including opening and S. 2319, to authorize and facilitate hydroelectric the telephone exchange market to competition, after power licensing of the Tapoco Project, after receiving receiving testimony from David Dorman, AT&T testimony from Senators DeWine and Hutchison; Corporation, Bedminster, New Jersey; Richard C. Paul Hoffman, Deputy Assistant Secretary of the In- Notebaert, Qwest Communications, Denver, Colo- terior for Fish, Wildlife and Parks; J. Mark Robin- rado; and James Geiger, Cbeyond Communications, son, Director, Office of Energy Projects, Federal En- Atlanta, Georgia, on behalf of the Association for ergy Regulatory Commission; Kathy Copeland, Local Telecommunications Services. South Florida Water Management District, West Hearings recessed subject to the call. Palm Beach; Brian Rooney, Remembering Veterans INTERNATIONAL SPACE EXPLORATION Who Earned Their Stripes, Northridge, California; PROGRAM Richard Moe, National Trust for Historic Preserva- tion, Washington, D.C.; Randall M. Overbey, Alcoa, Committee on Commerce, Science, and Transportation: Sub- Inc., Knoxville, Tennessee; Faye Phillips, Louisiana committee on Science, Technology, and Space held a State University, Baton Rouge; John L. Nau III, hearing to examine International Space Exploration Texas Historical Commission, Houston, Texas on be- Program, focusing on competition and cooperation in half of the Advisory Council on Historic Preserva- the space exploration arena globally, receiving testi- tion. mony from Marcia S. Smith, Specialist in Aerospace and Telecommunications Policy, Congressional Re- INTERNATIONAL TRADE AND search Service, Library of Congress; Sven Grahn, PHARMACEUTICALS Swedish Space Corporation, Solna, Sweden; John M. Committee on Finance: Subcommittee on International Logsdon, George Washington University Elliot Trade and Subcommittee on Health Care held a School of International Affairs, Washington, D.C.; joint hearing to examine international trade and

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pharmaceuticals, focusing on name-brand prescrip- Kavanaugh, of Maryland, to be a United States Cir- tion drug prices, trade initiatives that promote inno- cuit Judge for the District of Columbia Circuit, after vation and ensure access to lifesaving medicines, im- the nominee, who was introduced by Senator portation of prescription drugs, drug counterfeiting, Cornyn, testified and answered questions in his own the Medicare Importation Study and Task Force, and behalf. making greater use of generics, receiving testimony from Grant D. Aldonas, Under Secretary of Com- INDEPENDENT AGING merce for International Trade; Josette Sheeran Shin- er, Deputy U.S. Trade Representative; William K. Special Committee on Aging: Committee concluded a Hubbard, Associate Commissioner for Policy and hearing to examine opportunities and challenges re- Planning, Public Health Service, Food and Drug Ad- lating to assistive technologies for independent ministration, Department of Health and Human aging, focusing on how to accelerate and amplify the Services; John E. Calfee, American Enterprise Insti- development of these technologies crucial to the na- tute, Washington, D.C.; and Gerard Anderson, tion’s future security and economic well-being, after Johns Hopkins University School of Bloomberg of receiving testimony from Eric Dishman, Intel Cor- Public Health, Baltimore, Maryland. poration, Hillsboro, Oregon, on behalf of the Center Hearings recessed subject to the call of the chair. for Aging Services Technologies; Martha E. Pollack, NOMINATION University of Michigan Department of Electrical En- gineering and Computer Science, Ann Arbor; Lydia Committee on Foreign Relations: Committee concluded Lundberg, Elite Care-Oatfield Estates, Milwaukie, a hearing to examine the nomination of John D. Oregon; Joseph F. Coughlin, Massachusetts Institute Negroponte, of the District of Columbia, to be Am- of Technology Age Lab & New England University bassador to Iraq, after the nominee testified and an- Transportation Center, Cambridge; Stephen McCon- swered questions in his own behalf. nell, Alzheimer’s Association, Washington, D.C.; NOMINATION and Ronald Seiler, University of Idaho Center on Committee on the Judiciary: Committee concluded a Disabilities and Human Development, Moscow. hearing to examine the nomination of Brett M. h House of Representatives oid offenses near sports facilities, amended (H. Rept. Chamber Action 108–461 Pt. 2); Measures Introduced: 7 public bills, H.R. H.R. 1914. A bill to provide for the issuance of 4218–4224; and 1 resolution, H. Res. 607, were in- a coin to commemorate the 400th anniversary of the troduced. Pages H2405–06 Jamestown settlement (H. Rept. 108–472 Pt. 1); Additional Cosponsors: Pages H2406–07 H.R. 2768. A bill to require the Secretary of the Reports Filed: Reports were filed today as follows: Treasury to mint coins in commemoration of Chief H. Res. 607, providing for consideration of H.R. Justice John Marshall (H. Rept. 108–473 Pt. 1); 4181, to amend the Internal Revenue Code of 1986 H.R. 3277. A bill to require the Secretary of the to permanently extend the increased standard deduc- Treasury to mint coins in commemoration of the tion, and the 15-percent individual income tax rate 230th Anniversary of the United States Marine bracket expansion, for married taxpayers filing joint Corps, and to support construction of the Marine returns (H. Rept. 108–470); Corps Heritage Center (H. Rept. 108–474 Pt. 1); H. Res. 516, a resolution supporting the goals of and National Manufacturing Week, congratulating man- H.R. 2179. A bill to enhance the authority of the ufacturers and their employees for their contributions Securities and Exchange Commission to investigate, to growth and innovation, and recognizing the chal- punish, and deter securities laws violations, and to lenges facing the manufacturing sector, amended (H. improve its ability to return funds to defrauded in- Rept. 108–471); and vestors, and for other purposes, amended (H. Rept. H.R. 3866, to amend the Controlled Substances 108–475 Pt. 1). Page H2405 Act to provide increased penalties for anabolic ster-

VerDate jul 14 2003 04:35 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D27AP4.REC D27AP4 April 27, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D409 Speaker: Read a letter from the Speaker wherein he appointed Representative Boozman to act as Speaker Committee Meetings Pro Tempore for today. Page H2379 LABOR, HHD, EDUCATION AND RELATED Recess: The House recessed at 12:57 p.m. and re- AGENCIES APPROPRIATIONS convened at 2 p.m. Page H2382 Committee on Appropriations: Subcommittee on Labor, Health and Human Services, Education and Related Suspensions: The House agreed to suspend the rules Agencies continued appropriation hearings. Testi- and pass the following measures: mony was heard from public witnesses. Rhode Island Veterans Post Office Building Re- VOCATIONAL EDUCATION EXAMINING designation Act: H.R. 3942, to redesignate the fa- SUCCESS cility of the United States Postal Service located at 7 Commercial Boulevard in Middletown, Rhode Is- Committee on Education and the Workforce: Sub- land, as the ‘‘Rhode Island Veterans Post Office committee on Education Reform held a hearing enti- tled ‘‘Examining Success in Vocational Education.’’ Building’’, by a 2⁄3 yea-and-nay vote of 395 yeas with none voting ‘‘nay’’, Roll No. 131; Testimony was heard from public witnesses. Pages H2384–85, H2392–93 NUCLEAR SECURITY Honoring the life and legacy of Melvin Jones: H. Committee on Government Reform: Subcommittee on Res. 399, honoring the life and legacy of Melvin National Security, Emerging Threats and Inter- Jones and recognizing the contributions of Lions national Relations held a hearing entitled ‘‘Nuclear Clubs International, by a 2⁄3 yea-and-nay vote of 395 Security: Can DOE Meet Physical Facility Security yeas with none voting ‘‘nay’’, Roll No. 132; and Requirements?’’ Testimony was heard from Robin Pages H2385–87, H2393 M. Nazzaro, Director, Natural Resources and Envi- ronment, GAO; the following officials of the Depart- Supporting the goals and ideals of Financial ment of Energy: Linton F. Brooks, Administrator, Literacy Month: H. Res. 578, supporting the goals National Nuclear Security Administration; and and ideals of Financial Literacy Month, by a 2⁄3 yea- Glenn S. Podonsky, Director, Office of Security and and-nay vote of 391 yeas with none voting ‘‘nay’’, Safety Performance Assurance; and a public witness. Roll No. 133. Pages H2388–92, H2394 INTERNAL REVENUE CODE— Recess: The House recessed at 3:03 p.m. and recon- PERMANENTLY EXTEND CERTAIN vened at 6:30 p.m. Page H2392 PROVISIONS Committee Resignation: Read a letter from Rep- Committee on Rules: Granted, by voice vote, a modi- resentative Tauzin wherein he resigned from the Se- fied closed rule providing 1 hour of debate in the lect Committee on Homeland Security, effective im- House on H.R. 4181, to amend the Internal Rev- mediately. Pages H2395–96 enue Code of 1986 to permanently extend the in- Committee Appointment: The Chair announced creased standard deduction, and the 15-percent indi- the Speaker’s appointment of Representative Barton vidual income tax rate bracket expansion, for married of Texas to the Select Committee on Homeland Se- taxpayers filing joint returns, equally divided and curity. Page H2396 controlled by the chairman and ranking minority member of the Committee on Ways and Means. The Discharge Petition: Representative Edwards moved rule provides that the amendment printed in part A to discharge the Committee on Rules from the con- of the Rules Committee report accompanying the sideration of H. Res. 584, to amend title 10, United resolution shall be considered as adopted, and that States Code, to increase the minimum Survivor Ben- the bill shall be considered as read. The rule pro- efit Plan basic annuity for surviving spouses age 62 vides for consideration of the amendment printed in and older, to provide for a one-year open season part B of the Rules Committee report accompanying under that plan (Discharge Petition No. 8). the resolution, if offered by Representative Rangel of Senate Message: Message received from the Senate New York, or his designee, which shall be consid- today appears on page H2383. ered as read, and shall be separately debatable for one hour equally divided and controlled by the pro- Quorum Calls—Votes: Three yea-and-nay votes de- ponent and an opponent. The rule waives all points veloped during the proceedings today and appear on of order against the amendment printed in part B of pages H2392–93, H2393, and H2394. There were the report. Finally, the rule provides one motion to no quorum calls. recommit with or without instructions. Testimony Adjournment: The House met at 12:30 p.m. and was heard from Representatives Weller, Gerlach and adjourned at 8:40 p.m. Rangel.

VerDate jul 14 2003 04:35 Apr 28, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D27AP4.REC D27AP4 D410 CONGRESSIONAL RECORD — DAILY DIGEST April 27, 2004 RUSSIA Subcommittee on Children and Families, to hold hear- ings to examine how to promote a healthy marriage, 2 Permanent Select Committee on Intelligence: Sub- p.m., SD–430. committee on Human Intelligence, Analysis and Committee on Indian Affairs: to hold hearings to examine Counterintelligence met in executive session to hold S. 2172, to make technical amendments to the provisions a hearing on Russia. Testimony was heard from de- of the Indian Self Determination and Education Assist- partmental witnesses. ance Act relating to contract support costs, 10 a.m., f SR–485. Committee on the Judiciary: to hold hearings to examine COMMITTEE MEETINGS FOR WEDNESDAY, the Playwrights Licensing Antitrust Initiative Act, focus- APRIL 28, 2004 ing on safeguarding the future of American live theater, 2 p.m., SD–226. (Committee meetings are open unless otherwise indicated) Select Committee on Intelligence: to hold closed hearings to Senate examine certain intelligence matters, 2:30 p.m., SH–219. Committee on Appropriations: Subcommittee on Defense, House to hold hearings to examine medical programs in the armed services, 10 a.m., SD–192. Committee on Agriculture, hearing to review Agricultural Committee on Armed Services: to hold a closed briefing on Trade Negotiations, 10 a.m., 1300 Longworth. the performance of force protection equipment for ground Committee on Appropriations, Subcommittee on Labor, forces in Iraq, including the Up-Armored HMMWV, and Health and Human Services, Education, and Related potential alternatives to meet force protection needs of Agencies, on Global Disease, 10:15 a.m., 2358 Rayburn. the Combatant Commander, 11 a.m., SR–222. Subcommittee on Legislative, on GOP, and Capitol Po- Committee on Commerce, Science, and Transportation: to lice, 1 p.m., H–140 Capitol. continue hearings to examine telecommunications policy, Subcommittee on Transportation, Treasury and Inde- 9:30 a.m., SR–253. pendent Agencies, on Federal Transit Administration, 10 Committee on Energy and Natural Resources: business a.m., 2358 Rayburn. meeting to consider pending calendar business, 11:30 Committee on Education and the Workforce, hearing enti- a.m., SD–366. tled ‘‘Assessing the Impact of the Labor Department’s Committee on Environment and Public Works: to hold hear- Final Overtime Regulations on Workers and Employers ings to examine the reauthorization of the Economic De- Overtime Regulations,’’ 10:30 a.m., 2175 Rayburn. velopment Administration, 9:30 a.m., SD–406. Committee on Energy and Commerce, Subcommittee on Committee on Finance: to hold hearings to examine fraud Telecommunications and the Internet, to mark up a and abuse in Medicare’s power wheelchair program, 10 measure authorizing the Satellite Home Viewer Improve- a.m., SD–215. ment Act, 10 a.m., 2123 Rayburn. Committee on Foreign Relations: to hold hearings to exam- Committee on Financial Services, Subcommittee on Capital ine the nominations of James Francis Moriarty, of Vir- Markets, Insurance, and Government Sponsored Enter- ginia, to be Ambassador to Nepal, Michele J. Sison, of prise and the Subcommittee on Oversight and Investiga- Maryland, to be Ambassador to the United Arab Emir- tions, joint hearing entitled: ‘‘A Review of TRIA and Its ates, Thomas Charles Krajeski, of Virginia, to be Ambas- Effect on the Economy: Helping America Move Forward’’, sador to Yemen, Richard LeBaron, of Virginia, to be Am- 10 a.m., 2128 Rayburn. bassador to Kuwait, and Jeffrey D. Feltman, of Ohio, to Subcommittee on Domestic and International Monetary be Ambassador to Lebanon, and David Michael Policy, Trade and Technology, hearing entitled ‘‘Money Satterfield, of Virginia, to be Ambassador to Jordan, 10 Matters: Coin and Currency Design and Counterfeiting a.m., SD–419. Issues; followed immediately by consideration of H.R. Full Committee, to hold hearings to examine the 3916, Presidential $1 Coin Act of 2004, 2 p.m., 2128 nominations of Constance Berry Newman, to be an As- Rayburn. sistant Secretary of State for African Affairs, Aubrey Committee on House Administration, oversight hearing on Hooks, of Virginia, to be Ambassador to the Republic of GPO, 10 a.m., 1310 Longworth. Cote d’Ivoire, Thomas Neil Hull III, of New Hampshire, Committee on International Relations, hearing on the to be Ambassador to Sierra Leone, and Roger A. Meece, United Nations Oil-for-Food Program: Issues of Account- of Washington, to be Ambassador to the Congo, 3 p.m., ability and Transparency, 10:30 a.m., 2172 Rayburn. SD–419. Subcommittee on Asia and the Pacific and the Sub- Committee on Governmental Affairs: to hold hearings to committee on International Terrorism, Nonproliferation examine the use and prevention of abuse of government and Human Rights, joint hearing on North Korea: purchase cards, 10 a.m., SD–342. Human Rights, Refugees and Humanitarian Challenges, Committee on Health, Education, Labor, and Pensions: Sub- 1:30 p.m., 2172 Rayburn. committee on Substance Abuse and Mental Health Serv- Subcommittee on Europe, to mark up H. Res. 577, ices, to hold hearings to examine mental health in chil- Recognizing 50 years of relations between the United dren and youth, focusing on issues throughout the devel- States Government and the European Union, 3 p.m., opmental process, 10 a.m., SD–430. 2255 Rayburn.

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Committee on Resources, hearing on H.R. 2933, Critical 2005 National Institute of Standards and Technology Habitat Reform Act of 2003, 10 a.m., 1324 Longworth. Budget: Views from Industry,’’ 10 a.m., 2318 Rayburn. Subcommittee on Forests and Forest Health, hearing Committee on Transportation and Infrastructure, Sub- on the following bills: H.R. 3744, To authorize the Sec- committee on Coast Guard and Maritime Transportation, retary of Agriculture to sell or exchange all or part of cer- hearing on Integrated Deepwater System, 10 a.m., 2167 tain administrative sites and other land in the Ozark-St. Rayburn. Francis and Ouachita National Forests and to use funds Subcommittee on Water Resources and Environment, derived from the sale or exchange to acquire, construct, oversight hearing on Aging Water Supply Infrastructure, or improve administrative sites; S. 33, To authorize the 2 p.m., 2167 Rayburn. Secretary of Agriculture to sell or exchange all or part of Committee on Veterans’ Affairs, Subcommittee on Over- certain administrative sites and other land in the Ozark- sight and Investigations, hearing on the Department of St. Francis and Ouachita National Forests and to use Veterans Affairs’ research on Alzheimer’s, Diabetes and funds derived from the sale or exchange to acquire, con- Parkinson’s diseases, 10 a.m., 334 Cannon. struct, or improve administrative sites; S. 434, Idaho Pan- Select Committee on Homeland Security, Subcommittee on handle National Forest Improvement Act of 2003; S. Emergency Preparedness and Response, oversight hearing 435, Sandpoint Land and Facilities Conveyance Act of entitled ‘‘The Office for Domestic Preparedness First Re- 2003; and S. 1537, To direct the Secretary of Agriculture sponder Assistance Programs,’’ 10:30 a.m., 2212 Ray- to convey to the New Hope Cemetery Association certain burn. land in the State of Arkansas for use as a cemetery, 2 p.m., 1334 Longworth. Joint Meetings Committee on Science, Subcommittee on Environment, Joint Economic Committee: to hold hearings to examine Technology, and Standards, hearing entitled ‘‘Fiscal Year consumer-directed doctoring, 10 a.m., SD–628.

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Next Meeting of the SENATE (1) S. 1904—Wilkie D. Ferguson, Jr. United States 9:30 a.m., Wednesday, April 28 Courthouse Designation Act; (2) H. Con. Res. 376—Authorizing the use of the Capitol Grounds for the Greater Washington Soap Box Senate Chamber Derby; (3) S. 2043—Ronald Reagan Federal Building Des- Program for Wednesday: After the transaction of any ignation Act; morning business (not to extend beyond 10:30 a.m.), Sen- (4) H. Con. Res. 388—Authorizing the use of the ate will continue consideration of S. 150, Internet Tax Capitol Grounds for the National Peace Officers Memo- Nondiscrimination Act. rial Service; and (5) H.R. 3170—Increased Capital Access for Growing Next Meeting of the HOUSE OF REPRESENTATIVES Business Act. Consideration of H.R. 4181, to amend the Internal 10 a.m., Wednesday, April 28 Revenue Code of 1986 to permanently extend the in- creased standard deduction, and the 15-percent individual income tax rate bracket expansion, for married taxpayers House Chamber filing joint returns (modified closed rule, one hour of de- Program for Wednesday: Consideration of Suspensions: bate).

Extensions of Remarks, as inserted in this issue

HOUSE Gillmor, Paul E., Ohio, E663 Pallone, Frank, Jr., N.J., E657 Green, Mark, Wisc., E672 Portman, Rob, Ohio, E656 Ackerman, Gary L., N.Y., E658 Grijalva, Rau´ l M., Ariz., E651, E653 Putnam, Adam H., Fla., E673 Baca, Joe, Calif., E653, E655 Honda, Michael M., Calif., E663 Rangel, Charles B., N.Y., E668, E669 Bordallo, Madeleine Z., Guam, E663 John, Christopher, La., E658 Rodriguez, Ciro D., Tex., E678 Brown, Corrine, Fla., E676 Kirk, Mark Steven, Ill., E662 Rogers, Mike, Ala., E667, E668, E669, E670 Brown-Waite, Ginny, Fla., E676 Kleczka, Gerald D., Wisc., E658 Ross, Mike, Ark., E671 Capito, Shelley Moore, W.Va., E660 Langevin, James R., R.I., E668, E670 Sanders, Bernard, Vt., E672 Capps, Lois, Calif., E659 Lantos, Tom, Calif., E660, E666 Schiff, Adam B., Calif., E676 Cooper, Jim, Tenn., E659 Lewis, Jerry, Calif., E677 Sessions, Pete, Tex., E659 Costello, Jerry F., Ill., E667, E669 McCarthy, Carolyn, N.Y., E661 Skelton, Ike, Mo., E662 Crenshaw, Ander, Fla., E674 McCotter, Thaddeus G., Mich., E674 Smith, Christopher H., N.J., E656 Crowley, Joseph, N.Y., E672 McGovern, James P., Mass., E656 Udall, Tom, N.M., E673 Emanuel, Rahm, Ill., E653, E655 McInnis, Scott, Colo., E664 Van Hollen, Chris, Md., E672 Evans, Lane, Ill., E671 Majette, Denise L., Ga., E664 Visclosky, Peter J., Ind., E661, E662 Farr, Sam, Calif., E677 Maloney, Carolyn B., N.Y., E653, E655, E667, E669 Vitter, David, La., E667, E669, E670 Fossella, Vito, N.Y., E676 Matsui, Robert T., Calif., E677 Waxman, Henry A., Calif., E661, E664 Frank, Barney, Mass., E651, E654 Menendez, Robert, N.J., E663 Whitfield, Ed, Ky., E676 Frost, Martin, Tex., E659 Moore, Dennis, Kansas, E652, E654 Wilson, Heather, N.M., E674 Gallegly, Elton, Calif., E677 Oxley, Michael G., Ohio, E660 Wilson, Joe, S.C., E675

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