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

Vol. 149 WASHINGTON, MONDAY, DECEMBER 8, 2003 No. 175 Senate The Senate was not in session today. Its next meeting will be held on Tuesday, December 9, 2003, at 10 a.m. House of Representatives MONDAY, DECEMBER 8, 2003

The House met at 9:30 a.m. and was WASHINGTON, DC, MESSAGE FROM THE SENATE December 8, 2003. called to order by the Speaker pro tem- A message from the Senate by Mr. pore (Mr. BOOZMAN). I hereby appoint the Honorable JOHN Monahan, one of its clerks, announced f BOOZMAN to act as Speaker pro tempore on that the Senate has passed bills of the this day. following titles in which the concur- DESIGNATION OF SPEAKER PRO J. DENNIS HASTERT, rence of the House is requested: TEMPORE Speaker of the House of Represenatives. S. 99. An act for the relief of Jaya Gulab The SPEAKER pro tempore laid be- Tolani and Hitesh Gulab Tolani. fore the House the following commu- S. 103. An act for the relief of Lindita Idrizi nication from the Speaker: Heath.

NOTICE If the 108th Congress, 1st Session, adjourns sine die on or before December 9, 2003, a final issue of the Congressional Record for the 108th Congress, 1st Session, will be published on Monday, December 15, 2003, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–60 or S–410A of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Friday, December 12, 2003. The final issue will be dated Monday, December 15, 2003, and will be delivered on Tuesday, December 16, 2003. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators’ statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerkhouse.house.gov/forms. The Official Reporters will transmit to GPO the template formatted electronic file only after re- ceipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–60 of the Capitol. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. ROBERT W. NEY, Chairman.

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 04:12 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 0636 Sfmt 8633 E:\CR\FM\A08DE7.000 H08PT1 H12748 CONGRESSIONAL RECORD — HOUSE December 8, 2003 S. 460. An act to amend the Immigration forced suppliers to be competitive and Mart is the only major retailer that re- and Nationality Act to authorize appropria- more effective. It has given Americans fuses to allow independent auditing of tions for fiscal years 2004 through 2010 to lower prices, and some experts even say its factories overseas. carry out the State Criminal Alien Assist- has held down inflation. What could be Mr. Speaker, it is time for Wal-Mart ance Program. to open up to independent monitoring S. 541. An act for the relief of Ilko Vasilev wrong with this picture? Well, plenty. Ivanov, Anelia Marinova Peneva, Marina First of all, there are the costs to abroad, to stop cheating its employees Ilkova Ivanova, and Julia Ilkova Ivanova. communities. It appears that commu- at home, and to become a force to lift S. 573. An act to amend the Public Health nities lose far more jobs with Wal-Mart standards, to make our world a better Service Act to promote organ donation, and than they gain. Depending upon that place. for other purposes. community and whether or not those To help them, Congress ought to S. 648. An act to amend the Public Health jobs lost are unionized, the jobs that start now investigating the practices of Service Act with respect to health profes- they do get are $2 to $10 an hour less America’s largest retailer, particularly sions programs regarding the practice of pharmacy. than those destroyed. Much of the op- as it relates to labor and employment. S. 848. An act for the relief of Daniel King position is to the impact that Wal- Communities should help Wal-Mart by Cairo. Mart has on the fabric of the commu- not cutting corners and cutting their S. 854. An act to authorize a comprehensive nities it operates in, often at the out- own throats in competition for another program of support for victims of torture, skirts of town, drawing away from the store, and instead establish reasonable and for other purposes. vitality of the main street where busi- land use and planning regulations for S. 1130. An act for the relief of Esidronio nesses, slowly, are strangled. Wal-Mart developments. Arreola-Saucedo, Maria Elena Cobian The impact can even be devastating Most important, consumers should Arreola, Nayely Bibiana Arreola, and Cindy Jael Arreola. for its suppliers, as detailed in a cover begin to consider whether the lowest S. 1402. An act to authorize appropriations story in this month’s Fast Company price is worth any cost: to the poor of for activities under the Federal railroad magazine, discussing the impact on the world, to suppliers here at home, to safety laws for fiscal years 2004 through 2008, Huffy Bikes and Vlasic Pickles, where the health of our main streets, and the and for other purposes. companies end up being squeezed and abuse of Wal-Mart workers, and Ameri- S. 1683. An act to provide for a report on often cannibalizing themselves. Fi- cans denied basic organizing rights. the parity of pay and benefits among Federal nally, there are grave questions about There is a Wal-Mart Day of Action law enforcement officers and to establish an exchange program between Federal law en- the treatment of workers in the fac- planned next month for January 14. forcement employees and State and local law tories around the world that supply This will give us all an opportunity to enforcement employees. Wal-Mart. consider whether the lowest price, re- S. 1881. An act to amend the Federal Food, There appears to be a corrosive im- gardless of its cost, is worth it. Drug, and Cosmetic Act to make technical pact on Wal-Mart itself: It is not just f corrections relating to the amendments anti-union, but blatantly so, firing made by the Medical Device User Fee and workers who are sympathetic to HONORING JUDGE HERBERT CHOY Modernization Act of 2002, and for other pur- unions. There is illegal coercion of The SPEAKER pro tempore. Pursu- poses. ant to the order of the House of Janu- S. 1920. An act to extend for 6 months the their own employees who may be inter- period for which chapter 12 of title 11 of the ested in unions, and illegal roadblocks ary 7, 2003, the gentleman from Cali- United States Code is reenacted. to people who would organize. fornia (Mr. COX) is recognized during morning hour debates for 5 minutes. The message also announced that the Last June in the Wall Street Journal, Mr. COX. Mr. Speaker, today, in San Senate has agreed to the House amend- there was a story about Wal-Mart fir- Francisco, the Ninth Circuit Court of ment with an amendment. ing workers earning $9.50/hour just be- cause they were at the upper end of Appeals is going to honor one of its S. 877. An act to regulate interstate com- most distinguished judges by hanging merce by imposing limitations and penalties Wal-Mart’s already low pay scale. on the transmission of unsolicited commer- There is strong evidence that the cor- his portrait in historic Courtroom One cial electronic mail via the Internet. porate culture that knows every detail in the courthouse on 7th Street in San of its supply chain refuses to correct Francisco. That jurist is Herbert Y.C. f abuses that have been widely reported Choy. I am very privileged to have MORNING HOUR DEBATES in its own operation. worked for him in my first job upon The SPEAKER pro tempore. Pursu- Last year in Oregon, a jury found graduation from law school as his law ant to the order of the House of Janu- that company managers had coerced clerk. ary 7, 2003, the Chair will now recog- hundreds of employees to work over- Today, some 31 generations of Choy nize Members from lists submitted by time without compensation, as Wal- law clerks will honor him, along with the majority and minority leaders for Mart managers were tampering with Chief Judge Mary Schroeder of the morning hour debates. The Chair will time cards, and forcing employees to Ninth Circuit Court of Appeals; Rich- alternate recognition between the par- work off the clock. This appears not to ard Clifton, the successor to Judge ties, with each party limited to not to be an isolated example. Already Wal- Choy in the Ninth Circuit courthouse exceed 30 minutes, and each Member, Mart has settled overtime suits in Col- in Honolulu; and also one of his law except the majority leader, the minor- orado and New Mexico, and there are clerks, John McCuckin, who is now ex- ity leader, or the minority whip, lim- more than 40 other cases pending ecutive vice president of Union Bank, ited to not to exceed 5 minutes. across the country. and many, many others from around The Chair recognizes the gentleman Equally as distressing was the raid the country who honor and treasure from Oregon (Mr. BLUMENAUER) for 5 this fall of 61 Wal-Mart stores where it and respect Judge Choy and his wife, minutes. appears they were contracting with Helen. f companies to clean their stores who Judge Choy is the first Asian Amer- systematically used illegal immi- ican ever appointed to the Federal PLENTY IS WRONG WITH THE grants. These employees were cheated bench. He is the first Asian American WAL-MART PICTURE out of overtime by these companies not only on an article 3 court, but on Mr. BLUMENAUER. Mr. Speaker, a that often failed to pay their taxes. A any court. He is the first Korean Amer- drama is taking place about the future, systemic pattern by a company known ican to be appointed to the Federal not just of America’s economy, but the for insisting on detailed, private finan- bench, and he is the first Hawaiian ever global marketplace. A metaphor for cial information from its suppliers, but to be appointed to serve representing this drama is the role that Wal-Mart, unable or unwilling to make sure that the State of Hawaii on the Ninth Cir- the world’s largest retailer, plays. its own contractors follow the law. cuit Court of Appeals. Since its founding by Sam Walton in This raises huge questions about their Judge Choy is the son of immigrants 1962, it has grown to be larger than the 10,000 overseas contractors and sub- who came to Hawaii, came to the economies of 170 nations. contractors, about whether or not Wal- United States from Korea, as part of a By rigorous cost containment and Mart has complied with its own vague great wave to work on Hawaii’s sugar careful attention to detail, it has code of conduct, especially since Wal- plantations. The Hawaiians of Korean

VerDate jul 14 2003 04:12 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 0636 Sfmt 0634 E:\CR\FM\A08DE7.002 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12749 ancestry are celebrating their centen- CONGRESS BORROWS TO FUND has not gotten significantly better. nial of that great immigration wave PROJECTS There are still many thousands of Or- this year. As someone who was part of The SPEAKER pro tempore. Pursu- egonians unemployed who cannot find the immigration experience, Judge ant to the order of the House of Janu- work. Many of them fall into this cat- Choy always paid particular attention, ary 7, 2003, the gentleman from Oregon egory of long-term unemployed. Thou- he said, to immigration cases to make (Mr. DEFAZIO) is recognized during sands of them are going to see their sure they were decided fairly, and on morning hour debates for 5 minutes. benefits expire this month and tens of the Ninth Circuit Court of Appeals, im- Mr. DEFAZIO. Mr. Speaker, today thousands more over the next couple of migration cases are a significant por- Congress will take up one of the largest months. But because of this so-called tion of the total caseload. single aggregate spending bills in the look-back provision, they are no longer When he graduated from the Univer- history of our Nation. There are bil- eligible to get unemployment benefits. sity of Hawaii, Judge Choy blazed an- lions more for foreign aide, there are This is just extraordinary that this other trail. He went back East to Bos- many questionable projects and prior- Congress would again think about leav- ton to attend Harvard Law School ities; but what is most glaring about ing town for the Christmas and New where he distinguished himself as a this legislation is what is not in it. Year’s holidays and into the next year scholar. When he graduated in 1941, as The interesting thing is that much of without authorizing extended unem- a Hawaiian on the East Coast of the the money that funds the agencies and ployment benefits for tens of thousands United States of America, he was hor- the projects under this bill will be bor- of Oregonians and other Americans at rified, as were all Americans, when 6 rowed. And Americans, working Ameri- no additional cost to taxpayers, just months later, an anniversary that we spending down those reserves in the recognized last week, on December 7, cans, for the next 30 years, will be pay- ing that bill. But there is one glaring unemployment trust fund. 1941 saw the attack on Pearl Harbor. But Congress, the Republican lead- Judge Choy, who had just graduated oversight, one thing that is left out where we would not have had to borrow ers, do not want to do that because from law school, joined the United that would make the obscene deficit States Army, and served this country money, and that is to take care of the look just a tiny bit bigger. We would with distinction. He joined the Judge long-term unemployed here in the not have to borrow that money to pay Advocate General Corps, prefiguring United States of America. those benefits; but it would make their his work in private practice, beginning b 0945 $300 billion or $500 billion, however you in 1946 at the end of World War II, as a Why would we not have to borrow want to calculate it, if you calculate lawyer. He became the Nation’s first money to take care of them? Because the fact that they are borrowing and Korean American attorney, and prac- there is $20 billion in the unemploy- spending every penny that is flowing ticed with the firm of Fong & Miho, ment trust fund, taxes that were paid later known as Fong, Miho, Choy & into Social Security this year, no more in by employers and employees, that lockbox around here, that money will Robertson. Hiriam Robertson, a distin- were set aside to take care of Ameri- guished Member of this Congress, was be spent and borrowed and spent and cans in a time of need when they have borrowed and spent. But if you exclude his law partner. lost their job and they cannot find an- He went on to serve Hawaii as attor- that, we are in the $300 billion range, other job through no fault of their own. ney general, beginning in 1957, and he the largest deficit in the history of the $20 billion is there. So out of the hun- was nominated by the President of the United States and spending down the United States in 1971, elevated to the dreds of billions of dollars in this bill unemployment trust fund would, on Federal bench, to the United States that will be borrowed and spent else- paper, make it look bigger; but it Court of Appeals, the largest and busi- where, including foreign aid, we could would not be anything that would be est of the Nation’s appellate courts. have taken care of the unemployed in borrowing to obligate future genera- When he became the first Asian the United States at no additional tions of Americans, unlike the hun- American on the Federal bench, it was cost. dreds of billions of other spending in not remarked upon in that way. Rath- So why is it that they have been this bill. er, people recognized that this was a omitted for the second year in a row? So Congress wants to do one thing for first of another sort, this was one of Last year we notified the Republican this country and one thing for some of the most remarkable people from any leadership and the President that un- the people who have the most merit background nominated to the Federal employment is a problem outside the and are hurting through no fault of bench, and as his law clerk and as so Beltway of Washington, D.C. People their own in this so-called jobless re- many of his law clerks gathering to are exhausting their benefits and they covery, people whose jobs have been ex- honor him can attest, he was unique, need help. That fell on deaf ears here in ported, in the case of my district to and remains unique, in his capacity to the House. The Republican leaders re- Canada, Mexico and China, under the inspire others through a quiet dignity, fused to bring forward legislation to trade policies of this administration through leadership, scholarship that is help the long-term unemployed. Fi- and, yes, the past administration, not intimidating, but compassionate. nally, sometime between Christmas which I opposed. These people want to He is scrupulously honest. I have and New Year’s, when these people work. They are productive people. known honest people in my life who were receiving notices that their bene- They are hardworking people. They are have been examples for me, certainly fits would no longer be coming, Merry willing to work. They just cannot find my own parents, but never have I seen Christmas, the President woke up and a job in the jobless recovery. So let us someone who is so scrupulously honest asked the Congress when it reconvened just give them a little bit of help in the as Judge Choy. in January to extend benefits further. interim so they do not lose their home, Mr. Speaker, we honor today a man Unfortunately, the leaders, again, so they can feed their kids, so they can whose life in the United States of here in the Congress, the Republican keep the lights on. America symbolizes the importance of leaders, chose to bury deep in that re- Do not go home, Congress, until you the rule of law and that vital pillar of authorization of extended unemploy- extend unemployment benefits for all our American republic depends upon ment benefits something called a look- Americans. people of character. There is no finer back provision. What it says is if half f example of honesty, integrity, impar- the people in your State are unem- tiality, and equality before the law ployed today, you can get extended HOUSE CONTINUES LATE-NIGHT than this man, Judge Choy, whom we benefits. But if a year from today, you VOTING TRADITION IN PASSING honor today here in this Congress and still only have half the people in your MEDICARE BILL in the courthouse in San Francisco. To State unemployed, those benefits will The SPEAKER pro tempore (Mr. Judge Choy, to his wife, Helen, and all expire. The look-back provision says BOOZMAN). Pursuant to the order of the of the Federal family, as he is want to your unemployment has to get worse House of January 7, 2003, the gen- call them, congratulations. This is a before we will extend benefits again. tleman from Ohio (Mr. BROWN) is rec- wonderful occasion to honor a wonder- Oregon and many other States are fall- ognized during morning hour debates ful man. ing into this trap now. Our economy for 5 minutes.

VerDate jul 14 2003 00:01 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00003 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.003 H08PT1 H12750 CONGRESSIONAL RECORD — HOUSE December 8, 2003 Mr. BROWN of Ohio. Mr. Speaker, pay premiums through December. So him to Congress. He was told that this is the people’s House, conducting they will not get a benefit in July, but there would not be support for his son the public’s business openly, or at least they will pay the $35, $45, $50, $60 pre- running as a Member of Congress if he it used to be the people’s House. At 2:54 mium. They will not get a benefit in did not change his vote. a.m. on a Friday in March, the House August, but they will be paying the $35, Statements were made to that effect cut veterans benefits by three votes. At $45, $50, $60 premium. They will not get on the floor of the House of Represent- 2:39 a.m. on a Friday in April, House a benefit in September, but they will atives that suggest that somehow votes Republicans slashed education and pay the premium. They will not get the are for sale by the Republican Party on health benefits by five votes. At 1:56 benefit in October, but they will pay the House floor, here in the House of a.m. on a Friday in May, the House the premium. That is what the Repub- Representatives in these halls, in this passed the Leave No Millionaire Be- lican privatization Medicare bill is all Congress that we so dearly value. Brib- hind tax cut bill by a handful of votes. about, written by the drug companies ery, allegations of bribery, and now the At 2:33 a.m. on a Friday in June, the for the drug companies, written by the Justice Department is investigating it, House GOP passed a Medicare privat- insurance industry for the insurance in an effort to try to twist arms and ization and prescription drug bill by industry. get Republicans who wanted to vote one vote. At 12:57 a.m. on a Friday in Mr. Speaker, most of these damaging against this bill because they knew July, the House eviscerated Head Start provisions do not go into effect until that was the right thing to do and they by one vote. And then after returning after the 2004 elections, but this is the were trying to convince them to vote from summer recess at 12:12 a.m. on a people’s House. We should conduct our the other way. Friday in October, the House voted $87 business openly. We should be honest In addition, those of you who may billion for Iraq. Always in the middle with people whom we serve. We should have read the New York Times yester- of the night, always after the press had throw the drug companies and insur- day, front-page article talking about passed their deadlines, always after the ance companies out of our offices so how the bill does not allow for seniors American people had turned off the they are not writing this privatization to buy MediGap coverage, I knew that news and gone to bed. legislation. The American people de- this bill was bad and there are a lot of With that track record, Mr. Speaker, serve better. bad provisions in this bill and my col- we should not be terribly surprised f league from Ohio has pointed out many that when the House passed legislation of them; but many of us were not aware privatizing Medicare and forcing the MEDICARE of the fact that the bill precluded most sweeping changes to Medicare in The SPEAKER pro tempore. Pursu- MediGap insurance. its 38-year history, we should not be ant to the order of the House of Janu- Do you know why it precludes terribly surprised that this Republican ary 7, 2003, the gentleman from New MediGap insurance? Because it does House of Representatives passed that Jersey (Mr. PALLONE) is recognized not want seniors who are in traditional bill at 5:55 in the early morning, Satur- during morning hour debates for 5 min- Medicare, the Republican leadership, day morning, hours. The Republican utes. the President, the Republican Presi- leadership delivered this 1,100-page Mr. PALLONE. Mr. Speaker, I want dent, do not want seniors who are in Medicare bill to House Members on to follow up on what my colleague traditional Medicare to be able to sup- Friday morning at 1:46 a.m. We voted from Ohio said with regard to this plement and buy MediGap insurance. on it 25 hours later. Medicare bill that was passed in the Why would that be? That is because But I do not really blame my Repub- middle of the night after the board was they do not want them in traditional lican colleagues. If I had produced this held open for 3 hours, even though Medicare. They want to force them to bill, I would not want to give people most Members had voted. I want to say go into an HMO to get their drug ben- much time to look at it either. When I was back in my district, of course, efit or force them to buy some kind of Republican leaders sit down behind during the last 2 weeks during the drug-only policy which is going to be closed doors with the insurance indus- Thanksgiving recess, and my constitu- tremendously prohibitive. So seniors try and with the drug industry and ents in New Jersey and throughout the who traditionally have purchased write a bill to privatize Medicare, of State are outraged over this Medicare MediGap coverage, supplemental insur- course they do not want the public to bill. They see it as nothing more than ance to cover the things that are not know much about it. an effort to privatize Medicare, to provided for in Medicare, are now going This bill is not a prescription drug change the traditional Medicare pro- to be told, you cannot do that any- bill. We could have agreed bipartisanly gram and not to provide them with any more. Imagine, you are a senior cit- to deliver a $400 billion drug benefit to kind of meaningful drug benefit. But izen, you do not want to join an HMO, our Nation’s seniors. This bill is a what is the most amazing, Mr. Speak- you are very concerned about the cost Medicare privatization bill, written by er, is what we have learned in the 2 of a drug-only policy which may not the drug industry, written by the in- weeks since that vote was taken, what even be available in your area, but you surance industry, for the drug industry we have learned about the arm-twist- cannot supplement your traditional and for the insurance industry. This ing that took place to try to influence Medicare by buying a MediGap policy, bill forces seniors to join an HMO or Members on the Republican side to perhaps, that would provide for a nice pay more for the coverage they have vote for the bill as opposed to against drug benefit or would make it easier now. And we know how HMOs have the bill, and what we have learned for you in the long run not to expend a treated seniors in county after county about provisions in the bill that many lot of money out of pocket. They are after county in this country. This bill Members were not even aware of that now precluding you from doing this. creates a $20 billion, that is with a B, make the legislation even worse. It is amazing to me. The Republicans $20 billion slush fund for HMOs and I just wanted to talk about those two talk about choice, that the reason that stacks the deck so resolutely against things this morning. First of all, there they wanted to privatize Medicare and the core Medicare program that privat- is now an investigation by the Justice do what they are doing with this bill is ization is inevitable. This bill jeopard- Department into the bribery, alleged because they wanted seniors to have izes employer-sponsored retiree cov- bribery or undue influence that was choices; but in effect, what they have erage for the 12 million-plus seniors placed on Congressman SMITH in an ef- done is limit seniors’ choices. If seniors who have this coverage. Several mil- fort by the Republican leadership to cannot even buy supplemental lion seniors who now have prescription get him to change his vote against the MediGap coverage, what kind of choice drug coverage as retirees are going to Medicare bill and in favor of the bill. is that? No choice of a doctor because lose that coverage when their employ- He ended up voting against the bill, re- in order to get the drug benefit you ers drop it. That is a certainty. fused to switch; but supposedly he was have to join an HMO; but even if you This bill leaves such huge coverage told that if he did not switch that want to supplement your insurance in gaps in coverage that the average sen- $100,000 would not be available from the traditional Medicare, you cannot do it ior will run out of drug benefits by Au- Republican campaign war chest for his anymore. They are not going to allow gust each year, but will be required to son who was running as a successor for Medigap policies anymore.

VerDate jul 14 2003 00:01 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00004 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.005 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12751 It is amazing to me when you look at last day’s proceedings and announces H.R. 2622, to amend the Fair Credit this legislation what went on. A mid- to the House his approval thereof. Reporting Act, to prevent identity dle-of-the-night vote, twisting arms, Pursuant to clause 1, rule I, the Jour- theft, improve resolution of consumer bribing Members of Congress, it looks nal stands approved. disputes, improve the accuracy of con- like, allegations are being made at this f sumer records, make improvements in point, and no choices at all because the use of, and consumer access to, you are forced essentially into an PLEDGE OF ALLEGIANCE credit information, and for other pur- HMO. And for what? A Medicare pre- The SPEAKER pro tempore. Will the poses; scription drug benefit that is almost gentleman from Ohio (Mr. CHABOT) H.R. 3287, to award Congressional completely useless because, as we have come forward and lead the House in the Gold Medals posthumously on behalf of said before, you would have to spend so Pledge of Allegiance. Reverend Joseph A. DeLaine, Harry much money out of pocket, probably Mr. CHABOT led the Pledge of Alle- and Eliza Briggs, and Levi Pearson in over $4,000 out of pocket in order to get giance as follows: recognition of their contributions to $5,000 worth of coverage. I pledge allegiance to the Flag of the the Nation as pioneers in the effort to We do not even know what the pre- United States of America, and to the Repub- desegregate public schools that led di- mium is going to be. The premium for lic for which it stands, one nation under God, rectly to the landmark desegregation the drug benefit could be $85, $100 a indivisible, with liberty and justice for all. case of Brown et al. v. The Board of month for all we know. And you are f Education of Topeka et al; going to have a $275 deductible or per- REMOVAL OF NAME OF MEMBER H.R. 3348, to reauthorize the ban on haps a higher deductible. You are only AS COSPONSOR OF H.R. 3633 undetectable firearms; going to get coverage up to something H.J. Res. 80, appointing the day for like $2,000 or so and after that you are Mr. LAHOOD. Mr. Speaker, I ask the convening of the second session of going to have to pay out of pocket even unanimous consent to have my name the One Hundred Eighth Congress; though you are continuing to pay the removed as a cosponsor of H.R. 3633. S. 459, to ensure that a public safety premiums, up to $5,000. It does not even The SPEAKER pro tempore. Is there officer who suffers a fatal heart attack go into effect until 2006. No cost con- objection to the request of the gen- or stroke while on duty shall be pre- tainment whatsoever. It is just amaz- tleman from Illinois? sumed to have died in the line of duty ing. We have got to continue to point There was no objection. for purposes of public safety officer out the bad aspects of this bill. f survivor benefits; f COMMUNICATION FROM THE and the following enrolled bill and CLERK OF THE HOUSE joint resolution on Wednesday, Decem- RECESS ber 3, 2003: The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore laid be- H.R. 2297, to amend title 38, United ant to clause 12(a) of rule I, the Chair fore the House the following commu- States Code, to improve benefits under declares the House in recess until 11 nication from the Clerk of the House of laws administered by the Secretary of a.m. today. Representatives: Veterans Affairs, and for other pur- Accordingly (at 10 a.m.), the House OFFICE OF THE CLERK, poses; stood in recess until 11 a.m. HOUSE OF REPRESENTATIVES, H.J. Res. 63, to approve the Compact Washington, DC, November 26, 2003. f of Free Association, as amended, be- Hon. J. DENNIS HASTERT, tween the Government of the United b 1100 The Speaker, House of Representatives, Washington, DC. States of America and the Government AFTER RECESS DEAR MR. SPEAKER: Pursuant to the per- of the Federated States of Micronesia, The recess having expired, the House mission granted in Clause 2(h) of Rule II of and the Compact of Free Association, was called to order by the Speaker pro the Rules of the U.S. House of Representa- as amended, between the Government tempore (Mr. THORNBERRY) at 11 a.m. tives, the Clerk received the following mes- of the United States of America and sage from the Secretary of the Senate on No- the Government of the Republic of the f vember 26, 2003 at 10:22 a.m.: Marshall Islands, and to appropriate PRAYER That the Senate passed without amend- ment H.R. 1437. funds to carry out the amended com- The Chaplain, the Reverend Daniel P. That the Senate passed without amend- pacts; Coughlin, offered the following prayer: ment H.R. 1813. and the Speaker signed the following In this season of expectation and That the Senate passed without amend- enrolled bill on Saturday, December 6, winter surprises, the words of the ment H.R. 3287. 2003: prophet Baruch cut through the ages That the Senate passed without amend- H.R. 1, to amend title XVIII of the and blanket the earth: ment H.R. 3348. Social Security Act to provide for a ‘‘My people, take off your robe of That the Senate passed without amend- voluntary program for prescription mourning and lament; put on the ment H.J. Res. 80. drug coverage under the Medicare pro- That the Senate agreed to House amend- splendor of glory from God forever: ment to S. 459. gram, to modernize the Medicare pro- Wrapped in the cloak of justice from With best wishes, I am gram, to amend the Internal Revenue God, show forth the glory of the Lord’s Sincerely, Code of 1986 to allow a deduction to in- eternal name: For God will show all JEFF TRANDAHL, dividuals for amounts contributed to the earth your splendor.’’ Clerk. health savings security accounts and Lord our God, be with the Congress of f health savings accounts, to provide for the United States today. May its work the disposition of unused health bene- ANNOUNCEMENT BY THE SPEAKER prove to all, You guide Your people al- fits in cafeteria plans and flexible PRO TEMPORE ways and are present to their deepest spending arrangements, and for other needs. By the lasting effects of deci- The SPEAKER pro tempore. Pursu- purposes. sions made here, Your splendor, as our ant to clause 4 of rule 1, Speaker pro f judge, will be revealed. tempore THORNBERRY signed the fol- CONGRATULATING THE ELDER For You, the Lord, will lead this Na- lowing enrolled bills and joint resolu- FOOTBALL TEAM tion in joy and fulfillment. By the light tion on Monday, December 1, 2003: of Your glory, You will befriend us H.R. 1437, to improve the United (Mr. CHABOT asked and was given with mercy and justice now and for- States Code; permission to address the House for 1 ever. Amen. H.R. 1813, to amend the Torture Vic- minute and to revise and extend his re- f tims Relief Act of 1998 to authorize ap- marks.) propriations to provide assistance for Mr. CHABOT. Mr. Speaker, on the THE JOURNAL domestic and foreign centers and pro- blustery evening of November 29, 2003, The SPEAKER pro tempore. The grams for the treatment of victims of the Elder High School football team Chair has examined the Journal of the torture, and for other purposes; won their second consecutive Ohio

VerDate jul 14 2003 04:12 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00005 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.006 H08PT1 H12752 CONGRESSIONAL RECORD — HOUSE December 8, 2003 State championship under the guidance I urge my colleagues to join me in sumers choice, or allowing bulk price of Coach Doug Ramsey, becoming just calling upon retailers to remove this negotiations, which is what happens if the fourth school ever to win back-to- game. you have a Sam’s Club. In either man- back Division I championships. f ner, we in the government prevented While last year’s championship run that from happening and are forcing ACKNOWLEDGING ADMIRABLE was epitomized by hard-fought, closely- our seniors into higher prices and forc- CALIFORNIANS contested victories, this year’s Panther ing our taxpayers to play inflated team dominated the playoffs, except (Mrs. BLACKBURN asked and was prices. for the very close one-point win over a given permission to address the House We have an obligation to the tax- very tough Coleraw High School team. for 1 minute and to revise and extend payers to give them the best and most The dynamic leadership of quarterback her remarks.) affordable prices for their taxpayer Rob Florian and the sensational run- Mrs. BLACKBURN. Mr. Speaker, money, and we took a pass today on ning of Bradley Glatthaar spearheaded today I rise to congratulate Governor that legislation. the offense, while Elder’s swarming de- ´ Schwarzenegger on his efforts to f fense held opposing teams to just seven ‘‘clean house’’ in California. Since he points in four of the five playoff games. took office last month, he has been im- INFAMOUS DAYS IN OUR NATION’S As always, thousands of Elder faithful plementing many reforms to Califor- HISTORY traveled across the State, braving the nia’s economic and security problems. (Mr. PITTS asked and was given per- cold, to support the Panthers through- He has rescinded a $4 billion car tax, mission to address the House for 1 out the playoffs. called for a constitutional amendment minute and to revise and extend his re- Mr. Speaker, the hard work and sac- to limit State spending, and worked marks.) rifice of the young men at Elder have with the legislature to repeal the law Mr. PITTS. Mr. Speaker, yesterday brought pride and honor to Price Hill that allows illegal aliens to obtain was the anniversary of the attack on and to our entire community. Football driver’s license. Instead of hiding his Pearl Harbor. That day, President fans throughout the Cincinnati area head in the sand as his predecessor did, Franklin Delano Roosevelt said, was ‘‘a congratulate the Panthers and share in he has shown the courage to balance day that will live in infamy.’’ More their celebration. Way to go, Elder the State’s budget without raising than 2,400 Americans died that day, Panthers. And from a LaSalle Lancer, taxes and to protect the security of the 1,100 were wounded, and that day it might be a tough thing to do, but we State. changed America forever. are real proud of you, Elder. God bless I would also like to speak on another But despite being attacked on our you. admirable Californian, Judge Janice own soil, the American people re- f Brown. Judge Brown is the daughter of sponded with courage and resolution. CALLING UPON RETAILERS TO RE- a sharecropper who has beat the odds This same courage showed its face on MOVE VIOLENT AND DEGRADING to become one of the finest judges in September 11, 2001. That same resolu- VIDEO GAMES FROM STORE America. Critics claim she is an ex- tion continues to drive us in the war on SHELVES treme conservative who is outside of global terrorism today. America’s mainstream, but they are As President Bush said this weekend (Mr. DEUTSCH asked and was given the ones who are outside the main- honoring Pearl Harbor, ‘‘America’s lib- permission to address the House for 1 stream. These critics have inten- erty is sustained by the courage of the minute and to revise and extend his re- tionally disregarded her judicial opin- American people. Every generation of marks.) Mr. DEUTSCH. Mr. Speaker, I rise ions that have upheld due process Americans has answered the call to today to bring to this Chamber’s atten- rights for criminal defendants and con- protect the blessings of freedom and tion a disturbing trend in video game sumer protection for Californians. This democracy. With the help of our friends entertainment: Grand Theft Auto: Vice body must stand with Californians, and allies, the brave men and women of City, a video game made by Rockstar like Governor Schwarzenegger and our Armed Forces are now engaged in a Games, Inc., contains violent and dis- Judge Brown, who are working to global war on terrorism. And as in the criminatory messages, urging the play- make a difference. aftermath of the terrible attack on er to ‘‘kill the Haitians’’ and ‘‘kill the f Pearl Harbor, our Nation will stay the course, and we will prevail.’’ Cubans.’’ MISSED OPPORTUNITIES As an elected official who represents f (Mr. EMANUEL asked and was given an ever-expanding population of Hai- UNEMPLOYMENT INSURANCE tian Americans and Cuban Americans, permission to address the House for 1 I am deeply disturbed by the inflam- minute and to revise and extend his re- (Ms. SOLIS asked and was given per- matory and anti-immigration message marks.) mission to address the House for 1 contained in this video game. These Mr. EMANUEL. Mr. Speaker, today, minute and to revise and extend her re- messages run counter to the very prin- as the President signs the Medicare Re- marks.) ciples on which this Nation was found- form Act dealing with prescription Ms. SOLIS. Mr. Speaker, here we go ed: as a haven for all of those who seek drugs, although this is going to be again. Last year, President Bush and freedom and equality. hailed around in Washington as a great the Republican Congress refused to ex- I stand before the House today call- day, we missed an opportunity to save tend unemployment insurance before it ing on my colleagues to join me, along our seniors dramatically on the cost of expired, leaving millions out in the with many elected officials, to urge re- prescription drugs. cold. This year, they are, again, show- tailers to remove this divisive product We could have included a provision ing little interest in providing relief to from their shelves and Internet Web that allowed prescription drugs to be those searching for jobs. To me, that is sites immediately. purchased in Canada or Europe where wrong. The Haitian and Cuban communities prices are 40 to 50 percent cheaper, sav- Despite modest gains in the econ- in America represent a core of law- ing for seniors, on average, a good deal omy, the job market remains abysmal. abiding, hard-working model citizenry of money, as well as taxpayers a good Over 1.1 million Californians remain that embrace family and community. deal of money. We could have included out of work, looking for jobs. Long- They are valuable segments of our soci- a provision to allow a Sam’s Club-like term unemployment last month was ety who, as others before them, seek to bulk negotiating which the Veterans’ the highest in 20 years, with over 20 live the American dream. Administration does for veterans, and percent of those without jobs looking It is shocking and disheartening to we could have done that for Medicare, for work for more than 6 months. know that games with such dehuman- for 41 million Americans, to reduce This is especially true in my district izing messages against these groups are prices. Either way, either of these where unemployment rates remain routinely sold to children across the issues, either through open markets very high. In East Los Angeles, the Nation. This sort of insensitivity and and market access, allowing competi- area that I represent, the unemploy- degradation cannot be tolerated. tion to bring prices down and give con- ment rate is well over 10.7 percent, and

VerDate jul 14 2003 04:12 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00006 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.010 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12753 in the year 2001 it was 8.3, so it has omy last month, a figure that rep- 2004. Established in 1879, Bankers Life gone up. In the city that I live in, in El resents only one-third of economists’ and Casualty Company is one of the Monte, it was at 6.7 in the year 2001. prior expectations. most esteemed insurance companies in Now, it is at 8.7. It has not gone down. We all know there are deeper eco- the United States. Headquartered in While the President hails the recent nomic problems contributing to the Chicago, it is the oldest health and life uptick in the economic figures, he fails loss of American jobs. Our trade poli- insurance company in the city and is to mention the unemployment among cies have produced record-level trade currently the largest tenant in the Latinos and other minorities which deficits and have only encouraged world-famous Merchandise Mart. continues to rise. American companies to send good-pay- Through Bankers’ dedicated work over Let us leave no family behind and ing jobs overseas where they take ad- more than a century, thousands of provide unemployment insurance bene- vantage of cheap labor. Chicagoland employees have helped fits for all. However, as we sit here with 1 day millions of people across the country f left in the session, we need to do what achieve their vision of living happy, ac- we can today to help better the lives of tive, and financially secure lives. SOUTH CAROLINA POLICY COUNCIL the American workers. We all know I congratulate them for 125 years of (Mr. WILSON of South Carolina that the administration talks about service to the residents of America. asked and was given permission to ad- cutting taxes and putting money in our dress the House for 1 minute and to re- pockets, but typically the American f vise and extend his remarks.) working class gets very little of this Mr. WILSON of South Carolina. Mr. extra money. What I want to know is if INCREASED EARMARKS IN THE Speaker, last week, the visionary Gro- the administration is so intent on put- OMNIBUS BILL ver Norquist, President of Americans ting money in our pockets, why they for Tax Reform, honored the South are eliminating the overtime provi- (Mr. FLAKE asked and was given Carolina Policy Council with the rare sions that are in this omnibus bill we permission to address the House for 1 and prestigious Dragon Slayer Award. are talking about today. Why will they minute and to revise and extend his re- President Edward T. McMullen, Jr., re- not extend the unemployment benefits? marks.) ceived a symbolic sword for the Coun- These are policies that give America’s Mr. FLAKE. Mr. Speaker, I rise cil’s efforts in fighting tax increases in workers more money every single pay today to talk about the omnibus bill South Carolina. period. And if there is ever a need for that we will be passing later today, and Since 1986, the South Carolina Policy extra cash, it is during the holiday sea- I rise with great reluctance to criticize Council has educated South Carolina’s son. the bill. This Republican Congress has legislature and citizens about State f increased the number of earmarks in and local public policy based on the bills by about four-fold in just the past traditional values of individual liberty THE ALIEN ACCOUNTABILITY ACT couple of years. This is no way to do and responsibility, free enterprise, and (Mr. ISSA asked and was given per- business. limited government. mission to address the House for 1 We speak a great deal and at great In addition to President McMullen, I minute and to revise and extend his re- length in this House about rooting out would like to give a special thanks to marks.) waste, fraud, and abuse in the Federal the dedicated staff of Administrative Mr. ISSA. Mr. Speaker, I rise to agencies in the way we spend money Assistant Marion Harsey, Vice Presi- make my colleagues aware of H.R. 3651, with the Federal Government. I would dent for Development India Hazzard; a bill I dropped just today at the end of suggest that we look no further than Vice President for Public Affairs Ash- 3 years of service in the House. It is ti- the earmarks that we propose in this ley Landess; Vice President for Policy tled the Alien Accountability Act. I bill and other spending bills to root out Gerry Dickenson; Chairman of the can only apologize to the House that I waste, fraud, and abuse. Board Jake Rasor; and the courageous was not able to bring it to the House Most of these earmarks simply ben- analyst Hal Eberle. sooner. efit one Member, one project. It is typi- The Palmetto State is truly blessed It deals with the 81⁄2 million people cally referred to as pork-barrel spend- to have such talented people working who are here in America outside our ing. We as Republicans have decried on public policy, and I ask all of my laws. It deals in a post-September 11 this practice for years, and now we colleagues to join me in thanking the era with a challenge that America has seem to have embraced it. South Carolina Policy Council for their been trying to face to know who is Mr. Speaker, I think we need to turn vital service. here, why they are here, and whether a different direction and realize that if In conclusion, God bless our troops, or not they threaten Americans, all we want fiscal restraint, if we want to September 11, and the current Decem- Americans. return to balanced budgets, then we ber 7. This is not a partisan issue. I call on have to do something about this kind my colleagues to join me in supporting f of spending. the Alien Accountability Act to once MILLIONS OF AMERICANS WITH- and for all bring to the awareness of f OUT WORK THIS HOLIDAY SEA- civil authorities the 81⁄2 million people SON that are here, according to our census, REPORT ON RESOLUTION WAIVING outside the law and find a way to reg- (Mr. GREEN of Texas asked and was POINTS OF ORDER AGAINST CON- ister these people and to bring about given permission to address the House FERENCE REPORT ON H.R. 2673, some equitable conclusion to what has for 1 minute and to revise and extend CONSOLIDATED APPROPRIA- been a failed system of illegal immi- his remarks.) TIONS ACT, 2004 Mr. GREEN of Texas. Mr. Speaker, I gration. rise today on behalf of the American f Mr. LINDER, from the Committee on Rules, submitted a privileged report worker. As we wrap up our work for the CELEBRATING BANKERS LIFE AND year, 8.7 million Americans are with- (Rept. No. 108–402) on the resolution (H. CASUALTY COMPANY 125TH AN- Res. 473) waiving points of order out jobs this holiday season. NIVERSARY The administration keeps promising against the conference report to ac- economic growth will bring job growth. (Mr. DAVIS of Illinois asked and was company the bill (H.R. 2673) making Yet, even on the heels of an impressive given permission to address the House appropriations for Agriculture, Rural third quarter of economic growth, the for 1 minute and to revise and extend Development, Food and Drug Adminis- job market has not taken off. his remarks.) tration, and Related Agencies for the Mr. DAVIS of Illinois. Mr. Speaker, I fiscal year ending September 30, 2004, b 1115 rise to congratulate Bankers Life and and for other purposes, which was re- The Labor Department reports that Casualty Company on their 125th anni- ferred to the House Calendar and or- only 57,000 jobs were added to the econ- versary, which will occur on June 17, dered to be printed.

VerDate jul 14 2003 00:01 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00007 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.011 H08PT1 H12754 CONGRESSIONAL RECORD — HOUSE December 8, 2003 WAIVING REQUIREMENT OF today is to expedite the consideration run out. After December 20, thousands CLAUSE 6(a) OF RULE XIII WITH of the remaining fiscal year 2004 appro- more will no longer be eligible for an RESPECT TO CONSIDERATION OF priations bills in the House. Once this extension of benefits. Today is our last CERTAIN RESOLUTIONS rule is adopted, the House will be able opportunity before that happens to ex- Mr. LINDER. Mr. Speaker, by direc- to consider a consolidated appropria- tend the unemployment benefits, to tion of the Committee on Rules, I call tions rule and the underlying con- throw a small life preserver to those up House Resolution 465 and ask for its ference report without delay. still caught in the swift currents of immediate consideration. This consolidated bill includes the steady unemployment flowing through The Clerk read the resolution, as fol- Foreign Operations bill, the Transpor- our murky economy. lows: tation-Treasury bill, the Agriculture Just this morning in the Committee bill, the VA–HUD bill, the Commerce- on Rules hearing, the chairman of the H. RES. 465 Justice bill, the District of Columbia Committee on Appropriations agreed Resolved, That the requirement of clause 6(a) of rule XIII for a two-thirds vote to con- bill, and the Labor-HHS bill. I com- that unemployment benefits should be sider a report from the Committee on Rules mend the hard work of the gentleman extended. We are spending $87 billion on the same day it is presented to the House from Florida (Mr. YOUNG) and the Com- on Iraq, $150 billion this year, and we is waived with respect to any resolution re- mittee on Appropriations for their ef- should be able to extend the unemploy- ported on or before the legislative day of forts in crafting this important funding ment benefits, especially considering January 31, 2004, providing for consideration bill. As I stated, the provisions of the that there is a surplus of unemploy- or disposition of any of the following meas- consolidated appropriations bill were ment funds. ures: We need to fight with all our might (1) A bill or joint resolution making con- printed in the CONGRESSIONAL RECORD tinuing appropriations for the fiscal year almost 2 weeks ago, and the passage of to protect American jobs, particularly 2004, any amendment thereto, or any con- the same-day rule will provide for the manufacturing jobs. Since January ference report thereon. prompt consideration of these impor- 2001, the United States has lost 2.4 mil- (2) A bill or joint resolution making gen- tant funding bills this afternoon. lion manufacturing jobs. We should be eral appropriations for the fiscal year ending Mr. Speaker, I urge my colleagues to exporting American products, not our September 30, 2004, any amendment thereto, join me in supporting the passage of jobs. The Manufacturing Extension or any conference report thereon. this rule. Partnership, MEP, is a nationwide net- The SPEAKER pro tempore (Mr. Mr. Speaker, I reserve the balance of work of centers devoted to providing THORNBERRY). The gentleman from my time. small and medium size manufacturers Georgia (Mr. LINDER) is recognized for Ms. SLAUGHTER. Mr. Speaker, I with assistance, information, and ac- 1 hour. yield myself such time as I may con- cess to business experts. We should be Mr. LINDER. Mr. Speaker, for the sume. promoting this program, but instead purpose of debate only, I yield the cus- (Ms. SLAUGHTER asked and was this bill slashes the budget by 63 per- tomary 30 minutes to the gentlewoman given permission to revise and extend cent. It is absurd that we are consid- from New York (Ms. SLAUGHTER), pend- her remarks.) ering cutting this valuable program ing which I yield myself such time as I Ms. SLAUGHTER. Mr. Speaker, while thousands of manufacturing jobs may consume. During consideration of Christmas has come early for President are lost every day. MEP has proven its this resolution, all time yielded is for Bush and his high-dollar friends, but value in boosting productivity in sales the purpose of debate only. for millions of American families, it and employment. Slashing this pro- Mr. Speaker, H. Res. 465 is a rule that looks like the Grinch will be stealing gram will cost small manufacturers al- waives clause 6(a) of rule XIII with re- Christmas. The media has widely re- most $2 billion in sales and cost 28,000 spect to same-day consideration ported that the President won victory workers their employment. against certain resolutions reported after victory in negotiations over the Despite the strong opposition of both from the Committee on Rules. Specifi- details of this omnibus appropriations elected bodies of Congress, President cally, this rule waives the requirement bill. But any Presidential victory Bush was successful in killing legisla- for two-thirds majority vote by the comes at a very high cost. tive protections against limitations on House to consider a rule on the same- America’s working families and those overtime pay. Relaxing the overtime day that it has been reported by the struggling to stay afloat in the swift pay rules makes it easier for companies Committee on Rules. currents of unemployment will be to force workers to put in more than 40 This rule’s waiver applies to any spe- stuck with the tab. The unemployment hours a week without additional pay. cial rule reported by the Committee on rate was essentially unchanged from And under the broad rules proposed by Rules on or before the legislative day October to November and almost 9 mil- this administration, many nurses will of January 31, 2004, providing for the lion Americans still cannot find work, be ineligible for overtime pay, and even consideration of disposition of any of including 6.2 percent of the New York- manual laborers would be classified as the following: ers who were unemployed. executives, which would end their eli- First, a bill or joint resolution mak- Across the Nation, the number of gibility for overtime pay. ing further continuing appropriations Americans filing for the first time for These new regulations could make at for the fiscal year 2004, or any amend- unemployment benefits is up. New least 8 million workers ineligible for ment thereto, or any conference report claims for unemployment have risen in the overtime, the money with which thereon; or, second, a bill or joint reso- 47 States and territories. One econo- many pay their bills and take care of lution making general appropriations mist described last Friday’s unemploy- their families. Millions of them rely on for the fiscal year ending September 30, ment report as ‘‘getting just the that just to scrape by each month. And 2004, any amendment thereto, or any Christmas present you want but two protecting the worker’s right to over- conference report thereon. sizes too small.’’ The President assured time pay is such an important issue Mr. Speaker, the Committee on Rules the country that his massive tax cuts that people from across my district are reported this same-day rule on Novem- would create 300,000 jobs a month. But asking me to oppose this entire bill be- ber 21 in order to provide some flexi- unfortunately for the millions of men cause it does not include overtime pay bility to the House leadership in terms and women looking for work, only protection. of bringing the consolidated appropria- 57,000 new jobs were created in Novem- I need to add that the overtime pay tions bill to the floor. On November 25, ber. That is the ‘‘two sizes too small.’’ protection passed handsomely both the text of the conference report on The real effects of the administration’s Houses of Congress, and we instructed H.R. 2673, the Consolidated Appropria- tax giveaways were more money to the our conferees to keep it in the bill; but tions Act of 2004, was printed in the wealthiest and a staggering Federal mysteriously it disappeared. A man CONGRESSIONAL RECORD for review by deficit. from Tonawanda said last week to us House Members. While the rule before Only a few days before the Christmas no worker should lose his overtime pay the House today permits consideration holiday and the beginning of a new since it is essential to their lives. of a number of appropriations options, year, unemployment benefits for thou- This massive bill is yet another ex- the purpose of processing of this rule sands and thousands of Americans will ample of the disturbing disregard for

VerDate jul 14 2003 00:01 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00008 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.012 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12755 women’s health. The President’s au- now and January 20 that Congress will seen huge pieces of legislation come to thority to enforce his global gag rule be out of session might not seen seem this floor for consideration without al- remains unchallenged. Under the Mex- that important to some, but for hun- lowing Members the time to read what ico City Policy, the United States Gov- dreds of thousands of Americans it will they are voting on. We have seen con- ernment uses family-planning dollars be a terrible time indeed; that is be- ference reports appear without a con- to impose itself between women and cause their Federal unemployment as- ference committee ever having met. We their doctors. The U.S. muzzles health sistance is due to expire. have seen conference committees that care workers. Clinics are prohibited Mr. Speaker, even with the modest meet, but shut Democrats out. We have from mentioning or counseling women job gains made over the past few seen conference reports come to the about abortion. Doctors and nurses are months, the U.S. economy has 2.4 mil- floor, like the one that we are going to forced to forfeit the right to provide lion fewer jobs today compared to 21⁄2 deal with today, that undo the work of complete, accurate medical informa- years ago. There are more than 2 mil- the both the full House and Senate. tion and advice to their patients. lion workers who have been unem- These bills drop provisions that were Mr. Speaker, for the first time in half ployed for more than 6 months; and to supported by both bodies and add a century, the Republican Party con- make a bad situation worse, over things that we never voted on. And we trols both Houses of Congress and the 400,000 jobless American will not be eli- have seen rollcall votes held open for executive, despite an authoritarian gible for unemployment compensation hours and hours until the leadership leadership style, inefficiency, and after the first of the year. gets the result they want by any means squabbling have produced a job that is Americans continue to be unem- necessary. less than half complete. The current ployed at alarmingly high rates. Just I am honored to hold the seat on the fiscal year began over 2 months ago, last week, we saw job numbers that fell Committee on Rules that my old boss, and only three of the 13 measures that well below expectations. And the per- Joe Moakley, had; and it saddens me pay for functioning of the Federal Gov- centage of Americans exhausting their that the Committee on Rules has be- ernment were law by October 1 of fiscal unemployment benefits without find- come a place not to manage debate, but year 2004. And right now only 6 of the ing a job has reached its highest level to stifle it. It has been used as a weap- 13 bills are law. on record. on against Members of both parties. I With this special rule, we will end Mr. Speaker, jobless Americans need have been approached many times by the first session of the 108th Congress help and they need it now. But while Republican colleagues expressing their in a single day of hurried legislative unemployed Americans continue to sympathy and their outrage with the activity. struggle to find work, this Republican- action of their Republican leadership, controlled Congress is preparing to b 1130 and I appreciate their kind words. But leave town for the year. Like last year, I say to my friends on the other side, I Rather than wisely investing the Members of Congress will be free to go do not need your sympathy. I need body’s time in deliberating the details home to their families and constitu- your vote. of each of the seven remaining bills, we ents. Like last year, Members will have Until Members on the other side will spend 1 hour debating the merits a nice holiday. And just like last year, stand up to their leadership, stand up of this massive conglomerate report. the Republican-controlled Congress is for democracy in this House, stand up When substantive debate among Mem- letting unemployment insurance expire for the precedents and the traditions of bers is silenced, the millions of Ameri- during the Christmas season. For hun- this body, things will get worse, not cans that we represent are silenced and dreds of thousands of Americans, this better. This House is broken. And I disenfranchised. Particularly, that is Republican Congress will be their urge my colleagues to think long and what happens, when one party of the Grinch who stole Christmas. And I hard during this holiday season about House is excluded from all delibera- have little hope that Congress’s heart how we can fix it. tions. This is not an attribute of a de- will grow any time soon; that is, unless Vote no on the previous question. liberative democracy. we act today. Mr. LINDER. Mr. Speaker, I reserve Mr. Speaker, I hope that during the The facts are clear. It is clear we will the balance of my time. coming second session that comity and not be back in session until late Janu- Ms. SLAUGHTER. Mr. Speaker, I genuine bipartisan collaboration will ary; and it is clear that during that yield 21⁄2 minutes to the gentlewoman replace arm-twisting and exclusion. I time, hundreds of thousands of jobless from Oregon (Ms. HOOLEY). hope that character, decency, virtue, Americans will lose their unemploy- Ms. HOOLEY of Oregon. Mr. Speaker, and respect are more than words on a ment insurance. We should not turn I rise in opposition to the martial law page. I hope that we all will embrace our backs on these people and their rule. the right of all Members elected here families in our rush to adjourn. In Oregon, the recession much earlier to fully participate in a truly delibera- Now, I am sure that there is a bipar- than the rest of the country. My State tive process and of all the people to be tisan consensus to extend unemploy- has had the dubious distinction of hav- fully represented in their national leg- ment benefits. I am sure that if we ing the highest rate of unemployment islature. A natural result of the decline brought up a bill to do that, a majority in the country for much of the last 3 of deliberative democracy is the de- would support it; and if not, we could years. During that time, Oregon has cline in the quality of our laws and the just hold the vote open for 3 hours or 4 lost 57,000 jobs, a lot of jobs from a decline of public support for them and hours until a majority appeared. That State like mine. the decline of the standard of living in seems to be the new precedent around Unemployment benefits are intended the United States. I urge my colleagues here. But the leadership does not want as a safety net to carry people from to vote against the previous question. it. And in today’s House of Representa- one job to the next. They do not pro- Mr. Speaker, I reserve the balance of tives, what the leadership wants, the vide 100 percent of a person’s previous my time. leadership gets. To heck with democ- salary, and they require sacrifice to Mr. LINDER. Mr. Speaker, I reserve racy. make it work, but the benefits are ab- the balance of my time. Unemployed Americans deserve bet- solutely vital for families to make ends Ms. SLAUGHTER. Mr. Speaker, I ter than this. meet. And not only do those benefits yield 41⁄2 minutes to the gentleman Mr. Speaker, since this may be our provide a level of security to families, from Massachusetts (Mr. MCGOVERN). last opportunity to speak this year, let unemployment benefits are also a Mr. MCGOVERN. Mr. Speaker, I rise me conclude with a few words about stimulus to our local economies. When in opposition to this martial law rule. the process that has dominated during you take spending power from people, This rule will allow us to consider a se- this session. businesses hurt. Each dollar spent on riously flawed omnibus appropriations I have worked in this House for 20 unemployment benefits results in bill and nothing else. years, both as a staffer and as a Mem- boosting the economy by $1.73. But un- After today, the House will not come ber. Never have I seen so much dis- less Congress takes action today, al- back to work for legislative business regard for the rules, the traditions, and most 40,000 Oregonians will lose their until January 20. The time between the well-being of this House. We have unemployment benefits in the first half

VerDate jul 14 2003 00:01 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00009 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.014 H08PT1 H12756 CONGRESSIONAL RECORD — HOUSE December 8, 2003 of next year. Benefits that are needed about, that he can patrol this floor and again. We have what is called ‘‘a job- to pay their rent, pay their mortgage, get the votes, where is your leadership? less recovery’’ in this country, and pay for food, pay utility bills. We should not have to be here today, those are real people who do not have Eleven thousand Oregonians ex- the gentleman from New York (Mr. jobs. They are real people in my dis- hausted their benefits last month and RANGEL), myself and others. This trict. And Congress could do something that number is going to continue to should be a bipartisan effort, and I real for them today. It is just choosing grow unless Congress acts today. The hope in the next 24, no, it is not 24, it not to. It will help the special interests Federal Government Unemployment is 5 or 6 hours, that you, on the Repub- but not working Americans. Trust Funds have a balance of roughly lican side, will keep faith with the b 1145 $20 billion, more than enough to con- American people, those who are work- Mr. LINDER. Mr. Speaker, I reserve tinue and improve the extended bene- ing and those who are not working the balance of my time. fits program. These funds were paid through no fault of their own. Do not Ms. SLAUGHTER. Mr. Speaker, I into that unemployment compensation reserve your time. Come here with a yield 2 minutes to the gentleman from system just for the purpose of helping bill. New York (Mr. RANGEL). dislocated workers during difficult eco- Mr. LINDER. Mr. Speaker, I reserve (Mr. RANGEL asked and was given nomic times. This is money that is the balance of my time. permission to revise and extend his re- there. This is the only thing that Ms. SLAUGHTER. Mr. Speaker, I marks.) money can be used for. It does not add yield 2 minutes to the gentleman from Mr. RANGEL. My colleagues, I do to the debt. This is something we need Oregon (Mr. DEFAZIO). not know why the majority is reserv- to do. Mr. DEFAZIO. Mr. Speaker, unem- ing their time. Some pretty rough ac- I urge my colleagues in joining me to ployed Americans are about to get cusations have been made against them defeat the previous question on the their annual Christmas gift from the as a party. It would just seem to me martial law rule for the omnibus Republican majority, and that is the that there should be enough sensitivity spending bill so we can bring up an un- end of their unemployment benefits. if not to respond to us then at least to employment extension bill. This is not the first time this hap- respond to those 9 million people who Mr. LINDER. Mr. Speaker, I reserve pened. Last year, Congress went home are without work and without hope for the balance of my time. without extending unemployment ben- the future. Ms. SLAUGHTER. Mr. Speaker, I efits for those who, through no fault of I can understand the majority in try- yield 31⁄2 minutes to the gentleman their own, cannot find a job and have ing to eliminate all taxes for corpora- from Michigan (Mr. LEVIN). exhausted their benefits. tions and the rich. I can understand (Mr. LEVIN asked and was given per- Now they say, well, we just cannot them trying to dismantle the Social mission to revise and extend his re- afford it. They can afford hundreds of Security System and the Medicare sys- marks.) billions of dollars of other things in tem. These are things they have dedi- Mr. LEVIN. Mr. Speaker, this is not this bill, foreign aid other things, much cated themselves to doing and can be a happy moment. This is not a happy of it borrowed, but they cannot find described as being Republican and moment. We are forced to come up here the money for unemployed Americans. Democratic positions. But how can and ask that the previous question be Well, that is actually a lie because someone out of work be the victim of defeated so that we can give to people there is $20 billion in the unemploy- partisanship? How can they determine who are unemployed, who need unem- ment trust fund. whether they are Republican or Demo- ployment comp, who are looking for They do not even have to borrow the crat? How can they benefit when a kid work, an additional 13 weeks. And all money to help unemployed Americans has to be withdrawn from school be- we get from the Republican side is re- like they are going to borrow to help cause of their parents’ failure to pay serving the balance of their time. many of the special interests. All they their tuition, or their mortgage is There are 9 million unemployed in have to do is agree to spend some of forced to be foreclosed on? this country; and here is what is going the taxes paid and on deposit to help It seems to me that at this time of to happen: December 20, if you are laid unemployed Americans, paid by work- the year we can at least join ranks to off, or I should say if you are drawing ers, paid by employers. That is why take care of those people who want to benefits, you can continue to receive that money is there. work each and every day. If we can your extended benefits. But, if you ex- Every week, 400 Oregonians exhaust spend $1 billion a week rebuilding haust your benefits on December 21, their benefits in this jobless recovery. Baghdad, we should at least give some you are out in the cold. That is the hol- Nationwide, tens of thousands of Amer- token of appreciation for those people who have worked hard to build this Na- iday message from the majority in this icans are losing their unemployment tion, to make her as strong as she is by House. It is unconscionable. All kinds benefits. They cannot find work giving to them out of their own trust of excuses. through no fault of their own. They funds that this Congress established to The gentleman from Texas (Mr. want to work. They want to work, but protect them; that we have the com- DELAY) has said, Every indicator is they cannot find a job. Their job has passion, no, not the compassion, we better than in 1993. But the job picture exported to China or to Mexico or from have the responsibility to respond to is entirely worse. Job creation is en- my district, some of them even to Can- their needs. tirely, dramatically less. ada. They cannot find a decent paying Sometimes I am so proud to be a Then I heard: Leave it to the Senate. job. And now what is the Republican Member of this body, but it is becom- They are not going to act. majority going to do? They are going ing increasingly more difficult to go to Where are my colleagues from Michi- to go home without extending unem- town hall meetings and to not ask why gan on the Republican side? Because of ployment benefits for these people. we tolerate the Republicans doing a bipartisan action in Lansing, people Many will lose the benefits Christmas these things. Why does this institution, who needed it could draw up to 65 week or New Year’s week or in the this great institution that we inher- weeks; and now, someone laid off on month following. They may not be able ited, allow such pain and suffering to December 21, or I should say who is ex- to make the payments on their house. go to the least among us? It is wrong. hausting their benefits, is out in the They are not going to be able to help We should vote ‘‘no’’ on the previous cold. Not one more week. their kids get the things they need to question, and I hope we hear sometime We should not have to be coming go to school, to feed their family, to this morning from the majority. here, Mr. Speaker. Times are tough. I pay their electric bills. These are ba- Mr. LINDER. Mr. Speaker, I reserve talked to building trade leaders an sics. the balance of my time. hour ago. Unemployment is going up in We cannot find that money. We have Ms. SLAUGHTER. Mr. Speaker, I the building trades in Michigan and in the money. It is sitting in the bank. yield 2 minutes to the gentlewoman lots of other places, and there is noth- All we have to do is agree to spend it. from California (Ms. WOOLSEY). ing but a cold shoulder from the leader- We have to stop pretending that ev- (Ms. WOOLSEY asked and was given ship of this House. And I say to the erything is good with the economy, permission to revise and extend her re- Speaker, whom it is now being said that America’s just booming ahead marks.)

VerDate jul 14 2003 01:45 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00010 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.016 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12757 Ms. WOOLSEY. Mr. Speaker, I too checks that my dad was picking up ting into one, but I guess maybe the am in opposition to this martial law once a week were going to keep going ship will make it. rule because it fails to bring attention for a while, to get us through the holi- Washington State remains one of the to the hardworking families that are day season that year in 1971. He hung hardest hit States in the Nation, de- struggling every day in this Nation to in there. He eventually got a part-time spite being a diverse economy that is a meet their needs and to take care of job and worked every day for the rest model and a microcosm of America. their children. The economy is letting of his life, until he died in 1985 at the Too many people are falling through them down. The economy continues to age of 75 years old. Government the cracks, and the leadership of the suffer. The job market is weak. These reached out and helped us that holiday Republican Party does not care. They families are why we must absolutely season 32 years ago. want martial law in here in this Con- extend the unemployment benefits and Mr. Speaker, I know there are 1.3 gress. They would be willing to put why we must do it now. Not later, but million American families who feel martial law out on the streets if the now. today like we felt that day 32 years unemployed in this country rose up. Mr. Speaker, families must have the ago, not knowing whether the money For every person we know who is un- means to be healthy, they must be safe was going to be there for us to have employed, there are many more who when their jobs are no longer secure, any kind of holiday at all, much less have been given up, dropped out of and that is why we must extend these the money to pay our rent for the next sight and out of reach. Washington unemployment benefits before we ad- month, to pay for our heat for the next citizens from all walks of life look to journ Congress this year, before we month to survive on into the next year. us for leadership, look to us for a help- leave here for our holidays. We are There was money around here to pay ing hand in time of hardship. They de- highly paid. We are employed. Yet we for a solar heating experiment for a serve it, and for the good of America are going to leave and enjoy our holi- Hooters restaurant down South, there we cannot turn our backs on our own days, and it will be absolutely irrespon- was plenty of money, necessary money people. sible if we do not extend the unemploy- in my opinion, to rebuild the wreckage Now, we can go have that party down ment benefits. of postwar Baghdad, there is certainly at the White House, and there will be If it is not irresponsible, Mr. Speak- enough money for the 1.3 million bands playing and violins, and lots of er, it is certainly hardhearted, because American families who have already drinks and good food; but it is sort of we need 26 weeks’ more extension for exhausted their unemployment bene- like Old England. It is Scrooge’s busi- those who have already lost their jobs fits. ness. Let us have a party, but we will or who are going to lose their jobs or Defeat the previous question. Let us not worry about the people out on the for those who have unemployment ben- bring this issue to the floor. streets. efits that have lapsed. If we do not give Mr. LINDER. Mr. Speaker, I reserve Vote against the previous question unemployed workers the help they the balance of my time. and make this leadership bring up un- need today, an estimated 500,000 or Ms. SLAUGHTER. Mr. Speaker, I employment. 900,000, over half a million of the Na- yield 21⁄2 minutes to the gentleman Ms. SLAUGHTER. Mr. Speaker, I tion’s jobless, will be without benefits from Washington State (Mr. yield myself the balance of my time. by the time we return from our holi- MCDERMOTT). We are about to adjourn sine die and days in January; holidays that we have (Mr. MCDERMOTT asked and was close the first session of the 108th Con- been able to enjoy because we are high- given permission to revise and extend gress with no more legislative business ly paid and we are employed, until at his remarks.) until January 20th of next year. And least November of every other year. Mr. MCDERMOTT. Well, Merry just like last year at this time, we are Why are we not taking care of those Christmas, Mr. Speaker. We are here, again callously turning our backs on who do not have the benefits that we and we are going to have a party down millions of unemployed Americans have? I urge my colleagues to join me at the White House tonight, and every- whose Federal unemployment benefits in supporting the extension of benefits body is going to be full of happiness are set to expire shortly after Christ- and vote against the martial law rule. and gemitlichkeit, but the workers of mas. Mr. LINDER. Mr. Speaker, I reserve this country are not going to get any- It is very interesting how the Repub- the balance of my time. thing done by the Republican legisla- lican leadership can find billions of dol- Ms. SLAUGHTER. Mr. Speaker, I ture. lars to make their rich friends even yield 2 minutes to the gentleman from The leadership of the Republican richer, but cannot find it in their New Jersey (Mr. ANDREWS). Congress is ignoring the need to extend hearts to help jobless workers through (Mr. ANDREWS asked and was given benefits this year, just like they did this rough time with money that is al- permission to revise and extend his re- last year. We will be back in January; ready there for them. They can find $87 marks.) and there will be all this clamor about, billion to fund the war in Iraq, but Mr. ANDREWS. Mr. Speaker, I thank oh, we have to do something about un- nothing for those here without jobs. the gentlewoman for yielding me this employment. We know it now. We not Mr. Speaker, I am going to call for a time. In 1971, when I was 14 years old, only need to extend these benefits, but ‘‘no’’ vote to defeat the previous ques- in the spring of that year, one day my we need to fix a quirk in the law that tion on this rule so we can try to do father came home from work from the keeps people in Washington State from something to help the unemployed shipyard at which he had worked for even getting it if we would extend it. American workers. If the previous nearly 40 years and he brought home Now, the administration likes to question is defeated, I will offer an with him that day a layoff notice from trumpet, oh, the stock market is up amendment so we can immediately the shipyard because we were no longer and there are a few jobs here and there, take up legislation to extend the expir- making enough money building the but this economic recovery is a mile ing Federal unemployment benefits. ships. That was a summer where he ap- wide and an inch deep. Two out of And I want to state again: the money is plied for a lot of jobs. He had to make, every three people will not find a job. there. It does not have to be borrowed. as I recall, a weekly visit to the unem- That is the statistic out of the Depart- It has been paid in. It simply requires ployment office to pick up his check; ment of Labor in the Bush administra- Federal action to allow the States to and his benefits ran out in the fall of tion. We know there are no jobs out expend it. 1971. there. We say, well, try harder. Go Mr. Speaker, this legislation will I was not quite old enough to under- work harder. Walk around. continue the extended unemployment stand what that meant, but I was old Mr. Speaker, no matter how dedi- benefits program for the first 6 months enough to remember the stress and cated you are, how willing you are to of next year. The bill would also in- anxiety my mother and father felt that accept a job, if there is no chance, it crease to 26 weeks the amount of bene- fall; and I was also old enough to re- sounds to me like, you know, it is like fits provided under that program, member that somehow or another being on the Titanic and looking down which is up from 13 weeks. This would there was some good news that came to see how many life boats there are provide new help to the 1.4 million that fall because the unemployment and saying, well, I guess I am not get- workers who have already exhausted

VerDate jul 14 2003 01:45 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00011 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.021 H08PT1 H12758 CONGRESSIONAL RECORD — HOUSE December 8, 2003 their extended benefits and have yet to I am here to vote ‘‘no’’ on the Previous one hour of debate equally divided and con- find work. Question on both the Martial Law Rule and trolled by the Chairman and ranking Minor- This measure is identical to the text the Rule for the Omnibus Appropriations bill. I ity Member of the Committee on Ways and of H.R. 3244, the Rangel-Cardin unem- Means; and (2) one motion to recommit with am doing this to allow the House to consider or without instructions. ployment extension, and also contains legislation that would continue to extend un- the text of H.R. 3554, authored by the employment benefits through the first six Mr. LINDER. Mr. Speaker, I urge gentleman from Washington (Mr. months of next year. Members to support the previous ques- MCDERMOTT), which would fix a flaw in By voting no, we can consider H.R. 3568, a tion and the rule, I yield back the bal- the current law that prevents those bill that would also increase to 26 weeks the ance of my time, and I move the pre- States with exceptionally high long- amount of benefits provided under that pro- vious question on the resolution. term unemployment rates from con- gram—up from 13 weeks—and help the 1.4 The SPEAKER pro tempore (Mr. tinuing to receive extra benefits. million workers who have already exhausted THORNBERRY). The question is on order- There is so much talk today about their extended benefits. ing the previous question. our economy and claims that things Already this year, the Bush Administration The question was taken; and the are looking good. However, new jobs has cut education spending, giving the rich Speaker pro tempore announced that are not forthcoming at this time and more tax breaks, and taken away the child tax the ayes appeared to have it. do not appear to be coming anytime credit for the middle class. We need to be tak- Ms. SLAUGHTER. Mr. Speaker, I ob- soon. Americans continue to be unem- ing steps to change this selfish economic pol- ject to the vote on the ground that a ployed at alarmingly high rates. The icy and focus on creating jobs and incentives quorum is not present and make the percentage of Americans exhausting to employ more people and assist those dur- point of order that a quorum is not their unemployment benefits without ing the transition. present. finding a job has reached the highest Right now we know that job creation will The SPEAKER pro tempore. Evi- level on record. More than 2 million need to be far greater, more sustained and dently a quorum is not present. workers have been unemployed for more robust to start to undo the damage of The Sergeant at Arms will notify ab- more than 6 months. Jobs are dis- the recession created by the Bush Administra- sent Members. appearing every day with no relief in tion. Already, President Bush is on track to Pursuant to clause 9 of rule XX, the sight. These Americans need relief, and have the worst job creation record of any Chair will reduce to 5 minutes the min- they need it immediately. imum time for electronic voting, if or- If we do not fix this today, over modern President. With a current unemploy- dered, on the question of adoption of 400,000 jobless Americans will not be el- ment rate of 5.9 percent, it is a 44 percent in- the resolution. igible for unemployment compensation crease than the rate when President Bush The vote was taken by electronic de- after the first of the year. More than 2 took office in January 2001. This means 2.7 vice, and there were—yeas 211, nays million more will lose the benefits in million more Americans are without a job be- 179, not voting 44, as follows: the first 6 months of next year. And, cause of our irresponsible economic practices. Mr. Speaker, the House will probably Extending unemployment benefits is one of [Roll No. 672] adjourn sine die today or later this the first steps to correcting the administration’s YEAS—211 week, so this is the only opportunity poor economic planning. Economists have es- Akin Ehlers Kline we have to help unemployed Americans timated that each dollar of unemployment ben- Baker Emerson Knollenberg this year. Let us not abandon them efits leads to $1.75 in economic growth. Ballenger English Kolbe Last year, the Republicans went home for Barrett (SC) Everett LaHood today. Bartlett (MD) Feeney Latham I want to emphasize that voting the holidays and left 800,000 jobless Ameri- Barton (TX) Flake LaTourette against the previous question will not cans fearing for their terminated benefits. This Bass Foley Leach year, we have two million Americans out of Beauprez Forbes Lewis (CA) stop the omnibus appropriations con- Bereuter Fossella Lewis (KY) ference report from coming to the floor work for over six months, and benefits will ex- Biggert Franks (AZ) Linder today. pire for 90,000 workers every week unless we Bilirakis Frelinghuysen LoBiondo Voting ‘‘no’’ on the previous question will do something about this now. Bishop (UT) Garrett (NJ) Lucas (OK) This is something we must do for our con- Blackburn Gerlach Manzullo still allow that bill to be considered. But a ‘‘no’’ Blunt Gibbons McCotter vote will allow the House to vote on legislation stituents who are struggling to make ends Boehlert Gilchrest McCrery that will help our Nation’s unemployed work- meet because of circumstances that are out of Boehner Gillmor McHugh ers. their control. From my own district in Houston, Bonilla Gingrey McInnis Bonner Goode McKeon However, a ‘‘yes’’ vote on the previous I have received over 150 pleading requests to Bono Gordon Mica question you will stop any opportunity for this not adjourn without passing the unemployment Boozman Goss Miller (MI) House to extend desperately needed unem- benefit extension. This Administration needs to Bradley (NH) Granger Miller, Gary ployment assistance to hundreds of thousands come up with economic policies that will cre- Brady (TX) Graves Moran (KS) Brown (SC) Green (WI) Murphy of our constituents and their families. Do you ate jobs, and in the interim they must provide Brown-Waite, Greenwood Musgrave really want to go home and tell these people support to unemployed workers by imme- Ginny Gutknecht Myrick that you failed to do your job and failed to help diately extending Federal unemployment ben- Burgess Harris Nethercutt Burns Hart Neugebauer them in their time of need? efits. We need to take better care of our work- Buyer Hastings (WA) Ney Make no mistake, this vote will give the ing families and make this a priority. Calvert Hayes Northup House the opportunity to vote today to extend Camp Hayworth Norwood Federal unemployment benefits and to give re- b 1200 Cannon Hefley Nunes Capito Hensarling Nussle lief to those hardest hit by our Nation’s grim The text of the material previously Carter Herger Osborne employment situation. I urge a ‘‘no’’ vote on referred to by Ms. SLAUGHTER is as fol- Castle Hobson Ose the previous question. lows: Chabot Hoekstra Otter Mr. Speaker, I ask unanimous con- Chocola Hostettler Oxley PREVIOUS QUESTION FOR H. RES. 465—RULE ON Coble Houghton Paul sent that the text of the amendment be WAIVING 2/3RDS FOR OMNIBUS/C/R AND/OR AP- Cole Hulshof Pearce printed in the RECORD immediately be- PROPRIATIONS MEASURES Collins Hunter Pence fore the vote on the previous question. At the end of the resolution add the fol- Cox Hyde Peterson (PA) The SPEAKER pro tempore. Is there lowing new section: Crane Isakson Petri Crenshaw Issa Pickering objection to the request of the gentle- SEC. 2. Immediately after disposition of Culberson Istook Pitts woman from New York? this resolution, it shall be in order without Cunningham Jenkins Platts There was no objection. intervention of any point of order to con- Davis, Jo Ann Johnson (IL) Pombo Ms. JACKSON-LEE of Texas. Mr. Speaker, sider in the House the bill (H.R. 3568) to pro- Davis, Tom Johnson, Sam Porter I am here today to echo the sentiment of my vide extended unemployment benefits to dis- DeLay Jones (NC) Portman placed workers, and to make other improve- DeMint Keller Pryce (OH) Democratic colleagues about where our prior- ments in the unemployment insurance sys- Diaz-Balart, L. Kelly Putnam Diaz-Balart, M. Kennedy (MN) Quinn ities are. As Congress comes to a close for tem. The bill shall be considered as read for 2003, I want to emphasize the needs of the Doolittle King (IA) Radanovich amendment. The previous question shall be Dreier King (NY) Ramstad middle class, of the unemployed and of the considered as ordered on the bill to final pas- Duncan Kingston Rehberg families struggling to make ends meet. sage without intervening motion except: (1) Dunn Kirk Renzi

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Reynolds Simmons Toomey ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE McKeon Portman Smith (NJ) Rogers (AL) Simpson Turner (OH) The SPEAKER pro tempore (Mr. Mica Pryce (OH) Smith (TX) Rogers (KY) Smith (MI) Upton Miller (FL) Putnam Souder Rogers (MI) Smith (NJ) Vitter THORNBERRY)(during the vote). Mem- Miller (MI) Quinn Stearns Rohrabacher Smith (TX) Walden (OR) bers are reminded that 2 minutes re- Miller, Gary Radanovich Sullivan Ros-Lehtinen Souder Walsh main in this vote. Moran (KS) Ramstad Sweeney Ryan (WI) Stearns Wamp Murphy Rehberg Tancredo Ryun (KS) Sullivan Weldon (FL) b 1221 Musgrave Renzi Tauzin Myrick Reynolds Taylor (NC) Saxton Sweeney Weldon (PA) Nethercutt Rogers (AL) Terry Schrock Tancredo Weller Messrs. WYNN, PASCRELL and Neugebauer Rogers (KY) Thomas Sensenbrenner Tauzin Whitfield CRAMER changed their vote from Ney Rogers (MI) Thornberry Shadegg Taylor (NC) Wicker ‘‘yea’’ to ‘‘nay.’’ Northup Rohrabacher Tiahrt Shaw Terry Wilson (NM) Mr. BARTLETT of Maryland changed Norwood Ros-Lehtinen Tiberi Shays Thomas Wilson (SC) his vote from ‘‘nay’’ to ‘‘yea.’’ Nunes Royce Toomey Sherwood Thornberry Wolf Nussle Ryan (WI) Turner (OH) Shimkus Tiahrt Young (FL) So the previous question was ordered. Osborne Ryun (KS) Upton Shuster Tiberi The result of the vote was announced Ose Saxton Vitter as above recorded. Otter Schrock Walden (OR) NAYS—179 Stated for: Oxley Sensenbrenner Walsh Paul Sessions Wamp Abercrombie Hall Oberstar Mr. FERGUSON. Mr. Speaker, on rollcall Pearce Shadegg Weldon (FL) Ackerman Harman Obey No. 672, I was unavoidably detained. Had I Pence Shaw Weldon (PA) Alexander Hill Olver been present, I would have voted ‘‘yea.’’ Peterson (PA) Shays Weller Allen Hinojosa Ortiz Petri Sherwood Whitfield Andrews Hoeffel Owens Stated against: Pickering Shimkus Wicker Baca Holden Pallone Mr. FILNER. Mr. Speaker, on rollcall No. Pitts Shuster Wilson (NM) Baird Holt Pascrell 672, due to urgent constituent support commit- Platts Simmons Wilson (SC) Baldwin Honda Pastor ments in my congressional district, I missed Pombo Simpson Wolf Ballance Hooley (OR) Payne Porter Smith (MI) Young (FL) Becerra Hoyer Pelosi the vote. Had I been present, I would have Bell Inslee Peterson (MN) voted ‘‘nay.’’ NOES—182 Berkley Israel Pomeroy Ms. EDDIE BERNICE JOHNSON of Texas. Abercrombie Green (TX) Neal (MA) Berman Jackson (IL) Price (NC) Ackerman Grijalva Oberstar Berry Jackson-Lee Mr. Speaker, on rollcall No. 672, I missed due Rahall Alexander Gutierrez Obey Bishop (GA) (TX) to unavoidable circumstances. Had I been Reyes Allen Harman Olver Bishop (NY) Jefferson Rodriguez present, I would have voted ‘‘nay.’’ Andrews Hill Ortiz Blumenauer John Ross The SPEAKER pro tempore. The Baca Hinojosa Owens Boswell Jones (OH) Rothman Baird Hoeffel Pallone Boucher Kanjorski question is on the resolution. Roybal-Allard Baldwin Holden Pascrell Boyd Kaptur The question was taken; and the Ruppersberger Ballance Holt Pastor Brady (PA) Kennedy (RI) Ryan (OH) Speaker pro tempore announced that Becerra Honda Payne Brown (OH) Kildee Sabo the ayes appeared to have it. Bell Hooley (OR) Pelosi Brown, Corrine Kilpatrick Sanchez, Linda Berkley Hoyer Peterson (MN) Capps Kind RECORDED VOTE T. Berman Inslee Pomeroy Carson (IN) Kleczka Sanchez, Loretta Ms. SLAUGHTER. Mr. Speaker, I de- Berry Israel Price (NC) Case Kucinich Sanders mand a recorded vote. Bishop (GA) Jackson (IL) Rahall Lampson Clay Sandlin Bishop (NY) Jackson-Lee Reyes Langevin A recorded vote was ordered. Clyburn Schakowsky Blumenauer (TX) Rodriguez Larsen (WA) The SPEAKER pro tempore. This Conyers Schiff Boswell Jefferson Ross Cooper Lee Boucher John Scott (VA) will be a 5-minute vote. Rothman Costello Levin Boyd Jones (OH) Serrano The vote was taken by electronic de- Roybal-Allard Cramer Lewis (GA) Brady (PA) Kanjorski Sherman Ruppersberger vice, and there were—ayes 212, noes 182, Brown (OH) Kaptur Crowley Lipinski Ryan (OH) Skelton Brown, Corrine Kennedy (RI) Cummings Lofgren not voting 40, as follows: Sabo Slaughter Capps Kildee Davis (AL) Lowey [Roll No. 673] Sanchez, Linda Smith (WA) Capuano Kilpatrick Davis (CA) Lucas (KY) T. Snyder AYES—212 Cardoza Kind Davis (FL) Majette Sanchez, Loretta Solis Carson (IN) Kleczka Davis (IL) Maloney Aderholt Culberson Hayworth Sanders Spratt Case Kucinich Davis (TN) Marshall Akin Cunningham Hefley Sandlin Stark Clay Lampson DeFazio Matheson Baker Davis, Jo Ann Hensarling Schakowsky Stenholm Clyburn Langevin DeGette Matsui Ballenger Davis, Tom Hobson Schiff Strickland Conyers Larsen (WA) Delahunt McCarthy (MO) Barrett (SC) DeLay Hoekstra Scott (VA) DeLauro McCarthy (NY) Stupak Bartlett (MD) DeMint Hostettler Cooper Lee Costello Levin Serrano Deutsch McCollum Tanner Barton (TX) Diaz-Balart, L. Houghton Cramer Lewis (GA) Sherman Dicks McDermott Tauscher Bass Diaz-Balart, M. Hulshof Crowley Lipinski Skelton Dingell McGovern Taylor (MS) Beauprez Doolittle Hunter Cummings Lofgren Slaughter Dooley (CA) McIntyre Thompson (CA) Bereuter Dreier Hyde Davis (AL) Lowey Smith (WA) Doyle McNulty Thompson (MS) Biggert Duncan Isakson Davis (CA) Lucas (KY) Snyder Meek (FL) Towns Bilirakis Dunn Issa Edwards Davis (FL) Majette Solis Emanuel Meeks (NY) Turner (TX) Bishop (UT) Ehlers Istook Spratt Udall (CO) Blackburn English Jenkins Davis (IL) Maloney Eshoo Menendez Davis (TN) Marshall Stark Etheridge Michaud Udall (NM) Blunt Everett Johnson (IL) Stenholm Van Hollen Boehlert Feeney Johnson, Sam DeFazio Matheson Evans Millender- DeGette Matsui Strickland Velazquez Boehner Ferguson Jones (NC) Farr McDonald Delahunt McCarthy (MO) Stupak Visclosky Bonilla Flake Keller Ford Miller (NC) DeLauro McCarthy (NY) Tanner Frank (MA) Mollohan Watson Bonner Foley Kelly Tauscher Bono Forbes Deutsch McCollum Frost Moore Watt Kennedy (MN) Taylor (MS) Boozman Fossella King (IA) Dicks McDermott Gonzalez Moran (VA) Weiner Thompson (CA) Bradley (NH) Franks (AZ) King (NY) Dingell McGovern Green (TX) Murtha Woolsey Thompson (MS) Brady (TX) Frelinghuysen Kingston Dooley (CA) McIntyre Grijalva Napolitano Wu Towns Brown (SC) Garrett (NJ) Kirk Doyle McNulty Gutierrez Neal (MA) Wynn Turner (TX) Brown-Waite, Gerlach Kline Edwards Meek (FL) Udall (CO) Ginny Gibbons Knollenberg Emanuel Meeks (NY) Udall (NM) NOT VOTING—44 Burgess Gilchrest Kolbe Eshoo Menendez Van Hollen Aderholt Filner Miller (FL) Burns Gillmor LaHood Etheridge Michaud Evans Millender- Velazquez Bachus Fletcher Miller, George Calvert Gingrey Latham Visclosky Burr Gallegly Cannon Goode LaTourette Farr McDonald Nadler Watson Burton (IN) Gephardt Capito Goss Leach Fattah Miller (NC) Rangel Watt Cantor Goodlatte Carter Granger Lewis (CA) Ford Mollohan Regula Weiner Capuano Hastings (FL) Castle Graves Lewis (KY) Frank (MA) Moore Royce Frost Moran (VA) Woolsey Cardin Hinchey Rush Chabot Green (WI) Linder Chocola Greenwood LoBiondo Gonzalez Murtha Wu Cardoza Janklow Scott (GA) Carson (OK) Johnson (CT) Coble Gutknecht Lucas (OK) Gordon Napolitano Wynn Sessions Cubin Johnson, E. B. Cole Hall Manzullo Tierney NOT VOTING—40 Deal (GA) Lantos Collins Harris McCotter Waters Doggett Larson (CT) Cox Hart McCrery Bachus Buyer Cardin Engel Lynch Waxman Crane Hastings (WA) McHugh Burr Camp Carson (OK) Fattah Markey Wexler Crenshaw Hayes McInnis Burton (IN) Cantor Cubin Ferguson Meehan Young (AK)

VerDate jul 14 2003 01:45 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00013 Fmt 0636 Sfmt 0634 E:\CR\FM\A08DE7.007 H08PT1 H12760 CONGRESSIONAL RECORD — HOUSE December 8, 2003 Deal (GA) Hinchey Rangel that many Members of this House were bers, I think, is very appropriate to the Doggett Janklow Regula close personal friends of Joe, enjoyed man that Joe Skeen was. And I had the Emerson Johnson (CT) Rush Engel Johnson, E. B. Scott (GA) his company and his sense of humor opportunity, as the gentlewoman Filner Lantos Tierney and his deep commitment to this coun- knows, to serve with him here for the 5 Fletcher Larson (CT) Waters try. After the final business of today, years that he was here, and I always Gallegly Lynch Waxman there will be a 1-hour special order on felt that he was a good friend. He was Gephardt Markey Wexler Goodlatte Meehan Young (AK) the House floor to allow Members to very serious about New Mexico. And Hastings (FL) Miller, George honor their friend. whenever I had any question about New Herger Nadler Mr. HOYER. Mr. Speaker, will the Mexico issues or any other issues, for ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE gentlewoman yield? that matter, he was somebody that I The SPEAKER pro tempore (during Mrs. WILSON of New Mexico. I yield could go to the other side of the aisle the vote). Members are reminded that 2 to the gentleman from Maryland. and sit down with and talk with and minutes remain in this vote. Mr. HOYER. Mr. Speaker, I thank visit with. So it is with great sadness, the gentlewoman for rising and for I think, that all New Mexicans feel his b 1230 yielding as well. I had not heard of passing away. And I think all Members So the resolution was agreed to. Joe’s passing. of Congress that have served here with The result of the vote was announced When I came to the Congress of the him know that he was of the old as above recorded. United States in 1981, my office was school. He cared very much about bi- A motion to reconsider was laid on two doors from Joe Skeen’s. As we all partisanship. He cared about this insti- the table. do, we had the opportunity to walk tution. He was somebody that, I think Stated against: down the fifth floor corridor of the many years hence, we will remember Mr. FILNER. Mr. Speaker, on rollcall No. Longworth building to vote and we him and regret his passing. 673, due to urgent constituent support commit- talk and get to know one another. And So I thank the gentlewoman for ments in my congressional district, I missed Suzanne, his chief of staff, and I be- yielding and look forward to partici- the vote. Had I been present, I would have came good friends, and Joe became an pating with her later in the day in the voted ‘‘no.’’ extraordinarily good friend. Joe special order. f chaired a subcommittee of the Com- Mrs. WILSON of New Mexico. Mr. mittee on Appropriations. Speaker, I thank my colleague from PERSONAL EXPLANATION Mr. Speaker, Joe Skeen was one of New Mexico for his comments. Again, Mr. LARSON of Connecticut. Mr. Speaker, I those Members who added greatly to there will be an opportunity for Mem- would like to submit this statement for the the comity of this body. He had deep bers to remember Joe and his contribu- RECORD and regret that I was unavoidably de- convictions, but he also had a deep re- tions to this House and to this Nation tained on Monday, December 8, 2003, during spect for those with whom he served. later on this afternoon. Joe Skeen will be missed by New Mex- rollcall vote Nos. 672 and 673 on H. Res. 493, f a resolution waiving a requirement of clause ico, by his family, but he will also be 6(a) of rule XIII with respect to consideration missed by this House and by the Amer- REMOVAL OF NAME OF MEMBER of certain resolutions reported from the Com- ican people. At a time when the rela- AS COSPONSOR OF H.R. 1078 mittee on Rules. Had I been present, I would tions between the parties is not what Mr. WELDON of Florida. Mr. Speak- have voted ‘‘nay’’ on rollcall vote No. 672 and really it ought to be in this House, and er, I ask unanimous consent to have ‘‘nay’’ on rollcall vote No. 673. perhaps in this country, Joe Skeen was my name removed as a cosponsor of one of those who demonstrated that f H.R. 1078. differences on policy did not need to be The SPEAKER pro tempore (Mr. PERSONAL EXPLANATION accompanied by enmity between the THORNBERRY). Is there objection to the Members of this House. He will be sore- Ms. EDDIE BERNICE JOHNSON of Texas. request of the gentleman from Florida? ly missed. And I thank the gentle- Mr. Speaker, earlier today I was unavoidably There was no objection. woman for giving me this opportunity detained and missed two recorded votes on to say how loved Joe Skeen was by all f the House floor. who knew him. I ask unanimous consent that my statement WAIVING POINTS OF ORDER Mr. DICKS. Mr. Speaker, will the appear in the RECORD that had I not been un- AGAINST CONFERENCE REPORT gentlewoman yield? avoidably detained earlier this morning, I ON H.R. 2673, CONSOLIDATED AP- Mrs. WILSON of New Mexico. I yield PROPRIATIONS ACT, 2004 would have voted ‘‘no’’ on rollcall vote No. 672 to the gentleman from Washington. (Previous Question) and ‘‘no’’ on rollcall vote Mr. DICKS. Mr. Speaker, I would just Mr. HASTINGS of Washington. Mr. No. 673 (Passage of Martial Law Rule). like to make a comment. I served with Speaker, by direction of the Com- f Joe Skeen on the Interior Sub- mittee on Rules, I call up House Reso- lution 473 and ask for its immediate MESSAGE FROM THE PRESIDENT committee of the Committee on Appro- priations. He was our chairman, did an consideration. A message in writing from the Presi- outstanding job. We worked together The Clerk read the resolution, as fol- dent of the United States was commu- on a very bipartisan basis. And even lows: nicated to the House by Mr. Williams, though he was struggling somewhat, he H. RES. 473 one of his secretaries. was there every day, worked hard, did Resolved, That upon adoption of this reso- lution it shall be in order to consider the f a great job on the Interior bill. Every member of the committee on both sides conference report to accompany the bill (H.R. 2673) making appropriations for Agri- HONORING CONGRESSMAN JOE of the aisle, all the staff, loved Joe SKEEN culture, Rural Development, Food and Drug Skeen because he was such a decent Administration, and Related Agencies for (Mrs. WILSON of New Mexico asked warm human being, and he will be the fiscal year ending September 30, 2004, and and was given permission to address missed. But his work will be remem- for other purposes. All points of order the House for 1 minute and to revise bered, and he did a lot of great things against the conference report and against its and extend her remarks.) for our country as chairman of the In- consideration are waived. The conference re- Mrs. WILSON of New Mexico. Mr. terior Subcommittee of the Committee port shall be considered as read. Speaker, it is my sad duty to inform on Appropriations. We will miss Joe The SPEAKER pro tempore. The gen- my colleagues and Members of this Skeen. tleman from Washington (Mr. House that last evening Congressman Mr. UDALL of New Mexico. Mr. HASTINGS) is recognized for 1 hour. Joe Skeen of New Mexico passed away Speaker, will the gentlewoman yield? Mr. HASTINGS of Washington. Mr. from complications associated with Mrs. WILSON of New Mexico. I yield Speaker, for the purpose of debate Parkinson’s disease. His funeral will be to the gentleman from New Mexico. only, I yield the customary 30 minutes held on Thursday, December 12, at 2 MR. UDALL of New Mexico. Mr. to the gentleman from Texas (Mr. p.m. in Roswell, New Mexico. I know Speaker, the tenor here of the Mem- FROST), pending which I yield myself

VerDate jul 14 2003 01:45 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00014 Fmt 0636 Sfmt 0634 E:\CR\FM\A08DE7.010 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12761 such time as I may consume. During truth is the Bush Presidency has seen er for America’s seniors than for people consideration of this resolution, all this Nation suffer through the longest in other countries. time yielded is for the purpose of de- job slump since the Great Depression, For some of the Bush administra- bate only. and the picture is still grim for mil- tion’s biggest corporate backers, Re- Mr. Speaker, House Resolution 473 is lions of Americans trying to find good publicans have dropped overtime pro- a rule waiving all points of order jobs to support their families. tection for workers, meaning that mil- against the conference report to ac- While the number of jobs in America lions of Americans will get paid less, company H.R. 2673, the Consolidated has shrunk by 2.4 million, the working- even as they are forced to work more. Appropriations Act, 2004, and against age population in America has grown And they are spending $13 million on its consideration. The rule provides by 4.5 million. As a result, America’s vouchers to subsidize private schools that the conference report shall be con- ‘‘jobs deficit’’ has shot up to 6.9 million for a few, taking desperately needed re- sidered as read. on the Republican watch. That has put sources from the public schools that The Consolidated Appropriations Act American workers in a huge hole and serve all American children. for fiscal year 2004 fully complies with left three unemployed workers for Despite all this, Mr. Speaker, there the fiscal parameters of the budget res- every one job that becomes available. are still many worthwhile parts to this olution and contains $328.1 billion in Despite these facts, Mr. Speaker, Re- massive spending bill. For instance, discretionary spending and $820 billion publican leaders are, once again, plan- Democrats and veterans groups have fi- in total spending including mandatory ning to adjourn for the holidays with- nally forced Republicans to increase funds. out extending unemployment insur- funding for veterans medical care that Mr. Speaker, the bill also includes an ance, just like they did last year. Mr. would still fall short of what they need. across-the-board reduction of .59 per- Speaker, there is no reason to treat the And to help communities protect chil- cent in all programs, projects and ac- American people with such callousness. dren against abduction, this bill in- tivities, except for Defense and Mili- It would be only fair to provide them cludes $24 million for the national tary Construction funds. with the help that they need before Amber Alert Program that I first in- The Committee on Appropriations is Congress goes home for the holidays. troduced earlier this year. It also in- to be commended for moving with dis- Even the gentleman from Florida (Mr. cludes vital resources to address impor- patch to make this conference report YOUNG), chairman of the Committee on tant transportation issues in north available so that the House can com- Appropriations, supports doing it, as he Texas. plete its work on funding measures be- said this morning in the Committee on So why can this Republican Congress fore the conclusion of the First Ses- Rules. After all, the Republican Con- not do just one more good deed before sion. Accordingly, Mr. Speaker I urge gress has already done huge favors for the holidays? Mr. Speaker, why not my colleagues to support both the rule their biggest supporters. Over the last help the 1.4 million workers who can- and the underlying conference report. 3 years, they have squandered trillions not find work, who have already ex- Mr. Speaker, I reserve the balance of of dollars on tax breaks for the hausted their extended benefits and my time. wealthiest few, driving the national have yet to find work? Mr. FROST. Mr. Speaker, I yield my- deficit above $500 billion on an annual Republican leaders may not care self such time as I may consume. basis and raising the debt tax on all about helping them, but that does not (Mr. FROST asked and was given per- Americans. And today, President Bush have to stop this Congress from doing mission to revise and extend his re- will sign the Republican ‘‘wither-on- the right thing. If Republican Members marks.) the-vine’’ Medicare bill. This mon- will join Democrats in opposing the Mr. FROST. Mr. Speaker, for months strosity spends billions to subsidize important parliamentary vote known the Republicans who control the Fed- HMOs and drug companies, but it actu- as the previous question, then we can eral Government have held hostage ally reduces seniors’ choices and it amend the rule and pass commonsense some of the foremost priorities of the makes it illegal for them to reduce the assistance for Americans still unable American people. Key national needs huge out-of-pocket cost that the Re- to find work in this jobless recovery. like education, veterans’ health care, publican bill does not cover. It will not Otherwise, while Republicans are en- law enforcement have all been rel- let retirees cover these drug costs with joying their vacations, hundreds of egated to the back burner while Repub- the employer-provided drug coverage thousands of jobless Americans will lican leaders fought amongst them- that they already have, even though spend the holidays preparing to lose selves over how best to privatize Medi- the Republican bill may only cover se- the unemployment insurance they need care and reward big drug companies. lected medicines, regardless of what to support their families. But today, my Republican friends un- their doctor says they need. And it will Mr. Speaker, I reserve the balance of doubtedly will come down to the floor not let seniors buy Medigap policies to my time. and proclaim that this giant $820 bil- cover their $3,600 in out-of-pocket ex- Mr. HASTINGS of Washington. Mr. lion spending bill finishes their work penses either. Speaker, I reserve my time. for the year. In response, millions of Mr. Speaker, that is an outrage, and Mr. FROST. Mr. Speaker, I yield 3 Americans still struggling through the it comes on top of a $12 billion slush minutes to the gentlewoman from the aftermath of the last Republican reces- fund for HMOs and $139 billion in wind- District of Columbia (Ms. NORTON). sion will respond ‘‘What about us?’’ fall profits for big drug companies. So Ms. NORTON. Mr. Speaker, I thank It is a fair question, Mr. Speaker. why, Mr. Speaker, will Republicans not the gentleman for yielding me time. What about the 2.4 million American spend just a tiny fraction of that to Mr. Speaker, this morning’s news jobs that have been lost since the Re- help Americans still suffering from the talks about the elections in Russia. At publican Party first took over the gov- latest Republican recession? Why will the same time it speaks about elec- ernment 3 years ago? What about the they not use their legislation on the tions, it talks about the steady erosion 90,000 Americans who will lose their floor today, an $820 billion collection of of democratic freedoms embodied in unemployment insurance eligibility several different spending bills, to pro- these elections, and it says there is just 3 days after Christmas or the 2.1 vide desperately-needed relief over the mounting national and international million unemployed workers who will holidays to Americans who still cannot criticism of those elections because of lose access to extended insurance over find a job? the denial of democracy as defined by the first 6 months of next year? free societies, which is because of the In my home State of Texas, over b 1245 heavy hand of the Putin majority. 130,000 people will lose unemployment After all, the omnibus spending bill We are blind if we do not see analo- insurance if this Republican Congress provides plenty of assistance to others. gous denials of democracy American- does not act to help them, according to For the big drug companies, Repub- style wrapped up in this omnibus bill. the Joint Economic Committee’s anal- lican leaders have dropped drug re- Is it democracy when, for the first ysis of the data from the Labor Depart- importation language passed by the time, we hold open votes unconscion- ment. Republican leaders often try to House and Senate, meaning that drug ably long, pressure Members, it has spin away statistics like this, but the prices will still be astronomically high- been alleged illegally, with threats or

VerDate jul 14 2003 01:45 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00015 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.032 H08PT1 H12762 CONGRESSIONAL RECORD — HOUSE December 8, 2003 bribes until you win what the vote Mr. Speaker, that is the highest per- clearly the American people are shows you had already lost? We have centage of long-term unemployment against, such as eliminating overtime done that at least a half a dozen times, since July of 1983, 20 years ago; and opportunities for working men and ranging from 25 minutes to 3 hours. there are about 4.2 million other work- women are sneaked into the appropria- Is it democracy when you reverse the ers who want a job, but are not even tions bill, and then where thousands of votes of the House, as we have done on counted among the unemployed. petitions from around the country were the overtime provision? The reality is this: if the President brought to this government about not Is it democracy when we have one- and Congressional Republicans refuse allowing large media conglomerates to party conferences, locking out the to extend Federal temporary unem- buy up stations to the disregard of the other party? ployment benefits, which are scheduled first amendment. And lo and behold, Is it democracy when there are in to be phased out beginning December there is a sneak provision in here that this bill, a major bill, provisions for 21, an estimated 80,000 to 90,000 jobless allows that to happen. which there have been no votes at all? workers who exhaust their State bene- Then, of course, there is a provision Like the D.C. voucher provision, there fits every week will be completely cut that affects many seniors who were im- was no vote in the Senate because they off. That is 80,000 to 90,000 people per plementing lower-cost drugs by drug had no votes. The ultimate abuse is week. reimportation. Clearly those drugs they removed the few routine account- That is not only callous; it is unnec- were safe, because seniors have been ability provisions that by voice vote essary. We have the funding to extend doing it for a very long time. That has did get in the bill for D.C. vouchers. these benefits. That is right, there is been sneaked into the bill, meaning One was that teachers have to have a $20 billion in the Federal fund dedi- that we have eliminated that oppor- college degree. cated to unemployment benefits, which tunity so that seniors can again suffer. Is it democracy when you lard the is financed by unemployment taxes de- They suffer first with a Medicare bill bill with Republican pork, defunding ducted from workers’ paychecks. that is going to implode and not be in the No Child Left Behind bill while Mr. Speaker, I know the President business until 2006 and cost thousands your own school districts are scream- and our Republican colleagues would of Texans to lose their benefits, and ing because they have had to cut their like nothing more than to pronounce they will suffer. own school funding? Then if we talk about international I must say, if we pass this bill, it will our economy healed and to unfurl the be an appropriate way to end this ses- banner reading ‘‘Mission Accom- efforts, I was in Ethiopia this past sion, because this entire session has plished,’’ but it is plain that millions of summer, and one of the things they been a monument, as this bill is, to the Americans continue to be hurt. The were begging for is, they appreciated denial of democracy. least we can do is reach out a helping the famine relief, but they wanted to In this session, Mr. Speaker, we have hand. be able to be taught to fish. If you crossed the line. We have crossed the Mr. Speaker, we did this last year, teach someone to fish they may not be line between the kind of and we left 800,000 people on December hungry tomorrow, but if you give them contentiousness that has gone on for 31, 2002, falling off the unemployment a fish today, they may be hungry to- 200 years in this House to one-party roles. With the money in the pot to morrow. It takes very low dollars for rule in the people’s House. The way to help them, why do we leave this day what we call food security, teaching begin to remedy this, and we must without addressing this problem? them agricultural skills and new tech- remedy this now, we must not carry There is no explanation, Mr. Speaker. I nology. this procedure, this way of conducting predict to you that the President will, Then, of course, I have been con- business, into the next year; the way to 2 weeks from now, say, oh, my good- cerned with the Columbia 7 tragedy, remedy this outrage is to vote against ness, we should have done that. that NASA focus its concepts on safe- this bill. Mr. FROST. Mr. Speaker, I yield 3 ty. In all of the NASA budget, I do not Mr. HASTINGS of Washington. Mr. minutes to the gentlewoman from know if there is a line item that boosts Speaker, I reserve my time. Texas (Ms. JACKSON-LEE). the resources for making sure that Mr. FROST. Mr. Speaker, I yield 3 Ms. JACKSON-LEE of Texas. Mr. NASA pays attention to safety issues. minutes to the gentleman from Mary- Speaker, I thank the distinguished We could have done this, Mr. Speak- land (Mr. HOYER). ranking member for yielding me time. er, if we had deliberated on this appro- Mr. HOYER. Mr. Speaker, I thank I wish that we would donate our time priations bill. If we did not have the the gentleman for yielding me time. and dedicate ourselves to the wishes of martial law, if we paid attention to the Mr. Speaker, today the leadership of the American people. rules of the House, we might be able to this House breathes life back into the Hubert Humphrey said that this Con- do this. But, unfortunately, it seems spirit of Ebeneezer Scrooge and for the stitution was organized to create a we cannot. second year in a row ignores the plight more perfect Union, and the challenge So I ask my colleagues to vote of America’s unemployed during the of creating a more perfect Union is a against this rule so we can get back to holiday season. The majority’s failure continued agitation and criticism, not work on behalf of the American people. to extend emergency unemployment because we are disloyal to this country Mr. Speaker, I rise today in opposition to the benefits for the long-term unemployed and to the American people, but be- rule on H.R. 2673, the Omnibus appropriations is not only unconscionable; it is cold- cause we care about a more perfect Conference report. While the Omnibus in- hearted. Union. cludes a significant amount for agriculture ap- In May, President Bush said, ‘‘My In the backdrop of a 4-hour vote be- propriations, the omnibus fails to include the economic plan is summed up in one fore we left for the Thanksgiving work House provisions to prohibit the FDA from word: jobs.’’ But the truth is, even recess, I come to the floor of the House spending funds to prevent individuals and after 4 straight months of anemic job now. We have an omnibus appropria- pharmacists from importing FDA-approved growth, President Bush is on course to tions bill that has barely been before prescription drugs. In addition, this portion of become the first President since Her- the Members of Congress for any kind the bill delays for two years the mandatory bert Hoover to preside over a net jobs of review. For 4 hours a vote was left country-of-origin labeling for all produce, meat loss during his 4-year term. open, in complete disregard for the or meat products except for farm-raised fish Yes, the economy added 57,000 jobs in rules of this House and what the Madi- and wild fish. November, but here is what they do not son Papers and our Founding Fathers In addition, the omnibus permanently limits say: the economy has to create 150,000 wanted to establish, a Republic and the ability of the FCC to grant licenses for a jobs a month just to keep pace with the also a democracy. commercial TV broadcast station if the grant- new folks coming into the employment Today we come with a martial law ing of that license would result in such party arena. Overall, there are 8.7 million un- that allows us on one day to just put having an aggregate national audience reach employed Americans today; and nearly on the floor of the House a huge and exceeding 39 percent (the House and Senate one-fourth of them, Mr. Speaker, some large and massive interpretation of the bills barred the FCC from increasing the share 2 million people, have been jobless for appropriations for 2004. And then we of the national market one broadcasting com- more than 26 weeks. have a situation where issues that pany can own, which currently is 35 percent.

VerDate jul 14 2003 03:10 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00016 Fmt 0636 Sfmt 9920 E:\CR\FM\K08DE7.035 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12763 The omnibus also includes provisions that pro- President of the United States from what this bill would do. In fact, the al hibit the implementation of a background stealing people’s time with their fami- Qaeda training manual cites the fact check system that does not include a require- lies by gutting overtime protection. that you can go in and buy a gun in the ment to destroy gun purchase records within Over 8 million Americans are going United States, and as long as you have 24 hours. to lose the right to overtime, and, not been a convicted felon in the past, I am rather disturbed Mr. Speaker, by the more importantly, lose the right to you can buy that and the records will portion appropriating $139.8 billion for the De- control their own time with their fami- be destroyed. And, in fact, as the Wash- partment of Labor, Health and Human Serv- lies if this rule passes. That is wrong. ington Post said in an article last ices, Education, and related agencies. While I It is a violation of the democratic spir- week, that is true, that if a person gets am pleased that there is money for Texas it for us to vote to stop the President hold of a gun, their records have to be Southern University, a predominantly black from taking family time away from destroyed as a result of this bill. If university in my district for their minority engi- their families, with people going into a they are denied, then the records can neering program within the college of Science dark room and stripping that protec- be pursued. But if they lawfully pur- and Technology, I was rather disturbed that tion out. It is wrong, and we should fix chased it, the records are destroyed, the Democratic members were shut out from it right here. which means that we are deliberately receiving individual earmarks for their districts b 1300 tying the hands of law enforcement because they voted against the bill when it agencies. came to the House floor. This not only goes But second is the unemployment. We Now, is it not appropriate that we be against fundamental fairness Mr. Speaker, but have heard that we have had some able to consult the list of violent gang when you penalize individual members by not modestly encouraging news, that there members and terrorists when they try giving them much needed money for their dis- has been some jobs created in the re- to buy a gun? Absolutely, is the an- tricts, you hurt their constituents. This is bad cent past, and that is great. But the swer. Yet, this bill says, within 24 for this institution, and bad for the country. fact of the matter is, there have been hours, even if it is a holiday, a week- The omnibus also falls $7.8 billion short of the 2.4 million jobs lost during this admin- end, even if it is in some rural area No Child Left Behind Authorization levels and istration’s tenure. And the way I figure where they do not have the resources provides $55.7 billion for the Education De- it, if we look at the jobs that have been to check what they need to be able to partment ($12.4 billion for the Title I program. created, we have only got about 2.3 check, it has to be destroyed within 24 The omnibus fails to include the House and million jobs to go to get our nose above hours. Senate adopted provisions to block the De- dead even. Mr. Speaker, we are going to look partment of Labor from issuing rules that Now, the majority’s approach to this back and find this provision as one of would take away the rights of some white-col- is we sort of have the U.S. economy the most dangerous that this House has lar workers to overtime pay. with 2.4 million jobs lost kind of down passed, and the most irresponsible and The omnibus also fails to include House in a deep well. The majority is starting irrational. We should not be doing this. provisions that would have limited the Admin- to look at that American worker down It was another one of these things istration’s ability to outsource some federal in that deep well, and we have winched snuck into the conference report. I jobs and includes only some limitations to pro- them up about 6 inches off the floor strongly urge Members, unless we can grams funded by the Transportation-Treasury and said, you are on your own now. We take this out, this bill should not be bill. have a long ways to go before we can supported in its present form. I urge members to vote against this rule. say that we are out of the woods eco- Mr. HASTINGS of Washington. Mr. Mr. FROST. Mr. Speaker, I yield 3 nomically. Speaker, I am pleased to yield 1 minute minutes to the gentleman from Wash- This bill does not cut the mustard. to the gentleman from Arizona (Mr. ington (Mr. INSLEE). This bill gives Scrooge a bad name. At FLAKE). (Mr. INSLEE asked and was given least he had an epiphany. Mr. FLAKE. Mr. Speaker, I thank permission to revise and extend his re- Mr. FROST. Mr. Speaker, I yield 3 the gentleman for yielding me this marks.) minutes to the gentleman from Vir- time. I rise in reluctant opposition to Mr. INSLEE. Mr. Speaker, last night ginia (Mr. MORAN). this rule and to this bill. while I was enjoying sumptuous airline Mr. MORAN of Virginia. Mr. Speak- We, in the House, have specific rules fare on the red-eye to come out here to er, I would like to bring the body’s at- against approving spending that is not vote on this, the lady sitting next to tention to another provision in this approved in either a House or Senate me was reading a book called ‘‘Nickel omnibus appropriations bill. I know version and then comes to the floor in and Dimed.’’ It is a book about people there are several that are objection- a bill like this, yet we routinely waive who are struggling; who are employed, able, and this one may not get any fur- the rules and waive all points of order but who are struggling to keep their ther discussion, but I think it merits against this kind of spending. This is souls and their families together in to- it. to our shame. I am ashamed that we day’s economically challenged times. There is a provision in this bill that are doing this today. This bill has And nobody, nobody who has read this says that all of the records of firearm about, at last count I believe about book would vote for this rule. purchases have to be destroyed within 7,000 earmarks within it for particular The reason is that we can quote all 24 hours. spending items. Under Republican con- the rosy statistics that we can, but the Now, we know that there have been trol, we have gone, I believe, in 1994 fact of the matter is if we leave this more than 3,500 firearms purchased by from about 2,000 earmarks per year to floor and go out to the food banks in people who should not have purchased over 10,000, and that is not the way our districts, in every district in Amer- them, and that the FBI has been able that we ought to conduct business. I ica, the food banks are jammed, the to retrieve those guns because the think that it is going to come back to lines are long, people are still having records are currently kept for 90 days. bite us. It well ought to. problems feeding their children. They retrieve them if the person that With that, I think that we ought to As I was talking to a business owner purchased it is a fugitive, is a felon, oppose this rule because it goes against the other day in Seattle, he says, I has a history of serious mental illness, procedures that we have established in hear these statistics, but I do not see is an illegal alien, any number of rea- the House, and we ought to vote the customers. The fact of the matter sons that they should not be pur- against the bill as well. is, we still have people in pain, and this chasing guns, lawfully, in the United Mr. FROST. Mr. Speaker, I yield 2 rule keeps them in that economically States. So 3,500 guns have been re- minutes to the gentleman from Mary- devastated condition. trieved because we have kept the land (Mr. CARDIN). There are two reasons it does this: records available for 90 days. Now, they Mr. CARDIN. Mr. Speaker, I thank one, it guts the effort we had on a bi- have to be destroyed within 24 hours. the gentleman from Texas for yielding partisan basis in the Senate and at Now, the National Rifle Association me this time. I would hope that we will least a little bit here on this floor thinks this is a good thing, but our law defeat the previous question so that we when, in a democratic process, we enforcement organizations do not. FBI can bring up the unemployment com- voted with the majority to stop the agents will tell us this is very serious, pensation extension.

VerDate jul 14 2003 03:10 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00017 Fmt 0636 Sfmt 0634 E:\CR\FM\A08DE7.013 H08PT1 H12764 CONGRESSIONAL RECORD — HOUSE December 8, 2003 Last year, Congress left town with- This commonsense legislation would Mr. KUCINICH. Mr. Speaker, I rise today to out extending unemployment benefits, continue the extended unemployment urge my colleagues to vote ‘‘no’’ on the pre- but at least we came back and did it benefits program through the first 6 vious question so that this Congress can ex- retroactively. months of next year. It would increase tend unemployment benefits to the millions of Now, some are saying that our unem- to 26 weeks the amounts of benefits Americans who cannot find work in an econ- ployment is not as bad or not bad provided under the program, up from 13 omy with almost three unemployed workers for enough for us to extend the Federal un- weeks. It would provide new help to the every job opening. employment benefits. They are saying 1.4 million workers who have already Because of previous inaction, it is now ‘‘zero it is time for the extended benefit pro- exhausted their extended benefits and hour’’ for American families who are set to ex- gram to end. have yet to find work. haust their State unemployment benefits. If we But let us look at the facts. Never be- Mr. Speaker, this legislation is iden- do not extend the Federal unemployment in- fore has Congress allowed the termi- tical to the text of H.R. 3244, the Ran- surance program today, roughly half a million nation of this program when the unem- gel-Cardin unemployment extension, people who would have been eligible for the ployment rate is higher than when the and it also contains the text of H.R. Federal extension program will not be receiv- program started; at least up until now. 3554 by the gentleman from Wash- ing a paycheck or an unemployment check in Congress has never terminated the pro- ington (Mr. MCDERMOTT) which would January. gram with the unemployment benefits fix a flaw in the current law that pre- These workers form the ranks of America’s when the economy still has 2.4 million vents those States with exceptionally 2 million long-term unemployed workers. They fewer jobs today than when the reces- high, long-term unemployment rates have been out of work for at least half a year sion began. Congress has never stopped from continuing to receive the help and they comprise almost a quarter of the un- the extension of the program where the their citizens need. employed, a larger share of those out of work long-term unemployment rates have Mr. Speaker, Americans still face a than at any time since July 1983. A recent tripled. Yet, there has been no offer to difficult jobs market. Since President survey by the National Employment Law give any help. Congress has never al- Bush took office, the economy has lost Project noted that over half of the long-term lowed the extended benefit program to 2.4 million jobs. That is the worst jobs unemployed had cut back on food purchases expire when the exhaustion rate for record for a President since Herbert for their families, borrowed money to pay regular unemployment benefits is the Hoover and the Great Depression. The basic bills, and postponed necessary medical highest since we have been keeping percentage of Americans exhausting treatment. these records. Yet, we are talking their unemployment benefits without We can held these families today. The eco- about leaving town without extending finding a job has reached its highest nomic situation in this country has simply not unemployment benefits. Congress has level on record. These Americans need improved enough to justify the end to the Fed- never refused to extend unemployment relief and they need it immediately. If eral unemployment extension program. Al- benefits when there is $20 billion in the we do not extend unemployment bene- ready, three of every four Federal unemploy- Federal Unemployment Trust Account, fits, then more than 2 million workers ment recipients exhaust their benefits without enough money to pay for extended ben- will lose benefits in the first 6 months finding a job. efits without going into debt, yet we of next year, including over 130,000 in We must not punish millions of American are talking about leaving town today my State of Texas alone. families simply for losing their jobs at the I want to stress that this vote is not without extending the Federal unem- wrong time of year, in the wrong month of the intended to stop the omnibus con- ployment benefits. Congressional calendar. Vote ‘‘no’’ on the pre- ference report from consideration in The Washington Post got it right vious question. the House. Voting ‘‘no’’ on the previous when it compared this to the last re- Ms. MILLENDER-MCDONALD. Mr. Speaker, question will still allow that bill to cession. It said, ‘‘But in 1993, employ- I rise to speak today to object to consideration move forward today. But a ‘‘no’’ vote ment had grown for 22 of the 23 pre- of the Omnibus Appropriations bill. I am spe- will allow the House to vote on legisla- vious months, and the overall number cifically concerned with provisions in this legis- tion to help provide some much-needed of jobs was above the prerecession lation that would result in the removal of over- relief to our Nation’s unemployed level. This time around, employment time pay protection for many American work- workers, particularly during this holi- ers. has grown for only 4 months in a row, day season. However, if Members vote A few months ago, this House voted to in- following 6 straight months of job ‘‘yes’’ on the previous question, they struct conferees to remove unfair provisions losses. Overall, the number of jobs is will kill any chance for extending un- on overtime pay. Despite the will of a majority down 2.4 million since the current employment assistance that is so des- of Members, those provisions still remain in downturn started in early 2001.’’ perately needed by millions of our con- Mr. Speaker, it would be wrong for us this bill. This does not reflect the true position stituents and their families. to leave town without helping those Let us be clear. This vote will give of the House of Representatives. people who do not have jobs through no the House the opportunity to vote Mr. Speaker, I am speaking on what has fault of their own. Unemployment com- today on extended Federal unemploy- been called ‘‘the Harkin amendment.’’ This pensation is not a luxury. We need to ment benefits and on giving relief to amendment to the FY2004 Labor-HHS appro- do it now. those hardest hit to the President’s priations bill would have prohibited the Depart- Mr. FROST. Mr. Speaker, I yield my- dismal economic record. I urge a ‘‘no’’ ment of Labor from issuing regulations that self such time as I may consume. vote on the previous question. would disqualify overtime protection to workers Mr. Speaker, this is probably the Mr. Speaker, I ask unanimous con- protected under current law. House’s final work day this year, but sent that the text of the amendment be The opponents of overtime pay protection Republican leaders are, once again, cal- printed in the RECORD immediately be- would require employees to work more than lously turning their backs on the mil- fore the vote on the previous question. 40 hours weekly without being paid time and lions of unemployed Americans whose The SPEAKER pro tempore. Is there a half for their work. The Department of Labor Federal unemployment insurance will objection to the request of the gen- claims that only 644,000 current workers will expire just days after Christmas. The tleman from Texas? lose overtime pay benefits under the provi- Republican leadership has found bil- There was no objection. sions of this legislation. lions of dollars to extend tax breaks for Mr. FROST. Mr. Speaker, I yield In sharp contrast, the Economic Policy Insti- corporations, but they keep refusing to back the balance of my time. tute reports that over eight million eligible help the jobless Americans who are Mr. HASTINGS of Washington. Mr. workers are earning overtime, and will be ad- still suffering from the last Republican Speaker, I yield myself such time as I versely affected by these regulations. This fig- recession. may consume. ure includes 5.5 million workers paid hourly To give Republicans one last chance This is a rule that provides for the and 2.5 million salaried employees. We all to do the right thing, I will oppose the consideration of the consolidated know that we live in a time of scarce re- previous question on this rule so that spending bill. It is something that we sources and few job opportunities. Therefore, we can immediately take up legislation must do in this Congress to fund the this drastic pay cut, especially during the holi- to extend the expiring Federal unem- government. That is what this rule is day season, is fundamentally unfair and wrong ployment benefits. all about. I urge support of that. for American workers.

VerDate jul 14 2003 04:12 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00018 Fmt 0636 Sfmt 9920 E:\CR\FM\K08DE7.041 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12765 Over 1.4 million Americans are also faced English Kline Rehberg Pallone Sanchez, Loretta Tauscher Everett Knollenberg Renzi Pascrell Sandlin Taylor (MS) with the expiration of their unemployment ben- Feeney Kolbe Reynolds Pastor Schakowsky Thompson (CA) efits at the end of this month. We cannot in Ferguson LaHood Rogers (AL) Payne Schiff Thompson (MS) good conscience go home to celebrate the Flake Latham Rogers (KY) Peterson (MN) Scott (GA) Tierney holidays with our families while unemployed Foley LaTourette Rogers (MI) Pomeroy Scott (VA) Towns Forbes Leach Rohrabacher Price (NC) Serrano Turner (TX) Americans face a grim future and a bleak holi- Fossella Lewis (CA) Ros-Lehtinen Rahall Sherman Udall (CO) day season. Franks (AZ) Lewis (KY) Royce Rangel Skelton Udall (NM) Mr. Speaker, I urge the Members of this Frelinghuysen Linder Ryan (WI) Reyes Slaughter Van Hollen body to take action today that will give hope Garrett (NJ) LoBiondo Ryun (KS) Rodriguez Smith (WA) Velazquez Gerlach Lucas (OK) Saxton Ross Snyder Visclosky to American workers, and protect the wages Gibbons Manzullo Schrock Rothman Solis Waters they earn and extend the benefits they de- Gilchrest McCotter Sensenbrenner Roybal-Allard Spratt Watson serve. Gillmor McCrery Sessions Ruppersberger Stark Watt Gingrey McHugh Shadegg Ryan (OH) Stenholm Weiner The amendment previously referred Sabo Strickland Woolsey Goode McInnis Shaw ROST Goodlatte McKeon Sanchez, Linda Stupak Wu to by Mr. F is as follows: Shays Goss Mica T. Tanner Wynn PREVIOUS QUESTION FOR H. RES. 473, RULE Sherwood Granger Miller (FL) FOR ONFERENCE EPORT ON G Shimkus C R H.R. 2673, A - Graves Miller (MI) NOT VOTING—31 Shuster RICULTURE/OMNIBUS APPROPRIATIONS FY04 Green (WI) Miller, Gary Burr Houghton Regula Simmons Greenwood Moran (KS) Burton (IN) Janklow At the end of the resolution add the fol- Simpson Rush Gutknecht Murphy Carson (OK) John lowing new section: Smith (MI) Sanders Harris Musgrave Conyers Kucinich SEC. 2. ‘‘Immediately after disposition of Smith (NJ) Sullivan Hart Myrick Cubin Lantos the conference report on H.R. 2673, it shall be Smith (TX) Sweeney Hastings (WA) Nethercutt Doggett Lynch Taylor (NC) in order without intervention of any point of Hayworth Neugebauer Souder Filner Meehan Waxman order to consider in the House the bill (H.R. Hefley Ney Stearns Fletcher Miller, George Wexler 3568) to provide extended unemployment ben- Hensarling Northup Tancredo Gallegly Nadler Young (AK) efits to displaced workers, and to make other Herger Norwood Tauzin Gephardt Pelosi Hobson Nunes Terry Hayes Portman improvements in the unemployment insur- Thomas ance system. The bill shall be considered as Hoekstra Nussle Hostettler Osborne Thornberry ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE read for amendment. The previous question Hulshof Ose Tiahrt The SPEAKER pro tempore (Mr. shall be considered as ordered on the bills to Hunter Otter Tiberi final passage without intervening motion ex- Hyde Oxley Toomey LATOURETTE) (during the vote). Mem- cept: 1) one hour of debate equally divided Isakson Paul Turner (OH) bers are advised there are 2 minutes re- and controlled by the Chairman and ranking Issa Pearce Upton maining in this vote. Minority Member of the Committee on the Istook Pence Vitter Walden (OR) Ways and Means; and 2) one motion to re- Jenkins Peterson (PA) Johnson (CT) Petri Walsh b 1334 commit with or without instructions. Johnson (IL) Pickering Wamp Mr. HASTINGS of Washington. Mr. Johnson, Sam Pitts Weldon (FL) Mr. WYNN changed his vote from Speaker, I yield back the balance of Jones (NC) Platts Weldon (PA) ‘‘yea’’ to ‘‘nay.’’ Keller Pombo Weller Mr. SAXTON changed his vote from my time, and I move the previous ques- Kelly Porter Whitfield tion on the resolution. Kennedy (MN) Pryce (OH) Wicker ‘‘nay’’ to ‘‘yea.’’ The SPEAKER pro tempore. The King (IA) Putnam Wilson (NM) So the previous question was ordered. King (NY) Quinn Wilson (SC) The result of the vote was announced question is on ordering the previous Kingston Radanovich Wolf question. Kirk Ramstad Young (FL) as above recorded. The question was taken; and the Stated for: Speaker pro tempore announced that NAYS—189 Mr. HAYES. Mr. Speaker, on rollcall No. the ayes appeared to have it. Abercrombie Deutsch Kilpatrick 674, I was unavoidably detained. Had I been Mr. FROST. Mr. Speaker, I object to Ackerman Dicks Kind present, I would have voted ‘‘yea.’’ Alexander Dingell Kleczka Mr. SWEENEY. Mr. Speaker, on rollcall No. the vote on the ground that a quorum Allen Dooley (CA) Lampson is not present and make the point of Andrews Doyle Langevin 674, I was unavoidably detained. Had I been order that a quorum is not present. Baca Edwards Larsen (WA) present, I would have voted ‘‘yea.’’ Baird Emanuel Larson (CT) Mr. PORTMAN. Mr. Speaker, on December The SPEAKER pro tempore. Evi- Baldwin Engel Lee dently a quorum is not present. Ballance Eshoo Levin 8, 2003, I was unavoidably detained at a The Sergeant at Arms will notify ab- Becerra Etheridge Lewis (GA) meeting and missed the vote on rollcall No. sent Members. Bell Evans Lipinski 674, Ordering Previous Question on H. Res. Berkley Farr Lofgren 473, the Rule to accompany H.R. 2673, the Pursuant to clause 9 of rule XX, the Berman Fattah Lowey Chair will reduce to 5 minutes the min- Berry Ford Lucas (KY) Fiscal Year 2004 Agriculture Appropriations imum time for electronic voting, if or- Bishop (GA) Frank (MA) Majette Act. Bishop (NY) Frost Maloney Had I been present, I would have voted dered, on the question of adoption of Blumenauer Gonzalez Markey the resolution. Boswell Gordon Marshall ‘‘yea.’’ The vote was taken by electronic de- Boucher Green (TX) Matheson Stated against: vice, and there were—yeas 214, nays Boyd Grijalva Matsui Mr. FILNER. Mr. Speaker, on rollcall No. Brady (PA) Gutierrez McCarthy (MO) 189, not voting 31, as follows: Brown (OH) Hall McCarthy (NY) 674, due to urgent constituent support commit- [Roll No. 674] Brown, Corrine Harman McCollum ments in my Congressional District, I missed Capps Hastings (FL) McDermott YEAS—214 the vote. Had I been present, I would have Capuano Hill McGovern voted ‘‘no.’’ Aderholt Bono Cole Cardin Hinchey McIntyre Akin Boozman Collins Cardoza Hinojosa McNulty The SPEAKER pro tempore (Mr. Bachus Bradley (NH) Cox Carson (IN) Hoeffel Meek (FL) LATOURETTE). The question is on the Baker Brady (TX) Crane Case Holden Meeks (NY) resolution. Ballenger Brown (SC) Crenshaw Clay Holt Menendez The question was taken; and the Barrett (SC) Brown-Waite, Culberson Clyburn Honda Michaud Bartlett (MD) Ginny Cunningham Cooper Hooley (OR) Millender- Speaker pro tempore announced that Barton (TX) Burgess Davis, Jo Ann Costello Hoyer McDonald the noes appeared to have it. Bass Burns Davis, Tom Cramer Inslee Miller (NC) RECORDED VOTE Beauprez Buyer Deal (GA) Crowley Israel Mollohan Bereuter Calvert DeLay Cummings Jackson (IL) Moore Mr. FROST. Mr. Speaker, I demand a Biggert Camp DeMint Davis (AL) Jackson-Lee Moran (VA) recorded vote. Bilirakis Cannon Diaz-Balart, L. Davis (CA) (TX) Murtha Bishop (UT) Cantor Diaz-Balart, M. Davis (FL) Jefferson Napolitano A recorded vote was ordered. Blackburn Capito Doolittle Davis (IL) Johnson, E. B. Neal (MA) The SPEAKER pro tempore. This Blunt Carter Dreier Davis (TN) Jones (OH) Oberstar will be a 5-minute vote. Boehlert Castle Duncan DeFazio Kanjorski Obey The vote was taken by electronic de- Boehner Chabot Dunn DeGette Kaptur Olver Bonilla Chocola Ehlers Delahunt Kennedy (RI) Ortiz vice, and there were—ayes 216, noes 189, Bonner Coble Emerson DeLauro Kildee Owens not voting 29, as follows:

VerDate jul 14 2003 03:16 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00019 Fmt 0636 Sfmt 0634 E:\CR\FM\A08DE7.074 H08PT1 H12766 CONGRESSIONAL RECORD — HOUSE December 8, 2003 [Roll No. 675] Gonzalez Majette Ruppersberger CONFERENCE REPORT ON H.R. 2673, Gordon Maloney Ryan (OH) AYES—216 Green (TX) Markey Sabo CONSOLIDATED APPROPRIA- Aderholt Goode Oxley Grijalva Marshall Sanchez, Linda TIONS ACT, 2004 Bachus Goodlatte Paul Gutierrez Matheson T. Mr. YOUNG of Florida. Mr. Speaker, Harman Matsui Sanchez, Loretta Baker Goss Pearce pursuant to House Resolution 473, I Ballenger Granger Pence Hastings (FL) McCarthy (MO) Sandlin Barrett (SC) Graves Peterson (PA) Hill McCarthy (NY) Schakowsky call up the conference report on the Hinchey McCollum Bartlett (MD) Green (WI) Petri Schiff bill (H.R. 2673) making appropriations Hinojosa McDermott Scott (GA) Barton (TX) Greenwood Pickering Hoeffel McGovern Scott (VA) for Agriculture, Rural Development, Bass Gutknecht Pitts Holden McIntyre Serrano Food and Drug Administration, and Beauprez Hall Platts Holt McNulty Sherman Bereuter Harris Pombo Related Agencies for the fiscal year Honda Meek (FL) Skelton Biggert Hart Porter ending September 30, 2004, and for Bilirakis Hastings (WA) Hooley (OR) Menendez Slaughter Portman Hoyer Michaud Smith (WA) other purposes, and ask for its imme- Bishop (UT) Hayes Pryce (OH) Blackburn Hayworth Inslee Millender- Snyder diate consideration. Putnam Israel McDonald Solis The Clerk read the title of the bill. Blunt Hefley Quinn Boehlert Hensarling Jackson (IL) Miller (NC) Spratt The SPEAKER pro tempore. Pursu- Radanovich Boehner Herger Jackson-Lee Mollohan Stark Ramstad ant to House Resolution 473, the con- Bonilla Hobson (TX) Moran (VA) Stenholm Regula ference report is considered read. Bonner Hoekstra Jefferson Murtha Strickland Rehberg Bono Hostettler Johnson, E. B. Napolitano Stupak (For conference report and state- Renzi Boozman Hulshof Jones (OH) Neal (MA) Tanner ment, see proceedings of the House of Bradley (NH) Hunter Reynolds Kanjorski Oberstar Tauscher November 25, 2003, Book II, at page H Rogers (AL) Kaptur Obey Taylor (MS) Brady (TX) Hyde 12323.) Brown (SC) Isakson Rogers (KY) Kennedy (RI) Olver Thompson (CA) Brown-Waite, Issa Rogers (MI) Kildee Ortiz Thompson (MS) The SPEAKER pro tempore. The gen- Ginny Istook Rohrabacher Kilpatrick Owens Tierney tleman from Florida (Mr. YOUNG) and Burgess Jenkins Ros-Lehtinen Kind Pallone Towns the gentleman from Wisconsin (Mr. Royce Kleczka Pascrell Turner (TX) Burns Johnson (CT) OBEY) each will control 30 minutes. Buyer Johnson (IL) Ryan (WI) Kucinich Pastor Udall (CO) Calvert Johnson, Sam Ryun (KS) Lampson Payne Udall (NM) The Chair recognizes the gentleman Camp Jones (NC) Saxton Langevin Peterson (MN) Van Hollen from Florida (Mr. YOUNG). Cannon Keller Schrock Larsen (WA) Pomeroy Velazquez Cantor Kelly Sensenbrenner Larson (CT) Price (NC) Visclosky b 1345 Capito Kennedy (MN) Sessions Lee Rahall Waters Mr. YOUNG of Florida. Mr. Speaker, Carter King (IA) Shadegg Levin Rangel Watson Castle King (NY) Shaw Lewis (GA) Reyes Watt I yield myself such time as I may con- Chabot Kingston Shays Lipinski Rodriguez Weiner sume. Chocola Kirk Sherwood Lofgren Ross Woolsey I call attention to the fact that this Coble Kline Shimkus Lowey Rothman Wu Lucas (KY) Roybal-Allard Wynn conference report was filed on Novem- Cole Knollenberg Shuster ber 25, nearly 2 weeks ago, so that Collins Kolbe Simmons NOT VOTING—29 Cox LaHood Simpson every Member has had 2 weeks, if they Crane Latham Smith (MI) Akin Gephardt Nadler wanted to, to review this bill to see Crenshaw LaTourette Smith (NJ) Burr Houghton Northup what was in it and to see what was not Burton (IN) Janklow Culberson Leach Smith (TX) Pelosi in it. Cunningham Lewis (CA) Souder Carson (OK) John Rush Cubin Lantos Something that I always enjoy re- Davis, Jo Ann Lewis (KY) Stearns Sanders Doggett Lynch Davis, Tom Linder Sullivan Taylor (NC) porting to the House and reminding the Feeney Meehan Deal (GA) LoBiondo Sweeney Waxman House of, and they probably get tired Filner Meeks (NY) DeLay Lucas (OK) Tancredo Wexler Fletcher Miller, George of hearing me say it, is that we passed DeMint Manzullo Tauzin Young (AK) Diaz-Balart, L. McCotter Gallegly Moore all of our bills in the House, all of our Terry Diaz-Balart, M. McCrery Thomas appropriation bills, before the August Doolittle McHugh ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Thornberry recess, except for two; and those last Dreier McInnis The SPEAKER pro tempore (during Tiahrt Duncan McKeon two we passed on September 9, the first Tiberi the vote). Members are advised there Dunn Mica week back after the August district Toomey are 2 minutes remaining in this vote. Ehlers Miller (FL) work period. So the House has done its Emerson Miller (MI) Turner (OH) Upton job. It has done a good job. What we English Miller, Gary b 1343 Everett Moran (KS) Vitter are doing here today is we are passing Ferguson Murphy Walden (OR) So the resolution was agreed to. an omnibus appropriation bill that in- Walsh Foley Musgrave The result of the vote was announced cludes seven bills that we have already Forbes Myrick Wamp Fossella Nethercutt Weldon (FL) as above recorded. passed in the House. I say that again: Franks (AZ) Neugebauer Weldon (PA) A motion to reconsider was laid on these seven bills that are in this pack- Frelinghuysen Ney Weller the table. age already passed the House once. So Garrett (NJ) Norwood Whitfield this is now the omnibus bill; this is the Gerlach Nunes Wicker Stated against: Gibbons Nussle Wilson (NM) Mr. FILNER. Mr. Speaker, on rollcall No. conference report on that omnibus bill. Gilchrest Osborne Wilson (SC) 675, due to urgent constituent support commit- I will not take a lot of time to say Gillmor Ose Wolf what the seven bills are that are in- Gingrey Otter Young (FL) ments in my congressional district, I missed the vote. Had I been present, I would have cluded because I think everyone knows NOES—189 voted ‘‘no.’’ what those final seven bills are. But I Abercrombie Brown (OH) DeFazio want to say that there are some impor- Ackerman Brown, Corrine DeGette f tant items that need to be passed now, Alexander Capps Delahunt today, and not in January or February. Allen Capuano DeLauro Because if we were to operate under a Andrews Cardin Deutsch GENERAL LEAVE Baca Cardoza Dicks continuing resolution until late Janu- Baird Carson (IN) Dingell Mr. YOUNG of Florida. Mr. Speaker, ary or sometime in February, there are Baldwin Case Dooley (CA) I ask unanimous consent that all Mem- some important funding issues that Ballance Clay Doyle bers may have 5 legislative days within Becerra Clyburn Edwards would not be resolved. Bell Conyers Emanuel which to revise and extend their re- For example, the $2.9 billion increase Berkley Cooper Engel marks on the conference agreement ac- in medical care for veterans is a very Berman Costello Eshoo companying H.R. 2673, and that I may important issue, and one that the Berry Cramer Etheridge Bishop (GA) Crowley Evans include tabular and extraneous mate- House agreed to strongly. That in- Bishop (NY) Cummings Farr rial. crease will not take any effect whatso- Blumenauer Davis (AL) Fattah The SPEAKER pro tempore. Is there ever until such time as this bill passes. Boswell Davis (CA) Flake objection to the request of the gen- A CR will not provide for that 2.9 addi- Boucher Davis (FL) Ford Boyd Davis (IL) Frank (MA) tleman from Florida? tional billions of dollars for veterans Brady (PA) Davis (TN) Frost There was no objection. health care.

VerDate jul 14 2003 03:16 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00020 Fmt 0636 Sfmt 0634 E:\CR\FM\A08DE7.015 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12767 The same factor applies for education Included in this bill are the following appro- Election Reform—Provides an additional $1 money. The same increase would not be priations bills: Agriculture; Commerce, Justice, billion for programs under the Help America available under a CR that is available State and Judiciary; District of Columbia; For- Vote Act. under this bill. eign Operations; Labor, Education and Health International HIV/AIDS Assistance—Pro- For the FBI, counterterrorism and and Human Services; Transportation and vides $2.4 billion in international assistance for embassy security and other security Treasury; and Veterans Affairs and Housing HIV/AID, TB and Malaria, the highest level in issues of these types, the increased and Urban Development. history. money that we made available for secu- So as you can see, this bill is a tremen- Millennium Challenge Account—Provides $1 rity in those areas would not be avail- dously important bill. I’m sure it will not please billion for the Millennium Challenge Corpora- able under a CR. And the list goes on. everyone in all respects but it does address tion. The list is lengthy. many important needs of this country. Highway Spending—Total highway spending So, Mr. Speaker, it is important that I believe we have done an extraordinary job amounts to $33.8 billion, an increase of $4.5 we pass this bill today, and I hope that in holding spending to appropriate levels—the billion over the President’s request and $6.1 we pass it with large numbers, large bill totals $328.1 billion in discretionary fund- billion over the FY03 guaranteed amount. enough so that our friends at the other ing. It is a fiscally responsible bill that com- Convention Security—$50 million is pro- end of the Capitol understand that we plies with the fiscal parameters prescribed by vided for security expenses at the national are serious about this government of the President limiting total discretionary spend- party conventions in Boston and New York ours functioning; that we are serious ing to $786 billion or approximately 3 percent City. increase over last year’s comparable levels. about the issues that we brought to the Embassy Security—$200 million is provided Additional spending has been offset by a $1.8 attention of the Congress and that we for worldwide embassy security upgrades. billion rescission from any unobligated bal- intend to see them implemented. FBI—$513 million in increases are provided ances in the Department of Defense, as well Now, Mr. Speaker, if there is any- for the FBI to fight terrorism. as from P.L. 107–38 and P.L. 107–117, the body who wants to find something at NIH—the bill continues our commitment to $40 billion post 9/11 supplemental, exempting fault, something to complain about in the NIH by providing an increase of $1 billion from cuts any relief funds for New York, this bill, they can do it, because there over last year. Washington, D.C. area, and rural Pennsyl- are seven bills. I am sure there will be National Service Corporation is funded at vania. It also includes an across the board re- something there each of us may not $584 million, $200 million above last year. duction of .59 percent to all programs, projects like. But I tell my colleagues that it is and activities exempting Defense and Military Faith- and Community-Based Initiatives are the best product that we could provide Construction funds. increased including the Compassion Capital for, considering the fact that we were I would like to highlight a few items that I Fund at $48 million and Mentoring Children of negotiating with Republicans and believe are of interest to many Members: Prisoners at $50 million. Democrats in the House, we were nego- Veterans Medical Care is increased by $2.9 Social Security—Provides a 6.1 percent in- tiating with the Senate Republicans billion over last year, the largest onetime in- crease to the Social Security Administration to and Democrats, we were negotiating crease ever. improve service delivery of Social Security with the leadership, and we were nego- D.C. School Choice—$40 million is provided benefits and accelerate the time it takes to tiating with the White House. I think to expand school choice in the District of Co- process disability claims. all in all we have come to a pretty good lumbia, including $13 million to improve public I believe we’ve have reached a point of no conclusion considering the fact that we education, $13 million to expand charter return—we must now pass this bill and turn were able to bring most of those issues schools, and $14 million to provide opportunity our attention to the FY 2005 budget process. together and to bring a bill that we be- scholarships for students in the District of Co- I encourage all Members to support this im- lieve we can pass with a great number lumbia. portant bill. today. Special Education Grants are funded at Mr. Speaker, I submit for the RECORD Mr. Speaker, I am pleased to bring to the $10.1 billion, $1.2 billion more than last year, detailed information on each of the ap- House the conference report on the Consoli- and over three times the amount provided in propriation bills in this omnibus legis- dated Appropriations bill for fiscal year 2004. 1995. lation.

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VerDate jul 14 2003 03:16 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00066 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.051 H08PT1 Insert graphic folio 284/45 EH08DE03.045 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12813 Mr. Speaker, I reserve the balance of marks, and include extraneous mate- This is a good Transportation and Treasury my time. rial.) bill, Mr. Speaker. Within very tight fiscal con- Mr. OBEY. Mr. Speaker, I yield 21⁄2 Mr. ISTOOK. Mr. Speaker, I thank straints, it strikes a good balance between the minutes to the distinguished gentle- the gentleman from Florida for yield- programs of those departments. It provides for woman from Connecticut (Ms. ing me this time, and I rise in support critical, core programs but trims back new ini- DELAURO). in particular of the section on trans- tiatives. Ms. DELAURO. Mr. Speaker, only a portation, treasury, and independent That portion of this conference report con- few weeks after Congress eliminated agencies, which is included as division tains $89.8 billion in budgetary resources. the guarantee of health care under F of this bill. This is the first time that That is just 3.7 percent above the level en- Medicare for every senior in America, this body packaged together this par- acted for fiscal year 2003. Non-defense dis- just in time for the holidays we are ticular grouping of agencies, including cretionary spending is below the President’s telling every working person in this transportation, the Treasury Depart- budget request and below the fiscal year 2003 country that another guarantee is also ment, the executive office of the Presi- level. a thing of the past: overtime pay. dent, and independent agencies, such as However, this part of the bill does establish The passage of the Fair Standards the General Services Administration priorities. In particular, the federal-aid high- Labor Act nearly 70 years ago safe- and the Office of Personnel Manage- ways program will receive a $2 billion in- guarded workers’ rights in this coun- ment. I am pleased to say that with the crease, going from $31.8 billion to $33.8 bil- try. It promised workers time and a help of my hardworking colleague, the lion. This addresses the most crucial transpor- half for the time they worked beyond gentleman from Massachusetts (Mr. tation issue in America. This will provide the 40-hour workweek: a little extra OLVER), and with good staff and with much-needed jobs around the country, and cash to put a roof over their families’ the good cooperation of the Senate, we assist in providing congestion relief on our heads, to buy groceries, and pay their have met the challenges of that par- overburdened highway system. In addition, the medical bills. On average, these extra ticular grouping. bill provides almost $350 million—9 percent— wages account for roughly 25 percent of This is a good effort, Mr. Speaker. more for IRS’s tax law enforcement program their total earnings. This portion of the conference report in the coming year. Given the budget prob- This bill, in clear defiance of the will contains $89.8 billion. That is just 3.7 lems facing the Nation, every additional tax of both Chambers of Congress, breaks percent above the level enacted for fis- dollar the IRS collects is critical. The return to that promise. This bill allows the De- cal year 2003. Nondefense discretionary the Treasury on this investment is enormous, partment of Labor to gut the Fair spending is below the President’s budg- so we have given it a top priority. Standards Labor Act, effectively re- et request and below the fiscal year Let me make special note of one of our pealing the 40-hour workweek and forc- 2003 level. most critical grant programs, the election re- ing 8 million Americans, including po- However, we are able to establish im- form grants authorized by the Help America lice officers, firefighters, construction portant priorities. In particular, Fed- Vote Act of 2002. These grants go out to all workers, nurses, and EMTs, to take a eral aid to highways will receive a $2 States, to help them meet Federal deadlines second job to make up for those lost billion increase. Even within the over- for upgrading voting machines. Given their earnings; this at a time when we al- all constraints, a $2 billion increase for budget situation, many States will have a dif- ready have millions of people out of highways, going from $31.8 billion to ficult if not impossible time meeting the dead- work, where income is declining, pov- $33.8 billion. That addresses the most line without Federal help. This bill provides erty is increasing, and health care critical transportation needs in the en- $1.5 billion for those grants, which is $1 billion costs are rising. tire country. It also provides much- above the House-passed level. The funding in This bill opens the door to manda- needed jobs and will assist in relieving this bill will bring total assistance for election tory overtime, allowing employers to congestion in the overburdened high- reform to $3 billion. force millions of workers to stay late way system. Other programs in the bill receive sufficient with little notice and without ade- In addition, it provides significantly funding to continue their operations throughout quately compensating them. It will more money for the IRS tax law en- the year, but they won’t have enough for frills. leave countless working women the forcement programs. The return to The IRS’s operating budget would rise by 3 worse off, spending less time with their Treasury on the investment in law en- percent. The FAA’s by 7 percent. The Execu- families as they put more of their hard- forcement is enormous; and we have tive Office of the President receives an in- earned wages to afford increased child given it, appropriately, a top priority. creases of only 1 percent. The essential air care and transportation costs. Other programs in the bill receive service program receives $102 million, which The Republican majority has moved sufficient funding to continue oper- will sustain their current operations. The Air- effectively to tear up our country’s ations but not enough for frills. port Improvement Program is at $3.4 billion, long-standing contract with the work- Mr. Speaker, this bill is very impor- which is also the FY 03 level. Amtrak, which ing people of this country, a contract tant for transportation in the country, requested $1.8 billion, will receive $1.225 bil- that says that hard work deserves to be whether we are talking about road, lion, essentially the same amount as in the rewarded, especially when that work is rail, mass transit, or any other system. current year. above and beyond the call of duty, I appreciate the effort to work together The bill has a number of important oversight after normal working hours. By ending cooperatively with both sides of the initiatives that I’d like to highlight as well. overtime pay, by denying a fair exten- aisle on that, and I ask that this bill be For Amtrak, the bill continues the strong sion of unemployment benefits, this approved. oversight provisions first included in last year’s bill embodies that assault on America’s Mr. Speaker, I rise to speak in support of appropriations bill. In addition, we have added working families. the Transportation, Treasury, and Independent a new provision authorizing the Surface Trans- Mr. Speaker, I urge my colleagues to Agencies Appropriations Act, 2004, which is portation Board to continue commuter rail stand up for those families today, to included as division F of this bill. This is the service if Amtrak ceases operations, and pro- make a difference in their lives, and first time this body has had to package to- viding $60 million to the Secretary for these say ‘‘no’’ to this bill and oppose it. gether the funding priorities of the Transpor- purposes. Mr. YOUNG of Florida. Mr. Speaker, tation Department, the Treasury Department, In FAA, the bill provides additional re- I yield myself 10 seconds to say that the Executive Office of the President, and sources for contract audits of major procure- this is an appropriation bill, and the independent agencies such as the Office of ments and fences the funds only for that pur- issues that the gentlewoman discussed Personnel Management and the General Serv- pose. According to the IG, FAA has been neg- are not within our jurisdiction and are ices Administration. Dealing with fundamental ligent in performing these valuable audits. not in this bill. financial and personnel policy issues while try- With major new acquisitions facing the agen- Mr. Speaker, I yield 2 minutes to the ing to provide for the Nation’s infrastructure cy, the bill requires FAA to do a better job at gentleman from Oklahoma (Mr. has proven to be a formidable challenge. But reviewing contractor proposals and bid prices ISTOOK), the distinguished chairman of I am proud to say that, with the help of my and gives them money for that purpose. the Subcommittee on Transportation. hard-working colleague from Massachusetts, In the Federal Transit Administration, the bill (Mr. ISTOOK asked and was given Mr. OLVER, and with the good cooperation of directs FTA to ensure that alternative modes permission to revise and extend his re- the Senate, we have met that challenge. or alignments are analyzed as part of the

VerDate jul 14 2003 03:16 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00067 Fmt 0636 Sfmt 9920 E:\CR\FM\K08DE7.052 H08PT1 H12814 CONGRESSIONAL RECORD — HOUSE December 8, 2003 planning process for new starts, and that they say that the chairman of our com- and then funding it, it would not be fully support the mode chosen by weighing all mittee is extraordinarily fair. I wish I there. viable alternatives and using quantitative could vote for this bill. I voted for I want to thank the chairman pro- measures, rather than pre-ordaining expensive many of the bills that are in here, as fusely, because I think he, as he knows, light-rail as their choice for transit. We need to the chairman knows. and I think the gentleman from Illinois make sure that, when the Federal Government But, Mr. Speaker, we have a very bad (Mr. HASTERT), our Speaker, has also is asked to pay 50 percent or more of the process that is going on here. We act in been very responsible for this bipar- money, local communities have done their the House, the Senate acts the same tisan accomplishment, and I thank the homework in studying alternatives that will way, and it goes to conference and gentleman for his support. It is an im- most effectively deal with the problems. magically it disappears, or it comes portant step. There are a lot of good In short, Mr. Speaker, this is a very good back here 180 degrees different. This is things in this bill, and I would like to compromise. It involved some give and take a corruption of the democratic process. support it. by both sides, but we were able to preserve It has ignored the will of the House and Mr. YOUNG of Florida. Mr. Speaker, the most critical aspects of the House-passed the Senate on outsourcing, Cuba trav- I yield 2 minutes to the gentleman bill. It deserves every Member’s support. el, drug reimportation, school vouchers from Texas (Mr. BONILLA), the chair- Mr. OBEY. Mr. Speaker, I yield 21⁄2 in the District of Columbia. Funding in man of the Subcommittee on Agri- minutes to the gentleman from Mary- the omnibus for the No Child Left Be- culture, Rural Development, Food and land (Mr. HOYER), the distinguished mi- hind is too low; funding for NIH rep- Drug Administration and Related nority whip. resents a real reduction. The congres- Agencies. Mr. HOYER. Mr. Speaker, I thank sional branch does not work, Mr. (Mr. BONILLA asked and was given the gentleman for yielding me this Speaker, for the executive. permission to revise and extend his re- time, and initially I would like to sub- I would urge the majority party, my marks.) mit for the RECORD at this point in friends on the other side, to let the ex- Mr. BONILLA. Mr. Speaker, I rise in time my remarks with reference to the ecutive department know that this is a strong support of the conference agree- Office of Federal Detention Trustee. democracy. It is not a kingdom; it is ment; and as we consider this bill, I Mr. Speaker, I thank the distinguished gen- not a dictatorship. And just because would like to take a minute to recog- tleman from Virginia, Mr. WOLF, the chairman the House passes something, the Sen- nize one of the star players behind the of the Commerce, Justice, State Appropria- ate passes something, and they do not scenes. tions Subcommittee, for the opportunity to dis- like it, that does not mean the Con- Lots of folks out there watch us on cuss the roles and authorities of the Federal gress of the United States ought to television and in committee hearings Detention Trustee. turn tail and run. Mr. Speaker, I would and markups and think that the Mem- It is my understanding that the language in hope that we would be able to resolve bers of the House are the ones that ac- the report addressing the building of detention some of these issues that the House tually do all the work, cross all the facilities by the Office of Federal Detention and the Senate have agreed upon. I T’s, dot all the I’s, and check all the Trustee clearly indicates that the Office does agree with the chairman, some of these legalese, and we do check all that; but not have the authority to solicit contracts to are authorizing matters; but both the people that do the work day in and build a new detention facility and directs the Houses agreed and the White House did day out are the great staff members of Office to withdraw any solicitation for such ac- not like it, so it was dropped. the committees and subcommittees. I tivities. The outsourcing is particularly, in am losing a key member of this team, While the language is report language and my opinion, egregious because we had a the clerk for my agriculture appropria- is not binding, I believe it is sufficient to pre- conference. The chairman, as always, tions subcommittee, and his name is vent the Office of Federal Detention Trustee was fair and open. Senator STEVENS Hank Moore. from going forward with its plans to solicit con- was fair and open. We had an agree- As many of my colleagues know, tracts to build a new detention facility. ment. That agreement was adopted in Hank has announced he will not be Chairman WOLF has committed to working an open conference, and lo and behold with us next year as we work our way with me to ensure that the Detention Trustees it has disappeared. It was totally through this process. He has decided abides by the clear intent of the Congress that changed. It has undermined the very after 30 years of working here for the contracting for a new facility is not an allow- protections for Federal employees we Federal Government that he would like able use of funds. wanted to build in the bill. to spend more time with his family and Mr. WOLF. Mr. Speaker, will the gen- Mr. Speaker, if the gentleman from is retiring. tleman yield? Florida (Mr. YOUNG) was in charge, and Mr. Speaker, most Americans prob- Mr. HOYER. I yield to the gentleman he is in charge of our committee, no ably do not realize, as I did not when I from Virginia. doubt about that; but if he made the first arrived in the House of Represent- Mr. WOLF. Mr. Speaker, I thank the final decisions, this would not have atives, that this bill is 1,200 pages long. gentleman for yielding to me, and I too happened, and I know that and I la- There are countless paragraphs, wish to submit a statement for the ment it. clauses, commas, sections, outlays, all RECORD regarding the Office of Federal Mr. YOUNG of Florida. Mr. Speaker, kinds of terms that are put in this bill; Detention Trustee. I yield myself such time as I may con- and it has to be done right year in and On discussion of the role of the Office of sume to advise the gentleman that I year out. And while many of us are Federal Detention Trustee at the Department am happy to report that one of the dealing with the substance of big issues of Justice, the statement of managers clearly major issues he was concerned about, as we develop these bills each year, indicates that the Office does not have the au- the election reform program and to good members of the staff, like Hank thority to solicit contracts to build a new deten- help the States, that money is in this Moore, are there on weekends, late at tion facility. I would also point out that the package. night making sure that all of the lan- committee revised the bill language to strike Mr. HOYER. Mr. Speaker, will the guage is exactly right every step of the any reference to construction. I am fully aware gentleman yield? way. that many States, including Maryland, Lou- Mr. YOUNG of Florida. I yield to the As I have worked with Hank, and I isiana, Ohio, and others have excess prison gentleman from Maryland. frequently use football terms on occa- bed space capacity. It was never the intention Mr. HOYER. Mr. Speaker, I thank sion, but I want him to know that I of the Congress to allow the Detention Trustee the gentleman for making that obser- have always been very grateful that to build additional facilities, but to take advan- vation. He is absolutely right. And I every time I turned around, the ball tage of existing State and local excess prison want to make the public aware of the was there. Every time. It made my job bed space. The committee will work with Mr. fact that we differ from time to time a lot easier, and it made the job of a lot HOYER of Maryland and other concerned on partisan issues, but if the chairman of folks that preceded me in the Com- Members in the coming year to address these of this committee, the gentleman from mittee on Appropriations a lot easier. I concerns. Florida (Mr. YOUNG), had not been such want to wish him well, and his family, Mr. HOYER. Mr. Speaker, reclaiming a tenacious supporter both of revising and let him know that we will miss my time, I rise again, as I always do, to and reforming our election apparatus him.

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Mr. Speaker, I am pleased to bring before ization, $522 million; Domestic Food Pro- California, Mr. FARR; and the gentleman from the House today the conference report on grams, $5.4 billion, including Child Nutrition Florida, Mr. BOYD. In particular, I want to thank H.R. 2673, providing appropriations for Agri- Programs, $837 million and Food Stamp Pro- the gentlewoman from Ohio, Ms. KAPTUR; the culture, Rural Development, the Food and gram, $3.6 billion in program expenses as well distinguished ranking member of the sub- Drug Administration and Related Agencies for as $1.0 billion in reserve to respond to eco- committee, for all her good work on this bill fiscal year 2004, and for other purposes. nomic conditions; Foreign Assistance and Re- this year and the years in the past. I want to acknowledge the good work of the lated Programs, including P.L. 480, $45 mil- Mr. Speaker, we have tried our best to put gentlewoman from Ohio, Ms. KAPTUR, my lion—excluding last year’s supplemental ap- together a good, solid bill that works for all ranking member, who has contributed greatly propriation; and Food and Drug Administra- America. Much of it is compromise, to be sure, to this process. It has been a pleasure work- tion, $12 million. but I believe it is a good compromise and ing with her and all the members of the sub- Mr. Speaker, we all refer to this bill as an good policy. committee on both sides of the aisle. agriculture bill, but it does far more than assist I believe we have produced a good bipar- basic agriculture. It also supports human nutri- In closing, I would like to thank the sub- tisan conference agreement that does a lot to tion, the environment, and food, drug, and committee staff for all their hard work: Hank advance important nutrition, research, and medical safety. This is a bill that will deliver Moore, the subcommittee clerk; Martin rural development programs and still meets benefits to every one of our citizens every Delgado; Maureen Holohan; Joanne Perdue; our conference allocations on discretionary day. I would say to all Members that they can Martha Foley of the staff of the gentleman and mandatory spending. support this conference agreement and tell all from Wisconsin, Mr. OBEY; and Walt Smith, My goal this year has been to produce a bi- of their constituents that they voted to improve from my personal office. Without their good partisan bill, and I believe we have done a their lives while maintaining fiscal responsi- work, we would not have a bill here today. good job in reaching that goal. bility. Mr. Speaker, I urge all my colleagues to This conference agreement does have sig- The conference agreement is a bipartisan support this conference agreement. nificant increases over fiscal year 2003 for product with a lot of hard work and input from Mr. Speaker, we have worked hard to bring programs that have always enjoyed strong bi- both sides of the aisle. I would like to thank a good conference agreement to the House. partisan support. Those increases include: the gentleman from Florida, Chairman YOUNG, We have made prudent recommendations for Agricultural Research Service, $54 million and the gentleman from Wisconsin, Mr. OBEY, the use of the budgetary allocation available to for Salaries and Expenses; Cooperative State who serve as the distinguished chairman and us, and we have done yeoman work in keep- Research, Education, and Extension Service, ranking member of the Committee on Appro- ing the bill free of contentious issues that have $2 million; Animal and Plant Health Inspection priations. I would also like to thank all my sub- caused concern in prior years. I think we have Service, $33 million; Food Safety and Inspec- committee colleagues: the gentleman from a very good conference agreement. In closing, tion Service, $30 million; Farm Service Agen- New York, Mr. WALSH; the gentleman from I would certainly hope that all Members would cy, $18 million; Federal Crop Insurance Cor- Georgia, Mr. KINGSTON; the gentleman from support this agreement. poration Fund, $482 million; Reimbursement Washington, Mr. NETHERCUTT; the gentleman for net realized losses of the Commodity Cred- from Iowa, Mr. LATHAM; gentlewoman from Mr. Speaker, I submit for the RECORD it Corporation, $990 million; Natural Resources Missouri, Mrs. EMERSON; the gentleman from detailed information regarding the Conservation Service, $12 million; Rural Co- Virginia, Mr. GOODE; the gentleman from Illi- Subcommittee on Agriculture, Rural operative Development Grants, $15 million; nois, Mr. LAHOOD; the gentlewoman from Con- Development, Food and Drug Adminis- Renewable Energy Program, $23 million; necticut, Ms. DELAURO; the gentleman from tration and Related Agencies included Broadband Telecommunications Loan Author- New York, Mr. HINCHEY; the gentleman from in this omnibus legislation.

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Mr. OBEY. Mr. Speaker, I yield 23⁄4 produce was added. I would like the makes that vision a reality. minutes to the gentlewoman from Ohio American people to know, if we look at The MCC is a key component of (Ms. KAPTUR), the ranking member of the over 600 people who just got sick in President Bush’s new compact for glob- the Subcommittee on Agriculture, Pittsburgh at Chi-Chi’s restaurants, al development, which links greater Rural Development, Food and Drug Ad- one of the ways we get at that problem contributions from developed nations ministration and Related Agencies. is by tough country of origin labeling to greater responsibility from devel- Ms. KAPTUR. Mr. Speaker, I thank on produce as well as on meat. Behind oping nations. the gentleman for yielding me this closed doors, our attempt to do that There are a number of important pro- time. was absolutely subverted. It is with grams and initiatives supported by this I also want to express my deep appre- great disappointment that I come to foreign operations conference report, ciation from the Democratic side of the the floor today and say this bill could too numerous to delineate in the time aisle for the over two decades of profes- have been a lot better than what is be- allotted to me. They include funds for sional and honest service that Hank fore Congress today. Israel, Egypt, Jordan, for the Andean Moore has devoted to the people of this Mr. YOUNG of Florida. Mr. Speaker, Counterdrug Initiative, Child Survival country. I thank him for his profes- I yield 3 minutes to the gentleman and Health Programs Fund, Develop- sionalism and courtesy throughout, from Arizona (Mr. KOLBE), the chair- ment Assistance, the Eastern Europe and wish him well in the months and man of the Subcommittee on Foreign and Baltic States, and the Independent years ahead. The Committee on Appro- Operations, Export Financing and Re- States of the Former Soviet Union. priations will always be his home, and lated Programs. There are a number of structural we hope he returns to see us. (Mr. KOLBE asked and was given per- changes and process improvements in I also dedicate my remarks today to mission to revise and extend his re- the bill. These changes support the role Mr. Joe Skeen, who passed this past marks.) of Congress in reviewing foreign assist- weekend in New Mexico, and to his Mr. KOLBE. Mr. Speaker, I am ance. There are a number of manage- wife, Mary, and family. It was a joy to pleased to present the conference re- ment improvements in agencies like work with him. He was a man who did port for the fiscal year 2004 Foreign Op- USAID which help ensure that tax- not lead by partisanship, but by a deep erations, Export Financing and Related payer dollars are well spent. concern for our country. Our Nation Programs bill which is incorporated as This conference agreement on foreign and its people are better for the years Division D in this Consolidated Appro- assistance presents a very good bill he devoted here. His perseverance, hon- priations Act. which is an important component of esty and intelligence have made their Mr. Speaker, the foreign operations this consolidated measure. It does not mark. He and his good sense of humor section significantly furthers our for- do everything that we have been asked will never be forgotten. eign policy objectives and U.S. stra- to do by the administration and others Mr. Speaker, as the ranking member tegic interests abroad. It is a bill that in Congress, but we have necessarily of the subcommittee, I would like to is innovative and provides increased re- made reductions and sought effi- discuss some issues regarding this con- sources to combat the pandemic of ciencies. It is a conference agreement ference report. In working with the HIV/AIDS. It also creates a new para- that all Members should support. gentleman from Texas (Mr. BONILLA), digm for foreign assistance, the Millen- Finally, I want to mention two mem- it was not easy to make some of the de- nium Challenge Corporation. bers of our staff who worked very hard cisions we were faced with. But first The conference report before the on this bill, along with our outstanding and foremost, I would like to focus on House provides $17.235 billion for for- committee staff. Rob Blair served on the fact that so many of the decisions, eign operations. This is $115 million the detail from the Department of unfortunately because of the time con- more the House bill which passed last State, and Sean Mulvaney of my staff straints, that relate to Agriculture and July, but nearly $1.2 billion below the took the lead in developing the Millen- the Food & Drug Administration hap- amount contained in the Senate-passed nium Challenge Corporation. pened behind closed doors and without bill. Therefore, with this tight alloca- Mr. Speaker, this is an important full sunlight. Therefore, it makes it tion, we have made some tough choices piece of legislation, and I urge its sup- very difficult to support this bill in its and set priorities. port. entirety. For HIV/AIDS, tuberculosis and ma- Mr. Speaker, I am pleased to present the In terms of the funding levels, the laria, this conference agreement pro- conference report for the Fiscal Year 2004 Agriculture division of this bill is $62 vides $2.4 billion. When combined with Foreign Operations, Export Financing and Re- million lower than both the House and the amounts in the Labor/HHS bill, lated Programs bill, which is incorporated as Senate bills. It is almost $1 billion that is $805 million more than fiscal Division D of this Consolidated Appropriations below last year’s bill, a reduction of al- year 2003, $362 million above the Presi- Act. most 5 percent, even though manda- dent’s request and $325 million more Mr. Speaker, the foreign operations section tory programs, which do not have the than the House-passed bill. significantly furthers our foreign policy objec- control of this committee exerted upon It provides $400 million to the Global tives and U.S. strategic interests abroad. It is them, have increased by 12 percent. Fund to fight AIDS, TB and malaria, a bill that is innovative and provides increased On conservation, such an important and includes language that gives other resources to combat the pandemic of HIV/ issue, as we increase in population and donors an incentive to contribute. This AIDS. It also creates a new paradigm for for- as resources become more dear, we find bill strongly supports our new AIDS eign assistance, the Millennium Challenge the conference report cuts $70 million coordinator, Ambassador Randy Corporation. more from Farm Bill conservation pro- Tobias, and provides for one additional The conference agreement before this grams for a total reduction of over $490 country outside Africa and the Carib- house provides $17.235 billion for Foreign Op- million. bean to be added to the HIV/AIDS Ini- erations. This is $115 million more than the Finally, I want to focus on rural tiative. House bill which passed last July, but $1.167 housing, also reduced, and I am deeply This agreement both creates and ap- billion below the amount contained in the Sen- concerned that our prescription drug propriates funds for the new Millen- ate passed bill. Within that tight allocation, we title to permit the importation of pre- nium Challenge Corporation. The con- have made some tough choices and set prior- scription drugs that are safe into our solidated appropriations bill provides ities. country was also dropped, even though $1 billion for this exciting, new and in- For HIV/AIDS, tuberculosis and malaria, this we asked that it be included, and the novative model to provide foreign as- conference agreement provides $2.4 billion. House so voted. sistance, one that seeks to give a boost When combined with the amounts in Labor/ I wanted to end by saying that be- to poor nations to enable them to HHS that is $805 million more than FY2003, hind closed doors, just a few weeks ago, break out of the cycle of poverty. Many $362 million above the President’s budget re- the country of origin labeling provi- have talked about the need to change quest, and $325.7 million more than the sions were eliminated from this bill, 2 the way U.S. foreign assistance is pro- House passed bill. That this bill provides $400 years past their scheduled implementa- vided. President Bush came forward million to the Global Fund to fight AIDS, TB

VerDate jul 14 2003 03:16 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00077 Fmt 0636 Sfmt 9920 E:\CR\FM\K08DE7.057 H08PT1 H12824 CONGRESSIONAL RECORD — HOUSE December 8, 2003 and malaria and includes language that gives demining, an increase of $49.1 million over (Mr. EMANUEL asked and was given other donors an incentive to contribute. This 2003. permission to revise and extend his re- bill strongly supports our new AIDS Coordi- The conference agreement provides marks.) nator, Ambassador Randy Tobias, and pro- $4.450.1 billion for Military Assistance pro- Mr. EMANUEL. Mr. Speaker, I rise in vides for one additional country outside Africa grams. This represents an increase of $221.3 opposition to this appropriations bill. and the Caribbean to be added to the HIV/ million above FY2003. We have provided While there are some positive steps AIDS Initiative. $2.160 billion in military assistance for Israel, taken in this bill in the area of trans- This agreement both creates and appro- $1.3 billion for Egypt and $206 million for Jor- portation and medical facilities, once priates funds for the new Millennium Chal- dan. We have fully funded the budget request again, the public trust is being turned lenge Corporation. The consolidated appro- for international military education and training over whole hog to special interests. priations bill provides $1 billion for this excit- at $91.7 million. Taxpayers are being asked to subsidize ing, new and innovative model to provide for- The conference agreement provides $1.713 important special interests, just like eign assistance—one that seeks to give a billion for multilateral economic assistance, an we did in the prescription drug bill and boost to enable them to break out of the cycle increase of $223.2 million above FY2003. In- as we did in the energy bill. Under of poverty. Many have talked about the need cluded in the agreement is $321.7 million for those pieces of legislation, taxpayers to change the way that U.S. foreign assistance international organizations and programs, and are being overcharged 40 percent by the is provided. President Bush came forward with $913.2 million for the international develop- pharmaceutical industry when we leadership and vision, and this bill makes that ment association. could have competitive pricing. And in vision a reality. Mr. Speaker, there are a number of struc- the energy bill, somewhere close to $20 The MCC—as it is known for short—is a tural changes and process improvements in billion, taxpayers are subsidizing the key component of President Bush’s ‘‘new the agreement. These changes support the energy industry, the most profitable compact for global development,’’ which links role of Congress in reviewing foreign assist- industry, and underwriting their busi- greater contributions from developed nations ance. There are a number of management im- ness mission. They want to drill for oil, to greater responsibility from developing na- provements in agencies like USAID, which they should do it without taxpayers tions. help ensure that taxpayers’ dollars are well subsidizing their activities. New resources will flow to those low-income spent. Today, this bill is cut from the same countries that possess a demonstrated com- We have endeavored to accommodate re- cloth as the prescription drug and the mitment to good governance, economic free- quests from colleagues, though, as always, we energy legislation. This measure con- dom, and investments in their own people. In have strived to keep foreign assistance free of tains $50 million to build an indoor eligible countries, the new MCC will target in- earmarks. However, I acknowledge that when rain forest, $725,000 for a ‘‘Please Touch vestments to overcome the greatest obstacles faced with a Senate bill that included over 200 Museum,’’ $90,000 for olive fruit fly re- to economic growth and reduce poverty. amendments, this task becomes increasingly search in Montpelier, France, $75,000 more challenging. The MCC departs from traditional foreign for a North Pole Transit System, all Mr. Speaker, this conference agreement on assistance and draws on lessons learned this while we refuse to increase college foreign assistance presents a very good bill. It about development over the past 50 years; assistance and Pell Grants for middle- First, that aid is more likely to result in suc- is a very important component of this overall consolidated measure. It does not do every- class families, while we refuse to in- cessful sustainable economic development in crease funding for the Leave No Child countries that are pursuing sound political, thing we have been asked by the administra- tion and others in the Congress. We have Behind in the area of education. economic and social policies; Sadly, for middle-class families and Second, that development plans supported necessarily made reductions and sought effi- taxpayers, the culture of dependency, by a broad range of stakeholders, and for ciencies. It is a conference agreement that I the culture of welfare has dominated which countries have primary responsibility, think all members of this body should support. these three bills, whether they be the engender country ownership and are more It represents a bipartisan bill that supports our prescription drug bill, the energy bill, likely to succeed; President and Nation. or this appropriation bill. We must end And, finally, that integrating oversight and Before closing, I would like to mention two welfare as we know it. The culture of evaluation into the design of activities boosts members of our staff who worked very hard dependency that has been dominated aid effectiveness. on this bill, along with our outstanding com- I wish to commend the leadership of Chair- mittee staff. Rob Blair served on detail from by corporate and special interests, and man HYDE and Mr. LANTOS and the House the Department of State and put in some out- have turned the government, whole International Relations Committee, and their standing work for us on the HIV/AIDS and cloth, into a subsidy and ATM machine Senate Foreign Relations Committee counter- global health issues. He left our subcommittee for the special interests. parts for their strong support for this initiative. as detailee only a few days ago and already Mr. Speaker, this is another missed There are a number of important programs he is sorely missed. And, I would be remiss if opportunity to end this new form of and initiatives supported by this foreign oper- I did not mention Sean Mulvaney of my staff welfare that is being abused in govern- ations conference report. Let me name just a who took the lead on the Millennium Chal- ment. For these reasons, I urge Mem- few: lenge Corporation, and authored the legisla- bers to vote against this appropriations The agreement includes $2.132 billion for tion in Title VI of this agreement. As he con- bill. the economic support fund. Included is $480 sistently demonstrates on such issues as Mr. YOUNG of Florida. Mr. Speaker, million for Israel, $575 million for Egypt, and trade and international economics, Sean I yield 3 minutes to the gentleman $250 million for Jordan. brings a personal commitment and intellectual from Ohio (Mr. REGULA), the chairman The agreement provides $241 million for rigor and honesty to his job. This overall of the Subcommittee on Labor, Health International Narcotics control and law en- agreement is a better product based on and Human Services, Education and forcement, and an additional $731 million for Sean’s professionalism and expertise. Related Agencies. the Andean Counterdrug Intitiative—$71 mil- I would, of course, also like to thank my (Mr. REGULA asked and was given lion more than the Senate bill. ranking member, Mrs. LOWEY; and the minority permission to revise and extend his re- The agreement provides $1.835 billion for staff, Mark Murray and Joe Weinstein; and our marks.) the Child Survival and Health Programs Fund, subcommittee’s staff, Charlie Flickner, Alice Mr. REGULA. Mr. Speaker, I strong- and $1.385 billion for Development Assist- Hogans, Scott Gudes and Lori Maes. ly urge Members to support this bill, ance. Mr. Speaker, in closing this is an important but I just want to address a few of the The conference report includes $445 million piece of legislation, with many priority initia- highlights in the Labor, HHS, and Edu- for assistance to Eastern Europe and the Bal- tives of the President and the Congress. I cation portions. tic States, and $587 million for assistance for hope that our colleagues in the other body will One, the Department of Education the Independent States of the Former Soviet not delay further the delivery of these impor- gets an increase of 4.8 percent which is Union. This is one area where reductions have tant programs, such as the effort to save the above the overall rate of inflation, and, been made as this agreement provides $245 lives of those infected with HIV and AIDS. I think, recognizes the importance of million less for these nations than the FY2003 I urge adoption of the conference report. education. Special education has an ad- bill. Mr. OBEY. Mr. Speaker, I yield 2 ditional $200 million over the House- The conference agreement provides $353.5 minutes to the gentleman from Illinois passed number, for a total increase of million for nonproliferation, anti-terrorism and (Mr. EMANUEL). $1.2 billion over last year.

VerDate jul 14 2003 03:16 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00078 Fmt 0636 Sfmt 0634 E:\CR\FM\A08DE7.021 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12825 Reading programs have been in- past 8 years. Discretionary appropriations for We continue our commitment to biomedical creased in the overall bill, as has im- the U.S. Department of Education have research to provide the breakthroughs nec- proving teacher quality, which I think climbed from $23 billion in FY1996 to $55.7 essary to improve the quality of care we can is extremely important. We have a billion in this bill. This is an increase of 141 give our citizens and provide answers to fami- number of programs in here that are percent. The problem in American education is lies who are desperate for help. The con- important from the standpoint of im- not lack of spending. It is lack of accountability ference agreement provides over a 3 percent proving teacher quality, including in- for results. With the help of the reforms put in increase for the National Institutes of Health. creasing the number of math and place by the No Child Left Behind Act, being This year’s increase follows the successful science teachers. Pell Grants are main- implemented by good teachers and principals campaign to double funding for NIH—in the tained at the highest level ever. Impact and caring parents all across this country, we previous 5 years, the NIH appropriation Aid is $48 million over last year. After- are changing things for the better. jumped from $13.6 billion to almost $27 billion. school programs are $400 million over I will give a few examples of how this bill I am confident that the roadmap for future NIH the President’s request because we rec- takes a focused approach to improving edu- investments developed by the new director of ognize the importance of these pro- cation for our Nation’s children. First, funding NIH will mold and discipline this investment to grams to young people. TRIO and Gear- for Special Education for disabled children is ultimately make possible better health care for Up are increased, Head Start is in- increased by $1.2 billion in this bill, bringing our communities. creased $148 million over last year, and total funding to $10 billion. Meeting our Fed- The conference agreement includes $100 we maintained comprehensive school eral commitment in this program has been a million to fund a new substance abuse treat- reform. That is particularly important priority for the Congress for the past 8 years, ment voucher program, Access to Recovery, in addressing the dropout rate. and this bill continues that progress. which will open new pathways to people who Second, Title I, which helps children from Community health centers are ex- need treatment for addiction. By investing in low-income homes achieve academic success, panded. I think most of us know from is increased by nearly $700 million to a total this new initiative, Congress is giving hope to experience that these are an important of $12.35 billion. Coupled with the new ac- those who are lost in the cycle of addiction. part of a community’s health program, countability standards in No Child Left Behind, This program will increase treatment capacity to have funding for these health cen- Title I has the potential to change ‘‘business and access to providers by giving vouchers to ters, and we provide funds to expand as usual’’ at our public schools. those most in need. them. Third, reading programs, which use sound In the area of faith-based programming, the National Institutes of Health, we scientific evidence to help children learn to conference agreement provides a 30 percent give them an increase of more than 7 read effectively, are funded at over $1 billion, increase over last year. Increasing the capac- percent if we take into account one- representing a tripling of these funds in just 3 ity of small faith-based groups to provide out- time costs in fiscal year 2003. The same years. These programs are important because reach and services to our communities means is true for a number of activities, such we know that many children are placed in spe- that more people in need will be served. Pro- as international HIV, infectious dis- cial education simply because they have not grams in this bill with a faith component pro- ease, homeland security biodefense. In been taught to read properly. By investing in vide a wide-range of services including men- addition, LIHEAP is fund at $1.9 bil- sound reading programs, we can ensure that toring, substance abuse treatment, refugee lion. every child gets the help to excel in reading at services, child abuse prevention, and many I am particularly pleased that in the a young age. others. Labor Department, we are supporting TCHR QUALITY—COMPREHENSIVE SCHOOL REFORM To provide services to families and individ- job training programs. The worker There are many other good education pro- uals who care for their elderly loved ones, training programs are extremely im- grams funded in this bill. We have increased $160 million is provided for the Family Care- portant, particularly as people shift to funding for training teachers, especially math giver Program within the Administration on new types of employment. As the over- and science teachers, so that our future work- Aging. This program provides information, as- all job economy changes in our society, force can compete in the high-tech, global sistance, counseling, respite and supplemental it is important that we have a place marketplace. We have included funds for after services to the millions of caregivers who are that people can go and know that there school and mentoring activities. We have in- the most important long-term care resource in is hope for getting a new job or getting creased funding for student aid programs and the country. This support allows our Nation’s a better job or getting an opportunity. other higher education programs to help all elderly to remain at home for as long as pos- I am glad we were able to do that in students have a chance to realize the dream sible. this bill. of graduating from college. Seventy-one edu- For the Low Income Home Energy Assist- Overall, I think the Labor-HHS por- cation programs have been increased above ance Program, the agreement provides $1.9 tion of the bill is very responsive to the last year’s level in this bill. At the same time, billion. Within those funds, the conferees have needs of our people. It is less than 4 other programs have been cut or eliminated included $100 million to meet the additional percent overall, which is lower than from the budget entirely because they have home energy assistance needs arising from a the rate of inflation. It is about 3.4 per- not proven their results or because they dupli- natural disaster or other emergency. cent over last year. cate other programs. While much more could be said about how Mr. Speaker, given the fact that Our conference bill also invests in important this bill will benefit the American people, I will these programs are very important to health service and research programs. Com- stop here and simply say, it is a responsible people, touch the lives of 280 million munity health centers, which are the backbone bill, crafted during tight budget times, that tries Americans in one way or another, the of medical care in many communities, receive to direct resources to programs that work for subcommittee and the conference com- an increase of $120 million, which puts our ef- people most in need. I want to thank Chair- mittee tried to address these chal- forts ahead of the benchmark anticipated in man YOUNG for his assistance in forging this lenges in the most effective way pos- the President’s 5-year expansion plan. Main- agreement. We had some tough issues to re- sible. I urge support of the bill. taining the congressional commitment to sup- solve with the other body. Of the nearly 600 Mr. Speaker, Division E of this conference porting the important care provided by our pe- programs and activities funded in the bill, 61 agreement provides funding for a broad range diatric hospitals, the conference agreement percent of them were at different levels be- of programs and activities affecting the lives of provides a $13 million increase for the grad- tween the two bodies. On top of that, several nearly every American. It provides help to uate medical education program for children’s difficult policy items had to be resolved. workers looking for retraining or enhancing hospitals. To ensure that we have enough I also say to my friend, Mr. OBEY, this year their job skills, assistance for teachers working health care providers for these community has been difficult for both of us. I respect your hard to educate our children, support for fami- clinics and hospitals, we have preserved the deep commitment to the programs in this bill lies in need of health services, and funding for health professions and nurse training pro- and understand the reason for your opposi- scientists seeking to understand and cure dis- grams in the face of drastic reductions pro- tion. I trust that in the future, we can again be ease. The agreement totals $139 billion in dis- posed by the administration. partners. cretionary spending, an increase of less than I’m pleased to report that we were able to Mr. OBEY. Mr. Speaker, I yield my- 4 percent over 2003. provide more than a 30 percent increase for self 12 minutes. In the area of education, I want to begin by the abstinence education program, which I Mr. Speaker, this bill is a pitiful laying out a few basic facts. Federal funds for know many of our Members believe is very Christmas tree with such a bad smell education have more than doubled over the important to strengthen their communities. that it smells more like a garbage

VerDate jul 14 2003 03:16 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00079 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.060 H08PT1 H12826 CONGRESSIONAL RECORD — HOUSE December 8, 2003 truck than something appropriate to million below the Senate-passed bill. It cation or health care or environmental Christmas. It spectacularly insults the on substance short-sheets and short- protection or you name it. I think that judgment of both the House and the changes some of the most basic obliga- fundamentally corrupts the appropria- Senate on a number of items. tions of government. Yet this con- tions process, I think it makes us all Both Houses of the Congress voted to ference finds room for over 7,000 indi- simply ATM machines rather than pol- provide overtime protections for work- vidual Member pieces of pork which icymakers, and I think it does no cred- ers because the administration is try- cost the taxpayers over $7.5 billion. it whatsoever to the Congress as an in- ing to take those protections away In 1995, the last year that I chaired stitution. from 8 million workers. the Committee on Appropriations, the I want to point out, in a troubled House provided virtually no earmarks b 1415 agency like NASA, in 1995 there were in the Labor-Health-Education bill. two special earmarks that were pro- This bill, without one minute of com- There are well over 1,200 of those spe- vided. Today there are 104. Over the ment in the conference committee, ar- cial earmarks this year. past few years since 1998, $1.7 billion bitrarily at the instruction of the Re- In the VA–HUD bill, we have a $1.1 has been diverted from regular NASA publican leadership rips out those pro- billion plug for projects. $1.1 billion is appropriations, a very troubled agency tections. being spent for earmarked projects. with serious safety problems; $1.7 bil- Both Houses voted on a bipartisan One-quarter of the amount that is re- lion has been diverted from those reg- basis to cap the number of television served for the House goes to three ular programs to industrial parks or stations that could be owned by media Members, one from New York, one museums or other local projects. conglomerates around the country. In from West Virginia, one from Alaska. In the Commerce-Justice bill in 1995, the Senate, that amendment was of- If you take a look at the way these there were 45 projects costing the tax- fered by a Republican, Senator STE- projects are distributed, if we distrib- payer $104 million. Last year, Mr. VENS, and in the House it was offered uted the earmarks evenly with every Speaker, there were 996, costing the by me. The House and Senate adopted Member getting an equal amount in taxpayer over $1 billion. There has both of them. Despite that fact, again, the Labor-Health-Education bill, for been a 4,200 percent increase in ear- without a moment’s discussion in the instance, there would be about $2 mil- marks for the Justice Department over conference committee, at the instruc- lion per constituent provided for each that same period of time. tion of the leadership, this conference Member’s district. But it is not pro- So, Mr. Speaker, I am going to urge committee has ripped out the judgment vided equally. that we vote ‘‘no’’ on this bill. This bill of both Houses on that score; and they So if you are from Indiana, if we sim- is a gratuitous insult to every worker have come back with a nice cozy in- ply went by basic formulas, Indiana who is entitled to overtime pay. It is sider arrangement that protects all of would get about $18 million in special an outrageous neglect of the workers the major media giants from having to earmarks, but it does not. In this bill, who ought to see their elected rep- do anything inconvenient. So much for Indiana taxpayers get about 62 cents resentatives pushing for expanded un- pluralism and democracy. per capita by way of special earmarks. employment compensation for the This House voted to instruct the con- If you represent Oregon, you bring long-term unemployed. This bill falls ferees to allow for drug reimportation. home to your constituents in this bill seriously short of the funding that this This conference committee has about 64 cents per capita in earmarks. Congress itself promised in the Repub- stripped that out. This House earlier North Carolina, you bring home about lican budget resolution just 5 months reached a compromise in the DOD bill 85 cents per capita in earmarks. Cali- ago for education. It falls far short of and in Interior on outsourcing. This fornia, about a dollar. But in that same where we need to be in the area of conference again arbitrarily changes Labor-Health bill, if you are from Alas- health care. It falls half a billion dol- that bipartisan agreement. ka, you bring home $47 per person. And lars short of where we ought to be in Fifthly, there are incredible numbers then if you look at what else Alaska providing aid to our local and State of American workers who have been gets, they get $123 per person in the levels of government for law enforce- unemployed for an extended period of VA–HUD bill, they get $192 per person ment assistance. And I think the way time, and yet this Congress refuses to, in the Transportation bill, and they get in which the earmarking process has in this same omnibus bill, extend long- $220 per person from the Commerce- gradually moved from something which term coverage for the unemployed. Justice bill. That means that special was a tolerable and understandable ef- This Congress ought to be ashamed of grants to Alaska wind up totaling $638 fort on the part of the Congress to shift itself on that score. per person in comparison to the table a small number of financing decisions This bill gratuitously amends and scraps that I just explained for States to Congress into a decision-making guts a key provision of the Clean Air like Indiana, Michigan, North Carolina, process in which the total dominant Act. California and the like. consideration is simply congressional And then on funding levels, this bill Mr. Speaker, the appropriations proc- pork rather than substance in pro- on education falls $7 billion below the ess used to be the main task of govern- grams. I think when we do that, we amount promised under the No Child ment. The main task of the Congress fundamentally erode the confidence Left Behind Act. It falls $350 million each year was to pass the 13 appropria- that each individual Member has in below the Republican-passed House tion bills which funded all of the finan- this institution, and I think we erode budget resolution in the funding level cial activities of government. The ap- the confidence that every taxpayer has it provides for title I, which is the propriation bills used to provide an op- in this institution. I regret that. main education program that helps dis- portunity for a debate on priorities. In- This bill is a spectacular example of advantaged children to try to improve stead, what has happened is that the legislation and political pressure run their academic performance. And it number of earmarks, the number of amuck, and I would urge a ‘‘no’’ vote falls $1 billion below the amount that pieces of pork have become so numer- on the legislation. was promised in the House budget reso- ous that Members of Congress have Mr. Speaker, I reserve the balance of lution for helping to educate handi- changed their focus and today instead my time. capped children. of asking ‘‘Where’s the beef?’’ in terms Mr. YOUNG of Florida. Mr. Speaker, In the National Institutes of Health, of funding levels for education or for I yield 3 minutes to the distinguished the committee pretends that it is health care or for science, instead they gentleman from New Jersey (Mr. above the bill that left the House; but are asking, ‘‘Where’s the pork and how FRELINGHUYSEN), chairman of the Sub- by the time you take into account the much did I get?’’ committee on the District of Columbia. across-the-board cut that is required in And what has happened is that these (Mr. FRELINGHUYSEN asked and the bill and other financial trans- projects are now being used to entice was given permission to revise and ex- actions, this bill is in reality $118 mil- Members into only asking one ques- tend his remarks.) lion below the President for the Na- tion: How much did I get in pork? Mr. FRELINGHUYSEN. I thank the tional Institutes of Health, $145 million Rather than what were we able to do to gentleman from Florida for yielding below the House-passed bill, and $182 improve the program funding for edu- me this time.

VerDate jul 14 2003 03:16 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00080 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.061 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12827 Mr. Speaker, the consolidated appro- gentleman from Ohio (Mr. BOEHNER), country that have problems, and there priations conference report before us chairman of the Committee on Edu- are a lot of them, there is none that this afternoon also contains the fiscal cation and the Workforce. have bigger problems than the schools year 2004 District of Columbia appro- Mr. BOEHNER. Mr. Speaker, let me right here in the District of Columbia. priations bill. This portion of the con- thank my colleague and the chairman The children here deserve as good a ference report totals $8 billion, includ- of the Committee on Appropriations shot at an education as the children in ing $545 million for Federal payments for yielding me the time and congratu- our own districts. And for those chil- to various District programs and late him and all of his committee dren who are trapped in very bad projects, $1.8 billion in Federal grants members on a job well done. We can schools, we believe they ought to have to District agencies, and $5.7 billion in look at a lot of the things that we do some choice. They ought to have a local funds for operating expenses and around here as though it were a half a chance to go to a real school and get a capital outlays of the District govern- glass of water. We just heard a descrip- real education. And the $13 million ment. tion of the bill from our colleague and that is in this bill will help about 1,700 There is much to be proud of in this friend from Wisconsin describing the students here in the District of Colum- bill. I believe it reflects Congress’ com- glass half empty. I would suggest to all bia be able to choose a school of their mitment to helping our Nation’s cap- of you that we should really look at choice, and I do believe this is good for ital. This is where we all work and this bill today before us as a glass that those children, and it will be good for where many of us live. Of the $545 mil- is half full. The committee, under very the DC schools because when we bring lion in Federal payments to various difficult circumstances, had a lot of de- competition into where children can programs and projects, 68 percent of cisions to make; and I think they have actually go to school, we have seen the these funds, or $368 million, is for fund- made them very well. public schools do improve. And I want ing of the D.C. courts, public defender In the area of education, an area that to thank the gentleman from New Jer- services, and the court services and of- I am very interested in as the chair- sey (Mr. FRELINGHUYSEN) and the gen- tleman from Virginia (Mr. TOM DAVIS), fender supervision agency. These are man of the Committee on Education and certainly, again, I want to thank District functions which we took over and the Workforce, when we passed the the gentleman from Florida (Mr. as a Federal responsibility in 1997. No Child Left Behind Act in a broad bi- YOUNG) and his cardinals and the mem- The remaining 32 percent, or $177 partisan way, our commitment was to bers of his committee for a job well million, are for programs and projects adequately fund the reforms in edu- that directly benefit the District. done. cation. There was never any discussion Mr. OBEY. Mr. Speaker, I yield my- These include the very popular tuition about fully funding to the authorized assistance program for District col- self 5 minutes. levels. The commitment was to ade- Mr. Speaker, once again we have lege-bound students, $17 million; $11 quately fund our efforts to renew million to reimburse the District for heard the gentleman in the well, on be- American education. added emergency planning and security half of the Republican Party, try to costs related to the presence of the b 1430 make the case that somehow the Re- Federal Government in the District; In this bill we continue that effort. publican Party was responsible for the $40 million for a three-prong school In the area of Title I, we increase Title education budget increases of the last 2 years. For the Republicans to take choice program, promises we delivered I spending by $700 million to $12.4 bil- credit for increases in education spend- upon; $42 million for capital develop- lion annually. This is more in the last ing over the last 8 years, Mr. Speaker, ment projects in the District; $5 mil- 2 years than we saw in 8 years under is like Saddam Hussein taking credit lion for the Anacostia waterfront; $4.5 former President Clinton in terms of for providing the Third Infantry Divi- million for public school facility im- increases to Title I. We should be very sion safe passage to Baghdad. provements; and $14 million to improve proud of that commitment. foster care in the District. These are The fact is that the majority party Another major area of our concern in leadership fought every step of the way all initiatives we can be proud of as we education comes to children with spe- vote in favor of this bill this afternoon. to prevent us from being able to even- cial needs, the Individuals With Dis- tually add the $19 billion in education I ask that Members support the overall abilities Education Act, where we at- omnibus. funding that we provided, because of tempt to fund a portion of the cost for Democratic pressure over the past 8 In particular, I want to highlight the funding those students that have special needs level for school choice. years, $19 billion above the amount in our local schools. Congress has been that the Republicans tried to put in When the District of Columbia appropria- involved in this since 1975, and from tions bill was on the House floor back in Sep- their own education bill when those 1975 to 1995, as this chart will show, we bills were before the House. tember, there was much criticism that the bill move spending from zero to about just was walking away from the District’s request The Republican Party leadership a little over $3 billion. And since 1995, fought us every step of the way. That of additional funding for public schools and we are not only just shy of $10 billion, public charter schools. increase in $19 billion happened over but in this conference agreement the While that was true at the time due to the their dead bodies, politically speaking, number is now $10.1 billion; $10.1 bil- fiscal constraints of the bill, I stated then and and in spite of every trick that their at every opportunity after that it was not my in- lion, over a 300 percent increase since leadership could concoct to stop it tention that that be the case when we come 1995. That is something that I think from happening. They refused to give out of conference with the Senate. I fully sup- this Congress ought to be very proud the subcommittees an allocation that ported the Mayor’s approach and worked with of. would allow meaningful increases. Let me make one other point about Chairman YOUNG towards a conference alloca- They broke every arm on their side of tion that was sufficient to address all three the bill we have before us. And the gen- the aisle to force people to vote for sectors of education in the city. The con- tleman from New Jersey (Mr. FRELING- lower funding levels when the bills ference agreement reflects this commitment HUYSEN) who just spoke, who chairs the went to the floor. When that technique and provides $13 million for each of the three District of Columbia Subcommittee of failed, they refused to allow the bills to sectors of education the District leaders re- the Committee on Appropriations, and be considered on the floor. When that quested—scholarships, public schools, and that is the effort to help children in did not work, and when they finally charter schools. We need to provide parents the District of Columbia who are stuck had to go to conference, and often they greater choices for parents and their children. in very bad schools, and the gentleman had the conference legislation that had In summary, the fiscal year 2004 District of from New Jersey (Mr. FRELINGHUYSEN) never even been considered in the Columbia Appropriations division is fiscally re- and the gentleman from Virginia (Mr. House because of the inadequacy of sponsible and balanced and deserves bipar- TOM DAVIS) and I worked diligently their allocation, they then blocked the tisan support. over the course of this year to help the conferees from reaching agreement be- I thank Chairman YOUNG for his leadership Mayor and the School Board who re- tween the two Houses because the through a difficult conference. quested our help in helping children funding levels for education would be Mr. YOUNG of Florida. Mr. Speaker, that were stuck in failing schools. Of too high in their judgment. They re- I yield 3 minutes to the distinguished all the big urban systems around the lented only at the very last minute

VerDate jul 14 2003 03:16 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00081 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.063 H08PT1 H12828 CONGRESSIONAL RECORD — HOUSE December 8, 2003 when conceding on education funding many disagreements, but we work to- cant and important, and we have the that increases that we were asking for gether for what we think is the best in- Committee on Appropriations, the was the only way to end the session terest of country and the institution of chairman, to thank for that. and get the Congress out of town. the House and the Committee on Ap- And as far as the projects and ear- On one occasion they even agreed to propriations. His staff and our staff marks are concerned, they cannot on allow a funding level for education to worked together extremely well. Jim the one hand decry the fact that they be reported out of the conference and Dyer, as our clerk and chief of staff, are not getting projects and earmarks then decided they could not tolerate and Scott Lilly on the gentleman from and on the other hand argue that this such a high level of support and forced Wisconsin’s (Mr. OBEY) side worked to- bill is full of projects and earmarks and the bill back into conference to strip gether very well, and we have a lot of urge people to oppose the bill because out increases in education funding. For staff and they do work together very it has earmarks. There is a funda- the Republican Party members of this well. We try to deal with our dif- mental difference in how we approach House to claim that somehow they ferences in a very respectful manner, earmarks that has been going on for were responsible for those education and I think that the actions over the the last few years. We learned early on budget increases, makes Pinocchio years have proved that. So I wish all of in the majority, when we had a Demo- look like Honest Abe by comparison. our colleagues a very Merry Christmas. cratic President, that the Congress, The credibility gap that we have on the Mr. Speaker, I reserve the balance of being the third branch of government, Republican side of the aisle has grown my time, and I hope that the gen- had the right to direct spending to our faster than Pinocchio’s nose. So I just tleman from Wisconsin (Mr. OBEY) districts, rather than wait on some bu- want to suggest, Mr. Speaker, that it is would conclude, yield back his time, reaucrat to decide whether it was a crocodile tears to hear the Republicans and then we will close. useful project or not. The same is going profess that they really are friends of Mr. OBEY. Mr. Speaker, the gen- on now. This Congress can state, education. tleman has one remaining speaker? through earmarks, the importance of I also would like to point out one Mr. YOUNG of Florida. Mr. Speaker, spending in certain parts of the coun- other thing, a newspaper ad which ap- the majority leader, and I will close. try and in our districts. peared in the Washington Post today. Mr. OBEY. Mr. Speaker, I am waiting I will give the Members a perfect ex- It reads ‘‘The most outrageous Christ- until the gentleman has one speaker. ample in this bill. There is money that mas list in America.’’ It says ‘‘It’s He does not have the right to two clos- goes to M.D. Anderson Hospital in called the omnibus. No, it’s not Santa’s ing speeches. I have got the right to Houston, Texas. Some may call that sleigh, but it is laden with presents. have the second to the last speech. pork, but I will tell the Members what, It’s coming to Washington D.C. this Mr. YOUNG of Florida. Mr. Speaker, the thousands of people that are rely- week. And you better believe the Bush I reserve the balance of my time. ing on M.D. Anderson to cure them of Administration’s best friends have Mr. OBEY. Mr. Speaker, I understand their cancer do not think of that ear- front row seats. the gentleman indicates he has two re- mark as pork. They think it is real, it ‘‘Having failed to pass seven of the maining speakers; so I reserve the bal- is important, it is important for their Federal Government’s 13 budget bills, ance of my time. health, and it is important for their the White House and Republican con- Mr. YOUNG of Florida. Mr. Speaker, family and the length of time that they gressional leaders have rolled them all to accommodate the gentleman from may be on this earth. It is not pork. It is an earmark. And they do not have to into one massive package dubbed ‘the Wisconsin (Mr. OBEY), I yield such time wait around for some bureaucrat to omnibus.’ as he may consume to the gentleman ‘‘So who does President Bush think is from Texas (Mr. DELAY), the distin- wait around and decide whether it is naughty and nice? Apparently no one is guished majority leader. important or not. It is in the bill. The Congress is stating that that money more deserving than Rupert Murdoch Mr. DELAY. Mr. Speaker, I thank the should go to M.D. Anderson as a vital and his fellow network moguls. Despite gentleman for yielding me this time. expenditure of taxpayers’ money. the wishes of Congress and the vast The conference report before us, one There are all kinds of stories like that majority of Americans, the President of the last bills that the House will all over this country. And many Mem- insists the omnibus include a relax- pass before we recess for the year, in bers have stood up for the good spend- ation of media antitrust rules. Now, my opinion, is a fitting end to the leg- ing that they think is important in the biggest networks will be able to ac- islative session. This omnibus rep- their districts. So I am not ashamed of quire more of the hugely profitable resents the values of discipline, innova- the fact that there are earmarks in local stations they desire. tion, and conviction we all treasure, this bill. ‘‘American workers, on the other values also embodied in the man that we have most to thank for it, and that Secondly, the real opposition is com- hand, must have been very naughty. ing because there is not enough spend- is the gentleman from Florida (Chair- The omnibus bill eliminates extended ing, and I say to my colleagues if they man YOUNG) of the Committee on Ap- unemployment benefits for millions of want to show real fiscal restraint, we propriations. jobless. And 8 million workers who cur- are doing it here in this bill, and we are When we pass this bill this afternoon, rently have Federal overtime protec- doing it within the budget that we we will have funded vital priorities, tion lose their right to extra pay for passed this year. This bill is within the made difficult and important choices, those extra hours.’’ budget we passed. Actually, the Medi- and reaffirmed our commitment to fis- That is the problem with this bill, care bill, the $400 billion prescription cal discipline. For a year that began Mr. Speaker, and I urge a ‘‘no’’ vote. drug benefit, is within the budget that with a struggling economy and press- Mr. Speaker, I reserve the balance of we passed. And it was an agreement be- ing needs at home and abroad, that we my time. tween the House and the Senate and have held the growth of discretionary Mr. YOUNG of Florida. Mr. Speaker, the White House to hold the line on spending to 3 percent is a titanic I have only myself left for a brief state- spending, and we have done it. Yet op- ment and the majority leader will close achievement in fiscal restraint. position is decrying the fact that we I know there has been a lot written, for our side. are not spending enough. And if they most of it false, about the spending Mr. OBEY. Mr. Speaker, if the gen- were in charge, they would be spending tleman has two remaining speakers, I habits of this body. But we have to much more than what we are spending would ask him to use one of them now, look at what is going on here. Yes, in this omnibus bill. So I am not and then I will close. spending has been out of control for a ashamed of the spending. I think the Mr. YOUNG of Florida. Mr. Speaker, while, but we started ratcheting it priorities were set and set well, and I I yield myself 1 minute. down and we have ratcheted down, give credit to the appropriators and the I extend best holiday greetings and a ratcheted down to where spending for hard work that they have done. Merry Christmas to the gentleman 2004 will have an increase of only 3 per- from Wisconsin (Mr. OBEY) and to say cent. That is the lowest increase in b 1445 what a pleasure it is to work with him. spending in the 9 years we have been in But this bill is a success for this He is an honorable opponent. We have the majority. I think that is signifi- House and the American people, not

VerDate jul 14 2003 03:16 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00082 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.066 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12829 only for the money it does not spend, sadly seen since the beginning of Janu- expect to get their projects,’’ said Rep. Ralph but the money it does spend. Included ary. Regula, R–Ohio, a senior member of the in all the pages of numbers and dollar With respect to the gentleman’s com- House who chairs the Labor-HHS Appropria- tions Subcommittee. signs, there are real programs that will ments about this Congress being a par- Coming from regula—who for 40 years has benefit real people. agon of fiscal responsibility and virtue, served with distinction from the Ohio Gen- First and foremost, the omnibus in- I simply want to announce that I am eral Assembly to the U.S. House and enjoys cludes funding for a school choice ini- perfectly willing right here and now to a reputation as a fair and decent legislator— tiative in Washington, D.C. Thanks to give the majority leader the Pulitzer that was a stunning remark. For it bespeaks this program, 1,700 low-income children Prize for fiction, because this is the a vindictive attitude, prevalent now in the will be given a chance finally to attend same Congress and this is the same House in both parties, that poisons the di- minishing fount of civility in an institution schools that their parents choose, just White House that has shown so much at its best when each party respects the oth- like children in higher tax brackets al- fiscal responsibility that in 3 short er’s right to act in principled opposition— ways have. District children who have years they have taken us from a $230 without fear of petty retribution—on the today been held captive by failed billion surplus to a record $375 billion- issues of the times. schools and bureaucrats will be given a plus deficit. That is some fiscal respon- Beyond that, this brand of political black- chance to obtain the freedom, hope, sibility. I think Mr. Webster would mail is misguided. It is the scattershot tac- tic of ruthless partisans lashing out in fury and opportunity that a good education weep if we asked him to put that defi- to inflict damage on critics who have every provides all of us. nition in the dictionary. right—if not the duty to their constituents’ This bill also helps America’s vet- I want to say one more time, Mr. interests—to express their criticism of pol- erans to the tune of $2.9 billion in a Speaker, with all of the gifts that are icy choices. And who exactly is being pun- funding increase in veterans medical given in the energy bill to the special ished? Certainly not the members who dared benefits over last year. I thank the ap- interests, with all of the gifts that are oppose the legislation on policy grounds. The given in this bill to many special inter- real victims are the folks back home, Repub- propriators for working with the vet- licans as well as Democrats and independ- erans community to meet this very ests throughout the land, with all of ents, taxpayers all, who stand to benefit fundamental obligation. the gifts that were given to special in- from the earmarked projects. I also want to thank negotiators for terests in the tax bill, it seems to me In Racine, Wis., for example, citizens will acknowledging and maintaining Amer- that we could at least provide some ad- go without a $400,000 water-treatment proc- ica’s national commitment to defend ditional benefits to the long-term un- ess to screen out a dangerous pathogen, the dignity of human life with the in- employed. But, no, no, no, that does cryptosporidium, which causes serious and even lethal intestinal disease. Rep. Paul clusion of the amendment of the gen- not fit in the Christmas plans for the Ryan, R–Wisc., the project’s sponsor, had tleman from Florida (Mr. WELDON) ban- Scrooges who are running the other voted against the FY04 VA–HUD bill because ning the patenting of human orga- party on the other side of the aisle. it cut spending for veterans below the nisms. The motto for this Congress when it amount provided in the Republicans’ budget Mr. Speaker, this bill is full of simi- comes to working people ought to be resolution. lar provisions, sound, disciplined poli- ‘‘Bah, humbug,’’ because that is what Then there’s the case of Rep. Maurice Hin- cies, funded at responsible, reasonable the record looks like. chey, D–N.Y., a member of the Appropria- tions Committee, who in last year’s Labor- levels. It is a spending bill worthy of Mr. Speaker, I ask for a ‘‘no’’ vote. HHS spending bill managed to secure funding the national challenges it meets, and I Mr. Speaker, I include for the RECORD the for four projects—two for hospitals, two for urge all Members to support its pas- following article from the December 8 edition universities—worth a total of $1.3 billion. sage today. of the National Journal’s Congress Daily AM This year he voted against both the Labor- Mr. OBEY. Mr. Speaker, I yield my- bulletin, which comments on the choice of the HHS and VA–HUD bills, on policy grounds, when they reached the House floor. He paid self 31⁄3 minutes. Appropriation process by the majority party. Mr. Speaker, I simply want to say [From the Congress Daily AM, Dec. 8, 2003] a stiff price for his opposition votes. Only one project, $150,000 in the Labor-HHS bill to that I agree very much with the re- THE TRIUMPH OF PETTINESS expand an emergency room in Newburgh’s marks of the distinguished majority (By David Hess) St. Luke’s Hospital, made the cut. Hinchey leader that this legislation is a fitting The partisan bitterness that has suffused is not even certain it would have survived, close to this session, because this con- Congress over the past decade has reached a had New York’s senators not supported the gressional session has been marked new level. Democrats have long grumbled project. from start to finish with an iron-hard about power-mad Republicans who will stoop The lame excuse is often made that the ex- igencies of party discipline require stern determination to do what was nec- to anything to exert their will. Republicans grouse about fault-finding, obstructionist measures to whip the members into line. But essary to deliver the most to those who Democrats and speak of getting even for what about the power of good policy ideas have the most in this society. long-ago Democratic abuses. But up to this and moral suasion to convince, rather than We started with tax cuts which point, in the rough and tumble of parliamen- bludgeon, balky members who harbor reason- aimed a huge percentage of the bene- tary skirmishing, both sides have largely re- able doubts about the impact of pending leg- fits to those who are most well-off in frained from sweeping, systematic legisla- islation on their districts? Or the effect on our society, giving huge benefits to the tive blackmail. principled advocates, liberal and conserv- Now the wraps are off even that. Furious ative alike, who oppose on deeply felt philo- most well-off 1 percent who earn more sophical grounds the options dictated by than $330,000 a year. Yet this same Con- about opposition to key spending bills, Re- publican leaders have dropped the hammer party leaders? Are the leaders so hell-bent on gress denied tax cuts to persons whose on hometown projects—known as ‘‘ear- winning they must resort to strong-arm tac- income is so limited that they had to marks’’—sponsored mostly by Democrats but tics, rather than persuasion and the often- small compromises that win over reluctant apply for the Earned Income Tax Cred- also by some Republicans who have balked it. They were not allowed to come to members? at runaway spending in some of the bills. In reflecting on the head-bashing partisan- The first round of earmark trashing came the table to get their share of the tax ship so manifest in Congress, this writer in a big bill funding the Labor Department cut. wonders what his later mother—a stalwart, This is the same Congress which, and HHS; that legislation contains about lifelong Republican—would have thought even as it walks out the door, having $180 million for local projects. The second about such behavior by the leaders of her came when the GOP leadership wreaked party. The GOP embodied the values she held provided in the energy bill fiscal health vengeance on 100 members of both parties to companies like Hooters, this is the dear: individualism, self-dependence, fiscal who voted last summer against the VA–HUD integrity, personal enterprise, fair play and same Congress that now says, ‘‘Oh, but, spending bill; approximately $750 million in charity for the worthy. She would have given by the way, no, we will not provide a earmarks are in that legislation. After some short shrift to the small-minded, mean-spir- last-minute bit of help to workers who finagling, House Labor-HHS Appropriations ited, punitive and divisive tactics this sort of have been out of work for an extended Subcommittee ranking member David Obey, blackmail entails. period of time.’’ They refuse to allow D–Wis., managed to restore about $20 million Mr. OBEY. Mr. Speaker, I have no States to provide additional unemploy- worth of Democrats’ projects and program enhancements in the Labor-HHS spending further requests for time, and I yield ment compensation for the long-term bill. But major damage to the House’s sense back the balance of my time. unemployed. of comity had been done. Mr. YOUNG of Florida. Mr. Speaker, This truly is a fitting close to the ‘‘If they don’t support the bills [in com- I yield myself such time as I may con- CONGRESSIONAL RECORD, which we have mittee and on the floor], then they shouldn’t sume.

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Mr. Speaker, again I appreciate the $2 billion. This conference report would pro- amendment by Representative DAVE WELDON opportunity to work with the gen- vide only $1.3 billion, a drastic cut of $700 mil- that prohibits the PTO from issuing patents tleman from Wisconsin (Mr. OBEY), as lion (35 percent). This means that important ‘‘encompassing or directed to’’ human orga- we bring closure to these final seven programs like police block grants, the Boys nisms (section 634 of Division B). While this appropriations bills which the House and Girls Clubs, Project ChildSafe, and others provision has been marketed as targeted to- had already passed once, as I have said will be slashed. ward human cloning, it would have a much before. Developed by the Clinton Administration in broader effect. There are several important issues: 1994, COPS has community policing as its Arguably, any medical treatment is ‘‘directed one, as the majority leader said, is we cornerstone; police officers concentrate on to or encompasses’’ human organisms. This is are within the budget. There are a lot specific neighborhoods and gain the trust of broad and vague prohibition could prevent pat- of good increases that we have called community residents to prevent and solve ents on, and thus discourage research into, attention to, in health care, in edu- crimes. Targeting youth violence has been a drugs and treatments for Alzheimer’s, in vitro cation, in veterans care, in embassy se- major priority for COPS; instead of locking up fertilization, and virtually any other area of curity, in counterterrorism activities juveniles after they have committed offenses, medicine that pertains to the human body. and all. But we offset those increases the presence of cops on the beat and in This poorly-drafted provision is an example of with rescissions, so that we were able schools helps to keep them out of trouble in why Congress should not legislate on medical to stay within the budget. the first place. In addition to putting cops on practices and should not make important pol- This is a must-pass bill. Appropria- the street and in schools, the COPS program icy decisions without the input of experts in tions bills have to pass. They are about has reduced domestic violence, gang violence, the field. the only bills here that have to pass. and drug-related crimes by helping to create GUN SAFETY That is why sometimes they attract and organize community groups, victims’ The Republican leadership also caved to some riders that actually cause us groups, treatment centers, and community po- the gun industry by preventing the Bureau of more problems in negotiations than lice in various regions around the country. It is Alcohol, Tobacco, Firearms, and explosives the appropriations bills themselves. also important to note that local law enforce- (‘‘ATF’’) from enforcing gun safety laws. For But it is a give-and-take. Republicans ment is a critical component in the war on ter- instance, the conference report includes pro- and Democrats in the House, Repub- rorism; local police in the everyday course of posals from Representative TODD TIAHRT that: licans and Democrats in the Senate, patrol may be the first to learn about potential Impose a 24-hour limit on destruction of leadership of both parties, the adminis- terrorist acts or terrorists. records of approved firearm purchases (sec- tration, the President, we brought all Its success has led to COPS being praised tion 618 of Division B). The current rule per- of those divergent groups together and by law enforcement and politicians on both mits the retention of records for 90 days. The we came up with a package, and that is sides of the aisle. Fraternal Order of Police, new proposal would undermine audits of the what is before us today. the largest law enforcement organization in system to ensure it is working properly and For those who are concerned that we the United States, has stated that ‘‘[COPS] is undermine the ability to retrieve firearms that did not spend enough money, we did; a program that works and one that has had a have been transferred to criminals and other but we offset. We could have spent positive impact on our nation today.’’ Also, prohibited owners. A June 2002 study by the more, because we had requests from during his confirmation hearings, Attorney General Accounting Office stated that 288 of Members for over $50 billion worth of General John Ashcroft promised to continue the 235 (97 percent) firearm retrievals initiated Member-adds. For those fiscal conserv- supporting COPS and, as a Senator, cospon- during the first 6 months of the current 90-day atives in our body, we found a way to sored legislation to reauthorize it. Finally, Rep- rule could not have been done under a 24- say no to almost all of those requests, resentative JIM KOLBE, a member of the Ap- hour rule; in other words, the new rule would the $50 billion. But we bring about as propriations Subcommittee on Commerce-Jus- permit 228 prohibited persons (i.e. felons, do- good a fiscally conservative bill that tice-State-Judiciary, has noted that COPS mestic violence misdemeanants, fugitives) to meets the needs of the country as we ‘‘has always played a vital role in community keep their illegal guns. possibly could. safety and [he was] glad to see Federal Prohibit the ATF from releasing to the public So, again, Mr. Speaker, as we get money funding such a position.’’ This is why it information regarding sales and dispositions of ready to pass this bill and hope and should not be surprising that, initially intended firearms kept by gun dealers and manufactur- pray that the other body will see fit to to fund 100,000 officers, the program funded ers, as well as any records of multiple hand- do similar so that our agencies can get 116,573 officers in September 2002 alone. gun sales (where 2 or more handguns are about their business, I want to thank The Republican leadership, however, re- sold to the same buyer within 5 days) or gun you for the exemplary way in which fuses to acknowledge the successes of tracing information reported to ATF (title I of you conducted this session today, I COPS. Overall, this bill provides $756 million Division B). Community residents no longer want to wish you a Merry Christmas, for COPS, a drastic cut from the FY03 level of would be aware of neighbors stockpiling mass and I want to wish all the Members a $978 million. More specifically, the conference quantities of firearms. Merry Christmas. We look forward to report provides only $120 million for the hiring Prohibit ATF from requiring dealers to pro- seeing you next year, when we start of officers, which is the program’s most impor- vide a physical inventory (title I of Division B). this appropriations process all over tant component; in FY03, this portion received This precludes the ATF from finalizing a rule again. $199 million (the Senate bill would have given it proposed in August 2000 to require annual Mr. Speaker, I ask for a ‘‘yes’’ vote. $200 million for hiring). In the September 2003 inventories. The purpose of the proposed rule Mr. CONYERS. Mr. Speaker, I rise in oppo- issue of Washington Monthly, the Chief of the was to allow dealers to identify missing fire- sition to the conference report on H.R. 2673. Richmond Police Department, Andre Parker, arms and report them as such. Had the ATF’s This omnibus appropriations bill, which was said he was ‘‘dismayed at the current Adminis- proposal been in effect, we could have avoid- thrown together at the last minute, underfunds tration’s attitude toward local law enforce- ed the situation that occurred in the Wash- important programs and proposes dangerous ment.... [It] has not seemed to grasp what ington, DC, sniper case where Bull’s Eye new policies. As Ranking Member of the we face.’’ It is clear that the Republicans are Shooter Supply (the dealer from whom the House Judiciary Committee, I would like to de- giving law enforcement and community polic- snipers allegedly stole an assault rifle) as- tail my many concerns with this legislation. ing the short shrift. serted they did not know the gun was stolen LAW ENFORCEMENT GRANTS If we take away funds now, our local com- until the ATF traced it to the store. The conference report would significantly munities who have used COPS money to hire Prevent ATF from computerizing records of underfund Federal grants for enhanced law police officers will be devastated; many al- gun dealers who go out of business (title I of enforcement efforts, for both state and local ready are hard-pressed financially because of Division B). Computerized records are critical law enforcement assistance and the Commu- the slowdown in the economy. So there is no with respect to being able to trace guns used nity Oriented Policing Services program question in my mind that reducing funds will in crimes. As a result of this amendment, a (‘‘COPS’’). For instance, with respect to actual lead to police layoffs and an increase in the gun used in one crime could not be connected state and local law enforcement assistance cycle on crime and violence. to another crime; depriving law enforcement of grants (Local Law Enforcement Block Grants, BIOMEDICAL RESEARCH valuable evidence. State Criminal Alien Assistance Program, The conference report also would stifle re- In essence, the conference report would re- Byrne Grants, Justice Assistance Grants, drug search on life-saving drugs and treatments. verse Clinton Administration policies that led courts, etc.), the Justice Department received This is because of the report includes an to a substantial decrease in the number of gun

VerDate jul 14 2003 04:07 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00084 Fmt 0636 Sfmt 9920 E:\CR\FM\K08DE7.071 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12831 dealers from 245,000 in 1994 to 58,500 now. port actually provides less money for AIDS of Congress to block the Federal Communica- By making it easier to be a gun dealer, the programs than the President’s request and tions Commission regulations permitting conference report would make gun shops as other bills. The report requires the National In- broadcast networks to expand. The FCC prevalent as 7–Eleven; there would be one on stitutes of Health (‘‘NIH’’) to return to the issued rules raising the ceiling on media own- every corner in every neighborhood in Amer- treasury a large portion of non-research funds. ership from 35 to 45 percent. Even though ica, open all day and night. Moreover, as As a result, the NIH receives $118 million less House and Senate conferees originally agreed Kristen Rand, Legislative Director of the Vio- than the President’s request, $145 million less to keeping the current (35 percent) limit, the lence Policy Center, noted on July 23, 2003, than the House level, and $182 million less White House forced a compromise at 39 per- ‘‘Representative TIAHRT’s proposal would aid than the Senate level. This translates into an cent, which would accommodate to giant criminal gun traffickers and at the same time actual cut from current funding levels for AIDS media interests. devastate ATF’s already weak oversight au- programs. The bill funds the Manufacturing Extension thority.’’ Make no mistake about it, the only The Bush Administration touted its ‘‘No Partnership (MEP) at just $39 million, a sharp winners under this proposal are criminals and Child Left Behind’’ package and signed it with decrease from the fiscal year 2003 level of the NRA. great fanfare; not surprisingly, it sought vir- $106 million. The MEP offers small manufac- Beyond these matters relating to Judiciary tually no funds for the program in its next turers a range of services from plant mod- Committee jurisdiction, I am troubled by the budget. Now, the conference report gives ernization to employee training. These mod- conference reports treatment of other pro- $24.5 billion, which is $7.8 billion lower than ernization efforts help our beleaguered small grams and initiatives important to everyday the amount authorized in the actual bill. This and mid-sized American manufacturers stay Americans. gives schools just enough money to cover in- competitive. In a reversal of prior votes of the House and flation and fails to give funding to cover costs This bill forgets about the unemployed in Senate, the conference report would encour- incurred in complying with Federal mandates. America. Long-term unemployment in Novem- age media monopolies. In June 2003, the The Republican leadership claims to be ber surpassed a 20-year high. Two million Federal Communications Commission raised concerned about domestic security, but now it Americans remain out of work and have been the broadcast ownership cap from 35 percent underfunds the very Department created to out of work for over six months. But the major- of the national market to 45 percent of the provide that security. For example, the 0.59 ity in this Chamber is ignoring the calls of the market. This decision was widely criticized by percent across-the-board budget cut applies to jobless for extending unemployment insurance Congress and the public, so much so that the the Department of Homeland Security, such benefits. Congress will be leaving town this House passed by a vote of 400–21 an appro- that the planned increase for border protection week and after December 21, a half a million priations bill that prevented the FCC from in- will have to be cut by two-thirds. workers who are jobless through no fault of For these reasons, I urge my colleagues to creasing the 35 percent cap. Similarly, the their own will lose unemployment benefits. vote ‘‘no’’ on this conference report. Senate Appropriations agreed by a vote of For these reasons, I urge my colleagues to Ms. KILPATRICK. Mr. Speaker, I rise in op- join me in opposing the passage of this bill. 29–0 to overturn the FCC decision, using an position to the conference report on H.R. Mr. FILNER. Mr. Speaker and colleagues, I appropriations bill to retain the cap at 35 per- 2673. Had this been the product of the appro- must express my extreme disappointment and cent. Despite these prior votes, the Repub- priations committees of the two chambers, I dismay at the amount of funding in the Con- lican’s engaged in backroom dealing to craft a would gladly lend my support to the passage solidated Appropriations Act for FY2004 for conference report that lifts the cap to 39 per- of this funding bill. But the meddling of the Re- the health care of our nation’s veterans. cent (section 629 of Division B). This simply is publican Leadership and administration that For almost an entire year, the Members of bad policy that will encourage consolidation wants what it wants when it wants it made for the House Veterans Affairs Committee (both and discourage the diversity of voices in the legislative product that is not worthy of sup- Democratic and Republican) have been fight- media that drives our democracy. port. The legislation fails to block a Labor Depart- When I came to Congress in 1996, I made ing for a budget that is worthy of our veterans. ment regulation that would deny overtime pay a commitment to my Michigan constituents to The $26.3 billion that is included for the to approximately 8 million workers across the put people first. This bill fails to meet that test. FY2004 VA Medical Care Budget in this ap- country. Both the House and Senate had This bill fails that test, and I would like to ex- propriations bill is approaching a billion less agreed to prevent this anti-worker provision plain my reasons for opposing its passage. than the figure recommended by the House from becoming effective, but the Republican H.R. 2673 excludes a provision to that VA Committee and by the Independent Budg- leadership has turned its back on working would prohibit the Department of Labor from et, the budget that is drafted by veterans. One Americans. issuing a regulation denying overtime pay to billion dollars would fund approximately 5000 The House had agreed to permit drug re- more than 8 million workers. The provision to doctors or 10,000 nurses or 3 million addi- importation so Americans with medical needs protect the pay of middle-income working tional outpatient visits. could reap the benefits of lower drug costs. By Americans was agreed to by a majority of both As many of you know, VA Secretary An- reneging on this promise, the Republican lead- bodies, and the Republican Leadership re- thony Principi has been forced, because of ership is putting the needs of billion dollar cor- moved this provision. lack of funds, to refuse enrollment to many porations ahead of the needs of the sick. The bill shortchanges education. It provides veterans in the VA health care system. Wait- In a blow to public education and home rule, $39 million less for education than what the ing lists for health care appointments include the Republican leadership is authorizing funds House originally passed, after subtracting tens of thousands of veterans who are waiting for a school voucher program for the District of $318 million in earmarked projects added in more than six months for their first health care Colombia. This program will drain needed conference. The bill does not meet the prom- appointment at the VA. This is not the mes- funds from already-suffering public schools, ises of the ‘‘No Child Left Behind Act’’—pro- sage that we want to send to our troops who depriving school-aged children of the edu- viding $7.8 billion less than was promised. It are fighting in Afghanistan and Iraq. Now, at cation they need and deserve. shortchanges help with the basics of math and this time more than ever, we must place vet- Despite public rhetoric about how much it reading by $6.2 billion when compared to the erans as a top priority. This appropriations bill supports our troops, the Republican leadership level promised in No Child Left Behind, leav- does not do that. thinks nothing of our men and women in uni- ing more than 2 million children behind. It also Veterans’ health care is one of our most im- form when they return from the front. The con- shortchanges funding for after-school centers portant funding issues. We hope and pray that ference report provides veterans’ medical pro- by $751 million. we do not have veterans from the current con- grams with $700 million less than the Repub- The measure includes $14 million for a new flict who become ill with Gulf War illnesses. lican leadership promised in the budget reso- private school voucher program for the District But we must be prepared for that possibility. lution and $900 million less than the veterans of Columbia. Private school vouchers drain We must also not forget the warriors of the groups had sought. much-needed funding away from public edu- first Gulf War who are sick and still waiting to Continuing the Majority’s attack on the envi- cation where all children can benefit. learn the cause and the cure for their ill- ronment, the Republican leadership weakens This funding bill funds state and local law nesses. We must be ready to give treatment the Clean Air Act and prevents 49 states (all enforcement at $500 million below the level and care to all the men and women who have except California) from adopting stricter emis- funded last year, even though state and local sacrificed for our country. We cannot guar- sions control laws for small engines. law enforcement are on the frontlines in keep- antee that with the budget figures in this bill. Despite public statements by the President ing our communities safe. It is time to stop this frustrating and ineffec- and congressional leaders to support AIDS The conference agreement abandoned the tive funding for veterans’ health care. It is time prevention and treatment, the conference re- bipartisan agreement between both chambers to change the process of funding VA medical

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care. Congressman LANE EVANS, Ranking economically challenged island. The poverty dures as well as about their rights; make poll- Democratic Member of the House VA Com- rate on Kaua‘i runs at about twenty (20) per- ing places more accessible to people with dis- mittee, has introduced a bill (H.R. 2318), cent. While unemployment has slightly de- abilities; create statewide voter registration which I have co-sponsored, to automatically clined to a somewhat low of 5.3 percent, the databases that can be more effectively man- increase VA health care funding each year to jobs available are overwhelmingly very low- aged and updated; improve ballot review pro- accommodate inflation and new enrollees. We paying jobs. With a current electric rate of cedures, allowing voters to ensure that the must change from our current practice of dis- nearly 27 cents per kilowatt hour, many ballots they cast are accurate; and create pro- cretionary funding for VA health care to man- among the ‘‘working poor’’ face a daily deci- visional balloting systems to guarantee that no datory (or assured) funding, the way we fund sion whether to turn on a few lights, or put eligible voter is ever turned away at the polls. many other veterans’ benefits. That change food on the table for their family. Lastly, I would like to commend the chief would do away with the fight we have to make Twenty-seven cents per KWh is the highest sponsors of HAVA in the Senate, Senators each year in Congress for our veterans—a cost for electricity anywhere in the United CHRIS DODD (D–CT) and MITCH MCCONNELL fight that, unfortunately, we often end up los- States except for two or three very small, re- (R–KY), for their bipartisan efforts to secure ing. mote villages in Alaska. A very large portion of the additional funding in the other body. But We have the resources. It is a question of families on Kaua‘i must actually rely on the the fight is far from over; the Senate needs to priorities. It is a question of will. Join me in Food Bank to adequately feed their families. confirm the four nominees chosen to run the vowing that this will be the last year we end The Senate provision would simply have new Election Assistance Commission (EAC). up with less money than is needed for vet- designated, from within funds otherwise appro- In addition to being charged with overseeing erans’ health care. Join me in pushing for pas- priated for the High Energy Costs Grants Ac- the full implementation of HAVAs, the EAC will sage of assured funding for our nation’s vet- count, an amount to offset the expenses in- function as the clearinghouse for information erans. curred recently when island residents took on election management. This information will Ms. ESHOO. Mr. Speaker, I rise to urge my over the utility system as a means to help be necessary to ensure that the 2004 election colleagues to vote against the Conference Re- gradually lower the punishing electric costs cycle runs smoothly, and I would urge the port on the Fiscal Year 2004 Consolidated Ap- being charged by an off-island investor-owned other body to act on these critical nominations propriations bill. company. as quickly as possible. This Conference Report does a disservice The Senate provision for the cooperative on Mr. HOLT. Mr. Speaker, I rise in reluctant to our constituents and to our country’s demo- Kaua‘i was just one of several items dropped support of the omnibus appropriations bill. cratic principles because it fails to respect the from the final conference agreement. I under- While there were several important reasons votes of Members of Congress and abuses stand that the conference committee took a for me to vote in favor of this legislations, this the appropriations process. position against hard earmarked projects, rely- bill also had several deep flaws. For example: ing instead on the Secretary to hopefully rec- I would like to point to several positive items It weakens the prohibition against the new ognize the needs and make these allocations that I have worked for and was able to FCC media ownership rules, despite the fact within the existing programs at the Department achieve through this appropriations bill. The that stronger restrictions were agreed to by of Agriculture. bill contains a $50 million increase for the De- both Houses of Congress. Mr. Speaker, this language would have partment of Education’s Math and Science It allows the Labor Department’s new over- guaranteed an enormous impact on the Kaua‘i Partnerships, which will help bring universities time regulations to go forward, flouting the will community, and I am very concerned that it and the private sector together with local of the House and Senate and jeopardizing was not included in the measure before us school teachers to provide long term teacher overtime pay for over 8 million workers. today. I can only hope that the Secretary does training. I hope this will put us on the path of It underfunds the No Child Left Behind Act in fact heed the intent of this language, and I reaching the authorized level of $400 million. by $8 billion. will continue to work with my colleagues on I am also glad to see that the conferees re- Net funding for the NIH is $145 million less both sides of the aisle and both sides of the tained a version of the Corzine amendment, than passed by the House and $182 million Capitol to assure my constituents this badly- which would restore cuts in student aid by less than the Senate supported. needed relief. blocking the implementation of recent Depart- This bill fails in other important ways: Mr. LARSON of Connecticut. Mr. Speaker, ment of Education changes to financial aid eli- It cuts funds for state and local law enforce- although I have objections to the overall bill gibility formulas. The Department’s changes ment by $500 million. and I oppose the overall conference report on would have drastically increased the expected It implements a controversial school voucher H.R. 2673, the Consolidated Appropriation Act family contributions by underestimating their program in the District of Columbia. 2004, I rise today to support the additional $1 level of state and local tax payments. In fact, It provides $230 million less for veterans’ billion dollars in funding that has been in- the Department of Education recently deter- benefits than Republicans have promised. cluded in the Omnibus spending bill for the mined that the changes in the state and local It rescinds $1.8 billion in appropriations— Help America Vote Act (HAVA). This funding tax allowances will cause 84,000 students to largely from the Department of Homeland Se- is in addition to the $500 million request by lose their Pell Grants entirely, and will reduce curity. the President and approved by the House in Pell Grants overall by $270 million. I was Because of these and many other serious the Transportation, Treasury, and Independent happy to work with Congressman RICK KELLER flaws, I cannot in good conscience support Agencies Appropriations Act of 2004 section and seventy-five other Members of Congress this bill and I urge my colleagues to oppose of this Omnibus spending bill. on a letter to Labor-HHS conferees supporting the Conference Report. We could be doing so HAVA was signed by the President over a the Corzine amendment freezing those much more for our country. year ago in response to the frustrations expe- changes. Mr. CASE. Mr. Speaker, I rise in opposition rienced by both voters and candidates during I am grateful that the conferees included to what I believe to have been the unwar- the 2000 election cycle. Reportedly, between language to begin a program intended to pro- ranted omission of language from the Omni- four to six million Americans went to the polls vide the public with science-based evidence bus Appropriations Conference Report, origi- in November 2000 and for a variety of reasons on the safety of foods produced with bio- nally included in the Senate version of the Ag- they were denied their right to vote and to technology for human consumption. riculture Appropriations bill, that would have have their vote counted. The causes for this I have fought on behalf of New Jersey’s designated funds to assist electric ratepayers denial of democracy range from faulty machin- birth defects registry program and led a bipar- on the Island of Kaua‘i, Hawai‘i. ery to wrongful purges from voter lists to poor- tisan effort by our delegation to increase fund- The Rural Community Advancement Pro- ly designed ballots. ing for birth defects registries. I am therefore gram in Division A of the Omnibus Conference Thanks to the leadership of the bill’s co- pleased to see that this bill does increase the Report contained a directive to the Secretary sponsors, my House Administration colleague, overall level of birth defects funding through of Agriculture to provide grant assistance to Chairman BOB NEY, and former Ranking Mem- the CDC. Funding for birth defects is now the not-for-profit, consumer-owned Kaua‘i Is- ber STENY HOYER, with HAVA we now have $113 million, a rather sizeable increase of $15 land Utility Cooperative under the ‘‘Rural Utili- the foundation for a much more efficient voting million from the previous fiscal year and $26 ties Service, High Energy Costs Grants Ac- system, and the much needed increase in million over the Administration’s budget re- count’’. funding over the $500 million requested by the quest. The Senate language was designed to pro- President necessary for its full implementation. The bill also provides $1.225 billion for Am- vide a small amount of vitally needed assist- The additional funding for HAVA will be trak, which provides critical rail service for ance to families and small businesses on this used to educate voters about voting proce- residents in my district and throughout the

VerDate jul 14 2003 05:20 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00086 Fmt 0636 Sfmt 9920 E:\CR\FM\A08DE7.038 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12833 Northeast. It also directs Amtrak to continue that we cannot under-fund education and on their respective merits. Then, the White providing fare discounts to veterans and mem- healthcare in this country, the leadership will House threatens, as it did here, to veto the bers of the military. now punish my constituents. Important entire bill, which would leave many federal The budget for the National Science Foun- projects will not be funded simply because of agencies without funds and therefore leave dation (NSF) is increased $300 million over politics. For example, funding has been denied many needy people without protection, unless last year’s level and $130 million over the to naturally occurring retirement communities the President once again gets exactly what he budget request, bringing FY04 funding to $5.6 where the elderly can stay and receive serv- and his rich friends want. billion, the largest NSF budget ever. This will ices and E=Mc2, which provides important Mr. GRAVES. Mr. Speaker, I rise to discuss mean a great deal for improving funding for training to science teachers, will not be funded research and development. either. the importance of the State Assisted Fair Bid The bill also includes $12.1 billion for Sec- Mr. Speaker, I again want to say that I re- provision in the FY2004 Transportation Appro- tion 8 voucher renewals for affordable hous- luctantly support this bill in order to keep our priations bill. The Conference Report contains ing, $810 million more than FY03 and $205 government functioning and to fund important a provision that will establish a pilot program million more than the request. This will fully new initiatives. I hope that next year we will be to assist states that choose to contract with fund all authorized vouchers based on a 96% able to work in a bipartisan manner so that we the private sector to provide intercity pas- lease up rate and the most current cost esti- can best provide for the needs of all the Amer- senger rail service. I anticipate there will be at mates. I have heard from many constituents icans we proudly represent. least two or three demonstration projects about their need for and support of this pro- Mr. RAHALL. Mr. Speaker, I rise today to under this proposal in fiscal year 2004. The gram. discuss the Fiscal Year 2004 Omnibus Appro- report provides the Secretary with up to $2.5 Once again however, the rhetoric from the priations bill. I will vote in favor of this bill be- million to assist the states in implementing the House leadership is not being met with ade- cause it includes federal funding for a great competitive process. I have spoken with Ap- quate resources for education. Congress has number of very worthwhile projects in my dis- propriations Chairman YOUNG, and he has as- passed a sweeping reform of the Elementary trict of southern West Virginia, many of which sured me that the funding may be used for and Secondary Education Act, created several I personally sought and others that were pro- any purpose in the implementation of a Fair new programs and mandates, but we don’t vided by the esteemed senior Senator from Bid Demonstration project, including providing seem willing to provide the necessary funding. my state, West Virginia’s great champion, insurance to states and operators in a manner We cannot expect our schools to meet the so- Senator ROBERT C. BYRD. that results in the lowest possible insurance called ‘‘adequate yearly progress’’ standard if On my account, these projects include fund- costs. Furthermore, I understand that the Sec- we cannot provide them the resources they ing for technological infrastructure in a histori- retary is encouraged to use a portion of the need to do so. cally underserved area, transportation plan- $2.5 million in grant money provided to the While funding for ‘‘No Child Left Behind’’ ning and congestion relief funding, funding to states to subsidize alternative insurance ar- programs is nominally above last year’s level, help educate the blind, federal assistance for rangements as a part of the Demonstration it is only sufficient to cover inflation and pro- wastewater treatment, and maritime safety Projects. vides local schools with no additional re- training dollars for port security. sources to meet federal mandates. This bill In addition, it is with tremendous gratitude I want to be clear in my understanding that provides $7.8 billion less than the amount for his efforts that West Virginia thanks Sen- the states have a great deal of latitude in pro- promised for fiscal year 2004 by the highly ator BYRD for providing much-needed funding posing Demonstration Projects under this pro- touted ‘‘No Child Left Behind’’ authorization. of projects such as a road building effort that vision. The only statutory requirement is that Overall funding for the Department of Edu- will enable veterans to access their medical the state must assist the intercity service with cation is at $55.7 billion, only $279 million center. He also provided funding for our uni- a subsidy of some nature. My friend, Chair- above the level contained in the House- versities and colleges, funding for economic man YOUNG, has assured me that this is so. passed bill. That increase, however, includes revitalization efforts, and federal dollars for a Obviously, all of the current state-assisted op- $318 million in special, member-specific edu- great number of other worthwhile endeavors. erations, which are commonly known as cation projects. As a result, regular formula However, I cast my vote with great mis- 403(b) service, and are now being operated grant or merit-based programs are actually givings. under contract with Amtrak, are eligible. One funded less than the level contained in the As a result of White House meddling, this example of this service that comes to mind is House bill. bill recklessly strips overtime protection provi- my state’s Missouri Mule, which operates be- Further, the bill authorizes funds for a sions that a tremendous majority of Americans tween St. Louis and Kansas City. The state of voucher program for D.C. schools. This is a favor and that overwhelmingly passed both the Missouri attempted a competitive bid for the poor policy decision that deprives citizens of House and the Senate. To do the President’s Missouri Mule service last year when Amtrak the District of Columbia of making the decision bidding on behalf of his big corporate friends, increased the state subsidy requirement. The for themselves and the school system from re- the Republican leadership in the House and process failed, because Amtrak refused to ceiving much needed federal funding. the Senate made sure in this bill that the De- make facilities and equipment, or even access The bill also fails to provide the resources partment of Labor can gut more than 60 years to its national reservation system, available to necessary to increase students’ access to of worker protections. any bidder on reasonable terms. In many higher education. The bill keeps the maximum As a result of White House meddling, this ways, it is the Missouri Mule example that re- Pell grant award at $4,050, the same as last bill unwisely fails to fund the No Child Left Be- sulted in the Fair Bid language being con- year, even as the cost of college is going up hind initiative while actually even cutting many tained in this bill. Certainly, the Missouri Mule all over the country. programs such as teacher quality grants, tech- will be a candidate under this new provision. The omnibus bill will hurt those who have nology grants, safe and drug-free schools, and left school and are now in the workforce. A reading first grants. However, there are many other candidates. prohibition against the Labor Department’s As a result of White House meddling, this The North Carolina Piedmont and Carolinian new overtime regulation was dropped entirely bill unfairly freezes funding for child care and provide another example of such trains. The despite the fact that it has the support of solid wrongly imposes more stringent work require- Amtrak Cascades Service between Van- majorities in both Houses. Allowing this new ments for parents receiving Temporary Assist- couver, British Columbia and Eugene, Oregon rule to go through will deny overtime pay to ance for Needy Families. is a 464-mile corridor that is subsidized by the more than 8 million American workers. These There are also a host of other shortcomings Washington and Oregon DOTs. Services that are employees who rely on overtime to make and deficiencies in this bill. are not current 403(b) services would also be ends meet, and it speaks volumes that the But this is what happens when the Repub- eligible should the state choose to provide a Republican leadership is willing to deny hard- lican leadership of the House and Senate fail subsidy. In another more general example, the working, middle class families that additional once again to complete their Constitutionally- State of Florida is interested in new conven- pay they earn. required appropriations bills in a timely man- tional intercity passenger rail service along the Further, I am concerned that because I op- ner. A bunch of different bills get rolled into East Coast, but Amtrak has declined to initiate posed the House-passed bill on the principle one rather than being considered individually the operation. In cooperation with the track

VerDate jul 14 2003 05:20 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00087 Fmt 0636 Sfmt 9920 E:\CR\FM\A08DE7.056 H08PT1 H12834 CONGRESSIONAL RECORD — HOUSE December 8, 2003 owner, the state has the option of putting that nent role in the ongoing effort to secure the deployment of broadband will boost the U.S. service out to competitive bid. homeland against the threat of additional ter- economy, and particularly the moribund tele- Another example is New York’s Empire rorist attacks. As a Member of the House Se- communications sector. A recently updated service between Albany and New York City. lect Committee on Homeland Security, I have study by Robert Crandall, Charles Jackson, That service is currently not subsidized, but worked throughout this Congress to bolster and Hal Singer states that ‘‘the cumulative in- Amtrak has requested a subsidy from the our nation’s homeland security. Although this crease in capital expenditures associated with state as a condition of operating New York’s bill does not fund the Department of Home- the ubiquitous adoption of current generation remanufactured 125 mile per hour turbo trains. land Security, two important provisions of the (broadband) technologies will result in the cu- The Empire corridor could be put out to com- bill will negatively impact its operation. This mulative increase in gross domestic product petitive bid under the terms of this provision. legislation forces the rescission of $1.8 billion (GDP) of $179.7 billion (over nineteen years) Mr. ETHERIDGE. Mr. Speaker, I rise in op- in prior year supplemental appropriations and and will sustain an additional 61,000 jobs per position to the conference report on H.R. a significant portion of those funds are in year.’’ Yet, the FCC continues to ignore the 2673. This bill would provide funds, for the fis- DHS. In addition, the across-the-board cut negative economic impact its indecision has cal year that began on October 1, for eleven contained in this bill will have a dramatic im- on the industry. of the fifteen Cabinet departments, several pact on certain areas. For example, the need- All my amendment does is require the FCC independent government agencies, and the ed increase of 570 Customs and Immigration to complete something it should have done District of Columbia government. agents for improving border protection will I will oppose this bill because it is a com- over a year ago. We’ve given the FCC enough have to be cut by nearly two-thirds. Also, the time. The American people are waiting and bination of missed opportunities and mis- bill cuts state and local law enforcement funds placed priorities. This bill has many short- the U.S. Congress has had enough of the by $500 million below last year’s level at a FCC’s paralysis. comings, but let me focus on three key areas: time when our state and local governments agriculture, education and homeland security. face massive budget shortfalls. Mr. KUCINICH. Mr. Speaker, I rise today in Mr. Speaker, I grew up on a tobacco farm, Our communities deserve better, and I will strong opposition to the Omnibus Appropria- and my district is one of the leading tobacco vote against this bill because of its short- tions Act of 2004. In almost every areas of producing districts in the country. As a Mem- sighted treatment of our homeland security. concern for families, this bill is grossly inad- ber of the House Agriculture Committee, I In conclusion, Mr. Speaker, there are many equate and detrimental to America’s future. know that our farmers are hurting. North Caro- provisions of this bill I do support. I strongly For our Nation’s children and schools, the lina’s farm families are watching a way of life support each of the projects for North Caro- funding shortfalls in the Omnibus are legion. that has sustained us for generations vanish lina’s Second Congressional District that are At a time when we are demanding more of our without any assistance from the federal gov- funded in this bill. But the Republican Leader- public schools, and as State and local edu- ernment to transition into the future. I have ship chose to craft this bill through an indefen- cation budgets continue to be cut, funding for been working throughout this Congress on a sible and incoherent process. The result is a No Child Left Behind is frozen. At a time when bipartisan basis to pass a buyout of the fed- bill that can be summed up as a missed op- the average Pell Grant is worth about $50 less eral tobacco quota program to aid that transi- portunities and misplaced priorities. in real terms than it was in 1975, the size of tion. Having worked to achieve consensus leg- The people of my district and this country the maximum grant is frozen. islation, my colleagues and I sought to attach deserve better. I will vote against final pas- The Omnibus also freezes funding for the buyout legislation to this omnibus appropria- sage of this legislation, and I urge my col- tions bill, the last legislative vehicle of the First 21st Century Community Learning Centers leagues to join me in doing so. program, the main source of Federal funding Session of the 108th Congress. But the Re- Mr. SWEENEY. Mr. Speaker, because this for after school programs. Over 1 million chil- publican Leadership rejected this effort. As a bill is coming to the floor as a conference re- dren will not have after school opportunities last ditch effort, I wrote to Speaker HASTERT port, I am unable to offer a very important under this bill. This bill even falls $1 billion and asked him to include Congressman WAL- amendment. My amendment would require the short of the level promised in the Republican TER JONES’s bill to freeze quota levels that de- Federal Communications Commission (FCC) budget resolution and authorization bill passed termine how much tobacco farmers can to complete and issue its rulemaking in CC earlier this year for IDEA, which educates dis- produce. Again, we were denied. Docket 02–33 within 60 days of passage of abled children. Again, this funding shortfall is Our tobacco farmers deserve better, and I this bill. This is proceeding pending at the passed directly on to local school districts. will vote No to protest the shabby treatment FCC to determine whether broadband facilities they have gotten from the Republican Con- provided by telephone companies should be For as many as 8 million workers, this bill gressional Leadership. regulated as telephone services under Title II also represents the end of overtime pay—but As the former Superintendent of North Caro- of the Communications Act or as information not the end of overtime hours. Although this lina’s public schools, my life’s work has been services under Title I of the Communications body voted to strip the administration’s plan to the improvement of educational opportunities Act. eliminate overtime coverage for millions of for all of our children. In the U.S. House, I The FCC adopted the Notice of Proposed Americans, the Omnibus continues forward chair the Democratic Caucus’s special Task Rulemaking on February 14, 2002. Comments with a regulatory agenda determined to make Force on Education and Job Training. In the were filed on May 3, 2002 and reply com- Americans—from paralegals to paramedics— 107th Congress, I voted for the President’s ments on July 1, 2002. The FCC, however, work longer hours for less pay. landmark No Child Left Behind (NCLB) edu- has been sitting on its hands for the last 16 Finally, last July this Congress took a giant cation reform law because the Administration months. step forward in overwhelmingly voting to elimi- promised to provide the resources to make the This is the same agency that, once it voted nate funding for section 213 of the PATRIOT tough new reforms work. Unfortunately, the on its triennial review report and order spent Act, a provision what allows for so-called Administration has broken that promise, and I another six months before actually releasing ‘‘sneak and peak’’ searches, or searches of have been forced to introduce legislation to re- the text of the order. The FCC has not ruled property without the advanced notification of quire full funding for NCLB. This omnibus ap- on the petitions for reconsideration pending on the person being searched. This action spoke propriations bill continues to break the promise the triennial review. My amendment will also to the anxiety of millions of Americans who of NCLB to our children, their parents, our require the FCC to rule on these petitions for believe the PATRIOT Act must be repealed or teachers, taxpayers and schools. The bill reconsideration within 60 days of passage of revised to restore fundamental civil liberties in shortchanges NCLB by $7.8 billion in fiscal this bill. Unfortunately, the FCC’s Nero seems this Nation. Again, the result of this bi-partisan year 2004 alone. This bill also contains mis- to be fiddling again while the telecommuni- vote is starkly absent from the Omnibus. guided private school vouchers in the District cations industry’s Rome is burning. of Columbia. Vouchers are bad public policy The Industry is in state of regulatory stasis Not only does the Omnibus cut education, it because they take taxpayer dollars to pay for concerning broadband. Companies do not defies the will of the House on overtime pay and civil liberties. Our children and our fami- private school tuition. That is just plain wrong, know what the broadband rules will be, so lies suffer and the integrity of the U.S. Con- and I have consistently opposed vouchers they cannot make sound decisions as to stitution remains at risk. Vote against the Om- throughout my service in public office. when, where, and even whether to deploy Our children deserve better, and I will vote broadband. This is an industry that has lost nibus Conference Report. against this bill because of the harm it does to more than 500,000 jobs during its current eco- Mr. POMEROY. Mr. Speaker, I will be cast- our schools. nomic slide. ing my vote against this bill today because of Finally, Mr. Speaker, as a center for the This inaction is inexcusable. The delay is many serious flaws in this legislation, flaws military, agriculture, technology and transpor- further harming an industry already seriously that were included in the bill despite wide- tation sectors, North Carolina plays a promi- wounded. There is little doubt that ubiquitous spread, overwhelming opposition. Additionally,

VerDate jul 14 2003 05:20 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00088 Fmt 0636 Sfmt 9920 E:\CR\FM\A08DE7.059 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12835 the bill tragically underfunds several key pro- 2 years, we’ve seen some 3 million jobs dis- available to help frame its initial organizational grams, such as funding for education reform appear. structure and guide its subsequent operations, and veterans. Mr. Speaker, we had an opportunity to ex- particularly in developing and fine-tuning poli- Included in this legislation is language to tend the reauthorization of the TEUC program cies, procedures and processes. delay the implementation of country-of-origin and we failed to do it. I strongly encourage the chief executive offi- labeling until 2006. Country-of-origin labeling I joined the efforts to extend those benefits cer or the interim CEO of the corporation to was required by the 2002 Farm Bill and is so that working families still looking for jobs seek advice from organizations with manage- necessary to give U.S. consumers important can enter the New Year with some place of rial expertise—such as the National Academy information and give U.S. producers credit for mind. The leadership in this House, however, of Public Administration (NAPA)—in designing the considerable investment they have made saw it differently and blocked our efforts to ex- and launching the Millennium Challenge Cor- in the quality and safety of their products. tend help to out-of-work Americans. They re- poration. The report, which accompanied the Included in this legislation are provisions portedly said the economy’s doing so much MCC legislation reported from the Committee that could make 8 million women and men better than unemployed workers don’t need on International Relations made such rec- lose the overtime pay that they use to feed any extra help. Sadly, this failure not only ommendation, and I believe that it is important their families, pay for medicine, and educate hurts families but also the economy. Worse that we take note of this counsel since we are their children. These provisions were not ap- yet, it comes just a few weeks after these passing this legislation in a somewhat different proved by a majority of the House and Sen- same leaders approved a $12 billion handout from today. ate. to insurance companies. Mr. Speaker, I also would like to make a Included in this legislation today is language That’s not all. Even those who are fortunate brief comment on section 534 of the Foreign to allow television networks to own as much to have jobs have come under attack by the Operations Appropriations Act for fiscal year as 39 percent of a market. Shortly after the leadership of this House. On March 31, 2003, 2004 as it relates to assistance to Lebanon. Federal Communications Commission made the Bush administration proposed changes to Mr. Speaker, last year, this House adopted its decision to allow television networks to own the overtime pay rules that require additional the conference report to H.R. 1646, the For- stations reaching as much as 45 percent of pay for workers who put in more than 40 eign Relations Authorization Act of 2003, the country earlier this year, both chambers of hours per week. These changes will impact up which became Public Law 107–228, included Congress went on record for supporting low- to 8 million employees who could find them- section 1224, a provision restricting foreign as- ering the limit to 35 percent. selves working longer without any additional sistance to Lebanon until it fully took control of In addition, while I support the intentions of pay. its borders. This provision, which derives from last year’s education reform promise to leave Once again, Mr. Speaker, we had an oppor- an amendment I offered to the bill and which no child behind, I am also convinced that the tunity to include provisions in this massive ap- prevailed on the House floor, reads as follows: success of this new law will be determined in propriations package to ensure that the rights SEC. 1224. ASSISTANCE TO LEBANON. part by the investment made in this historic re- of over 8 million workers to receive overtime (a) PROHIBITION—Notwithstanding any form effort. I am deeply disappointed that this for their hard work were protected, and we other provision of law, $10,000,000 of the funding plan falls more than $7.8 billion short failed. amounts made available for fiscal year 2003 of the resources promised. The new rules will impact workers who or any subsequent fiscal year that are allo- I am pleased to have supported the inclu- make between $22,101 and $65,000 per year. cated for assistance to Lebanon under chap- sion of a number of important North Dakota These middle class workers, from journalists ter 4 of part II of the Foreign Assistance Act projects in this legislation. However, the to medical technicians, often rely on the extra of 1961 (22 U.S.C. 2346 et seq.; relating to the House could and should consider clean legis- economic support fund) may not be obligated money they get for overtime and appreciate unless and until the President certifies to lation that does not contain those provisions there being some limit on the time they are the appropriate congressional committees not supported by a majority of representatives. expected to work. that— I hope this bill is taken up again in January Congress votes to stop this change in labor (1) the armed forces of Lebanon have been without these objectionable provisions. policy, though the vote was particularly close. deployed to the internationally recognized Mr. SMITH. Mr. Speaker, I rise today to ex- Despite this action from Congress, the Bush border between Lebanon and Israel; and press my disappointment that the omnibus ap- administration has continued to push for the (2) the Government of Lebanon is effec- propriations package before us, H.R. 2673, changes. The President even issued a veto tively asserting its authority in the area in which such armed forces have been deployed. does not include provisions passed by both threat against this massive appropriations bill (b) REQUIREMENT RELATING TO FUNDS WITH- houses of Congress to protect workers’ over- if it included any attempt to maintain the over- HELD—Notwithstanding any other provision time pay nor does it extend the Temporary Ex- time protections for these workers and their of law, any funds withheld pursuant to sub- tended Unemployment Compensation (TEUC) families. section (a) may not be programmed in order program. As we enter the holiday season, it’s sad that to be used for a purpose other than for assist- Mr. Speaker, there we are again, the holi- there’s so little compassion for Americans ance to Lebanon until the last month of the day season is upon us and once more, it is struggling to find jobs and make ends meet. fiscal year in which the authority to obligate time to buy presents for our loved ones. Clearly, the battle for America’s working fami- such funds lapses. Whether we are celebrating Christmas, Cha- lies is not over. Section 534 of the FY2004 Foreign Oper- nukah, Kwanzaa or simply the holiday season, Mr. LANTOS. Mr. Speaker, last summer this ations Appropriations Act, which is contained it is a time for sharing gifts, festive meals and House in an overwhelming bipartisan fashion in this conference report, provides a special caring for others. Unfortunately, the appropria- adopted H.R. 1950, the foreign relations au- authority to provide assistance to Lebanon tions package before us will strip workers of thorization bill which, among other provisions, ‘‘notwithstanding any other provision of law.’’ I their overtime rights and does not extend authorized the establishment of the Millennium note that in trying to look at congressional in- TEUC benefits, possibly resulting in Santa Challenge Account (MCA) and the creation of tent to determine how to interpret this ‘‘battle Claus not making stops at everyone’s house a Millennium Challenge Corporation (MCC). of the notwithstandings,’’ I note that identical next year. Today, this House will consider the con- language to section 534 was contained in past Millions of families continue to struggle ference report for the Foreign Operations Ap- foreign operations appropriations acts prior to through the rough fringes of our economy. propriations bill as a part of the Omnibus Ap- the enactment of section 1224 of the Foreign Currently the official U.S. unemployment rate propriations bill that we are considering. In it Relations Authorizations Act of 2003. Section is at 5.9 percent representing more than 8.5 will be authorizing language for the MCA and 534 and its predecessors were originally clear- million unemployed workers, and the rate for the MCC which largely reflects many of the ly designed to deal with issues other than the Hispanics has moved up to 7.4 percent. As priorities and structures incorporated in the restriction in section 1224. Moreover, there is much as these can be seen as mere figures, MCA bill that Democrats and Republicans so no legislative history that would suggest that we must realize that they are more than just painstakingly crafted in the Committee on section 534 was meant to override section numbers. They represent human beings: International Relations. 1224. Finally, I understand that in a similar sit- someone who needs work and whose family Mr. Speaker, I rise today to highlight one uation last year, after careful consideration, may need food and clothing. These are not specific aspect in the creation of a Millennium the administration decided not to use identical luxuries; they are the essentials. Challenge Corporation. I believe that the MCC language in the FY 2003 Foreign operations Too many Americans are going to wake up will face a variety of management issues as it Act to override section 1224, even though that New Year’s morning to find out that their un- begins to administer the MCA. It is critical that act was enacted after the Foreign Relations employment insurance has run dry. In the past the corporation have access to the best advice Authorization Act of 2003.

VerDate jul 14 2003 04:07 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00089 Fmt 0636 Sfmt 9920 E:\CR\FM\A08DE7.043 H08PT1 H12836 CONGRESSIONAL RECORD — HOUSE December 8, 2003 On this basis, and particularly in view of the that take from program funds. Furthermore, it struction account. Only about $20 million of soon to be enacted Syria Accountability Act, isn’t yet clear whether or not jobs will be lost about $65 million is left in the report for con- which addresses the reasons that Lebanon is at NOAA. struction, and it’s unclear how that total will be unable to deploy its troops to the border, I be- One thing that is possible to discern— divided between NIST’s Gaithersburg and lieve that congressional intent is clear that through inference—is that NOAA’s Space En- Boulder labs. section 534 of the FY2004 Foreign Operations vironment Center (SEC) is funded at $5.3 mil- NOAA and NIST are not the only Com- Act cannot be used to override section 1224 lion. This is barely two-thirds of the base funds merce Department accounts that are short- of the Foreign Relations Authorization Act of needed by SEC, which suffered similar short- changed by the conference report—and the 2003. falls last year, and 40 percent less than the damage goes beyond federal agencies to hurt Mr. UDALL of Colorado. Mr. Speaker, I will President’s $8.3 million FY04 request. the private sector too. vote against this conference report. I can sup- This is more than disappointing—in my MANUFACTURING EXTENSION PROGRAM port neither the process by which it was as- opinion, it is irresponsible. Let me briefly ex- The conference report cuts by more than sembled nor the misshapen result of that proc- plain what leads me to that conclusion. two-thirds the Manufacturing Extension Pro- ess. In October, the Science Committee’s Envi- gram, which assists thousands of small and Once again the House is being asked to ronment, Technology, and Standards Sub- medium-sized manufacturers across this coun- vote on a massive omnibus measure that rolls committee held a hearing to fully examine the try. This cut effectively guts the program, together the thousands of specific accounts issue of space weather and who should be re- which was the Bush Administration’s intent. that properly should be included in no fewer sponsible for its forecasting. We heard testi- With manufacturing jobs still being lost every than seven separate regular appropriations mony from representatives of NOAA, the Air month and high-tech companies struggling, bills. This is exactly what happened last year, Force, and NASA, along with officials from the now is not the time to turn our back on the and it is just as objectionable now as it was electric power, satellite, and airline industries, manufacturing community and our small high- then. which are the predominant users of the SEC’s tech entrepreneurs. I do not blame our appropriations committee forecasts. It is one thing to make government more for this. I have the greatest respect for both its From that hearing, it was clear that: lean; it is another thing to cut programs and Chairman, the gentleman from Florida, Mr. The services that NOAA’s SEC provides are jobs year in and year out at facilities all over YOUNG, and its ranking member, the gen- relied upon heavily by government and many the country—not because there is fat to cut at tleman from Wisconsin, Mr. OBEY. They and critical private sector industries; these facilities, but because the Subcommittee their colleagues did their work, and the House The SEC functions cannot be easily trans- allocation simply doesn’t provide enough passed all of the regular appropriations bills, in ferred to another agency without huge ex- money to go around. This conference report a timely fashion. penditures and temporary to intermediate loss continues the pattern of bleeding NIST and Unfortunately, however, the Senate did not of forecasting services; and NOAA dry—agencies that do so much to sup- follow suit—and the leadership of both cham- Even at the House approved funding level port our nation’s economy and the public’s bers insisted on taking control of the process of $5.3 million, the SEC would have to signifi- well-being. Of course, the conference report does in- in order to accommodate the desires of the cantly reduce current services at a time when clude funding for programs to assist veterans, Bush Administration. As a result, the bill be- our industries are more vulnerable to space housing programs, and many other worthwhile fore us today not only has provisions not con- weather. purposes, including necessary investments in sidered by either chamber, it also omits some With our country increasingly vulnerable to transportation infrastructure—things that I defi- things that were approved by both bodies. And these solar events, it is short-sighted and penny-pinching to reduce the services pro- nitely support. while it does provide essential funding for Some of the transportation items are of spe- vided by the SEC. many purposes, in several important respects cial importance for Colorado. These include: it falls far short of what is needed. NATIONAL INSTITUTE FOR STANDARDS AND TECHNOLOGY $8 million for the Boardway Bridge/I–25 inter- (NIST) For example, one of my biggest concerns is change complex; $4 million for work on the how this conference report deals with impor- The numbers for NIST are no more satisfac- Santa Fe/C–470 corridor; $3 million for the tant scientific facilities of two agencies—the tory. The overall Scientific and Technical Re- McCaslin Boulevard/U.S. 36 interchange; $3 National Oceanic Atmospheric Administration search and Services (STRS) account is fund- million for repairs to the Red Cliff/Arch bridge; (NOAA) and the National Institute of Stand- ed at a lower level than both the House and $2.5 million for implementation of the incident ards and Technology (NIST)—in Colorado. Senate bills, and this lower level also includes management plan for Interstate 70; $2.5 mil- I voted against the commerce department $15.5 million in earmarks. The lab account lion for the Colorado I–225 and Colfax Avenue funding bill when the House considered it ear- thus will provide only minimal funding to cover interchange; $800,000 for the U.S. 36, Wads- lier this year because it included severe reduc- mandatory cost-of-living increases, at the worth, and State Highway 128 interchange; tions in funding for these facilities. I could not same time new responsibilities are being as- $800,000 for the I–70 and State Highway 58 support such cuts, not just because these fa- signed to NIST. interchange; $500,000 for the Wadsworth cilities employ so many Coloradans, but also With approximately 55 percent of NIST’s Blvd/SH121/Grandview grade separation because the work done there is so important STRS budget devoted to personnel com- project; $500,000 for the East 104th Ave. and for our country. pensation and benefits, these cuts in the lab U.S. 85 intersection improvements; $500,000 Still, even though that part of the House bill account will lead to more job losses at NISt, for the U.S. 6 and State Highway 121 inter- was seriously inadequate, I hoped that the only continuing the steady decrease in the change; $450,000 for the U.S. 36, I–270 inter- Senate would not make the same mistake and number of NIST staff in the laboratories since change; $400,000 for work on State Highway that the conference report would more appro- 1994. 149; and $200,000 for work on I–76 between priately recognize the needs of these facili- Funding for direly needed construction at Fort Morgan and Brush. In addition, the con- ties—but, as I have reviewed the conference Boulder’s NIST laboratories is again less than ference report includes $14 million for buses report, that hope has faded. is needed. The NIST Boulder laboratories and bus facility projects of the Colorado Tran- NOAA LABORATORY FUNDING have contributed to great scientific advances sit Coalition, whose request I strongly sup- The conference report isn’t as clear as it through its key facilities, but these facilities are ported. could be. For instance, it hasn’t been possible now over fifty years old, and if they are to con- If we had the chance to consider separate to determine whether or not the report in- tinue to make important contributions, they final bills for these purposes, I would be glad cludes $4.5 million to pay rent for NOAA’s need help. to support them. But instead they have been Boulder labs. In fact, even NOAA’s budget of- Of the millions of dollars of work that was rolled into this conference report, with all the fice isn’t sure whether or not that money was shown to be necessary in NIST’s 1998 Facili- serious deficiencies I have mentioned. included. ties Improvement Plan, only about $11 million And those deficiencies are not the only Similarly, it isn’t readily apparent how the re- has been appropriated over the years—for the ones—the conference report before us has search funding breaks down and at what lev- design of an electrical system upgrade at the other serious defects as well, such as the fact els the Colorado labs are funded—apparently Boulder facilities and for the first phase of con- that it does nothing to prevent administrative program accounts have been padded with an struction of a new central utility plant. The actions that threaten the right of many workers ‘‘administrative charge,’’ though we don’t know central utility plan still needs $22.6 million, and to receive overtime pay to which they are now the amount, there are across-the-board rescis- the electrical services improvements need entitled, and the omission of the provision sions that also affect program accounts, and $5.5 million, yet the conference report includes passed by both Chambers to make it easier there are huge numbers of earmarks in the bill $23.5 million in earmarks in the NIST con- for Americans to travel to Cuba.

VerDate jul 14 2003 05:20 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00090 Fmt 0636 Sfmt 9920 E:\CR\FM\A08DE7.045 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12837 The bottom line, Mr. Speaker, is that these proposed new entrance fees and increased sumers. I am extremely disappointed that the many deficiencies make it impossible for me copayments for veterans as a means of mak- conferees included these delays on country of to vote for this conference report. ing its inadequate budgets balance by deter- origin labeling. Mr. BLUMENAUER. Mr. Speaker, it is a sad ring veterans’ utilization of health services and Mr. TAUZIN. Mr. Speaker, I rise today in op- commentary on the performance of the Re- enhancing its scarce revenues. position to an authorization provision con- publican leadership who control the White Continued inabilities to recruit scarce clinical tained in the conference report we are consid- House and both Houses of Congress that they personnel: For the second consecutive year, ering today. This provision—inserted in the still cannot get the appropriations work done VA will have missed the prime time in the aca- eleventh hour—would limit a television broad- on time. I voted against several of these demic cycle for recruiting physicians—this is caster’s potential national audience reach to measures as stand-alone bills. Rolling them particularly damaging for recruitment of those 39 percent. Not only is this bad public policy, together and adding special interest provisions in high-demand specialties. VA has held hun- but this provision is more susceptible to a First has not made them any better. dreds of these positions vacant and was rely- Amendment challenge than the FCC restric- Indeed, in several instances this bill rep- ing on a timely and adequate budget, in addi- tion it replaces. The DC Circuit rule in its 2002 resents a repudiation of the will of the public tion to legislation, to help with these vacan- Fox Television decision that the FCC failed to and express decisions of Congress. Examples cies. Nurse and pharmacist shortages also justify its old limitation. The court made it clear include the fact that a bipartisan majority of continue to be problematic. that any broadcast ownership limit is subject Congress had already voted to prevent the Inabilities to prepare for returning troops: VA to at least rational-basis scrutiny under the Bush administration regulations that would must shore up programs, such as its re- First Amendment. Consequently, the FCC deny overtime pay to 8 million employees. nowned post-traumatic stress disorder treat- conducted an exhaustive study and developed This bill strips the ban. Additionally, this bill ment, readjustment counseling, prosthetics, a comprehensive record which concluded that abandons an overwhelming bipartisan agree- and other programs for special disabilities in a 45-percent limit was supportable. This bill ig- ment of both bodies of Congress to block Fed- order to meet the needs of new veterans re- nores the FCC’s findings, as well as the Fox decision, and plucks a 39-percent figure out of eral Communications Commission (FCC) regu- turning from Iraq and Afghanistan. lations permitting broadcast networks to ex- This Congress must now seriously consider thin air. An act of Congress is afforded more deference than an FCC rulemaking, but it is pand their reach and consolidate the industry. the question, ‘‘Is this really the best we can do still subject to First Amendment scrutiny. With This omnibus appropriations bill spends too for our veterans in a time of war?’’ absolutely no record to support this limit, the much on the wrong things and shortchanges Our answer must be an unqualified, ‘‘no!’’ critical needs such as education, veterans’ The time has come for us to assure that an provision might very well not withstand judicial healthcare, and state and local law enforce- adequate and timely budget is available to our review, potentially leaving us with no restric- tion whatsoever. ment. It’s made all the worse that this funding veterans’ health care system at the start of The bill’s ownership provision is also rooted is borrowed money that will add to our budget each new fiscal year. The time has come for in a misunderstanding of the FCC’s new rule, deficit. I vote ‘‘no.’’ a rational way of determining VA’s budgetary Mr. EVANS. Mr. Speaker, I rise in opposi- current levels of concentration, and the state needs. The time has come for us to support, tion to the bill, H.R. 2673, FY 2004 Consoli- of competition. The FCC’s rule measures po- H.R. 2318, ‘‘Assured Funding for Veterans dated Appropriations Act. tential audience reach, not the number of tele- Mr. Speaker, this is a disappointing bill in Health Care Act of 2003.’’ This bill would auto- vision stations an entity owns. No broadcaster many ways. Not only is it inadequately funded, matically fund the veterans’ health care sys- owns anywhere near 45 percent of the na- it is not timely. tem by the number of enrolled veterans and tion’s more than 1,700 full-power, commercial For the second year in a row, we will fail to the anticipated changes in the hospital infla- and non-commercial television stations. In fact provide the Nation’s largest federal health care tion rates for each year. CBS and FOX only own approximately 2 per- system, the Veterans Health Administration, We really can do better by our Nation’s vet- cent—the ruling by the FCC’s would allow with a timely and adequate budget. After an- erans. them to purchase only a handful more sta- other year of fierce battles over funding, we Ms. HOOLEY of Oregon. Mr. Speaker, there tions—while NBC owns less than 2 percent, are not likely to pass a budget for veterans’ are a number of things both good and bad in and ABC owns less than 1 percent. health care until we return in January—after this Omnibus Appropriations bill that we’re Mr. Speaker, the FCC rule limits a broad- almost a third of the fiscal year is gone. In the considering today. I want to talk specifically caster to owning television stations whose sig- worst case scenario, the veterans’ health care about an issue that is extremely important to nals, in the aggregate, serve areas encom- system will subsist on a continuing resolution me and the people I represent, and one that passing no more than 45 percent of the na- through the rest of the fiscal year. I’ve been working on for years. tion’s television households. This does not Not only will the budget be late, which Our farmers grow the best produce and mean that viewers are watching the broad- wreaks havoc on VA’s ability to plan effec- raise the best livestock in the world. And caster’s stations, only that the stations’ signals tively to meet the demands of its burgeoning American consumers know this. Studies have are potentially available in the viewers’ areas. workload, it will be greatly inadequate and, far shown that Americans want to buy American No broadcaster’s actual audience share is less than the $1.8 billion additional funding we commodities, and are even willing to pay a close to 45 percent. Even CBS, which cur- promised veterans in the budget last April. premium to do so. Yet while a consumer can rently leads the ratings race, only garners What will this likely mean for veterans who go into a department store and know that their about a 14-percent audience share during rely upon the VA as their health care pro- shirt is made in this country, they can’t go into primetime. And in fact, the vast majority of the vider? the grocery store and have the same certainty stations carrying CBS programming are inde- Increases in waiting time: VA’s workload about the food they are going to serve their pendent affiliates not owned by CBS. In terms has increased each year since 1997. Wait families. of actual viewership, no major broadcast net- times reached a crisis point of hundreds of U.S. producers need mandatory labeling in work owns stations that, in the aggregate, ex- thousands of veterans waiting more than six order to compete in the marketplace. Product ceed 3.4 percent of the national viewing audi- months for care, around the beginning of the differentiation is the only way consumers can ence. last fiscal year. VA’s budget, on the other exercise their choice between purchasing ei- To win viewers, each network still must hand has not kept pace with the rate of growth ther domestic beef or beef produced by for- compete with many other broadcasters, each in enrollees or medical inflation. VA began to eign competitors. Our nation’s farmers and of which would also theoretically own stations make progress addressing waiting times for its ranchers produce the best and safest com- with signals available to 45 percent of the major clinics last year, but with another late modities in the world, and our nation’s con- country. Indeed, there are now seven major and insufficient budget it is likely that waits will sumers deserve the chance to determine broadcast networks—ABC, NBC, CBS, FOX, be on the rise again. where their food is born, raised, and proc- UPN, WB, and PAX—as well as foreign-lan- Possible additional curtailments in enroll- essed. guage networks, and many independent ment: For the first time since 1997, last Janu- For these reasons we had country of origin broadcasters. Moreover, 85 percent of tele- ary, the Secretary chose to prohibit new vet- labeling provisions added to the Farm Bill last vision households now subscribe to cable or erans in Priority 8—some of whom make as Congress. Unfortunately this bill throws an- satellite service with access to both broadcast little as $25,000 each year—to enroll in VA for other hurdle in front of our consumers and our and non-broadcast programming, and entities their health care. Fiscal pressure may drive farmers, delaying implementation of this im- other than ABC, NBC, CBS or FOX own ap- additional prohibitions. portant law. proximately 75 percent of the more than 100 New fees and additional copayments for Country of Origin Labeling is good for Amer- channels of programming received in the aver- veterans: Every year, this Administration has icans farmers and good for Americans con- age home. Also, keep in mind that the FCC’s

VerDate jul 14 2003 04:26 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00091 Fmt 0636 Sfmt 9920 E:\CR\FM\A08DE7.048 H08PT1 H12838 CONGRESSIONAL RECORD — HOUSE December 8, 2003 local ownership rules still protect localism and quently visit schools to meet with students and The Federal court in that case has deter- diversity by requiring a minimum number of teachers. At nearly every location, teachers mined that, as many of us in this House have independent voices in each market. In this and administrators inform me of the difficulties argued, IBM’s cash balance plan and indeed context, the drummed-up fear over the FCC’s they have when it comes to unfunded Federal all cash balance plans inherently violate cur- rule is almost as ludicrous as would be the mandates burdening their districts. School dis- rent Federal anti-age discrimination law. By its fear over the national availability of Starbucks. tricts throughout the Show-Me State and the terms, my amendment barred Treasury from Starbucks, it sometimes appears, can be Nation are experiencing tough times as the opposing the IBM employees in that case. found on every corner. But Starbucks’ seem- poor economic conditions and the fiscal One of the intended effects of my amendment ingly ubiquitous presence does not mean that choices made by this Congress are leading to was also to bar Treasury from finalizing the consumers can’t drink other brands of coffee, decreased revenue for schools. The profes- proposed regulations on cash balance plans— or forgo coffee altogether in favor of tea, juice, sionals who teach our children and grand- regulations that were improper because they soda, or any other beverage. children deserve to have the resources they are contrary to the requirements of Federal The FCC granted broadcasters the added need to get the job done. When the Congress age discrimination statutes. flexibility to help preserve free, over-the-air tel- approves legislation authorizing specific legis- On October 23, 2003, the Senate passed a evision, which is losing ground to cable and lative initiatives, we ought to fully fund them. similar amendment by Senator HARKIN barring satellite service. Since 2002, cable program- H.R. 2673 provides $7.8 billion less than Treasury from finalizing these illegal regula- ming has had more primetime viewers than Congress promised in the No Child Left Be- tions. These two amendments served as the broadcast programming, and its lead is in- hind Act and falls 45 percent short in special foundation for the final legislative language creasing. This is particularly significant be- education funding promised under the Individ- which requires the Secretary to submit to the cause broadcasters depend exclusively on ad- uals With Disabilities Education Act (IDEA) re- Congress proposed legislation to remedy the vertising, while cable and satellite providers authorization bill that passed earlier this year. harm that these cash balance plans do to benefit not only from rapidly increasing adver- It also freezes Pell Grant awards at a time older workers. This legislative language also tising revenue, but subscription revenue, as when State universities are drastically increas- bars the Treasury Department from finalizing well. By preventing broadcasters from making ing tuition costs and underfunds by 18 percent its illegal regulations on cash balance pension limited and reasonable acquisitions to improve the funds necessary for Impact Aid. H.R. 2673 plans. their economies of scale and operating effi- also establishes a private school voucher pro- Now, I understand that report language has ciencies, we jeopardize the continued viability gram for students who live in the District of been added that attempts to rewrite the legis- of free television broadcasting. Columbia, moving Congress a step closer to lative history of this provision by stating that Adding insult to injury, this bill will forbid the abandoning our historical commitment to pub- the intent of this legislative language is not to FCC from raising or lowering the 39 percent lic schools and establishing the first Federal call into question the validity of cash balance limit as market conditions continue to change. subsidies for getting a private school edu- plans. In fact, the bill eliminates the FCC’s authority Well, Mr. Speaker, that is exactly the intent cation. to periodically review even ‘‘rules relating to As a former prosecuting attorney and juve- of this provision. There is no doubt. This legis- the 39 percent national audience reach limita- lative provision is included in the final bill be- nile officer, I have worked closely with law en- tion.’’ Eliminating the FCC’s discretion over the fore the House because Members of this body forcement officials. Law enforcement per- national audience-reach limit in this manner is and the other body have grave doubts about sonnel play a critical role in protecting Mis- unwise. Congress created the FCC to avoid the legality of cash balance pension plans. souri communities from the scourge of meth- having to pass legislation every time condi- While this report language in no way dilutes amphetamine abuse and other crimes and tions change. By requiring Congress to act the effect of the legislative ban on Treasury fi- from the threats posed by terrorism. Congress whenever fine-tuning becomes necessary is nalizing its cash balance regulations, it is a has a duty to provide adequate funding for not only impractical, but it stifles the media cynical attempt to hoodwink the courts consid- marketplace. Moreover, the rush to judgment those who protect us in our hometowns. ering the validity of these cash balance plans is not even necessary here, as the Third Cir- Under H.R. 2673, State and local law enforce- into believing that Congress has not spoken cuit has prevented the FCC’s rule from taking ment is funded at $500 million below last on this issue. It was no doubt carefully crafted effect while the court considers it on appeal. year’s levels. by lobbyists with the express intent of using it As the holidays approach, millions of Ameri- Unfortunately Mr. Speaker, the provision con- in a legal brief. cans are still facing unemployment. While eco- tained in this bill may just be yet another nail Mr. Speaker, the debate on my amendment nomic news has indicated that the numbers of in the coffin of free, over-the-air television, as and Senator HARKIN’s are clear. None of us in broadcasters find it increasingly difficult to jobless Americans decreasing, Congress must this Chamber are fooled by this non-binding grow when faced with the tightened broadcast work to extend unemployment benefits to report language and I trust that the esteemed ownership cap, and as business models con- those who are not so fortunate. Time and courts of this country will not be either. tinue to turn toward cable and satellite service. again, we have worked in a bipartisan manner Mr. SERRANO. Mr. Speaker, we are near- Mr. SKELTON. Mr. Speaker, the House is to assist unemployed Americans. I am dis- ing the finish of this session of the 108th Con- meeting today—69 days after the beginning of appointed that the House leadership has failed gress, and I am sure most Members will be the fiscal year—to debate H.R. 2673, a colos- in this regard, especially at this time of year. heartily glad to see it end. sal $328 billion spending bill that includes 7 of Mr. Speaker, H.R. 2673 shortchanges Today, we are considering an Omnibus bill the 13 annual appropriations measures for fis- teachers and students, law enforcement per- making appropriations for departments and cal year 2004. sonnel, and unemployed Missourians. Appro- agencies that ought to be funded in seven The gentleman from Florida, Mr. YOUNG, priations bills should speak to our priorities as separate appropriations bills, which have been and the gentleman from Wisconsin, Mr. OBEY, a nation. I cannot support this measure that held up by various obstacles, including insuffi- have worked diligently this year to pass the sets our country on a course of misplaced pri- cient allocations and controversial riders—or annual spending bills one-by-one. However, orities. riders to stop controversial administration poli- as it became apparent that the Congress Mr. SANDERS. Mr. Speaker, I would like to cies. could not approve these measures individ- commend Subcommittee Chairman ISTOOK, On the matter that should be in a separate ually, congressional leaders began working to Subcommittee Ranking Member OLVER, Chair- bill for the Departments of Commerce, Justice, fit them together into one catch-all bill, like the man YOUNG and Ranking Member OBEY for in- and State, the Federal Judiciary, and several pieces of a $328 billion puzzle. Unfortunately, cluding a provision I have been fighting for important related agencies, we began with a the pieces of this puzzle are not fitting to- during the last several years to protect work- bad budget allocation that has gotten worse gether in a way that benefits the American ers negatively impacted by illegal, age dis- and will be further reduced by across-the- people. criminatory cash balance pension plans. board cuts, both within our division of the Om- I will oppose H.R. 2673 because it breaks Mr. Speaker, as you know, on September 9, nibus and across the government. promises Congress made regarding education, 2003, this House overwhelmingly passed by a I must say that our chairman, the gentleman it cuts necessary Federal funds for State and vote of 258 to 160 an amendment I offered to from Virginia (Mr. WOLF) is not to blame for local law enforcement, and fails to extend un- the Fiscal Year 2004 Transportation-Treasury the deficiencies in our portion of this bill. employment benefits for thousands of Missouri Appropriations bill barring the Treasury De- Throughout the process, he has been very fair workers who are currently out of work this hol- partment from helping to overturn the court and has sought to produce the best possible iday season. decision in the Southern District of Illinois bill, given the limited resources his leadership Education remains a top priority of the peo- brought by IBM employees against IBM’s cash gave him to work with. For that, I thank him ple of Missouri. When I am back home, I fre- balance pension plan. very much.

VerDate jul 14 2003 04:26 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00092 Fmt 0636 Sfmt 9920 E:\CR\FM\A08DE7.053 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12839 I also cannot thank the staff enough for all mestic law enforcement agencies with the per- Furthermore, Congress’s removal of the their hard work, long hours, and time away sonnel and resources they need; the commer- LSC private money restriction may well en- from their families. Mike Ringler, Leslie cial, statistical, and environmental activities of courage increased charitable donations to our Commerce Department; our foreign policy the more than 150 independent LSC recipi- Albright, Christine Ryan Kojac, and John ents that serve the working poor, veterans, Martens for the majority, as well as Anne establishment; and such crucial agencies as the elderly, victims of domestic violence, Marie Goldsmith and Alan Lang, this year’s the Federal Communications Commission family farmers and people with disabilities detailees, have worked closely with Rob (FCC), the Federal Trade Commission (FTC), in every county and Congressional District Nabors and David Pomerantz of the Demo- the Securities and Exchange Commission in the Nation. cratic staff and Lucy Hand, Nadine Berg, and (SEC), and the Small Business Administration Thank you very much for your support and Diaraf Thiouf of my staff and my Presidential (SBA). continued leadership on behalf of America’s Management Interns Pete Balfe and Erin Mr. Speaker, in the end, however most families. McKevitt. Members vote on the Omnibus Appropriations Sincerely, Brennen Center for Justice at NYU However, the allocation is still too small, and bill—and I recognize that many crucial pro- grams would suffer under a long-term con- School of Law; International Union, I am seriously concerned about its impact on UAW; National Legal Aid and Defender very important government functions in law tinuing resolution—I must emphasize that the Association; Center for Law and Social enforcement, the judiciary, foreign affairs, and resource allocation that has yielded Division B Policy; National Organization of Legal other areas. I am alarmed that the amounts of the Omnibus, which funds the agencies in Services Workers, UAW Local 2320; Na- we have worked out in conference with the the jurisdiction of the Commerce, Justice, tional Immigration Law Center; Open Senate will be reduced by across-the-board State, Judiciary, and Related Agencies Sub- Society Policy Center; Association of cuts. We fought hard for adequate funding, for committee, is grossly inadequate and may the Bar of the City of New York; Com- prove damaging to the national interest. munity Service Society of New York; example, for the FBI and other law enforce- National Council of La Raza; Council on NOVEMBER 20, 2003. ment, but even those amounts face dev- Foundations Independent Sector; Na- Hon. FRANK R. WOLF, astating cuts. tional Council of Nonprofit Associa- Chairman, Subcommittee on Commerce, Justice, Among the most worrisome deficiencies are tions; National Committee for Respon- State and Judiciary, Committee on Appro- the State and local law enforcement programs. sive Philanthropy; OMB Watch; Char- priations, Washington, DC. ity Lobbying in the Public Interest; Al- Most of them are at barely acceptable levels, Hon. JOSE´ E. SERRANO, liance for Justice; Nonprofit Coordi- before the across-the-board cuts, but the Ranking Member, Subcommittee on Commerce, nating Committee of New York. Local Law Enforcement Block Grant, funded at Justice, State, and Judiciary, Committee on nearly $400 million last year, falls to $225 mil- Appropriations, Washington, DC. COMMITTEE ON THE JUDICIARY, lion this year, before the across-the-board DEAR CHAIRMAN WOLF AND CONGRESSMAN SERRANO: We write to thank for your tre- Washington, DC, September 23, 2003. cuts. Even relatively small programs had to be Hon. JOSE´ SERRANO, cut, such as the Police Integrity grants, which mendous leadership on behalf of America’s families by supporting increased funding for Ranking Member, Subcommittee on Commerce, falls from nearly $17 million in fiscal year 2003 the Legal Services Corporation in the Fiscal Justice, State, Judiciary and Related Agen- to $10 million. We are asking State and local Year 2004 Commerce, Justice, State, the Ju- cies, Committee on Appropriations, House of governments to do more to protect our people, diciary and Related Agencies Appropriations Representatives, Washington, DC. as the resources available to support this work Bill introduced in your Subcommittee. DEAR CONGRESSMAN SERRANO. We greatly decline. However, we also write to express our re- appreciate your efforts to secure additional Another alarming problem is the Manufac- gret that for the past several years this bill funding for the Legal Services Corporation in the 2004 Commerce, Justice, State, the Ju- turing Extension Partnership (MEP) program, has included a restriction that severely lim- its the manner in which independent civil diciary and Related Agencies Appropriations which this year falls from over $106 million to legal aid programs funded by LSC can spend bill (CJS). You know as well as any of us the just under $40 million, before the across-the- their own private, state and local funds. importance of providing affordable legal board cuts. This is a severe blow to a very im- This ‘‘private money’’ restriction annually services to our country’s most needy. portant program, at a time when manufactur- encumbers more than $300 million in non-fed- We write today because, like you, we are ers need help. I can only hope that in fiscal eral money, and harms communities in two increasingly concerned about an unfair and year 2005 we can get back to a more appro- distinct ways. First, the restriction imposes unnecessary provision in the CJS Appropria- costly government obstacles to private phi- tions bill that restricts the use of private priate level. lanthropy. Second, the restriction closes the One last agency I would like to mention is and other non-federal funds by independent doors of justice to many low-income individ- legal service providers funds in part by LSC. the Legal Services Corporation (LSC) We had uals and families unable to afford necessary The ‘‘private money restriction’’ encumbers tried to stabilize LSC’s funding this year, but legal representation in civil matters. more than $300 million annually in non-fed- across-the-board cuts will undercut that goal. The undersigned groups write to express eral funds—money that could be used to pro- Beyond that, there is growing concern that lim- our support for amending the LSC appropria- vide critical legal assistance to our society’s its on the uses of private money donated to tion in order to end this governmental inter- most vulnerable individuals and families. independent LSC grantees are hurting Amer- ference with non-federal funding for legal aid The private money restriction burdens inde- nonprofits. We urge you to continue your pendent legal service providers with unwar- ica’s low-income families and imposing unwar- tremendous leadership on behalf of Amer- ranted government restrictions on the private ranted costs; it impedes private charitable ica’s families by guiding efforts to end this initiatives, and it undermines our Nation’s sector. The administration does not tolerate unfairness. promise of equal justice for all. In particular, we hope you will support re- such interference with the privately funded reli- It is our hope that the Committee on Ap- moval of the private money restriction be- gious activities of its faith-based grantees. It— propriations will revisit the private money cause the restriction improperly interferes and we—would not tolerate such interference restriction when it considers the 2005 CJS with the right of private philanthropies and Appropriations bill. We urge you to continue with privately funded secular activities also other non-federal donors—including state your leadership on behalf of America’s fami- dedicated to helping families in need. I am and local governments—to determine the lies by guiding efforts in your Subcommittee hopeful that next year we can address these purposes for which their charitable dona- restrictions on privately donated funds. At this tions will be used. In addition, the restric- to end this unfairness. Sincerely, point, Mr. Speaker, I ask unanimous consent tion interferes with the right of non-federal donors to select those local institutions best John Conyers Jr., Howard L. Berman, to submit for the RECORD letters I have re- Rick Boucher, Robert C. Scott, Zoe ceived on this issue. equipped to carry out the purposes of their charitable donations. Lofgren, Maxine Waters, William D. I am also alarmed by the process that got By removing the private money restric- Delahunt, Tammy Baldwin. us to this point. The Republican leadership tion, but keeping intact restrictions that Adam B. Schiff, Jerrold Nadler, Melvin has imposed policies that are not supported control activities financed with federal LSC L. Watt, Sheila Jackson-Lee, Martin T. by the majority of the American people, the funds, Congress would properly place inde- Meehan, Robert Wexler, Anthony D. Congress, or the conferees—in our sub- pendent LSC recipients in the same position Weiner, Linda T. Sanchez. committee’s division, the dead-of-night ‘‘com- as nonprofit grantees of other federal enti- Mr. DUNCAN. Mr. Speaker, the conference promise’’ on media ownership. The gun provi- ties which are permitted to use their non- report (108–401) for H.R. 2673, the Consoli- federal funds free of unwarranted restric- dated Appropriations Act of 2004, contains sions are also different from what was agreed tions. This would bolster the mission of LSC to by the conferees. as a model public-private partnership dedi- very important language within the FAA, oper- Mr. Speaker, if we can find $87 billion for a cated to supporting independent and ac- ations section regarding improving our existing war we didn’t have to fight, we ought to be countable local programs that set their own commercial air fleet’s flight data and cockpit able to find the resources to support our do- priorities based on community need. voice recorder standards.

VerDate jul 14 2003 05:20 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00093 Fmt 0636 Sfmt 9920 E:\CR\FM\A08DE7.077 H08PT1 H12840 CONGRESSIONAL RECORD — HOUSE December 8, 2003 Specifically, this language request that the security teams and transportation safety offi- and the ranking minority member of the House FAA seriously review the potential of transfer- cials must have immediate access to the flight Committee on Appropriations as occurred on ring the U.S. military’s deployable flight data recorders to determine the appropriate re- July 22, 2003, with respect to any existing pat- recorder technology into our commercial air sponse. ents on stem cells.’’ fleet. The deployable technology presents us with The manager’s statement refers to my dis- I am very pleased that this language was in- ability to ensure immediate and complete ac- cussion with Chairman DAVID OBEY, when I cluded as it reflects the goals I am seeking to cess to the flight recorders today, as our explained that the amendment ‘‘only affects implement within the legislation that I intro- United States Navy has successfully tested, patenting human organisms, human embryos, duced earlier this year, H.R. 2632, the Safe developed and used the deployable recorder human fetuses or human beings.’’ In response Aviation Flight Enhancement (SAFE) Act. technology for years on aircraft including the to Chairman OBEY’s inquiry, I pointed out that Congress has previously showed interest in Navy’s F/A–18EF Super Hornet fleet. The there are existing patents on stem cells, and the deployable technology and requested with- deployable technology is capable of meeting that this amendment would not affect such in the FY2001 Transportation Appropriations the needs of the commercial industry and is patents. Bill, that the FAA issue a report to Congress designed to ‘‘deploy’’ from the aircraft during a Here I wish to elaborate further on the exact on the benefits and advisability of using accident, which allows it to land outside of the scope of this amendment. The amendment deployable flight recorders in the commercial crash impact site, thus avoiding becoming en- applies to patents on claims directed to or en- fleet. This report was issued in the December snared within the aircraft wreckage and the di- compassing a human organism at any stage of development, including a human embryo, 4, 2001 Future Flight Data Collection Com- rect impact forces and fire intensity of the fetus, infant, child, adolescent, or adult, re- mittee Final Report and detailed the United crash. The deployable recorder is also de- gardless of whether the organism was pro- States military’s successful use of the signed to float indefinitely in cases of a water duced by technological methods (including, deployable recorder technology, concluding crash. but not limited to, in vitro fertilization, somatic that it would be acceptable to incorporate the The use of the deployable recorder in the cell nuclear transfer, or parthenogenesis). This deployable recorder technology within the commercial air fleet would provide the same amendment applies to patents on human or- NTSB’s 1999 recommendation to improve benefits that it does for the military and would ganisms regardless of where the organism is flight recorder standards. present an obvious way to maximize our abil- located, including, but not limited to, a labora- The 1999 NTSB recommendations that the ity to ensure the survivability and quick tory or a human, animal, or artificial uterus. FAA’s report is referring to were issued as a recoverability of flight recorders. Some have questioned whether the term Again, I am pleased that Congress ad- result of a history of delay in black box recov- ‘‘organism’’ could include ‘‘stem cells’’. The dressed this very important issue to encour- ery and lost data due to crash damages in answer is no. While stem cells can be found some of our countries most recent and dev- age the FAA to move expeditiously in formu- in human organisms (at every stage of devel- astating air accidents. lating regulations to address the need for im- opment), they are not themselves human or- Following a series of air accidents where proved flight recorders and that Congress ganisms. This was considered the ‘‘key ques- critical flight recorder information was lost, the would like the deployable technology to be tion’’ by Senator HARKIN at a December 2, NTSB issued recommendations A–99–16 considered within the context of the dual-com- 1998 hearing before the Senate Appropria- through 18, which called on the FAA to require bination recorder recommendation issued by tions Subcommittee on Labor, Health and improved recorder capabilities and the installa- the NTSB in 1999. Human Services and Education regarding em- tion of two sets of combination flight data and Such improvements will help us ensure that bryonic stem cell research. Dr. Harold cockpit voice recorders in commercial aircraft our safety and security officials will have im- Varmus, then director of the NIH testified ‘‘that to ensure the survival and recovery of at least mediate and complete access to the recorders pulripotent stem cells are not organisms and following an aviation crash and make great one set of recorders. are not embryos . . .’’ Senator HARKIN noted: It is important to note that the intention of strides in protecting the American people. ‘‘I asked all of the scientists who were here the Conferee’s language on deployable re- Mr. WELDON of Florida. Mr. Speaker, on before the question of whether or not these corders within the FAA, operations section of July 22, 2003, I introduced an amendment to stem cells are organisms. And I believe the the FY2004 Omnibus appropriations con- provide congressional support for the current record will show they all said no, it is not an ference report is that the FAA evaluate the U.S. Patent and Trademark Office (USPTO) organism.’’ Dr. Thomas Okarma of the Geron deployable technology within the context of in- policy and practice against approving patent Corporation stated: ‘‘My view is that these corporating the deployable recorder system as claims directed to human organisms, including cells are clearly not organisms . . . in fact as one of the two combination recorder systems human embryos and human fetuses. The we have said, are not the cellular equivalent of recommended in the NTSB’s 1999 rec- House of Representatives approved the an embryo.’’ Dr. Arthur Caplan agreed with ommendations. amendment without objection on July 22, this distinction, saying that a stem cell is ‘‘ab- I am hopeful that the FAA will move swiftly 2003, as section 801 of the Fiscal Year 2004 solutely not an organism.’’ There was a unani- on this, since 4 years have passed and these Commerce/Justice/State Appropriations Bill. mous consensus on this point at the 1998 recommendations have yet to be addressed. The amendment, now included in the Omnibus hearing, among witnesses who disagreed on The terrorist attacks of 9/11 opened the Na- appropriations bill as section 634 of H.R. many other moral and policy issues related to tion’s eyes to the face that our skies are vul- 2673, reads as follows: ‘‘None of the funds ap- stem cell research. nerable to more than mechanical or human propriated or otherwise made available under The term ‘‘human organism’’ includes an or- error. One of our best examples of what can this Act may be sued to issue patents on ganism of the human species that incor- occur when we do not have immediate access claims directed to or encompassing a human porates one or more genes taken from a non- to this information following a crash was dem- organism.’’ human organism. It includes a human-animal onstrated in the aftermath of the TWA 800 The current Patent Office policy is that hybrid organism (such as a human-animal hy- crash. This accident clearly illustrated the ‘‘non-human organisms, including animals’’ are brid organism formed by fertilizing a non- pressures investigators are under to rule out patentable subject matter under 35 U.S.C. human egg with human sperm or a human the potential of terrorism and quickly identify 101, but that human organisms, including egg with non-human sperm, or by combining the safety concerns. At the outset of TWA 800 human embryos and human fetuses, are not a comparable number of cells taken respec- crash investigation, there was intense specula- patentable. Therefore, any claim directed to a tively from human and non-human embryos). tion that a ground-to-air missile was the cause living organism must include the qualification However, it does not include a non-human or- of this disaster. For every day that went by as ‘‘non-human’’ to avoid rejection. This amend- ganism incorporating one or more genes taken we search the ocean floor for the recorders, ment provides unequivocal congressional sup- from a human organism (such as a transgenic the speculation and questions mounted about port for this current practice of the U.S. patent plant or animal). In this respect, as well, my the potential of terrorism. Ultimately, it took 7 office. amendment simply provides congressional days and millions of dollars to recover those House and Senate appropriators agreed on support for the Patent Office’s current policy fight recorders from the bottom of the ocean report language in the manager’s statement and practice. and eventually, investigators and explosive’s on section 634. The statement reads: ‘‘The This amendment should not be construed to experts led us to the understanding that it was conferees have included a provision prohib- affect claims directed to or encompassing sub- an accidental fuel tank explosion, not terrorism iting funds to process patents of human orga- ject matter other than human organisms, in- that was responsible for the crash. nisms. The conferees concur with the intent of cluding but not limited to claims directed to or Post 9/11, we cannot afford to be faced with this provision as expressed in the colloquy be- encompassing the following: cells, tissues, or- a similar situation of uncertainty. Our national tween the provision’s sponsor in the House gans, or other bodily components that are not

VerDate jul 14 2003 04:26 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00094 Fmt 0636 Sfmt 9920 E:\CR\FM\A08DE7.080 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12841 themselves human organisms (including, but form the same work. The President’s ‘‘Com- And lastly, language was included to pre- not limited to, stem cells, stem cell lines, petitive Sourcing Initiative’’ is aggressively vent public scrutiny of corrupt gun dealers. genes, and living or synthetic organs); hor- forcing federal agencies to allow private con- ATF has indicated analysis of crime gun mones, proteins or other substances produced tractors to bid for hundreds of thousands of traces and multiple sale reports has yielded a by human organisms; methods for creating, jobs currently being performed by federal em- series of gun ‘‘trafficking indicators’’ that can modifying, or treating human organisms, in- ployees. Earlier this year, the Administration be linked to particular firearms dealers. cluding but not limited to methods for creating rewrote the rules governing competitions be- ATF has always made this information avail- human embryos through in vitro fertilization, tween public employees and private sector able to the public through Freedom of Informa- somatic cell nuclear transfer, or contractors. tion Act (‘‘FOIA’’) requests, which allow for parthenogensis; drugs or devices (including The House is on record as rejecting those vital public oversight of the effectiveness of prosthetic devices) which may be used in or new rules because those rules so blatantly fa- the Agency. Under the provision in the omni- on human organisms. vored contractors over federal employees. And bus appropriations bill, ATF will not be allowed Jamed Rogan, undersecretary of the U.S. on a bipartisan basis, appropriations conferees to release trace or multiple sale data, thereby Patent and Trademark Office, has stated in a last month agreed to certain basic protections gutting the purposes of FOIA, and effectively November 20, 2003, letter to Senate appropri- for all federal employees. Unfortunately, after shielding the most corrupt firearms dealers ators: ‘‘The USPTO understands the Weldon the conference was closed on the Transpor- from public scrutiny. Amendment to provide unequivocal congres- tation Treasury Appropriations bill, OMB reg- The NRA lobbied hard for these favors sional backing for the long-standing USPTO istered last minute objections, and the Repub- which do nothing to keep American families policy of refusing to grant any patent con- lican leadership rewrote the bill to eliminate or safe, but rather advance another well-con- taining a claim that encompasses any member truncate those basic protections for federal nected special interest. Worse, they could ac- of the species Homo sapiens at any stage of workers. tually contribute to more illegal gun purchases, development . . . including a human embryo For example, the bill, before us no longer in- meaning more criminals with guns. cludes language giving federal employees the or human fetus . . . The USPTO’s policy of We should be working to prevent firearms right to contest agency competitive sourcing rejecting patent application claims that encom- from falling into the wrong hands. Instead, this decisions, and it no longer even requires that pass human lifeforms, which the Weldon Administration and Congressional leadership an agency achieve significant cost savings on Amendment elevates to an unequivocal con- continues to roll back commonsense gun safe- all privatizations. Mr. Speaker, it is time to end gressional prohibition,, applies regardless of ty measures that save lives. We can, and the assault on federal workers. Vote no on this the manner and mechanism used to bring a must, do better. bill. We can do better. human organism into existence (e.g., somatic Ms. JACKSON-LEE of Texas. Mr. Speaker, Mrs. McCARTHY of New York. Mr. Speaker, the House will consider the conference report cell nuclear transfer, in vitro fertilization, par- like many of my colleagues, I have concerns thenogenesis).’’ Undersecretary Rogan con- on H.R. 2673, the Agriculture Appropriations with numerous provisions in this omnibus bill. bill for FY 2004. This has become the omni- cludes: ‘‘Given that the scope of Representa- Among them are three that may actually con- tive WELDON’s amendment . . . is full con- bus spending bill for enacting the remaining tribute to violent crime in our communities and seven appropriations bills—Agriculture, VA– sistent with our policy, we support its enact- aid terrorists. These NRA-backed provisions HUD, Labor-HHS, District of Columbia, Com- ment.’’ were added in the dead of night to the benefit merce-Justice-State, Foreign Operations, and The advance of biotechnology provides of gun manufacturers and criminals who ob- Treasury-Transportation. The bill would fund, enormous potential for developing innovative tain guns illegally. science and therapies for a host of medical The first weakens the highly successful for the fiscal year that began two months ago, needs. However, it is inappropriate to turn Brady Bill by requiring federal authorities to 11 of the 15 Cabinet departments, several nascent individuals of the human species into destroy all firearm purchase records within 24 independent government agencies, and the profitable commodities to be owned, licensed, hours instead of 90 days as under current law. District of Columbia government—and makes marketed and sold. This provision weakens law enforcement’s up $328 billion of the total discretionary budg- Congressional action is needed not to ability to stop illegal gun purchases and re- et for the year. Currently, these departments change the Patent Office’s current policy and jects a July 2002 GAO study which concluded are operating under a continuing resolution practice, but precisely to uphold it against any that a ‘‘next-day destruction policy . . . would funding the government through January 31, threat of legal challenge. A previous Patent have public safety implications and could less- 2004. Office policy against patenting living orga- en the efficacy of current operations.’’ Nearly This measure is not only an irresponsible nisms in general was invalidated by the U.S. one million illegal gun purchases have been way to govern, but more importantly it rep- Supreme Court in 1980, on the grounds that stopped since the Brady law went into effect. resents misplaced priorities. This session of the policy has no explicit support from Con- Now is not the time to tie the hands of law en- Congress has proven again that Republican gress. In an age when the irresponsible use of forcement officials who tirelessly work to keep policies are making it harder for Americans to biotechnology threatens to make humans guns out of the hands of criminals. succeed. Democrats want to put American themselves into items of property, of manufac- Another provision would protect ‘‘bad apple’’ families first. We will continue to fight to create ture and commerce, Congress cannot let this gun dealers. For example, the snipers who jobs, make health care more affordable, honor happen again in the case of human orga- terrorized Maryland, Virginia, and Washington, our veterans, and return America to prosperity. nisms. D.C. obtained the assault rifle used in their The following highlights some of the defi- I urge my colleagues to support this Omni- sniper attacks from a Tacoma, Washington ciencies of the omnibus bill. bus in defense of this important provision gun store called Bull’s Eye Shooter Supply. This measure excludes a provision to block against human patenting. After the sniper suspects were apprehended Bush Administration regulations that would Mr. WAXMAN. Mr. Speaker, I rise today to and the gun was recovered and traced, Bull’s deny overtime pay to 8 million employees. discuss the privatization provisions of this bill, Eye claimed to have no record of selling the This provision to protect the pay of middle-in- provisions that govern when federal jobs are gun, and did not even know it was missing come Americans was agreed upon by a ma- given to private contractors under an obscure until the shooting spree was over. The snipers’ jority of both bodies, and yet was dropped in Office of Management and Budget (OMB) Cir- gun was just one of more than 238 firearms the backroom deals at the 11th hour at the in- cular called A–76. ‘‘missing’’ from Bull’s Eye’s inventory during sistence of the Bush Administration. At a time It is becoming increasingly clear that the the previous three years. when people are working harder and longer Bush administration has declared war on fed- This provision would essentially block ATF just to make ends meet, this measure permits eral employees. Under the guise of reform, it from requiring gun dealers like Bull’s Eye to a cut in the pay of millions of workers, includ- has stripped hundreds of thousands of federal take regular inventories of their firearms. In ing firemen and policemen, licensed practical employees of basic rights, like the right to ap- August 2000, ATF issued a proposed rule re- nurses, and air traffic controllers. peal unfair treatment and the right to collective quiring licensed dealers to do annual physical Even though education is a top priority of bargaining. It has opposed modest cost-of-liv- inventories. The rulemaking proceeding is still the American people, this measure provides ing increases for rank and file employees pending. If anything, Congress should require $39 million less for education than the inad- while at the very same time supporting large ATF to issue this rule. Instead, this legislation equate House bill, after subtracting the $318 cash bonuses for political employees. would block ATF from ever issuing this re- million in earmarked projects added in con- But the Administration’s most direct assault quirement as a final rule. This would severely ference. This measure fails to meet the prom- on federal employees is the effort to terminate hamstring ATF’s ability to address what it has ised education investment promised in the No federal jobs and hire private companies to per- stated is a serious problem. Child Left Behind Act—providing $7.8 billion

VerDate jul 14 2003 04:26 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00095 Fmt 0636 Sfmt 9920 E:\CR\FM\A08DE7.081 H08PT1 H12842 CONGRESSIONAL RECORD — HOUSE December 8, 2003 less than was promised. Like the House- gress to block FCC regulations permitting plus $1.6 billion from the collections fund for passed bill, this measure shortchanges help broadcast networks to expand. In June, the Medical Services; $5 billion for Medical Admin- with the basics of math and reading by $6.2 FCC relazed several media ownership rules istration; $4 billion for Medical Facilities and billion compared to that promised in No Child and raised the television station cap, saying $408 million for Medical Research—a total of Left Behind—leaving more than 2 million chil- broadcast networks can buy more stations and $1.57 over the budget request. dren behind. It also falls $751 million short for expand their reach to 45 percent of the na- Fully funds the President’s request for Vet- after-school centers promised in the No Child tional audience, up from 35 percent. Both the erans State Extended Care Facilities bringing Left Behind Act. The additional funds would House and the Senate passed provisions to total funding to $102 million, $3 million above have provided expanded learning opportunities keep the cap at 35 percent, but the con- last year’s level. for 1 million children. The conference report ference agreement specifies that the TV sta- The conference agreement includes bill falls $352 million short of the $3.3 billion tion cap will be raised to 39 percent of the na- $57,000,000 from local funds for making re- promised (in real terms) to states for improv- tional audience—allowing several networks to funds associated with disallowed Medicaid ing teacher quality; as a result, approximately expand their reach and consolidate the indus- funding as proposed by both the House and 78,000 fewer teachers will receive high quality, try. However, Mr. Chairman, even though I will Senate. federally-supported professional development. not be supporting this bill, there are some very In conclusion, Mr. Speaker, it is unfortunate This conference report falls 45 percent short in good things in this bill. I am glad for the AIDS that the Democrats were locked out of the ap- propriations process and that the Democrats special education funding promised under the funding which: were not able to participate, which is one of IDEA—Individuals with Disabilities Education Provides a total of $1.646 billion global as- the many reasons why I cannot support this Act—reauthorization bill passed earlier this sistance to combat HIV/AIDs, tuberculosis and malaria, most of which is within the Child Sur- legislation. year. Mr. ROHRABACHER. Mr. Speaker, I am Not only does it shortchange education re- vival and Health Programs Fund. $754 million encouraged by the conferees direction regard- form, it contains private school vouchers which in global assistance is anticipated in the ing NASA at this critical time. In the wake of harm public schools. The measure includes Labor-HHS appropriations, bringing total fund- the Columbia tragedy, NASA’s practice of $14 million for a new private school voucher ing to $2.4 billion; over-promising, over-marketing, and under-es- program for the District of Columbia. Private International HIV/AIDS, TB and Malaria pro- timating the costs for its programs cannot be school vouchers drain much-needed resources grams are funded at $754 million are in- tolerated any longer. creased $50 million over the request. I like the away from public education where all children I applaud Chairman WALSH for his commit- can benefit, and reduces accountability. fact the bill has the Ryan White AIDS program ment in getting NASA to rethink its priorities Mr. Speaker, I am gratified by what is in the which is increased by $64 million over FY03 relating to human space flight. We must now bill regarding veterans’ health care, paid for by with total funding of $2 billion; and ensure that the return to flight of the Space cutting funds to process veterans’ benefits and Housing Opportunities for Persons with Shuttle is not a return to business as usual. I compensation claims. The conference agree- AIDS (HOPWA) is funded at the president’s support the Science Committee Chairman’s ment provides $1.1 billion more than the request of $297 million, $7 million above last position that we cannot perpetuate the Space President requested veterans’ health care, but year. Shuttle and Space Station indefinitely, and still fails to keep the promise made by Repub- SECTION 8 HOUSING that any new program has to come with an af- licans in the budget resolution—taking into ac- Disabled Housing—Section 811—is funded fordable price tag. I do believe, however, that count the across-the-board cut and not count- at the requested level of $250 million. we need a bold vision for NASA. I think we ing rescinded funds. After Republicans voted Includes $12.1 billion for Section 8 voucher should return to the Moon, but this time to to cut veterans’ health care by $14 billion, they renewals, $810 million more than FY03 and stay. agreed to provide an additional $1.8 billion in $205 million more than the request. This will When the notion of an Orbital Space Plane the budget resolution because of Democratic fully fund all authorized vouchers based on a was introduced, I welcomed it as a significant pressure. 96% lease up rate and the most current cost sea change in NASA’s approach to space However, this conference agreement sub- estimates. transportation development. One year later, jects all veterans’ programs to a 0.59 percent HOPE VI MONEY however, NASA is still struggling with what it across-the-board cut—so some of the in- Appropriates $150,000,000 for the revitaliza- has touted as a simple design. According to crease in veterans’ health care is in effect paid tion of severely distressed public housing pro- NASA, OSP doesn’t replace the Shuttle, and for through cuts to other veterans’ programs. gram (HOPE VI), instead of $195,115,000 as it’s not clear how OSP night support any fu- The most dramatic is the cut in funds needed proposed by the Senate and $50,000,000 as ture mission. At an estimated cost of $18 bil- to speed up processing of applications for vet- proposed by the House. lion over the next decade, NASA should not eran benefits and compensation. Currently, PUBLIC HOUSING MONEY go forward until there is consensus between there are 448,000 claims pending, with the av- Modernization for public housing is funded the Administration and the Hill concerning the erage time to provides a claim at 157 days. $2.7 billion, the same as last year’s level and direction of the U.S. space program. For too The across-the-board cut will reduce funding $71 million above the request. long, we endured costly development pro- for the claims administration by $6 million—re- Public Housing Operating Subsidies are grams that failed to deliver results. Unfortu- sulting in an estimated loss of 100 employees funded at $3.6 billion, $26 million above the nately, OSP is poised to head down the same needed for veterans claims processing and request and $25 million above FY03. path. We have been down this road before. benefits administration. Unfortunantly, State COMMUNITY DEVELOPMENT BLOCK GRANTS Although the conference report calls for the and Local Law Enforcement was also cut. The Community Services Block Grant Act is NASA Administrator to report to Congress on State and local law enforcement is funded at funded at $735,686,000 including for making a ISS re-supply plan by June 2004, the con- $500 million below the FY 2003 level, even payments for financing construction and reha- ferees do not go far enough in ensuring that though state and local law enforcement are on bilitation and loans or investments in private Alternative Access to Station Program (AAS) the frontline in keeping our communities business enterprises owned by community de- remains viable. Current funding for this pro- gram runs out in January 2004, and the work safe—dealing with crime and homeland secu- velopment corporations. rity. of the private sector involved with this program ETHIOPIA The Omnibus funds the Manufacturing Ex- could be potentially lost. It has been my belief tension Partnership at just $39 million, a sharp Under the ‘‘Child Survival and Health Pro- that this program has the potential to address decrease from the FY 2003 level of $106 mil- grams Fund’’, $34,000,000 shall be made the national need for a viable, near-term cargo lion. The highly successful Manufacturing Ex- available for family planning, maternal and re- transfer capability as an alternative to the tension Partnership offers small U.S. manufac- productive health activities in the Democratic Space Shuttle. With the grounding of the Shut- turers a range of services from plant mod- Republic of the Congo, Ethiopia, Nigeria, Tan- tle fleet, America is now at a vital crossroad ernization to employee training. It particularly zania, Uganda, Haiti, Georgia, Azerbaijan, concerning its ability to access space. NASA helps manufacturers adopt advanced manu- Russia, Albania, Romania, and Kazakhstan. seems to be limiting its options in this regard facturing technologies—based on the latest NASA to foreign launch capabilities. And to think sev- R&D. These modernization efforts help our be- NASA is funded at the President’s request eral years ago we were concerned with the leaguered small and mid-sized American man- of $15.5 billion, $80 million over last year. Russians in the Space Station Program’s crit- ufacturers stay competitive. VETERANS’ HEALTH ical path. We must look to domestic, commer- The conference agreement abandons the bi- Provides total resources of $28.6B for the cial solutions to address the critical need to re- partisan agreement of both bodies of Con- Veterans Health Administration: $17.9 billion supply the Space Station.

VerDate jul 14 2003 04:26 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00096 Fmt 0636 Sfmt 9920 E:\CR\FM\A08DE7.084 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12843 Given my concerns, however, the NASA In putting together our recommendations for As with all conference reports, every ele- portion of this appropriations package is a this bill, my top priorities were the core devel- ment in the bill isn’t perfect. However, I want good first step to help NASA prepare for the opment and health accounts. The President to again thank Chairman KOLBE for his friend- next chapter in the American space experi- has pledged that all funding for the Millennium ship and for working with me to accommodate ence. Challenge Initiative would be in the form of in- many of my priorities. Mrs. LOWEY. Mr. Speaker, I rise to address creases above current foreign aid spending. Mr. HOLT. Mr. Speaker, I rise to thank the the fiscal year 2004 conference agreement on Given that our 302(b) allocation was $1.7 bil- conferees of the Fiscal Year 2004 Agriculture, Foreign Operations. The agreement as con- lion below the President’s request, we had to Rural Development, Food and Drug Adminis- tained in Division D of this omnibus package make some critical choices. The bottom line is tration and Related Agencies Appropriations represents a bipartisan agreement, and most that we could only afford $650 million for the Bill for their support of a food biotechnology importantly, provides critical funding for a host Millennium Challenge Corporation in our bill. education program. I am aware of the difficult of essential programs that are vital to our na- Apparently, if a program is a ‘‘Presidential challenges the conferees faced while crafting tional security. Initiative,’’ it is not subject to budget targets, or this bill, and I am pleased that the conferees I want to thank Chairman KOLBE, and Sen- a rational approach to how much can actually included language in the conference report ators MCCONNELL and LEAHY, for working with be spent wisely in a given year. The addition that takes us one step closer to full implemen- me to finalize this agreement. The Foreign of the extra $350 million clearly violates the tation of this program. Operations portion of this bill represents a fair President’s pledge that all MCC funding be I would like to specifically thank Chairman agreement between the two Houses that stays additive. BONILLA, Ranking Member KAPTUR, Chairman within our overall allocation of $17.235 billion. As we go forward, I intend to ensure that GOODLATTE, and Ranking Member STENHOLM The agreement provides a total of $1.64 bil- the President’s pledge is kept. Outstanding for their cooperation and assistance during lion for HIV/AIDS, an increase over the House White House commitments to increase other this process. I hope that we can continue to level of more than $200 million. We have pro- areas of foreign aid spending and currently work together to find funding for this much- vided $400 million for the Global Fund to Fight unknown requirements for Iraq and Afghani- needed education program. AIDS, TB and Malaria, as well as increased stan will take foreign aid spending well over Ms. LORETTA SANCHEZ of California. Mr. funding for bilateral programs. With the $150 $20 billion next year. We cannot allow funding Speaker, I rise today to express my opposition million for the Fund in the Labor HHS bill, the for this yet-to-be-formed MCC to take prece- to the Omnibus Appropriation Bill on which we total U.S. contribution to the Global Fund for dence over vital ongoing assistance programs. will be voting today. This is an important bill. 2004 will be $550 million. The conference agreement contains funding It funds 11 federal agencies and appropriates Funds have been provided to the new Glob- for a host of different countries and programs, more than $820 billion. And although it con- al AIDS coordinator, and we have clarified the which I fully support. I want to thank the Chair- tains many important provisions that I support, authorities under which AIDS funds are pro- man for including the requirement that organi- I regret to say that the bad in this bill far out- vided in order to ensure that programs con- zations administering refugee programs ad- weighs the good. In process, it was tinue with a balanced approach to HIV/AIDS here to a ‘‘sexual code of conduct.’’ Together undemocratically constructed, often over-riding prevention, awareness and treatment. with funds provided in the recent supple- the will of the majority in both houses. In sub- stance, it is laden with individual pork projects It is my understanding that the Labor HHS mental, we have made a total of $65 million that benefit few, while it under-funds critical bill provides $443 million in direct funding for available specifically for programs to meet the and vital government programs that could ben- AIDS programs, and an additional unspecified special needs of Afghan women. In addition amount in the National Institutes of Health efit many more. $11 million is made available for women’s Let’s first look at the process. A prohibition budget for AIDS research. I want to clarify leadership training. against the FCC change in the rules for media that, while we will hear that total AIDS funding With respect to the issues surrounding fam- ownership was significally weakened in this in 2004 will be $2.4 billion, my calculations put ily planning and reproductive health, I regret Omnibus bill and the Labor Department’s new us at just over $2.3 billion. that the bill does not reverse the current re- overtime regulation was dropped entirely, de- The agreement increases Child Survival strictive Bush Administration policies on family spite the fact that both were agreed to by solid funding in every category from amounts pro- planning. Many of us wanted simply to require majorities in both Houses of Congress. vided last year, and funds Basic Education at that organizations providing assistance in for- But these are not the only reasons I have $326 million. I want to thank Chairman KOLBE eign countries not be subject to laws more re- decided to vote against this bill. I oppose this for joining with me to acknowledge the impor- strictive than the requirements of U.S. law. bill both because of the priorities it represents tance of Basic Education. Unfortunately our Unfortunately, inclusion of this language as well as for those it fails to represent. priorities had shifted away from Basic Edu- would have drawn a Presidential veto. The Remember ‘‘No Child Left Behind’’, the cation in the years leading up to September agreement does provide a total of $466 million President’s education bill that passed with 11th. This level of funding will continue the re- for family planning, which is a substantial in- such fanfare earlier this year? This Omnibus versal of that unfortunate trend by increasing crease above last year. It also provides at bill provides a total of $24.5 billion for this pro- funding by 30% over last year. least $34 million to the United Nations Popu- gram—$7.8 billion below the amount the Re- The agreement contains $650 million for the lation Fund (UNFPA), based on a Presidential publicans promised for Fiscal Year 2004. Millennium Challenge Corporation and the at- certification. I hope that we can take the Presi- In addition to this broken promise, the Ma- tendant authorization. While this corporation dent at his word in terms of his commitment jority has left our veterans behind, too. The will be independent, we have built in require- to work with China. We should work to reverse veterans medical programs portion of the bill ments for the involvement of the State Depart- its objectionable family planning policies so provides $230 million less than Republicans ment and USAID for coordination and deci- that funds can flow to UNFPA and so that we promised in their own budget resolution and sion-making. I have been opposed to the con- do not punish poor women around the world $1.7 billion below the amount proposed by cept of creating a new independent agency, because of the policies of one country. veterans’ organizations. and I remain concerned that little to no atten- The agreement contains full funding for This bill does serious damage to several tion has been paid to how these funds will be Israel, Egypt and Jordan and appropriate con- veteran programs. The most dramatic is the spent, monitored or audited. ditions on Palestinian statehood and direct as- cut in funds needed to speed up the proc- The authorization provisions provide Con- sistance. We have also included language essing of applications for these benefits. At gress with ample opportunity to consult with urging the United Nations Relief Works Agen- the present time, the Department is taking, on the Chairman of the Corporation as the effort cy to implement the recommendations of the average, 157 days to process a claim. The moves forward. recent GAO report regarding terrorism. Administration request, which the Committee An additional $350 million for the Millennium The bill restricts military training to Indo- funded, would have added no additional staff Challenge Corporation was added to this bill nesia unless the President certifies that the In- for processing claims. Veterans are not spared at the request of the President, and will be donesian military is fully cooperating in the FBI the 0.59 percent across the board cut. The cut paid for with a combination of across-the- investigations into the killing of American citi- will reduce funding for the administration of board cuts and rescission of unexpended bal- zens in Papua. claims by $4 million, which will result in the ances from FY 2003 and prior supplementals. The bill funds the request for Colombia but estimated loss of 100 employees needed for I would like to note that there is no way that requires certification on compliance with claims processing. these additional funds—bringing the total pro- human rights standards and the safety of Although the Department of Homeland Se- vided for the MCC to $1 billion—can be spent chemicals used in aerial spray eradication pro- curity is not funded in this legislation, Home- wisely next year. grams. land Security will be significally affected by

VerDate jul 14 2003 04:26 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00097 Fmt 0636 Sfmt 9920 E:\CR\FM\A08DE7.086 H08PT1 H12844 CONGRESSIONAL RECORD — HOUSE December 8, 2003 two provisions in this bill. This legislation That would show what democracy is really pansion of the Lewis and Clark Expressway. forces the rescission of $1.8 billion in prior all about. Other recipients are the Kansas City Region year supplemental appropriations, including a Ms. MCCARTHY of Missouri. Mr. Speaker, I Job Access Program, which will receive significant portion of funds for the Department rise today in opposition to H.R. 2673, the Om- $500,000 for their programs to link low income of Homeland Security. nibus Appropriations Act of 2003. Despite the families and welfare recipients to employment Homeland Security will feel the sting of the adequate funding provided for a number of centers and employment related services; and 0.59 percent across-the-board cut and will district priorities, this legislation contains the Kansas City Area Transportation Authority, have a dramatic impact on certain areas in countless flawed provisions which will harm which will use $4.7 million in funding for re- particular. The planned increase of 570 Cus- American families. placement, upgrades and improvements to toms and Immigration agents for improving The Administration’s proposal to dramati- basic transit infrastructure, including buses. border protection will have to be cut by nearly cally alter overtime rules for American workers As much as I was encouraged that these two-thirds. will make it substantially more difficult for items were included in the bill, many important It is true that passing appropriations bills is American workers to make ends meet. This projects in Kansas City and around the nation about making choices, about identifying prior- provision will take money away from Ameri- were left unfunded for partisan reasons. In my ities. I happen to believe that funding Vet- cans willing to work longer hours to provide for own district, funding for the St. Vincent Family erans’ Services and Homeland Security to pro- their families. Service Center’s Operation Breakthrough, the tect our borders with additional Customs and This legislation also features severe cuts to Independence School District, and St. Mark’s Border personnel is a critical piece to this Na- critical national priorities. State and local law United Inner City Services, all of which re- tion’s future. enforcement is funded at $500 million below ceived previous Federal funding, were all de- The Omnibus fails to provide for our chil- current levels when we are asking these he- nied funding because of this partisan vendetta. dren’s education. It shuns our veterans in their roes to do more every day to provide for our This is a dangerous precedent and I would time of need. It undermines the security of all homeland security. urge the appropriators to consider the value of of our citizens. It was done behind closed The bill also dramatically underfunds our projects independent of partisan politics. The doors and thwarts decisions made earlier this educational needs. The No Child Left Behind American taxpayers deserve no less. year by both Houses. Act will receive $7.7 billion less than was au- Mr. Speaker, I oppose this legislation. We This bill is a failure of process and sub- thorized by the Act thus there will be fewer re- can do better. Let’s work together to protect stance. I fear this bill will fail the American sources for programs in teacher training, bilin- the overtime of American workers, adequately people. I would urge my colleagues to reject gual education, and Safe and Drug Free provide for our students and veterans, and the unfair process and the unwise policies that Schools. In my own district, the teachers and give communities the support they need. flawed process has produced. faculty of Primitivo Garcia Elementary School, Mr. STARK. Mr. Speaker, I rise in opposi- Mr. DELAHUNT. Mr. Speaker, In a recent located in Westside Kansas City, have been tion to this irresponsible Omnibus spending speech, the President described democracy working hard to meet the demands of the No bill. This Republican bill is a stealth attempt to as when ‘‘governments respond to the will of Child Left Behind Act. They are already strug- impose an extremist agenda on America—an the people, and not the will of an elite.’’ gling to help their students succeed with lim- agenda that most Americans don’t support. Well, Well. ited Title I resources. This legislation fails to But, therein lies the Republican’s deceitful For the past four years, the House has offer the students and faculty of Primitivo and strategy: to hide numerous controversial provi- voted to end the ban on travel by Americans schools across the country the Federal sup- sions in the minutia and complexity of a huge to Cuba. This year, the Senate overwhelm- port they need for our children. The measure Omnibus bill, then ram it through with less ingly supported an identical provision. also fails to address our nation’s higher edu- than a few hours of debate. But it’s not in the bill before us now. cation needs. Programs such as the Pell Let’s take a moment to see what this bill ac- The President wants to keep the embargo Grant which offer higher education funding to tually includes. intact, and believes that respecting the right of the neediest American students will not re- It will deny workers their right to overtime. It Americans to travel to Cuba would be a con- ceive enough funding to meet current de- gives President Bush—despite all his false cession to Castro. A majority in both the mands. rhetoric about caring for working families—the House and Senate disagree. Our fundamental The Omnibus measures also does serious green light to impose government regulations rights as Americans should never be viewed funding damage to veteran programs. The denying overtime pay to millions of hard- as a bargaining chip. most dramatic is the cut in funds needed to working Americans. That’s right, it takes away When the Congress clashes with the White speed up the processing of applications for worker protections for fair pay. House, the President can do what he threat- veteran benefits. Currently there are 448,000 Does the bill then at least make sure work- ened to do: veto the bill. Sadly, his agents in claims pending, of which 95,000 have been in ers who can’t find jobs receive extended un- Congress took a more cowardly path. the system for more than 6 months without a employment benefits? No. Nowhere in this bill Quietly and secretly, they took the con- disposition. On average the Department is tak- is there a dime for working Americans who are ference report and had the provision erased. ing 157 days to process a claim. The adminis- unemployed. Why? Well, because Repub- No debate. No vote. No democracy. All so the tration request would have added no addi- licans simply refuse to extend unemployment President doesn’t have to decide whether to tional staff for processing claims. The 0.59% benefits to the over 2 million Americans who fulfill or break his promises to veto the bill. across the board cut will reduce funding for are suffering from long-term extended unem- Recently, during his visit to Britain, the the administration of claims by $4 million and ployment. These are folks who have been out- President said that democratic governments that will result in the estimated loss of 100 em- of-work for 26 weeks or more unable to find a honor the aspirations and dignity of their own ployees needed for claims processing. This job. His father, when he was President, ex- people. I submit that the best place to lead by comes at a time when the number of claims tended federal unemployment benefits for example is in this Capitol building. is likely to skyrocket as Iraqi war veterans these people, but this President Bush doesn’t This is now bigger than the Cuba debate. apply for benefits. In my district, the Kansas see any need to be that compassionate. This is about the fundamental credibility of the City VA Medical Center provides quality serv- While the President talks about recent mini- legislative branch of our government. ice to thousands of veterans each year. The mal job growth as if it was ‘‘mission accom- If the outcome is predetermined by the hospital’s need for skilled health care profes- plished’’ on the economy, it isn’t enough to White House, no matter how many rules get sionals continues to grow. This bill fails to pro- make up for the millions of jobs that have dis- broken in the process, then let’s suspend the vide adequate funding to meet these needs. appeared since he took office. There are still sermons on democracy. If the fix is in, let’s This legislation includes funding for a num- 14 million Americans either out of work or stop pretending. ber of projects within the Kansas City area. making due with part time employment. We Senator HAGEL has said the White House Among the programs and departments receiv- must do more to help these families survive. treats Congress like a nuisance. I ask my col- ing funding are a stormwater project in Belton, But, nothing is included in this last bill that leagues, is that all we are? the Jackson County Sheriff’s Department, the Congress will consider this year. If this institution is to be more than a mere Cabot Westside Clinic and the Liberty Memo- Of course this Republican Omnibus doesn’t nuisance, then allow democracy to work. rial Museum, which will use $100,000 for ren- stop at making life harder for working Ameri- Here. And now. When the Congress votes to ovation and $50,000 for education. The Omni- cans or ignoring Americans out of work. It also end the Cuba travel ban, send the provision to bus spending bill also includes more than $7 goes after America’s veterans. It cuts the the President. And let the system work as the million for transportation projects, such as re- budget for the Veterans Administration by founding fathers intended. construction of the Grandview triangle and ex- $443 million. This includes a $15 million cut

VerDate jul 14 2003 04:26 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00098 Fmt 0636 Sfmt 9920 E:\CR\FM\A08DE7.063 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12845 for medical care. Putting veterans health care [Roll No. 676] DeMint Langevin Roybal-Allard Deutsch Larsen (WA) Royce on a shoestring budget isn’t the way to reward YEAS—242 Dingell Larson (CT) Ruppersberger those who have fought for this country or Ackerman Gilchrest Ney Dooley (CA) Leach Ryan (OH) those who have come back critically injured Aderholt Gillmor Northup Duncan Lee Ryan (WI) from their duty in Iraq. Akin Gingrey Norwood Emanuel Levin Ryun (KS) Alexander Gonzalez Nunes Engel Lewis (GA) Sanchez, Linda This bill also hurts women’s reproductive Bachus Goode Nussle Eshoo Lipinski T. rights. It prevents federal employees from ac- Baker Goodlatte Ortiz Etheridge Lofgren Sanchez, Loretta cessing reproductive health services under the Ballenger Gordon Osborne Evans Majette Sanders Farr Maloney health plans they pay into. It prohibits the Dis- Barton (TX) Goss Ose Schakowsky Bass Granger Oxley Flake Markey Schiff trict of Columbia from offering assistance for Beauprez Graves Pastor Fossella Matheson Scott (VA) low-income women to access needed repro- Bell Green (TX) Pearce Frank (MA) Matsui Sensenbrenner ductive services. These women should not be Bereuter Greenwood Pence Franks (AZ) McCarthy (MO) Sessions Berkley Hall Peterson (PA) Garrett (NJ) McCollum Shadegg singled out and prevented from exercising Gephardt McDermott Biggert Harris Pickering Sherman Green (WI) McGovern their constitutional right to reproductive choice. Bilirakis Hart Pitts Skelton Grijalva Meehan But, that is exactly the path this bill sets us on. Bishop (GA) Hastert Platts Slaughter Gutierrez Meek (FL) Bishop (NY) Hastings (WA) Pombo Smith (WA) This bill shortchanges America’s public Gutknecht Meeks (NY) Bishop (UT) Hayes Porter Snyder Harman Menendez schools. It does this by taking a first step to- Blunt Hayworth Portman Solis Boehlert Herger Price (NC) Hastings (FL) Michaud ward a federal program of vouchers for private Hefley Millender- Stark Boehner Hinojosa Pryce (OH) Stearns schools by creating a school voucher dem- Bonilla Hobson Putnam Hensarling McDonald onstration program for Washington, DC. It Hill Miller (FL) Stenholm Bonner Hoeffel Quinn Strickland Bono Hoekstra Hinchey Miller (NC) doesn’t matter that this demonstration will take Radanovich Stupak Boozman Holden Rahall Honda Moran (VA) money away from the DC public school sys- Tancredo Boucher Holt Ramstad Hostettler Musgrave Tanner tem which serves all DC’s students, while pro- Bradley (NH) Hooley (OR) Regula Hoyer Napolitano Tauscher viding necessary funds for only a few students Brady (PA) Houghton Rehberg Inslee Neal (MA) Taylor (MS) Brady (TX) Hulshof Renzi Isakson Oberstar to attend private schools. Terry Brown (SC) Hunter Reyes Jackson (IL) Obey Thompson (CA) This bill also undermines the diversity of our Brown-Waite, Hyde Reynolds Jackson-Lee Olver Thompson (MS) media marketplace by opening the door for Ginny Israel Rogers (AL) (TX) Otter Tierney Burgess Issa Rogers (KY) Jefferson Owens the concentration of corporate power and influ- Toomey Burns Istook Rogers (MI) John Pallone ence over the public’s airwaves. Even though Burr Jenkins Ros-Lehtinen Johnson, E. B. Paul Towns the House and Senate each voted to maintain Buyer Johnson (CT) Rothman Johnson, Sam Payne Turner (TX) the existing Federal Communication Commis- Calvert Johnson (IL) Rush Jones (NC) Pelosi Udall (CO) Jones (OH) Peterson (MN) Udall (NM) sion limitations on media ownership, this bill Camp Kanjorski Sabo Cannon Kaptur Sandlin Kennedy (RI) Petri Van Hollen permits the FCC to allow greater concentration Cantor Keller Saxton Kildee Pomeroy Velazquez of media ownership. It will diminish the diver- Capito Kelly Schrock Kilpatrick Rangel Waters sity of viewpoints and programming placing Carson (IN) Kennedy (MN) Scott (GA) Kind Rodriguez Watson Carter King (IA) Serrano Kleczka Rohrabacher Watt our very marketplace of ideas in the hands of Case King (NY) Shaw Kucinich Ross Woolsey a few major media conglomerates. Chocola Kingston Shays NOT VOTING—17 With Republicans controlling the House, the Clyburn Kirk Sherwood Coble Kline Shimkus Burton (IN) Gallegly Pascrell Senate and the White House, this type of ap- Cole Knollenberg Shuster Carson (OK) Janklow Taylor (NC) propriations process in which everything is Cramer Kolbe Simmons Cubin Lantos Waxman thrown into one, huge bill should be unneces- Crane LaHood Simpson Doggett Lynch Wexler sary. But, the facts is that this bill exists be- Crenshaw Lampson Smith (MI) Filner Miller, George Young (AK) Crowley Latham Smith (NJ) Fletcher Nadler cause the Republican leadership could not get Culberson LaTourette Smith (TX) their job done. Congress did not pass 7 of the Cunningham Lewis (CA) Souder b 1523 nation’s 13 spending bills that are required to Davis (AL) Lewis (KY) Spratt Ms. KILPATRICK, Mrs. Davis, Jo Ann Linder Sullivan keep the government operating. Davis, Tom LoBiondo Sweeney NAPOLITANO, Mr. ROYCE, and Mr. But, I also suspect that the Republican lead- Deal (GA) Lowey Tauzin TOOMEY changed their vote from ership has done this on purpose—using the DeLay Lucas (KY) Thomas ‘‘yea’’ to ‘‘nay.’’ Diaz-Balart, L. Lucas (OK) Thornberry Ms. CARSON of Indiana, Mr. GREEN Omnibus bill to all their extreme objectives en- Diaz-Balart, M. Manzullo Tiahrt acted when they couldn’t pass on their own. Dicks Marshall Tiberi of Texas, and Ms. HOOLEY of Oregon After all, the House already voted down de- Doolittle McCarthy (NY) Turner (OH) changed their vote from ‘‘nay’’ to stroying overtime pay for America’s workers. Doyle McCotter Upton ‘‘yea.’’ Dreier McCrery Visclosky The Senate had been unwilling to vote on Dunn McHugh Vitter So the conference report was agreed school vouchers. And, both the House and Edwards McInnis Walden (OR) to. Senate voted down new media ownership Ehlers McIntyre Walsh The result of the vote was announced Emerson McKeon Wamp as above recorded. rules. Yet, they have all reared their ugly English McNulty Weiner heads again in the Omnibus bill that will be Everett Mica Weldon (FL) A motion to reconsider was laid on the final business the House will consider this Fattah Miller (MI) Weldon (PA) the table. year. Feeney Miller, Gary Weller Stated against: Ferguson Mollohan Whitfield If most Americans were allowed to hear a Foley Moore Wicker Mr. FILNER. Mr. Speaker, on rollcall No. real debate on this shameful and irresponsible Forbes Moran (KS) Wilson (NM) 676, due to urgent constituent support commit- bill, they would urge us to vote it down. I urge Ford Murphy Wilson (SC) ments in my Congressional District, I missed Frelinghuysen Murtha Wolf my colleagues to do just that. Frost Myrick Wu the vote. Had I been present, I would have Mr. YOUNG of Florida. Mr. Speaker, Gerlach Nethercutt Wynn voted ‘‘nay.’’ I yield back the balance of my time. Gibbons Neugebauer Young (FL) f The SPEAKER pro tempore (Mr. NAYS—176 REMOVAL OF NAME OF MEMBER LATOURETTE). Without objection, the Abercrombie Blumenauer Conyers AS COSPONSOR OF H.R. 850 previous question is ordered. Allen Boswell Cooper Mr. BISHOP of Georgia. Mr. Speaker, There was no objection. Andrews Boyd Costello Baca Brown (OH) Cox I ask unanimous consent to have my The SPEAKER pro tempore. The Baird Brown, Corrine Cummings name removed as a cosponsor of H.R. question is on the conference report. Baldwin Capps Davis (CA) Ballance Capuano Davis (FL) 850. Pursuant to clause 10 of rule XX, the Barrett (SC) Cardin Davis (IL) The SPEAKER pro tempore (Mr. yeas and nays are ordered. Bartlett (MD) Cardoza Davis (TN) LATOURETTE). Is there objection to the The vote was taken by electronic de- Becerra Castle DeFazio request of the gentleman from Geor- Berman Chabot DeGette vice, and there were—yeas 242, nays Berry Clay Delahunt gia? 176, not voting 17, as follows: Blackburn Collins DeLauro There was no objection.

VerDate jul 14 2003 05:20 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00099 Fmt 0636 Sfmt 0634 E:\CR\FM\A08DE7.066 H08PT1 H12846 CONGRESSIONAL RECORD — HOUSE December 8, 2003 PRIVILEGES OF THE HOUSE—CIR- Ms. PELOSI. Mr. Speaker, I yield lion for Iraq, an issue the Democrats CUMVENTING THE WILL OF THE myself such time as I may consume. and Republicans were on both sides of HOUSE BY HOLDING VOTES OPEN Mr. Speaker, for more than 200 years, the issue. So were the American peo- BEYOND A REASONABLE PERIOD and 200 years ago, the Founding Fa- ple. They deserve to hear the debate in Ms. PELOSI. Mr. Speaker, I rise to a thers designed this House of Represent- the light of day. question of privilege of the House and atives to serve as the people’s House. I thank the gentleman from Ohio (Mr. BROWN) for this information. submit a resolution which is at the In the Federalist Papers, James Madi- son wrote that it is essential to liberty It degrades our democracy when desk. Democrats have no role in the legisla- The SPEAKER pro tempore. The that this House have an intimate sym- pathy with the people. In the century tion. This legislation affects millions Clerk will report the resolution. of Americans. No role in the conference The Clerk read as follows: since, this body has earned its status as the greatest legislative body in the negotiations. No chance to offer PRIVILEGED RESOLUTION amendments. No alternatives and lim- Whereas on November 22nd, the Republican world. Yet perhaps never before have the actions of this body fallen so far ited debates or discussion. It degrades Leadership held open the vote on rollcall No. our democracy when secret negotia- 669 on H.R. 1, the Prescription Drug Con- short of both the ideals envisioned by ference Report, for nearly three hours, the the Founders and the sympathies of tions, such as those on the energy leg- islation, rip up provisions supported by longest period of time in the history of elec- the people as during last month’s vote both Houses and insert new provisions tronic voting in the U.S. House of Represent- on the Medicare prescription drug con- approved by neither House. atives; ference report, a vote that will surely Whereas the normal period of time for a re- Mr. Speaker, this is not the House corded vote is 15 minutes, and the Speaker of be remembered as one of the lowest our Founders envisioned. Such behav- the House reiterated that policy on January moments in the history of this august ior is unfair. It is un-American, and it 7, 2003 saying ‘‘The Chair wishes to enunciate institution. is unacceptable. It is not for this that a clear policy with respect to the conduct of The American people expected a fair our Founding Fathers sacrificed their electronic votes . . . The Chair announced, and open airing of issues affecting 40 lives, their liberty and their sacred and then strictly enforced, a policy of clos- million older Americans on Medicare, ing electronic votes as soon as possible after honor, so that we could have govern- our mothers, our fathers, grand- ment of the few, by the few, for the the guaranteed period of 15 minutes’’, and in mothers, and grandfathers. Yet Repub- addition the Speaker pro tempore on Novem- few, behind closed doors. ber 22nd announced prior to the vote on Pre- licans locked House Democrats out of Why are the Republicans so afraid to scription Drugs that it would be a 15-minute the conference negotiations and, in subject their agenda to the normal vote; doing so, locked out the 130 million rules of debate? Republicans are afraid Whereas the amount of time for the vote Americans we represent. of fair and open debate because they on H.R. 1 went far beyond anytime consid- This is a diverse country, but the know that the American people reject ered reasonable under established House Democratic Caucus is the only diverse their radical agenda. As President Ken- practices and customs, and was a deliberate caucus. By shutting out the Demo- nedy said, ‘‘A nation that is afraid to attempt to undermine the will of the House; Whereas the opponents of H.R. 1, both Re- crats, they deny the conference nego- let its people judge the truth and false- publicans and Democrats, were on the pre- tiators of the benefit of the thinking of hood in an open market, is a nation vailing side for more than two and one-half the representatives of the African that is afraid of its people.’’ hours and proponents never once held the American community, Hispanic com- So afraid of the people were they lead during this period of time, and the sole munity, the Asian Pacific American that, again, this went into the dark of purpose of holding this vote open was to re- community, the whole philosophical night when we even took the first vote verse the position that a majority of the diversity within our caucus from the at 3 o’clock in the morning. House of Representatives had already taken; A member of the majority in the Whereas, according to press reports, a Blue Dogs to the New Dogs to our Pro- gressive Democrats. other body, that would be a Republican Member of Congress who is retiring was told in the other party, warned recently, ‘‘If on the House floor during this extended vote b 1530 that ‘‘business interests would give his son you have to twist people’s arms over (who seeks to replace him) $100,000 in return The American people expected gen- and over to vote for you on issue after for his father’s vote. When he still declined, uine debate. Yet, Republicans limited issue, then you would be wise to re- fellow Republican House members told him floor discussion on the one of the most evaluate your positions.’’ they would make sure Brad Smith never dramatic changes to Medicare in its Of course, Republicans have no inten- came to Congress’’, and such an act is in vio- history to a mere 2 hours, 2 hours. And tion of reevaluating their reckless po- lation of Section 201 of Title 18 of the United this behavior is not limited and con- sitions. As one newspaper editorial ob- States Code, which prohibits bribery of pub- fined to the vote on Medicare. served recently, ‘‘It appears the Repub- lic officials; licans want to govern the Nation by Whereas these actions impugn the dignity For some reason, and I think it should be obvious what it is, the Re- themselves.’’ and integrity of House proceedings, bring A government of the few, by the few, dishonor on Members of Congress, and were a publicans insist on having votes that gross violation of the rights of Members who are of great import to the American for the few. The ancient Greeks had a word for opposed this legislation: Therefore, be it people, but where they are clearly on such audacity, hubris. Hubris, the wan- Resolved, That the House denounces this the wrong side of the issue, have these ton arrogance that leads to the viola- action in the strongest terms possible, re- votes taken in the middle of the night. jects the practice of holding votes open be- tion of accepted rules of conduct. On a Friday in March at 2:54 a.m., the yond a reasonable period of time for the sole In the tragedies of antiquity, mortals purpose of circumventing the will of the House cut veterans benefits by three who defy the Gods in this manner were House, and directs the Speaker to take such votes. At 2:39 a.m. on a Friday in April, punished for their hubris. Indeed, if steps as necessary to prevent any further House Republicans slashed education there were ever an argument for why abuse. and health care by five votes. At 1:56 Republicans must get their punishment The SPEAKER pro tempore. The res- a.m. on a Friday in May, the House at the polls and be defeated at the polls olution constitutes a question of the passed the ‘‘leave no millionaire be- next year, we need only look to their privileges of the House under rule IX. hind’’ tax cut bill by a handful of votes. unprecedented abuse of power and their The minority leader, the gentle- And at 3:30 a.m. on a Friday in June, neglect of the will of the people. woman from California (Ms. PELOSI), the House GOP passed the Medicare Mr. Speaker, Democrats will not will be recognized for 30 minutes. It is privatization and prescription drug bill stand by while our democracy is deni- the Chair’s understanding that the gen- by one vote. At 12:57 a.m. on a Friday grated. We will not be silenced. We will tlewoman from Connecticut (Mrs. in July, the House passed a Head Start not be rolled over. As we preach democ- JOHNSON) will be the designee of the bill by one single vote. And that Head racy to the rest of the world and we majority leader and will also be recog- Start bill was to undermine and un- talk about in glowing terms about our nized for 30 minutes. ravel a very successful Head Start ini- own democracy, we must also speak The Chair recognizes the gentle- tiative. And then after returning from about the power of example, the exam- woman from California (Ms. PELOSI), a summer recess, at 12:12 a.m. on a Fri- ple we set in the conduct of our legisla- the minority leader. day in October, the House voted $87 bil- tive business for the rest of the world.

VerDate jul 14 2003 05:20 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00100 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.074 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12847 The Republicans are not setting a DREIER), the chairman of the Com- note for the record, Mr. Speaker, that good example of democracy for the rest mittee on Rules. the last three votes that were cast on of the world. Republicans must know Mr. DREIER. Mr. Speaker, I thank that bill were, in fact, cast by members we will fight this abuse in the commit- my friend for yielding me time. of the minority. tees. We will fight this abuse on the I would like to pay respects to my I would like to thank my friend for floor. We will fight it every day and California colleague, the very distin- yielding me this time. What I have every way we can. We will carry this guished minority leader, and I cer- simply chosen to do here, Mr. Speaker, fight all the way to election day. On tainly respect her right to come for- is make the record clear as to exactly that day, the American people will re- ward with this privileged resolution. I what the rules of the House consist of ject the Republican’s special interest would also like to thank my friend, the on this matter. and their shameless abuse of power. gentlewoman from Connecticut (Mrs. Ms. PELOSI. Mr. Speaker, I yield With all regard that I have for the JOHNSON), for the stellar leadership she myself such time as I may consume. distinguished colleagues on the other has provided, ensuring that we would Mr. Speaker, since the distinguished side of the aisle who appear to be at not only bring about reform of Medi- chairman of the Committee on Rules is the microphones, and I know that the care, but make sure that we are able to in the well, I just wish to mention one time will be led by the gentlewoman provide access for our seniors to afford- thing, because in my comments I read from Connecticut (Mrs. JOHNSON), why able prescription drugs. a litany of concerns about very impor- is not a member of this House leader- Mr. Speaker, I think it is very impor- tant votes were won by a handful or ship on the Republican side on the tant to note a couple of items. First, fewer votes in the dark of night. One of floor to respond to this privileged reso- on the 2nd of April, 1789, the day after these I did not mention was the rule on lution about how the leadership has the first Congress was put into place, the FAA bill that came to the floor, conducted its business? James Madison who was, in fact, a and I would like to ask the gentleman We all have a great deal of respect for member of that first Committee on if he is proud of the way the Com- the Speaker of the House. The majority Rules, and I believe that as he talked mittee on Rules conducted itself on the leader is a forceful personality. The about what my friend, the gentle- FAA bill where it burned the book on two of those orchestrated what hap- woman from California (Ms. PELOSI) re- rule making in this House. pened that night. We would like them ferred to, that intimate sympathy with Mr. DREIER. Mr. Speaker, will the to at least extend the courtesy to the people, he did appropriately refer gentlewoman yield? Members to be present on the floor as to the fact that this is the greatest de- Ms. PELOSI. I yield to the gentleman the leader of this party on this floor to liberative body known to man. And we from California. respond to the people’s need to know as do have an extraordinary responsibility Mr. DREIER. Mr. Speaker, I thank to why, why the will of the majority is here to implement the will of the peo- the gentlewoman for yielding. not respected here. ple through this structure we have of a Mr. Speaker, I would respond to my We will return the people’s House to representative democracy. friend by saying that I made it very the American people, and we will once Now, what I would like to say is that clear in the record, when our friends again make this the revered institution as we look back on that debate, that were before the Committee on Rules, worthy of its status as the greatest leg- both of my friends, the gentlewoman that I believe that it was wrong for us islative body in the world. from California (Ms. PELOSI) and the to proceed with consideration of the Mr. Speaker, I reserve the balance of gentlewoman from Connecticut (Mrs. FAA conference report in the manner my time. JOHNSON) have just addressed, I think in which we did proceed with. And I The SPEAKER pro tempore (Mr. it is important to note that our friend, said there, and the gentleman from LATOURETTE). The gentlewoman from the gentlewoman from California (Ms. Minnesota (Mr. OBERSTAR) has recog- Connecticut (Mrs. JOHNSON) is the des- PELOSI) came before the Committee on nized here on the floor that I said, we ignee of the majority leader. Rules and made a request that we ex- will do everything possible to ensure Mrs. JOHNSON of Connecticut. Mr. tend the time that is provided under that that does not happen again. And Speaker, I yield myself 2 minutes. the rules of the House for the debate of the majority leader, in the colloquy Mr. Speaker, I regret that the gentle- a conference report. that he had with the gentleman from woman does not consider me a forceful Every single Member of this House is Maryland (Mr. HOYER) later that week, personality or a leader. But I am here well aware of the fact that when a con- made it clear that he also wanted to to say that, as chairman of one of the ference report is voted upon, there is a ensure that it would not happen again. major subcommittees that wrote this 1-hour provision for debate on that I appreciate my friend for bringing bill, I consider myself both a leader on conference report. Now, request was that issue to the forefront. Medicare modernization and reform made to extend that. And my friend, Ms. PELOSI. Indeed, that rule was an and a forceful personality, because I the gentlewoman from California (Ms. abomination, and I am pleased that the am dedicated to this issue. I have PELOSI), as she knows, made a rare ap- gentleman recognizes that it was worked hard on it. And I believe that I pearance before the Committee on wrong. am better to be here than any of my Rules and requested that we increase Mr. Speaker, I yield 5 minutes to the leadership. the amount of time for debate on that gentleman from New York (Mr. RAN- This was a joint effort. It was late at conference report. And in response to GEL), the distinguished ranking mem- night. No question. It was a long vote. her request, the Committee on Rules ber on the Committee on Ways and And it did inconvenience Members. No chose to double the amount of time al- Means. question. But the stakes were very lowed for the conference report. That Mr. RANGEL. Mr. Speaker, I am high. The need of America’s seniors for amount of time was granted. really surprised that the eloquent prescription drugs and a modernized I think it is also important to note chairman of the Committee on Rules Medicare that could deliver state of that the 15-minute provision according with all of the power of words and in- the art disease management to help to clause 2(a) of rule XX, Mr. Speaker, fluence he has, that after a seething at- those with chronic illness prevent their specifically says the minimum time for tack on the majority, that he would diseases from progressing. Yes, their a record vote or a quorum call by elec- come into the well and say, but it is all need was urgent and intense. The op- tronic device shall be 15 minutes. And in the rules. portunity was enormous. We could not so I think that there is no one who is What our leader is talking about is abandon our responsibility to pass real claiming that there was a violation of more important than the Medicare bill. Medicare prescription drug reform and the rules of the House because this She is talking about the civility in this modernization of Medicare’s ability to was, in fact, in compliance with the House of Representatives. Every one of keep pace with quality health care ini- rules of the House. And I think that us here today are not here just because tiatives. And so, yes, we allowed our- there needs to be recognition that dur- we are so bright and so intelligent. We selves to be masters of time. ing that 2 hour and 50 minute period a are here because some group of Ameri- Mr. Speaker, I yield 3 minutes to the number of votes were changed. And I cans have thought that we would rep- gentleman from California (Mr. think it is important for the record to resent their interests. They were not

VerDate jul 14 2003 04:26 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00101 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.076 H08PT1 H12848 CONGRESSIONAL RECORD — HOUSE December 8, 2003 talking about blacks and whites or pect that some of the Republicans that on the Medicare prescription drug bill, Jews or gentiles or Asian Americans or have been here a little while, when when we talked across the aisle, as we Hispanics. They were talking about they come over here, some of the often do in the Committee on Energy Representatives in the House of Rep- younger Republican Members would and Commerce, about whether we could resentatives. And they invested in us say, why are you talking to a Demo- build a consensus bill at the committee the right to make judgments as to crat? And what we would say is, we are level or not, it was pretty clear that we what would be in their best interest. talking about our kids or we are talk- could not; that there was a great dif- How in the world can you come to ing about our grandkids. We will fight ference of opinion as to how to shape this floor and take this privilege which in the committee and we will fight on Medicare reform and prescription drug has been given to us to protect, not for the floor, but we respect each other. legislation. And because there was this ourselves but for the next group that It is a lack of respect not to me, you huge great difference of opinion, the will inherit the seats that we are privi- can look at me and know how many ranking Democrat, my friend, the gen- leged to serve in, and to say when the doors have been closed to me; it does tleman from Michigan (Mr. DINGELL), Speaker of this great House of Rep- not even bother me. Because in this and I agreed we would have a great de- resentatives, here where we truly rep- great country, in this Republic, I can bate, and we did. We had many, many resent the people, it is not based on fight and I can win. But when you hours of debate. We had a 23-hour every district being entitled to some- stack the rules against those who fol- markup; 23 hours of markup and thing because it is a State, it means low me and those who respect this in- amendments that went on for a huge that they come together. They fight. stitution; when you start saying it amount of time. And that literally, fi- They argue. And they elect. makes no difference who the Speaker nally produced the Medicare bill that came to the floor along with the Com- b 1545 assigns to a conference, because we de- cided that it is too important for us to mittee on Ways and Means effort that And then the Speaker decides who let Democrats in, well, take a look and became part of the conference report would be appointed to serve on the con- see who the Democrats are. Take a that we voted on. This was not a one-night effort. This ference committee so that our voices look at the diversity on this side. We was not a 31⁄2 hour effort in the middle would be heard with that of the other did not make it this way. Democrats of the evening. This was a multiyear, body. And when you have the votes, did. you have the votes; and that is the way Do you think there is a Republican very greatly debated issue from top to bottom where we were deeply separated it goes. If you do not like it, wait until way for solid health care? Do you think on approach. And I think my mother November and then change it. But the there is a Republican way for Social summed it up best when I talked to her audacity of the majority to say that Security? A Republican way for a bet- about it after we passed the bill. The when the Speaker appoints you to the ter America? Of course not. It is for us approach that we took, that we under- conference it makes no difference what together to be working together to try stand some of the other side did not rank you are, it makes no difference if to do it. Would Democrats have con- agree with, and that is a legitimate dif- you are the dean of the House, it taminated the precious bill, I ask the ference of opinion, the approach we makes no difference if you are the sen- gentlewoman from Connecticut (Mrs. took was that we ought to empower ior member of the committee of juris- JOHNSON)? Would we have diverted so diction, it makes no difference if the seniors to make choices for themselves much attention for what you were about how they got prescription drug minority leader appoints you to rep- doing, this brilliant piece of work that resent, who, us? No, to represent the coverage; to make choices for them- you did in the darkness of night, selves about how the health care that millions of people that we have been brought here early in the morning to sent here to represent. they would need in their senior years have us out here waiting until you would be delivered to them and how And to have the conference com- could scrub up enough votes? mittee, to call it a bipartisan con- they would take this new benefit. It was wrong for this Congress, and it There were those on the other side ference when they from time to time would be wrong for any Congress. who thought there ought to be one will let a staff person come in, is not Mrs. JOHNSON of Connecticut. Mr. choice only, the Medicare choice. only arrogance but it offends the very Speaker, I yield myself such time as I There were those on this side, on our office of the Constitution to be able to may consume, and I would respond to side of the aisle, who believed that say it. Now, I have the utmost respect the gentleman from New York that I Medicare choice ought to be available, for the gentlewoman from Connecticut do think it is extremely important and we made sure that it is available, (Mrs. JOHNSON) because she has said it when half the women, retired women, but other choices ought to come. right; she thought this precious bill in America have the opportunity for Now, that is what happened. We can was so important that the rules did not the peace of mind of knowing that they argue about process and procedure all matter. It had to go through the mid- will pay no more than $1 or $2 for a ge- we want. The bottom line is we were dle of the night, whether there was a neric and $3 to $5 for a brand-name pre- separated by a great division, it was conference or not. We had to get this scription and that is all, no matter how settled, and the American public are thing through. many or how high their drug bills go. better for it. Sure, my colleagues had to get it Yes, I think it is very important not to Ms. PELOSI. Mr. Speaker, I yield through because there was a goal be- let the clock outweigh the interest of myself such time as I may consume to yond prescription drugs. And if that is half of America’s retired senior women. note that it is interesting to hear Re- what you want to do with Social Secu- Mr. Speaker, I yield 2 minutes to the publican colleagues talk about how ur- rity, if that is what you want to do gentleman from Louisiana (Mr. TAU- gent this bill was to pass. Then why with health care, I can understand ZIN), the chairman of the Committee on does it not become effective until 2006? that; and that is why I am not a Repub- Energy and Commerce. Mr. Speaker, was it so urgent that the lican. But for God’s sake, do not dis- Mr. TAUZIN. Mr. Speaker, I thank rumor had to be around there that they rupt the system. Do not tear away the gentlewoman from Connecticut for were offering $100,000 to Members to what was left to us. When you got the yielding me this time; and, Mr. Speak- vote with them on the bill? Was it ever votes, by golly, use those votes and do er, let me first say that this has been a that urgent? what you want to do to your own Mem- multiyear process. When we began our Mr. Speaker, I am very pleased to bers; that does not offend me. But it work in the Committee on Energy and yield 7 minutes to the gentleman from does offend me if newer Members of Commerce, we entitled it Patients Maryland (Mr. HOYER), our very distin- Congress believe that is the way this First, because essentially we wanted to guished whip, a champion for Amer- House is supposed to operate. make sure everything we did in the ica’s seniors, who fought, fought, Sometimes when I go on the other health care agenda thought about pa- fought for them on the floor of this side and I sit with a friend that came tients and did what we could to make House to defeat this Medicare bill. And here many, many years ago when I did, patients’ lives better in this country. defeat it he did, for 3 hours, until out- young Democratic Members say, what I recall when we got to the point side influences weighed in to reverse are you talking to them for? And I sus- where we began drafting and working that outcome.

VerDate jul 14 2003 04:26 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00102 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.078 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12849 Mr. HOYER. Mr. Speaker, I thank Bob Walker said, ‘‘We found out the prescription drug benefit to our seniors the minority leader for yielding me majority is perfectly willing to change and our disabled. this time. its rules to crush the minority.’’ I For 38 years, every Congress, Repub- Mr. Speaker, there are many of my know this is not a rule, I say to the lican, Democrat, every administration, colleagues who are new to this House gentleman from California (Mr. Republican, Democrat, had failed to and who do not know its history and do DREIER); but I also know that at the accomplish this. It was not because not know perhaps the words of your beginning of this session, the Speaker, most Members of Congress did not side of the aisle. So I want to give you whom I respect and would never de- want to do it. I dare say every single a little history. I want to take you mean by addressing him in the terms Democrat sitting in this House and back to October 28, 1987. The House was that DICK CHENEY addressed our Speak- serving in this House wanted to make considering a controversial Democratic er, this House’s Speaker, said this at sure that we got a prescription drug budget reconciliation bill, which I tell the beginning of this session: ‘‘The benefit delivered to our elderly and our the gentlewoman from Connecticut Speaker’s policy announced on Janu- disabled, and most Republicans wanted that we thought was very important. ary 4, 1995, will continue through the to do it for many years. And why did The vote stood at 206 to 205. Twenty- 108th Congress.’’ That was Newt Ging- Congress fail year after year? Not be- four Members had not voted. rich. cause of lack of desire to get the job The Speaker of the House, in at- On that occasion, referring to Octo- done, but because the job is extraor- tempting to pass what he believed to be ber 30, 1991, the House was considering dinarily difficult. a very important bill, kept the clock a bill in the Committee of the Whole It is extraordinarily difficult to craft going for less than 30 minutes, a little under a special rule that placed an a bill that is conservative enough to more than 25; and a vote changed, and overall time limit on the amendment get most Republicans and liberal we prevailed. Your side was outraged. process. We did it in 15 minutes. The enough to attract some Democrats. It Let me remind you of some of the Speaker concluded at the beginning of is very, very hard to do. We had to quotes. this session, ‘‘Each occupant of the thread a needle, we had to say to the I am the minority leader. Excuse me, Chair will have the full support of the liberal-most Members of Congress, we I am the minority whip. I understand Speaker in striving to close each elec- cannot make you happy, we cannot that. The minority whip at that time is tronic vote at the earliest oppor- spend that much money. And we had to now the Vice President of the United tunity.’’ In this instance it was almost say to the most conservative Members States, DICK CHENEY. He was angry. 3 hours. Not 15 minutes, not 17 min- of our party, we cannot make you The vote was 206 to 205. This bill, for utes, not 27 minutes, but 3 hours. happy. We had to say we are going to over 2 hours, had an absolute majority ‘‘I just want to serve notice,’’ this do this entitlement, we are going to ex- of the House of Representatives sup- gentleman said, ‘‘if the majority, pand this entitlement, and it is not porting it, with 218 Members opposing which clearly has the rights under going to make you happy. We had to the bill, the proposition that we fought sheer voting power, insists on stripping thread the needle, and the eye of the for. the right away from the minority, then needle in this case was so narrow and Thirty minutes. And here is what Mr. we have an absolute obligation to take the size of what we were trying to ac- CHENEY said about keeping the ballot the necessary steps to communicate complish so large that yes, it took us open: ‘‘The Democrats’ tactics are the our dissatisfaction with that kind of an extraordinary amount of time to get most grievous insult inflicted on the legislative process and do everything this vote done. Republicans in my time in the House.’’ possible to stop it.’’ Newt Gingrich, The Speaker did not violate a rule of October 1987. He was quoted as saying August 5, 1991. the House. The Speaker is entitled to something else. ‘‘It was,’’ he said, ‘‘the take as much time as he wishes for a b 1600 most arrogant, heavy-handed abuse of vote. And in this case, in this case, the power I have ever seen in the 10 years Those of you who are new to this stakes were high, the cause was great. I have been here.’’ House who believe in democracy, who The gentlewoman from California (Ms. Less than 30 minutes, 206 to 205. The believe that this is the people’s House, PELOSI) said she will take this message Vice President of the United States. ought to accord to every one of us, to the election. This is an election-year The most arrogant abuse of power he Democrats and Republicans, the re- issue. I say to the gentlewoman, take had seen. And then the Republican mi- spect due a person chosen to represent that message; we will take the message nority whip referred to the Speaker as 650,000-plus Americans in this House, to that we provided seniors a benefit. follows, and listen, my colleagues, par- put up our votes on that board, to have Ms. PELOSI. Mr. Speaker, I yield ticularly those who are new. Referring the majority prevail, but to have them myself such time as I may consume. to the Speaker of the House, he said, prevail in a time frame that does not, Mr. Speaker, if it is an election-year ‘‘He’s a heavy-handed,’’ and he used an as Mr. CHENEY referred to it, reflect issue and the other side of the aisle is epithet that we know as SOB, except ‘‘the most arrogant, most heavy-hand- so proud of their work, why do they not he fully articulated it, ‘‘and he doesn’t ed abuse of power I have ever seen in make it effective now, just as they know any other way to operate. And he my 10 years.’’ make their reckless tax cuts effective will do anything he can to win at any My Republican friends, let me ask immediately and retroactively? price. There is no sense of comity left,’’ something: If keeping the ballot open Mr. Speaker, the customs and tradi- said DICK CHENEY. for 25 minutes is the most arrogant tions of this House have been violated, I tell the gentlewoman from Con- abuse of power that Mr. CHENEY had and there is no person in the leadership necticut, this was an important bill, ever seen, what is keeping it open 3 of this House to come here to defend but so was the bill that Speaker Wright hours? Ask yourself that question, and the actions taken in this Chamber on was following and trying to pass. DICK then understand why this resolution is November 22. I will say more about CHENEY, with less than 30 minutes, on this floor. that in a moment. ‘‘There is no comity left. The most Mrs. JOHNSON of Connecticut. Mr. Mr. Speaker, I yield 4 minutes to the heavy-handed arrogant abuse of Speaker, I yield 2 minutes to the gen- gentleman from South Carolina (Mr. power.’’ tleman from Pennsylvania (Mr. GREEN- CLYBURN), the vice chairman of the That is what this is about, treating WOOD). House Democratic Caucus. one another with respect and treating Mr. GREENWOOD. Mr. Speaker, I Mr. CLYBURN. Mr. Speaker, I thank the American public with respect. My thank the gentlewoman for yielding me the gentlewoman for yielding me this colleagues had an opportunity to offer this time. time, and I thank her for her leader- their bill. It was offered, we voted on About 5 hours ago, I had what I con- ship on this and other issues in this it; and 218 people voted no, and they sider to be one of the greatest moments great body. stuck no for over 2 hours. But my col- of my 11-year congressional career as I Mr. Speaker, I was elected 11 years leagues refused to accept the judgment got to watch the President of the ago. Today I represent a congressional of democracy. You refused to accept United States sign into law a Medicare district of 668,000 people. It is an inter- the judgment of this House. reform bill that will finally provide a esting congressional district, about

VerDate jul 14 2003 04:26 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00103 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.081 H08PT1 H12850 CONGRESSIONAL RECORD — HOUSE December 8, 2003 half and half urban and rural. There Mr. Speaker, it is because we felt the I would guess we would have won way are people who run the gamut. I rep- urgency of the need the preceding over the top within 15 minutes if the resent the poor precincts and census Member alluded to so eloquently, that minority leader had simply told her tracts in the congressional district, not only did we have to pass this bill, Members, you are free on this vote, and I also represent some of the but we had included in this bill a dis- come here and represent the people, wealthiest. count card that will mean that one- vote for the people, and the gentle- Last week when I went back home half of all low-income seniors all across woman’s very words, vote for those you after our Medicare prescription drug America will get 100 percent of their represent. That is what we want. That vote, and I was asked questions by my drugs paid for in 6 months. There is ur- is what we should have gotten; and if constituents, they were asking me gency for this bill because the need for we had, we would have been out of here things like is it true that in this pre- the subsidies are so great, and because at 3:15, and that is the way it should scription drug bill the Secretary of of the average spending, we know that have been. HHS is prevented from negotiating on within 6 months, one-half of low-in- I praise the Speaker and those of our my behalf for lower drug costs? And, of come seniors will be 100 percent pro- leadership who kept the clock open. I course, I answered them, That is my tected. understand why those who tried to sup- understanding of the bill. And they Mr. Speaker, I yield 3 minutes to the press the vote on their own side and have been asking, Is it true that I can- gentleman from Florida (Mr. SHAW), a failed are upset. And it did take 3 hours not use my Medigap insurance to cover member of the Committee on Ways and to enlighten some of the Members; but any shortfalls that may come as a re- Means and chairman of the Sub- it is important that Democrats came sult of prescription drug costs? And, of committee on Social Security. back and changed their vote also. course, I answered them, It is my un- Mr. SHAW. Mr. Speaker, I thank the Ms. PELOSI. Mr. Speaker, I reserve derstanding that that is true. gentlewoman for yielding me this time. the balance of my time. And then they want to know from Mr. Speaker, I would point out to the Mrs. JOHNSON of Connecticut. Mr. me, Why is it that I did not hear from minority leader, who has pounded on Speaker, I yield 2 minutes to the gen- that 2006 date several times, every one you about the possibility of these tlewoman from New Mexico (Mrs. WIL- of the Democrat bills that was out issues before you cast a vote? You are SON). there had that same date. Why does it there to represent my interests, and I Mrs. WILSON of New Mexico. Mr. have that date? It has that date be- would like to hear from you about Speaker, I have been in this House a cause it takes that long to gear up in these kinds of things before they come little over 5 years, and we have man- order to get a bill moving, whether the to a vote. aged three times in the House of Rep- Then I was obliged to tell them that Democratic bill or the Republican bill. What is the urgency? I think the gen- resentatives to pass a prescription drug the bill was completed around 1:30 a.m. bill. in the morning, and I was given less tlewoman from Connecticut pointed this out, and that is within 6 months, Finally, this year the Senate passed than a day to take a look at it, and we low-income people are going to be get- a bill, too, which gave us a historic op- finally voted on this after they had ting a card that will help them. portunity to provide a desperately- gone to bed the next night around 3 This morning when the President needed benefit for the people that I rep- a.m. in the morning. Then they want to signed this bill, he said this bill is resent, and the people that we all rep- know the ultimate: If this bill is not to going to help those who need help the resent. be effective until 2006, what was the most. That is exactly what it does. b 1615 rush? What was the rush? There is no That is exactly what it does. That is The truth is that Medicare is stuck good answer for many of us to that the way it ought to be. in a 1960s model of health care, a sys- question. When one goes into a court of law, a I just want to say to my friends on court of equity, there is an expression, tem that will pay claims instead of im- the other side of the aisle, I am the eld- to seek equity, you must do equity. In prove the quality of people’s health. We est son of a fundamentalist minister other words, you have to go into court have a health care system that had to who taught me that it is important to with clean hands. We have heard dur- be changed because it will pay $28,000 maintain balance in one’s life, as well ing this debate such terms as rep- to amputate the feet of a diabetic and as one’s efforts. He taught me to be resenting their constituents, neglect- will not pay $29.95 a month for the conservative. He said to me very often, ing the will of the people, and abuse of Glucophage so that they can keep their if you make a dollar, you ought to be office. They have to come here with feet. This system needed reform des- able to save a nickel. He taught me clean hands if they are to complain. perately because the people who rely when you leave a room, you turn out Did not the minority leader threaten on it need that medicine. That meant the light, you conserve energy. But he their Members? Why was it one of the that we had to work hard to find the also taught me from those Sunday Members on the other side of the aisle common ground that could make it mornings when he stood before his con- who was holding out for 3 hours was through the House and the Senate. gregation and asked for an offering, he completely surrounded every single But it was about time. It was about asked them to give liberally. And so I moment by Members of the Democratic time for a voluntary prescription drug learned that we must balance our lib- Party because he had not yet voted? benefit added to Medicare, supported eralism with conservatism, and our Why is it that after the time was fi- by dozens of interest groups in this conservatism with liberalism, and with nally called, four Democrat Members country, to provide some equity and proper balance and proper discussions, came down to the well of the House and some help, particularly to low-income with proper input from all sides, we changed their vote? folks who cannot afford their medicine will yield much better legislation and If you want equity, you have to come and those who are very sick. That is much better results. We did not have with clean hands, and that was not what we did. This House as a whole and that opportunity with this bill to have done. We should have passed this bill this institution will look back on this input from all sides to try to get a bet- last year, but the other body refused to day when the President of the United ter and more balanced result. take it up because it was under Demo- States signed that bill as a tremendous Mr. Speaker, I believe that the fail- cratic leadership. change for health care for seniors in ure on the part of this body to do that What is the urgency of this bill? If this country, and I thank God for it. sets us up, as the gentlewoman has one is a senior, poor, or if you have Ms. PELOSI. Mr. Speaker, I reserve said, for a very interesting election huge drug expenses and you cannot af- the balance of my time. year, and I am hopeful that this legis- ford to buy your drugs, by God to that Mrs. JOHNSON of Connecticut. Mr. lation will become the centerpiece of person it is urgent. It is urgent. I would Speaker, I yield 2 minutes to the gen- our discussions next year because then have stayed here 2 or 3 more days if the tleman from Georgia (Mr. GINGREY). we will have a better result. clock was to be left open, because that Mr. GINGREY. I thank the gentle- Mrs. JOHNSON of Connecticut. Mr. is exactly how I felt. I felt this was so woman for yielding me this time. Speaker, I yield myself such time as I important to those people who des- Mr. Speaker, I want to remind my may consume. perately need this coverage. colleagues from the other side of the

VerDate jul 14 2003 04:26 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00104 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.083 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12851 aisle that just as in childbirth, our la- lating the rules and the traditions re- Americans, what do we hear from some bors in the Congress often start in the garding time, but that potentially Members of this body? We hear com- morning sunshine and after long hours there was bribery on the floor of this plaining. We hear complaining because of painful work in the full light of day House. We need to get to the bottom of of an inconvenience. It would be an un- then result in a delivery of a beautiful this and end this tyranny and corrup- derstatement to say that an elderly baby in the dark of night. Had this de- tion. person who relies on their prescription bate commenced in the dark of night, Ms. PELOSI. Mr. Speaker, the Re- medications struggles as they try to then the delivery would no doubt have publicans also run this Congress like work through chemotherapy treatment been in the light of day. the Republicans run Florida. They can- for cancer. Similarly, one could say In any regard, Mr. Speaker, in pas- not accept the result of a vote. that it is a big inconvenience for a low- sage of the Medicare Modernization With that, I am pleased to yield 1 income senior who has to make deci- and Prescription Drug Act of 2003, this minute to the gentleman from Illinois sions each month as to whether they President and the leadership of this (Mr. EMANUEL). will buy their prescription medication House have delivered on a promise Mr. EMANUEL. Mr. Speaker, the 3- or buy their groceries. Indeed, I think made to our beloved seniors. Indeed, hour wheel of fortune that we wit- each one of us would agree that it is in- Mr. Speaker, we, the Republican ma- nessed the other day is reflective of the convenient, really inconvenient for the jority, are the promise keepers on this 3-week wheel of fortune, where the pub- 70-year-old woman who works not be- issue. I am proud to have voted as a lic interest and the public trust had cause she chooses to but because she physician Member of this body in the been turned into a piggy bank for the cannot afford to retire and she con- affirmative. special interests. There are 635 pharma- tinues to work because she needs to The gentleman from South Carolina ceutical industry lobbyists, a lobbyist pay for her diabetes medication. talked about hearing from his constitu- and a half for every Member of Con- Yet the complaint today is not that ents. Mr. Speaker, I have heard from gress. If you walked down the hall, rules were broken because, of course, my constituents as well, things like is they were usually your shadow in this we followed the rules of this House. it true that in this bill the neediest of place. The reason we are talking about But now what we hear is that it was in- our seniors, those who are living at or the process today is because the proc- convenient for us to be here working near the poverty level, are helped the ess was reflective of the policy and through the night, to be voting until most? Is it true that the new Medicare what happened and produced in this almost 6 a.m. and to stay up all night. beneficiaries will begin to receive for legislation, that is, the pharmaceutical And, of course, it is inconvenient for us the first time ever a complete physical industry when it came to dealing with to do so. It is inconvenient to work all examination? Is it true that in order to the issue of price and affordability of night. It is really inconvenient, of help save Medicare for our children and prescription drugs, the will of the phar- course, to lose a vote on a major piece grandchildren, the wealthiest seniors maceutical industry was reflected but of legislation. But I think it was worth will have to pay for the first time more not the will of either our taxpayers or some of the inconvenience on our part. of their part B premium? And finally, our senior citizens who are being forced I think it was worth some of the incon- Mr. Speaker, is it true that it has into a system that requires that they venience to help some of the neediest taken 38 years to finally provide sen- pay 40 percent more than anybody in and indeed some of the most vulnerable iors with prescription drug coverage? Canada and Europe. in our society, older Americans who I answer to those seniors a resound- What we can do for our veterans, we have worked hard and who have sac- ing guilty as charged. I am proud of can do for our seniors and get them to rificed and who have paid their taxes this bill. I thank the gentlewoman for use bulk negotiations, which is a free and paid their dues and made sacrifices giving me the opportunity to speak. market. Everybody on this side always to create opportunities for every single Ms. PELOSI. Mr. Speaker, I am says, I wish the government would act one of us. Is it not worth a little bit of pleased to yield 1 minute to the very more like a business. We try to get it inconvenience for us to keep our prom- distinguished gentleman from Wash- to act like a business, and what do you ises to them? Inconvenient for us, yes. ington (Mr. INSLEE). do? You turn your back on it. We can But is it worth it to keep our promises (Mr. INSLEE asked and was given use either way to affect the price here. to our seniors? I say yes. permission to revise and extend his re- This is a debate that has now taken Mrs. JOHNSON of Connecticut. Mr. marks.) the public interest and the public trust Speaker, I yield 2 minutes to the gen- Mr. INSLEE. Mr. Speaker, unfortu- and has turned it into a piggy bank for tleman from Georgia (Mr. ISAKSON). nately, the majority party is running the special interests. Mr. ISAKSON. Mr. Speaker, I thank the Congress the way the Russians run Mrs. JOHNSON of Connecticut. Mr. the gentlewoman from Connecticut for basketball. You remember in 1972 in Speaker, I yield 3 minutes to the gen- yielding me this time. I, having been a the Olympic championship in Munich tleman from New Jersey (Mr. FER- minority leader in the Georgia legisla- where Americans won the game. We GUSON). ture for a long time, understand that were ahead when the game was over Mr. FERGUSON. I thank the gentle- role. But I have to clarify the opening and the clock had run down to zero. woman for yielding me this time. remarks that were made by the leader But then the Russians prevailed on Mr. Speaker, today was a historic from my perspective about the time, saying, let’s just put a little more time day. The gentleman from Pennsylvania about the hours of the night and about back on the clock. Just like the Repub- (Mr. GREENWOOD) mentioned earlier the comment; and I think I have got it licans when this clock ran down to zero that President Bush signed into law about right, that in the dark of night said, let’s just put another 3 hours back the most sweeping improvements that we passed legislation that benefited a down on the clock. When they asked our Medicare program has seen in al- few, referring, I think, to the tax legis- the Russian coach how he could justify most 40 years. Soon, because of this lation in the past. that outrage, he said, because it was an legislation, millions of seniors will be Mr. Speaker, at 12:12, 12:15, 2:45, 3 important game and we wanted to win. able to afford the prescription medica- a.m., and 6:45 in the morning, any That is the explanation we get from tions which will dramatically change, morning, fishermen leave the wharves the majority party when you corrupted improve, yes, and sometimes even save of San Francisco, California, to go fish the basic values of this House. their lives. We should celebrate today for a living and pay taxes. In the dis- We have been searching for ways to that this bill has been signed into law trict of the gentleman from New York describe this and you can say dis- and that finally after years of inaction (Mr. RANGEL), in the garment district appointing, you can say belittling; but and obstruction, the leadership of this they work in those hours for the prime the honest thing is it is a corruption of Republican majority and the several time of the evening to feed their fami- the traditions of this House, and it thoughtful Democrats who joined us lies and pay taxes. In every one of our stinks to high heaven like a mackerel have kept our promise to our seniors. districts in those hours of the dark of in the moonlight. Your Members need But on this historic day, instead of night, Americans who finance this to come to the floor and explain this high-minded debate and additional country and run it work doing an im- situation that not only were we vio- work to benefit our seniors and other portant job.

VerDate jul 14 2003 04:26 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00105 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.085 H08PT1 H12852 CONGRESSIONAL RECORD — HOUSE December 8, 2003 I will submit to you, if you ask them, jority, then the Republican minority, ever has done, and without it the phy- reforming a Medicare system is impor- spoke about a balanced budget amend- sicians out now in the rural towns, who tant. I think if you asked them if deal- ment and that we had to balance the are my husband’s age and who are ing with prescription drugs for their budget not on the backs of future gen- about to retire, will not be replaceable. parents and their seniors is important, erations. We no longer hear about a We will not be able to attract the next they would tell you. I do not think any balanced budget amendment. They generation of physicians to rural one of us on the campaign trail would came and they said if they would be- health care without the really rather ever belittle a fisherman at 6:45 on San come the majority that we would have arbitrary policy changes in this bill Francisco’s wharf or someone in the term limits so that Members of Con- that reflect our experience in rural garment district of the gentleman from gress could be people legislators and health and its inability to attract pro- New York (Mr. RANGEL). We can have not stay here all of their lives. They no viders. So we saved rural seniors from our partisan arguments over procedure, longer talk about term limits. not having access to doctors, home but let us not ever belittle hard work But astonishingly that night, I could health agencies, and hospitals. And, for a good purpose because it is the understand those changes. Philosophi- furthermore, we link through these re- American people that do that on the cally and politically they changed gional health plans rural medicine night shift every night that finance their mind and said it was okay to run more tightly into sophisticated med- this country and allow you and I to be deficits, it was okay to bust the budg- ical centers. And, lastly, we passed dis- here. et, that these were okay things to do; ease management in this bill for the I am proud to have stood up to cut that it was okay to tell the people that plans on a mandatory basis and for their taxes and provide benefits to they were only to come here for three Medicare as an integral part of it in their parents. terms, 6 years, and then return to their the years to come, and, thereby, for the Mrs. JOHNSON of Connecticut. Mr. districts, and that was okay but they first time, built preventative health Speaker, I yield such time as he may had a change of mind. care into the Medicare structure. It is consume to the gentleman from Vir- But what happened that night was currently, now, solely an illness treat- ginia (Mr. CANTOR). different because I never recall a single ment program. (Mr. CANTOR asked and was given instance in which a member of the Re- With the new reforms the President permission to revise and extend his re- publican majority said that I was of- signed today, and with great leadership marks.) fered a $100,000 bribe in order to break from Secretary Tommy Thompson, Mr. CANTOR. I thank the gentle- my promise to the people, to change who deserves tremendous credit, both woman for yielding me this time. for understanding the need for rural Mr. Speaker, this is a great day for my position on a public policy issue. health to be linked into the modern de- America. The American people are And that is what the debate should be livery capability of technology, and celebrating today because the Presi- here about tonight, and until we get to who understood also the power that dent has signed into law one of the the bottom of that matter, it is a disease management is going to give us most, if not the most, dramatic im- shame and a blemish on this House. Mrs. JOHNSON of Connecticut. Mr. to help seniors with chronic illness pre- provements to the Medicare program Speaker, I yield myself such time as I vent their chronic illnesses from pro- since its inception. Finally, Mr. Speak- may consume. gressing, and how urgent it is that er, seniors across this country will This is a great day for America. when a plan like Medicare has one- have an option of a prescription drug Today President Bush signed a pre- third of its seniors with five chronic benefit. Finally, Mr. Speaker, seniors scription drug bill that will deliver on illnesses using 80 percent of program will be given a choice in designing and a promise that this Congress has dollars that we do something about it, selecting a benefit of health care deliv- talked about for 4 years and has passed that we act. For 4 years we have talked ery under Medicare. And finally, Mr. three different bills to try to achieve and not acted. If acting required hold- Speaker, American families across this it. ing that vote open, and then we saw at country will be able to benefit from Last year after we passed our second the end, two Republicans changed to health savings accounts, providing bill, the Senate, controlled by the ‘‘yes’’ and two changed to ‘‘no.’’ What them an environment and incentive to Democrats, would not even allow a happened was that my friends on the save for their own family’s health care vote, would not even allow a vote. That other side of the aisle who understood needs in a tax-free environment. is why when we had the opportunity to No, Mr. Speaker, this is not about a the importance of this bill both to the pass a bill that would provide, deliver, system that is broken or a process that quality of care seniors could achieve prescription drugs as a part of Medi- has gone awry. This debate today on and to the revitalization of rural medi- care on the basis of voluntary partici- the floor is about a Republican success, cine then were free to lay their votes pation to all seniors all across Amer- of a vision of how to improve health on table, and it was those additional ica, we were determined to take it. care for our senior citizens across this votes that made the difference, and I Furthermore, it is the first bill that great Nation. This bill is about doing thank them because bipartisanship is counted all seniors in America as Medi- what is best for our constituents, in hard in this environment, and I under- care and seniors first and poor second. particular, our seniors, Mr. Speaker. stand it. But we did it for America’s That is why we are taking all seniors America’s largest senior advocacy seniors. We did it together. The Presi- off Medicaid, bringing them on Medi- group, the AARP, has endorsed this bill dent signed it today, and it is an enor- care’s drug benefit so they will get the because it sees this bill as a way to mous victory for senior health care and same benefit all across the country be- move us forward and to bring Medicare the greatest step forward in women’s cause they are seniors first and poor into the modern era and provide our health that this body has ever passed. only second. The Senate bill did not do seniors with a greater health benefit. And I am proud to stand here and say that. Our bill did that. this Congress passed the modernization b 1630 And we passed this bill and pushed it of Medicare and the inclusion of pre- Mr. Speaker, it is Republican-led through and held the vote open because scription drugs for our seniors with the policies that move this Nation forward we wanted to make sure that that half President’s help, and I thank him. today, not Democrat politics that we of women retired, living on very low in- Ms. PELOSI. Mr. Speaker, I yield are witnessing on the floor this comes, would get what this bill prom- myself such time as I may consume. evening. ises them, $1 or $2 copayments on It is clear that the conduct of the Mrs. JOHNSON of Connecticut. Mr. generics and $3 or $5 on prescriptions, Medicare prescription drug bill is inde- Speaker, I thank the gentleman for his that is all. fensible, and that is why not one mem- eloquent remarks. But we had to pass this bill for an- ber of the elected leadership of the ma- Ms. PELOSI. Mr. Speaker, I yield 1 other reason. It does more to improve jority could show his face on this floor minute to the very distinguished gen- payments for rural health care pro- today to defend that behavior. It is tleman from Illinois (Mr. GUTIERREZ). viders and to link rural health care to clear. Mr. GUTIERREZ. Mr. Speaker, when sophisticated medical centers than any If we had so much time that night I came here in 1993, the Republican ma- legislative initiative from this body that we could wait, why could we not

VerDate jul 14 2003 04:26 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00106 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.087 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12853 have time to debate? We had asked the the Republicans will go to any length Pitts Schrock Terry Committee on Rules for more time for to justify the wrong actions that they Platts Sensenbrenner Thomas Pombo Sessions Tiahrt debate. Were the Republicans afraid are taking. So convinced of the cor- Porter Shadegg Tiberi that the American people would find rectness of their position that they Portman Shaw Toomey out with further debate that they have think that any action is justified. Let Pryce (OH) Shays Turner (OH) Putnam Sherwood a prohibition in the bill from this gov- that not be the rule that applies to any Upton Radanovich Shimkus Walden (OR) ernment negotiating for lower prices Ramstad Shuster of us on either side of the aisle. Walsh Regula Simmons for prescription drugs for our seniors? So, Mr. Speaker, with that I urge my Wamp Were they afraid that they would find Rehberg Simpson colleagues to support our privileged Renzi Smith (MI) Weldon (FL) out if they make $13,470 a year that resolution. Reynolds Smith (NJ) Weldon (PA) they pay $4,000 of their first $5,000 for Mr. Speaker, I yield back the balance Rogers (AL) Smith (TX) Weller prescription drug benefits, $4,000 of Rogers (KY) Souder Whitfield of my time. Rogers (MI) Stearns Wicker their first $5,000? MOTION TO TABLE OFFERED BY MRS. JOHNSON Ros-Lehtinen Sullivan Wilson (NM) I brought this privileged resolution OF CONNECTICUT Royce Sweeney Wilson (SC) to the floor not because the Repub- Ryan (WI) Tancredo Wolf Mrs. JOHNSON of Connecticut. Mr. licans had once again abused their Ryun (KS) Tauzin Young (FL) Speaker, I offer a motion. power and once again had abused their Saxton Taylor (NC) The SPEAKER pro tempore (Mr. customs and traditions of this House. I NAYS—182 LATOURETTE). The Clerk will report brought this privileged resolution to Abercrombie Hill Obey the motion. the House because there were news- Alexander Hinchey Olver The Clerk read as follows: Allen Hinojosa Ortiz paper publications of rumors of brib- Baird Hoeffel Owens Mrs. JOHNSON of Connecticut moves that ery, of $100,000 on the floor of this Baldwin Holden the resolution be laid on the table. Pallone House to a Member of Congress and a Ballance Holt Pastor threat to that Member of Congress that The SPEAKER pro tempore. The mo- Becerra Honda Payne tion is not debatable. Bell Hooley (OR) Pelosi his son would never come to Congress Berkley Hoyer Peterson (MN) unless he voted with the Republicans. The question is on the motion to Berry Inslee Pomeroy The public deserves answers to that table offered by the gentlewoman by Bishop (GA) Israel Price (NC) question. We will not let this rest. The Connecticut (Mrs. JOHNSON). Bishop (NY) Jackson (IL) Rahall Blumenauer Jackson-Lee Republican leadership can run, but The question was taken; and the Rangel Boswell (TX) Reyes they cannot hide from that rumor of Speaker pro tempore announced that Boyd Jefferson Rodriguez bribery taking place on this floor of the ayes appeared to have it. Brady (PA) John Ross Brown (OH) Johnson, E. B. Rothman the House. The Member himself has as- Ms. PELOSI. Mr. Speaker, on that I Brown, Corrine Jones (OH) serted that, but we could not come to Roybal-Allard demand the yeas and nays. Capps Kanjorski Ruppersberger Cardin Kaptur the floor until we had a written docu- The yeas and nays were ordered. Rush Cardoza Kildee mentation of that assertion. That as- Ryan (OH) The vote was taken by electronic de- Carson (IN) Kilpatrick Sabo sertion is now documented. vice, and there were—yeas 207, nays Case Kind Sanchez, Linda Mr. Speaker, much has been said Clay Kleczka 182, not voting 45, as follows: T. Clyburn Kucinich about the President’s signing this his- Sanchez, Loretta [Roll No. 677] Conyers Lampson Sanders toric legislation today. This is not his- Cooper Langevin YEAS—207 Sandlin toric legislation. This is an historic Costello Larson (CT) Aderholt Diaz-Balart, L. Schakowsky Johnson, Sam Cramer Lee missed opportunity to do what is right Akin Diaz-Balart, M. Scott (GA) Jones (NC) Crowley Levin for America’s seniors. It is historic in Bachus Doolittle Scott (VA) Keller Cummings Lewis (GA) Ballenger Dreier this respect: 40 years ago when the Kelly Davis (AL) Lipinski Serrano Barrett (SC) Dunn Democratic Congress and the Demo- Kennedy (MN) Davis (CA) Lofgren Sherman Bartlett (MD) Ehlers King (IA) Davis (IL) Lowey Skelton cratic President made Medicare the Barton (TX) Emerson King (NY) Davis (TN) Lucas (KY) Slaughter Bass English law of the land, only 13 Republicans Kingston DeFazio Majette Smith (WA) Beauprez Feeney voted for the Medicare bill. They had Kirk DeGette Maloney Snyder Bereuter Ferguson Kline Delahunt Markey Solis been waging war. The Republicans had Biggert Flake Knollenberg DeLauro Marshall Spratt been waging war on Medicare for 40 Bilirakis Foley Kolbe Deutsch Matheson Stenholm Bishop (UT) Forbes years. They had their opportunity to LaHood Dicks Matsui Strickland Blackburn Fossella have a full airing of the debate that Latham Dingell McCarthy (MO) Stupak Blunt Franks (AZ) LaTourette Doyle McCarthy (NY) Tanner night so the public could hear what Boehlert Frelinghuysen Leach Edwards McCollum Tauscher Boehner Garrett (NJ) they were up to with their Trojan horse Lewis (CA) Emanuel McDermott Taylor (MS) Bonilla Gibbons of a piece of legislation. They did not Lewis (KY) Engel McGovern Thompson (CA) Bonner Gilchrest Linder Eshoo McIntyre Thompson (MS) have time to debate. They could not Bono Gillmor LoBiondo Etheridge McNulty Tierney honor our request for more time to dis- Boozman Gingrey Lucas (OK) Evans Meehan Towns Bradley (NH) Goode cuss this very historic and important McCotter Farr Meek (FL) Turner (TX) Brady (TX) Goodlatte legislation. They did have time for McCrery Fattah Meeks (NY) Udall (CO) Brown (SC) Goss McHugh Ford Michaud Udall (NM) bribery on the floor of the House of Brown-Waite, Granger McInnis Frank (MA) Millender- Van Hollen Ginny Graves Representatives. McKeon Frost McDonald Velazquez Burgess Green (WI) So, Mr. Speaker, this is an issue Mica Gonzalez Miller (NC) Visclosky Burns Greenwood about how we conduct the people’s Miller (FL) Gordon Mollohan Waters Buyer Gutknecht Miller (MI) Green (TX) Moore Watson business, how we set an example for Camp Harris Moran (KS) Grijalva Moran (VA) Watt Cannon Hart the rest of the world. It is an example Murphy Gutierrez Murtha Weiner Cantor Hastings (WA) of how people are not accountable for Musgrave Hall Napolitano Woolsey Capito Hayes Myrick Harman Neal (MA) Wu their behavior on this floor by having Carter Hayworth Nethercutt Hastings (FL) Oberstar Wynn business conducted here in a way that Castle Hefley Neugebauer brings shame and dishonor to this Chabot Hensarling Ney NOT VOTING—45 Chocola Herger Northup House and not even coming to this Ackerman Cunningham Janklow Coble Hobson Norwood Andrews Davis (FL) Kennedy (RI) floor to listen to the debate or to de- Cole Hoekstra Nunes Baca Doggett Lantos fend that conduct. This is a very his- Collins Hostettler Nussle Baker Dooley (CA) Larsen (WA) Cox Houghton Osborne toric day indeed because this is a day Berman Duncan Lynch Crane Hulshof Ose Boucher Everett Manzullo when the American people are finding Crenshaw Hunter Otter Burr Filner Menendez out that the Republicans will go to any Culberson Hyde Paul Burton (IN) Fletcher Miller, Gary Davis, Jo Ann Isakson Pearce length to be the handmaidens of the Calvert Gallegly Miller, George Davis, Tom Issa Pence pharmaceutical industry. They will go Capuano Gephardt Nadler Deal (GA) Jenkins Peterson (PA) Carson (OK) Gerlach Oxley to any length to be beholden to the DeLay Johnson (CT) Petri Cubin Istook Pascrell HMOs and the insurance industry, that DeMint Johnson (IL) Pickering

VerDate jul 14 2003 05:01 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00107 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.089 H08PT1 H12854 CONGRESSIONAL RECORD — HOUSE December 8, 2003 Quinn Stark Waxman appoints the following Members of the posing limitations and penalties on the Rohrabacher Thornberry Wexler Schiff Vitter Young (AK) House to the Committee to Notify the transmission of unsolicited commercial President: electronic mail via the Internet, with a ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The gentleman from Texas (Mr. Senate amendment to the House The SPEAKER pro tempore (Mr. DELAY); amendment thereto, and concur in the LATOURETTE)(during the vote). Mem- the gentlewoman from California Senate amendment to the House bers are advised there are 2 minutes re- (Ms. PELOSI). amendment. maining in this vote. f The Clerk read the title of the Senate b 1704 AUTHORIZING THE SPEAKER, MA- bill. Messrs. FRANK of Massachusetts, JORITY LEADER, AND MINORITY The Clerk read the Senate amend- DAVIS of Illinois, and HALL changed LEADER TO ACCEPT RESIGNA- ment to the House amendment, as fol- their vote from ‘‘yea’’ to ‘‘nay.’’ TIONS AND TO MAKE APPOINT- lows: Messrs. OSBORNE, RYUN of Kansas, MENTS AUTHORIZED BY LAW OR Senate amendment to House amendment: GREENWOOD, AKIN, BEAUPREZ, and BY THE HOUSE FOR THE RE- In lieu of the matter proposed to be in- TANCREDO, and Ms. HART changed MAINDER OF THE 108TH CON- serted by the House amendment their vote from ‘‘nay’’ to ‘‘yea.’’ GRESS to the text of the bill, insert: So the motion to table was agreed to. The result of the vote was announced Mr. DELAY. Mr. Speaker, I ask unan- SECTION 1. SHORT TITLE. as above recorded. imous consent that for the remainder This Act may be cited as the ‘‘Controlling the A motion to reconsider was laid on of the 108th Congress, the Speaker, the Assault of Non-Solicited Pornography and Mar- Majority Leader, and the Minority keting Act of 2003’’, or the ‘‘CAN-SPAM Act of the table. 2003’’. Stated against: Leader be authorized to accept resigna- Mr. FILNER. Mr. Speaker, on rollcall No. tions and to make appointments au- SEC. 2. CONGRESSIONAL FINDINGS AND POLICY. 677, due to urgent constituent support commit- thorized by law or by the House. (a) FINDINGS.—The Congress finds the fol- ments in my congressional district, I missed The SPEAKER pro tempore. Is there lowing: the vote. Had I been present, I would have objection to the request of the gen- (1) Electronic mail has become an extremely voted ‘‘no.’’ tleman from Texas? important and popular means of communica- There was no objection. tion, relied on by millions of Americans on a f daily basis for personal and commercial pur- f PERSONAL EXPLANATION poses. Its low cost and global reach make it ex- GRANTING MEMBERS OF THE tremely convenient and efficient, and offer Mr. PASCRELL. Mr. Speaker, the con- HOUSE PRIVILEGE TO EXTEND unique opportunities for the development and ference report for H.R. 2673 allows disastrous AND REVISE REMARKS IN CON- growth of frictionless commerce. overtime regulations to go through, bows to GRESSIONAL RECORD UNTIL (2) The convenience and efficiency of elec- pressure on FCC media ownership regula- LAST EDITION IS PUBLISHED tronic mail are threatened by the extremely tions, contains inadequate funding for the rapid growth in the volume of unsolicited com- manufacturing extension partnership, and in- Mr. DELAY. Mr. Speaker, I ask unan- mercial electronic mail. Unsolicited commercial cludes a flawed public school vouchers pro- imous consent that Members may have electronic mail is currently estimated to account gram. I have opposed all of these provisions until publication of the last edition of for over half of all electronic mail traffic, up in past votes. While I have strong concerns the CONGRESSIONAL RECORD authorized from an estimated 7 percent in 2001, and the vol- about these and other provisions contained in for the first session of the 108th Con- ume continues to rise. Most of these messages gress by the Joint Committee on Print- are fraudulent or deceptive in one or more re- and left out of this omnibus appropriations bill, spects. had I been in attendance, I would have cast ing to revise and extend their remarks and to include brief, related extraneous (3) The receipt of unsolicited commercial elec- an ‘‘aye’’ vote on rollcall No. 676 in support of tronic mail may result in costs to recipients who the many important programs this bill funds. material on any matter occurring be- cannot refuse to accept such mail and who I would have voted ‘‘no’’ on rollcall No. 677, fore the adjournment of the first ses- incur costs for the storage of such mail, or for the motion to table the Democratic Leader’s sion sine die. the time spent accessing, reviewing, and dis- Privileged Resolution. The SPEAKER pro tempore. Is there carding such mail, or for both. f objection to the request of the gen- (4) The receipt of a large number of unwanted tleman from Texas? messages also decreases the convenience of elec- PERSONAL EXPLANATION There was no objection. tronic mail and creates a risk that wanted elec- Mr. BURTON of Indiana. Mr. Speaker, due f tronic mail messages, both commercial and non- to official business outside the Washington, commercial, will be lost, overlooked, or dis- REMOVAL OF NAME OF MEMBER DC, area, I was unable to be present during carded amidst the larger volume of unwanted AS COSPONSOR OF H.R. 3507 rollcall votes 673–677. Had I been here I messages, thus reducing the reliability and use- fulness of electronic mail to the recipient. would have voted ‘‘yea’’ for rollcall votes 673– Ms. PELOSI. Mr. Speaker, I ask unanimous consent to have my name (5) Some commercial electronic mail contains 677. material that many recipients may consider vul- f removed as a cosponsor of H.R. 3507. The SPEAKER pro tempore. Is there gar or pornographic in nature. APPOINTMENT OF COMMITTEE OF objection to the request of the gen- (6) The growth in unsolicited commercial elec- tronic mail imposes significant monetary costs TWO MEMBERS TO INFORM THE tleman from California? PRESIDENT THAT THE HOUSE on providers of Internet access services, busi- There was no objection. nesses, and educational and nonprofit institu- HAS COMPLETED ITS BUSINESS f tions that carry and receive such mail, as there OF THE SESSION REMOVAL OF NAME OF MEMBER is a finite volume of mail that such providers, businesses, and institutions can handle without Mr. DELAY. Mr. Speaker, I offer a AS COSPONSOR OF H. Res. 462 privileged resolution (H. Res. 476) and further investment in infrastructure. ask for its immediate consideration. Mr. TERRY. Mr. Speaker, I ask unan- (7) Many senders of unsolicited commercial The Clerk read the resolution, as fol- imous consent to have my name re- electronic mail purposefully disguise the source lows: moved as a cosponsor of H. Res. 462. of such mail. (8) Many senders of unsolicited commercial H. RES. 476 The SPEAKER pro tempore. Is there electronic mail purposefully include misleading Resolved, That a committee of two Mem- objection to the request of the gen- tleman from Nebraska? information in the messages’ subject lines in bers of the House be appointed to wait upon order to induce the recipients to view the mes- the President of the United States and in- There was no objection. sages. form him that the House of Representatives f has completed its business of the session and (9) While some senders of commercial elec- is ready to adjourn, unless the President has CONTROLLING THE ASSAULT OF tronic mail messages provide simple and reliable some other communication to make to them. NON-SOLICITED PORNOGRAPHY ways for recipients to reject (or ‘‘opt-out’’ of) re- AND MARKET ACT OF 2003 ceipt of commercial electronic mail from such The resolution was agreed to. senders in the future, other senders provide no A motion to reconsider was laid on Mr. TAUZIN. Mr. Speaker, I ask such ‘‘opt-out’’ mechanism, or refuse to honor the table. unanimous consent to take from the the requests of recipients not to receive elec- The SPEAKER pro tempore. Pursu- Speaker’s table the Senate bill (S. 877) tronic mail from such senders in the future, or ant to House Resolution 476, the Chair to regulate interstate commerce by im- both.

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(10) Many senders of bulk unsolicited commer- (4) DOMAIN NAME.—The term ‘‘domain name’’ to the recipient throughout the message as that cial electronic mail use computer programs to means any alphanumeric designation which is particular line of business or division rather gather large numbers of electronic mail address- registered with or assigned by any domain name than as the entity of which such line of business es on an automated basis from Internet websites registrar, domain name registry, or other do- or division is a part, then the line of business or or online services where users must post their main name registration authority as part of an the division shall be treated as the sender of addresses in order to make full use of the electronic address on the Internet. such message for purposes of this Act. website or service. (5) ELECTRONIC MAIL ADDRESS.—The term (17) TRANSACTIONAL OR RELATIONSHIP MES- (11) Many States have enacted legislation in- ‘‘electronic mail address’’ means a destination, SAGE.— tended to regulate or reduce unsolicited commer- commonly expressed as a string of characters, (A) IN GENERAL.—The term ‘‘transactional or cial electronic mail, but these statutes impose consisting of a unique user name or mailbox relationship message’’ means an electronic mail different standards and requirements. As a re- (commonly referred to as the ‘‘local part’’) and message the primary purpose of which is— sult, they do not appear to have been successful a reference to an Internet domain (commonly re- (i) to facilitate, complete, or confirm a com- in addressing the problems associated with un- ferred to as the ‘‘domain part’’), whether or not mercial transaction that the recipient has pre- solicited commercial electronic mail, in part be- displayed, to which an electronic mail message viously agreed to enter into with the sender; cause, since an electronic mail address does not can be sent or delivered. (ii) to provide warranty information, product specify a geographic location, it can be ex- (6) ELECTRONIC MAIL MESSAGE.—The term recall information, or safety or security informa- tremely difficult for law-abiding businesses to ‘‘electronic mail message’’ means a message sent tion with respect to a commercial product or know with which of these disparate statutes to a unique electronic mail address. service used or purchased by the recipient; they are required to comply. (7) FTC ACT.—The term ‘‘FTC Act’’ means the (iii) to provide— (12) The problems associated with the rapid Federal Trade Commission Act (15 U.S.C. 41 et (I) notification concerning a change in the growth and abuse of unsolicited commercial seq.). terms or features of; electronic mail cannot be solved by Federal leg- (8) HEADER INFORMATION.—The term ‘‘header (II) notification of a change in the recipient’s islation alone. The development and adoption of information’’ means the source, destination, and standing or status with respect to; or technological approaches and the pursuit of co- routing information attached to an electronic (III) at regular periodic intervals, account operative efforts with other countries will be mail message, including the originating domain balance information or other type of account necessary as well. name and originating electronic mail address, statement with respect to, (b) CONGRESSIONAL DETERMINATION OF PUB- and any other information that appears in the a subscription, membership, account, loan, or LIC POLICY.—On the basis of the findings in line identifying, or purporting to identify, a per- comparable ongoing commercial relationship in- subsection (a), the Congress determines that— son initiating the message. volving the ongoing purchase or use by the re- (1) there is a substantial government interest (9) INITIATE.—The term ‘‘initiate’’, when used cipient of products or services offered by the in regulation of commercial electronic mail on a with respect to a commercial electronic mail mes- sender; nationwide basis; sage, means to originate or transmit such mes- (iv) to provide information directly related to (2) senders of commercial electronic mail sage or to procure the origination or trans- an employment relationship or related benefit should not mislead recipients as to the source or mission of such message, but shall not include plan in which the recipient is currently in- content of such mail; and actions that constitute routine conveyance of volved, participating, or enrolled; or (3) recipients of commercial electronic mail such message. For purposes of this paragraph, (v) to deliver goods or services, including have a right to decline to receive additional more than one person may be considered to have product updates or upgrades, that the recipient commercial electronic mail from the same source. initiated a message. is entitled to receive under the terms of a trans- (10) INTERNET.—The term ‘‘Internet’’ has the action that the recipient has previously agreed SEC. 3. DEFINITIONS. meaning given that term in the Internet Tax to enter into with the sender. In this Act: Freedom Act (47 U.S.C. 151 nt). (B) MODIFICATION OF DEFINITION.—The Com- (1) AFFIRMATIVE CONSENT.—The term ‘‘affirm- (11) INTERNET ACCESS SERVICE.—The term mission by regulation pursuant to section 13 ative consent’’, when used with respect to a ‘‘Internet access service’’ has the meaning given may modify the definition in subparagraph (A) commercial electronic mail message, means that term in section 231(e)(4) of the Communica- to expand or contract the categories of messages that— tions Act of 1934 (47 U.S.C. 231(e)(4)). that are treated as transactional or relationship (A) the recipient expressly consented to re- (12) PROCURE.—The term ‘‘procure’’, when messages for purposes of this Act to the extent ceive the message, either in response to a clear used with respect to the initiation of a commer- that such modification is necessary to accommo- and conspicuous request for such consent or at cial electronic mail message, means intentionally date changes in electronic mail technology or the recipient’s own initiative; and to pay or provide other consideration to, or in- practices and accomplish the purposes of this (B) if the message is from a party other than duce, another person to initiate such a message Act. the party to which the recipient communicated on one’s behalf. such consent, the recipient was given clear and SEC. 4. PROHIBITION AGAINST PREDATORY AND (13) PROTECTED COMPUTER.—The term ‘‘pro- ABUSIVE COMMERCIAL E-MAIL. conspicuous notice at the time the consent was tected computer’’ has the meaning given that communicated that the recipient’s electronic (a) OFFENSE.— term in section 1030(e)(2)(B) of title 18, United (1) IN GENERAL.—Chapter 47 of title 18, United mail address could be transferred to such other States Code. party for the purpose of initiating commercial States Code, is amended by adding at the end (14) RECIPIENT.—The term ‘‘recipient’’, when the following new section: electronic mail messages. used with respect to a commercial electronic (2) COMMERCIAL ELECTRONIC MAIL MESSAGE.— mail message, means an authorized user of the ‘‘§ 1037. Fraud and related activity in connec- (A) IN GENERAL.—The term ‘‘commercial elec- electronic mail address to which the message tion with electronic mail tronic mail message’’ means any electronic mail was sent or delivered. If a recipient of a commer- ‘‘(a) IN GENERAL.—Whoever, in or affecting message the primary purpose of which is the cial electronic mail message has one or more interstate or foreign commerce, knowingly— commercial advertisement or promotion of a electronic mail addresses in addition to the ad- ‘‘(1) accesses a protected computer without commercial product or service (including content dress to which the message was sent or deliv- authorization, and intentionally initiates the on an Internet website operated for a commer- ered, the recipient shall be treated as a separate transmission of multiple commercial electronic cial purpose). recipient with respect to each such address. If mail messages from or through such computer, (B) TRANSACTIONAL OR RELATIONSHIP MES- an electronic mail address is reassigned to a new ‘‘(2) uses a protected computer to relay or re- SAGES.—The term ‘‘commercial electronic mail user, the new user shall not be treated as a re- transmit multiple commercial electronic mail message’’ does not include a transactional or re- cipient of any commercial electronic mail mes- messages, with the intent to deceive or mislead lationship message. sage sent or delivered to that address before it recipients, or any Internet access service, as to (C) REGULATIONS REGARDING PRIMARY PUR- was reassigned. the origin of such messages, POSE.—Not later than 12 months after the date (15) ROUTINE CONVEYANCE.—The term ‘‘rou- ‘‘(3) materially falsifies header information in of the enactment of this Act, the Commission tine conveyance’’ means the transmission, rout- multiple commercial electronic mail messages shall issue regulations pursuant to section 13 ing, relaying, handling, or storing, through an and intentionally initiates the transmission of defining the relevant criteria to facilitate the de- automatic technical process, of an electronic such messages, termination of the primary purpose of an elec- mail message for which another person has ‘‘(4) registers, using information that materi- tronic mail message. identified the recipients or provided the recipi- ally falsifies the identity of the actual reg- (D) REFERENCE TO COMPANY OR WEBSITE.— ent addresses. istrant, for five or more electronic mail accounts The inclusion of a reference to a commercial en- (16) SENDER.— or online user accounts or two or more domain tity or a link to the website of a commercial en- (A) IN GENERAL.—Except as provided in sub- names, and intentionally initiates the trans- tity in an electronic mail message does not, by paragraph (B), the term ‘‘sender’’, when used mission of multiple commercial electronic mail itself, cause such message to be treated as a with respect to a commercial electronic mail mes- messages from any combination of such ac- commercial electronic mail message for purposes sage, means a person who initiates such a mes- counts or domain names, or of this Act if the contents or circumstances of sage and whose product, service, or Internet ‘‘(5) falsely represents oneself to be the reg- the message indicate a primary purpose other web site is advertised or promoted by the mes- istrant or the legitimate successor in interest to than commercial advertisement or promotion of sage. the registrant of 5 or more Internet Protocol ad- a commercial product or service. (B) SEPARATE LINES OF BUSINESS OR DIVI- dresses, and intentionally initiates the trans- (3) COMMISSION.—The term ‘‘Commission’’ SIONS.—If an entity operates through separate mission of multiple commercial electronic mail means the Federal Trade Commission. lines of business or divisions and holds itself out messages from such addresses,

VerDate jul 14 2003 05:01 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00109 Fmt 0636 Sfmt 6333 E:\CR\FM\A08DE7.071 H08PT1 H12856 CONGRESSIONAL RECORD — HOUSE December 8, 2003 or conspires to do so, shall be punished as pro- ‘‘Sec. to relay or retransmit the message for purposes vided in subsection (b). ‘‘1037. Fraud and related activity in connection of disguising its origin. ‘‘(b) PENALTIES.—The punishment for an of- with electronic mail.’’. (2) PROHIBITION OF DECEPTIVE SUBJECT HEAD- fense under subsection (a) is— (b) UNITED STATES SENTENCING COMMISSION.— INGS.—It is unlawful for any person to initiate ‘‘(1) a fine under this title, imprisonment for (1) DIRECTIVE.—Pursuant to its authority the transmission to a protected computer of a not more than 5 years, or both, if— under section 994(p) of title 28, United States commercial electronic mail message if such per- ‘‘(A) the offense is committed in furtherance Code, and in accordance with this section, the son has actual knowledge, or knowledge fairly of any felony under the laws of the United United States Sentencing Commission shall re- implied on the basis of objective circumstances, States or of any State; or view and, as appropriate, amend the sentencing that a subject heading of the message would be ‘‘(B) the defendant has previously been con- guidelines and policy statements to provide ap- likely to mislead a recipient, acting reasonably victed under this section or section 1030, or propriate penalties for violations of section 1037 under the circumstances, about a material fact under the law of any State for conduct involv- of title 18, United States Code, as added by this regarding the contents or subject matter of the ing the transmission of multiple commercial elec- section, and other offenses that may be facili- message (consistent with the criteria used in en- tronic mail messages or unauthorized access to a tated by the sending of large quantities of unso- forcement of section 5 of the Federal Trade Com- computer system; licited electronic mail. mission Act (15 U.S.C. 45)). ‘‘(2) a fine under this title, imprisonment for (2) REQUIREMENTS.—In carrying out this sub- (3) INCLUSION OF RETURN ADDRESS OR COM- not more than 3 years, or both, if— section, the Sentencing Commission shall con- PARABLE MECHANISM IN COMMERCIAL ELEC- ‘‘(A) the offense is an offense under sub- sider providing sentencing enhancements for— TRONIC MAIL.— section (a)(1); (A) those convicted under section 1037 of title (A) IN GENERAL.—It is unlawful for any per- ‘‘(B) the offense is an offense under sub- 18, United States Code, who— son to initiate the transmission to a protected section (a)(4) and involved 20 or more falsified (i) obtained electronic mail addresses through computer of a commercial electronic mail mes- electronic mail or online user account registra- improper means, including— sage that does not contain a functioning return tions, or 10 or more falsified domain name reg- (I) harvesting electronic mail addresses of the electronic mail address or other Internet-based istrations; users of a website, proprietary service, or other mechanism, clearly and conspicuously dis- ‘‘(C) the volume of electronic mail messages online public forum operated by another person, played, that— transmitted in furtherance of the offense exceed- without the authorization of such person; and (i) a recipient may use to submit, in a manner ed 2,500 during any 24-hour period, 25,000 dur- (II) randomly generating electronic mail ad- specified in the message, a reply electronic mail ing any 30-day period, or 250,000 during any 1- dresses by computer; or message or other form of Internet-based commu- year period; (ii) knew that the commercial electronic mail nication requesting not to receive future com- ‘‘(D) the offense caused loss to one or more messages involved in the offense contained or mercial electronic mail messages from that send- persons aggregating $5,000 or more in value dur- advertised an Internet domain for which the er at the electronic mail address where the mes- ing any 1-year period; registrant of the domain had provided false reg- sage was received; and ‘‘(E) as a result of the offense any individual istration information; and (ii) remains capable of receiving such mes- committing the offense obtained anything of (B) those convicted of other offenses, includ- sages or communications for no less than 30 value aggregating $5,000 or more during any 1- ing offenses involving fraud, identity theft, ob- days after the transmission of the original mes- year period; or scenity, child pornography, and the sexual ex- sage. ‘‘(F) the offense was undertaken by the de- ploitation of children, if such offenses involved (B) MORE DETAILED OPTIONS POSSIBLE.—The fendant in concert with 3 or more other persons the sending of large quantities of electronic person initiating a commercial electronic mail with respect to whom the defendant occupied a mail. message may comply with subparagraph (A)(i) position of organizer or leader; and (c) SENSE OF CONGRESS.—It is the sense of by providing the recipient a list or menu from ‘‘(3) a fine under this title or imprisonment for Congress that— which the recipient may choose the specific not more than 1 year, or both, in any other case. (1) Spam has become the method of choice for types of commercial electronic mail messages the ‘‘(c) FORFEITURE.— those who distribute pornography, perpetrate recipient wants to receive or does not want to ‘‘(1) IN GENERAL.—The court, in imposing sen- fraudulent schemes, and introduce viruses, receive from the sender, if the list or menu in- tence on a person who is convicted of an offense worms, and Trojan horses into personal and cludes an option under which the recipient may under this section, shall order that the defend- business computer systems; and choose not to receive any commercial electronic ant forfeit to the United States— (2) the Department of Justice should use all mail messages from the sender. ‘‘(A) any property, real or personal, consti- existing law enforcement tools to investigate and (C) TEMPORARY INABILITY TO RECEIVE MES- tuting or traceable to gross proceeds obtained prosecute those who send bulk commercial e- SAGES OR PROCESS REQUESTS.—A return elec- from such offense; and mail to facilitate the commission of Federal tronic mail address or other mechanism does not ‘‘(B) any equipment, software, or other tech- crimes, including the tools contained in chapters fail to satisfy the requirements of subparagraph nology used or intended to be used to commit or 47 and 63 of title 18, United States Code (relat- (A) if it is unexpectedly and temporarily unable to facilitate the commission of such offense. ing to fraud and false statements); chapter 71 of to receive messages or process requests due to a ‘‘(2) PROCEDURES.—The procedures set forth title 18, United States Code (relating to obscen- technical problem beyond the control of the in section 413 of the Controlled Substances Act ity); chapter 110 of title 18, United States Code sender if the problem is corrected within a rea- (21 U.S.C. 853), other than subsection (d) of that (relating to the sexual exploitation of children); sonable time period. section, and in Rule 32.2 of the Federal Rules of and chapter 95 of title 18, United States Code (4) PROHIBITION OF TRANSMISSION OF COMMER- Criminal Procedure, shall apply to all stages of (relating to racketeering), as appropriate. CIAL ELECTRONIC MAIL AFTER OBJECTION.— a criminal forfeiture proceeding under this sec- SEC. 5. OTHER PROTECTIONS FOR USERS OF (A) IN GENERAL.—If a recipient makes a re- tion. COMMERCIAL ELECTRONIC MAIL. quest using a mechanism provided pursuant to ‘‘(d) DEFINITIONS.—In this section: (a) REQUIREMENTS FOR TRANSMISSION OF MES- paragraph (3) not to receive some or any com- ‘‘(1) LOSS.—The term ‘loss’ has the meaning SAGES.— mercial electronic mail messages from such send- given that term in section 1030(e) of this title. (1) PROHIBITION OF FALSE OR MISLEADING er, then it is unlawful— ‘‘(2) MATERIALLY.—For purposes of para- TRANSMISSION INFORMATION.—It is unlawful for (i) for the sender to initiate the transmission graphs (3) and (4) of subsection (a), header in- any person to initiate the transmission, to a pro- to the recipient, more than 10 business days formation or registration information is materi- tected computer, of a commercial electronic mail after the receipt of such request, of a commercial ally falsified if it is altered or concealed in a message, or a transactional or relationship mes- electronic mail message that falls within the manner that would impair the ability of a re- sage, that contains, or is accompanied by, head- scope of the request; cipient of the message, an Internet access serv- er information that is materially false or materi- (ii) for any person acting on behalf of the ice processing the message on behalf of a recipi- ally misleading. For purposes of this para- sender to initiate the transmission to the recipi- ent, a person alleging a violation of this section, graph— ent, more than 10 business days after the receipt or a law enforcement agency to identify, locate, (A) header information that is technically ac- of such request, of a commercial electronic mail or respond to a person who initiated the elec- curate but includes an originating electronic message with actual knowledge, or knowledge tronic mail message or to investigate the alleged mail address, domain name, or Internet Protocol fairly implied on the basis of objective cir- violation. address the access to which for purposes of initi- cumstances, that such message falls within the ‘‘(3) MULTIPLE.—The term ‘multiple’ means ating the message was obtained by means of scope of the request; more than 100 electronic mail messages during a false or fraudulent pretenses or representations (iii) for any person acting on behalf of the 24-hour period, more than 1,000 electronic mail shall be considered materially misleading; sender to assist in initiating the transmission to messages during a 30-day period, or more than (B) a ‘‘from’’ line (the line identifying or pur- the recipient, through the provision or selection 10,000 electronic mail messages during a 1-year porting to identify a person initiating the mes- of addresses to which the message will be sent, period. sage) that accurately identifies any person who of a commercial electronic mail message with ac- ‘‘(4) OTHER TERMS.—Any other term has the initiated the message shall not be considered tual knowledge, or knowledge fairly implied on meaning given that term by section 3 of the materially false or materially misleading; and the basis of objective circumstances, that such CAN-SPAM Act of 2003.’’. (C) header information shall be considered message would violate clause (i) or (ii); or (2) CONFORMING AMENDMENT.—The chapter materially misleading if it fails to identify accu- (iv) for the sender, or any other person who analysis for chapter 47 of title 18, United States rately a protected computer used to initiate the knows that the recipient has made such a re- Code, is amended by adding at the end the fol- message because the person initiating the mes- quest, to sell, lease, exchange, or otherwise lowing: sage knowingly uses another protected computer transfer or release the electronic mail address of

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00110 Fmt 0636 Sfmt 6333 E:\CR\FM\A08DE7.071 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12857 the recipient (including through any trans- cial electronic mail message that is unlawful (1) knows, or should have known in the ordi- action or other transfer involving mailing lists under subsection (a) from a protected computer nary course of that person’s trade or business, bearing the electronic mail address of the recipi- or computer network that such person has that the goods, products, property, or services ent) for any purpose other than compliance accessed without authorization. sold, offered for sale, leased or offered for lease, with this Act or other provision of law. (c) SUPPLEMENTARY RULEMAKING AUTHOR- or otherwise made available through that trade (B) SUBSEQUENT AFFIRMATIVE CONSENT.—A ITY.—The Commission shall by regulation, pur- or business were being promoted in such a mes- prohibition in subparagraph (A) does not apply suant to section 13— sage; if there is affirmative consent by the recipient (1) modify the 10-business-day period under (2) received or expected to receive an economic subsequent to the request under subparagraph subsection (a)(4)(A) or subsection (a)(4)(B), or benefit from such promotion; and (A). both, if the Commission determines that a dif- (3) took no reasonable action— (5) INCLUSION OF IDENTIFIER, OPT-OUT, AND ferent period would be more reasonable after (A) to prevent the transmission; or PHYSICAL ADDRESS IN COMMERCIAL ELECTRONIC taking into account— (B) to detect the transmission and report it to MAIL.— (A) the purposes of subsection (a); the Commission. (A) It is unlawful for any person to initiate (B) the interests of recipients of commercial (b) LIMITED ENFORCEMENT AGAINST THIRD the transmission of any commercial electronic electronic mail; and PARTIES.— mail message to a protected computer unless the (C) the burdens imposed on senders of lawful (1) IN GENERAL.—Except as provided in para- message provides— commercial electronic mail; and graph (2), a person (hereinafter referred to as (i) clear and conspicuous identification that (2) specify additional activities or practices to the ‘‘third party’’) that provides goods, prod- the message is an advertisement or solicitation; which subsection (b) applies if the Commission ucts, property, or services to another person (ii) clear and conspicuous notice of the oppor- determines that those activities or practices are that violates subsection (a) shall not be held lia- tunity under paragraph (3) to decline to receive contributing substantially to the proliferation of ble for such violation. further commercial electronic mail messages commercial electronic mail messages that are un- (2) EXCEPTION.—Liability for a violation of from the sender; and lawful under subsection (a). subsection (a) shall be imputed to a third party (iii) a valid physical postal address of the (d) REQUIREMENT TO PLACE WARNING LABELS that provides goods, products, property, or serv- sender. ON COMMERCIAL ELECTRONIC MAIL CONTAINING ices to another person that violates subsection (B) Subparagraph (A)(i) does not apply to the SEXUALLY ORIENTED MATERIAL.— (a) if that third party— transmission of a commercial electronic mail (1) IN GENERAL.—No person may initiate in or (A) owns, or has a greater than 50 percent message if the recipient has given prior affirma- affecting interstate commerce the transmission, ownership or economic interest in, the trade or tive consent to receipt of the message. to a protected computer, of any commercial elec- business of the person that violated subsection (6) MATERIALLY.—For purposes of paragraph tronic mail message that includes sexually ori- (a); or (1), the term ‘‘materially’’, when used with re- ented material and— (B)(i) has actual knowledge that goods, prod- spect to false or misleading header information, (A) fail to include in subject heading for the ucts, property, or services are promoted in a includes the alteration or concealment of header electronic mail message the marks or notices pre- commercial electronic mail message the trans- information in a manner that would impair the scribed by the Commission under this sub- mission of which is in violation of section ability of an Internet access service processing section; or 5(a)(1); and (B) fail to provide that the matter in the mes- the message on behalf of a recipient, a person (ii) receives, or expects to receive, an economic sage that is initially viewable to the recipient, alleging a violation of this section, or a law en- benefit from such promotion. when the message is opened by any recipient forcement agency to identify, locate, or respond (c) EXCLUSIVE ENFORCEMENT BY FTC.—Sub- and absent any further actions by the recipient, to a person who initiated the electronic mail sections (f) and (g) of section 7 do not apply to includes only— message or to investigate the alleged violation, violations of this section. (i) to the extent required or authorized pursu- or the ability of a recipient of the message to re- (d) SAVINGS PROVISION.—Except as provided ant to paragraph (2), any such marks or notices; in section 7(f)(8), nothing in this section may be spond to a person who initiated the electronic (ii) the information required to be included in construed to limit or prevent any action that message. the message pursuant to subsection (a)(5); and may be taken under this Act with respect to any (b) AGGRAVATED VIOLATIONS RELATING TO (iii) instructions on how to access, or a mech- violation of any other section of this Act. COMMERCIAL ELECTRONIC MAIL.— anism to access, the sexually oriented material. (1) ADDRESS HARVESTING AND DICTIONARY AT- (2) PRIOR AFFIRMATIVE CONSENT.—Paragraph SEC. 7. ENFORCEMENT GENERALLY. TACKS.— (1) does not apply to the transmission of an elec- (a) VIOLATION IS UNFAIR OR DECEPTIVE ACT (A) IN GENERAL.—It is unlawful for any per- tronic mail message if the recipient has given OR PRACTICE.—Except as provided in subsection son to initiate the transmission, to a protected prior affirmative consent to receipt of the mes- (b), this Act shall be enforced by the Commission computer, of a commercial electronic mail mes- sage. as if the violation of this Act were an unfair or sage that is unlawful under subsection (a), or to (3) PRESCRIPTION OF MARKS AND NOTICES.— deceptive act or practice proscribed under sec- assist in the origination of such message Not later than 120 days after the date of the en- tion 18(a)(1)(B) of the Federal Trade Commis- through the provision or selection of addresses actment of this Act, the Commission in consulta- sion Act (15 U.S.C. 57a(a)(1)(B)). to which the message will be transmitted, if such tion with the Attorney General shall prescribe (b) ENFORCEMENT BY CERTAIN OTHER AGEN- person had actual knowledge, or knowledge clearly identifiable marks or notices to be in- CIES.—Compliance with this Act shall be en- fairly implied on the basis of objective cir- cluded in or associated with commercial elec- forced— cumstances, that— tronic mail that contains sexually oriented ma- (1) under section 8 of the Federal Deposit In- (i) the electronic mail address of the recipient terial, in order to inform the recipient of that surance Act (12 U.S.C. 1818), in the case of— was obtained using an automated means from fact and to facilitate filtering of such electronic (A) national banks, and Federal branches and an Internet website or proprietary online service mail. The Commission shall publish in the Fed- Federal agencies of foreign banks, by the Office operated by another person, and such website or eral Register and provide notice to the public of of the Comptroller of the Currency; online service included, at the time the address the marks or notices prescribed under this para- (B) member banks of the Federal Reserve Sys- was obtained, a notice stating that the operator graph. tem (other than national banks), branches and of such website or online service will not give, (4) DEFINITION.—In this subsection, the term agencies of foreign banks (other than Federal sell, or otherwise transfer addresses maintained ‘‘sexually oriented material’’ means any mate- branches, Federal agencies, and insured State by such website or online service to any other rial that depicts sexually explicit conduct (as branches of foreign banks), commercial lending party for the purposes of initiating, or enabling that term is defined in section 2256 of title 18, companies owned or controlled by foreign others to initiate, electronic mail messages; or United States Code), unless the depiction con- banks, organizations operating under section 25 (ii) the electronic mail address of the recipient stitutes a small and insignificant part of the or 25A of the Federal Reserve Act (12 U.S.C. 601 was obtained using an automated means that whole, the remainder of which is not primarily and 611), and bank holding companies, by the generates possible electronic mail addresses by devoted to sexual matters. Board; combining names, letters, or numbers into nu- (5) PENALTY.—Whoever knowingly violates (C) banks insured by the Federal Deposit In- merous permutations. paragraph (1) shall be fined under title 18, surance Corporation (other than members of the (B) DISCLAIMER.—Nothing in this paragraph United States Code, or imprisoned not more Federal Reserve System) insured State branches creates an ownership or proprietary interest in than 5 years, or both. of foreign banks, by the Board of Directors of such electronic mail addresses. SEC. 6. BUSINESSES KNOWINGLY PROMOTED BY the Federal Deposit Insurance Corporation; and (2) AUTOMATED CREATION OF MULTIPLE ELEC- ELECTRONIC MAIL WITH FALSE OR (D) savings associations the deposits of which TRONIC MAIL ACCOUNTS.—It is unlawful for any MISLEADING TRANSMISSION INFOR- are insured by the Federal Deposit Insurance person to use scripts or other automated means MATION. Corporation, by the Director of the Office of to register for multiple electronic mail accounts (a) IN GENERAL.—It is unlawful for a person Thrift Supervision; or online user accounts from which to transmit to promote, or allow the promotion of, that per- (2) under the Federal Credit Union Act (12 to a protected computer, or enable another per- son’s trade or business, or goods, products, U.S.C. 1751 et seq.) by the Board of the National son to transmit to a protected computer, a com- property, or services sold, offered for sale, leased Credit Union Administration with respect to any mercial electronic mail message that is unlawful or offered for lease, or otherwise made available Federally insured credit union; under subsection (a). through that trade or business, in a commercial (3) under the Securities Exchange Act of 1934 (3) RELAY OR RETRANSMISSION THROUGH UNAU- electronic mail message the transmission of (15 U.S.C. 78a et seq.) by the Securities and Ex- THORIZED ACCESS.—It is unlawful for any per- which is in violation of section 5(a)(1) if that change Commission with respect to any broker son knowingly to relay or retransmit a commer- person— or dealer;

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00111 Fmt 0636 Sfmt 6333 E:\CR\FM\A08DE7.071 H08PT1 H12858 CONGRESSIONAL RECORD — HOUSE December 8, 2003 (4) under the Investment Company Act of 1940 gages in a pattern or practice that violates para- (C) compel the attendance of witnesses or the (15 U.S.C. 80a–1 et seq.) by the Securities and graph (3), (4), or (5) of section 5(a), of this Act, production of documentary and other evidence. Exchange Commission with respect to invest- the attorney general, official, or agency of the (7) VENUE; SERVICE OF PROCESS.— ment companies; State, as parens patriae, may bring a civil ac- (A) VENUE.—Any action brought under para- (5) under the Investment Advisers Act of 1940 tion on behalf of the residents of the State in a graph (1) may be brought in the district court of (15 U.S.C. 80b–1 et seq.) by the Securities and district court of the United States of appropriate the United States that meets applicable require- Exchange Commission with respect to invest- jurisdiction— ments relating to venue under section 1391 of ment advisers registered under that Act; (A) to enjoin further violation of section 5 of title 28, United States Code. (6) under State insurance law in the case of this Act by the defendant; or (B) SERVICE OF PROCESS.—In an action any person engaged in providing insurance, by (B) to obtain damages on behalf of residents brought under paragraph (1), process may be the applicable State insurance authority of the of the State, in an amount equal to the greater served in any district in which the defendant— State in which the person is domiciled, subject of— (i) is an inhabitant; or to section 104 of the Gramm-Bliley-Leach Act (15 (i) the actual monetary loss suffered by such (ii) maintains a physical place of business. U.S.C. 6701), except that in any State in which residents; or (8) LIMITATION ON STATE ACTION WHILE FED- the State insurance authority elects not to exer- (ii) the amount determined under paragraph ERAL ACTION IS PENDING.—If the Commission, or cise this power, the enforcement authority pur- (3). other appropriate Federal agency under sub- suant to this Act shall be exercised by the Com- (2) AVAILABILITY OF INJUNCTIVE RELIEF WITH- section (b), has instituted a civil action or an mission in accordance with subsection (a); OUT SHOWING OF KNOWLEDGE.—Notwithstanding administrative action for violation of this Act, (7) under part A of subtitle VII of title 49, any other provision of this Act, in a civil action no State attorney general, or official or agency United States Code, by the Secretary of Trans- under paragraph (1)(A) of this subsection, the of a State, may bring an action under this sub- portation with respect to any air carrier or for- attorney general, official, or agency of the State section during the pendency of that action eign air carrier subject to that part; shall not be required to allege or prove the state against any defendant named in the complaint (8) under the Packers and Stockyards Act, of mind required by section 5(a)(1)(C), section of the Commission or the other agency for any 1921 (7 U.S.C. 181 et seq.) (except as provided in 5(a)(2), clause (ii), (iii), or (iv) of section violation of this Act alleged in the complaint. section 406 of that Act (7 U.S.C. 226, 227)), by 5(a)(4)(A), section 5(b)(1)(A), or section 5(b)(3). (9) REQUISITE SCIENTER FOR CERTAIN CIVIL AC- the Secretary of Agriculture with respect to any (3) STATUTORY DAMAGES.— TIONS.—Except as provided in section 5(a)(1)(C), activities subject to that Act; (A) IN GENERAL.—For purposes of paragraph section 5(a)(2), clause (ii), (iii), or (iv) of section (9) under the Farm Credit Act of 1971 (12 (1)(B)(ii), the amount determined under this 5(a)(4)(A), section 5(b)(1)(A), or section 5(b)(3), U.S.C. 2001 et seq.) by the Farm Credit Adminis- paragraph is the amount calculated by multi- in a civil action brought by a State attorney tration with respect to any Federal land bank, plying the number of violations (with each sepa- general, or an official or agency of a State, to Federal land bank association, Federal inter- rately addressed unlawful message received by recover monetary damages for a violation of this mediate credit bank, or production credit asso- or addressed to such residents treated as a sepa- Act, the court shall not grant the relief sought ciation; and rate violation) by up to $250. unless the attorney general, official, or agency (10) under the Communications Act of 1934 (47 (B) LIMITATION.—For any violation of section establishes that the defendant acted with actual U.S.C. 151 et seq.) by the Federal Communica- 5 (other than section 5(a)(1)), the amount deter- knowledge, or knowledge fairly implied on the tions Commission with respect to any person mined under subparagraph (A) may not exceed basis of objective circumstances, of the act or subject to the provisions of that Act. $2,000,000. omission that constitutes the violation. (c) EXERCISE OF CERTAIN POWERS.—For the (C) AGGRAVATED DAMAGES.—The court may (g) ACTION BY PROVIDER OF INTERNET ACCESS purpose of the exercise by any agency referred increase a damage award to an amount equal to SERVICE.— to in subsection (b) of its powers under any Act not more than three times the amount otherwise (1) ACTION AUTHORIZED.—A provider of Inter- referred to in that subsection, a violation of this available under this paragraph if— net access service adversely affected by a viola- Act is deemed to be a violation of a Federal (i) the court determines that the defendant tion of section 5(a)(1), 5(b), or 5(d), or a pattern Trade Commission trade regulation rule. In ad- committed the violation willfully and know- or practice that violates paragraph (2), (3), (4), dition to its powers under any provision of law ingly; or or (5) of section 5(a), may bring a civil action in specifically referred to in subsection (b), each of (ii) the defendant’s unlawful activity included any district court of the United States with ju- the agencies referred to in that subsection may one or more of the aggravating violations set risdiction over the defendant— exercise, for the purpose of enforcing compliance forth in section 5(b). (A) to enjoin further violation by the defend- with any requirement imposed under this Act, (D) REDUCTION OF DAMAGES.—In assessing ant; or any other authority conferred on it by law. damages under subparagraph (A), the court (B) to recover damages in an amount equal to (d) ACTIONS BY THE COMMISSION.—The Com- may consider whether— the greater of— mission shall prevent any person from violating (i) the defendant has established and imple- (i) actual monetary loss incurred by the pro- this Act in the same manner, by the same mented, with due care, commercially reasonable vider of Internet access service as a result of means, and with the same jurisdiction, powers, practices and procedures designed to effectively such violation; or and duties as though all applicable terms and prevent such violations; or (ii) the amount determined under paragraph provisions of the Federal Trade Commission Act (ii) the violation occurred despite commer- (3). (15 U.S.C. 41 et seq.) were incorporated into and cially reasonable efforts to maintain compliance (2) SPECIAL DEFINITION OF ‘‘PROCURE’’.—In made a part of this Act. Any entity that violates the practices and procedures to which reference any action brought under paragraph (1), this any provision of that subtitle is subject to the is made in clause (i). Act shall be applied as if the definition of the penalties and entitled to the privileges and im- (4) ATTORNEY FEES.—In the case of any suc- term ‘‘procure’’ in section 3(12) contained, after munities provided in the Federal Trade Commis- cessful action under paragraph (1), the court, in ‘‘behalf’’ the words ‘‘with actual knowledge, or sion Act in the same manner, by the same its discretion, may award the costs of the action by consciously avoiding knowing, whether such means, and with the same jurisdiction, power, and reasonable attorney fees to the State. person is engaging, or will engage, in a pattern and duties as though all applicable terms and (5) RIGHTS OF FEDERAL REGULATORS.—The or practice that violates this Act’’. provisions of the Federal Trade Commission Act State shall serve prior written notice of any ac- (3) STATUTORY DAMAGES.— were incorporated into and made a part of that tion under paragraph (1) upon the Federal (A) IN GENERAL.—For purposes of paragraph subtitle. Trade Commission or the appropriate Federal (1)(B)(ii), the amount determined under this (e) AVAILABILITY OF CEASE-AND-DESIST OR- regulator determined under subsection (b) and paragraph is the amount calculated by multi- DERS AND INJUNCTIVE RELIEF WITHOUT SHOWING provide the Commission or appropriate Federal plying the number of violations (with each sepa- OF KNOWLEDGE.—Notwithstanding any other regulator with a copy of its complaint, except in rately addressed unlawful message that is trans- provision of this Act, in any proceeding or ac- any case in which such prior notice is not fea- mitted or attempted to be transmitted over the tion pursuant to subsection (a), (b), (c), or (d) of sible, in which case the State shall serve such facilities of the provider of Internet access serv- this section to enforce compliance, through an notice immediately upon instituting such action. ice, or that is transmitted or attempted to be order to cease and desist or an injunction, with The Federal Trade Commission or appropriate transmitted to an electronic mail address ob- section 5(a)(1)(C), section 5(a)(2), clause (ii), Federal regulator shall have the right— tained from the provider of Internet access serv- (iii), or (iv) of section 5(a)(4)(A), section (A) to intervene in the action; ice in violation of section 5(b)(1)(A)(i), treated 5(b)(1)(A), or section 5(b)(3), neither the Com- (B) upon so intervening, to be heard on all as a separate violation) by— mission nor the Federal Communications Com- matters arising therein; (i) up to $100, in the case of a violation of sec- mission shall be required to allege or prove the (C) to remove the action to the appropriate tion 5(a)(1); or state of mind required by such section or sub- United States district court; and (ii) up to $25, in the case of any other viola- paragraph. (D) to file petitions for appeal. tion of section 5. (f) ENFORCEMENT BY STATES.— (6) CONSTRUCTION.—For purposes of bringing (B) LIMITATION.—For any violation of section (1) CIVIL ACTION.—In any case in which the any civil action under paragraph (1), nothing in 5 (other than section 5(a)(1)), the amount deter- attorney general of a State, or an official or this Act shall be construed to prevent an attor- mined under subparagraph (A) may not exceed agency of a State, has reason to believe that an ney general of a State from exercising the pow- $1,000,000. interest of the residents of that State has been ers conferred on the attorney general by the (C) AGGRAVATED DAMAGES.—The court may or is threatened or adversely affected by any laws of that State to— increase a damage award to an amount equal to person who violates paragraph (1) or (2) of sec- (A) conduct investigations; not more than three times the amount otherwise tion 5(a), who violates section 5(d), or who en- (B) administer oaths or affirmations; or available under this paragraph if—

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00112 Fmt 0636 Sfmt 6333 E:\CR\FM\A08DE7.071 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12859 (i) the court determines that the defendant SEC. 10. STUDY OF EFFECTS OF COMMERCIAL marks, or labels in a commercial electronic mail committed the violation willfully and know- ELECTRONIC MAIL. message, or to include the identification re- ingly; or (a) IN GENERAL.—Not later than 24 months quired by section 5(a)(5)(A) in any particular (ii) the defendant’s unlawful activity included after the date of the enactment of this Act, the part of such a mail message (such as the subject one or more of the aggravated violations set Commission, in consultation with the Depart- line or body). forth in section 5(b). ment of Justice and other appropriate agencies, SEC. 14. APPLICATION TO WIRELESS. (D) REDUCTION OF DAMAGES.—In assessing shall submit a report to the Congress that pro- (a) EFFECT ON OTHER LAW.—Nothing in this damages under subparagraph (A), the court vides a detailed analysis of the effectiveness and Act shall be interpreted to preclude or override may consider whether— enforcement of the provisions of this Act and the applicability of section 227 of the Commu- (i) the defendant has established and imple- the need (if any) for the Congress to modify nications Act of 1934 (47 U.S.C. 227) or the rules mented, with due care, commercially reasonable such provisions. prescribed under section 3 of the Telemarketing practices and procedures designed to effectively (b) REQUIRED ANALYSIS.—The Commission and Consumer Fraud and Abuse Prevention Act prevent such violations; or shall include in the report required by sub- (15 U.S.C. 6102). (ii) the violation occurred despite commer- section (a)— (b) FCC RULEMAKING.—The Federal Commu- cially reasonable efforts to maintain compliance (1) an analysis of the extent to which techno- nications Commission, in consultation with the with the practices and procedures to which ref- logical and marketplace developments, including Federal Trade Commission, shall promulgate erence is made in clause (i). changes in the nature of the devices through rules within 270 days to protect consumers from which consumers access their electronic mail (4) ATTORNEY FEES.—In any action brought unwanted mobile service commercial messages. messages, may affect the practicality and effec- pursuant to paragraph (1), the court may, in its The Federal Communications Commission, in tiveness of the provisions of this Act; discretion, require an undertaking for the pay- promulgating the rules, shall, to the extent con- (2) analysis and recommendations concerning ment of the costs of such action, and assess rea- sistent with subsection (c)— how to address commercial electronic mail that sonable costs, including reasonable attorneys’ (1) provide subscribers to commercial mobile originates in or is transmitted through or to fa- fees, against any party. services the ability to avoid receiving mobile cilities or computers in other nations, including SEC. 8. EFFECT ON OTHER LAWS. service commercial messages unless the sub- initiatives or policy positions that the Federal scriber has provided express prior authorization (a) FEDERAL LAW.—(1) Nothing in this Act Government could pursue through international to the sender, except as provided in paragraph shall be construed to impair the enforcement of negotiations, fora, organizations, or institu- (3); section 223 or 231 of the Communications Act of tions; and (2) allow recipients of mobile service commer- 1934 (47 U.S.C. 223 or 231, respectively), chapter (3) analysis and recommendations concerning cial messages to indicate electronically a desire 71 (relating to obscenity) or 110 (relating to sex- options for protecting consumers, including chil- not to receive future mobile service commercial ual exploitation of children) of title 18, United dren, from the receipt and viewing of commer- messages from the sender; States Code, or any other Federal criminal stat- cial electronic mail that is obscene or porno- (3) take into consideration, in determining ute. graphic. whether to subject providers of commercial mo- (2) Nothing in this Act shall be construed to SEC. 11. IMPROVING ENFORCEMENT BY PRO- bile services to paragraph (1), the relationship affect in any way the Commission’s authority to VIDING REWARDS FOR INFORMA- that exists between providers of such services bring enforcement actions under FTC Act for TION ABOUT VIOLATIONS; LABEL- and their subscribers, but if the Commission de- ING. materially false or deceptive representations or termines that such providers should not be sub- The Commission shall transmit to the Senate unfair practices in commercial electronic mail ject to paragraph (1), the rules shall require Committee on Commerce, Science, and Transpor- messages. such providers, in addition to complying with tation and the House of Representatives Com- (b) STATE LAW.— the other provisions of this Act, to allow sub- (1) IN GENERAL.—This Act supersedes any mittee on Energy and Commerce— (1) a report, within 9 months after the date of scribers to indicate a desire not to receive future statute, regulation, or rule of a State or political mobile service commercial messages from the subdivision of a State that expressly regulates enactment of this Act, that sets forth a system for rewarding those who supply information provider— the use of electronic mail to send commercial (A) at the time of subscribing to such service; messages, except to the extent that any such about violations of this Act, including— (A) procedures for the Commission to grant a and statute, regulation, or rule prohibits falsity or (B) in any billing mechanism; and reward of not less than 20 percent of the total deception in any portion of a commercial elec- (4) determine how a sender of mobile service civil penalty collected for a violation of this Act tronic mail message or information attached commercial messages may comply with the pro- to the first person that— thereto. visions of this Act, considering the unique tech- (i) identifies the person in violation of this (2) STATE LAW NOT SPECIFIC TO ELECTRONIC nical aspects, including the functional and Act; and MAIL.—This Act shall not be construed to pre- (ii) supplies information that leads to the suc- character limitations, of devices that receive empt the applicability of— cessful collection of a civil penalty by the Com- such messages. (A) State laws that are not specific to elec- (c) OTHER FACTORS CONSIDERED.—The Fed- mission; and tronic mail, including State trespass, contract, (B) procedures to minimize the burden of sub- eral Communications Commission shall consider or tort law; or mitting a complaint to the Commission con- the ability of a sender of a commercial electronic (B) other State laws to the extent that those cerning violations of this Act, including proce- mail message to reasonably determine that the laws relate to acts of fraud or computer crime. dures to allow the electronic submission of com- message is a mobile service commercial message. (d) MOBILE SERVICE COMMERCIAL MESSAGE (c) NO EFFECT ON POLICIES OF PROVIDERS OF plaints to the Commission; and INTERNET ACCESS SERVICE.—Nothing in this Act (2) a report, within 18 months after the date DEFINED.—In this section, the term ‘‘mobile shall be construed to have any effect on the of enactment of this Act, that sets forth a plan service commercial message’’ means a commer- lawfulness or unlawfulness, under any other for requiring commercial electronic mail to be cial electronic mail message that is transmitted provision of law, of the adoption, implementa- identifiable from its subject line, by means of directly to a wireless device that is utilized by a tion, or enforcement by a provider of Internet compliance with Internet Engineering Task subscriber of commercial mobile service (as such access service of a policy of declining to trans- Force Standards, the use of the characters term is defined in section 332(d) of the Commu- mit, route, relay, handle, or store certain types ‘‘ADV’’ in the subject line, or other comparable nications Act of 1934 (47 U.S.C. 332(d))) in con- of electronic mail messages. identifier, or an explanation of any concerns nection with such service. SEC. 9. DO-NOT-E-MAIL REGISTRY. the Commission has that cause the Commission SEC. 15. SEPARABILITY. (a) IN GENERAL.—Not later than 6 months to recommend against the plan. If any provision of this Act or the application after the date of enactment of this Act, the Com- SEC. 12. RESTRICTIONS ON OTHER TRANS- thereof to any person or circumstance is held in- mission shall transmit to the Senate Committee MISSIONS. valid, the remainder of this Act and the applica- on Commerce, Science, and Transportation and Section 227(b)(1) of the Communications Act of tion of such provision to other persons or cir- the House of Representatives Committee on En- 1934 (47 U.S.C. 227(b)(1)) is amended, in the mat- cumstances shall not be affected. ergy and Commerce a report that— ter preceding subparagraph (A), by inserting ‘‘, SEC. 16. EFFECTIVE DATE. (1) sets forth a plan and timetable for estab- or any person outside the United States if the The provisions of this Act, other than section lishing a nationwide marketing Do-Not-E-Mail recipient is within the United States’’ after 9, shall take effect on January 1, 2004. registry; ‘‘United States’’. Mr. TAUZIN (during the reading). (2) includes an explanation of any practical, SEC. 13. REGULATIONS. Mr. Speaker, I ask unanimous consent technical, security, privacy, enforceability, or (a) IN GENERAL.—The Commission may issue that the Senate amendment to the other concerns that the Commission has regard- regulations to implement the provisions of this House amendment be considered as ing such a registry; and Act (not including the amendments made by sec- read and printed in the RECORD. (3) includes an explanation of how the reg- tions 4 and 12). Any such regulations shall be The SPEAKER pro tempore. Is there istry would be applied with respect to children issued in accordance with section 553 of title 5, objection to the request of the gen- with e-mail accounts. United States Code. (b) AUTHORIZATION TO IMPLEMENT.—The (b) LIMITATION.—Subsection (a) may not be tleman from Louisiana? Commission may establish and implement the construed to authorize the Commission to estab- There was no objection. plan, but not earlier than 9 months after the lish a requirement pursuant to section 5(a)(5)(A) Mr. SENSENBRENNER. Mr. Speaker, I rise date of enactment of this Act. to include any specific words, characters, in support of the bill S. 877, as returned by the

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00113 Fmt 0636 Sfmt 9920 E:\CR\FM\A08DE7.071 H08PT1 H12860 CONGRESSIONAL RECORD — HOUSE December 8, 2003 Senate with technical changes. I urge my col- Mr. MARKEY. Mr. Speaker, I rise in support spells out how such messages should be dealt leagues to pass once more and send it on to of S. 877, spam legislation that we bring to the with and includes the FCC proceeding in Sec- the President. House Floor today in a final version that incor- tion 14 to address issues particular to wireless The House of Representatives passed this porates technical and other changes since the services. legislation previously on November 21, 2003. House sent to the Senate a compromise bill Again, Mr. Speaker, Federal spam legisla- The changes made herein to the language are on November 21. tion ought to reflect the particular characteris- not substantive departures from what pre- Mr. Speaker, as I noted in remarks back in tics of wireless technology and use, and this viously passed the House, but are merely nec- November, this legislation reflects a series of bill will allow the FCC to promulgate rules re- essary to correct minor errors in the drafting to agreements between advocates for the two al- quiring a consumer ‘‘opt-in’’ for certain wire- accurately reflect the will of Congress. ternative House spam bills—one offered by less e-mail messages. In addition, this pro- Taking the final legislative step today nec- Chairman TAUZIN, and the other offered by ceeding permits the FCC to examine the na- essary to put into law a unified federal ap- Ms. WILSON and Mr. GREEN of which I am an ture of a consumer’s relationship with their proach to the problem of unsolicited commer- original cosponsor, as well as a series of com- wireless phone and service to take into ac- cial email or ‘‘spam’’ represents an important promises with our Senate counterparts. While count the potentially unique technical charac- moment in protecting children and the ‘‘in- not a perfect bill, I believe it merits support. teristics which may warrant wireless-specific boxes’’ of millions of Americans. Mr. Speaker, this legislation now contains rules. The bill provides consumers with more infor- the Markey amendment on wireless spam, In addition, the wireless spam provision re- mation and choices to stop receiving all forms which originated in the House amendments to quests that the FCC consider the ability of an of unwanted commercial email and provides the Senate-passed bill. The reason I offered initiator of spam to reasonably determine federal and state officials and providers on this amendment for inclusion in the House- whether an electronic mail message is a mo- Internet access with the tools to go after passed bill is that I wanted wireless con- bile service commercial message. Obviously, spammers. As I noted previously, the criminal sumers to have greater protection than that as wireless service evolves, more and more provisions contained in this legislation are cen- which was accorded in the version of S. 877 consumers will receive Internet e-mails via tral to its purpose. In order to provide a cred- which the Senate passed previously. their commercial mobile service provider’s net- ible deterrent against spamming, this legisla- Indeed, during the summer the Energy and work and directly to their wireless device. If a tion establishes enhanced criminal penalties Commerce Committee held a hearing on person has an e-mail address from their com- for predatory spamming and provides law en- spam at which I raised the prospect of wire- mercial mobile service provider and it can be forcement personnel far more authority to less spam and the likelihood that it was a readily identified as a wireless address, such prosecute spammers whose electronic pres- problem wireless consumers were beginning as [email protected] or ence can shift with a keystroke. to see. At that time, neither the Tauzin-Burr I believe this legislation will take a bite out [email protected], then the reasonable abil- spam bill, nor the Wilson-Green spam bill, of spam and spammers, and it will have some ity of a potential spammer to recognize that as continued wireless specific provisions to ad- effect in reducing the type and amount of such is relatively easy. Hopefully, commercial dress this issue head-on. spam that online users deal with today. How- mobile service providers—and consumers— Unsolicited wireless text messages have will see the benefit of having an e-mail ad- ever, it is not a panacea. In the midst of plagued wireless users in Europe, South speaking about the positive things that S. 877 dress that can be reasonably determined to be Korea, and Japan over the last few years as a wireless address, so that the prospect of does, it is important to put all concerned on wireless companies in such countries have of- notice that no legislation, no matter how se- massive amounts of spam to consumers over fered wireless messaging services. According vere, can stop spam entirely. The most hard wireless networks can be thwarted and con- to published reports that came to our attention core group of problematic spammers already sumers can enjoy the benefits of entities as we were deliberating upon the spam issue, operate sometimes in defiance of multiple needing their express prior authorization be- NTT DoCoMo estimated that its wireless net- laws and it will take time and effort to track fore sending them wireless spam. work processes some 800 million wireless down even those within the reach of U.S. ju- Spam sent to a desktop computer e-mail spam messages a day. risdiction. Furthermore, policy makers should address, and which is then forwarded over a As cumbersome and annoying as spam to a be wary of any ‘‘soundbite’’ legislative or regu- wireless network to a wireless device, i.e., de- desktop computer is, at least a consumer can latory approach to this problem that promises livered ‘‘indirectly’’ from the initiator to the turn off their computer and walk away. Wire- to end all spam—because such an approach wireless device, would be treated by the rest less spam is even more intrusive because would surely have drastic consequences for of this bill and not by the additional Section 14 spam to wireless phones is the kind of spam free speech and the legitimate forms of e-mail wireless-specific provisions we subject to an that follows you wherever you go and accord- that consumers want and use. FCC rulemaking. Consumers and their Internet service pro- ing to U.S. wireless carriers, is already on the This legislation also represents an improve- viders can do far more to protect the nation’s rise. ment in other areas over the Senate-passed inboxes from unsolicited e-mail than any law For this reason, in order to safeguard con- bill. For example, the compromise doubles the that can be passed here or in state capitals. sumer privacy in a way that reflects the more damage caps in the Senate bill. It also elimi- Already, consumers who take full advantage intrusive nature of wireless spam to the user nates the knowledge standards for the Federal of existing firewalls, blocking software, and than spam is to a desktop computer, which is Communications Commission (FCC), the Fed- ‘‘challenge/response’’ protocols enjoy a dra- immobile and for which the user may pay eral Trade Commission (FTC) and state Attor- matically reduced amount of spam—and many some type of ‘‘per message’’ fee, the bill tasks ney General injunctive relief. The bill provides of these options are free or included in the the FCC with tackling this issue now, before it for rulemaking authority to clarify and tighten package of services offered by their Internet overwhelms users and network operators the definition of what constitutes a ‘‘commer- access provider. alike. The same type of rules that are applica- cial e-mail.’’ Requires that identifiers and a Ultimately, spam will be stopped by a com- ble to commercial e-mail messages sent to postal address must be on all commercial e- bination of new technology, consumer aware- personal computers will clearly also apply to mails to desktop computers. Finally, the bill ness, ISP filtering, and trusted sender systems those sent to wireless devices, including mo- also shortens the time frame from which an for legitimate senders of commercial e-mail— bile phones, and the general provisions of the ‘‘opt-out’’ request would become enforceable. with laws and regulation merely setting the bill would apply to wireless messages as they All of these represent important improve- outer boundaries of illegitimate e-mail prac- would to similar messages sent to a desktop ments over the Senate bill. tices. In the interim, this legislation will help fill computer. Section 14 of the bill builds upon I want to commend Chairman TAUZIN and the gap. I encourage those plagued by un- this legislative foundation and puts in place Ranking Member DINGELL for their excellent wanted e-mail today to take advantage of the additional protections and modifications. It re- work in this area. I want to salute Representa- practices and technologies that are proven to quires an FCC rulemaking to assess and put tives HEATHER WILSON and GENE GREEN for reduce spam as well as the remedies provided in place additional consumer protections. The spearheading House spam efforts in this ses- under this law and others. bill doesn’t needlessly or unduly burden sion as well as in the previous Congress as Mr. Speaker, I am pleased that the House wireline network operators—and wireless car- the lead sponsors of the House bill. today is sending the final version of this impor- riers should not see such burdens imple- I yield back the balance of my time. tant anti-fraud and consumer protection meas- mented as part of Section 14 to the extent to The SPEAKER pro tempore. Is there ure on to the President, and the President has which they are acting as carriers. Of course, objection to the original request of the indicated he will sign the bill. I urge my col- these same wireless carriers may also be gentleman from Louisiana? leagues to support the legislation. senders of spam themselves, and the bill There was no objection.

VerDate jul 14 2003 05:44 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00114 Fmt 0636 Sfmt 0634 E:\CR\FM\A08DE7.089 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12861 A motion to reconsider was laid on (b) REPORT.— So I was wondering if the gentleman the table. (1) IN GENERAL.—Before the end of the 8- could just advise us as to whether the month period beginning on the date of enact- f majority is prepared to allow unani- ment of this Act, the Secretary shall submit to mous consent requests, since there are GENERAL LEAVE Congress a report containing the findings and conclusions of the Secretary with regard to the no further recorded votes, I believe, an- Mr. TAUZIN. Mr. Speaker, I ask examination made pursuant to subsection (a). ticipated today, so that we could at unanimous consent that all Members (2) COPIES OF REPORT.—The Secretary shall least bring up the extension of the un- may have 5 legislative days within also transmit copies of the report prepared employment compensation benefits to which to revise and extend their re- under paragraph (1) to the United States Trade deal with the people who cannot find marks on S. 877. Representative and the interagency team estab- employment. The SPEAKER pro tempore. Is there lished pursuant to section 123(c) of the Defense Production Act Amendments of 1992 (50 U.S.C. Mr. NEY. Mr. Speaker, will the gen- objection to the request of the gen- App. 2099 note). tleman yield? tleman from Louisiana? (c) RESPONSIBILITIES REGARDING CONSULTA- Mr. CARDIN. I yield to the gen- There was no objection. TION WITH FOREIGN NATIONS.—Section 123(c) of tleman from Ohio. f the Defense Production Act Amendments of 1992 (50 U.S.C. App. 2099 note) is amended to read as Mr. NEY. Mr. Speaker, on this par- DEFENSE PRODUCTION ACT follows: ticular issue I am actually standing in REAUTHORIZATION OF 2003 ‘‘(c) NEGOTIATIONS.— for the gentleman from Ohio (Chair- ‘‘(1) INTERAGENCY TEAM.— man OXLEY) on this particular unani- Mr. NEY. Mr. Speaker, I ask unani- ‘‘(A) IN GENERAL.—It is the policy of Congress mous consent bill. As far as the rest, mous consent to take from the Speak- that the President shall designate a chairman of that goes above my pay grade, but I am er’s table the Senate bill (S. 1680), to an interagency team comprised of the Secretary sure that our side will be more than reauthorize the Defense Production of Commerce, Secretary of Defense, United happy to talk to your side. Act of 1950, and for other purposes, States Trade Representative, Secretary of Labor, with a Senate amendment to the House and Secretary of State to consult with foreign Mr. OXLEY. Mr. Speaker, I rise in strong amendment thereto, and concur in the nations on limiting the adverse effects of offsets support of S. 1680, the Defense Production Senate amendment to the House in defense procurement without damaging the Act Reauthorization of 2003, and urge its economy or the defense industrial base of the amendment. adoption. The bill before the House is largely United States or United States defense produc- the same as H.R. 1280, and passed last The Clerk read the title of the Senate tion or defense preparedness. spring by the Committee on Financial Serv- bill. ‘‘(B) MEETINGS.—The President shall direct The Clerk read the Senate amend- the interagency team to meet on a quarterly ices, and is the result of broad bipartisan and ment to the House amendment, as fol- basis. bicameral efforts to reauthorize and update lows: ‘‘(C) REPORTS.—The President shall direct the this important Act. interagency team to submit to Congress an an- Senate amendment to House amendment: Mr. Speaker, when the House acts today to nual report, to be included as part of the report Page 6, strike line 1 and all that follows send the bill to the President, it will be com- required under section 309(a) of the Defense over to and including line 2 on page 7, of the Production Act of 1950 (50 U.S.C. App. 2099(a)), pleting Congressional action that should have House engrossed amendment, and insert: that describes the results of the consultations of taken place no later than the end of Sep- SEC. 7. REPORT ON IMPACT OF OFFSETS ON DO- the interagency team under subparagraph (A) tember. The authorities in this Act are too im- MESTIC CONTRACTORS AND LOWER and the meetings of the interagency team under portant for the Nation to have been without TIER SUBCONTRACTORS. subparagraph (B). them for the nine weeks. (a) EXAMINATION OF IMPACT REQUIRED.— ‘‘(2) RECOMMENDATIONS FOR MODIFICATIONS.— (1) IN GENERAL.—As part of the annual report That said, Mr. Speaker, what is before the The interagency team shall submit to the Presi- required under section 309(a) of the Defense House today is a very good product. First and dent any recommendations for modifications of Production Act of 1950 (50 U.S.C. App. 2099(a)), any existing or proposed memorandum of under- foremost, it reauthorizes the Defense Produc- the Secretary of Commerce (in this section re- standing between officials acting on behalf of tion Act for five years. This is important for two ferred to as the ‘‘Secretary’’) shall— the United States and 1 or more foreign coun- reasons: Firstly, as the nation faces the uncer- (A) detail the number of foreign contracts in- tries (or any instrumentality of a foreign coun- tain times ahead, it will be important for the volving domestic contractors that use offsets, in- try) relating to— President to have the authorities in the Act, dustrial participation agreements, or similar ar- ‘‘(A) research, development, or production of rangements during the preceding 5-year period; and secondly, because it will give Congress defense equipment; or an opportunity to consider some much-needed (B) calculate the aggregate, median, and ‘‘(B) the reciprocal procurement of defense mean values of the contracts and the offsets, in- items.’’. modernization of the DPA decoupled from re- dustrial participation agreements, and similar authorization cycle. It is my intent to ask the arrangements during the preceding 5-year pe- Mr. NEY (during the reading). Mr. President to take the next year to ponder what riod; and Speaker, I ask unanimous consent that sorts of modernization of the DPA is nec- (C) describe the impact of international or for- the Senate amendment to the House essary, with the idea that any action on those eign sales of United States defense products and amendment be considered as read and related offsets, industrial participation agree- or other recommendations would take place in printed in the RECORD. the first session of the next Congress. ments, and similar arrangements on domestic The SPEAKER pro tempore. Is there prime contractors and, to the extent practicable, objection to the request of the gen- The bill we are considering today also adds the first 3 tiers of domestic contractors and sub- as a specific goal of the DPA the protection of contractors during the preceding 5-year period tleman from Ohio? There was no objection. the nation’s critical infrastructure. Given the in- in terms of domestic employment, including any creasing dependence of the nation’s defense, job losses, on an annual basis. The SPEAKER pro tempore. Is there financial services and in fact the fabric of our (2) USE OF INTERNAL DOCUMENTS.—To the ex- objection to the initial request of the tent that the Department of Commerce is al- gentleman from Ohio? daily lives on our critical infrastructure, I be- ready in possession of relevant data, the De- Mr. CARDIN. Mr. Speaker, reserving lieve this addition is both wise and important. partment shall use internal documents or exist- the right to object, because I believe Finally, in addition to some other minor ad- ing departmental records to carry out paragraph we are getting near the end of the busi- ditions, the bill before us increases on a one- (1). ness of this session of Congress, and at time basis the funding ceiling for a program to (3) INFORMATION FROM NON-FEDERAL ENTI- enhance the nation’s ability to produce radi- TIES.— least on this side, we are not aware of (A) EXISTING INFORMATION.—In carrying out whether the majority will allow unani- ation-hardened electronics for use in, for ex- paragraph (1), the Secretary shall only require mous consent requests in regard to the ample, defense satellites. This program is an a non-Federal entity to provide information that unemployment compensation exten- example of one of the most important aspects is available through the existing data collection sions. of the DPA: creating a U.S. defense produc- and reporting systems of that non-Federal enti- As my colleagues know, at the end of tion capability where none now exists. ty. this month, we will expire the Federal Most important of all of these, Mr. Speaker, (B) FORMAT.—The Secretary may require a Unemployment Compensation Pro- non-Federal entity to provide information to the is the reauthorization itself. The DPA is the Secretary in the same form that is already pro- gram, and 80,000 to 90,000 individuals a tool that the President uses to meet a specific vided to a foreign government in fulfilling an week will exhaust their State unem- national security need—protective gear for our offset arrangement, industrial participation ployment benefits and will not be enti- troops overseas, or specialized communica- agreement, or similar arrangement. tled to any Federal relief. tions equipment—should we have a shortfall in

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00115 Fmt 0636 Sfmt 9920 E:\CR\FM\K08DE7.095 H08PT1 H12862 CONGRESSIONAL RECORD — HOUSE December 8, 2003 supplies. The DPA is also one of the Presi- consistently issued by successive ership during the last 100 years. I was able to dent’s prime tools should there be another ter- Speakers, as recorded on page 729 of attend nearly all of this very interesting con- rorist attack, and can be important in the case the House Rules Manual, the Chair is ference and was able to gain a much greater of natural disasters. constrained not to entertain the gen- understanding of the way the speakership has I hope, Mr. Speaker, that we can undertake tlewoman’s request until it has been changed over the years as well as the history any needed reforms of the Act at the begin- cleared by the bipartisan floor and of this great institution. I am hopeful that by ning of the first session of the next Congress, committee leaderships. printing the remarks made at this event and and then extend the authorization beyond f distributing copies to our colleagues, they will 2008 at that point, so that these important au- also be able to similarly benefit from it as well. thorities remain available to protect America, GENERAL LEAVE Entitled ‘‘The Changing Nature of the House Americans and, and American interests, unin- Mr. NEY. Mr. Speaker, I ask unani- Speakership: The Cannon Centenary Con- terrupted. mous consent that all Members may ference,’’ the symposium offered those of us In closing, Mr. Speaker, I would like to com- have 5 legislative days within which to keenly interested in the history of this institu- mend the excellent and diligent work of the revise and extend their remarks and in- tion a remarkable insight into the development gentleman from New York (Mr. KING), Chair- clude extraneous material on S. 1680. of the speakership in the modern period. man of the Subcommittee on Domestic and The SPEAKER pro tempore. Is there Under the leadership of Daniel Mulhollan, the International Monetary Policy, Trade and objection to the request of the gen- Director of the Congressional Research Serv- Technology, the gentlelady from New York, tleman from Ohio? ice, participants enjoyed remarks by our distin- ALONEY (Mrs. M ), and the ranking member of There was no objection. guished present speaker [Mr. HASTERT], and the full Committee, the gentleman from Mas- f all the living former speakers, Newt Gingrich, sachusetts (Mr. FRANK), for their assistance in Tom Foley, and Jim Wright. Several other passing this important bill. With that, I yield AUTHORIZING PRINTING AS HOUSE former members of the House, and a number back the balance of my time and urge imme- DOCUMENT TRANSCRIPTS OF of scholars, delivered remarks, including Dr. diate passage of S. 1680. PROCEEDINGS OF ‘‘THE CHANG- Robert Remini, author of the preeminent biog- Mr. CARDIN. Mr. Speaker, I with- ING NATURE OF THE HOUSE rapher of Henry Clay, a seminar figure in the draw my reservation of objection at SPEAKERSHIP: THE CANNON development of the speakership during the this point, and maybe we will have a CENTENARY CONFERENCE’’ 19th Century. Dr. Remini’s presentation was, chance a little bit later to talk about as always, especially thoughtful and enter- this. Mr. NEY. Mr. Speaker, I ask unani- The SPEAKER pro tempore. Is there mous consent that the Committee on taining, whetting the appetite of all of us eager objection to the original request of the House Administration be discharged to read the congressionally authorized history gentleman from Ohio? from further consideration of the con- of the House, which he is now writing. There was no objection. current resolution (H. Con. Res. 345) The resolution provides for the printing of A motion to reconsider was laid on authorizing the printing as a House the transcript of the conference as a House the table. document of the transcripts of the pro- document, thus ensuring that the remarks and f ceedings of ‘‘The Changing Nature of other materials discussed in this historic event the House Speakership: The Cannon will remain available for present and future PARLIAMENTARY INQUIRY Centenary Conference,’’ sponsored by Members, scholars, and others intrigued by Ms. HOOLEY of Oregon. Mr. Speaker, the Congressional Research Service on the ongoing history of this honorable institution I have a parliamentary inquiry. November 12, 2003, and ask for its im- in which we have the pleasure to serve today. The SPEAKER pro tempore. The gen- mediate consideration in the House. I want to thank Dan Mulhollan and CRS for tlewoman will state her parliamentary The Clerk read the title of the con- organizing the conference, and all who partici- inquiry. current resolution. pated. I would also like to commend the chair- Ms. HOOLEY of Oregon. If the major- The SPEAKER pro tempore. Is there man and his very able majority staff director ity leadership agrees with our leader- objection to the request of the gen- for the Joint Committee on Printing, Maria So- ship to bring the unemployment exten- tleman from Ohio? phia Robinson, for introducing this printing res- sion bill under unanimous consent, There was no objection. olution. I would also like to note the hard work would such a bill be in order for consid- The Clerk read the concurrent reso- of Mike Harrison who covers Joint Committee eration today? lution, as follows: on Printing matters for me and whom I con- The SPEAKER pro tempore. Under sider to be the minority staff director of the the guidelines consistently issued by H. CON. RES. 345 Joint Committee for the House. Just last successive Speakers, as recorded on Resolved by the House of Representatives (the month we expedited a housekeeping bill to re- page 729 of the House Rules Manual, Senate concurring), solve a longstanding problem affecting the the Chair is constrained not to enter- SECTION 1. PRINTING OF DOCUMENT. CONGRESSIONAL RECORD Index Office. I am tain the gentlewoman’s request until it (a) IN GENERAL.—The transcripts of the proceedings of ‘‘The Changing Nature of the delighted that we have again moved so quick- has been cleared by the bipartisan floor House Speakership: The Cannon Centenary ly to take up another issue under our joint and committee leaderships. Conference’’, sponsored by the Congressional Ms. HOOLEY of Oregon. Mr. Speaker, committee’s jurisdiction, I would like to call on Research Service on November 12, 2003, shall my colleagues to join in urging the passage of continuing my inquiry, it is my under- be printed as a House document, in a style standing that the leadership on our and manner determined by the Joint Com- this resolution. side of the aisle would agree to such a mittee on Printing. The concurrent resolution was agreed unanimous consent agreement on con- (b) ADDITONAL COPIES FOR HOUSE AND SEN- to. sidering an unemployment bill. Can the ATE.—There shall be printed for the use of A motion to reconsider was laid on the House of Representatives and the Senate the table. Chair tell us if the majority leadership such aggregate number of copies of the docu- has taken a similar position? ment printed under subsection (a) as the The SPEAKER pro tempore. The Joint Committee on Printing determines to f Chair is not aware of any clearance by be appropriate, except that the maximum the bipartisan leaderships. number of copies which may be printed shall GENERAL LEAVE Ms. HOOLEY of Oregon. Mr. Speaker, be the number for which the aggregate print- I ask the Chair to recognize me to ing cost does not exceed $65,000. Mr. NEY. Mr. Speaker, I ask unani- make a unanimous consent request for Mr. LARSON of Connecticut. Mr. Speaker, I mous consent that all Members may the House to consider H.R. 3568, the am pleased to support the concurrent resolu- have 5 legislative days within which to Emergency Unemployment Compensa- tion sponsored by the distinguished Chairman revise and extend their remarks and in- tion Act, recognizing that families will of the Joint Committee on Printing and the clude extraneous material on the sub- begin to lose unemployment benefits a House Administration Committee, the gen- ject of H. Con. Res. 345. few days after Christmas unless Con- tleman from Ohio [Mr. NEY]. On November 12, The SPEAKER pro tempore. Is there gress acts today. 2003, it was my pleasure to attend the Con- objection to the request of the gen- The SPEAKER pro tempore. The gressional Research Service’s conference ex- tleman from Ohio? Chair will repeat, under the guidelines ploring the transformation of the House speak- There was no objection.

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00116 Fmt 0636 Sfmt 0634 E:\CR\FM\A08DE7.092 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12863 MENTAL HEALTH PARITY changes to the mental health parity its for mental health benefits. Much REAUTHORIZATION ACT OF 2003 law must be made in a balanced man- work remains to be done; but without Mr. SAM JOHNSON of Texas. Mr. ner that does not jeopardize workers’ this action today, the Mental Health Speaker, I ask unanimous consent to existing health care benefits or dis- Parity Act will expire on December 31. take from the Speaker’s table the Sen- courage employers from voluntarily I urge my colleagues to support this ate bill (S. 1929) to amend the Em- providing quality benefits to their em- reauthorization of the Mental Health ployee Retirement Income Security ployees. Because, as we all know, when Parity Act, extend these provisions for Act of 1974 and the Public Health Serv- employers’ costs go up, workers often at least another year; and I urge us to all redouble our efforts to pass com- ice Act to extend the mental health lose coverage. If the expanded mental prehensive mental health care parity benefits parity provisions for an addi- health parity law is too burdensome in the coming year. tional year, and ask for its immediate and expensive, it is very likely employ- ers will simply stop offering any type Mr. Speaker, further reserving the consideration in the House. right to object, I yield to the gentle- The Clerk read the title of the Senate of mental health coverage. woman from Texas (Ms. JACKSON-LEE). bill. Health insurance costs rose by 15 per- cent, the highest increase in a decade. Ms. JACKSON-LEE of Texas. Mr. The SPEAKER pro tempore (Mr. Speaker, continuing the objection, I do RENZI). Is there objection to the re- In this environment, it is incumbent upon the Congress to carefully study not intend to maintain my objection. I quest of the gentleman from Texas? thank the distinguished gentleman Mr. OWENS. Mr. Speaker, reserving the impact of new mandates before moving forward. However, reauthoriza- from New York (Mr. OWENS), and I the right to object, although I do not thank the distinguished gentleman intend to object, but I respectfully ask tion of the 1996 act is an important step to ensure that patients continue from Texas (Mr. SAM JOHNSON). I sim- the gentleman to explain his request, ply want to add my support to what we and I yield to him for that purpose. to have access to mental health care if they need it. Because of this, I am are doing here today. Mr. SAM JOHNSON of Texas. Mr. I come from Texas; but I know all of pleased to offer my strong support to Speaker, I thank the gentleman for our colleagues, wherever they come S. 1929. I urge my colleagues to support yielding. from, realize that the lack of mental this important bill. I am pleased to be here to manage health services and intervention serv- Mr. OWENS. Mr. Speaker, I thank House passage of S. 1929, the Mental ices is really a silent killer. The fact the gentleman from Texas (Mr. SAM Health Parity Reauthorization Act of that we are extending the mental JOHNSON) for his explanation. And con- 2003. As chairman of the Subcommittee health benefits and the mental health tinuing under my reservation, I rise in on Employer-Employee Relations with parity provision is extremely impor- strong support of S. 1929, which extends jurisdiction over employer-provided tant to those families who live in si- the Mental Health Parity Act of 1996 health care, the issue of mental health lence, suffering, a loved one with men- for another year. parity falls within the purview of this tal illness in need of mental health The original bill was pioneered and subcommittee. In fact, almost 2 years services or the individual themselves. ago, we held the first House hearing on introduced by a great champion of And I will simply say that we can do the issue of mental health. mental health, a person of compassion no less than to pay tribute to our fall- In 1996, Congress enacted the Mental and vision, the late Senator Paul en colleague, Senator Paul Wellstone, Health Parity Act to prevent employ- Wellstone. who lived his legislative career around ers and health insurers from estab- This legislation is based on a very the ideas of providing more legislative lishing annual and lifetime limits on simple idea: all health insurance plans assistance in creating mental health health insurance coverage for mental should provide the same degree of cov- parity. I hope that we will work in the health benefits, unless similar limits erage for mental health benefits as pro- next year for a comprehensive mental were also established for medical and vided for medical and surgical benefits. health parity package for all of Amer- surgical health coverage. Today, the The 1996 act did not require employers ica. House will take an important step to to offer mental health benefits; but it Let me just simply say on behalf of extend mental health parity benefits was, nevertheless, a huge step forward the work of the Mental Health Associa- for another year by passing this bipar- in the fight to ensure access for all tion, let me thank them for pressing tisan reauthorization legislation, Americans to comprehensive health the point about these needs. I would which will be ready for President care. Under the 1996 act, if mental hope, Mr. Speaker, that as we support Bush’s signature once we pass it. health care benefits are provided, they this particular legislation today, it will Over the past 7 years, the parity law have to be equal to those offered for give us enough momentum and enough has made significant improvements in medical care. inspiration to realize that these indi- mental health coverage. It has done so In particular, both aggregate lifetime viduals with broken lives cannot sur- by striking a good balance, providing caps and annual caps on mental health vive without our assistance and with- important mental health benefits to benefits had to be equal to those caps out intervention and mental health patients without placing unworkable for the medical and surgical benefits, services. mandates on employers. The legisla- but if, and only if, the employer offered Mr. Speaker, I do not intend to ob- tion we pass today will preserve cur- mental health benefits. ject, and I yield back to the gentleman rent law mental health parity benefits The 1996 act applies to both fully in- from New York (Mr. OWENS), removing for another year, through December 31, sured state-regulated health plans and my objection. 2004. self-insured plans. The act does not Mr. OWENS. Mr. Speaker, I withdraw preempt State statutes that may pro- my reservation of objection. b 1715 vide stronger protections for mental The SPEAKER pro tempore (Mr. Mental health parity benefits offered health parity. RENZI). Is there objection to the re- through the Employee Retirement In- The 1996 act did not provide a com- quest of the gentleman from Texas? come Security Act, ERISA, and Public plete parity. Employers and insurers There was no objection. Health Services Act, were set to expire can still restrict mental health bene- The Clerk read the Senate bill, as fol- this December 31. In the coming year, fits by imposing higher copayments lows: my subcommittee will continue to ex- and deductibles for mental health ben- S. 1929 amine the issue of mental health par- efits than for medical benefits. There Be it enacted by the Senate and House of Rep- ity, as expanding this law is one of the remains much room for improvement. resentatives of the United States of America in many substantive changes proposed for We need to expand mental health par- Congress assembled, our Nation’s health care system. ity to cover substance abuse disorders, SECTION 1. SHORT TITLE. Before endorsing any changes to cur- to stop employers from charging dif- This Act may be cited as the ‘‘Mental Health Parity Reauthorization Act of 2003’’. rent law, the House must carefully ferent deductibles and co-payments to SEC. 2. EXTENSION OF MENTAL HEALTH PROVI- study the issue and consequences it mental health services, and to stop em- SIONS. may have on our Nation’s employer- ployers from imposing different limits (a) ERISA.—Section 712(f) of the Employee provided health care system. Any for inpatient stays and outpatient vis- Retirement Income Security Act of 1974 (29

VerDate jul 14 2003 05:44 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00117 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.100 H08PT1 H12864 CONGRESSIONAL RECORD — HOUSE December 8, 2003 U.S.C. 1185a(f)) is amended by striking ‘‘De- ‘‘(b) any alternative route that may be wildlife dependent recreation including fish- cember 31, 2003’’ and inserting ‘‘December 31, identified by the head of the Federal agency ing and hunting.’’. 2004’’. shall not be less economically feasible and (q) Section 1314 (c) is amended by striking (b) PHSA.—Section 2705(f) of the Public prudent than the route being sought by the ‘‘law.’’ at the end of the first sentence and Health Service Act (42 U.S.C. 300gg–5(f)) is applicant.’’. inserting the following: ‘‘law except that the amended by striking ‘‘December 31, 2003’’ and (e) Section 1109 is amended by deleting taking of fish and wildlife for sport as well as inserting ‘‘December 31, 2004’’. ‘‘access.’’ and inserting in lieu thereof: ‘‘ac- subsistence purposes shall be permitted on The Senate bill was ordered to be cess, including rights-of-way established each unit of the Refuge system in Alaska. read a third time, was read the third under Revised Statute 2477.’’. The Secretary may designate zones where (f) The second sentence of section 1110(a) is time, and passed, and a motion to re- and periods when no hunting, fishing, and amended by adding ‘‘specifically and tan- trapping may be permitted for reasons of consider was laid on the table. gibly’’ before the word ‘‘detrimental’’. public safety, administration, floral and fau- f (g) The second sentence in section 1110(a) is nal protection, or public use and enjoyment. amended by striking ‘‘area’’ and inserting in GENERAL LEAVE Except in emergencies, any regulations pre- lieu thereof: ‘‘area: except that (1) reason- scribing such restrictions relating to hunt- Mr. SAM JOHNSON of Texas. Mr. able regulations shall not include any re- ing, fishing, or trapping shall be put into ef- Speaker, I ask unanimous consent that quirements for the demonstration of pre-ex- fect only after consultation with the appro- all Members may have 5 legislative isting use and (2) the Secretary shall limit priate state agency having responsibility days within which to revise and extend any prohibitions to the smallest area prac- over hunting, fishing, and trapping.’’. their remarks on and include extra- ticable and to the shortest period of time. No (r) Section 1315 is amended by adding a new prohibition may be imposed prior to formal neous material on S. 1929. subsection ‘‘(g)’’ as follows: consultation with and consideration of the ‘‘(g) Notwithstanding any other provision The SPEAKER pro tempore. Is there views of the State of Alaska.’’. objection to the request of the gen- of law, within National Forest Wilderness (h) The last sentence of section 1110(b) is Areas and National Forest Monument areas tleman from Texas? amended by inserting ‘‘may include ease- as designated in this Act, the Secretary of There was no objection. ments, right-of-way, or other interests in Agriculture shall permit or otherwise regu- f land or permits and’’ after ‘‘such rights’’. late helicopter use and landings.’’. (i) In the last sentence of section 1110(b), (s) Section 1316 (a) is amended in the first RURAL ALASKA ACCESS RIGHTS strike ‘‘lands.’’ and insert in lieu thereof: sentence by deleting ‘‘equipment’’ and in- ‘‘lands, except that the Secretary may not ACT OF 1999 serting in lieu thereof: ‘‘equipment, includ- impose any unreasonable fees or charges on Mrs. JO ANN DAVIS of Virginia. Mr. ing motorized and mechanical equipment,’’. those seeking to exercise their rights under (t) Section 1316 (a) is amended in the sec- Speaker, I ask unanimous consent that this subsection. Individuals or entities pos- ond sentence by striking ‘‘consistent with the Committee on Government Reform sessing rights under this subsection shall not the protection’’ and inserting in lieu thereof: be discharged from further consider- be subject to the requirement of sections ‘‘not inconsistent with the conservation’’. ation of the Senate bill (S. 1683) to 1104, 1105, 1106, and 1107 of this Act.’’. (u) Section 1316 (a) is amended by striking make technical changes to the Alaska (j) Section 1301(d) is amended by striking ‘‘permit’’ in the final sentence and inserting ‘‘permittee.’’ in the last sentence and insert- National Interest Lands Conservation ing in lieu thereof: ‘‘permittee except that Act, and for other purposes, and ask for in lieu thereof ‘‘shall enable’’. (k) Section 1303(a)(1)(D) is amended by structures and facilities may be allowed to its immediate consideration in the striking ‘‘located.’’ and inserting in lieu stand from season to season.’’. House. thereof: ‘‘located, except that the applicant (v) Section 1316 (b) is amended by inserting The Clerk read the title of the Senate may not be required to waive, forfeit, or re- ‘‘significantly’’ before the word ‘‘detri- bill. linquish any possessory or personal interests mental’’. The SPEAKER pro tempore. Is there in a cabin or structure.’’. (w) Section 1317 (c) is amended by deleting objection to the request of the gentle- (l) Section 1303(a)(2)(D) is amended by ‘‘section.’’ and inserting in lieu thereof: woman from Virginia? striking ‘‘located.’’ and inserting in lieu ‘‘section except that the Secretary shall not There was no objection. thereof: ‘‘located, except that the applicant establish management directives, guidelines, may not be required to waive, forfeit, or re- policies or prescriptions for the purpose of The Clerk read the Senate bill as fol- administering any study area to preserve lows: linquish any possessory or personal interests in a cabin or structure.’’. Wilderness values prior to action by Con- S. 1683 (m) Section 1303(b)(3)(D) is amended by gress on recommendations, if any, for wilder- Be it enacted by the Senate and House of Rep- striking ‘‘located.’’ and inserting in lieu ness designation of a study area.’’. resentatives of the United States of America in thereof: ‘‘located, except that the applicant (x) Section 1319 is amended by designating Congress assembled, may not be required to waive, forfeit, or re- the existing text as subsection ‘‘(a)’’ and SECTION 1. SHORT TITLE. linquish any possessory or personal interests adding the following subsection (b): This Act may be referred to as the ‘‘Rural in a cabin or structure.’’. ‘‘(b) Nothing in this Act shall be construed Alaska Access Rights Act of 1999’’. (n) Section 1303 is amended by adding a as limiting or restricting the power and au- SEC. 2. AMENDMENT OF ACT. new subsection (e) as follows: thority of the State of Alaska except as ex- The Alaska National Interest Lands Con- ‘‘(e)(1) All permits, permit renewals, or re- pressly provided herein.’’. servation Act (Public Law 96–487; 94 Stat. newal or continuation of valid leases issued (y) The first sentence of Section 1326 (a) is 2371) is amended as follows: pursuant to this section shall provide for re- amended by striking ‘‘withdraws’’ in the (a) Section 101 is amended by adding a new pair, maintenance, and replacement activi- first sentence and inserting in lieu thereof: subsection (e) as follows: ties and may authorize alterations to cabins ‘‘withdraws, redesignates or reclassifies into ‘‘(e) All Federal public land managers in and similar structure that do not constitute a different or additional land management Alaska, or a region that includes Alaska, a significant impairment of unit purposes. category’’. shall participate in an Alaska National In- Reasonable access, including access by air- The SPEAKER pro tempore. The gen- terest Lands Conservation Act (ANILCA) craft, shall be afforded to permittees and les- tlewoman from Virginia (Mrs. JO ANN training class, as outlined in this legislation, sees for these purposes. to be completed within 120 days after enact- ‘‘(2) Fees for all permits and leases issued DAVIS) is recognized for 1 hour. ment. All future appointed Federal public pursuant to this section shall be reasonable Mrs. JO ANN DAVIS of Virginia. Mr. land managers in Alaska, or a region con- and consistent with purpose of maintaining Speaker, I yield myself such time as I taining Alaska, shall complete ANILCA and facilitating authorized use. Reasonable may consume. training within 60 days of assuming their po- fees are those that enable the issuing agency Mr. Speaker, first I want to say that sition.’’. to recover and may not exceed permit or this is an identical bill to one that I (b) Section 103(c) is amended by inserting lease processing costs. ‘‘validly selected or’’ in the second sentence ‘‘(3) For purposes of this section, a claim- also introduced into the House, and I before the word ‘‘conveyed’’. ant shall include persons who have regularly am very pleased that we are taking up (c) In section 1102, add a new subsection (5) used a cabin related to the provision of au- the Senate bill so that we can get it at the end as follows: thorized fishing or hunting services.’’. out and do what is right for the law en- ‘‘(5) The term ‘compatible with the uses for (o) Section 1307 (a) is amended by adding a forcement officers. which the unit was established’ means ac- new sentence at the end as follows: ‘‘Inabil- Mr. Speaker, I rise today to speak in favor tivities which would not cause significant ity to provide the service for up to a five of S. 1683 a bill introduced by Senator adverse impacts on conservation system year period shall not constitute a relinquish- units purposes.’’. ment of a right under this section.’’. GEORGE VOINOVICH to require the Federal (d) Section 1105 is amended by designating (p) Section 1313 is amended by adding at Government to conduct study reviewing the the existing language as subsection (a) and the end of the first sentence: ‘‘A purpose of pay and benefits for our 128,000 federal law inserting a new subsection (b) as follows: all preserve units is to provide for fish and enforcement officers.

VerDate jul 14 2003 05:59 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00118 Fmt 0636 Sfmt 9920 E:\CR\FM\A08DE7.095 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12865 This legislation is identical to a bill I intro- ther continuing appropriations for the of Representatives and the Senate that the duced this year, H.R. 3205. We are consid- fiscal year 2004, and for other purposes, use of the authority provided pursuant to ering the Senate version of this bill, ‘‘The Fed- and ask for its immediate consider- this section will not result in commitments ation in the House. to guarantee new loans for the entire fiscal eral Law Enforcement Pay and Benefits Parity year at a level in excess of the limitation set Act of 2003,’’ which was approved by the Sen- The Clerk read the title of the joint forth in the fiscal year 2003 appropriations ate shortly before Thanksgiving, in an effort to resolution. Act and that the apportionment of loan com- speed up enactment of this important piece of The SPEAKER pro tempore. Is there mitment authority provided for the Federal legislation. I want to thank the leadership for objection to the request of the gen- Housing Administration, General and Spe- bringing this matter to the floor today. tleman from Florida? cial Risk Insurance Fund and the Federal It has become obvious over the last 2 years, Mr. OBEY. Mr. Speaker, reserving Housing Administration, Mutual Mortgage but bears repeating: Federal law enforcement the right to object, I do so for the pur- Insurance Fund is in compliance with the officers are part of our first line of defense in pose of yielding to the gentleman from terms and conditions set forth in Public Law 108–84: Provided further, That the authority Florida (Mr. YOUNG) so that he may ex- defending the Nation. provided under the amendment made by this The legislation would require that the gov- plain what changes this entails to the section shall only apply to new commit- ernment reexamine how we compensate these continuing resolution. ments issued after enactment of this section: brave men and women—with the goals of Mr. YOUNG of Florida. Mr. Speaker, Provided further, That nothing in this section eliminating disparities among various law en- I thank the gentleman for yielding. may be construed to pardon or release an of- forcement agencies, improving recruitment And I would say technically this vehi- ficer or employee of the United States Gov- and retention, and ensuring that the Federal cle is a continuing resolution that goes ernment for an act or acts in violation of Government is keeping pace with State and to January 31, which is the same date section 1341 of title 31, United States Code (the Antideficiency Act) or any other appli- local law enforcement agencies in terms of as the existing CR. The difference is there were two anomalies that the ad- cable law that occurred prior to enactment compensation. of this section. For an example of why we need to inves- ministration needed to be included, so SEC. 2. Public Law 108–84, as amended, is tigate this matter, look no farther than the cre- we would use this as a vehicle. further amended by adding at the end the ation of the Transportation Security Adminis- The two anomalies are these: the following new section: tration, following the September 11th terrorist first CR is a loan limitation at $3.8 bil- ‘‘SEC. 131. Subject to sections 107(c) and 108 attacks. lion for FHA loan commitments. The of this joint resolution, for the Federal Avia- The TSA needed to hire tens of thousands administration basically ignored this tion Administration Operations Account of people very quickly, and the agency wound ceiling and committed $5 billion in new Staff Offices line of business, at a rate of op- mortgage loan guarantees. The pro- erations not to exceed $141,411,000.’’. up cherry picking from other federal agencies, The joint resolution was ordered to luring law enforcement officers with offers of gram shut down last week because the guaranteed limitation was exceeded. be engrossed and read a third time, was better pay and benefits. This left the other read the third time, and passed, and a agencies short-handed, and many still report This resolution would set a new guar- antee limitation at $7.7 billion, the fis- motion to reconsider was laid on the recruiting problems. table. And very shortly, the Homeland Security cal year 2003 level. Department is slated to establish its new pay Exceeding the guarantee limitation f system, which could once again attract law level represents an antideficiency act GENERAL LEAVE enforcement officers away from other agen- violation. Language is included in the Mr. YOUNG of Florida. Mr. Speaker, cies. resolution to require certification from I ask unanimous consent that all Mem- The Civil Service and Agency Organization the director of the Office of Manage- bers have five legislative days in which Subcommittee, which I chair, held a hearing ment and Budget regarding compliance to revise and extend their remarks and on July 23rd on the subject of law enforce- with the terms and conditions set forth that I may include extraneous material ment compensation. It became clear to us that in the first CR. on H.J. Res. 82. the Federal Government is facing a serious The second anomaly deals with the The SPEAKER pro tempore. Is there problem in recruiting, retaining and rewarding FAA operations account staff offices. objection to the request of the gen- its law enforcement personnel. The resolution would allow operations tleman from Florida? Having the Office of Personnel Management at an annual rate of $141.4 million for There was no objection. conduct a detailed analysis of the problem and the FAA office of security and inves- offer some possible solutions is the first step tigations. Without this authority, f furlows of some of the 443 staff would toward fixing this problem. PERMISSION FOR COMMITTEE ON be necessary. The office did not receive In addition to requiring OPM to review the GOVERNMENT REFORM TO HAVE a direct fiscal year 2003 appropriation, classification, compensation and benefits of UNTIL DECEMBER 19, 2003, TO therefore this special authority is nec- federal law enforcement officers, S. 1683 also FILE INVESTIGATIVE REPORT requires the establishment of an employee ex- essary under a CR. The office is respon- change program involving Federal, State and sible for enforcement programs work- Mrs. JO ANN DAVIS of Virginia. Mr. local law enforcement agents as a way of ing with ONDCP, TSA, and State and Speaker, I ask unanimous consent that sharing best practices and maintaining a well- local governments and performs cre- the Committee on Government Reform trained force. dential and background investigations be permitted to file an investigative re- Once again, I want to thank the leadership of employees and contractors in sup- port by December 19, 2003. for bringing this bill to the floor today. I urge port of the FHA mission. The SPEAKER pro tempore. Is there passage of S. 1683, ‘‘The Federal Law En- Mr. OBEY. Mr. Speaker, I withdraw objection to the request of the gentle- forcement Pay and Benefits Parity Act of my reservation of objection. woman from Virginia? 2003.’’ The SPEAKER pro tempore (Mr. There was no objection. Mr. Speaker, I yield back the balance NEY). Is there objection to the request f of my time. of the gentleman from Florida? CARTER G. WOODSON HOME The Senate bill was ordered to be There was no objection. NATIONAL HISTORIC SITE ACT read a third time, was read the third The Clerk read the joint resolution, time, and passed, and a motion to re- as follows: Mr. RENZI. Mr. Speaker, I ask unani- consider was laid on the table. H.J. RES. 82 mous consent to take from the Speak- f Resolved by the Senate and House of Rep- er’s table the bill (H.R. 1012) to estab- resentatives of the United States of America in lish the Carter G. Woodson Home Na- FURTHER CONTINUING APPRO- Congress assembled, That section 121 of Public tional Historic Site in the District of PRIATIONS, FISCAL YEAR 2004 Law 108–84 is amended by striking Columbia, and for other purposes, with Mr. YOUNG of Florida. Mr. Speaker, ‘‘$3,800,000,000’’ and inserting ‘‘$7,667,000,000’’: a Senate amendment thereto, and con- Provided, That the amendment made by this I ask unanimous consent that the Com- section shall take effect only after a certifi- cur in the Senate amendment. mittee on Appropriations be discharged cation by the Director of the Office of Man- The Clerk read the title of the bill. from further consideration of the joint agement and Budget is submitted to the The Clerk read the Senate amend- resolution (H.J. Res. 82) making fur- Committees on Appropriations of the House ment, as follows:

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00119 Fmt 0636 Sfmt 0634 E:\CR\FM\A08DE7.102 H08PT1 H12866 CONGRESSIONAL RECORD — HOUSE December 8, 2003 Senate Amendment: purposes. Such agreement shall ensure that the er’s table the bill (H.R. 622) to provide Strike out all after the enacting clause and association’s use of a portion of the historic site for the exchange of certain lands in the insert: is consistent with the administration of the his- Coconino and Tonto National Forests SECTION 1. SHORT TITLE. toric site, including appropriate public access in Arizona, and for other purposes, and rent, and such other terms and conditions This Act may be cited as the ‘‘Carter G. Wood- with Senate amendments thereto, and son Home National Historic Site Act’’. as the Secretary deems necessary. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. concur in the Senate amendments. SEC. 2. DEFINITIONS. The Clerk read the title of the bill. As used in this Act: There are authorized to be appropriated such The Clerk read the Senate amend- (1) CARTER G. WOODSON HOME.—The term sums as are necessary to carry out this Act. ‘‘Carter G. Woodson Home’’ means the property Mr. RENZI (during the reading). Mr. ments, as follows: located at 1538 Ninth Street, Northwest, in the Speaker, I ask unanimous consent that Senate Amendments: Ω æ District of Columbia, as depicted on the map. the Senate amendment be considered 1 Page 3, line 23, after ‘‘1976’’ insert: (43 (2) HISTORIC SITE.—The term ‘‘historic site’’ U.S.C. 1701 et seq.) as read and printed in the RECORD. Ω2æPage 4, line 17, after ‘‘NON-FEDERAL’’ in- means the Carter G. Woodson Home National The SPEAKER pro tempore. Is there Historic Site. sert: LAND (3) MAP.—The term ‘‘map’’ means the map en- objection to the request of the gen- Ω3æPage 5, line 6, after ‘‘16,’’ insert: and titled ‘‘Carter G. Woodson Home National His- tleman from Arizona? Ω4æPage 5, line 17, strike out øof the¿ and in- toric Site’’, numbered 876/82338–A and dated There was no objection. sert: of Ω æ July 22, 2003. The SPEAKER pro tempore. Is there 5 Page 5, line 22, after ‘‘FLPMA’’ insert: (43 (4) SECRETARY.—The term ‘‘Secretary’’ means objection to the original request of the U.S.C. 1716(b)) Ω æ ø ¿ the Secretary of the Interior. gentleman from Arizona? 6 Page 7, line 3, strike out a map and in- sert: the map SEC. 3. CARTER G. WOODSON HOME NATIONAL There was no objection. Ω7æPage 10, line 1, after ‘‘TO’’ insert: NA- HISTORIC SITE. A motion to reconsider was laid on TIONAL (a) ESTABLISHMENT.—Upon acquisition by the the table. Ω8æPage 10, line 3, strike out ø3(d)(1)¿ and in- Secretary of the Carter G. Woodson Home, or in- sert: 3(b)(1) terests therein, the Secretary shall establish the f historic site as a unit of the National Park Sys- CAPTIVE WILDLIFE SAFETY ACT Mr. RENZI (during the reading). Mr. Speaker, I ask unanimous consent that tem by publication of a notice to that effect in Mr. RENZI. Mr. Speaker, I ask unani- the Federal Register. the Senate amendments be considered mous consent to take from the Speak- (b) ADDITIONS TO HISTORIC SITE.— as read and printed in the RECORD. (1) IN GENERAL.—The Secretary may acquire er’s table the bill (H.R. 1006) to amend The SPEAKER pro tempore. Is there any of the 3 properties immediately north of the the Lacey Act Amendments of 1981 to objection to the request of the gen- Carter G. Woodson Home located at 1540, 1542, further the conservation of certain tleman from Arizona? and 1544 Ninth Street, Northwest, described on wildlife species, with Senate amend- There was no objection. the map as ‘‘Potential Additions to National ments thereto, and concur in the Sen- The SPEAKER pro tempore. Is there Historic Site’’, for addition to the historic site. ate amendments. (2) BOUNDARY REVISION.—Upon the acquisi- objection to the original request of the The Clerk read the title of the bill. gentleman from Arizona? tion of any of the properties described in para- The Clerk read the Senate amend- graph (1), the Secretary shall revise the bound- There was no objection. aries of the historic site to include the property. ments, as follows: A motion to reconsider was laid on (c) AVAILABILITY OF MAP.—The map shall be Senate Amendments: the table. available for public inspection in the appro- Ω1æPage 2, strike out lines 11 through 14 and f priate offices of the National Park Service, De- insert: partment of the Interior. ‘‘(g) PROHIBITED WILDLIFE SPECIES.—The GENERAL LEAVE term ‘prohibited wildlife species’ means any live (d) ACQUISITION AUTHORITY.—The Secretary Mr. RENZI. Mr. Speaker, I ask unani- may acquire the Carter G. Woodson Home or species of lion, tiger, leopard, cheetah, jaguar, any of the properties described in subsection or cougar or any hybrid of such species.’’. mous consent that all Members may Ω æ ø (b)(1), including interests therein, and any im- 2 Page 3, line 1, strike out live animal of have 5 legislative days within which to ¿ provements to the land by donation, purchase a revise and extend their remarks on Ω3æPage 3, strike out lines 20 through 22 and from a willing seller with donated or appro- H.R. 1012, H.R. 1006, and H.R. 622. insert: priated funds, or exchange. ‘‘(A) is licensed or registered, and inspected, The SPEAKER pro tempore. Is there (e) ADMINISTRATION.—(1) The Secretary shall by the Animal and Plant Health Inspection objection to the request of the gen- administer the historic site in accordance with Service or any other Federal agency with re- tleman from Arizona? this Act and with laws generally applicable to spect to that species; There was no objection. units of the National Park System, including Ω æ 4 Page 4, line 12, after ‘‘animals’’ insert: f the Act of August 25, 1916 (16 U.S.C. 1, 2–4) and listed in section 2(g) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). Ω5æPage 4, line 14, after ‘‘animals’’ insert: PRESERVING INDEPENDENCE OF (2) GENERAL MANAGEMENT PLAN.—The Sec- listed in section 2(g) FINANCIAL INSTITUTION EXAMI- retary shall prepare a general management plan Ω6æPage 5, line 3, strike out all after ‘‘State.’’ NATIONS ACT OF 2003 for the historic site not later than three years Ω7æPage 5, after line 3, insert: after the date on which funds are made avail- ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— Mr. SMITH of Texas. Mr. Speaker, I able for that purpose. There is authorized to be appropriated to carry ask unanimous consent that the Com- SEC. 4. COOPERATIVE AGREEMENTS. out subsection (a)(2)(C) $3,000,000 for each of mittee on the Judiciary be discharged (a) IN GENERAL.—The Secretary may enter fiscal years 2004 through 2008.’’. from further consideration of the Sen- into cooperative agreements with public or pri- Mr. RENZI (during the reading). Mr. ate bill (S. 1947) to prohibit the offer of vate entities to provide public interpretation and Speaker, I ask unanimous consent that credit by a financial institution to a fi- education of African-American heritage in the the Senate amendments be considered nancial institution examiner, and for Shaw area of the District of Columbia. as read and printed in the RECORD. other purposes, and ask for its imme- (b) REHABILITATION.—In order to achieve cost efficiencies in the restoration of properties with- The SPEAKER pro tempore. Is there diate consideration in the House. in the historic site, the Secretary may enter into objection to the request of the gen- The Clerk read the title of the Senate an agreement with public or private entities to tleman from Arizona? bill. restore and rehabilitate the Carter G. Woodson There was no objection. The SPEAKER pro tempore. Is there Home and other properties within the boundary The SPEAKER pro tempore. Is there objection to the request of the gen- of the historic site, subject to such terms and objection to the original request of the tleman from Texas? conditions as the Secretary deems necessary. gentleman from Arizona? There was no objection. (c) AGREEMENT WITH THE ASSOCIATION FOR There was no objection. The Clerk read the Senate bill, as fol- THE STUDY OF AFRICAN-AMERICAN LIFE AND A motion to reconsider was laid on lows: HISTORY.—In order to reestablish the historical the table. connection between the Carter G. Woodson S. 1947 Home and the association Dr. Woodson found- f Be it enacted by the Senate and House of Rep- ed, and to facilitate interpretation of Dr. EXCHANGE OF CERTAIN LANDS IN resentatives of the United States of America in Woodson’s achievements, the Secretary may THE COCONINO AND TONTO NA- Congress assembled, enter into an agreement with The Association TIONAL FORESTS IN ARIZONA SECTION 1. SHORT TITLE. for the Study of African-American Life and His- This Act may be cited as the ‘‘Preserving tory that allows the association to use a portion Mr. RENZI. Mr. Speaker, I ask unani- Independence of Financial Institution Ex- of the historic site for its own administrative mous consent to take from the Speak- aminations Act of 2003’’.

VerDate jul 14 2003 05:59 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00120 Fmt 0636 Sfmt 0634 E:\CR\FM\A08DE7.105 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12867 SEC. 2. OFFER AND ACCEPTANCE OF CREDIT. ‘‘§ 213. Acceptance of loan or gratuity by fi- GENERAL LEAVE (a) IN GENERAL.—Title 18, United States nancial institution examiner Mr. SMITH of Texas. Mr. Speaker, I Code, is amended by striking sections 212 and ‘‘(a) IN GENERAL.—Whoever, being an ex- ask unanimous consent that all Mem- 213 and inserting the following: aminer or assistant examiner, accepts a loan or gratuity from any bank, branch, agency, bers may have 5 legislative days within ‘‘§ 212. Offer of loan or gratuity to financial organization, corporation, association, or in- which to revise and extend their re- institution examiner stitution examined by the examiner or from marks and include extraneous mate- ‘‘(a) IN GENERAL.—Except as provided in any person connected with it, shall— rials on S. 1947. subsection (b), whoever, being an officer, di- ‘‘(1) be fined under this title, imprisoned The SPEAKER pro tempore. Is there rector or employee of a financial institution, not more than 1 year, or both; objection to the request of the gen- makes or grants any loan or gratuity, to any ‘‘(2) may be fined a further sum equal to tleman from Texas? examiner or assistant examiner who exam- the money so loaned or gratuity given; and There was no objection. ‘‘(3) shall be disqualified from holding of- ines or has authority to examine such bank, f branch, agency, organization, corporation, fice as an examiner. association, or institution— ‘‘(b) DEFINITIONS.—In this section, the ARCHERY REVENUE REFORM AND ‘‘(1) shall be fined under this title, impris- terms ‘examiner’, ‘Federal financial institu- OPPORTUNITY FOR WORKERS ACT tion regulatory agency’, ‘financial institu- oned not more than 1 year, or both; and Mr. RYAN of Wisconsin. Mr. Speaker, ‘‘(2) may be fined a further sum equal to tion’, and ‘loan’ have the same meanings as the money so loaned or gratuity given. in section 212.’’. I ask unanimous consent that the Com- (b) TECHNICAL AND CONFORMING AMEND- mittee on Ways and Means be dis- ‘‘(b) REGULATIONS.—A Federal financial in- MENT.—The table of sections of chapter 11 of charged from further consideration of stitution regulatory agency may prescribe title 18, United States Code, is amended by regulations establishing additional limita- the bill (H.R. 3652) to amend the Inter- striking the matter relating to sections 212 nal Revenue Code of 1986 to modify the tions on the application for and receipt of and 213 and inserting the following: credit under this section and on the applica- taxation of imported archery products, ‘‘212. Offer of loan or gratuity to financial and ask for its immediate consider- tion and receipt of residential mortgage institution examiner. loans under this section, after consulting ‘‘213. Acceptance of loan or gratuity by fi- ation in the House. with each other Federal financial institution nancial institution examiner.’’. The Clerk read the title of the bill. regulatory agency. The SPEAKER pro tempore. Is there Mr. SENSENBRENNER. Mr. Speaker, on ‘‘(c) DEFINITIONS.—In this section: objection to the request of the gen- November 24, 2003, the Senate passed ‘‘(1) EXAMINER.—The term ‘examiner’ tleman from Wisconsin? means any person— unanimously S. 1947, the ‘‘Preserving Inde- There was no objection. ‘‘(A) appointed by a Federal financial insti- pendence of Financial Institution Examinations The Clerk read the bill, as follows: Act of 2003.’’ This bipartisan legislation was tution regulatory agency or pursuant to the H.R. 3652 laws of any State to examine a financial in- introduced by Senator HATCH and Senator Be it enacted by the Senate and House of Rep- stitution; or LEAHY, the Chairman and ranking Member on ‘‘(B) elected under the law of any State to resentatives of the United States of America in the Senate Judiciary Committee. The bill Congress assembled, conduct examinations of any financial insti- would update two provisions of the Federal tutions. SECTION 1. SHORT TITLE. Criminal Code enacted in the mid-1900s. ‘‘(2) FEDERAL FINANCIAL INSTITUTION REGU- This Act may be cited as the ‘‘Archery LATORY AGENCY.—The term ‘Federal finan- As the Nation’s banking system has consoli- Revenue Reform and Opportunity for Work- cial institution regulatory agency’ means— dated, it has become extremely difficult for ers Act’’. ‘‘(A) the Office of the Comptroller of the bank examiners to obtain credit cards or mort- SEC. 2. MODIFIED TAXATION OF IMPORTED Currency; gages for themselves because of these out- ARCHERY PRODUCTS. ‘‘(B) the Board of Governors of the Federal dated provisions. This affects the hiring, reten- (a) BOWS.—Paragraph (1) of section 4161(b) Reserve System; tion, morale, and work of our Nation’s bank of the Internal Revenue Code of 1986 (relat- ing to bows) is amended to read as follows: ‘‘(C) the Office of Thrift Supervision; examiners. ‘‘(1) BOWS.— ‘‘(D) the Federal Deposit Insurance Cor- To alleviate this problem, the bill would poration; ‘‘(A) IN GENERAL.—There is hereby imposed ‘‘(E) the Federal Housing Finance Board; amend sections 212 and 213 of title 18 of the on the sale by the manufacturer, producer, ‘‘(F) the Farm Credit Administration; United States Code to reflect the changes in or importer of any bow which has a peak ‘‘(G) the Farm Credit System Insurance our Nation’s banking system. Under current draw weight of 30 pounds or more, a tax Corporation; and law, these sections prohibit examiners from equal to 11 percent of the price for which so ‘‘(H) the Small Business Administration. borrowing from banks they have examined, sold. ‘‘(3) FINANCIAL INSTITUTION.—The term ‘fi- and prohibit a financial institution from extend- ‘‘(B) ARCHERY EQUIPMENT.—There is hereby nancial institution’ does not include a credit imposed on the sale by the manufacturer, ing credit to anyone who examines or has au- producer, or importer— union, a Federal Reserve Bank, a Federal thority to examine that institution. These provi- home loan bank, or a depository institution ‘‘(i) of any part or accessory suitable for holding company. sions have been interpreted to cover all kinds inclusion in or attachment to a bow de- ‘‘(4) LOAN.—The term ‘loan’ does not in- of borrowing, including standard credit cards scribed in subparagraph (A), and clude any credit card account established and mortgages. ‘‘(ii) of any quiver or broadhead suitable under an open end consumer credit plan or a In a December 4, 2003, letter the Legal Di- for use with an arrow described in paragraph loan secured by residential real property vision of the Board of Governors of the Fed- (2), that is the principal residence of the exam- eral Reserve System explained that: a tax equal to 11 percent of the price for iner, if— [under current law]... an examiner could which so sold.’’. ‘‘(A) the applicant satisfies any financial commit a crime by obtaining a department (b) ARROWS.—Subsection (b) of section 4161 requirements for the credit card account or store credit card that is ultimately issued by of the Internal Revenue Code of 1986 (relat- residential real property loan that are gen- a bank the examiner examined five years ing to bows and arrows, etc.) is amended by erally applicable to all applicants for the ago. Examiners also have encountered dif- redesignating paragraph (3) as paragraph (4) same type of credit card account or residen- ficulty in obtaining home mortgage and and inserting after paragraph (2) the fol- tial real property loan; other loans at the best available rates be- lowing: ‘‘(B) the terms and conditions applicable cause of restrictions on the range of permis- ‘‘(3) ARROWS.— with respect to such account or residential sible lenders. ‘‘(A) IN GENERAL.—There is hereby imposed real property loan, and any credit extended on the sale by the manufacturer, producer, to the examiner under such account or resi- The proposed legislation updates the Crimi- or importer of any arrow, a tax equal to 12 dential real property loan, are no more fa- nal Code allowing for narrow exceptions to the percent of the price for which so sold. vorable generally to the examiner than the statutes for bank examiners who hold credit ‘‘(B) EXCEPTION.—In the case of any arrow terms and conditions that are generally ap- cards and residential home mortgage loans on of which the shaft or any other component plicable to credit card accounts or residen- standard terms from the banks they are exam- has been previously taxed under paragraph tial real property loans offered by the same ining. (1) or (2)— financial institution to other borrowers I urge my colleagues to support this legisla- ‘‘(i) section 6416(b)(3) shall not apply, and cardholders in comparable circumstances ‘‘(ii) the tax imposed by subparagraph (A) under open end consumer credit plans or for tion. shall be an amount equal to the excess (if residential real property loans; and The Senate bill was ordered to be any) of— ‘‘(C) with respect to residential real prop- read a third time, was read the third ‘‘(I) the amount of tax imposed by this erty loans, the loan is with respect to the time, and passed, and a motion to re- paragraph (determined without regard to primary residence of the applicant. consider was laid on the table. this subparagraph), over

VerDate jul 14 2003 05:59 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00121 Fmt 0636 Sfmt 0634 E:\CR\FM\A08DE7.107 H08PT1 H12868 CONGRESSIONAL RECORD — HOUSE December 8, 2003 ‘‘(II) the amount of tax paid with respect Act today. This bill will save American jobs ‘‘Sec. 204. Stay or vacation of execution of to the tax imposed under paragraph (1) or (2) and protect funding for the Wildlife Restoration judgments, attachments, and gar- on such shaft or component. Program (the Pittman-Robertson fund) by sim- nishments. ‘‘(C) ARROW.—For purposes of this para- ‘‘Sec. 205. Duration and term of stays; co- graph, the term ‘arrow’ means any shaft de- plifying administration and compliance with the defendants not in service. scribed in paragraph (2) to which additional excise tax and closing the unintended loop- ‘‘Sec. 206. Statute of limitations. components are attached.’’. hole that allows arrows assembled outside the ‘‘Sec. 207. Maximum rate of interest on debts (c) CONFORMING AMENDMENTS.—Section United States to avoid the excise tax imposed incurred before military service. 4161(b)(2) of the Internal Revenue Code is on domestic manufacturers. ‘‘TITLE III—RENT, INSTALLMENT CON- amended— The bill was ordered to be engrossed TRACTS, MORTGAGES, LIENS, ASSIGN- (1) by inserting ‘‘(other than broadheads)’’ and read a third time, was read the MENT, LEASES after ‘‘point’’, and third time, and passed, and a motion to ‘‘Sec. 301. Evictions and distress. (2) by striking ‘‘ARROWS.—’’ in the heading ‘‘Sec. 302. Protection under installment con- and inserting ‘‘ARROW COMPONENTS.—’’. reconsider was laid on the table. tracts for purchase or lease. (d) EFFECTIVE DATE.—The amendments f made by this section shall apply to articles ‘‘Sec. 303. Mortgages and trust deeds. sold by the manufacturer, producer, or im- GENERAL LEAVE ‘‘Sec. 304. Settlement of stayed cases relating to porter after February 15, 2004. personal property. Mr. RYAN of Wisconsin. Mr. Speaker, ‘‘Sec. 305. Termination of residential or motor Mr. RYAN of Wisconsin. Mr. Speaker, along I ask unanimous consent that all Mem- vehicle leases. with my colleague, Representative MATHESON, bers may have 5 legislative days within ‘‘Sec. 306. Protection of life insurance policy. I am pleased to introduce the Archery Rev- which to revise and extend their re- ‘‘Sec. 307. Enforcement of storage liens. enue Reform and Opportunity for Workers Act ‘‘Sec. 308. Extension of protections to depend- marks and include extraneous material ents. of 2003 (ARROW Act). on H.R. 3652. ‘‘TITLE IV—LIFE INSURANCE Our bill will protect Americans jobs by fixing The SPEAKER pro tempore. Is there a mistake in the tax code that allows archery objection to the request of the gen- ‘‘Sec. 401. Definitions. equipment to be imported into the United ‘‘Sec. 402. Insurance rights and protections. tleman from Wisconsin? States without paying the excise tax that ‘‘Sec. 403. Application for insurance protection. There was no objection. American manufacturers pay. Our bill will ‘‘Sec. 404. Policies entitled to protection and close this loophole now. f lapse of policies. The excise tax on domestically produced ar- ‘‘Sec. 405. Policy restrictions. b 1730 ‘‘Sec. 406. Deduction of unpaid premiums. rows is 12.4 percent. The revenue from this ‘‘Sec. 407. Premiums and interest guaranteed by excise tax is dedicated to the Pittman-Robert- SERVICEMEMBERS CIVIL RELIEF United States. son Aid for Wildlife Restoration Fund that fi- ACT ‘‘Sec. 408. Regulations. nances the States’ wildlife conservation and ‘‘Sec. 409. Review of findings of fact and con- Mr. SMITH of New Jersey. Mr. clusions of law. habitat restoration programs. In 1997, a Speaker, I ask unanimous consent to ‘‘TITLE V—TAXES AND PUBLIC LANDS change in the excise tax inadvertently created take from the Speaker’s table the bill a loophole that allows arrows manufactured (H.R. 100) to restate, clarify, and revise ‘‘Sec. 501. Taxes respecting personal property, outside of the United States to be sold in the money, credits, and real property. the Soldiers’ and Sailors’ Civil Relief United States without paying the tax paid by ‘‘Sec. 502. Rights in public lands. Act of 1940, with a Senate amendment American manufacturers. ‘‘Sec. 503. Desert-land entries. Sales of imported arrows and arrow shafts thereto, and concur in the Senate ‘‘Sec. 504. Mining claims. ‘‘Sec. 505. Mineral permits and leases. have increased from less than $1 million in amendment. The Clerk read the title of the bill. ‘‘Sec. 506. Perfection or defense of rights. 1997 to over $12 million in 2002. By avoiding ‘‘Sec. 507. Distribution of information con- the excise tax, foreign manufacturers have The Clerk read the Senate amend- ment, as follows: cerning benefits of title. displaced more than one-third of our domestic ‘‘Sec. 508. Land rights of servicemembers. production. Senate Amendment: ‘‘Sec. 509. Regulations. The loss of U.S. jobs and the negative im- Strike out all after the enacting clause and ‘‘Sec. 510. Income taxes. pact on domestic small businesses will con- insert: ‘‘Sec. 511. Residence for tax purposes. tinue to accelerate, as year-to-date imports SECTION 1. RESTATEMENT OF ACT. ‘‘TITLE VI—ADMINISTRATIVE REMEDIES through June 30 have increased 35 percent The Soldiers’ and Sailors’ Civil Relief Act of ‘‘Sec. 601. Inappropriate use of Act. over the same time period in 2002. In addition 1940 (50 U.S.C. App. 501 et seq.) is amended to ‘‘Sec. 602. Certificates of service; persons re- read as follows: to the loss of jobs, this loophole is draining ported missing. ‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS. funding from the States’ conservation and ‘‘Sec. 603. Interlocutory orders. ‘‘(a) SHORT TITLE.—This Act may be cited as ‘‘TITLE VII—FURTHER RELIEF game management programs. the ‘Servicemembers Civil Relief Act’. ‘‘Sec. 701. Anticipatory relief. This legislation will close the loophole that ‘‘(b) TABLE OF CONTENTS.—The table of con- ‘‘Sec. 702. Power of attorney. allows imported arrows to avoid the excise tax tents of this Act is as follows: ‘‘Sec. 703. Professional liability protection. paid by domestic manufacturers. While keep- ‘‘Sec. 1. Short title; table of contents. ing the current 12.4 percent tax on arrow com- ‘‘Sec. 704. Health insurance reinstatement. ‘‘Sec. 2. Purpose. ‘‘Sec. 705. Guarantee of residency for military ponents, the proposal will impose a tax of 12 ‘‘TITLE I—GENERAL PROVISIONS personnel. percent on the first sale of an arrow assem- ‘‘Sec. 101. Definitions. ‘‘Sec. 706. Business or trade obligations. bled from untaxed components. U.S. manufac- ‘‘Sec. 102. Jurisdiction and applicability of Act. ‘‘SEC. 2. PURPOSE. turers and foreign manufacturers will be treat- ‘‘Sec. 103. Protection of persons secondarily lia- ‘‘The purposes of this Act are— ed equally. ble. ‘‘(1) to provide for, strengthen, and expedite Current law also taxes non-hunters, contrary ‘‘Sec. 104. Extension of protections to citizens the national defense through protection ex- to congressional intent. To relieve non-hunters serving with allied forces. tended by this Act to servicemembers of the from the requirement to pay for wildlife man- ‘‘Sec. 105. Notification of benefits. United States to enable such persons to devote agement, the legislation would eliminate the ‘‘Sec. 106. Extension of rights and protections their entire energy to the defense needs of the current-law tax on bows with draw weights of to Reserves ordered to report for Nation; and less than 30 pounds. Those bows are not suit- military service and to persons or- ‘‘(2) to provide for the temporary suspension of judicial and administrative proceedings and able or, in many States, legal for hunting. To dered to report for induction. ‘‘Sec. 107. Waiver of rights pursuant to written transactions that may adversely affect the civil preserve the revenue for the Wildlife Restora- agreement. rights of servicemembers during their military tion Fund, the bill would retain the current tax ‘‘Sec. 108. Exercise of rights under Act not to service. on bows that are suitable for hunting. affect certain future financial ‘‘TITLE I—GENERAL PROVISIONS Finally, the ARROW Act will clarify that transactions. ‘‘SEC. 101. DEFINITIONS. broadheads are an accessory taxed at 11 per- ‘‘Sec. 109. Legal representatives. ‘‘For the purposes of this Act: cent rather than as an arrow component taxed ‘‘TITLE II—GENERAL RELIEF ‘‘(1) SERVICEMEMBER.—The term at 12.4 percent. This will correct the ambiguity ‘‘Sec. 201. Protection of servicemembers against ‘servicemember’ means a member of the uni- in the 1997 act that led to the misclassification default judgments. formed services, as that term is defined in sec- of broadheads. ‘‘Sec. 202. Stay of proceedings when tion 101(a)(5) of title 10, United States Code. I urge my colleagues to pass the Archery servicemember has notice. ‘‘(2) MILITARY SERVICE.—The term ‘military Revenue Reform and Opportunity for Workers ‘‘Sec. 203. Fines and penalties under contracts. service’ means—

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00122 Fmt 0636 Sfmt 6333 E:\CR\FM\A08DE7.108 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12869 ‘‘(A) in the case of a servicemember who is a of an order, writ, judgment, or decree, or (4) the Service Act (50 U.S.C. App. 451 et seq.) is enti- member of the Army, Navy, Air Force, Marine performance of any other act, the court may tled to the rights and protections provided a Corps, or Coast Guard— likewise grant such a stay, postponement, or servicemember under this title and titles II and ‘‘(i) active duty, as defined in section 101(d)(1) suspension to a surety, guarantor, endorser, ac- III during the period beginning on the date of of title 10, United States Code, and commodation maker, comaker, or other person receipt of the order for induction and ending on ‘‘(ii) in the case of a member of the National who is or may be primarily or secondarily sub- the date on which the person reports for induc- Guard, includes service under a call to active ject to the obligation or liability the performance tion (or, if the order to report for induction is service authorized by the President or the Sec- or enforcement of which is stayed, postponed, or revoked before the date on which the person re- retary of Defense for a period of more than 30 suspended. ports for induction, on the date on which the consecutive days under section 502(f) of title 32, ‘‘(b) VACATION OR SET-ASIDE OF JUDGMENTS.— order is revoked). United States Code, for purposes of responding When a judgment or decree is vacated or set ‘‘SEC. 107. WAIVER OF RIGHTS PURSUANT TO to a national emergency declared by the Presi- aside, in whole or in part, pursuant to this Act, WRITTEN AGREEMENT. dent and supported by Federal funds; the court may also set aside or vacate, as the ‘‘(a) IN GENERAL.—A servicemember may ‘‘(B) in the case of a servicemember who is a case may be, the judgment or decree as to a sur- waive any of the rights and protections provided commissioned officer of the Public Health Serv- ety, guarantor, endorser, accommodation maker, by this Act. In the case of a waiver that permits ice or the National Oceanic and Atmospheric comaker, or other person who is or may be pri- an action described in subsection (b), the waiver Administration, active service; and marily or secondarily liable on the contract or is effective only if made pursuant to a written ‘‘(C) any period during which a servicemember liability for the enforcement of the judgment or agreement of the parties that is executed during is absent from duty on account of sickness, decree. or after the servicemember’s period of military wounds, leave, or other lawful cause. ‘‘(c) BAIL BOND NOT TO BE ENFORCED DURING service. The written agreement shall specify the ‘‘(3) PERIOD OF MILITARY SERVICE.—The term PERIOD OF MILITARY SERVICE.—A court may not legal instrument to which the waiver applies ‘period of military service’ means the period be- enforce a bail bond during the period of military and, if the servicemember is not a party to that ginning on the date on which a servicemember service of the principal on the bond when mili- instrument, the servicemember concerned. enters military service and ending on the date tary service prevents the surety from obtaining ‘‘(b) ACTIONS REQUIRING WAIVERS IN WRIT- on which the servicemember is released from the attendance of the principal. The court may ING.—The requirement in subsection (a) for a military service or dies while in military service. discharge the surety and exonerate the bail, in written waiver applies to the following: ‘‘(4) DEPENDENT.—The term ‘dependent’, with accordance with principles of equity and justice, ‘‘(1) The modification, termination, or can- respect to a servicemember, means— during or after the period of military service of cellation of— ‘‘(A) the servicemember’s spouse; the principal. ‘‘(A) a contract, lease, or bailment; or ‘‘(B) the servicemember’s child (as defined in ‘‘(d) WAIVER OF RIGHTS.— ‘‘(B) an obligation secured by a mortgage, section 101(4) of title 38, United States Code); or ‘‘(1) WAIVERS NOT PRECLUDED.—This Act does trust, deed, lien, or other security in the nature ‘‘(C) an individual for whom the not prevent a waiver in writing by a surety, of a mortgage. servicemember provided more than one-half of guarantor, endorser, accommodation maker, ‘‘(2) The repossession, retention, foreclosure, the individual’s support for 180 days imme- comaker, or other person (whether primarily or sale, forfeiture, or taking possession of property diately preceding an application for relief under secondarily liable on an obligation or liability) that— this Act. of the protections provided under subsections ‘‘(A) is security for any obligation; or ‘‘(5) COURT.—The term ‘court’ means a court (a) and (b). Any such waiver is effective only if ‘‘(B) was purchased or received under a con- or an administrative agency of the United States it is executed as an instrument separate from tract, lease, or bailment. or of any State (including any political subdivi- the obligation or liability with respect to which ‘‘(c) COVERAGE OF PERIODS AFTER ORDERS sion of a State), whether or not a court or ad- it applies. RECEIVED.—For the purposes of this section— ministrative agency of record. ‘‘(2) WAIVER INVALIDATED UPON ENTRANCE TO ‘‘(1) a person to whom section 106 applies shall be considered to be a servicemember; and ‘‘(6) STATE.—The term ‘State’ includes— MILITARY SERVICE.—If a waiver under para- ‘‘(2) the period with respect to such a person ‘‘(A) a commonwealth, territory, or possession graph (1) is executed by an individual who after specified in subsection (a) or (b), as the case of the United States; and the execution of the waiver enters military serv- may be, of section 106 shall be considered to be ‘‘(B) the District of Columbia. ice, or by a dependent of an individual who a period of military service. ‘‘(7) SECRETARY CONCERNED.—The term ‘Sec- after the execution of the waiver enters military retary concerned’— service, the waiver is not valid after the begin- ‘‘SEC. 108. EXERCISE OF RIGHTS UNDER ACT NOT TO AFFECT CERTAIN FUTURE FINAN- ‘‘(A) with respect to a member of the armed ning of the period of such military service unless the waiver was executed by such individual or CIAL TRANSACTIONS. forces, has the meaning given that term in sec- ‘‘Application by a servicemember for, or re- tion 101(a)(9) of title 10, United States Code; dependent during the period specified in section 106. ceipt by a servicemember of, a stay, postpone- ‘‘(B) with respect to a commissioned officer of ment, or suspension pursuant to this Act in the the Public Health Service, means the Secretary ‘‘SEC. 104. EXTENSION OF PROTECTIONS TO CITI- ZENS SERVING WITH ALLIED payment of a tax, fine, penalty, insurance pre- of Health and Human Services; and mium, or other civil obligation or liability of ‘‘(C) with respect to a commissioned officer of FORCES. ‘‘A citizen of the United States who is serving that servicemember shall not itself (without re- the National Oceanic and Atmospheric Adminis- with the forces of a nation with which the gard to other considerations) provide the basis tration, means the Secretary of Commerce. United States is allied in the prosecution of a for any of the following: ‘‘(8) MOTOR VEHICLE.—The term ‘motor vehi- war or military action is entitled to the relief ‘‘(1) A determination by a lender or other per- cle’ has the meaning given that term in section son that the servicemember is unable to pay the 30102(a)(6) of title 49, United States Code. and protections provided under this Act if that service with the allied force is similar to military civil obligation or liability in accordance with ‘‘SEC. 102. JURISDICTION AND APPLICABILITY OF service as defined in this Act. The relief and its terms. ACT. protections provided to such citizen shall termi- ‘‘(2) With respect to a credit transaction be- ‘‘(a) JURISDICTION.—This Act applies to— nate on the date of discharge or release from tween a creditor and the servicemember— ‘‘(1) the United States; such service. ‘‘(A) a denial or revocation of credit by the ‘‘(2) each of the States, including the political creditor; subdivisions thereof; and ‘‘SEC. 105. NOTIFICATION OF BENEFITS. ‘‘The Secretary concerned shall ensure that ‘‘(B) a change by the creditor in the terms of ‘‘(3) all territory subject to the jurisdiction of notice of the benefits accorded by this Act is an existing credit arrangement; or the United States. ‘‘(C) a refusal by the creditor to grant credit provided in writing to persons in military service ‘‘(b) APPLICABILITY TO PROCEEDINGS.—This to the servicemember in substantially the and to persons entering military service. Act applies to any judicial or administrative amount or on substantially the terms requested. proceeding commenced in any court or agency ‘‘SEC. 106. EXTENSION OF RIGHTS AND PROTEC- ‘‘(3) An adverse report relating to the credit- in any jurisdiction subject to this Act. This Act TIONS TO RESERVES ORDERED TO REPORT FOR MILITARY SERVICE worthiness of the servicemember by or to a per- does not apply to criminal proceedings. AND TO PERSONS ORDERED TO RE- son engaged in the practice of assembling or ‘‘(c) COURT IN WHICH APPLICATION MAY BE PORT FOR INDUCTION. evaluating consumer credit information. MADE.—When under this Act any application is ‘‘(a) RESERVES ORDERED TO REPORT FOR ‘‘(4) A refusal by an insurer to insure the required to be made to a court in which no pro- MILITARY SERVICE.—A member of a reserve com- servicemember. ceeding has already been commenced with re- ponent who is ordered to report for military ‘‘(5) An annotation in a servicemember’s spect to the matter, such application may be service is entitled to the rights and protections record by a creditor or a person engaged in the made to any court which would otherwise have of this title and titles II and III during the pe- practice of assembling or evaluating consumer jurisdiction over the matter. riod beginning on the date of the member’s re- credit information, identifying the ‘‘SEC. 103. PROTECTION OF PERSONS SECOND- ceipt of the order and ending on the date on servicemember as a member of the National ARILY LIABLE. which the member reports for military service Guard or a reserve component. ‘‘(a) EXTENSION OF PROTECTION WHEN AC- (or, if the order is revoked before the member so ‘‘(6) A change in the terms offered or condi- TIONS STAYED, POSTPONED, OR SUSPENDED.— reports, or the date on which the order is re- tions required for the issuance of insurance. Whenever pursuant to this Act a court stays, voked). ‘‘SEC. 109. LEGAL REPRESENTATIVES. postpones, or suspends (1) the enforcement of an ‘‘(b) PERSONS ORDERED TO REPORT FOR IN- ‘‘(a) REPRESENTATIVE.—A legal representative obligation or liability, (2) the prosecution of a DUCTION.—A person who has been ordered to re- of a servicemember for purposes of this Act is ei- suit or proceeding, (3) the entry or enforcement port for induction under the Military Selective ther of the following:

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‘‘(1) An attorney acting on the behalf of a ‘‘(e) INAPPLICABILITY OF SECTION 202 PROCE- the servicemember at the time of the initial ap- servicemember. DURES.—A stay of proceedings under subsection plication under subsection (b) or when it ap- ‘‘(2) An individual possessing a power of at- (d) shall not be controlled by procedures or re- pears that the servicemember is unavailable to torney. quirements under section 202. prosecute or defend the action. The same infor- ‘‘(b) APPLICATION.—Whenever the term ‘‘(f) SECTION 202 PROTECTION.—If a mation required under subsection (b)(2) shall be ‘servicemember’ is used in this Act, such term servicemember who is a defendant in an action included in an application under this sub- shall be treated as including a reference to a covered by this section receives actual notice of section. legal representative of the servicemember. the action, the servicemember may request a ‘‘(2) APPOINTMENT OF COUNSEL WHEN ADDI- ‘‘TITLE II—GENERAL RELIEF stay of proceeding under section 202. TIONAL STAY REFUSED.—If the court refuses to ‘‘SEC. 201. PROTECTION OF SERVICEMEMBERS ‘‘(g) VACATION OR SETTING ASIDE OF DEFAULT grant an additional stay of proceedings under AGAINST DEFAULT JUDGMENTS. JUDGMENTS.— paragraph (1), the court shall appoint counsel ‘‘(a) APPLICABILITY OF SECTION.—This section ‘‘(1) AUTHORITY FOR COURT TO VACATE OR SET to represent the servicemember in the action or applies to any civil action or proceeding in ASIDE JUDGMENT.—If a default judgment is en- proceeding. which the defendant does not make an appear- tered in an action covered by this section ‘‘(e) COORDINATION WITH SECTION 201.—A ance. against a servicemember during the servicemember who applies for a stay under this ‘‘(b) AFFIDAVIT REQUIREMENT.— servicemember’s period of military service (or section and is unsuccessful may not seek the ‘‘(1) PLAINTIFF TO FILE AFFIDAVIT.—In any within 60 days after termination of or release protections afforded by section 201. action or proceeding covered by this section, the from such military service), the court entering ‘‘(f) INAPPLICABILITY TO SECTION 301.—The court, before entering judgment for the plaintiff, the judgment shall, upon application by or on protections of this section do not apply to sec- shall require the plaintiff to file with the court behalf of the servicemember, reopen the judg- tion 301. an affidavit— ment for the purpose of allowing the ‘‘SEC. 203. FINES AND PENALTIES UNDER CON- ‘‘(A) stating whether or not the defendant is servicemember to defend the action if it appears TRACTS. in military service and showing necessary facts that— ‘‘(a) PROHIBITION OF PENALTIES.—When an to support the affidavit; or ‘‘(A) the servicemember was materially af- action for compliance with the terms of a con- ‘‘(B) if the plaintiff is unable to determine fected by reason of that military service in mak- tract is stayed pursuant to this Act, a penalty whether or not the defendant is in military serv- ing a defense to the action; and shall not accrue for failure to comply with the ice, stating that the plaintiff is unable to deter- ‘‘(B) the servicemember has a meritorious or terms of the contract during the period of the mine whether or not the defendant is in military legal defense to the action or some part of it. stay. service. ‘‘(2) TIME FOR FILING APPLICATION.—An appli- ‘‘(b) REDUCTION OR WAIVER OF FINES OR PEN- ‘‘(2) APPOINTMENT OF ATTORNEY TO REP- cation under this subsection must be filed not ALTIES.—If a servicemember fails to perform an RESENT DEFENDANT IN MILITARY SERVICE.—If in later than 90 days after the date of the termi- obligation arising under a contract and a pen- an action covered by this section it appears that nation of or release from military service. alty is incurred arising from that nonperform- the defendant is in military service, the court ‘‘(h) PROTECTION OF BONA FIDE PURCHASER.— ance, a court may reduce or waive the fine or may not enter a judgment until after the court If a court vacates, sets aside, or reverses a de- penalty if— appoints an attorney to represent the defend- fault judgment against a servicemember and the ‘‘(1) the servicemember was in military service ant. If an attorney appointed under this section vacating, setting aside, or reversing is because at the time the fine or penalty was incurred; to represent a servicemember cannot locate the of a provision of this Act, that action shall not and servicemember, actions by the attorney in the impair a right or title acquired by a bona fide ‘‘(2) the ability of the servicemember to per- case shall not waive any defense of the purchaser for value under the default judgment. form the obligation was materially affected by servicemember or otherwise bind the such military service. servicemember. ‘‘SEC. 202. STAY OF PROCEEDINGS WHEN SERVICEMEMBER HAS NOTICE. ‘‘SEC. 204. STAY OR VACATION OF EXECUTION OF ‘‘(3) DEFENDANT’S MILITARY STATUS NOT JUDGMENTS, ATTACHMENTS, AND ASCERTAINED BY AFFIDAVIT.—If based upon the ‘‘(a) APPLICABILITY OF SECTION.—This section GARNISHMENTS. affidavits filed in such an action, the court is applies to any civil action or proceeding in ‘‘(a) COURT ACTION UPON MATERIAL AFFECT unable to determine whether the defendant is in which the defendant at the time of filing an ap- DETERMINATION.—If a servicemember, in the military service, the court, before entering judg- plication under this section— opinion of the court, is materially affected by ment, may require the plaintiff to file a bond in ‘‘(1) is in military service or is within 90 days reason of military service in complying with a an amount approved by the court. If the defend- after termination of or release from military court judgment or order, the court may on its ant is later found to be in military service, the service; and own motion and shall on application by the bond shall be available to indemnify the defend- ‘‘(2) has received notice of the action or pro- servicemember— ant against any loss or damage the defendant ceeding. ‘‘(1) stay the execution of any judgment or may suffer by reason of any judgment for the ‘‘(b) STAY OF PROCEEDINGS.— order entered against the servicemember; and plaintiff against the defendant, should the judg- ‘‘(1) AUTHORITY FOR STAY.—At any stage be- fore final judgment in a civil action or pro- ‘‘(2) vacate or stay an attachment or garnish- ment be set aside in whole or in part. The bond ment of property, money, or debts in the posses- shall remain in effect until expiration of the ceeding in which a servicemember described in sion of the servicemember or a third party, time for appeal and setting aside of a judgment subsection (a) is a party, the court may on its whether before or after judgment. under applicable Federal or State law or regula- own motion and shall, upon application by the ‘‘(b) APPLICABILITY.—This section applies to tion or under any applicable ordinance of a po- servicemember, stay the action for a period of not less than 90 days, if the conditions in para- an action or proceeding commenced in a court litical subdivision of a State. The court may against a servicemember before or during the pe- issue such orders or enter such judgments as the graph (2) are met. riod of the servicemember’s military service or court determines necessary to protect the rights ‘‘(2) CONDITIONS FOR STAY.—An application within 90 days after such service terminates. of the defendant under this Act. for a stay under paragraph (1) shall include the ‘‘(4) SATISFACTION OF REQUIREMENT FOR AFFI- following: ‘‘SEC. 205. DURATION AND TERM OF STAYS; CO- DEFENDANTS NOT IN SERVICE. DAVIT.—The requirement for an affidavit under ‘‘(A) A letter or other communication setting paragraph (1) may be satisfied by a statement, forth facts stating the manner in which current ‘‘(a) PERIOD OF STAY.—A stay of an action, declaration, verification, or certificate, in writ- military duty requirements materially affect the proceeding, attachment, or execution made pur- ing, subscribed and certified or declared to be servicemember’s ability to appear and stating a suant to the provisions of this Act by a court true under penalty of perjury. date when the servicemember will be available to may be ordered for the period of military service ‘‘(c) PENALTY FOR MAKING OR USING FALSE appear. and 90 days thereafter, or for any part of that AFFIDAVIT.—A person who makes or uses an af- ‘‘(B) A letter or other communication from the period. The court may set the terms and fidavit permitted under subsection (b) (or a servicemember’s commanding officer stating that amounts for such installment payments as is statement, declaration, verification, or certifi- the servicemember’s current military duty pre- considered reasonable by the court. cate as authorized under subsection (b)(4)) vents appearance and that military leave is not ‘‘(b) CODEFENDANTS.—If the servicemember is knowing it to be false, shall be fined as provided authorized for the servicemember at the time of a codefendant with others who are not in mili- in title 18, United States Code, or imprisoned for the letter. tary service and who are not entitled to the re- not more than one year, or both. ‘‘(c) APPLICATION NOT A WAIVER OF DE- lief and protections provided under this Act, the ‘‘(d) STAY OF PROCEEDINGS.—In an action FENSES.—An application for a stay under this plaintiff may proceed against those other de- covered by this section in which the defendant section does not constitute an appearance for fendants with the approval of the court. is in military service, the court shall grant a jurisdictional purposes and does not constitute a ‘‘(c) INAPPLICABILITY OF SECTION.—This sec- stay of proceedings for a minimum period of 90 waiver of any substantive or procedural defense tion does not apply to sections 202 and 701. days under this subsection upon application of (including a defense relating to lack of personal ‘‘SEC. 206. STATUTE OF LIMITATIONS. counsel, or on the court’s own motion, if the jurisdiction). ‘‘(a) TOLLING OF STATUTES OF LIMITATION court determines that— ‘‘(d) ADDITIONAL STAY.— DURING MILITARY SERVICE.—The period of a ‘‘(1) there may be a defense to the action and ‘‘(1) APPLICATION.—A servicemember who is servicemember’s military service may not be in- a defense cannot be presented without the pres- granted a stay of a civil action or proceeding cluded in computing any period limited by law, ence of the defendant; or under subsection (b) may apply for an addi- regulation, or order for the bringing of any ac- ‘‘(2) after due diligence, counsel has been un- tional stay based on continuing material affect tion or proceeding in a court, or in any board, able to contact the defendant or otherwise deter- of military duty on the servicemember’s ability bureau, commission, department, or other agen- mine if a meritorious defense exists. to appear. Such an application may be made by cy of a State (or political subdivision of a State)

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00124 Fmt 0636 Sfmt 6333 E:\CR\FM\A08DE7.109 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12871 or the United States by or against the amount in effect under paragraph (1)(A)(ii) property be repossessed for such breach without servicemember or the servicemember’s heirs, ex- shall be increased by the housing price inflation a court order. ecutors, administrators, or assigns. adjustment for the calendar year involved. ‘‘(2) APPLICABILITY.—This section applies ‘‘(b) REDEMPTION OF REAL PROPERTY.—A pe- ‘‘(B) For purposes of this paragraph— only to a contract for which a deposit or install- riod of military service may not be included in ‘‘(i) The housing price inflation adjustment ment has been paid by the servicemember before computing any period provided by law for the for any calendar year is the percentage change the servicemember enters military service. redemption of real property sold or forfeited to (if any) by which— ‘‘(b) PENALTIES.— enforce an obligation, tax, or assessment. ‘‘(I) the CPI housing component for November ‘‘(1) MISDEMEANOR.—A person who knowingly ‘‘(c) INAPPLICABILITY TO INTERNAL REVENUE of the preceding calendar year, exceeds resumes possession of property in violation of LAWS.—This section does not apply to any pe- ‘‘(II) the CPI housing component for Novem- subsection (a), or in violation of section 107 of riod of limitation prescribed by or under the in- ber of 1984. this Act, or who knowingly attempts to do so, ternal revenue laws of the United States. ‘‘(ii) The term ‘CPI housing component’ shall be fined as provided in title 18, United States Code, or imprisoned for not more than ‘‘SEC. 207. MAXIMUM RATE OF INTEREST ON means the index published by the Bureau of one year, or both. DEBTS INCURRED BEFORE MILITARY Labor Statistics of the Department of Labor ‘‘(2) PRESERVATION OF OTHER REMEDIES AND SERVICE. known as the Consumer Price Index, All Urban RIGHTS.—The remedies and rights provided ‘‘(a) INTEREST RATE LIMITATION.— Consumers, Rent of Primary Residence, U.S. under this section are in addition to and do not ‘‘(1) LIMITATION TO 6 PERCENT.—An obligation City Average. or liability bearing interest at a rate in excess of preclude any remedy for wrongful conversion ‘‘(3) PUBLICATION OF HOUSING PRICE INFLA- otherwise available under law to the person 6 percent per year that is incurred by a TION ADJUSTMENT.—The Secretary of Defense claiming relief under this section, including any servicemember, or the servicemember and the shall cause to be published in the Federal Reg- award for consequential and punitive damages. servicemember’s spouse jointly, before the ister each year the amount in effect under para- ‘‘(c) AUTHORITY OF COURT.—In a hearing servicemember enters military service shall not graph (1)(A)(ii) for that year following the based on this section, the court— bear interest at a rate in excess of 6 percent per housing price inflation adjustment for that year ‘‘(1) may order repayment to the year during the period of military service. pursuant to paragraph (2). Such publication servicemember of all or part of the prior install- ‘‘(2) FORGIVENESS OF INTEREST IN EXCESS OF 6 shall be made for a year not later than 60 days ments or deposits as a condition of terminating PERCENT.—Interest at a rate in excess of 6 per- after such adjustment is made for that year. the contract and resuming possession of the cent per year that would otherwise be incurred ‘‘(b) STAY OF EXECUTION.— property; but for the prohibition in paragraph (1) is for- ‘‘(1) COURT AUTHORITY.—Upon an application ‘‘(2) may, on its own motion, and shall on ap- given. for eviction or distress with respect to premises plication by a servicemember when the ‘‘(3) PREVENTION OF ACCELERATION OF PRIN- covered by this section, the court may on its servicemember’s ability to comply with the con- CIPAL.—The amount of any periodic payment own motion and shall, if a request is made by or tract is materially affected by military service, due from a servicemember under the terms of the on behalf of a servicemember whose ability to stay the proceedings for a period of time as, in instrument that created an obligation or liabil- pay the agreed rent is materially affected by the opinion of the court, justice and equity re- ity covered by this section shall be reduced by military service— quire; or the amount of the interest forgiven under para- ‘‘(A) stay the proceedings for a period of 90 ‘‘(3) may make other disposition as is equi- graph (2) that is allocable to the period for days, unless in the opinion of the court, justice table to preserve the interests of all parties. which such payment is made. and equity require a longer or shorter period of ‘‘SEC. 303. MORTGAGES AND TRUST DEEDS. ‘‘(b) IMPLEMENTATION OF LIMITATION.— time; or ‘‘(a) MORTGAGE AS SECURITY.—This section ‘‘(1) WRITTEN NOTICE TO CREDITOR.—In order ‘‘(B) adjust the obligation under the lease to applies only to an obligation on real or personal for an obligation or liability of a servicemember preserve the interests of all parties. property owned by a servicemember that— to be subject to the interest rate limitation in ‘‘(2) RELIEF TO LANDLORD.—If a stay is grant- ‘‘(1) originated before the period of the subsection (a), the servicemember shall provide ed under paragraph (1), the court may grant to servicemember’s military service and for which to the creditor written notice and a copy of the the landlord (or other person with paramount the servicemember is still obligated; and military orders calling the servicemember to mili- title) such relief as equity may require. ‘‘(2) is secured by a mortgage, trust deed, or tary service and any orders further extending ‘‘(c) PENALTIES.— other security in the nature of a mortgage. ‘‘(b) STAY OF PROCEEDINGS AND ADJUSTMENT military service, not later than 180 days after ‘‘(1) MISDEMEANOR.—Except as provided in OF OBLIGATION.—In an action filed during, or the date of the servicemember’s termination or subsection (a), a person who knowingly takes within 90 days after, a servicemember’s period of release from military service. part in an eviction or distress described in sub- military service to enforce an obligation de- ‘‘(2) LIMITATION EFFECTIVE AS OF DATE OF section (a), or who knowingly attempts to do so, scribed in subsection (a), the court may after a ORDER TO ACTIVE DUTY.—Upon receipt of writ- shall be fined as provided in title 18, United hearing and on its own motion and shall upon ten notice and a copy of orders calling a States Code, or imprisoned for not more than application by a servicemember when the servicemember to military service, the creditor one year, or both. servicemember’s ability to comply with the obli- shall treat the debt in accordance with sub- RESERVATION OF OTHER REMEDIES AND ‘‘(2) P gation is materially affected by military serv- section (a), effective as of the date on which the RIGHTS.—The remedies and rights provided servicemember is called to military service. ice— under this section are in addition to and do not ‘‘(1) stay the proceedings for a period of time ‘‘(c) CREDITOR PROTECTION.—A court may preclude any remedy for wrongful conversion grant a creditor relief from the limitations of as justice and equity require, or (or wrongful eviction) otherwise available under ‘‘(2) adjust the obligation to preserve the in- this section if, in the opinion of the court, the the law to the person claiming relief under this terests of all parties. ability of the servicemember to pay interest upon section, including any award for consequential ‘‘(c) SALE OR FORECLOSURE.—A sale, fore- the obligation or liability at a rate in excess of and punitive damages. closure, or seizure of property for a breach of an 6 percent per year is not materially affected by ‘‘(d) RENT ALLOTMENT FROM PAY OF obligation described in subsection (a) shall not reason of the servicemember’s military service. SERVICEMEMBER.—To the extent required by a be valid if made during, or within 90 days after, ‘‘(d) INTEREST.—As used in this section, the court order related to property which is the sub- the period of the servicemember’s military serv- term ‘interest’ includes service charges, renewal ject of a court action under this section, the Sec- ice except— charges, fees, or any other charges (except bona retary concerned shall make an allotment from ‘‘(1) upon a court order granted before such fide insurance) with respect to an obligation or the pay of a servicemember to satisfy the terms sale, foreclosure, or seizure with a return made liability. of such order, except that any such allotment and approved by the court; or ‘‘TITLE III—RENT, INSTALLMENT CON- shall be subject to regulations prescribed by the ‘‘(2) if made pursuant to an agreement as pro- TRACTS, MORTGAGES, LIENS, ASSIGN- Secretary concerned establishing the maximum vided in section 107. MENT, LEASES amount of pay of servicemembers that may be ‘‘(d) PENALTIES.— allotted under this subsection. ‘‘(1) MISDEMEANOR.—A person who knowingly ‘‘SEC. 301. EVICTIONS AND DISTRESS. makes or causes to be made a sale, foreclosure, ‘‘(a) COURT-ORDERED EVICTION.— ‘‘(e) LIMITATION OF APPLICABILITY.—Section 202 is not applicable to this section. or seizure of property that is prohibited by sub- ‘‘(1) IN GENERAL.—Except by court order, a section (c), or who knowingly attempts to do so, landlord (or another person with paramount ‘‘SEC. 302. PROTECTION UNDER INSTALLMENT shall be fined as provided in title 18, United title) may not— CONTRACTS FOR PURCHASE OR LEASE. States Code, or imprisoned for not more than ‘‘(A) evict a servicemember, or the dependents one year, or both. ‘‘(a) PROTECTION UPON BREACH OF CON- of a servicemember, during a period of military ‘‘(2) PRESERVATION OF OTHER REMEDIES.—The service of the servicemember, from premises— TRACT.— remedies and rights provided under this section ‘‘(i) that are occupied or intended to be occu- ‘‘(1) PROTECTION AFTER ENTERING MILITARY are in addition to and do not preclude any rem- pied primarily as a residence; and SERVICE.—After a servicemember enters military edy for wrongful conversion otherwise available ‘‘(ii) for which the monthly rent does not ex- service, a contract by the servicemember for— under law to the person claiming relief under ceed $2,400, as adjusted under paragraph (2) for ‘‘(A) the purchase of real or personal property this section, including consequential and puni- years after 2003; or (including a motor vehicle); or tive damages. ‘‘(B) the lease or bailment of such property, ‘‘(B) subject such premises to a distress during ‘‘SEC. 304. SETTLEMENT OF STAYED CASES RE- the period of military service. may not be rescinded or terminated for a breach LATING TO PERSONAL PROPERTY. ‘‘(2) HOUSING PRICE INFLATION ADJUSTMENT.— of terms of the contract occurring before or dur- ‘‘(a) APPRAISAL OF PROPERTY.—When a stay (A) For calendar years beginning with 2004, the ing that person’s military service, nor may the is granted pursuant to this Act in a proceeding

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00125 Fmt 0636 Sfmt 6333 E:\CR\FM\A08DE7.109 H08PT1 H12872 CONGRESSIONAL RECORD — HOUSE December 8, 2003

to foreclose a mortgage on or to repossess per- lease under subsection (a) is effective 30 days ‘‘(d) TREATMENT OF GUARANTEED PRE- sonal property, or to rescind or terminate a con- after the first date on which the next rental MIUMS.—For purposes of this subsection, pre- tract for the purchase of personal property, the payment is due and payable after the date on miums guaranteed under the provisions of title court may appoint three disinterested parties to which the notice under subsection (c) is deliv- IV of this Act shall not be considered due and appraise the property. ered. In the case of any other lease described in unpaid. ‘‘(b) EQUITY PAYMENT.—Based on the ap- subsection (b)(1), termination of the lease under ‘‘(e) PENALTIES.— praisal, and if undue hardship to the subsection (a) is effective on the last day of the ‘‘(1) MISDEMEANOR.—A person who knowingly servicemember’s dependents will not result, the month following the month in which the notice takes an action contrary to this section, or at- court may order that the amount of the is delivered. tempts to do so, shall be fined as provided in servicemember’s equity in the property be paid ‘‘(2) LEASE OF MOTOR VEHICLES.—In the case title 18, United States Code, or imprisoned for to the servicemember, or the servicemember’s de- of a lease described in subsection (b)(2), termi- not more than one year, or both. pendents, as a condition of foreclosing the mort- nation of the lease under subsection (a) is effec- ‘‘(2) PRESERVATION OF OTHER REMEDIES.—The gage, repossessing the property, or rescinding or tive on the day on which the requirements of remedy and rights provided under this section terminating the contract. subsection (c) are met for such termination. are in addition to and do not preclude any rem- ‘‘(e) ARREARAGES AND OTHER OBLIGATIONS ‘‘SEC. 305. TERMINATION OF RESIDENTIAL OR edy for wrongful conversion otherwise available MOTOR VEHICLE LEASES. AND LIABILITIES.—Rents or lease amounts un- under law to the person claiming relief under ‘‘(a) TERMINATION BY LESSEE.—The lessee on paid for the period preceding the effective date this section, including any consequential or pu- a lease described in subsection (b) may, at the of the lease termination shall be paid on a pro- nitive damages. lessee’s option, terminate the lease at any time rated basis. In the case of the lease of a motor ‘‘SEC. 307. ENFORCEMENT OF STORAGE LIENS. vehicle, the lessor may not impose an early ter- after— ‘‘(a) LIENS.— ‘‘(1) the lessee’s entry into military service; or mination charge, but any taxes, summonses, ‘‘(1) LIMITATION ON FORECLOSURE OR EN- and title and registration fees and any other ob- ‘‘(2) the date of the lessee’s military orders de- FORCEMENT.—A person holding a lien on the scribed in paragraph (1)(B) or (2)(B) of sub- ligation and liability of the lessee in accordance property or effects of a servicemember may not, section (b), as the case may be. with the terms of the lease, including reasonable during any period of military service of the ‘‘(b) COVERED LEASES.—This section applies to charges to the lessee for excess wear, use and servicemember and for 90 days thereafter, fore- the following leases: mileage, that are due and unpaid at the time of close or enforce any lien on such property or ef- termination of the lease shall be paid by the les- ‘‘(1) LEASES OF PREMISES.—A lease of premises fects without a court order granted before fore- see. occupied, or intended to be occupied, by a closure or enforcement. ‘‘(f) RENT PAID IN ADVANCE.—Rents or lease servicemember or a servicemember’s dependents ‘‘(2) LIEN DEFINED.—For the purposes of para- amounts paid in advance for a period after the for a residential, professional, business, agricul- graph (1), the term ‘lien’ includes a lien for stor- effective date of the termination of the lease tural, or similar purpose if— age, repair, or cleaning of the property or effects shall be refunded to the lessee by the lessor (or ‘‘(A) the lease is executed by or on behalf of of a servicemember or a lien on such property or the lessor’s assignee or the assignee’s agent) a person who thereafter and during the term of within 30 days of the effective date of the termi- effects for any other reason. the lease enters military service; or ‘‘(b) STAY OF PROCEEDINGS.—In a proceeding ‘‘(B) the servicemember, while in military serv- nation of the lease. ‘‘(g) RELIEF TO LESSOR.—Upon application by to foreclose or enforce a lien subject to this sec- ice, executes the lease and thereafter receives the lessor to a court before the termination date tion, the court may on its own motion, and shall military orders for a permanent change of sta- provided in the written notice, relief granted by if requested by a servicemember whose ability to tion or to deploy with a military unit for a pe- this section to a servicemember may be modified comply with the obligation resulting in the pro- riod of not less than 90 days. as justice and equity require. ceeding is materially affected by military serv- ‘‘(2) LEASES OF MOTOR VEHICLES.—A lease of a ‘‘(h) PENALTIES.— ice— motor vehicle used, or intended to be used, by a ‘‘(1) MISDEMEANOR.—Any person who know- ‘‘(1) stay the proceeding for a period of time servicemember or a servicemember’s dependents ingly seizes, holds, or detains the personal ef- as justice and equity require; or for personal or business transportation if— fects, security deposit, or other property of a ‘‘(2) adjust the obligation to preserve the in- ‘‘(A) the lease is executed by or on behalf of servicemember or a servicemember’s dependent terests of all parties. a person who thereafter and during the term of who lawfully terminates a lease covered by this The provisions of this subsection do not affect the lease enters military service under a call or section, or who knowingly interferes with the the scope of section 303. order specifying a period of not less than 180 removal of such property from premises covered ‘‘(c) PENALTIES.— days (or who enters military service under a call by such lease, for the purpose of subjecting or ‘‘(1) MISDEMEANOR.—A person who knowingly or order specifying a period of 180 days or less attempting to subject any of such property to a takes an action contrary to this section, or at- and who, without a break in service, receives or- claim for rent accruing subsequent to the date of tempts to do so, shall be fined as provided in ders extending the period of military service to termination of such lease, or attempts to do so, title 18, United States Code, or imprisoned for a period of not less than 180 days); or shall be fined as provided in title 18, United not more than one year, or both. ‘‘(B) the servicemember, while in military serv- States Code, or imprisoned for not more than ‘‘(2) PRESERVATION OF OTHER REMEDIES.—The ice, executes the lease and thereafter receives one year, or both. remedy and rights provided under this section military orders for a permanent change of sta- ‘‘(2) PRESERVATION OF OTHER REMEDIES.—The are in addition to and do not preclude any rem- tion outside of the continental United States or remedy and rights provided under this section edy for wrongful conversion otherwise available to deploy with a military unit for a period of not are in addition to and do not preclude any rem- under law to the person claiming relief under less than 180 days. edy for wrongful conversion otherwise available this section, including any consequential or pu- ‘‘(c) MANNER OF TERMINATION.— under law to the person claiming relief under nitive damages. ‘‘(1) IN GENERAL.—Termination of a lease this section, including any award for con- ‘‘SEC. 308. EXTENSION OF PROTECTIONS TO DE- under subsection (a) is made— sequential or punitive damages. PENDENTS. ‘‘(A) by delivery by the lessee of written notice ‘‘SEC. 306. PROTECTION OF LIFE INSURANCE POL- ‘‘Upon application to a court, a dependent of of such termination, and a copy of the ICY. a servicemember is entitled to the protections of servicemember’s military orders, to the lessor (or ‘‘(a) ASSIGNMENT OF POLICY PROTECTED.—If a this title if the dependent’s ability to comply the lessor’s grantee), or to the lessor’s agent (or life insurance policy on the life of a with a lease, contract, bailment, or other obliga- the agent’s grantee); and servicemember is assigned before military service tion is materially affected by reason of the ‘‘(B) in the case of a lease of a motor vehicle, to secure the payment of an obligation, the as- servicemember’s military service. by return of the motor vehicle by the lessee to signee of the policy (except the insurer in con- ‘‘TITLE IV—LIFE INSURANCE the lessor (or the lessor’s grantee), or to the les- nection with a policy loan) may not exercise, sor’s agent (or the agent’s grantee), not later during a period of military service of the ‘‘SEC. 401. DEFINITIONS. than 15 days after the date of the delivery of servicemember or within one year thereafter, ‘‘For the purposes of this title: written notice under subparagraph (A). any right or option obtained under the assign- ‘‘(1) POLICY.—The term ‘policy’ means any in- ‘‘(2) DELIVERY OF NOTICE.—Delivery of notice ment without a court order. dividual contract for whole, endowment, uni- under paragraph (1)(A) may be accomplished— ‘‘(b) EXCEPTION.—The prohibition in sub- versal, or term life insurance (other than group ‘‘(A) by hand delivery; section (a) shall not apply— term life insurance coverage), including any ‘‘(B) by private business carrier; or ‘‘(1) if the assignee has the written consent of benefit in the nature of such insurance arising ‘‘(C) by placing the written notice in an enve- the insured made during the period described in out of membership in any fraternal or beneficial lope with sufficient postage and with return re- subsection (a); association which— ceipt requested, and addressed as designated by ‘‘(2) when the premiums on the policy are due ‘‘(A) provides that the insurer may not— the lessor (or the lessor’s grantee) or to the les- and unpaid; or ‘‘(i) decrease the amount of coverage or re- sor’s agent (or the agent’s grantee), and depos- ‘‘(3) upon the death of the insured. quire the payment of an additional amount as iting the written notice in the United States ‘‘(c) ORDER REFUSED BECAUSE OF MATERIAL premiums if the insured engages in military mails. AFFECT.—A court which receives an application service (except increases in premiums in indi- ‘‘(d) EFFECTIVE DATE OF LEASE TERMI- for an order required under subsection (a) may vidual term insurance based upon age); or NATION.— refuse to grant such order if the court deter- ‘‘(ii) limit or restrict coverage for any activity ‘‘(1) LEASE OF PREMISES.—In the case of a mines the ability of the servicemember to comply required by military service; and lease described in subsection (b)(1) that provides with the terms of the obligation is materially af- ‘‘(B) is in force not less than 180 days before for monthly payment of rent, termination of the fected by military service. the date of the insured’s entry into military

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00126 Fmt 0636 Sfmt 6333 E:\CR\FM\A08DE7.109 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12873 service and at the time of application under this benefit under a policy may not be paid to an in- peal to the Board of Veterans’ Appeals pursuant title. sured or used to purchase dividend additions to chapter 71 of title 38, United States Code, and ‘‘(2) PREMIUM.—The term ‘premium’ means without the approval of the Secretary of Vet- to judicial review only as provided in chapter 72 the amount specified in an insurance policy to erans Affairs. If such approval is not obtained, of such title. be paid to keep the policy in force. the dividends or benefits shall be added to the ‘‘TITLE V—TAXES AND PUBLIC LANDS ‘‘(3) INSURED.—The term ‘insured’ means a value of the policy to be used as a credit when servicemember whose life is insured under a pol- ‘‘SEC. 501. TAXES RESPECTING PERSONAL PROP- final settlement is made with the insurer. ERTY, MONEY, CREDITS, AND REAL icy. ‘‘(b) SPECIFIC RESTRICTIONS.—While a policy PROPERTY. ‘‘(4) INSURER.—The term ‘insurer’ includes is protected under this title, cash value, loan ‘‘(a) APPLICATION.—This section applies in any firm, corporation, partnership, association, value, withdrawal of dividend accumulation, any case in which a tax or assessment, whether or business that is chartered or authorized to unearned premiums, or other value of similar general or special (other than a tax on personal provide insurance and issue contracts or policies character may not be available to the insured income), falls due and remains unpaid before or by the laws of a State or the United States. without the approval of the Secretary. The right during a period of military service with respect ‘‘SEC. 402. INSURANCE RIGHTS AND PROTEC- of the insured to change a beneficiary designa- to a servicemember’s— TIONS. tion or select an optional settlement for a bene- ‘‘(1) personal property (including motor vehi- ‘‘(a) RIGHTS AND PROTECTIONS.—The rights ficiary shall not be affected by the provisions of cles); or and protections under this title apply to the in- this title. ‘‘(2) real property occupied for dwelling, pro- sured when— ‘‘SEC. 406. DEDUCTION OF UNPAID PREMIUMS. fessional, business, or agricultural purposes by ‘‘(1) the insured, ‘‘(a) SETTLEMENT OF PROCEEDS.—If a policy ‘‘(2) the insured’s legal representative, or a servicemember or the servicemember’s depend- matures as a result of a servicemember’s death ‘‘(3) the insured’s beneficiary in the case of an ents or employees— or otherwise during the period of protection of insured who is outside a State, ‘‘(A) before the servicemember’s entry into applies in writing for protection under this title, the policy under this title, the insurer in making military service; and unless the Secretary of Veterans Affairs deter- settlement shall deduct from the insurance pro- ‘‘(B) during the time the tax or assessment re- mines that the insured’s policy is not entitled to ceeds the amount of the unpaid premiums guar- mains unpaid. protection under this title. anteed under this title, together with interest ‘‘(b) SALE OF PROPERTY.— ‘‘(b) NOTIFICATION AND APPLICATION.—The due at the rate fixed in the policy for policy ‘‘(1) LIMITATION ON SALE OF PROPERTY TO EN- Secretary of Veterans Affairs shall notify the loans. FORCE TAX ASSESSMENT.—Property described in Secretary concerned of the procedures to be used ‘‘(b) INTEREST RATE.—If the interest rate is subsection (a) may not be sold to enforce the to apply for the protections provided under this not specifically fixed in the policy, the rate shall collection of such tax or assessment except by title. The applicant shall send the original ap- be the same as for policy loans in other policies court order and upon the determination by the plication to the insurer and a copy to the Sec- issued by the insurer at the time the insured’s court that military service does not materially retary of Veterans Affairs. policy was issued. affect the servicemember’s ability to pay the un- EPORTING EQUIREMENT ‘‘(c) LIMITATION ON AMOUNT.—The total ‘‘(c) R R .—The amount paid tax or assessment. amount of life insurance coverage protection deducted under this section, if any, shall be re- ‘‘(2) STAY OF COURT PROCEEDINGS.—A court provided by this title for a servicemember may ported by the insurer to the Secretary of Vet- may stay a proceeding to enforce the collection not exceed $250,000, or an amount equal to the erans Affairs. of such tax or assessment, or sale of such prop- Servicemember’s Group Life Insurance maximum ‘‘SEC. 407. PREMIUMS AND INTEREST GUARAN- erty, during a period of military service of the limit, whichever is greater, regardless of the TEED BY UNITED STATES. servicemember and for a period not more than number of policies submitted. ‘‘(a) GUARANTEE OF PREMIUMS AND INTEREST 180 days after the termination of, or release of BY THE UNITED STATES.— the servicemember from, military service. ‘‘SEC. 403. APPLICATION FOR INSURANCE PRO- TECTION. ‘‘(1) GUARANTEE.—Payment of premiums, and ‘‘(c) REDEMPTION.—When property described ‘‘(a) APPLICATION PROCEDURE.—An applica- interest on premiums at the rate specified in sec- in subsection (a) is sold or forfeited to enforce tion for protection under this title shall— tion 406, which become due on a policy under the collection of a tax or assessment, a ‘‘(1) be in writing and signed by the insured, the protection of this title is guaranteed by the servicemember shall have the right to redeem or the insured’s legal representative, or the in- United States. If the amount guaranteed is not commence an action to redeem the sured’s beneficiary, as the case may be; paid to the insurer before the period of insur- servicemember’s property during the period of ‘‘(2) identify the policy and the insurer; and ance protection under this title expires, the military service or within 180 days after termi- ‘‘(3) include an acknowledgement that the in- amount due shall be treated by the insurer as a nation of or release from military service. This sured’s rights under the policy are subject to policy loan on the policy. subsection may not be construed to shorten any and modified by the provisions of this title. ‘‘(2) POLICY TERMINATION.—If, at the expira- period provided by the law of a State (including ‘‘(b) ADDITIONAL REQUIREMENTS.—The Sec- tion of insurance protection under this title, the any political subdivision of a State) for redemp- retary of Veterans Affairs may require addi- cash surrender value of a policy is less than the tion. tional information from the applicant, the in- amount due to pay premiums and interest on ‘‘(d) INTEREST ON TAX OR ASSESSMENT.— sured and the insurer to determine if the policy premiums on the policy, the policy shall termi- Whenever a servicemember does not pay a tax or is entitled to protection under this title. nate. Upon such termination, the United States assessment on property described in subsection ‘‘(c) NOTICE TO THE SECRETARY BY THE IN- shall pay the insurer the difference between the (a) when due, the amount of the tax or assess- SURER.—Upon receipt of the application of the amount due and the cash surrender value. ment due and unpaid shall bear interest until insured, the insurer shall furnish a report con- ‘‘(b) RECOVERY FROM INSURED OF AMOUNTS paid at the rate of 6 percent per year. An addi- cerning the policy to the Secretary of Veterans PAID BY THE UNITED STATES.— tional penalty or interest shall not be incurred Affairs as required by regulations prescribed by ‘‘(1) DEBT PAYABLE TO THE UNITED STATES.— by reason of nonpayment. A lien for such un- the Secretary. The amount paid by the United States to an in- paid tax or assessment may include interest ‘‘(d) POLICY MODIFICATION.—Upon applica- surer under this title shall be a debt payable to under this subsection. tion for protection under this title, the insured the United States by the insured on whose pol- ‘‘(e) JOINT OWNERSHIP APPLICATION.—This and the insurer shall have constructively agreed icy payment was made. section applies to all forms of property described to any policy modification necessary to give this ‘‘(2) COLLECTION.—Such amount may be col- in subsection (a) owned individually by a title full force and effect. lected by the United States, either as an offset servicemember or jointly by a servicemember and ‘‘SEC. 404. POLICIES ENTITLED TO PROTECTION from any amount due the insured by the United a dependent or dependents. AND LAPSE OF POLICIES. States or as otherwise authorized by law. ‘‘SEC. 502. RIGHTS IN PUBLIC LANDS. ‘‘(a) DETERMINATION.—The Secretary of Vet- ‘‘(3) DEBT NOT DISCHARGEABLE IN BANK- ‘‘(a) RIGHTS NOT FORFEITED.—The rights of a erans Affairs shall determine whether a policy is RUPTCY.—Such debt payable to the United servicemember to lands owned or controlled by entitled to protection under this title and shall States is not dischargeable in bankruptcy pro- the United States, and initiated or acquired by notify the insured and the insurer of that deter- ceedings. the servicemember under the laws of the United mination. ‘‘(c) CREDITING OF AMOUNTS RECOVERED.— States (including the mining and mineral leas- ‘‘(b) LAPSE PROTECTION.—A policy that the Any amounts received by the United States as ing laws) before military service, shall not be Secretary determines is entitled to protection repayment of debts incurred by an insured forfeited or prejudiced as a result of being ab- under this title shall not lapse or otherwise ter- under this title shall be credited to the appro- sent from the land, or by failing to begin or com- minate or be forfeited for the nonpayment of a priation for the payment of claims under this plete any work or improvements to the land, premium, or interest or indebtedness on a pre- title. during the period of military service. mium, after the date on which the application ‘‘SEC. 408. REGULATIONS. ‘‘(b) TEMPORARY SUSPENSION OF PERMITS OR for protection is received by the Secretary. ‘‘The Secretary of Veterans Affairs shall pre- LICENSES.—If a permittee or licensee under the ‘‘(c) TIME APPLICATION.—The protection pro- scribe regulations for the implementation of this Act of June 28, 1934 (43 U.S.C. 315 et seq.), en- vided by this title applies during the insured’s title. ters military service, the permittee or licensee period of military service and for a period of two ‘‘SEC. 409. REVIEW OF FINDINGS OF FACT AND may suspend the permit or license for the period years thereafter. CONCLUSIONS OF LAW. of military service and for 180 days after termi- ‘‘SEC. 405. POLICY RESTRICTIONS. ‘‘The findings of fact and conclusions of law nation of or release from military service. ‘‘(a) DIVIDENDS.—While a policy is protected made by the Secretary of Veterans Affairs in ad- ‘‘(c) REGULATIONS.—Regulations prescribed by under this title, a dividend or other monetary ministering this title are subject to review on ap- the Secretary of the Interior shall provide for

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such suspension of permits and licenses and for after. The term of the permit or lease shall not ‘‘(b) ACCRUAL OF INTEREST OR PENALTY.—No the remission, reduction, or refund of grazing run during the period of suspension, nor shall interest or penalty shall accrue for the period of fees during the period of such suspension. any rental or royalties be charged against the deferment by reason of nonpayment on any ‘‘SEC. 503. DESERT-LAND ENTRIES. permit or lease during the period of suspension. amount of tax deferred under this section. ‘‘(a) DESERT-LAND RIGHTS NOT FORFEITED.— ‘‘(b) NOTIFICATION.—In order to obtain the ‘‘(c) STATUTE OF LIMITATIONS.—The running A desert-land entry made or held under the protection of this section, the permittee or lessee of a statute of limitations against the collection desert-land laws before the entrance of the shall, within 180 days after entry into military of tax deferred under this section, by seizure or entryman or the entryman’s successor in inter- service, notify the Secretary of the Interior by otherwise, shall be suspended for the period of est into military service shall not be subject to registered mail of the fact that military service military service of the servicemember and for an contest or cancellation— has begun and of the desire to hold the claim additional period of 270 days thereafter. ‘‘(1) for failure to expend any required under this section. ‘‘(d) APPLICATION LIMITATION.—This section amount per acre per year in improvements upon ‘‘(c) CONTRACT MODIFICATION.—This section shall not apply to the tax imposed on employees the claim; shall not be construed to supersede the terms of by section 3101 of the Internal Revenue Code of ‘‘(2) for failure to effect the reclamation of the any contract for operation of a permit or lease. 1986. claim during the period the entryman or the ‘‘SEC. 506. PERFECTION OR DEFENSE OF RIGHTS. ‘‘SEC. 511. RESIDENCE FOR TAX PURPOSES. entryman’s successor in interest is in the mili- ‘‘(a) RIGHT TO TAKE ACTION NOT AFFECTED.— ‘‘(a) RESIDENCE OR DOMICILE.—A tary service, or for 180 days after termination of This title shall not affect the right of a servicemember shall neither lose nor acquire a or release from military service; or servicemember to take action during a period of residence or domicile for purposes of taxation ‘‘(3) during any period of hospitalization or military service that is authorized by law or reg- with respect to the person, personal property, or rehabilitation due to an injury or disability in- ulations of the Department of the Interior, for income of the servicemember by reason of being curred in the line of duty. the perfection, defense, or further assertion of absent or present in any tax jurisdiction of the The time within which the entryman or claim- rights initiated or acquired before entering mili- United States solely in compliance with military ant is required to make such expenditures and tary service. orders. ‘‘(b) AFFIDAVITS AND PROOFS.— effect reclamation of the land shall be exclusive ‘‘(b) MILITARY SERVICE COMPENSATION.—Com- ‘‘(1) IN GENERAL.—A servicemember during a of the time periods described in paragraphs (2) pensation of a servicemember for military service period of military service may make any affi- and (3). shall not be deemed to be income for services davit or submit any proof required by law, prac- ‘‘(b) SERVICE-RELATED DISABILITY.—If an performed or from sources within a tax jurisdic- tice, or regulation of the Department of the In- entryman or claimant is honorably discharged tion of the United States if the servicemember is terior in connection with the entry, perfection, and is unable to accomplish reclamation of, and not a resident or domiciliary of the jurisdiction defense, or further assertion of rights initiated payment for, desert land due to a disability in- in which the servicemember is serving in compli- or acquired before entering military service be- curred in the line of duty, the entryman or ance with military orders. fore an officer authorized to provide notary claimant may make proof without further rec- ‘‘(c) PERSONAL PROPERTY.— services under section 1044a of title 10, United ‘‘(1) RELIEF FROM PERSONAL PROPERTY lamation or payments, under regulations pre- States Code, or any superior commissioned offi- TAXES.—The personal property of a scribed by the Secretary of the Interior, and re- cer. servicemember shall not be deemed to be located ceive a patent for the land entered or claimed. ‘‘(2) LEGAL STATUS OF AFFIDAVITS.—Such affi- or present in, or to have a situs for taxation in, ‘‘(c) FILING REQUIREMENT.—In order to obtain davits shall be binding in law and subject to the the tax jurisdiction in which the servicemember the protection of this section, the entryman or same penalties as prescribed by section 1001 of is serving in compliance with military orders. claimant shall, within 180 days after entry into title 18, United State Code. ‘‘(2) EXCEPTION FOR PROPERTY WITHIN MEM- military service, cause to be filed in the land of- ‘‘SEC. 507. DISTRIBUTION OF INFORMATION CON- BER’S DOMICILE OR RESIDENCE.—This subsection fice of the district where the claim is situated a CERNING BENEFITS OF TITLE. applies to personal property or its use within notice communicating the fact of military serv- ‘‘(a) DISTRIBUTION OF INFORMATION BY SEC- any tax jurisdiction other than the ice and the desire to hold the claim under this RETARY CONCERNED.—The Secretary concerned servicemember’s domicile or residence. section. shall issue to servicemembers information ex- ‘‘(3) EXCEPTION FOR PROPERTY USED IN TRADE ‘‘SEC. 504. MINING CLAIMS. plaining the provisions of this title. OR BUSINESS.—This section does not prevent tax- ‘‘(a) REQUIREMENTS SUSPENDED.—The provi- ‘‘(b) APPLICATION FORMS.—The Secretary con- ation by a tax jurisdiction with respect to per- sions of section 2324 of the Revised Statutes of cerned shall provide application forms to sonal property used in or arising from a trade or the United States (30 U.S.C. 28) specified in sub- servicemembers requesting relief under this title. business, if it has jurisdiction. section (b) shall not apply to a servicemember’s ‘‘(c) INFORMATION FROM SECRETARY OF THE ‘‘(4) RELATIONSHIP TO LAW OF STATE OF DOMI- claims or interests in claims, regularly located INTERIOR.—The Secretary of the Interior shall CILE.—Eligibility for relief from personal prop- and recorded, during a period of military service furnish to the Secretary concerned information erty taxes under this subsection is not contin- and 180 days thereafter, or during any period of explaining the provisions of this title (other gent on whether or not such taxes are paid to hospitalization or rehabilitation due to injuries than sections 501, 510, and 511) and related ap- the State of domicile. or disabilities incurred in the line of duty. plication forms. ‘‘(d) INCREASE OF TAX LIABILITY.—A tax ju- ‘‘(b) REQUIREMENTS.—The provisions in sec- ‘‘SEC. 508. LAND RIGHTS OF SERVICEMEMBERS. risdiction may not use the military compensa- tion 2324 of the Revised Statutes that shall not ‘‘(a) NO AGE LIMITATIONS.—Any tion of a nonresident servicemember to increase apply under subsection (a) are those which re- servicemember under the age of 21 in military the tax liability imposed on other income earned quire that on each mining claim located after service shall be entitled to the same rights under by the nonresident servicemember or spouse sub- May 10, 1872, and until a patent has been issued the laws relating to lands owned or controlled ject to tax by the jurisdiction. for such claim, not less than $100 worth of labor by the United States, including mining and min- ‘‘(e) FEDERAL INDIAN RESERVATIONS.—An In- shall be performed or improvements made during eral leasing laws, as those servicemembers who dian servicemember whose legal residence or each year. are 21 years of age. domicile is a Federal Indian reservation shall be ‘‘(c) PERIOD OF PROTECTION FROM FOR- ‘‘(b) RESIDENCY REQUIREMENT.—Any require- taxed by the laws applicable to Federal Indian FEITURE.—A mining claim or an interest in a ment related to the establishment of a residence reservations and not the State where the res- claim owned by a servicemember that has been within a limited time shall be suspended as to ervation is located. regularly located and recorded shall not be sub- entry by a servicemember in military service ‘‘(f) DEFINITIONS.—For purposes of this sec- ject to forfeiture for nonperformance of annual until 180 days after termination of or release tion: assessments during the period of military service from military service. ‘‘(1) PERSONAL PROPERTY.—The term ‘personal and for 180 days thereafter, or for any period of ‘‘(c) ENTRY APPLICATIONS.—Applications for property’ means intangible and tangible prop- hospitalization or rehabilitation described in entry may be verified before a person authorized erty (including motor vehicles). subsection (a). to administer oaths under section 1044a of title ‘‘(2) TAXATION.—The term ‘taxation’ includes ‘‘(d) FILING REQUIREMENT.—In order to obtain 10, United States Code, or under the laws of the licenses, fees, or excises imposed with respect to the protections of this section, the claimant of a State where the land is situated. motor vehicles and their use, if the license, fee, mining location shall, before the end of the as- ‘‘SEC. 509. REGULATIONS. or excise is paid by the servicemember in the sessment year in which military service is begun ‘‘The Secretary of the Interior may issue regu- servicemember’s State of domicile or residence. or within 60 days after the end of such assess- lations necessary to carry out this title (other ‘‘(3) TAX JURISDICTION.—The term ‘tax juris- ment year, cause to be filed in the office where than sections 501, 510, and 511). diction’ means a State or a political subdivision of a State. the location notice or certificate is recorded a ‘‘SEC. 510. INCOME TAXES. notice communicating the fact of military serv- ‘‘(a) DEFERRAL OF TAX.—Upon notice to the ‘‘TITLE VI—ADMINISTRATIVE REMEDIES ice and the desire to hold the mining claim Internal Revenue Service or the tax authority of ‘‘SEC. 601. INAPPROPRIATE USE OF ACT. under this section. a State or a political subdivision of a State, the ‘‘If a court determines, in any proceeding to ‘‘SEC. 505. MINERAL PERMITS AND LEASES. collection of income tax on the income of a enforce a civil right, that any interest, property, ‘‘(a) SUSPENSION DURING MILITARY SERVICE.— servicemember falling due before or during mili- or contract has been transferred or acquired A person holding a permit or lease on the public tary service shall be deferred for a period not with the intent to delay the just enforcement of domain under the Federal mineral leasing laws more than 180 days after termination of or re- such right by taking advantage of this Act, the who enters military service may suspend all op- lease from military service, if a servicemember’s court shall enter such judgment or make such erations under the permit or lease for the dura- ability to pay such income tax is materially af- order as might lawfully be entered or made con- tion of military service and for 180 days there- fected by military service. cerning such transfer or acquisition.

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00128 Fmt 0636 Sfmt 6333 E:\CR\FM\A08DE7.110 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12875 ‘‘SEC. 602. CERTIFICATES OF SERVICE; PERSONS paid at the date of termination or release from claims filed with respect to the servicemember REPORTED MISSING. the applicant’s military service or from the date during the period of the servicemember’s active ‘‘(a) PRIMA FACIE EVIDENCE.—In any pro- of application in equal installments during the duty unless the premiums are paid for such cov- ceeding under this Act, a certificate signed by combined period at the rate of interest on the erage for such period. the Secretary concerned is prima facie evidence unpaid balance prescribed in the contract or ‘‘(b) SUSPENSION OF COVERAGE.— as to any of the following facts stated in the other instrument evidencing the obligation, and ‘‘(1) SUSPENSION.—Coverage of a certificate: subject to other terms as may be equitable. servicemember referred to in subsection (a) by a ‘‘(1) That a person named is, is not, has been, ‘‘(2) STAY OF ENFORCEMENT OF OTHER CON- professional liability insurance policy shall be or has not been in military service. TRACTS.— suspended by the insurance carrier in accord- ‘‘(2) The time and the place the person entered ‘‘(A) In the case of any other obligation, li- ance with this subsection upon receipt of a writ- military service. ability, tax, or assessment, the court may grant ten request from the servicemember by the insur- ‘‘(3) The person’s residence at the time the a stay of enforcement— ance carrier. person entered military service. ‘‘(i) during the servicemember’s military serv- ‘‘(2) PREMIUMS FOR SUSPENDED CONTRACTS.— ‘‘(4) The rank, branch, and unit of military ice; and A professional liability insurance carrier— service of the person upon entry. ‘‘(ii) from the date of termination of or release ‘‘(A) may not require that premiums be paid ‘‘(5) The inclusive dates of the person’s mili- from military service, or from the date of appli- by or on behalf of a servicemember for any pro- tary service. cation if made after termination or release from fessional liability insurance coverage suspended ‘‘(6) The monthly pay received by the person military service. pursuant to paragraph (1); and at the date of the certificate’s issuance. ‘‘(B) Any stay under this paragraph shall ‘‘(B) shall refund any amount paid for cov- ‘‘(7) The time and place of the person’s termi- be— erage for the period of such suspension or, upon nation of or release from military service, or the ‘‘(i) for a period of time equal to the period of the election of such servicemember, apply such person’s death during military service. the servicemember’s military service or any part amount for the payment of any premium becom- ing due upon the reinstatement of such cov- ‘‘(b) CERTIFICATES.—The Secretary concerned of such period; and shall furnish a certificate under subsection (a) ‘‘(ii) subject to payment of the balance of erage. ‘‘(3) NONLIABILITY OF CARRIER DURING SUS- upon receipt of an application for such a certifi- principal and accumulated interest due and un- PENSION.—A professional liability insurance car- cate. A certificate appearing to be signed by the paid at the date of termination or release from rier shall not be liable with respect to any claim Secretary concerned is prima facie evidence of military service, or the date of application, in that is based on professional conduct (including its contents and of the signer’s authority to equal periodic installments during this extended any failure to take any action in a professional issue it. period at the rate of interest as may be pre- capacity) of a servicemember that occurs during ‘‘(c) TREATMENT OF SERVICEMEMBERS IN MISS- scribed for this obligation, liability, tax, or as- a period of suspension of that servicemember’s ING STATUS.—A servicemember who has been re- sessment, if paid when due, and subject to other professional liability insurance under this sub- ported missing is presumed to continue in serv- terms as may be equitable. section. FFECT OF TAY ON INE OR ENALTY ice until accounted for. A requirement under ‘‘(c) A S F P .— ‘‘(4) CERTAIN CLAIMS CONSIDERED TO ARISE BE- this Act that begins or ends with the death of a When a court grants a stay under this section, FORE SUSPENSION.—For the purposes of para- servicemember does not begin or end until the a fine or penalty shall not accrue on the obliga- graph (3), a claim based upon the failure of a servicemember’s death is reported to, or deter- tion, liability, tax, or assessment for the period professional to make adequate provision for a mined by, the Secretary concerned or by a court of compliance with the terms and conditions of patient, client, or other person to receive profes- of competent jurisdiction. the stay. sional services or other assistance during the pe- ‘‘SEC. 603. INTERLOCUTORY ORDERS. ‘‘SEC. 702. POWER OF ATTORNEY. riod of the professional’s active duty service ‘‘An interlocutory order issued by a court ‘‘(a) AUTOMATIC EXTENSION.—A power of at- shall be considered to be based on an action or under this Act may be revoked, modified, or ex- torney of a servicemember shall be automatically failure to take action before the beginning of the tended by that court upon its own motion or extended for the period the servicemember is in period of the suspension of professional liability otherwise, upon notification to affected parties a missing status (as defined in section 551(2) of insurance under this subsection, except in a as required by the court. title 37, United States Code) if the power of at- case in which professional services were pro- ‘‘TITLE VII—FURTHER RELIEF torney— vided after the date of the beginning of such pe- ‘‘(1) was duly executed by the servicemember— ‘‘SEC. 701. ANTICIPATORY RELIEF. riod. ‘‘(A) while in military service; or ‘‘(c) REINSTATEMENT OF COVERAGE.— PPLICATION FOR ELIEF ‘‘(a) A R .—A ‘‘(B) before entry into military service but ‘‘(1) REINSTATEMENT REQUIRED.—Professional servicemember may, during military service or after the servicemember— liability insurance coverage suspended in the within 180 days of termination of or release from ‘‘(i) received a call or order to report for mili- case of any servicemember pursuant to sub- military service, apply to a court for relief— tary service; or section (b) shall be reinstated by the insurance ‘‘(1) from any obligation or liability incurred ‘‘(ii) was notified by an official of the Depart- carrier on the date on which that servicemember by the servicemember before the servicemember’s ment of Defense that the person could receive a transmits to the insurance carrier a written re- military service; or call or order to report for military service; quest for reinstatement. ‘‘(2) from a tax or assessment falling due be- ‘‘(2) designates the servicemember’s spouse, ‘‘(2) TIME AND PREMIUM FOR REINSTATE- fore or during the servicemember’s military serv- parent, or other named relative as the MENT.—The request of a servicemember for rein- ice. servicemember’s attorney in fact for certain, statement shall be effective only if the ‘‘(b) TAX LIABILITY OR ASSESSMENT.—In a specified, or all purposes; and servicemember transmits the request to the in- case covered by subsection (a), the court may, if ‘‘(3) expires by its terms after the surance carrier within 30 days after the date on the ability of the servicemember to comply with servicemember entered a missing status. which the servicemember is released from active the terms of such obligation or liability or pay ‘‘(b) LIMITATION ON POWER OF ATTORNEY EX- duty. The insurance carrier shall notify the such tax or assessment has been materially af- TENSION.—A power of attorney executed by a servicemember of the due date for payment of fected by reason of military service, after appro- servicemember may not be extended under sub- the premium of such insurance. Such premium priate notice and hearing, grant the following section (a) if the document by its terms clearly shall be paid by the servicemember within 30 relief: indicates that the power granted expires on the days after receipt of that notice. ‘‘(1) STAY OF ENFORCEMENT OF REAL ESTATE date specified even though the servicemember, ‘‘(3) PERIOD OF REINSTATED COVERAGE.—The CONTRACTS.— after the date of execution of the document, en- period for which professional liability insurance ‘‘(A) In the case of an obligation payable in ters a missing status. coverage shall be reinstated for a servicemember installments under a contract for the purchase ‘‘SEC. 703. PROFESSIONAL LIABILITY PROTEC- under this subsection may not be less than the of real estate, or secured by a mortgage or other TION. balance of the period for which coverage would instrument in the nature of a mortgage upon ‘‘(a) APPLICABILITY.—This section applies to a have continued under the insurance policy if real estate, the court may grant a stay of the servicemember who— the coverage had not been suspended. enforcement of the obligation— ‘‘(1) after July 31, 1990, is ordered to active ‘‘(d) INCREASE IN PREMIUM.— ‘‘(i) during the servicemember’s period of mili- duty (other than for training) pursuant to sec- ‘‘(1) LIMITATION ON PREMIUM INCREASES.—An tary service; and tions 688, 12301(a), 12301(g), 12302, 12304, 12306, insurance carrier may not increase the amount ‘‘(ii) from the date of termination of or release or 12307 of title 10, United States Code, or who of the premium charged for professional liability from military service, or from the date of appli- is ordered to active duty under section 12301(d) insurance coverage of any servicemember for the cation if made after termination of or release of such title during a period when members are minimum period of the reinstatement of such from military service. on active duty pursuant to any of the preceding coverage required under subsection (c)(3) to an ‘‘(B) Any stay under this paragraph shall sections; and amount greater than the amount chargeable for be— ‘‘(2) immediately before receiving the order to such coverage for such period before the suspen- ‘‘(i) for a period equal to the remaining life of active duty— sion. the installment contract or other instrument, ‘‘(A) was engaged in the furnishing of health- ‘‘(2) EXCEPTION.—Paragraph (1) does not pre- plus a period of time equal to the period of mili- care or legal services or other services deter- vent an increase in premium to the extent of any tary service of the servicemember, or any part of mined by the Secretary of Defense to be profes- general increase in the premiums charged by such combined period; and sional services; and that carrier for the same professional liability ‘‘(ii) subject to payment of the balance of the ‘‘(B) had in effect a professional liability in- coverage for persons similarly covered by such principal and accumulated interest due and un- surance policy that does not continue to cover insurance during the period of the suspension.

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‘‘(e) CONTINUATION OF COVERAGE OF UNAF- ‘‘(b) NO EXCLUSION OR WAITING PERIOD.—The amended by striking ‘‘Soldiers’ and Sailors’ FECTED PERSONS.—This section does not— reinstatement of health care insurance coverage Civil Relief Act of 1940’’ and inserting ‘‘(1) require a suspension of professional li- for the health or physical condition of a ‘‘Servicemembers Civil Relief Act’’. ability insurance protection for any person who servicemember described in subsection (a), or (d) INTERNAL REVENUE CODE.—Section is not a person referred to in subsection (a) and any other person who is covered by the insur- 7654(d)(1) of the Internal Revenue Code of 1986 who is covered by the same professional liability ance by reason of the coverage of the is amended by striking ‘‘Soldiers’ and Sailors’ insurance as a person referred to in such sub- servicemember, shall not be subject to an exclu- Civil Relief Act’’ and inserting ‘‘Servicemembers section; or sion or a waiting period, if— Civil Relief Act’’. ‘‘(2) relieve any person of the obligation to ‘‘(1) the condition arose before or during the (e) PUBLIC HEALTH SERVICE ACT.—Section pay premiums for the coverage not required to period of such service; 212(e) of the Public Health Service Act (42 be suspended. ‘‘(2) an exclusion or a waiting period would U.S.C. 213(e)) is amended by striking ‘‘Soldiers’ ‘‘(f) STAY OF CIVIL OR ADMINISTRATIVE AC- not have been imposed for the condition during and Sailors’ Civil Relief Act of 1940’’ and insert- TIONS.— the period of coverage; and ing ‘‘Servicemembers Civil Relief Act’’. ‘‘(1) STAY OF ACTIONS.—A civil or administra- ‘‘(3) if the condition relates to the (f) ELEMENTARY AND SECONDARY EDUCATION tive action for damages on the basis of the al- servicemember, the condition has not been deter- ACT OF 1965.—Section 8001 of the Elementary leged professional negligence or other profes- mined by the Secretary of Veterans Affairs to be and Secondary Education Act of 1965 (20 U.S.C. sional liability of a servicemember whose profes- a disability incurred or aggravated in the line of 7701) is amended by striking ‘‘section 514 of the sional liability insurance coverage has been sus- duty (within the meaning of section 105 of title Soldiers’ and Sailors’ Civil Relief Act of 1940 (50 pended under subsection (b) shall be stayed 38, United States Code). U.S.C. App. 574)’’ in the matter preceding para- until the end of the period of the suspension if— ‘‘(c) EXCEPTIONS.—Subsection (a) does not graph (1) and inserting ‘‘section 511 of the ‘‘(A) the action was commenced during the pe- apply to a servicemember entitled to participate Servicemembers Civil Relief Act’’. riod of the suspension; in employer-offered insurance benefits pursuant (g) NOAA COMMISSIONED OFFICER CORPS ACT ‘‘(B) the action is based on an act or omission to the provisions of chapter 43 of title 38, United OF 2002.—Section 262(a)(2) of National Oceanic that occurred before the date on which the sus- States Code. and Atmospheric Administration Commissioned pension became effective; and ‘‘(d) TIME FOR APPLYING FOR REINSTATE- Officer Corps Act of 2002 (33 U.S.C. 3072(a)(2)) is ‘‘(C) the suspended professional liability in- MENT.—An application under this section must amended to read as follows: ‘‘(2) The Servicemembers Civil Relief Act.’’. surance would, except for the suspension, on its be filed not later than 120 days after the date of face cover the alleged professional negligence or the termination of or release from military serv- SEC. 3. EFFECTIVE DATE. The amendment made by section 1 shall apply other professional liability negligence or other ice. to any case that is not final before the date of professional liability of the servicemember. ‘‘SEC. 705. GUARANTEE OF RESIDENCY FOR MILI- the enactment of this Act. ‘‘(2) DATE OF COMMENCEMENT OF ACTION.— TARY PERSONNEL. Whenever a civil or administrative action for ‘‘For the purposes of voting for any Federal Mr. SMITH of New Jersey (during the damages is stayed under paragraph (1) in the office (as defined in section 301 of the Federal reading). Mr. Speaker, I ask unanimous case of any servicemember, the action shall have Election Campaign Act of 1971 (2 U.S.C. 431)) or consent that the Senate amendment be been deemed to have been filed on the date on a State or local office, a person who is absent considered as read and printed in the which the professional liability insurance cov- from a State in compliance with military or RECORD. erage of the servicemember is reinstated under naval orders shall not, solely by reason of that The SPEAKER pro tempore (Mr. subsection (c). absence— NEY). Is there objection to the request ‘‘(g) EFFECT OF SUSPENSION UPON LIMITA- ‘‘(1) be deemed to have lost a residence or of the gentleman from New Jersey? TIONS PERIOD.—In the case of a civil or adminis- domicile in that State, without regard to wheth- trative action for which a stay could have been er or not the person intends to return to that There was no objection. granted under subsection (f) by reason of the State; The SPEAKER pro tempore. Is there suspension of professional liability insurance ‘‘(2) be deemed to have acquired a residence or objection to the original request of the coverage of the defendant under this section, domicile in any other State; or gentleman from New Jersey? the period of the suspension of the coverage ‘‘(3) be deemed to have become a resident in or Mr. MICHAUD. Reserving the right shall be excluded from the computation of any a resident of any other State. to object, Mr. Speaker, I will not ob- statutory period of limitation on the commence- ‘‘SEC. 706. BUSINESS OR TRADE OBLIGATIONS. ject. ment of such action. ‘‘(a) AVAILABILITY OF NON-BUSINESS ASSETS Mr. Speaker, I rise in strong support ‘‘(h) DEATH DURING PERIOD OF SUSPENSION.— TO SATISFY OBLIGATIONS.—If the trade or busi- of H.R. 100, the Servicemen Civil Relief If a servicemember whose professional liability ness (without regard to the form in which such Act. I would like to thank the gen- insurance coverage is suspended under sub- trade or business is carried out) of a tleman from New Jersey (Mr. SMITH) section (b) dies during the period of the suspen- servicemember has an obligation or liability for sion— which the servicemember is personally liable, the and the ranking member, the gen- ‘‘(1) the requirement for the grant or continu- assets of the servicemember not held in connec- tleman from Illinois (Mr. EVANS) and ance of a stay in any civil or administrative ac- tion with the trade or business may not be avail- their staff for their work with the tion against such servicemember under sub- able for satisfaction of the obligation or liability other body to finalize this legislation. section (f)(1) shall terminate on the date of the during the servicemember’s military service. H.R. 100 restates, modernizes and im- death of such servicemember; and ‘‘(b) RELIEF TO OBLIGORS.—Upon application proves the Soldiers’ and Sailors’ Civil ‘‘(2) the carrier of the professional liability in- to a court by the holder of an obligation or li- Relief Act, recognizing the importance surance so suspended shall be liable for any ability covered by this section, relief granted by of women in military service. The title claim for damages for professional negligence or this section to a servicemember may be modified is changed to Servicemembers’ Civil other professional liability of the deceased as justice and equity require.’’. servicemember in the same manner and to the Relief Act. SEC. 2. CONFORMING AMENDMENTS. With our Nation at war in Iraq and same extent as such carrier would be liable if (a) MILITARY SELECTIVE SERVICE ACT.—Sec- the servicemember had died while covered by tion 14 of the Military Selective Service Act (50 Afghanistan, our Nation’s service- such insurance but before the claim was filed. U.S.C. App. 464) is repealed. members are in need of an updated law. ‘‘(i) DEFINITIONS.—For purposes of this sec- (b) TITLE 5, UNITED STATES CODE.— This bill will allow for strengthening tion: (1) Section 5520a(k)(2)(A) of title 5, United and expediting the national defense ‘‘(1) ACTIVE DUTY.—The term ‘active duty’ has States Code, is amended by striking ‘‘Soldiers’ and otherwise exercising the military the meaning given that term in section 101(d)(1) and Sailors’ Civil Relief Act of 1940’’ and insert- obligations without undue concern as of title 10, United States Code. ing ‘‘Servicemembers Civil Relief Act’’; and ‘‘(2) PROFESSION.—The term ‘profession’ in- to the impact of their military service (2) Section 5569(e) of title 5, United States on their civil obligations. cludes occupation. Code, is amended— ‘‘(3) PROFESSIONAL.—The term ‘professional’ (A) in paragraph (1), by striking ‘‘provided by I am pleased this legislation includes includes occupational. the Soldiers’ and Sailors’ Civil Relief Act of recognition of the Federal protection ‘‘SEC. 704. HEALTH INSURANCE REINSTATEMENT. 1940’’ and all that follows through ‘‘of such recently extended to members of the ‘‘(a) REINSTATEMENT OF HEALTH INSURANCE.— Act’’ and inserting ‘‘provided by the National Guard called up for a national A servicemember who, by reason of military Servicemembers Civil Relief Act, including the purpose under Title 32 of the United service as defined in section 703(a)(1), is entitled benefits provided by section 702 of such Act but States Code. to the rights and protections of this Act shall excluding the benefits provided by sections 104, When our men and women are pro- also be entitled upon termination or release from 105, and 106, title IV, and title V (other than tecting and serving the Nation, they such service to reinstatement of any health in- sections 501 and 510) of such Act’’; and should be entitled to the protection of surance that— (B) in paragraph (2)(A), by striking ‘‘person ‘‘(1) was in effect on the day before such serv- in the military service’’ and inserting the Nation’s laws. H.R. 100 provides ice commenced; and ‘‘servicemember’’. other legal and administrative protec- ‘‘(2) was terminated effective on a date during (c) TITLE 10, UNITED STATES CODE.—Section tion for our men and women in uni- the period of such service. 1408(b)(1)(D) of title 10, United States Code, is form. It would increase rental eviction

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00130 Fmt 0636 Sfmt 0634 E:\CR\FM\A08DE7.110 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12877 protection from $1,200 to $2,400 which of leases like this. They are, like I said, been a bipartisan and bicameral effort. I also will help those serving in high-rent a way of life today. want to acknowledge the considerable con- areas of the country. Section 207 of the bill would clarify tributions of the Department of Defense, espe- It would also allow for termination of that for the 6 percent interest cap cially the Air Force, the American Bar Associa- real property leases in certain situa- being continued from current law, any tion, and the National Institute of Military Jus- tions providing professional liability interest above the cap is forgiven and tice in assisting the Committee with the prepa- protections, health insurance, and the servicemember’s monthly payment ration of this bill. guaranteed residencies for military must be reduced. I note that the bill maintains the prohibition purposes. I want to clarify that the committee of interest in excess of 6 percent on debts in- Mr. Speaker, I know that intends for the provisions language of curred before military service. This provision is servicemembers from my State of the interest rate reduction, to permit intended to assure that our servicemembers Maine will appreciate the benefits pro- lenders to follow Fannie Mae and have smaller periodic payments on debts ac- vided by this bill. I fully support H.R. Freddie Mac’s current implementation quired prior to military service during the time 100 and urge my colleagues to pass this guidance, allowing lenders to reamor- when they are serving on active duty. I expect measure. tize the loan using a 6 percent interest that this provision will be applied in a manner Mr. SMITH of New Jersey. Mr. rate or to apply the 6 percent interest consistent with generally accepted mortgage Speaker, will the gentleman yield? rate using the original amortization practices, so that the monthly payment on the Mr. MICHAUD. I yield to the gen- schedule. adjusted mortgage will be consistent from tleman from New Jersey. Mr. Speaker, I want to very strongly month to month. I am aware that there are Mr. SMITH of New Jersey. Mr. commend the Office of Legislative concerns that the language could be inter- Speaker, I want to thank my good Counsel of both the House and the Sen- preted in a manner which would result in dif- friend and colleague from Maine for his ate, the committee counsel and the ferent monthly mortgage obligations from explanation and for his good work on representatives of the Judge Advocates month to month. It is my understanding that this legislation, as well as our good General of the military departments the committees do not intend to alter common friend and colleague, the gentleman who participated in the drafting of this industry practice of setting a monthly mort- from Illinois (Mr. EVANS), the ranking historic legislation to update the act. gage payment which does not change form member on the full committee. From my own staff, I want to thank month to month. Mr. Speaker, when the House consid- Kingston Smith, who is sitting to my I am particularly pleased that the bill takes ered this legislation last May 7, we right, Summer Larson, Geoffrey into account the high cost of rent in areas passed it unanimously. We sent it over Collver, Mary Ellen McCarthy and Pat- such as San Diego and Honolulu, where mili- to the Senate. And we are glad we rick Ryan who spent many long hours tary families may occupy off-base rental hous- bring before the body a bill today with reviewing and analyzing this legisla- ing. The bill also provides for an annual ad- a Senate amendment that makes some tion. justment in these rental amounts according to very important statements, restate- From the Senate staff, the late Dave changes in the Consumer Price Index (CPI) ments as well as some new law with re- Goetz, Chris McNamee, Mary Schoelen, for residential rental housing. By providing for gard to the Soldiers’ and Sailors’ Relief and Bill Tuerk who performed a very automatic increases linked to changes in the Act which was first passed back in 1940. similar task. Bob Cover from the Office housing CPI, servicemembers and their fami- This legislation, as my friend just of Legislative Counsel spent many lies will continue to receive adequate protec- pointed out, is really an historic re- years, not months, years, working on tion as housing costs increase. statement. It strengthens a law that is this legislation. The actual preparation The amended bill would permit critically important to all of our re- of the bill was truly a collaborative bi- servicemembers to terminate leases of motor serve components as well as our active- partisan effort that would not have vehicles when they are deployed outside the duty members of our Armed Services. been accomplished without the tech- continental United States. In today’s society, The amendment to H.R. 100 would nical and practical expertise of these leasing of motor vehicles is common. When a person enters active military service or re- raise the level of eviction protections outstanding individuals. to reflect the increase in the cost of I want to thank majority leader, the ceives permanent change of station orders after entering into a long-term lease of a motor rental housing in high-cost urban gentleman from Texas (Mr. DELAY) and areas. The current act only applies to Brett Loper for ensuring that this vital vehicle, the servicemember can suffer signifi- cant financial harm if he or she is unable to leases of less than $1,200 a month. The legislation made it to the floor today. take the motor vehicle to the new station. House-Senate compromise would in- Again, we passed this last May. We had This provision will allow a servicemember crease the amount to $2,400; and the hope to have this out sometime in stationed at Pearl Harbor, for example, to ter- amount would be increased every year June. We are finally getting to it at minate a motor vehicle lease and avoid addi- as necessary in accordance with the the end of the session, not because of a tional financial liability for a motor vehicle Consumer Price Index housing compo- delay in the House, but, thankfully, which will not be needed during a deployment nent so that the protection stays cur- the Senate did act, and now we have a to the Persian Gulf. It will allow an Illinois re- rent. good bill before us. servist called up for active duty in Alaska to It also requires the Department of I want to thank the gentleman from terminate an automobile lease. In order for Defense to annually publish the South Carolina (Mr. BROWN) who is our this provision to be effective, the amount of rental coverage in their Fed- subcommittee chairman, the ranking servicemember must be ordered deployed for eral Register within 60 days of the member, the gentleman from Maine not less than 180 days. CPI’s publication to provide public no- (Mr. MICHAUD) who spoke earlier, and, I recognize that it was not possible to in- tice of the level of probation. of course, my friend and colleague, the clude every suggestion that was offered in the The compromise also provides spe- gentleman from Illinois (Mr. EVANS) course of this bill’s consideration. I trust that cific protections for assets of a for his work. the Committee will continue its good work in servicemember from attachment to It is a good bill. I hope Members will this area and address additional bills con- satisfy business debts for which the support it. cerning the Servicemembers Civil Relief Act in servicemember is personally liable, as Mr. EVANS. Mr. Speaker, I rise in support the next session of this Congress. long as the assets are not held in con- of H.R. 100, as amended, a bill to modernize, Today, our service men and women are nection with the business. restate and improve upon the Soldiers’ and fighting in Iraq, Afghanistan and around the The compromise also includes provi- Sailors’ Civil Relief Act, which provides protec- world. This bill will help them to fulfill their re- sions to allow servicemembers who are tions from civil liability to persons serving in sponsibilities, secure in the knowledge that being called to active duty and by cer- the Armed Forces. To be known as the their rights will be protected by an up to date tain active-duty servicemembers to Servicemembers Civil Relief Act, this meas- civil protection act. terminate motor vehicle leases which ures recognizes the increasing presence of H.R. 100, as amended, is a good bill, and are increasingly commonplace and in women in military service. I urge all Members to show their support for use without an early termination pen- I thank Members and staff on both sides of our troops by voting for it. alty. When this was first passed in the aisle who have worked diligently with the Mr. BUYER. Mr. Speaker, today I rise in 1940s, obviously, nobody had even heard other body in finalizing this bill. It has truly support of H.R. 100, the Servicemembers Civil

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00131 Fmt 0636 Sfmt 9920 E:\CR\FM\K08DE7.118 H08PT1 H12878 CONGRESSIONAL RECORD — HOUSE December 8, 2003 Relief Act. The purpose of this legislation is to are not familiar with Barber except by geant of Arms Office as a trusted mem- update the 1940 Act to strengthen the protec- his reputation. ber of the Chamber security staff. tions it provides to those serving in the mili- Let me just stress that Barber Con- During this time, Ed has proven him- tary. H.R. 100 also updates the language in able was the quintessential public serv- self a trusted source of knowledge by the Act so that it is easier to understand. ant. In Congress he was an expert on monitoring floor activity and advising Earlier this year, I introduced H.R. 3024, all matters of taxation. He led the Re- Members on upcoming votes. Ed was which amends the Soldiers’ and Sailors’ Civil publican Party on the Committee on the man we turned to when we were Relief Act of 1940, to provide protections to Ways and Means, rising to be the rank- planning our day or asking questions servicemembers who terminate motor vehicle ing member. He was identified with about the procedures of the day. or residential leases entered into before per- particular issues such as reductions in Mr. Speaker, Ed’s dedication, work manent change or station or deployment or- capital gains, also for the development ethic, and devotion to this institution ders for motor vehicle leases. I am pleased of revenue sharing. is worthy of the highest commenda- that H.R. 3024 was included in the com- Prior to serving in the Congress, he tion. I respectfully ask that you and promise worked out by the House and Senate was in the United States Military, hav- my other distinguished colleagues join in its revision of the 1940 Soldiers’ and Sailors ing served in both World War II and the me in congratulating Ed Pence on his Civil Relief Act. I believe it is an important and Korean conflict, and he rose to the well-deserved retirement, thanking necessary addition to the current law. rank of Colonel. After leaving the Con- him for his service, and wishing him The men and women of the National Guard gress of the United States, where he, continued success in all of his future and Reserves continue to answer the call. We by the way, had been a close friend of endeavors. must not short change them in any way when the former President of the United f they are called to serve. They should be al- States, George Bush, he was appointed lowed to terminate their automobile leases to head the World Bank. He came to be ANNUAL REPORT OF THE UNITED without penalty. known as a leader of the bank as inter- STATES RAILROAD RETIREMENT Again, I thank the Members in both the ested for the world environment as well BOARD—MESSAGE FROM THE House and Senate for including this provision as for world economic growth. PRESIDENT OF THE UNITED in the final package. I also want to thank the All of us in life have been privileged STATES Auto Alliance for its input and cooperation in to have mentors. I would just simply The SPEAKER pro tempore laid be- helping to craft this bill. As a current member say in this body this Member never fore the House the following message of the U.S. Army Reserves and Co-Chair of considered anyone more a model legis- from the President of the United the Guard and Reserve Caucus, I urge my lator and mentor than Barber Conable. States; which was read and, together colleagues to vote in favor of H.R. 100. He was simply the most decent, the with the accompanying papers, without Mr. MICHAUD. Mr. Speaker, I with- most thoughtful, the most intelligent, objection, referred to the Committee draw my reservation of objection. and the least political individual I have on Transportation and Infrastructure The SPEAKER pro tempore. Is there served with. and the Committee on Ways and objection to the request of the gen- To his wife, Charlotte, and family, I Means: tleman from New Jersey? know I speak for many Members who To the Congress of the United States: There was no objection. are friends and staff on this Hill in ex- I transmit herewith the Annual Re- A motion to reconsider was laid on tending our shared grief and best wish- port of the Railroad Retirement Board the table. es. presented for forwarding to you for the f f fiscal year ending September 30, 2002, GENERAL LEAVE REMOVAL OF NAME OF MEMBER consistent with the provisions of sec- tion 7(b)(6) of the Railroad Retirement Mr. MICHAUD. Mr. Speaker, I ask AS COSPONSOR OF H.R. 3151 and Act and section 12(1) of the Railroad unanimous consent that all Members H.R. 3583 Unemployment Insurance Act. may have 5 legislative days within Ms. NORTON. Mr. Speaker, I ask GEORGE W. BUSH. unanimous consent to have my name which to revise and extend their re- THE WHITE HOUSE, December 8, 2003. marks on H.R. 100. removed as a cosponsor of H.R. 3151 and The SPEAKER pro tempore. Is there H.R. 3583. f objection to the request of the gen- The SPEAKER pro tempore. Is there COMMUNICATION FROM THE tleman from Maine? objection to the request of the gentle- CLERK OF THE HOUSE woman from the District of Columbia? There was no objection. The SPEAKER pro tempore laid be- There was no objection. f fore the House the following commu- REPORT OF COMMITTEE TO f nication from the Clerk of the House of NOTIFY THE PRESIDENT HONORING EDWIN PENCE Representatives: Mr. DELAY. Mr. Speaker, your com- (Mr. BAIRD asked and was given per- OFFICE OF THE CLERK, mittee appointed to inform the Presi- mission to address the House for 1 HOUSE OF REPRESENTATIVES, minute and to revise and extend his re- Washington, DC, December 8, 2003. dent that the House is ready to adjourn Hon. J. DENNIS HASTERT, and to ask him if he has any further marks.) Speaker, House of Representatives, communications to make to the House Mr. BAIRD. Mr. Speaker, those of us Washington, DC. has performed that duty. The President on the Democratic side of the aisle, DEAR MR. SPEAKER: Under Clause 2(g) of has directed us to say that he has no when we arrived today, we were miss- Rule II of the Rules of the U.S. House of Rep- further communications to make to ing a familiar and friendly face. Ed resentatives, I herewith designate Mr. the House. Pence has been a loyal and valued serv- Gerasimos C. Vans, Deputy Clerk, to sign any and all papers and do all other acts for f ant to this country for 25 years. He has reached out to numerous people and he me under the name of the Clerk of the House HONORING BARBER CONABLE which he would be authorized to do by virtue will be greatly missed. He retires at of this designation, except such as are pro- (Mr. LEACH asked and was given per- the end of this year. vided by statute, in case of my temporary mission to address the House for 1 In October of 1978, Ed joined the Cap- absence or disability. minute.) itol Police Force and dedicated over 20 If Mr. Vans should not be able to act in my Mr. LEACH. Mr. Speaker, it is with years to protecting our safety and that behalf for any reason, then Mr. Daniel J. sadness I would like to formally report of the visiting public. He is respected Strodel, Assistant to the Clerk, or Ms. Mar- to the House the passing of one of our throughout the Capitol because of his jorie C. Kelaher, Assistant to the Clerk, most distinguished Members of the professionalism, his compassion, and should similarly perform such duties under the same conditions as are authorized by 20th century, Barber Conable of New his friendly nature. this designation. York. Ed also had a brief stint in the gen- These designations shall remain in effect Barber retired from the House over a tleman from Missouri’s (Mr. GEP- for the 108th Congress or until modified by decade ago, so many current Members HARDT) office before joining the Ser- me.

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00132 Fmt 0636 Sfmt 0634 E:\CR\FM\A08DE7.099 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12879 With best wishes, I am, moot and no Rule VIII determinations are district’s Comprehensive Economic De- Sincerely, required. velopment Strategy, CEDS, project. JEFF TRANDAHL, Sincerely, CEDS is a program sponsored by the Clerk. WALTER B. JONES, Economic Development Administra- Member of Congress. f tion, which seeks to develop a regional f plan of action to attract investment b 1745 SPECIAL ORDERS and to create jobs. The committee is AUTHORIZING SPEAKER TO DIS- The SPEAKER pro tempore. Under comprised of local economic develop- PENSE WITH ORGANIZATIONAL the Speaker’s announced policy of Jan- ment, education, and chamber officials. AND LEGISLATIVE BUSINESS ON uary 7, 2003, and under a previous order Judy has worked tirelessly with the ANY DAY HOUSE CONVENES of the House, the following Members members of the CEDS committee to de- PURSUANT TO SECTION 2 OF will be recognized for 5 minutes each. velop a final recommendation to HOUSE JOINT RESOLUTION 80 present to EDA. I am pleased to tell f you that because of her effort and Mr. MCCOTTER. Mr. Speaker, I ask COMMENDING JUDY W. STEVENS strong leadership, the community has unanimous consent that on any day FOR HER WORK AND DEDICA- come to consensus on a proposal that when the House convenes pursuant to TION TO ECONOMIC DEVELOP- will serve as a blueprint for regional section 2 of House Joint Resolution 80, MENT economic development for the Eighth the Speaker may dispense with organi- The SPEAKER pro tempore. Under a District of North Carolina and the rest zational and legislative business. previous order of the House, the gen- of the country. I look forward to work- The SPEAKER pro tempore (Mr. tleman from North Carolina (Mr. ing with her and the CEDS committee RENZI). Is there objection to the re- HAYES) is recognized for 5 minutes. as we put this plan into action. quest of the gentleman from Michigan? Mr. HAYES. Mr. Speaker, today I Judy’s hard work and talent have There was no objection. rise to congratulate and praise an indi- been recognized across the State. In 1999, she was named Economic Devel- f vidual who has dedicated herself to im- proving North Carolina. Judy Stevens oper of the Year for North Carolina by COMMUNICATION FROM DISTRICT is a remarkable person in many ways, the North Carolina Economic Devel- DIRECTOR OF HONORABLE and I want to acknowledge her accom- opers Association. This recognition dis- FRANK PALLONE, MEMBER OF plishments and efforts in economic de- plays the type of commitment and CONGRESS velopment. dedication Judy puts into her job and The SPEAKER pro tempore laid be- Judy grew up in Star, North Caro- into her community. Mr. Speaker, I cannot tell you how fore the House the following commu- lina, located in Montgomery County. much I appreciate Judy Stevens’ tire- nication from Paul Dement, District She attended East Montgomery High less dedication and her desire to in- Director of the Honorable FRANK School and continued her education at crease the quality of life for Mont- PALLONE, Member of Congress: Randolph Community College. She is a gomery County, the eighth district, HOUSE OF REPRESENTATIVES, certified economic developer from the and North Carolina as a whole. She has Washington, DC, November 24, 2003. Economic Development Institute, gone above and beyond the call of duty Hon. J. DENNIS HASTERT, which is administered by the Univer- to help create and sustain economic de- Speaker, House of Representatives, sity of Oklahoma. Washington, DC. velopment; and as a citizen of North Judy began her work in the economic DEAR MR. SPEAKER: This is to formally no- Carolina, I join many in sincerely development field when she accepted a tify you, pursuant to Rule VIII of the Rules thanking her. of the House of Representatives, that I have job as administrative assistant for the I would also like to acknowledge been served with a civil subpoena for docu- director of the Montgomery County Judy’s family that has been there ments issued by the Superior Court of New Economic Development Corporation in backing her in every effort and success. Jersey, Ocean County. 1992. With her strong knowledge of the Judy has a loving family. The Stevens After consultation with the Office of Gen- county and its people, combined with eral Counsel, I have determined that it is family includes her husband, Gerald, her knowledge of economic develop- along with their two sons, a daughter, consistent with the precedents and privileges ment, she quickly excelled at her job; of the House to notify the party that issued and three grandsons. I am sure they are the subpoena that I do not have any respon- so fast, that by 1993 she became the di- as proud as I am of her many accom- sive documents. rector of the EDC. plishments and her dedication to her Sincerely, Any good leader knows that success profession. PAUL DEMENT, depends upon the efforts of many. Judy District Director. created the Committee of 100, a group f MERRY CHRISTMAS, PhRMA f of business leaders throughout the county who were willing to invest time The SPEAKER pro tempore. Under a COMMUNICATION FROM THE HON- and money in recruiting new busi- previous order of the House, the gen- ORABLE WALTER B. JONES OF nesses to Montgomery County. Long- tleman from Ohio (Mr. BROWN) is rec- NORTH CAROLINA, MEMBER OF term success depends on future leader- ognized for 5 minutes. CONGRESS ship. She established the Leadership Mr. BROWN of Ohio. Mr. Speaker, The SPEAKER pro tempore laid be- Montgomery Program for Adults and President Bush signed the Medicare fore the House the following commu- Youth through the Montgomery Coun- bill today, ending an ugly legislative nication from the Honorable WALTER ty Chamber of Congress, which is cur- process driven by the interests of a B. JONES of North Carolina, Member of rently in its 10th year. constituency near and dear to the Re- Congress: Judy Stevens is someone who under- publican leadership in this House. Not stands that economic development suc- America’s seniors. I am talking about HOUSE OF REPRESENTATIVES, Washington, DC, December 2, 2003. cess requires cooperation across polit- the prescription drug industry. Hon. J. DENNIS HASTERT, ical jurisdictional lines. In her own The vast quantities of time and Speaker, House of Representatives, county, Judy is currently working on a money that the drug companies in- Washington, DC. project to develop a regional waste- vested in selling this bill were well DEAR MR. SPEAKER: This is to notify you water system for the towns of Boscpe, spent. This bill is a Christmas wish formally, pursuant to Rule VIII of the Rules Star, and Troy. In the past, this type of come true for every drug manufacturer of the House of Representatives, that I have cooperation was not common. However, in our Nation. Under the new bill, drug received a subpoena for testimony issued by with Judy’s determination and leader- industry profits are expected to in- the Superior Court of Pender County, North Carolina. ship, folks are willing to come to the crease by $140 billion, a 40 percent in- After consultation with the Office of Gen- table and work for the good of the en- crease in already the world’s most prof- eral Counsel, I have determined that, be- tire area. itable industry. cause I received the subpoena after the date Most recently, Judy has taken on a This industry, the world’s most prof- requested for testimony, the subpoena is much larger task by leading the eighth itable industry, successfully used its

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00133 Fmt 0636 Sfmt 0634 E:\CR\FM\A08DE7.101 H08PT1 H12880 CONGRESSIONAL RECORD — HOUSE December 8, 2003 675 lobbyists in this town, about 1.3 million to the Bush-Cheney reelection mocracies is hard work, but it is im- lobbyist for every Member of the effort. portant work for our national security. House, and used its tens of millions of The drug industry is already 51⁄2 We also passed defense appropria- dollars of campaign contributions to times more profitable than the Fortune tions and authorization bills that in- win a giant increase in profits at the 500 average, yet they would have us be- cluded necessary long-term funding for expense of taxpayers in this country lieve any reduction in prices would our defense efforts and included a pay and at the expense of America’s senior jeopardize their research and develop- increase for our troops and a historic citizens. The drug companies on this ment. The level of U.S. drug prices are change in the disabled veterans com- year’s Fortune 500 list posted profits of not necessary; they are highway rob- pensation. For the first time since the 17 percent, 51⁄2 times the average profit bery. This bill helps to ensure that Civil War, many disabled veterans will margin of other Fortune 500 firms. American consumers, American em- be able to receive both their disability Not only does the Medicare bill ployers, and American taxpayers keep payments and their retirement bene- signed today by President Bush dra- paying those high prices. fits. matically expand the drug industry’s Merry Christmas, PhRMA. The President also signed into law market, it ensures that drug companies f the Military Family Tax Relief Act, will be able to charge American tax- which provides overdue tax relief tar- REGARDING THE FIRST SESSION payers almost any price they want for geted to our dedicated servicemen and OF THE 108TH CONGRESS medicines covered by Medicare. The their families. word on the street in Washington is The SPEAKER pro tempore. Under a September 11 also proved that we that the drug industry, PhRMA, Phar- previous order of the House, the gen- must be vigilant on our home front. maceutical Research and Manufactur- tleman from Illinois (Mr. HASTERT) is That is why we created the Depart- ers Association, PhRMA, is going to recognized for 5 minutes. ment of Homeland Security in the last contribute $100 million to President Mr. HASTERT. Mr. Speaker, I rise Congress. In this session we created a Bush’s reelection campaign. this evening with sadness at the pass- Select Committee on Homeland Secu- That is why this bill specifically pro- ing of Joe Skeen. Joe Skeen was a rity and a Subcommittee on Homeland hibits the government from negoti- friend of mine, a great member of this Security of the Committee on Appro- ating fair prices for press medicines. Congress for many years from New priations so that this Department That is right, the Federal Government Mexico, somebody who served this Con- would have the proper funding and is not allowed under this bill to even gress with great love, with great com- oversight. Indeed, the Congress com- bargain for better drug prices on behalf passion, and a steady hand. We will all pleted work on the first appropriation of seniors or on behalf of American tax- miss him. He chose not to run in the bill dedicated solely to homeland secu- payers. It is what the drug industry last Congress, but he was a great rity this year. wants. And the drug industry in this friend; and his funeral will be this com- The second challenge we faced at the body always gets what it wants. ing Thursday, and later on we will have beginning of this year was a slowing The bill the President signed into law a session to honor him. economy. The economy faced the twin relies on the same price discount mech- Mr. Speaker, I also rise this evening shocks of a bursting high-tech bubble anisms private insurers use, the same to give an end-of-the-session assess- and the terrorist attacks on New York mechanisms that have led to double- ment of the first session of the 108th and Washington. Those shocks under- digit increases in prescription drug Congress, to recount our accomplish- mined both business and consumer con- costs year after year after year. It is ments and to review what we have left fidence, while shattering investor con- what the drug industry wants. And the to do. fidence. We had to do something about drug industry always gets what it This session of Congress commenced it. We passed the President’s economic wants in the Republican-controlled as we were engaged in a struggle growth package aimed at restoring U.S. House of Representatives. In the against terrorism and as our economy confidence in the business, consumer, private market, prescription drug costs struggled in a near recession. We and investor sectors. Coupled with the are the fastest-growing component of opened this session with three major earlier tax cut signed into law in 2001, health care cost increases. Prescription goals: first, to make our Nation safer these tax relief bills accomplished all drug costs in the private market in- from terrorists and those states that three goals. It gave small businesses creased over 18 percent last year. support them; second, to grow our the relief they needed to buy more The bill rejects also the bipartisan economy and create jobs for American equipment and incentives to expand will of a commanding majority in this workers; and, third, to make America a their businesses. It returned more House, who actually did stand up better place to live for all of our citi- money to consumers so that they could against a Republican leadership and zens. We have had a notable success in spend more. And it inspired investors against President Bush, who actually all three areas. to return back to the markets. stood up to the drug lobby in July. Two First, we have made this country The results have been better than ex- hundred forty-three of us, many from more secure from foreign threats. The pected. The economic growth rate hit that sides of the aisle, the gentleman Congress passed and the President 8.2 percent in the last quarter. Manu- from Texas (Mr. PAUL) and many oth- signed three different supplemental ap- facturing output is at the highest lev- ers, voted to give American consumers propriation bills to support our efforts els in 2 decades. The Dow Jones has the choice to buy safe, effective and on the war on terror. This helped pay reached its highest level in 18 months. much more affordable medicine im- for the war in Iraq and for our contin- And the job rate shows the best signs of ported from Canada. The legislation ued efforts in Afghanistan. And, of improvement in 2 years. that President Bush signed today not course, the American people are great- only ignores that vote; it negates it. It ly concerned for the safety of our b 1800 drives a nail in the coffin of prescrip- troops in both places, but we must con- Aside from the war and the economy, tion drug importation. Why? It is what tinue to support our brave men and our Nation faced other challenges. the drug industry wanted, and the drug women as they fight to defend our free- Health care costs continue to be one industry always gets what it wants in dom and to defeat the terrorists who of the top concerns of our citizens. We this institution. want to bring death and destruction to passed historic reform of the Medicare Once again, American consumers our homeland. system that will now include a pre- lose; the drug industry wins. Drug com- Saddam Hussein’s Iraqi regime and scription drug benefit for the first time panies routinely charge American con- the Taliban’s Afghan regime actively in history. I am very proud that we sumers three, four, five times what supported terrorist organizations. Al- kept our promise to senior citizens by they charge Canadian customers for Qaeda trained in both countries. Now, delivering this most important reform. the same medicine. As I said earlier, both countries are making the tough, The prescription drug benefit means the world on the street in Washington but vitally important, transition to that never again will low-income sen- is that PhRMA, the Prescription drug democratic government. Changing ter- iors have to face the choice between trade association, is going to give $100 rorist-supporting dictatorships into de- putting food on the table or paying for

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00134 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.124 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12881 life-saving prescription drugs. It also ing to combat AIDS. We passed the also like to thank the dedicated staff means that seniors with high-cost President’s Healthy Forests Initiative, and especially the floor staff, the drugs will have an insurance benefit to protect communities from out-of- clerks and the pages, who work long that will protect them. Finally, the av- control forest fires. We passed the Fair and hard to make this place efficient erage senior will get their drug costs Credit Reporting Act so that con- and workable. Thank you for your fine reduced by up to 60 percent because of sumers have better access to their con- service to this Nation. I wish you all a this far-reaching reform. sumer reports to protect against the happy holiday season, and God bless Included in this historic legislation persistent problems of credit card you all. was historic assistance for rural and fraud. urban hospitals, as well as other impor- In other words, we delivered good leg- f tant health care reforms. I am most islation for the American people. As we TURNING OUR BACKS ON HUNGRY proud of the new health savings ac- get ready for the second session of the CHILDREN counts, tax-free savings accounts that 108th Congress, we still have some allows consumers to have more control work to do. We still have a highway The SPEAKER pro tempore (Mr. over their health care costs. These bill to pass. Nothing is more important RENZI). Under a previous order of the health savings accounts will revolu- to our Nation’s economic well-being House, the gentleman from Massachu- tionize the health care market in this than a modern transportation system. setts (Mr. MCGOVERN) is recognized for country, giving consumers better I want to get this bill done by early 5 minutes. health care at a lower price. next spring. Mr. MCGOVERN. Mr. Speaker, I Aside from health care, we faced an- We need to complete the work on the would like to take a moment to talk other domestic crisis, the lack of com- welfare reform bill. When we reformed about one small program in the omni- prehensive energy policy. From the welfare in 1996, we helped millions of bus appropriations bill which I believe rolling brownouts of California to the Americans get a hand up rather than a is a reflection of America’s commit- New York City blackouts, from the hand out. Millions of Americans woke ment to defeat terrorism, or rather its turbulence of the natural gas market up in the morning and went to work lack of commitment. It is a reflection to the persistent problems of higher rather than woke up and went to the of America’s commitment to address gasoline prices, energy policy became a welfare office. They got a job and got a hunger, poverty, illiteracy and igno- front-burner issue. paycheck. We need to reauthorize this rance; or rather, its lack of commit- So working with the White House, we bill, and we need to reauthorize it soon. ment; and that reflects America’s com- put together a comprehensive energy We also must find a way to get the mitment to help educate the children policy aimed at making our Nation budget back to balance. The attacks of of the world, especially girls; or rather, more energy independent. This legisla- September 11, the war against ter- its lack of commitment. tion did several things. It created in- rorism, and the struggling economy Tucked away inside the agriculture centives to get the most out of our nat- have all led to deficit numbers that, appropriations section of the omnibus ural resources, from promoting greater while manageable, must be controlled. bill is $50 million for the George energy efficiency, to encouraging the This year’s nondefense, nonhomeland McGovern-Robert Dole International use of renewal fuels such as ethanol. It security discretionary budget increased Food for Education Program. McGov- encouraged greater reliability for elec- by a 3 percent margin, a relatively ern-Dole began as a $300 million pilot tricity by providing for open access of small increase, but one that can be im- program in 2001, providing nutritious transmission lines, while improving proved. Our budget chairman, the gen- meals to nearly 7 million children in 38 the transparency of electricity mar- tleman from Iowa (Mr. NUSSLE), has countries. The catch, these children kets. worked hard to find ways where we can had to attend school in order to get the This energy policy has another salu- control Federal spending. As we debate meals. The McGovern-Dole program tary effect. It will create jobs. The lat- next year’s budget, we will work to sends wheat from Illinois, Minnesota est estimates are that it will create up find ways to cut the budget deficit in and Oregon to feed children at schools to a million jobs. We passed the energy half through lower spending. in Bolivia and Lebanon. It sends corn, conference report by a large bipartisan But as we work to control spending, milk and soybeans from Kansas and margin in the House, and we are wait- we must also work to ensure that the Wisconsin to feed school children in ing for final action by the other body. economy stays on track. The tax cuts Nicaragua and Guatemala. And it sends It is my hope that this vitally impor- were enacted to help spur recovery. We lentils from Idaho and Washington to tant legislation will not get caught up must keep them in place to ensure that children we have helped return to in the flurry of lobbying by the trial they finish the job. Those who want to school in Afghanistan. Beans from Col- lawyers. I urge my colleagues on the raise taxes and thus threaten our re- orado, rice from Texas and Louisiana, other side of the rotunda to drop the covery and job creation are just wrong. cooking oil from Florida and Ten- delaying tactics and send this con- We have already seen that as the econ- nessee, the blood, sweet and tears of ference report to the President. omy grows, the budget deficit falls. America’s farmers find their way to Another perennial issue is education. Keeping the economy growing is a sen- children attending humble schools In the 107th Congress, we passed the sible way to get the budget back to bal- around the world. President’s No Child Left Behind legis- ance. Providing food to malnourished chil- lation aimed at increasing account- Finally, we need to start the debate dren in schools is one of the most effec- ability and demanding results when it in this Nation on how to reform our tax tive strategies to fight hunger and pov- comes to educating our children. This laws. Not only is our tax system too erty. Where programs are offered, en- year, we kept our promise by increas- complicated, it also hurts our Nation’s rollment and attendance rates increase ing education funding to $4.1 billion, competitiveness. If our companies can- significantly, particularly for girls. In- the highest Federal contribution to not compete, we lose jobs here in stead of working or searching for food education in history. Clearly, we are America. As we reform the Foreign to combat hunger, children have the keeping our promise to the parents and Sales Corporation Tax, as required by chance to go to school. Providing food teachers and children of America. the recent WTO decision, we must also at school is a simple, but effective, Finally, we passed a series of legisla- start a discussion on how we create the means to improve literacy and help tion initiatives designed to make this best tax system possible to meet the poor children break out of poverty. Nation a better place to live. We passed needs of the people of this country in The McGovern-Dole program helps us the Do Not Call and Do Not Spam bills, the 21st century. achieve many of our foreign policy aimed at stopping consumers from I want to thank all Members for their goals, and communicates America’s being harassed through the phone and patience and for their perseverance. compassion to those around the world. through computer by telemarketers. Public service in the Congress is not an At the end of the day, it will be pro- We passed the Amber Alert bill, to help easy vocation, and it is especially hard grams like McGovern-Dole that will ul- keep our children be safe from kidnap- on families. I thank all Members for timately triumph over poverty and ter- pers. We passed historic levels of fund- their service to this Nation. I would ror.

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00135 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.126 H08PT1 H12882 CONGRESSIONAL RECORD — HOUSE December 8, 2003 Earlier this year, in February 2003, Mr. PAUL. Mr. Speaker, much has tinian Authority President Yasser the United States Department of Agri- been written lately about several at- Arafat has been lukewarm at best. Ex- culture evaluated this program, and tempts to craft an alternative peace tremist Arab organizations who have a the conclusions were overwhelmingly plan in the decades-old Israeli-Pales- special interest in continuing the vio- positive. In addition to significantly tinian dispute. The best-known of these lence have also rejected the Geneva reducing the incidence of hunger recent plans, the Geneva Initiative, Initiative. Israeli Prime Minister Ariel among school-age children, the pro- was conceived and written by rep- Sharon has rejected the initiative out gram was also found to promote edu- resentatives of both sides of the con- of hand. Said Mr. Sharon, ‘‘Geneva is cational opportunity, especially for flict but without the involvement of an attempt to do something only a gov- girls, among some of the poorest popu- governments or politicians. As such, it ernment can do.’’ lations in the world. is a fresh approach that should provide But the point is that governments Sadly, in fiscal year 2003, McGovern- a lesson to those who continue to be- have little incentive to finally end con- Dole received only $100 million in fund- lieve that peace is something that can flicts such as these. The United States ing, reducing the number of children only be crafted by government officials is in places like Kosovo and Bosnia in- served to scarcely more than 2 million or bribed or bullied by the inter- definitely in the name of peacekeeping world-wide in just 28 countries. In fis- national community. and peace processes. The same will be cal year 2004, President Bush only We do know this: After decades of true of our involvement in Afghanistan asked for $50 million, and if this alloca- conflict and tens of billions of U.S. tax and Iraq. It is not until foreign involve- tion remains unaltered, the United dollars spent, U.S. Government in- ment ceases, that means our continued States will literally be taking food out volvement in the Israeli-Palestinian meddling in the Middle East, and the of the mouths of yet another one mil- peace process has led nowhere. The lat- people directly involved demand peace, lion hungry children and forcing their est U.S. Government-initiated plan for do real working solutions begin to families to remove them from school. peace, the road map, appears to be a emerge. The Geneva Initiative is there- The senior Senator from Kansas and map to nowhere. This does not surprise fore a positive step toward peace in the chairman of the Senate Intelligence me much. With a seemingly endless Middle East. Let us step back and get Committee, PAT ROBERTS, a leading amount of money to bribe the two lead- out of the way. proponent of the McGovern-Dole pro- ers of the two opposing sides to remain f gram in the other body, has stated on engaged in the process, is it any won- CONSOLIDATED APPROPRIATIONS a number of occasions his belief that der why the two parties never arrive at this program serves our national secu- CONFERENCE REPORT LEAVES peace? MANY VICTIMS IN ITS WAKE rity interests by attacking the breed- But people on both sides are becom- ing grounds of terrorism, hunger, pov- ing more and more frustrated at the The SPEAKER pro tempore (Mr. erty, ignorance and despair, while at endless impasse and endless govern- RENZI). Under a previous order of the the same time ensuring that children ment and bureaucrat-written peace House, the gentlewoman from the Dis- receive meals in settings where they agreements that go nowhere. trict of Columbia (Ms. NORTON) is rec- receive a quality education, rather ognized for 5 minutes. than hate-filled indoctrination. b 1815 Ms. NORTON. Mr. Speaker, yester- I could not agree more. But rather That is why plans like this should be day was December 7, known as the Day than expanding this program to reach of such interest. Initially conceived by of Infamy, so named by the great Presi- even more school-aged children, to help an obscure Swiss professor, the project dent Franklin Delano Roosevelt. Mr. stabilize communities devastated by was joined by former Israeli Justice Speaker, I suggest this evening that HIV–AIDS, and to support HIV–AIDS Minister, Yossi Beilin, former Pales- this day is a kind of day of infamy for orphans so they might contribute to tinian Authority Information Minister, this House, particularly with the pas- the future of their nations rather than Yasser Abed Rabbo, and by other sage of this conference report. This burden them, we are cutting it again. prominent officials like former Presi- conference report contains within it so On November 26, the United Nations dent Jimmy Carter. The negotiations many violations of basic democracy in Food and Agriculture Organization re- led to the creation of a 50-page detailed this House that this day will not soon leased its 2003 report on hunger. It accord. be forgotten, which is why I make the found that after falling steadily during I do not know whether the product is analogy that I did. the 1990s, hunger is again on the rise. perfect. I have not studied the minute The conference report leaves many In the developing world, the number of details of the proposal. But what I do victims in its wake. Let me name just malnourished people grew by an aver- know is that politicians, governments, a few of them. It is a 50/50 country. But age of 4.5 million a year for the past 3 and special interests promote war at if you were not of the majority party, years. The report also found that hun- the expense of those who have to fight if you are among the independents, you ger exacerbates the AIDS crisis, drives them. Wars end when the victims fi- had little participation in this final rural people into the cities, and forces nally demand peace, and that is what product. Or if you happened to live in women and children to trade sex for we are beginning to see. According to food and money. the wrong State or the wrong district, Yet over the past 3 years, we have one recent survey, a majority among even though it might be closely held, cut funding for the McGovern-Dole both the Israeli and Palestinian popu- you will look long and hard before find- school feeding program so it is now lations support this new initiative. ing your place in this conference re- one-sixth of what it once was. This is a That is encouraging. To his credit, port. disgrace, plain and simple. President Bush has demonstrated an And help you, help you if you are in Mr. Speaker, we are going in the open mind toward this alternative ap- the low or middle classes of our coun- wrong direction, not just for the chil- proach. He declared the Geneva Initia- try because you have been sacrificed dren of the world, but for the security tive ‘‘productive’’ and added that the time and time again in this report to of our own Nation. I call on President United States ‘‘appreciates people dis- big corporations, to wealthy Ameri- Bush and congressional leadership to cussing peace.’’ Secretary of State cans. If you are among the millions of restore full funding in fiscal year 2005 Colin Powell echoed the President what I call the disfavored elderly who to the George McGovern-Robert Dole when he resisted hard-line pressure to will get little or no help from the pre- International Food for Education Pro- ignore the proposed accord stating, ‘‘I scription drug Medicare bill, you will gram. have an obligation to listen to individ- not find yourselves among the bills we uals who have interesting ideas.’’ This have passed this year on prescription f is also encouraging. drugs. The most unfortunate of you are A WORTHWHILE PROPOSAL Predictably, though, this new ap- the long-term unemployed. Unbeliev- The SPEAKER pro tempore. Under a proach is not as welcomed by those ably, this is the second Christmas Con- previous order of the House, the gen- governments, politicians, and special gress has gone home to leave the long- tleman from Texas (Mr. PAUL) is recog- interests who have a stake in dragging term unemployed with no relief to face nized for 5 minutes. out the process indefinitely. Pales- the Christmas and the new year with a

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00136 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.127 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12883 rough, rather than a happy, holiday. I tleman from Michigan (Mr. MCCOTTER) out reading the entire text, it tells the do not know how the House could have is recognized for 5 minutes. story. My concern about the Medicare done that, at least for these long-term Mr. MCCOTTER. Mr. Speaker, I rise bill that was signed today is the fact unemployed. today to mourn and mark the passing that seniors are the losers. Seniors in But the victims, Mr. Speaker, are of John Lennon and to acclaim the ac- my district when I came home during also in this body and in the Senate. complishments of Bob Seger, both of the Thanksgiving break, not under- The Republicans themselves are going them musicians and artists, performers standing what we had just done, were to have to face the music when they go and poets. looking for relief. They did not under- home to face the 8 million who will First, on a sorrowful note, today ob- stand that this bill does not take place lose their overtime pay and be in- serves the 23rd commemoration of the for financial reasons until 2006. They formed of it just in time for Christmas. murder of John Winston Ono Lennon, did not understand why hundreds of It is going to be some Christmas for M.B.E. Let us mark and continue to thousands, or at least tens of thou- them. This Republican House voted de- mourn his passage not merely with sands of seniors in Texas would lose cisively to eliminate their overtime words but with his music and then with their retirement benefits. Or some of pay, but they must have heard from every agonizing echo of the deafening the seniors that use the Medicaid re- them because when it came time for silence left in the wake of his senseless sources will also lose those resources. the motion to instruct, all of a sudden loss. Our heartfelt condolences go out They did not understand why they we had a majority with us against the to his widow and his sons. provision to eliminate overtime pay. could not have a guaranteed prescrip- On a joyous note, however, I also rise tion drug benefit under Medicare. They What happened? Their own majority to celebrate the achievements of one reversed them. So now they have got to did not understand why they would be who has followed and honored Mr. forced ultimately to go into a go back home and try to say, I was for Lennon’s legacy, Michigan’s own Bob you, but I am in the party that was privatized HMO. And they certainly did Seger. Rising from his working-class not understand why the government against you. How do you explain that? roots, Bob Seger has reached the pin- On the Senate side, there are any would be forced to not negotiate the nacle of the rock and roll world. For number of provisions, which is why lowest price for prescription drugs after his loyal fans conducted a peti- this conference report is likely to go which makes common sense. In this tion drive and collected nearly 4,500 nowhere before Christmas. Let me just time of friendly Christmas shopping pluck one analogous example. The Sen- signatures, Mr. Seger is finally being and holiday shopping, everybody is ate has surely heard from the Amer- duly recognized and inducted into the looking for a deal. They cannot under- ican people on vouchers. They just did Rock and Roll Hall of Fame. He could stand why we have a law that says that not have the votes to do anything on not be more deserving. the government cannot look for a deal. D.C. vouchers. Why? Because Mr. Seger’s life’s work, his art, has And so it saddens me that a bill was everybody’s school district is being cut been a celebration of working Ameri- signed that really does not help our because of 3 years of a poor economy cans, our lives, our loves, our losses seniors and that we have captured the under this President. Because our and, most importantly, the little vic- essence of a disregard for House rules promise to fund disabled children is an tories which hearten and heal and lead with a 4-hour vote open almost and unkept promise of the decades. Because us all ever onward in this arduous jour- that in essence the GOP decided to pull our promise to fund No Child Left Be- ney of life. He is a musician, an enter- no punches. Whether it means putting hind is $9 billion in the hole. The Sen- tainer, and a poet who speaks not only up another Member against a wall, ate was not about to vote for any D.C. to our ears but also to our hearts. whatever it meant, it meant that the vouchers. What happened? Passed one Once the romantic poet William interests of our seniors was not han- House, never passed the other, pops up Wordsworth explained the essence of dled. artistic virtue: ‘‘And then a wish: My in this bill. You think that is democ- Mr. Speaker, I hope that we will best and favorite aspiration mounts racy? If it happened only one time to come back in January in 2004 and we with yearning toward some philo- one or two bills, that would be one will get down to work and we will actu- sophical song of truth which cherishes thing. Sprinkled throughout, this bill ally put on the table a reform, a revi- our daily lives.’’ is just strewn with this kind of un- sion to what has been signed. Because, democratic authoritarian dealing, For over 30 years, Mr. Seger has sung this philosophical song of truth, cher- frankly, I believe that we are digging more typical of countries that we criti- ourselves a deep hole. And 2006 will not cize. But the villain in this piece has ishing our daily lives. Let us now honor his. come soon enough for that hole to get seldom been spoken of because it is not bigger and bigger and bigger. This is only the Republican majority, Mr. f not a good bill. Good intentions, but Speaker; it is the Republican Presi- SENIORS ARE LOSERS IN certainly not a good bill. dent. We do not see his face here, but MEDICARE BILL SIGNED TODAY Mr. Speaker, I said that there were we have felt his big footprint, his one- several things that I wanted to men- man approach to this bill; and he has The SPEAKER pro tempore. Under a tion this evening, and I briefly want to offended many members of both par- previous order of the House, the gentle- ties, especially in the Senate. woman from Texas (Ms. JACKSON-LEE) mention the fact that a Texan, cer- I predict this day that this bill will is recognized for 5 minutes. tainly somebody that we all know and not get through the other body. I do Ms. JACKSON-LEE of Texas. First, certainly we know of his great exper- not think the Senate is about to bless just a moment to my friends from New tise, Jim Baker, has been asked to help a bill that imposes the will of one man Mexico just to indicate my deepest in the Iraqi debt. I will be sending out of the majority on the House and the sympathy for the loss of Joe Skeen. a letter and asking my colleagues to Senate alike. This term we have I believe that there is an opportunity join me that we have a similar envoy changed the very character of this in this Congress to work together. I am to help relieve the debt of the nation of House. We need to come back no longer disappointed that what we have done Haiti that in the early years of our his- seeking comity and bipartisanship. We today clearly indicates that we have torical beginnings fought in the revolu- need to make the goal of the House to missed our chances on some occasions, tion against the French. Haiti is al- return to its ancient democratic tradi- missed a chance to come together as a most crumbling under the weight of tions. House and Senate; and certainly over debt. I believe what you can do unto the last couple of weeks the story that one you can do unto another, particu- f will be written in history will be one larly one that is in this hemisphere. We MARKING THE PASSING OF JOHN that will raise a question as to whose cannot tolerate any longer the kind of LENNON AND ACCLAIMING THE interests have been promoted in this burden that Haiti is facing, and it ACCOMPLISHMENTS OF BOB body. seems inequitable that you would help SEGER As I look at this article from Robert Iraq and not help Haiti. And so I hope The SPEAKER pro tempore. Under a Novak, ‘‘GOP Pulled No Punches in the President will join me and welcome previous order of the House, the gen- Struggle for Medicare Bill,’’ even with- that opportunity and be able to do so.

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00137 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.130 H08PT1 H12884 CONGRESSIONAL RECORD — HOUSE December 8, 2003 b 1830 policy because of its clear beneficial effects on At Harvard College, the Class of 2007 is Let me just briefly say that in Texas equality in education. Given that Texas A&M comprised of: 65.1 percent Caucasian, 17.4 today we funeralized a very great Fed- Board of Regents has opted to incorporate percent Asian-American, 8.4 percent African- eral judge, and I want to give my deep- President Gates’ proposal, the university will American, 3.0 percent Hispanic-American, 3.6 est sympathy to the family of Judge stand in a minority position with respect to its percent Mexican-American, 0.8 percent Native John Hannah for his great service and express commitment to creating a more di- American, 1.2 percent Puerto Rican, and 0.5 leadership, and I hope to pay him trib- verse student body. percent Other. Of the 5,300 undergraduates at ute in the days to come when we return It took some time for this nation to advance Yale College, 30 percent are students of color. back to Washington. the principles that came from the great Brown Its 2002 class profile was: 74 percent Cauca- I want to finish, Mr. Speaker, on v. Board of Education decision to the clear sian, 13 percent Asian, 7.5 percent African something that is really very dev- statement set forth in the University of Michi- American, 5 percent Hispanic-Latino, and < 1 astating. We fought very long and hard gan case. To ignore the forward progress percent Native American. These Ivy League all the way to the Supreme Court to made by this court is a slap in the face of the institutions, which have historically had lower preserve the understanding that af- Civil Rights Movement. percentages of minority enrollment, can boast firmative action was not quotas, it TAMU ADMISSIONS MEMO improved numbers and can say that these simply was an outreach, and we were In a memo dated December 7, 2003, the numbers will continue to improve with the affirmed by a United Supreme Court in University’s new admissions policy is summa- legal precedent set by Grutter v. Bollinger. the Michigan case that race can be a rized. Instead of using the standards that have These institutions have not abandoned this factor in helping to diversify in this been set forth by the nation’s highest Court— country’s commitment to establishing diversity. Nation and give opportunity. Lo and responsible for pronouncing the law of the Historically, Texas public universities have behold, Texas A&M decided in the last land, Texas A&M claims that: fallen behind in issues of racial segregation. couple of days in the face of the Michi- [g]ains in minority enrollment will come For example, the Texas Constitution man- gan case to slap the face of the United through enhanced outreach, not changes in dated segregated schools until 1954 and the States Supreme Court and eliminate admission policies, requirements and stand- UT Law School had scholarships ‘‘for whites the element of race in their decisions ards. Every student now and in the future only’’ until 1969. Similarly, this State has for admissions. This is a university can be confident he or she arrived at Texas A&M on his or her own individual merits. struggled to comply with legislative attempts to that has 82 percent white, 2 percent correct the negative trend. In 1950, the Court Furthermore, the University promises that black, 9 percent Hispanic, and 3 percent in Sweatt v. Painter ruled that Texas could not Asian American in a State that is in- [it] will work aggressively to increase the satisfy its Fourteenth Amendment responsibil- creasingly diverse, the State of Texas. number of minorities from all backgrounds who apply to Texas A&M, and . . . [intends] ities by creating a separate law school for My challenge to Dr. Gates, the chan- to be far more aggressive in trying to per- blacks. These developmental shortcomings led cellor, is to reform this misdirected suade those [they] admit actually to enroll— to an investigation by the federal Office of Civil policy, come back to the 21st Century, to join the Aggie family. And, [they promise Rights (OCR) in 1973 as to the State’s efforts engage those of us who understand to] continue [their] efforts to ensure that to eliminate all vestiges of a de jure racially what affirmative action is, an outreach once they arrive, they find a welcoming cam- dual education system. and not a handout, and begin to accept pus and remain [there] to graduate. Unfortunately, the Texas A&M policy marks the law of the land that affirmative ac- I find it interesting that while this University a return of the vestiges of de jure educational tion is the law, and that we can use has promised to do all of the above things to discrimination consistent with Hopwood v. race as an element. It is time to ad- create a welcoming environment and to en- Texas. We now must form a new Civil Rights dress the question of these outrageous sure that minorities who are admitted will actu- movement to ensure that the de facto con- numbers: 2 percent black, 9 percent ally enroll, it has sat idly while its current stu- travention of a Supreme Court decision does Hispanic, and 2 percent Asian Amer- dent body has done just the opposite—stu- not hinder the progress of this Nation. ican. I hope that we will resolve this dents hold campus-wide ‘‘bake sales’’ where f crisis in Texas. they give disparate prices to ethnic minori- Mr. Speaker, I rise today in dismay, dis- ties—‘‘brownies, 25 cents for whites, $2.00 for THE EUROPEAN UNION’S UNITED appointment, and ashamed as an American negroes—however, you can receive a rebate STAND AGAINST DRUG ABUSE and as a Representative of the State of by way of outreach and special scholarships.’’ The SPEAKER pro tempore (Mr. Texas—the ‘‘Lone Star State.’’ As a Member Its plan to increase its minority enrollment RENZI). Under a previous order of the of the House Judiciary Committee and as profile from the paltry ratio of 82 percent House, the gentleman from Indiana Representative of Texas’ 18th Congressional white, 2 percent black, 9 percent Hispanic, (Mr. SOUDER) is recognized for 5 min- District, I must remark at the proposal made and 3 percent Asian-American consists of out- utes. by Texas A&M University President Robert reach programs, identifying former students AN UNPRECEDENTED YEAR OF ACCOMPLISHMENT Gates last Thursday to remove race as a fac- from targeted high schools, and a scholarship BY CONGRESS tor in granting admission or scholarships to for first-generation college students whose Mr. SOUDER. Mr. Speaker, first be- the institution. I am extremely disappointed family income is $40,000 or less. Again, it fore I make the basic remarks I came that Texas A&M voted to adopt this policy shocks me that such a non-aggressive strat- down to the floor to make, I think it is change and that it even considered not fol- egy is chosen when the highest Court in important to make a couple of com- lowing the landmark precedent set by the America has made the statement that affirma- ments on the appropriations process Grutter v. Bollinger [University of] Michigan de- tive action is the most effective way to correct that has been, I believe, somewhat mis- cision. Refusing to follow the positive prece- the banes of disparate enrollment percent- represented in some of the comments dent of this case marks the maintenance of a ages. The problem and the ugly imbalance we have heard today. de jure racially imbalanced system, which is that we see today was caused, in part, by the I want to thank the gentleman from the wrong kind of message to send. very philosophy that disagrees with the bene- California (Chairman LEWIS) and his This large and prominent university already fits of using race as a factor in admissions. subcommittee, the gentleman from suffers from a significantly disparate racial stu- Ironically, the clearest case of ignoring this Florida (Chairman YOUNG) of the full dent body ratio—for Fall 2003, the ratio was Nation’s efforts to eradicate racial injustice in committee, our esteemed late col- 82 percent white, 2 percent black, 9 percent education has occurred in the State of Texas. league Mr. Skeen, who all understood Hispanic, and 3 percent Asian-American. In Orlando, Florida, Governor Bush’s ‘‘One that the appropriations process is ex- Changing its admissions policy to remove race Florida’’ plan, an admissions policy program tremely difficult. We all come in with as a factor will almost certainly yield even that eliminates quotas for minority college en- all these requests. We believe that ev- lower diversity. it would take a tremendous rollment, fell short of being an effective re- erybody else’s requests are pork except amount of outreach and quite a few ‘‘special placement for race-based admissions, accord- for ours. We try to have a budget reso- scholarships’’ to correct this trend. When this ing to a study conducted by Harvard Univer- lution that we try to hold everybody Nation’s highest court pronounced that race sity. The study showed that the number of mi- in. This year we were fairly successful, could be used as one of many factors in ad- nority students enrolled in Florida’s colleges but when we have the war in Iraq and missions and scholarships, the University of and universities had mostly stayed the same other pressures, we inevitably go over. Texas, Rice University, and several other or increased slightly since the 1999 initiative I had been a staffer for many years and Texas institutions quickly implemented this went into effect. then a Member of Congress. I do not

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00138 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.132 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12885 know when we have ever been within which ‘‘coffee shops’’ would only be al- tleman from Hawaii (Mr. CASE) is rec- the budget guidelines, and we have lowed to sell drugs to Dutch residents ognized for 5 minutes. done better than normal. as part of its obligation to dissuade (Mr. CASE addressed the House. His But the impression has been given tourists from going to Amsterdam for remarks will appear hereafter in the that somehow this was an unprece- drugs. Under his proposal, only Dutch Extensions of Remarks.) dented, terrible thing and it was just residents with identity cards would be f Republicans and we jammed it. The un- allowed to use the cannabis cafes. This The SPEAKER pro tempore. Under a fortunate sad truth is if it was just Re- move would protect Americans visiting previous order of the House, the gen- publicans, this bill would have failed Amsterdam from the dangers of engag- tleman from California (Mr. WAXMAN) today because we had a bunch of Re- ing in drug abuse. Currently, foreign is recognized for 5 minutes. publicans who did not back the Repub- tourists, including Americans, make up (Mr. WAXMAN addressed the House. lican conference report. What we had about 40 percent of ‘‘coffee shop’’ sales His remarks will appear hereafter in were 58 Democrats who voted for this in Amsterdam, according to the Lon- the Extensions of Remarks.) bill. Nearly one-third of the Demo- don Times. f cratic Party backed a bill that was just I also hope that this agreement will described as an awful, bipartisan, un- further our international efforts to The SPEAKER pro tempore. Under a precedented effort, backed, by the way, control the trafficking of ecstasy and previous order of the House, the gen- by one-third of the Democrats. So I other dangerous synthetic drugs. In re- tleman from New Jersey (Mr. HOLT) is think it is really important to make cent years, traffickers have set up recognized for 5 minutes. (Mr. HOLT addressed the House. His sure in the RECORD that the things that their illegal manufacturing operations remarks will appear hereafter in the the gentleman from Illinois (Speaker in countries, predominantly the Neth- Extensions of Remarks.) HASTERT) talked about today were, yes, erlands, and also to some degree in Bel- very tough votes in many cases, took gium, in the hopes of avoiding tough f us a while to close the Medicare vote, penalties if they are caught. This HONORING CONGRESSMAN JOE but, in fact, it was an unprecedented agreement should send a clear signal to SKEEN the drug cartels that Europe and the year of accomplishment both in the The SPEAKER pro tempore. Under Committee on Appropriations by the U.S. will continue to work together to break up these international drug the Speaker’s announced policy of Jan- authorizers and in most cases, in al- uary 7, 2003, the gentlewoman from most every case, a bipartisan effort in rings. New Mexico (Mrs. WILSON) is recog- spite of the fact that often the Demo- Furthermore, I am encouraged that the Netherlands has also agreed to in- nized for 60 minutes as the designee of cratic leadership pleaded with their the majority leader. Members not to make it bipartisan, but crease its sanctions for the possession they saw the merits of the bill, and of small quantities of marijuana to a GENERAL LEAVE year from 1 month. These are impor- today 58 Democrats voted for this con- Mrs. WILSON of New Mexico. Mr. tant steps in the Netherlands that I ference report. Speaker, I ask unanimous consent that I have at times been a critic of some hope will eventually lead to stiffer pen- all Members may have 5 legislative of the drug policies of Europe, and I alties for all drug abuse. days within which to revise and extend It is increasingly clear that every na- wanted to rise today and recognize and their remarks and to submit state- tion must play a role in educating the applaud the European Union for agree- ments on my special order. public as to why drug abuse is harmful ing to toughen antidrug laws and urg- The SPEAKER pro tempore. Is there and in preventing drug addiction. As ing actions to end drug tourism on the objection to the request of the gentle- long as one country tolerates the pro- continent. woman from New Mexico? duction, sale, or distribution of any il- After more than 2 years of negotia- There was no objection. legal drugs, other nations, commu- tions, EU ministers reached a land- Mrs. WILSON of New Mexico. Mr. nities, and families are vulnerable to mark agreement on November 27 to Speaker, this is what is called special the threats caused by drug abuse that toughen antidrug laws and to har- orders, and it is an opportunity for is easily transported across borders. monize the continent’s laws to make Members to come to the floor of the The EU’s commitment to not tolerate the bloc more efficient in the fight House and talk about a particular drug abuse and drug tourism protects against illegal drugs. The laws cover topic, and today it is our sad duty to not only the families and communities all types of drug dealing, ranging from honor a friend and colleague of many of Europe but also the families and local networks to large-scale inter- in this House. Congressman Joe Skeen communities here and elsewhere in the national operations. passed away last night in Roswell, New Under the agreed rules, offering, sell- world. Mexico, after a long battle with Par- Again, I applaud this agreement and ing, or producing drugs would be sanc- kinson’s disease, and this is an oppor- look forward to working with these and tioned with maximum jail terms of at tunity tonight for many of his friends other countries to strengthen inter- least 1 to 3 years. In cases involving to come to honor him. national drug laws and to protect chil- large-scale international drug traf- Mr. Speaker, Joe Skeen retired in dren from the dangers of drug abuse ficking, sanctions should be at least 5 January of this year after 22 years of and addiction. to 10 years. Member states also agreed service in the House, and the 2nd Dis- on a declaration stressing the impor- f trict of New Mexico is now represented tance of fighting drug tourism. The SPEAKER pro tempore. Under a by the gentleman from New Mexico The EU’s united stand against drug previous order of the House, the gentle- (Mr. PEARCE), my good friend, and I abuse strengthens global efforts to pre- woman from Florida (Ms. HARRIS) is yield to the gentleman from southern vent drug abuse and to put away drug recognized for 5 minutes. New Mexico. pushers and others including terrorists (Ms. HARRIS addressed the House. Mr. PEARCE. Mr. Speaker, I thank who financially benefit from destruc- Her remarks will appear hereafter in the gentlewoman from New Mexico for tive drug addiction. It is disappointing the Extensions of Remarks.) organizing this tribute. that the EU agreement will allow the f The Nation has lost a leader, and so-called ‘‘coffee shops’’ in the Nether- The SPEAKER pro tempore. Under a New Mexico has lost a friend. Joseph lands where marijuana can be legally previous order of the House, the gentle- Richard Skeen was born in Roswell, abused to remain open. I am, however, woman from California (Ms. WATSON) is Chaves County, New Mexico, June 30, encouraged that the Netherlands is in- recognized for 5 minutes. 1927. He was an Aggie. He attended vestigating possible approaches that (Ms. WATSON addressed the House. Texas A&M University and graduated would end U.S. drug tourism to Am- Her remarks will appear hereafter in with a bachelor of science degree in sterdam. the Extensions of Remarks.) 1950. He served the country honorably Dutch Justice Minister Piet Hein f in the United States Navy from 1945 to Donner has stated that the Netherlands The SPEAKER pro tempore. Under a 1946, and then I do not know what hap- Government is considering rules under previous order of the House, the gen- pened. I think he saw the light because

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00139 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.133 H08PT1 H12886 CONGRESSIONAL RECORD — HOUSE December 8, 2003 he joined the United States Air Force assistance for those people who needed think, with all due respect, he loved Reserve and served from 1949 to 1952. help with Social Security, veterans’ Texas as much as he loved New Mexico, But the real light that he saw in his medical care programs, immigration because he loved coming to Texas. He life was Mary Helen Jones, whom he assistance, and a host of other govern- came at a particularly tough time in married November 17, 1945. Their two ment programs and services. my campaign and just wowed the folks children, Elisa Livingston, and her son, Joe fulfilled his ombudsman role ea- in Houston, Texas. Ross; Mikell Lee Skeen and his wife, gerly and efficiently with the help of He wowed them through his incred- the former Gail Edwards, their two his capable and effective staffs in ible wit. He was one of the funniest sons, Clint and Tyler, all deserve our Washington, Roswell, and Las Cruces. men I knew. In his wit, he always had thoughts and our prayers. He was tremendously respected. His a point he was trying to make, and He began to serve immediately in po- friendly demeanor and quiet sense of somebody ought to really write a book, sitions throughout the State that re- humor seemed to disarm those folks a compilation of Joe Skeen’s speeches, flected his agriculture desires and his with grudges and helped all citizens re- because they were poignant, they were agriculture background. He became a alize that by working together, we can to the point, but, at the same time, member of the New Mexico State Sen- solve the people’s problems. Joe used they had a wonderful American flavor ate in 1960 and served until 1970. He to say, let us talk about what we can and an American wit that was so Joe served as chairman of the New Mexico agree on and work from there. Skeen. Republican Party from 1962 to 1965. In Some of the popular quotes in New From that day forward, Joe Skeen 1980 he was just the second candidate Mexico from Mr. Skeen were: ‘‘The became a very dear friend of mine, as to be elected on a write-in vote to the chances of that happening are between he is a friend to every Member of this United States House of Representa- slim and none, and slim just left House. He never met a person he did tives. He was elected to attend suc- town.’’ not like, and he never met a person he ceeding terms in Congress and did re- ‘‘Do not tell me about what you dis- did not make a friend out of. The man tire January 3, 2003, at the end of the agree with me on. Tell me where you was a stalwart in this House. Whenever 107th Congress. and I agree, and let’s work from you needed something, you could al- He was the longest-serving Member there.’’ ways go to Joe Skeen, and he would do from New Mexico to the House of Rep- ‘‘Before I leave this earth, I hope the everything in his power to see that it resentatives, serving 22 years. Mr. Good Lord gives me the opportunity to was accomplished. Skeen lost two of the closest guber- serve as a member of the majority Joe Skeen had the incredible char- natorial races that the State of New party in Congress.’’ That opportunity acter and integrity and moral strength Mexico has ever seen in 1974 and again came to Mr. Skeen. that Members drew from. In his later in 1978. Mr. Skeen’s seniority, built up About his ranch he said, ‘‘We raise years, when he got that dreadful Par- by his long tenure in the House of Rep- cattle for prestige, and we raise sheep kinson’s disease, he was in here on the resentatives, accounted for his ranking for profit.’’ floor suffering from that disease and by Roll Call Magazine in 2000 as one of And, finally, ‘‘I will be forever in- still doing his job to the very last the ten most powerful Members in the debted to those actions of those many minute. And it shows. 435–Member U.S. House of Representa- citizens who stood in line until mid- The man was committed to his con- tives. night to write my name in the congres- stituency in New Mexico. He loved the Mr. Skeen was the first New Mexico sional ballot. I will never forget and people of New Mexico, and I had a great House Member to serve on the House will work hard to make sure their time in going out and campaigning for Committee on Appropriations and later views are heard in the House of Rep- Joe Skeen, because you could see his served as chairman of two of the most resentatives.’’ real love for the land, for the ranchers powerful subcommittees that affect The people of New Mexico will never and farmers, for New Mexico. He really New Mexico, the Agriculture, Rural forget Mr. Skeen. He is a man of the had a strong, strong feeling for the peo- Development, Food and Drug Adminis- people. The people in the 2nd District ple that he served, and he had a serv- tration, and Related Agencies Sub- have expressed their love and concern ant’s heart. committee of the Committee on Appro- as I traveled the district this year cam- He was a man that we will sorely priations and the Interior Sub- paigning to replace Mr. Skeen. And as miss, and we have already missed him committee of the Committee on Appro- I won the office, I realized that no one this year. Joe Skeen is one of those priations. Mr. Skeen was influential in can replace Mr. Skeen. I can simply fill very special characters that very sel- the sponsorship, support, and passage the spot that he was in. dom come through this House, that has of the Waste Isolation Pilot Plant, one As I took my place in this national enriched the House, has enriched this of the premier DOE facilities in the Na- Congress and heard from his many Nation. He is a true, true leader that tion located in the 2nd District of New friends, I realized that he was just as will be sorely missed. Mexico. Mr. Skeen was the primary respected nationally as he was in the So to Mary and his family we give all sponsor of many legislative projects State. The State has lost a friend. The our sympathy, and hope they will un- benefitting New Mexico State Univer- Nation has lost a leader. Joe Skeen was derstand how much we miss him and sity, New Mexico Tech, Holloman Air our friend. the legacy that he has left by serving Force Base, and White Sands Missile in this House. We greatly appreciate Range. New Mexico began to recognize b 1845 the service and character of the man its favorite son even before today. New Mr. Speaker, I yield to the gentleman Joe Skeen. Mexico Tech named their library after from Texas (Mr. DELAY), the distin- Mrs. WILSON of New Mexico. Mr. Joe Skeen. New Mexico State Univer- guished majority leader. Speaker, I yield to the gentleman from sity named their new agriculture re- Mr. DELAY. Mr. Speaker, I appre- California (Mr. LEWIS), a dear friend of search building after Joe and Mary ciate the gentlewoman coming down Joe Skeen over the years, the chair- Skeen. Chaves County named their new and holding this Special Order in mem- man of the Committee on Appropria- administrative building after Joe ory of Joe Skeen, and I appreciate the tions Subcommittee on Defense, who Skeen. The State of New Mexico has comments of the gentleman from New served alongside Joe as one of the named Highway 70 the Joe Skeen High- Mexico (Mr. PEARCE). That was a very other cardinals. way. wonderfully put eulogy for an incred- Mr. LEWIS of California. Mr. Speak- Mr. Skeen was a strong supporter of ible man. er, I thank the gentlewoman from New rural New Mexico and all its require- I met Joe Skeen for the first time Mexico, who has put together this ments: roads, schools, medical care, when I first ran for office in 1984 in a time, and the gentleman from New electricity, and water and sewage primary. It was a big primary, a lot of Mexico (Mr. PEARCE), Joe’s colleague treatment plants. He was impartial Republicans running. Joe Skeen came and friend from their own district in when it came to serving the people of in on my behalf and really did not beautiful downtown New Mexico. New Mexico. He served them all. His of- know me from Adam. He had heard It is a sad moment for me to come fices in New Mexico provided critical about me. He loved Texas A&M. I and attempt in a few moments to share

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00140 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.139 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12887 with the family and friends of Joe the enough to go about getting elected to upon prioritizing the way our appro- impact he has had on my life, the Con- the United States Congress by way of priation dollars impact farmers, not gress of the United States, and, indeed, write-in vote? To say the least, it is just in New Mexico, but also in the upon, I think, people way beyond his tough enough to get elected, but to country. wonderful State. have enough people care about you and There is a great building in Sac- Joe was a giant, great man who cared know of your leadership skills to actu- ramento that reminds me of the last so much for the work of public affairs ally drive hard enough to get people to trip I took to New Mexico to be with that it took every bit of his being to write your name in to be successful in Joe. This great Federal building in impact those issues that were so im- races that are so intensely sought Sacramento has on the face of it a portant to his people; a phenomenal after? statement to be remembered by those guy who I came to know early upon his Joe reminds me in many, many ways who think about Joe forever. It says, career by way of introduction from a of his sense of humor by the dealings ‘‘Bring me men to match my moun- mutual friend, Kevin Billings, who we had on another venture. We used to tains.’’ That last trip that took me to said, ‘‘Jerry, you have got to meet this kid each other about Mexican food, be- Joe’s hometown was for the dedication guy, because he is a guy who ought to cause, you know, frankly I think those of a Federal building there, and I would be on your Committee on Appropria- people, citizens of Mexican descent in hope that the people of New Mexico, tions,’’ a committee that I love. From our country, who are of the best lines whenever they go and look at that Fed- that moment on, as Joe and I began to come from beautiful downtown Cali- eral building or have business there, get to know each other, many of us fornia, and he thought in turn that our will remember just how great this man worked to see that he early on took a food could not begin to compare in was. spot on that committee. terms of Mexican food with that of New If we, indeed, have had a Will Rogers During his service there, as has been Mexico. So we challenged each other of modern days, Joe Skeen of New Mex- said, both first as a member, but, be- about that, first lightly, and he talked ico is that Will Rogers; and indeed he is yond that, as chairman of the sub- about his tamales early on and I was the mountain of a man who has come committee that deals with agriculture, talking about enchiladas and tacos, et from New Mexico. Mrs. WILSON of New Mexico. Mr. so important to his State, the Sub- cetera. I just could not believe the Speaker, I thank the gentleman. committee on Interior, Joe dem- tacos they produced in Washington, Mr. Speaker, I am pleased to yield to onstrated his unusual capability to mix DC. my colleague from northern New Mex- the demands and needs of his own peo- But in this challenge, we began to in- ico (Mr. UDALL). ple with those requirements of mem- vite friends, first it was just our two (Mr. UDALL of New Mexico asked bers of his subcommittee, as well as staffs together, and then we would get and was given permission to revise and the needs and priorities of the country. people down the hall, and the program extend his remarks, and include extra- He is going to be sorely missed by his became a regular annual event called neous material.) wife, Mary, and his son and daughter. I ‘‘Tamales on the Terrace.’’ Mr. UDALL of New Mexico. Mr. want them to know that he will be The family of Joe Skeen goes beyond Speaker, I thank the gentlewoman for missed just as much, every bit as just the family we have mentioned yielding. much, by the people who work in this here. The family also involves Selma Mr. Speaker, both my wife, Jill, and House. Sierra, who was the person who was in I were saddened to learn about Joe’s Shortly after I met Joe, I became en- charge of helping us put together death. Joe Skeen served New Mexico amored of his sense of humor. While we Tamales on the Terrace. The terrace, with distinction and dedication. During all know of him as a great man, we also by the way, is just outside the back the 4 years we served together in Con- know of his immense capability. When door of my office, and it looks at the gress, I found Joe to be a true gen- you would have a tendency to take Capitol and a couple of other buildings. tleman and statesman. yourself perhaps a bit too seriously, by The last time we held this gathering, One of the stories that I like to tell a kind of twist of a word, a sleight of we had to turn people away. There about Joe Skeen was how he got here. hand almost, his sense of humor would were 300 or 400 people there the last 2 He was only the third Member of the bring you back to the real world, where or 3 years. The last event was a very, House in the history of this House to be we can find solution by way of com- very special event indeed, because we elected by a write-in vote. promise in this House, for, no doubt were especially attempting to pay trib- My wife was the Deputy Attorney about it, when we finally get our best ute to Joe Skeen as he was getting pre- General, and she was assigned to rep- work done, it is work that is done with pared to leave the Congress. resent the State of New Mexico and the men and women challenging each Suzanne Eisold, his administrative Secretary of State in the legal case other, measuring the pros and cons assistant, was a person who my wife, that determined that he had to be a that lead to solution, and compromise who helps me run my own office, has write-in. There was only a Democrat is absolutely a requirement. worked very closely with, for she on the ballot. He was beloved by New I remember when Joe first came to helped put wheels on both of our oper- Mexicans, and my wife and I were in me, we were talking about a couple of ations. To be successful in this busi- the court that day when there was a his problems and discussing the fact ness you need help; and, without any ruling. that when he was first involved in poli- doubt, he had that extra special qual- Representative Skeen understood tics, there were not too many Repub- ity of attracting the best of people that she had a job to do. He respected licans available in his territory in New around him to make sure that the best that. He never held it against us. He Mexico. He kind of smiled when he told of work was done on behalf of his own was always a gentleman. He had a me they held their meetings in a tele- people and the causes he was concerned great sense of humor; and he knew, be- phone booth. In the old days in San with. cause he was so loved in the State, that Bernardino County in California, many It has been said that appropriators whether he got on the ballot or not, he a person suggested to me that if I real- are the people around here who must was going to get elected, which in fact ly wanted to be in politics, I had better get their work done, because, without he did. find a party other than the Republican it, government cannot continue; and One of the things I respected about Party, for similarly we had a telephone often times controversy stops many a him the most was his bipartisanship; booth that did not have very much bill around here. and I think every Member of Congress, room in it. Well, Joe was one of those work- Democrat and Republican, every Mem- Joe demonstrated clearly that he was horses who was able to get the tough- ber of this House, loved him for that. going to make a difference in his State est of business done in the appropria- He loved this institution. He had a and his party in his State. It has been tions process. His bills went to the great sense of humor. He did not take suggested by Steve and others that he President’s desk and successfully had a this place where we do the serious busi- ran those very, very close races and al- huge impact upon the future of Amer- ness of the country too seriously, and most became Governor of the State of ica’s public lands by way of interior, he would always have a good story or a New Mexico. Well, what guy is good and certainly had a fantastic impact quip.

VerDate jul 14 2003 05:44 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00141 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.141 H08PT1 H12888 CONGRESSIONAL RECORD — HOUSE December 8, 2003 I just want to say to Mary, the chil- Joe Skeen, you always knew where he with him over the years, and to the dren and the rest of the family that all would sit, in the back row in the far wonderful people of New Mexico who of us in the House of Representatives right, over in the corner. He was there, were served so well by him. that served with him loved him very no matter what. And during the State Mr. EVANS. Mr. Speaker, I would like to re- much, and we send Mary and his family of the Union one year, I heard a big member my friend and former colleague, Con- our heart-felt condolences. ‘‘yippee’’ and a whistle from the back gressman Joe Skeen, who passed away re- Jill and I were saddened to learn about right corner of this room, and everyone cently in his home State of New Mexico. Joe’s death. Joe Skeen served New Mexico in the whole room knew it was Joe Mr. Skeen was truly a giant in New Mexico with distinction and dedication. During the 4 Skeen. There is probably only one guy politics, serving 22 years and entering the years we served together in Congress, I found who can whistle and ‘‘yippee’’ like class just before mine. His is a great story of Joe to be a true gentleman and statesman. that, and who had the guts to do it on a rancher who won his first term through a It is difficult to capture with words the impact the floor of the House of Representa- write-in campaign and continued to win the and significance that Joe has meant, not only tives during the State of the Union. next 10 terms. to New Mexicans, but to the citizens of the Joe Skeen said what he thought, and I will remember Joe’s work, especially on United States and the institution of the Con- he said it in a direct way, and he stuck Parkinson’s disease. He and I worked together gress as well. During his tenure as New Mexi- by his guns. He kept his word. He was as co-chairs of the Congressional Working co’s longest serving U.S. House Member, he a gentleman of the West. Group on Parkinson’s Disease. Although we built a dedicated and talented staff on Capitol When I was elected, I came here in a differed on many issues, Joe and I agreed on Hill. He was renowned for his tireless work on special election, and I had only 17 the importance of working to eradicate this behalf of agrarian interests. Although he didn’t hours between when they counted the disease. We have both been personally af- get the credit he deserved, he also helped last votes and when I was on an air- fected by it. steer millions of Federal dollars to our State. plane to fly here to Washington with I am glad that Joe was able to spend time I was proud to work with Joe on legislation my family. I did not even know where with his family on his beloved ranch after serv- that helped return mineral rights to Acoma my predecessor’s office was or how to ing a long and distinguished career. He will be Pueblo. That bill, now Federal law, was easily get a key. There was a reception after missed by us on both sides of the aisle for his steered through Congress by Joe’s knowledge the swearing in here on the House floor candor and hard work on issues of importance of the legislative process. While we were ulti- in Joe Skeen’s Agriculture appropria- to New Mexicans and all Americans. mately not as successful as we would have tions room. I was completely lost and Mr. CROWLEY. Mr. Speaker, I would like to liked, we also fought together to change the somebody helped me find this recep- take this time and commemorate the life of dairy sections of the 2002 farm bill that were tion, and my vote card was not even former New Mexico Representative Joe unfair to our State’s strong milk and cheese cool from the laminating machine Skeen. Joe lost his battle with Parkinson’s dis- industry. Through it all, I enjoyed working with when those bells went off. Not only did ease on Sunday at the age of 76, and I would him every step of the way. I not know what I was supposed to do, like to send my deepest condolences to his Throughout his years of service, he was a I had no idea where I was or where I wife and family. model of integrity and truth. The way he ap- was supposed to go or how to get there. Joe was elected into the halls of Congress proached his job is the way every elected offi- And Joe Skeen said, ‘‘Come on, gal, in 1980 as a write-in candidate. He served 11 cial should—as a highly principled individual you are coming with me.’’ And for the terms which was more than any other New who stuck to his beliefs. He walked his talk. next 5 years of my service here, so Mexico Member of Congress has ever served. While we didn’t agree on everything, he al- many times I was with him. He was chairman of the Interior and Related ways did what he believed in his heart to be In 1960 when Joe Skeen started out in Agencies Subcommittee of the Appropriations true, and he always worked in a bipartisan the State Senate, I was not even born, Committee, and accomplished much during way to accomplish important work. but he took responsibility for the stew- his tenure for New Mexico and our great Na- His good will and sense of humor will be ardship of the next generation of young tion. I had the honor of working with Joe for missed by all who knew him. We send our legislators from New Mexico. a long time, and know of his love for the open sympathy to his family and friends. Joe Skeen was a physical man. He lands of the western U.S. Mrs. WILSON of New Mexico. Mr. was a rancher and a flyer and a cow- As a Member of Congress, I honor Joe and Speaker, I thank my colleague from boy, and that made it particularly hard mourn his passing, but also celebrate his life northern New Mexico. for his friends and staff and family to and his achievements. Mr. Speaker, all of us are going to see the ravages of Parkinson’s in his Joe will forever be missed in the House of miss Joe Skeen. All of us have our Joe later years. Representatives, in his great State of New Skeen stories and things that make us There is a statue here in the House. Mexico and in this country, which he loved so chuckle when we are walking around It is in the hallway between this new much. this place remembering him. modern Chamber that we use today and Mr. BONILLA. Mr. Speaker, it is with heavy Joe was a sheep rancher. He has a the old House. It is a statue of Will heart I submit the following statement. Chair- ranch between Ruidoso and Roswell in Rogers. Will Rogers was a man who un- man Joe Skeen, our former colleague form the the Hondo River Valley, which is a derstood the American spirit, a man State of New Mexico, passed away on Sunday long way from just about everywhere. who loved his country deeply, a man evening due to complications from Parkinson’s In fact, his ranch is 17 miles from pave- with a tremendous dry sense of humor disease. ment in the rural part of New Mexico. that caused us to understand ourselves Chairman Joseph ‘‘Joe’’ Richard Skeen was so much better. Joe Skeen was a lot born in Roswell, Chaves County, NM, June b 1900 like Will Rogers, and whenever I walk 30, 1927, and graduated from O’Dea High In a lot of ways, Joe was a man of the by that statue, I will always think of School in Seattle, WA, in 1944. He went on to West, a gentleman. He loved New Mex- Joe. receive a B.S. from Texas A&M University in ico, loved its rural way of life, and Humor is a bridge between people 1950. After fulfilling a commitment to the fought in this body for those ways of over the things that divide us, and Joe United States Navy and spending time in the life to be protected. He opposed grazing Skeen had so much of it. I once walked United States Air Force Reserve, Joe turned fee increases and defended property up to him on the floor of this House his sights to public service and the causes of rights and water rights. And even while and I said to him, my son was 5 years the rural residents of the State of New Mexico. he served here in the Congress and got old at the time, and I said, Joe, my son Joe served his State as a member of the New accustomed to wearing soft-soled shoes Joshua thinks he wants to be a farmer, Mexico State Senate, chairman of the New on these granite floors instead of his and Joe said, well, you send him to me, Mexico Republican Party, and as a delegate preferred cowboy boots, he continued I will knock some sense into him. to both the New Mexico and National Repub- to ride and work the ranch with Mary There is no money in it. And we had a lican conventions numerous times from 1962 and the kids and just one hired hand. good laugh. Everyone in this body has to 1970. In 1980 Joe was elected to the 97th I can remember times here when they had a good laugh with Joe Skeen. Congress as a write-in candidate, only the were doing State of the Union, and Joe Our thoughts and prayers go out to- third in history. Chairman Skeen served longer always sat in the same place in this night to Mary, to his children, the than any other New Mexican in the House of House. Whenever you needed to find many staff members who have worked Representatives, from 1981 to 2000. He was

VerDate jul 14 2003 05:44 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00142 Fmt 0636 Sfmt 9920 E:\CR\FM\K08DE7.142 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12889 also the first New Mexican to serve on the The Clerk read the title of the Senate State or unit of general local government House Appropriations Committee, and served bill. designated under section 216. with distinction as the chairman of both the The SPEAKER pro tempore. Is there ‘‘(4) STATE.—The term ‘‘State’’ means any objection to the request of the gen- State of the United States and the District Agriculture and Interior Subcommittees. of Columbia. A great family, a fine State, and a grateful tleman from Iowa? ‘‘(b) GRANT AUTHORITY.—The Secretary Nation all lost a wonderful champion, col- There was no objection. may award grants to participating jurisdic- league and friend on Sunday. Joe will be The Clerk read the Senate bill, as fol- tions to assist low-income families to missed often and I hope that we who continue lows: achieve homeownership, in accordance with in his place, may carry on the tradition of car- S. 811 this section. ing and service, which Chairman Skeen truly Be it enacted by the Senate and House of Rep- ‘‘(c) ELIGIBLE ACTIVITIES.— exemplified. resentatives of the United States of America in ‘‘(1) IN GENERAL.— Mr. ORTIZ. Mr. Speaker, I rise to join my Congress assembled, ‘‘(A) DOWNPAYMENT ASSISTANCE.—Subject colleagues in fond memories of our friend and SECTION 1. TABLE OF CONTENTS. to subparagraph (B), grants awarded under The table of contents for this Act is as fol- this section may be used only for downpay- colleague, Joe Skeen, easily one of the most ment assistance toward the purchase of sin- even-handed, honest, fair legislators elected to lows: Sec. 1. Table of contents. gle family housing (including 1 to 4 unit fam- the House of Representatives. ily dwelling units, condominium units, coop- Joe was only a little more senior than me, TITLE I—DOWNPAYMENT ASSISTANCE erative units, and manufactured housing but his route here was considerably more en- Sec. 101. Short title. units which are located on land which is tertaining than most of ours. Joe was elected Sec. 102. Downpayment assistance initia- owned by the manufactured housing unit as a write-in candidate over another write-in tive. owner, owned as a cooperative, or is subject candidate and the nephew of the sitting gov- TITLE II—INTERGENERATIONAL to a leasehold interest with a term equal to ernor. He made history, becoming the third HOUSING ASSISTANCE at least the term of the mortgage financing on the unit, and manufactured housing lots) Member ever to win election to Congress with- Sec. 201. Short title. Sec. 202. Definitions. by low-income families who are first-time out being on a ballot. Sec. 203. Demonstration program for elderly home-buyers. For the next 22 years, Joe served with us housing for intergenerational ‘‘(B) HOME REPAIRS.—Not more than 20 per- in Congress, making excellent representation families. cent of the grant funds provided under sub- for his home district in New Mexico the stand- Sec. 204. Training for HUD personnel regard- section (d) to a participating jurisdiction ard of his service. He chaired the Appropria- ing grandparent-headed and rel- may be used to provide assistance to low-in- tions Subcommittee on Agriculture and Rural ative-headed families issues. come, first-time home-buyers for home re- Development. Those he represented in New Sec. 205. Study of housing needs of grand- pairs. parent-headed and relative- ‘‘(2) LIMITATIONS.— Mexico could have had no better steward in headed families. ‘‘(A) AMOUNT OF ASSISTANCE.—The amount Congress. TITLE III—ADJUSTABLE RATE SINGLE of assistance provided to any low-income He was tireless in representing the needs of FAMILY MORTGAGES AND LOAN LIMIT families under paragraph (1) shall not exceed ranchers and farmers in his role as an appro- ADJUSTMENTS the greater of— priations cardinal. Sec. 301. Hybrid arms. ‘‘(i) 6 percent of the purchase price of a sin- Joe was my friend, and he was my neighbor Sec. 302. FHA multifamily loan limit adjust- gle family housing unit; or on the third floor of Rayburn where we would ments. ‘‘(ii) $10,000. ‘‘(B) PARTICIPATION.—A participating juris- often visit in each other’s office. TITLE IV—HOPE VI PROGRAM He spoke Spanish, and he spoke the all-im- diction may not use any amount of a grant REAUTHORIZATION awarded under this section to provide fund- portant language of bipartisanship. Joe Skeen Sec. 401. Short title. ing to an entity or organization that pro- was the best example of how a member of Sec. 402. Hope VI program reauthorization. vides downpayment assistance if the activi- this House should comport themselves in any Sec. 403. Hope VI grants for assisting afford- ties of that entity or organization are fi- circumstance. He did more than just talk the able housing through main nanced in whole or in part, directly or indi- talk, he walked the walk on bipartisanship, an street projects. rectly, by contributions, service fees, or art often lost in the House of Representatives TITLE V—COMMUNITY DEVELOPMENT other payments from the sellers of housing. today. BLOCK GRANTS ‘‘(d) FORMULA ALLOCATION.— He was a pragmatist, and he was a guy Sec. 501. Funding for insular areas. ‘‘(1) IN GENERAL.—For each fiscal year, the who really enjoyed life, teasing colleagues and TITLE I—DOWNPAYMENT ASSISTANCE Secretary shall allocate any amounts made available for assistance under this section to SEC. 101. SHORT TITLE. playing practical jokes. He was truly a gen- each State that is a participating jurisdic- This title may be cited as the ‘‘American tleman, and he made our work here in the tion in an amount equal to a percentage of Dream Downpayment Act’’. halls of Congress more pleasant when he was the total allocation that is equal to the per- involved. SEC. 102. DOWNPAYMENT ASSISTANCE INITIA- centage of the national total of low-income I join my colleagues here in the House in of- TIVE. households residing in rental housing in the (a) DOWNPAYMENT ASSISTANCE INITIATIVE.— State, as determined on the basis of the most fering our collective and individual sympathies Subtitle E of title II of the Cranston-Gon- to Joe’s wife Mary and their two children. The recent census data compiled by the Bureau zalez National Affordable Housing Act (42 of the Census. House has been a poorer place for Joe’s ab- U.S.C. 12821) is amended to read as follows: ‘‘(2) PARTICIPATING JURISDICTIONS OTHER sence. He was a great legislator and an ex- ‘‘Subtitle E—Other Assistance THAN STATES.— ceptional man. ‘‘SEC. 271. DOWNPAYMENT ASSISTANCE INITIA- ‘‘(A) IN GENERAL.—Subject to subparagraph f TIVE. (B), for each fiscal year, of the amount allo- ‘‘(a) DEFINITIONS.—In this section: cated to each State under paragraph (1), the AMERICAN DREAM DOWNPAYMENT ‘‘(1) DOWNPAYMENT ASSISTANCE.—The term Secretary shall further allocate from such ACT ‘‘downpayment assistance’’ means assistance amount to each participating jurisdiction lo- Mr. LEACH. Mr. Speaker, I ask unan- to help a family acquire a principal resi- cated within such State an amount equal to imous consent to take from the Speak- dence. the percentage of the allocation made to the er’s table the Senate bill (S. 811) to ‘‘(2) HOME REPAIRS.—The term ‘‘home re- State under paragraph (1) that is equal to support certain housing proposals in pairs’’ means capital improvements or re- the percentage of the State-wide total of pairs that— low-income households residing in rental the fiscal year 2003 budget for the Fed- ‘‘(A) are identified in an appraisal or home housing in such participating jurisdiction, as eral Government, including the down- inspection completed in conjunction with a determined on the basis of the most recent payment assistance initiative under home purchase; or census data compiled by the Bureau of the the HOME Investment Partnership ‘‘(B) are completed within 1 year of the Census. Act, and for other purposes, and ask for purchase of a home, and are necessary to ‘‘(B) LIMITATION.— its immediate consideration in the bring the housing into compliance with ‘‘(i) IN GENERAL.—Direct allocations made House. health and safety housing codes of the unit under subparagraph (A) shall be made to a The SPEAKER pro tempore (Mr. of general local government in which the local participating jurisdiction only if— housing is located, including the remedi- ‘‘(I) the participating jurisdiction has a RENZI). The Chair has been informed ation of lead paint or other home health haz- total population of 150,000 individuals or that this request has been cleared by ards. more, as determined on the basis of the most both leaderships under the Speaker’s ‘‘(3) PARTICIPATING JURISDICTION.—The recent census data compiled by the Bureau guidelines. term ‘‘participating jurisdiction’’ means a of the Census; or

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00143 Fmt 0636 Sfmt 0634 E:\CR\FM\A08DE7.149 H08PT1 H12890 CONGRESSIONAL RECORD — HOUSE December 8, 2003 ‘‘(II) the participating jurisdiction would Youth Act of 2003’’ or the ‘‘LEGACY Act of SEC. 203. DEMONSTRATION PROGRAM FOR EL- receive an allocation of $50,000 or more. 2003’’. DERLY HOUSING FOR ‘‘(ii) REVERSION.—Any allocation that SEC. 202. DEFINITIONS. INTERGENERATIONAL FAMILIES. would have otherwise been made to a partici- In this title: (a) DEMONSTRATION PROGRAM.—The Sec- pating jurisdiction that does not meet the (1) CHILD.—The term ‘‘child’’ means an in- retary shall carry out a demonstration pro- requirements of clause (i) shall revert back dividual who— gram (referred to in this section as the to the State in which the participating juris- (A) is not attending school and is not more ‘‘demonstration program’’) to provide assist- diction is located. than 18 years of age; or ance for intergenerational dwelling units for ‘‘(e) REALLOCATION.—If any amounts allo- (B) is attending school and is not more intergenerational families in connection cated to a participating jurisdiction under than 19 years of age. with the supportive housing program under this section become available for realloca- (2) COVERED FAMILY.—The term ‘‘covered section 202 of the Housing Act of 1959 (12 tion, the amounts shall be reallocated to family’’ means a family that— U.S.C. 1701q). other participating jurisdictions in accord- (A) includes a child; and (b) INTERGENERATIONAL DWELLING UNITS.— ance with subsection (d). (B) has a head of household who is— The Secretary shall provide assistance under ‘‘(f) APPLICABILITY OF OTHER PROVISIONS.— (i) a grandparent of the child who is raising this section only to private nonprofit organi- ‘‘(1) IN GENERAL.—Except as otherwise pro- the child; or zations selected under subsection (d) for use vided in this section, grants made under this (ii) a relative of the child who is raising only for expanding the supply of section shall not be subject to the provisions the child. intergenerational dwelling units, which of this title. (3) ELDERLY PERSON.—The term ‘‘elderly units shall be provided— ‘‘(2) APPLICABLE PROVISIONS.—In addition person’’ has the same meaning as in section (1) by designating and retrofitting, for use to the requirements of this section, grants 202(k) of the Housing Act of 1959 (12 U.S.C. as intergenerational dwelling units, existing made under this section shall be subject to 1701q(k)). dwelling units that are located within a the provisions of title I, sections 215(b), 218, (4) GRANDPARENT.— project assisted under section 202 of the 219, 221, 223, 224, and 226(a) of subtitle A of (A) IN GENERAL.—The term ‘‘grandparent’’ Housing Act of 1959 (12 U.S.C. 1701q); this title, and subtitle F of this title. means, with respect to a child, an individual (2) through development of buildings or ‘‘(3) REFERENCES.—In applying the require- who is a grandparent or stepgrandparent of projects comprised solely of ments of subtitle A referred to in paragraph the child by blood or marriage, regardless of intergenerational dwelling units; or (2)— the age of such individual. (3) through the development of an annex or ‘‘(A) any references to funds under subtitle (B) CASE OF ADOPTION.—In the case of a addition to an existing project assisted under A shall be considered to refer to amounts child who was adopted, the term includes an section 202 of the Housing Act of 1959 (12 made available for assistance under this sec- individual who, by blood or marriage, is a U.S.C. 1701q), that contains tion; and grandparent or stepgrandparent of the child intergenerational dwelling units, including ‘‘(B) any references to funds allocated or as adopted. through the development of elder cottage reallocated under section 217 or 217(d) shall (5) INTERGENERATIONAL DWELLING UNIT.— housing opportunity units that are small, be considered to refer to amounts allocated The term ‘‘intergenerational dwelling unit’’ freestanding, barrier free, energy efficient, or reallocated under subsection (d) or (e) of means a qualified dwelling unit that is re- removable dwelling units located adjacent to this section, respectively. served for occupancy only by an a larger project or dwelling. ‘‘(g) HOUSING STRATEGY.—To be eligible to intergenerational family. (c) PROGRAM TERMS.—Assistance provided receive a grant under this section in any fis- (6) INTERGENERATIONAL FAMILY.—The term pursuant to this section shall be subject to cal year, a participating jurisdiction shall ‘‘intergenerational family’’ means a covered the provisions of section 202 of the Housing include in its comprehensive housing afford- family that has a head of household who is Act of 1959 (12 U.S.C. 1701q), except that— ability strategy developed under section 105 an elderly person. (1) notwithstanding subsection (d)(1) of of the Cranston-Gonzalez National Afford- (7) PRIVATE NONPROFIT ORGANIZATION.—The that section 202 or any provision of that sec- able Housing Act (42 U.S.C. 12705) for such term ‘‘private nonprofit organization’’ has tion restricting occupancy to elderly per- fiscal year— the same meaning as in section 202(k) of the sons, any intergenerational dwelling unit as- ‘‘(1) a description of the anticipated use of Housing Act of 1959 (12 U.S.C. 1701q(k)). sisted under the demonstration program may any grant received under this section; (8) QUALIFIED DWELLING UNIT.—The term be occupied by an intergenerational family; ‘‘(2) a plan for conducting targeted out- ‘‘qualified dwelling unit’’ means a dwelling (2) subsections (e) and (f) of that section reach to residents and tenants of public unit that— 202 shall not apply; housing, trailer parks, and manufactured (A) has not fewer than 2 separate bed- (3) in addition to the requirements under housing, and to other families assisted by rooms; subsection (g) of that section 202, the Sec- public housing agencies, for the purpose of (B) is equipped with design features appro- retary shall— ensuring that grant amounts provided under priate to meet the special physical needs of (A) ensure that occupants of this section to a participating jurisdiction elderly persons, as needed; and intergenerational dwelling units assisted are used for downpayment assistance for (C) is equipped with design features appro- under the demonstration program are pro- such residents, tenants, and families; and priate to meet the special physical needs of vided a range of services that are tailored to ‘‘(3) a description of the actions to be young children, as needed. meet the needs of elderly persons, children, taken to ensure the suitability of families (9) RAISING A CHILD.—The term ‘‘raising a and intergenerational families; and receiving downpayment assistance under child’’ means, with respect to an individual, (B) coordinate with the heads of other Fed- this section to undertake and maintain that the individual— eral agencies as may be appropriate to en- homeownership. (A) resides with the child; and ‘‘(h) REPORT.—Not later than June 30, 2006, (B) is the primary caregiver for the child— sure the provision of such services; and the Comptroller General of the United States (i) because the biological or adoptive par- (4) the Secretary may waive or alter any shall submit a report containing a State-by- ents of the child do not reside with the child other provision of that section 202 necessary State analysis of the impact of grants award- or are unable or unwilling to serve as the to provide for assistance under the dem- ed under this section to— primary caregiver for the child; and onstration program. ‘‘(1) the Committee on Banking, Housing, (ii) regardless of whether the individual (d) SELECTION.—The Secretary shall— and Urban Affairs of the Senate; and has a legal relationship to the child (such as (1) establish application procedures for pri- ‘‘(2) the Committee on Financial Services guardianship or legal custody) or is caring vate nonprofit organizations to apply for as- of the House of Representatives. for the child informally and has no such sistance under this section; and ‘‘(i) SUNSET.—The Secretary shall have no legal relationship with the child. (2) to the extent that amounts are made authority to make grants under this Act (10) RELATIVE.— available pursuant to subsection (f), select after December 31, 2007. (A) IN GENERAL.—The term ‘‘relative’’ not less than 2 and not more than 4 projects ‘‘(j) RELOCATION ASSISTANCE AND DOWNPAY- means, with respect to a child, an individual that are assisted under section 202 of the MENT ASSISTANCE.—The Uniform Relocation who— Housing Act of 1959 (12 U.S.C. 1701q) for as- Assistance and Real Property Acquisition (i) is not a parent of the child by blood or sistance under this section, based on the Policies Act of 1970 (84 Stat. 1894) shall not marriage; and ability of the applicant to develop and oper- apply to downpayment assistance under this (ii) is a relative of the child by blood or ate intergenerational dwelling units and na- section. marriage, regardless of the age of the indi- tional geographical diversity among those ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— vidual. projects funded. There is authorized to be appropriated to (B) CASE OF ADOPTION.—In the case of a (e) REPORT.—Not later than 36 months carry out this section $200,000,000 for each of child who was adopted, the term ‘‘relative’’ after the date of enactment of this Act, the fiscal years 2004 through 2007.’’. includes an individual who, by blood or mar- Secretary shall submit a report to Congress TITLE II—INTERGENERATIONAL HOUSING riage, is a relative of the family who adopted that— ASSISTANCE the child. (1) describes the demonstration program; SEC. 201. SHORT TITLE. (11) SECRETARY.—The term ‘‘Secretary’’ and This title may be cited as the ‘‘Living Eq- means the Secretary of Housing and Urban (2) analyzes the effectiveness of the dem- uitably: Grandparents Aiding Children and Development. onstration program.

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00144 Fmt 0636 Sfmt 0634 E:\CR\FM\A08DE7.134 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12891

(f) AUTHORIZATION OF APPROPRIATIONS.— (1) by striking ‘‘110 percent’’ and inserting available to persons eligible for public hous- There are authorized to be appropriated ‘‘140 percent’’; and ing in markets where the plan shows there is $10,000,000 to carry out this section. (2) by inserting ‘‘, or 170 percent in high demand for the maintenance or creation of (g) SUNSET.—The demonstration program cost areas,’’ after ‘‘140 percent’’. such units; carried out under this section shall termi- (c) CATCH-UP ADJUSTMENTS TO CERTAIN ‘‘(K) the extent to which the plan gives to nate 5 years after the date of enactment of MAXIMUM MORTGAGE AMOUNT LIMITS.— existing residents priority for occupancy in this Act. (1) SECTION 207 LIMITS.—Section 207(c)(3)(A) dwelling units which are public housing SEC. 204. TRAINING FOR HUD PERSONNEL RE- of the National Housing Act (12 U.S.C. dwelling units, or for residents who can af- GARDING GRANDPARENT-HEADED 1713(c)(3)(A)) is amended by striking ford to live in other units, priority for those AND RELATIVE-HEADED FAMILIES ‘‘$11,250’’ and inserting ‘‘$17,460’’. units in the revitalized community; and’’. ISSUES. (2) SECTION 213 LIMITS.—Section (b) DEFINITION OF SEVERELY DISTRESSED Section 7 of the Department of Housing 213(b)(2)(A) of the National Housing Act (12 PUBLIC HOUSING.—Section 24(j)(2)(A)(iii) of and Urban Development Act (42 U.S.C. 3535) U.S.C. 1715e(b)(2)(A)) is amended— the United States Housing Act of 1937 (42 is amended by adding at the end the fol- (A) by striking ‘‘$38,025’’ and inserting U.S.C. 1437v(j)(2)(A)(iii)) is amended— lowing: ‘‘$41,207’’; (1) in subclause (I), by striking ‘‘or’’ at the ‘‘(t) TRAINING REGARDING ISSUES RELATING (B) by striking ‘‘$42,120’’ and inserting end; TO GRANDPARENT-HEADED AND RELATIVE- ‘‘$47,511’’; (2) in subclause (II), by inserting ‘‘or’’ after HEADED FAMILIES.—The Secretary shall en- (C) by striking ‘‘$50,310’’ and inserting the semicolon at the end; and sure that all personnel employed in field of- ‘‘$57,300’’; (3) by inserting at the end the following: fices of the Department who have respon- (D) by striking ‘‘$62,010’’ and inserting ‘‘(III) is lacking in sufficient appropriate sibilities for administering the housing as- ‘‘$73,343’’; transportation, supportive services, eco- sistance program under section 8 of the (E) by striking ‘‘$70,200’’ and inserting nomic opportunity, schools, civic and reli- United States Housing Act of 1937 (42 U.S.C. ‘‘$81,708’’; gious institutions, and public services, re- 1437f) or the supportive housing program (F) by striking ‘‘$49,140’’ and inserting sulting in severe social distress in the under section 202 of the Housing Act of 1959 ‘‘$49,710’’; project;’’. (12 U.S.C. 1701q), and an appropriate number (G) by striking ‘‘$60,255’’ and inserting (c) STUDY OF ELDERLY AND DISABLED PUB- of personnel in the headquarters office of the ‘‘$60,446’’; LIC HOUSING NEEDS.—Not later than 18 Department who have responsibilities for (H) by striking ‘‘$75,465’’ and inserting months after the date of enactment of this those programs, have received adequate ‘‘$78,197’’; and Act, the Comptroller General of the United training regarding how covered families (as (I) by striking ‘‘$85,328’’ and inserting States shall submit a report to Congress re- that term is defined in section 202 of the ‘‘$85,836’’. garding the extent of severely distressed el- LEGACY Act of 2003) can be served by exist- (d) REHABILITATION AND NEIGHBORHOOD derly and non-elderly disabled public hous- ing affordable housing programs.’’. CONSERVATION HOUSING MORTGAGE INSUR- ing, and recommendations for improving SEC. 205. STUDY OF HOUSING NEEDS OF GRAND- ANCE.—Section 220(d)(3)(B)(iii) of the Na- that housing through the HOPE VI program PARENT-HEADED AND RELATIVE- tional Housing Act (12 U.S.C. or other means, taking into account the spe- HEADED FAMILIES. 1715k(d)(3)(B)(iii) is amended— cial needs of the residents. (a) IN GENERAL.—The Secretary and the Di- UTHORIZATION OF APPROPRIATIONS.— (1) by striking ‘‘with respect to dollar (d) A rector of the Bureau of the Census jointly Paragraph (1) of section 24(m) of the United amount limitations applicable to rehabilita- shall— States Housing Act of 1937 (42 U.S.C. tion projects described in subclause (II),’’ (1) conduct a study to determine an esti- 1437v(m)(1)) is amended by striking ‘‘, 2001, and inserting ‘‘; (III)’’; and mate of the number of covered families in and 2002’’ and inserting ‘‘through 2006’’. (2) by redesignating subclauses (III) and the United States and their affordable hous- (e) EXTENSION OF PROGRAM.—Section 24(n) (IV) as subclauses (IV) and (V), respectively. ing needs; and of the United States Housing Act of 1937 (42 (2) submit a report to Congress regarding TITLE IV—HOPE VI PROGRAM U.S.C. 1437v(n)) is amended by striking ‘‘Sep- the results of the study conducted under REAUTHORIZATION tember 30, 2004’’ and inserting ‘‘September paragraph (1). SEC. 401. SHORT TITLE. 30, 2006’’. (b) REPORT AND RECOMMENDATIONS.—The This title may be cited as the ‘‘HOPE VI SEC. 403. HOPE VI GRANTS FOR ASSISTING AF- report required under subsection (a) shall— Program Reauthorization and Small Com- FORDABLE HOUSING THROUGH (1) be submitted to Congress not later than munity Mainstreet Rejuvenation and Hous- MAIN STREET PROJECTS. 12 months after the date of enactment of this ing Act of 2003’’. (a) PURPOSES.—Section 24(a) of the United States Housing Act of 1937 (42 U.S.C. 1437v(a)) Act; and SEC. 402. HOPE VI PROGRAM REAUTHORIZATION. is amended by adding after and below para- (2) include recommendations by the Sec- (a) SELECTION CRITERIA.—Section 24(e)(2) of graph (4) the following: retary and the Director of the Bureau of the the United States Housing Act of 1937 (42 ‘‘It is also the purpose of this section to pro- Census regarding how the major assisted U.S.C. 1437v(e)(2)) is amended— vide assistance to smaller communities for housing programs of the Department of (1) by striking the matter preceding sub- the purpose of facilitating the development Housing and Urban Development, including paragraph (A) and inserting the following: of affordable housing for low-income families the supportive housing for the elderly pro- ‘‘(2) SELECTION CRITERIA.—The Secretary that is undertaken in connection with a gram under section 202 of the Housing Act of shall establish criteria for the award of main street revitalization or redevelopment 1959 (12 U.S.C. 1701q) can be used and, if ap- grants under this section and shall include project in such communities.’’. propriate, amended or altered, to meet the among the factors—’’; (b) GRANTS FOR ASSISTING AFFORDABLE affordable housing needs of covered families. (2) in subparagraph (B), by striking ‘‘large- HOUSING DEVELOPED THROUGH MAIN STREET TITLE III—ADJUSTABLE RATE SINGLE scale’’; PROJECTS IN SMALLER COMMUNITIES.—Section FAMILY MORTGAGES AND LOAN LIMIT (3) in subparagraph (D)— 24 of the United States Housing Act of 1937 ADJUSTMENTS (A) by inserting ‘‘and ongoing implementa- (42 U.S.C. 1437v) is amended— SEC. 301. HYBRID ARMS. tion’’ after ‘‘development’’; and (1) by redesignating subsection (n) as sub- (a) IN GENERAL.—Section 251(d)(1)(C) of the (B) by inserting ‘‘, except that the Sec- section (o); and National Housing Act (12 U.S.C. 1715z– retary may not award a grant under this sec- (2) by inserting after subsection (m) the 16(d)(1)(C)) is amended by striking ‘‘five’’ and tion unless the applicant has involved af- following new subsection: inserting ‘‘3’’. fected public housing residents at the begin- ‘‘(n) GRANTS FOR ASSISTING AFFORDABLE (b) APPLICABILITY.—The amendment made ning and during the planning process for the HOUSING DEVELOPED THROUGH MAIN STREET by subsection (a) shall apply to mortgages revitalization program, prior to submission PROJECTS IN SMALLER COMMUNITIES.— executed on or after the date of the enact- of an application’’ before the semicolon at ‘‘(1) AUTHORITY AND USE OF GRANT ment of this title. the end; AMOUNTS.—The Secretary may make grants SEC. 302. FHA MULTIFAMILY LOAN LIMIT AD- (4) in subparagraph (H), by striking ‘‘and’’ under this subsection to smaller commu- JUSTMENTS. at the end; nities. Such grant amounts shall be used by (a) SHORT TITLE.—This section may be (5) by redesignating subparagraph (I) as smaller communities only to provide assist- cited as the ‘‘FHA Multifamily Loan Limit subparagraph (L); and ance to carry out eligible affordable housing Adjustment Act of 2003’’. (6) by inserting after subparagraph (H) the activities under paragraph (4) in connection (b) MAXIMUM MORTGAGE AMOUNT LIMIT FOR following: with an eligible project under paragraph (2). MULTIFAMILY HOUSING IN HIGH-COST AREAS.— ‘‘(I) the extent to which the plan mini- ‘‘(2) ELIGIBLE PROJECT.—For purposes of Sections 207(c)(3), 213(b)(2)(B)(i), mizes permanent displacement of current this subsection, the term ‘eligible project’ 220(d)(3)(B)(iii)(III), 221(d)(3)(ii)(II), residents of the public housing site who wish means a project that— 221(d)(4)(ii)(II), 231(c)(2)(B), and 234(e)(3)(B) of to remain in or return to the revitalized ‘‘(A) the Secretary determines, under the the National Housing Act (12 U.S.C. community and provides for community and criteria established pursuant to paragraph 1713(c)(3), 1715e(b)(2)(B)(i), supportive services to residents prior to any (3), is a main street project; 1715k(d)(3)(B)(iii)(II), 1715l(d)(3)(ii)(III), relocation; ‘‘(B) is carried out within the jurisdiction 1715l(d)(4)(ii)(II), 1715v(c)(2)(B)), and ‘‘(J) the extent to which the plan sustains of smaller community receiving the grant; 1715y(e)(3)(B)) are each amended— or creates more project-based housing units and

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00145 Fmt 0636 Sfmt 0634 E:\CR\FM\A08DE7.134 H08PT1 H12892 CONGRESSIONAL RECORD — HOUSE December 8, 2003 ‘‘(C) involves the development of affordable ‘‘(i) are made available for initial occu- (B) in paragraph (2), by striking ‘‘govern- housing that is located in the commercial pancy to low-income families, with a subset ment—’’ and inserting ‘‘government other area that is the subject of the project. of units made available to very- and ex- than an insular area—’’. ‘‘(3) MAIN STREET PROJECTS.—The Sec- tremely-low income families; and (d) ALLOCATION AND DISTRIBUTION OF retary shall establish requirements for a ‘‘(ii) are subject to the same rules regard- FUNDS.—Section 106(a) of the Housing and project to be consider a main street project ing occupant contribution toward rent or Community Development Act of 1974 (42 for purposes of this section, which shall re- purchase and terms of rental or purchase as U.S.C. 5306(a)) is amended— quire that the project— dwelling units in public housing projects as- (1) in the first sentence of paragraph (1)— ‘‘(A) has as its purpose the revitalization sisted with a grant under this section. (A) by striking ‘‘an appropriation Act’’ and or redevelopment of a historic or traditional ‘‘(B) SMALLER COMMUNITY.—The term inserting ‘‘appropriation Acts’’; and commercial area; ‘smaller community’ means a unit of general (B) by striking ‘‘in any year’’ and inserting ‘‘(B) involves investment, or other partici- local government (as such term is defined in ‘‘for such fiscal year’’; pation, by the government for, and private section 102 of the Housing and Community (2) in paragraph (2), by inserting ‘‘under entities in, the community in which the Development Act of 1974 (42 U.S.C. 5302)) paragraph (1) and after reserving such project is carried out; and that— amounts for insular areas under paragraph ‘‘(C) complies with such historic preserva- ‘‘(i) has a population of 50,000 or fewer; and (2)’’ after ‘‘tribes’’; tion guidelines or principles as the Secretary ‘‘(ii)(I) is not served by a public housing (3) in paragraph (3), by striking ‘‘para- shall identify to preserve significant historic agency; or graphs (1) and (2)’’ and inserting ‘‘paragraphs or traditional architectural and design fea- ‘‘(II) is served by a single public housing (1), (2), and (3)’’ tures in the structures or area involved in agency, which agency administers 100 or (4) by redesignating paragraphs (2) and (3) the project. fewer public housing dwelling units.’’. (as so amended) as paragraphs (3) and (4); and ‘‘(4) ELIGIBLE AFFORDABLE HOUSING ACTIVI- (c) ANNUAL REPORT.—Section 24(l) of the (5) by inserting after paragraph (1) the fol- TIES.—For purposes of this subsection, the United States Housing Act of 1937 (42 U.S.C. lowing: activities described in subsection (d)(1) shall 1437v(l)) is amended— ‘‘(2) For each fiscal year, of the amount ap- be considered eligible affordable housing ac- (1) in paragraph (3), by striking ‘‘; and’’ and proved in appropriation Acts under section tivities, except that— inserting ‘‘, including a specification of the 103 for grants for such fiscal year (excluding ‘‘(A) such activities shall be conducted amount and type of assistance provided the amounts provided for use in accordance with respect to affordable housing rather under subsection (n);’’; with section 107), the Secretary shall reserve than with respect to severely distressed pub- (2) by redesignating paragraph (4) as para- for grants to insular areas $7,000,000. The lic housing projects; and graph (5); and Secretary shall provide for distribution of ‘‘(B) eligible affordable housing activities (3) by inserting after paragraph (3) the fol- amounts under this paragraph to insular under this subsection shall not include the lowing: areas on the basis of the ratio of the popu- activities described in subparagraphs (B) ‘‘(4) the types of projects funded, and num- lation of each insular area to the population through (E), (J), or (K) of subsection (d)(1). ber of affordable housing dwelling units de- of all insular areas. In determining the dis- ‘‘(5) MAXIMUM GRANT AMOUNT.—A grant veloped with, grants under subsection (n); tribution of amounts to insular areas, the under this subsection for a fiscal year for a and’’. Secretary may also include other statistical single smaller community may not exceed (d) FUNDING.—Section 24(m) of the United criteria as data become available from the $1,000,000. States Housing Act of 1937 (42 U.S.C. Bureau of the Census, but only if such cri- 1437v(m)) is amended by adding at the end ‘‘(6) CONTRIBUTION REQUIREMENT.—A small- teria are contained in a regulation promul- er community applying for a grant under the following: gated by the Secretary after notice and pub- this subsection shall be considered an appli- ‘‘(3) SET-ASIDE FOR MAIN STREET HOUSING lic comment.’’. cant for purposes of subsection (c) (relating GRANTS.—Of the amount appropriated pursu- (e) CONFORMING AMENDMENT.—The first to contributions by applicants), except ant to paragraph (1) for any fiscal year, the sentence of section 106(d)(1) of the Housing that— Secretary shall provide up to 5 percent for and Community Development Act of 1974 (42 ‘‘(A) such supplemental amounts shall be use only for grants under subsection (n).’’. U.S.C. 5306(d)(1)) is amended by striking used only for carrying out eligible affordable TITLE V—COMMUNITY DEVELOPMENT ‘‘paragraphs (1) and (2)’’ and inserting ‘‘para- housing activities; and BLOCK GRANTS graphs (1), (2), and (3)’’. ‘‘(B) paragraphs (1)(B) and (3) shall not SEC. 501. FUNDING FOR INSULAR AREAS. (f) SPECIAL PURPOSE GRANTS.—Section 107 apply to grants under this subsection. (a) DEFINITION OF INSULAR AREAS.—Section of the Housing and Community Development ‘‘(7) APPLICATIONS AND SELECTION.— 102(a) of the Housing and Community Devel- Act of 1974 (42 U.S.C. 5307) is amended— ‘‘(A) APPLICATION.—Pursuant to subsection opment Act of 1974 (42 U.S.C. 5302(a)) is (1) in subsection (a)(1)— (e)(1), the Secretary shall provide for smaller amended by adding at the end the following: (A) by striking subparagraph (A); and communities to apply for grants under this ‘‘(24) The term ‘insular area’ means each of (B) by redesignating subparagraphs (B) subsection, except that the Secretary may Guam, the Northern Mariana Islands, the through (H) as subparagraphs (A) through establish such separate or additional criteria Virgin Islands, and American Samoa.’’. (G), respectively; and for applications for such grants as may be (b) DEFINITION OF UNIT OF GENERAL GOV- (2) in subsection (b)— appropriate to carry out this subsection. ERNMENT.—The first sentence of section (A) by striking paragraph (1); and ‘‘(B) SELECTION CRITERIA.—The Secretary 102(a)(1) of the Housing and Community De- (B) by redesignating paragraphs (2) shall establish selection criteria for the velopment Act of 1974 (42 U.S.C. 5302(a)(1)) is through (7) as paragraphs (1) through (6), re- award of grants under this subsection, which amended— spectively. shall be based on the selection criteria estab- (1) by inserting ‘‘and’’ after ‘‘Secretary;’’; (g) REGULATIONS.—The Secretary of Hous- lished pursuant to subsection (e)(2), with and ing and Urban Development shall issue regu- such changes as may be appropriate to carry (2) by striking ‘‘; and the Trust Territory lations to carry out the amendments made out the purposes of this subsection. of the Pacific Islands’’. by this section, which shall take effect not ‘‘(8) COST LIMITS.—The cost limits estab- (c) STATEMENT OF ACTIVITIES AND RE- later than the expiration of the 90-day period lished pursuant to subsection (f) shall apply VIEW.—Section 104 of the Housing and Com- beginning on the date of the enactment of to eligible affordable housing activities as- munity Development Act of 1974 (42 U.S.C. this Act. sisted with grant amounts under this sub- 5304) is amended— The Senate bill was ordered to be section. (1) in subsection (a)(1)— read a third time, was read the third ‘‘(9) INAPPLICABILITY OF OTHER PROVI- (A) in the first sentence— time, and passed, and a motion to re- SIONS.—The provisions of subsections (g) (re- (i) by striking ‘‘or’’ after ‘‘State,’’; and consider was laid on the table. lating to disposition and replacement of se- (ii) by inserting ‘‘or under section 106(a)(3) verely distressed public housing), and (h) (re- by any insular area,’’ after ‘‘government,’’; f lating to administration of grants by other and entities), shall not apply to grants under this (B) in the second sentence— GENERAL LEAVE subsection. (i) by striking ‘‘and in the case of’’ and in- ‘‘(10) REPORTING.—The Secretary shall re- serting a comma; and Mr. LEACH. Mr. Speaker, I ask unan- quire each smaller community receiving a (ii) by inserting ‘‘and insular areas receiv- imous consent that all Members may grant under this subsection to submit a re- ing grants pursuant to section 106(a)(3),’’ have 5 legislative days within which to port regarding the use of all amounts pro- after ‘‘106(d)(2)(B),’’; revise and extend their remarks on S. vided under the grant. (2) in subsection (e)(1), by striking ‘‘section 811, the Senate bill just passed and in- ‘‘(11) DEFINITIONS.—For purposes of this 106(b) or section 106(d)(2)(B)’’ and inserting clude extraneous material thereon. subsection, the following definitions shall ‘‘subsection (a)(3), (b), or (d)(2)(B) of section apply: 106’’; and The SPEAKER pro tempore. Is there ‘‘(A) AFFORDABLE HOUSING.—The term ‘af- (3) in subsection (m)— objection to the request of the gen- fordable housing’ means rental or home- (A) in paragraph (1), by inserting ‘‘(a)(2),’’ tleman from Iowa? ownership dwelling units that— after ‘‘under subsection’’; and There was no objection.

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00146 Fmt 0636 Sfmt 0634 E:\CR\FM\A08DE7.134 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12893 FACTORS TO CONSIDER sought to impose their wills on others longed American presence because of CONCERNING FOREIGN POLICY through appeals to hate and reliance our goodwill and desire to establish a The SPEAKER pro tempore. Under on increasingly wanton instruments of Western-style democracy, Muslims see the Speaker’s announced policy of Jan- oppression. our presence as compounding griev- uary 7, 2003, the gentleman from Iowa As the world’s only superpower, the ances originating in the Crusades and, (Mr. LEACH) is recognized for the bal- U.S. has no choice but to display firm- in some ways, even earlier Biblical ance of the time of approximately 30 ness of purpose and resolve in deterring times. minutes as the designee of the major- inhumane breaches of order. Yet, firm- Point number 4: no country can go it ity leader. ness and resolve must be matched by alone for long and expect to be re- Mr. LEACH. Mr. Speaker, 26 months compassionate understanding of the spected as an international leader. after 9/11 and 7 months after the con- reasons people of the world lash out. Doctrines of American clusion of major combat operations in We have the world’s greatest Armed exceptionalism, the precept that we Iraq, America is in a strategic pickle Forces. But these forces cannot suc- should not be bound by legal or proce- and Americans are in a judgmental cessfully be deployed to counter inter- dural norms that bind others, which quandary. The issue of our engagement national misconduct if we do not also are now fashionable in certain Wash- in Iraq demands that we, as a society, seek to undercut the causes of such ington ideological circles, have led to probe the question of the limits of the conduct. intervention in Iraq without full U.N. superpower’s power and the possible Reviewing the causes of World War I, sanction. Ironically, prior to 9/11, these anomaly that there are severe liabil- historians quickly concluded that same notions led to rejection of a Com- ities to power, particularly for a super- there was not enough flexibility in the prehensive Test Ban Treaty and of up- power. Does, for instance, over- European alliance system, and that graded verification provisions for the whelming military might protect us this rigidity allowed a rather minor 1972 Biological Weapons Convention, from terrorism or, if used unwisely, in- event, the assassination of an Austrian agreements that would have stood in crease our vulnerability to terrorism? archduke, to precipitate a cataclysmic the way of weapons of mass destruction Likewise, does overwhelming economic war. With this example in mind, polit- production in Iraq and provided a legal power ensure loyalty or buy friendship ical leaders in the 1930s erred on the basis for possible armed intervention if from the countries most indebted to side of irresolution, which led them to violations occurred. The world is cry- the United States? In other words, can Munich and the partition of Czecho- ing out for leadership in restraining military and economic might ever be- slovakia. Too much inflexibility caused weapons development. We are not pro- come a substitute for sensible and sen- one war; too little spine led to an even viding it because Washington policy- sitive foreign policy? And given the di- greater one. makers prefer that restraint on others lemma of Iraq, could it, indeed, be that The problem today is not whether we not apply to ourselves. the most important ‘‘multibillion’’ should meet problems with firmness or Point number 5: be cautious of ar- problem America faces is not deficits compassion. We often need both. The ticulating policy doctrines. Given the events of 9/11, consider- measured in dollars, fiscal, or trade, problem is determining whether and ation of preemption must continuously but the antagonism of billions of peo- how to respond with firmness and when be on the table in Washington, but ple around the world who object to our and how to express compassion. As in there is a distinction between needing all human conduct, the challenge is current foreign policy? to consider an action and setting forth Here let me say that I strongly be- wisdom. a definitive doctrine. Here Teddy Roo- lieve the need for clarification of Point number 2: we must listen as sevelt may have had the right adage: thought as it applies to policy, and well as assert. Four decades ago, the ‘‘speak softly and carry a big stick.’’ anyone who wishes to review the rea- British author Lawrence Durrell wrote Any American President, Democratic soning I have applied to the Iraq issue, a series of novels called the ‘‘Alexan- or Republican, socialist, liberal, con- ranging from a floor explanation of a dria Quartet’’ in which he describes a servative, or libertarian, would not ‘‘no’’ vote on the congressional resolu- set of events in Alexandria, Egypt pre- think more than a millisecond before tion authorizing war last year to calls ceding World War II. An experiment in ordering the Marines to intervention if for internationalizing the civil govern- the relativity of human perception, he or she were presented information ance in Iraq several months ago, to a each of the four books views the same that on some island, somewhere, a ter- vote in favor of generosity in recon- events through the eyes of a different rorist group had gotten control of a struction efforts several weeks ago, can character. While the events described weapon of mass destruction which it find explanatory statements on my are the same in each book, the stories was prepared to explode or infilter in congressional Web site. as seen through the lens of each of the an American city. The problem is that What I would like to do today is sum- participants are surprisingly different. raising a commonsense concern to the marize the dilemma we face and make The reader comes to the realization order of a doctrine legitimizes such a the following points about where we that a broad understanding about doctrine for others: China, India, Rus- might go from here. events as they transpire can only be sia, North Korea, for example, and un- Point number 1: there are no cer- grasped by synthesizing the different dercuts the premises of much of post- titudes. Anyone who was not conflicted perceptions of various protagonists. World War II international law. on the original decision to intervene or To understand the Middle East Complicating the issue is the psycho- who does not see a downside to all today, we need to listen to everyone’s logical assumption that once the leader courses of action today is not ap- story. articulates a doctrine, especially one proaching the problem with an open Point number 3: to shape or to deter that bears his name, it is difficult to mind. In an era of anger, of divisions in opponents’ actions, we need to under- advance a policy in a given cir- the world based on economics, on color stand how they think. cumstance which is not consistent with of skin, on ethnicity, on religious be- American policymakers, at their the doctrine. Not to do so would pro- lief, on happenstance of family and best, reason in a pragmatic, future-ori- vide critics a chance to suggest that a place of birth; in a world made smaller ented manner. In much of the rest of doctrine like preemption is ethereal, by technological revolutions in com- the world, on the other hand, people lacking meatiness ness, unless it is munications and transportation, those reason by historical analogy. Events made real. who have causes, good or bad, have pos- dating centuries back, especially sibilities of being heard and felt around umbrages, dominate thinking about b 1915 the globe that never existed before. today. People in the Middle East, as in Any leader who outlines such a doc- Great leaders like Gandhi and Martin the Balkans, are oriented to the past trine but chooses not to intervene Luther King appealed to the higher an- and are driven by values and ideas of would be open to charges of lightness gels of our nature and achieved revolu- honor of a very different shape and em- or worse. Hence, the simple articula- tionary change with nonviolence. Men- phasis than those we derive from tion of a doctrine can have the effect of dacious leaders like Hitler, Saddam American culture. When we assume the biasing decision-making in com- Hussein, and Osama bin Laden have Iraqi populace should accept a pro- plicated circumstances. The exception

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00147 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.146 H08PT1 H12894 CONGRESSIONAL RECORD — HOUSE December 8, 2003 might be a doctrine of quietude; states- on the second, but in the Islamic world ask Secretary General Kofi Annan to manship often should be measured by no outside power is ever going to be immediately appoint a top civilian ad- what is not, rather than what is, said. well received as an occupying force. ministrator to whom Ambassador Point number six. When Washington Hence, strategies that emphasize the Bremer and his staff would report. policymakers speak on foreign policy, first two endeavors and do not lead to Transfer of interim civil authority to they must understand that their audi- a long-term reliance on the third the U.N. would provide greater legit- ence is more than one party’s political should be the goal of the U.S. policy- imacy to the formation of a new Iraqi base. While Saddam Hussein is widely makers today. government and encourage other coun- perceived to be the worst sort of ty- Point number nine. Responses to ter- tries to help with economic reconstruc- rant, many people around the world rorism often lead to escalating action- tion and security requirements. view us as bullies for attacking a sov- reaction cycles. When our armed serv- We should also work to transfer as ereign country without prior armed ices become subject to terrorist as- soon as practicable responsibility for provocation. That is why it is so crit- sault, and the perpetrators disappear internal security to troops of other na- ical that a case for intervention should into their neighborhoods, we, like tions of the Iraqis themselves. Trans- be based in concern for the well-being Israel, will inevitably be tempted to re- ferring the police function to others is of others as well as the United States’ taliate in ways that may intensify, a way to build up Iraq’s own postwar national interest. For foreign policy to rather than restrain, future violence. internal security infrastructure and be effective, it must be clearly articu- Calls will be made not only to use air make evident that the U.S. does not lated and convincing in those parts of power in urban areas but to double or desire long-term control. Point number twelve. We should also the world most affected by it. triple troop deployments perhaps with- move forthwith to transfer more polit- Point number seven. We must rededi- out adequate assessments of what such ical control to the Iraqi Governing cate ourselves to building up an intel- troops would be assigned to do. In con- Council and press for immediate elec- ligence capacity that better under- ventional warfare, the case for over- tions and constitution-writing. Some stands the Middle East and Islamic whelming superiority, sometimes re- argue that stability is more likely to world and is less susceptible to being ferred to as the Powell Doctrine, is be achieved with a long-term U.S. oc- politicized. Our inability to understand compelling. In a terrorist setting, as in cupation. I believe the reverse is true. Islamic culture resulted in the greatest modernist design, less can often be intelligence failure of our era. It is, The longer we are in Iraq, the greater more. There may be cases where de- the instability there and the greater however, not the sole intelligence fail- ploying a large force to combat ter- ure. In one of the greatest judgmental the likelihood that terrorism will rorism is appropriate, there may also spread to other countries, including errors of our time, we appear to have be cases, and I believe Iraq is one, attempted to combat the ideological the United States. where additional soldiers simply be- Point number thirteen. America can- posturing of others by slanting our own come additional targets; and a dif- not cut and run politically, economi- intelligence. Based on what is known ferent mix of strategies is both pref- cally, or militarily; but we would be today, policymakers not only erred in erable and more effective. wise to announce a timetable for troop assessing Saddam Hussein’s WMD ca- Point number ten. To defend against withdrawal by the end of next year at pacities but put too much faith in a terrorism, especially when it is fueled the latest. Some experts in and out of narrow cadre of ideologues who sug- by an explosive mix of religious and na- government believe that American gested that the U.S. would be wel- tional sentiment requires frank ac- troops should stay in and control Iraq comed as a liberating, rather than con- knowledgment of the nature and depth at least as long as we did in Japan and quering or worse yet, colonizing, force of the problem. For months, the admin- Germany after World War II. Such a in Iraq. Estimates of the cost of war, istration has suggested that the prob- timetable, a minimum of 5 years, is out the ramifications of involvement, of lem in Iraq is limited to 5,000 dis- of sync with the times and the mood of the expected reaction of the popu- sidents. This is a five-digit miscalcula- the Islamic world. lation, and of the likelihood of foreign tion. At least half the Muslim world, The world is more impatient today support were dead wrong. over 500 million people, is outraged by and Muslims in particular are more Point number eight. It is the respon- the U.S. Government’s attitudes and history-sensitive than ever before. sibility of public officials to ensure action. Long-simmering resentment of While we assume the Iraqi populace ac- that no American soldier is deployed as American policies in Muslim countries cepts the American presence because of a defenseless magnet for terrorist at- like Indonesia as in recent months me- our goodwill, the Muslim world sees tack or in such a way as to incite for- tastasized into hatred. And in Europe, our force as the compounding of griev- eign radicals to commit terrorist acts including what the Defense Depart- ances dating back to the Crusades and in America itself. American soldiers ment refers to as the ‘‘new Europe’’ as more recently to the American support have been trained to withstand the well as in south and east Asia, respect of Israel. The imagery Al Jazeera heat of battle in defense of America for American policy is in steep decline. projects of Baghdad is that of another and American values. For 21⁄4 centuries, In the Vietnam War, we gave a great West Bank. In this context American no country has been more effectively deal of attention to the notion of win- commitments to ‘‘slog on’’ intermi- or more courageously served by a cit- ning the hearts and minds of the peo- nably play into the hands of extrem- izen soldiery than the United States. In ple. We did not succeed in convincing ists. All extremists have to do is con- Iraq, our Armed Forces could not have the Vietnamese or world opinion of our tinue blowing up a vehicle or two every performed more professionally or val- good intentions despite the horrendous day, thereby eliciting a military action iantly than in the initial engagement. tactics of the Viet Cong in the com- that we might view as reasonable but But the difference between service in munist north. Today, Americans must the Islamic world is likely to see as combat and service in occupation of a understand that in the battle for the heavy handed, angering the populace foreign land, especially in Islamic soci- minds of men, particularly in the Mus- and emboldening further dissent. ety, is profound. In Iraq, which is fast lim world, we are doing less well than The longer we stay, the greater the becoming for us much like Algeria was even the most difficult days of the opportunity for al Qaeda and radical for the French in 1950s, our men and Vietnam War. Baath Party supporters to claim that women in uniform are increasingly fac- In this context, we would be well ad- the war is continuing and that they are ing hit-and-run terrorist assaults, vised to remember America’s original prevailing. To prevent this, and to keep which are much more difficult to de- revolutionary commitment to decent control of events, we would be wise to fend against than traditional military respect for the monies of mankind. announce a withdrawal timetable that confrontations. The challenge of pol- Point number eleven. While for the we, not they, control. Setting such a icymakers has recognized that there is time being security in Iraq must re- timetable has the effect of asserting a distinction between three endeavors: main the responsibility of U.S. mili- that the war itself is over and we pre- warfare, reconstruction, and occupa- tary commanders in the field, we would vailed and that Iraqis cannot dither in tion. Our Armed Forces are trained to be wise to put an international face on establishing a legitimate elected gov- prevail in the first, they can be helped civil governance in the country and ernment.

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00148 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.148 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12895 A drawn out occupation plays into Iraq’s social infrastructure and help in ical burden for any new government in the hands of radicals. It gives them a bringing the country back into the Baghdad and a constant struggle for rallying cry to keep up resistance in mainstream of international politics the U.S. to defend. Defense of Amer- Iraq and expand terrorist assaults and country; and, C, the laying of the ican bases in Iraq from terrorism in the around the world. It gives them the groundwork for new political institu- 21st Century is likely to be far more chance to suggest that America is bent tions. difficult than the challenge we first on continuing the crusades and, when None of these three emphases neces- saw of maintaining United State sov- we eventually withdraw, the prospect sitates 5 to 10 years of occupation. In- ereignty over the Panama Canal in the of claiming that they won the war. On deed, the longer we are there, the more 20th Century. the other hand, if we set a firm sched- likely a Saddam-type demagogue, al- The reason the Department of De- ule for drawing down our troops, we de- beit probably less secular, will emerge. fense concluded in the Carter Adminis- fine the war as being over in its 3rd It is true that the development of new tration that it was wise to transfer week, not its 6th year. An announced civil institutions will take time, but it control over the Panama Canal to the timetable can later be modified to is also the case that the U.S. role in Panamanians was the estimation that allow, for instance, a small force to re- shepherding their development can be the canal could be defended against main briefly in northern Iraq to main- quickened. The judgment call we must traditional aggression but not sabotage tain sovereign cohesion. Timetables make is whether U.S. leadership for or acts of terrorism. It seemed wiser to can also be abbreviated. But the point change should be swift or slow paced. respect nationalist sentiment and pro- is that they underscore our reluctance My sense is that swift actions are more vide for gradual transfer of the canal to to become an imperial power and, per- likely to lead to Iraq-centric responsi- local control than to insist in quasi-co- haps more importantly, our determina- bility-taking. The U.S. will inevitably lonial assertions of power. tion to control our own destiny. be dissatisfied with postwar cir- There are many reasons which Euro- Point number fourteen. Beware of cumstances in Iraq; but the longer the peans are so smugly opposed to our pol- partisan critiques. Some partisans are conflict continues, the more unstable icy in Iraq. One is historic experience implying today ill motives in Presi- the aftermath. Iraq will become more to colonialism. The French were chased dential leadership and have suggested splintered and the U.S. more vulner- out of Algeria, the Russians, and ear- that American actions are constitu- able to hateful reaction to others. lier the British, out of Afghanistan. tionally frail. Such criticisms miss the Another approach might be to indi- U.S. intervention in Iraq is seen in Eu- mark. This President is sincerely com- cate that we would expect to take most rope is not too dissimilar to the British mitted to his national security respon- of our troops from Iraq within 6 and French effort to reestablish con- sibilities, and his policies have received months of Saddam Hussein’s capture or trol over the Suez Canal in 1956. It is constitutional endorsement from the death. Such a pronouncement would noteworthy that the Islamic world Congress. Other partisans are taking underscore that our problem is with his deeply appreciated President Eisen- what some might perceive as an dictatorial regime, not with the Iraqi hower’s refusal to back the British and oxymoronic, liberal, neohawk perspec- people or their religious faith. It might French intervention in Egypt at that tive. They suggest the problem is the also provide incentive for the populace time. administration has not committed suf- to help in apprehending their former Europeans now think the shoe is on ficient troops and sufficient time to do head of state. the other foot. We appear insensitive to Point number fifteen. It is critical to what we want to do in Iraq, whatever history. In particular, those who call the security of our troops as well as that might be. for multiyear occupation based on the Iraqi security that we create an Iraqi The assumption is that Iraq will be a World War II model seem not to com- police force as soon as possible. Re- much better place if we aggressively prehend that the Japanese understood sponsibility for domestic security is an occupy the country for prolonged peri- that they attacked us and the Germans internal, not external, matter. We can- ods of time. This assumption deserves understood that our intervention was not be their policemen; and if we per- review from two perspectives: the situ- precipitated by their aggression. Iraqis, sist in trying, we will make it harder ation within and the political environ- on the other hand, look at us as the ag- ment outside Iraq. From the first, the for stability to be established and maintained. Students of international gressors, as imposers of alien values. question has to be raised whether an They feel our presence is only justified occupying force has the effect of an politics have for the past generation questioned the capacity and moral au- at their behest. over-stayed house guest: understand- Of all forms of government, success- thority of any country to be policemen able for a short period, increasingly ir- ful occupation depends on consent of for the world. But little academic at- ritable with each passing day. In a do- the governed. If it is lacking, problems tention has been devoted to the chal- mestic setting, house guests can at are inevitable, particularly when and if lenge of being policemen within a some point be pointed to the door. In foreign presence is of a military na- country after the conclusion of con- Iraq, many have concluded that the ture. flict. We have little experience with only effective way of getting the Point number seventeen. Credit will such responsibility. In Japan, Mac- uninvited to leave is to submit young remain the dominant economic issue Arthur relied on indigenous Japanese soldiers to terrorist strikes and their until Iraq’s foreign debt is reduced or police. In post-Hitler Germany, we local supporters to anarchist attacks. cancelled. A response to this dilemma cannot be quickly reconstituted a German con- Neither significant private nor large- developed in the simple linguistic con- stabulary at most levels. scale public credit will be made avail- Common sense would indicate that text of resolving to stay the course, able to Iraqis until the burden of old trying to police a country the size of particularly when no clear course has debt is lifted. Accordingly, we should France with soldiers unfamiliar with been laid out. The language of inter- press vigorously for Saddam-era debt, the language and culture of the soci- vention was couched in terms of con- which went largely to build palaces for ety, untrained in the art of policing cern for weapons of mass destruction Saddam’s family and to buy weapons of and unwelcome and resented in critical and the need to retaliate against the aggression to be written off. We should cities and towns must be a nearly im- forces that precipitated the events of 9/ also press to establish community-cen- possible task. 11. Postmortem analysis of these ra- tered banks and credit unions where tionalizations put our actions in a b 1930 micro-credit can be offered. questionable light. On the other hand, Hence, the need to expedite the train- Oil wealth has its advantages only if we must proceed from where we are ing of an indigenous Iraqi police force. revenues are used for the benefit of so- not, where we thought we would have Point number sixteen. We should an- ciety rather than political insiders. In- been. Wisdom might indicate that the nounce that we have no intention of es- creasing petroleum production is not emphasis be placed on, A, the humani- tablishing permanent military bases in enough. Oil is not a labor-intensive in- tarian advantage to Iraqis in the re- Iraq. dustry. Jobs matter and Iraq needs gion of the overthrow of Saddam Hus- Some Washington policymakers want bankers and small business entre- sein; B, U.S. assistance and rebuilding such bases but they would be a polit- preneurs far more than oil barrens. We

VerDate jul 14 2003 05:59 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00149 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.149 H08PT1 H12896 CONGRESSIONAL RECORD — HOUSE December 8, 2003 have no choice except to help rebuild once commented that he accepted the Extraordinarily, from a priority perspective, Iraq’s oil infrastructure, but we must validity of the body counts, but administration after administration in Wash- make clear that we have no intention thought that they did not reveal the ington seems to pay only intermittent attention of controlling the country’s oil re- big picture. to the Palestinian issue. There should be no serves. The natural resource of Iraq Suppose, Stone suggested, he was higher priority in our foreign policy than a res- must be treated as the patrimony of walking down a street and he bumped olution of the Arab-Israeli conflict. Attention in the Iraqi people. into a man running out of a bank, wav- Washington should be riveted at all times on Point number 18: Economic assist- ing a gun and carrying a satchel full of this singular problem. The current status quo ance to Iraq should be front-loaded and money and were to ask the man, ‘‘What is good neither for Israel nor for the Palestin- generous. are you doing?’’ If the man responded, ians. Now, for the first time lack of progress in War has been a constant of history, ‘‘I am waiting for a car,’’ he would be establishing a mutually acceptable modus but the concept of reconstruction is telling the truth but not revealing the vivendi between the parties may be even relatively new. The 20th century gave big picture. more damaging to countries not directly in- us two vastly different models. At the Good things are being accomplished volved in the conflict. The need for U.S. lead- end of World War I, the victors imposed in Iraq, particularly in the north where ership in pressing for peace has never been retributive terms on Germany, which an American General has won a meas- more urgent. It would be a tragedy if, focused so angered German society that it ure of popularity through progressive as we are upon making war in one part of the turned to fascism. World War II was stabilization initiatives. Yet, terrorism Middle East, we neglected to give sufficient the result. cannot credibly be contained in the prority to promoting peace in another. The allies took a different approach arms-infested Iraqi environment. In conclusion, the world is noting that we at the end of World War II. Generosity American civilians, as well as Armed are saying and what we are doing. Many are was the watchword. The Marshall Plan Services personnel who have been post- not convinced by our words; many are ap- was adopted to rebuild Europe and ed to Iraq, deserve to be commended palled by our actions. Yet nothing would be General MacArthur directed the reform for their commitment and sacrifices, worse for the world than for us to fail. We and modernization of Japan. Model de- but prudence suggests that brevity of must not. The key at this point is to recognize mocracies emerged. The world was service is preferable to a long-standing the limits as well as magnitude of our power made more secure. presence. Otherwise, in a world where and emphasize the most uplifting aspects of The economic plan for Iraq should be terrorism is a growth industry, even our heritage: democracy, opportunity, freedom two-prong, debt forgiveness coupled extraordinary sacrifice and significant of thought and worship. Motives matter; so do with institution building. A better accomplishments could be for naught. techniques to advance our values. The lesson world is more likely to emerge if the Point number 21: We must respect of the past year is clear: America does better American agenda places its emphasis Iraqi culture and work to ensure that as a mediator and multi-party peace maker on construction rather than destruc- the art and artifacts of this cradle of than as a unilateral interventionist. tion. civilization are preserved for the Iraqi f Here a note about the other recon- people. struction model in American history is There are few umbrages more long- IRAQ WATCH relevant. With his call for malice to- lasting than cultural theft. Cultural The SPEAKER pro tempore (Mr. ward none in his second inaugural ad- looting must be stopped, and the mar- RENZI). Under the Speaker’s announced dress, Lincoln set the most concilia- ket for stolen antiquities squelched. policy of January 7, 2003, the gen- tory tone in the history of war. His For our part, we should ensure that tleman from Massachusetts (Mr. successor once removed, U.S. Grant, Iraqi cultural sites are protected and DELAHUNT) is recognized for 60 minutes proved to be a more proficient soldier that our laws are upgraded. Any stolen as the designee of the minority leader. than President and countenanced car- antiquities brought to America must Mr. DELAHUNT. Mr. Speaker, I am petbagging conflicts of interest. be returned. here, and I anticipate being joined by Our government today would be well- Point number 22: The war in Iraq several Members, to discuss the issues advised to recognize that neither his- should not cause us to forget Afghani- that the gentleman from Iowa (Mr. tory, nor the American public, ap- stan. LEACH) was discussing, the gentleman, proves of war or postwar profiteering. While the center of our military at- who commands great respect in this Great care has to be taken to ensure tention may at the moment be Bagdad, body and one who clearly possesses a transparency and integrity in govern- we must remember that no Iraqi was profound knowledge of international ment contracts. And common sense involved in hijacking the planes that relationships, and at the same time would indicate that the more Iraqis are struck the World Trade Center and the provides a perspective and an analysis involved in rebuilding their own soci- Pentagon on 9/11. that should be instructive and inform- ety, the more lasting such efforts are Few countries are more distant phys- ative to all Americans. I think he had likely would be to be. ically or culturally from the United 23 points. I do not know whether he has Point number 19: Terrorism effects States than Afghanistan; yet, it is any additional points he wishes to world economics as well as politics. there the plotting for the terrorist acts make, but if he does, I would be happy Markets depend on confidence and began. The Taliban have been removed to yield to him. nothing undercuts confidence more and a new, more tolerant government It would appear that he does not. But than anarchist acts. Policies designed has been established; but the world again, let me acknowledge his con- to deter terrorism can be counter- community has not fulfilled its com- tribution to the debate. productive. International disapproval mitments to raise the country out of Myself and my colleagues for some of our actions may jeopardize our econ- poverty and warlordism. The U.S. can- weeks now, I think, on more than 20 oc- omy and diminish the credibility of our not continue to be complacent about casions during the course of the time political leadership in the world. In- economic and social development in that is reserved after legislative busi- creased terrorism could well have the that country, where foreigners have ness is concluded, the so-called ‘‘spe- dual effect of precipitating new U.S. never been welcome. Failure of the cial orders’’ time, have come to the military engagements and, ironically, Karzai government and a return of the floor and we have labeled this par- strengthening isolationist sentiment Taliban would be a major setback in ticular initiative, the Iraq Watch. And, which in turn could degenerate into a the battle with terrorism. hopefully, we have had among us a con- disastrous spiral of protectionism. Point number 23: Lastly and most versation that has been both inform- Point number 20: The measure of suc- importantly, U.S. policymakers should ative for the audience, as well as edu- cess in reconstruction is not the sum of never lose sight of the fact that events cational for the Members of the House accomplishments. in Israel and Iraq are intertwined and in terms of this issue that, clearly, has During the Viet Nam War, the Pen- that no challenge is more important a huge impact on the American people, tagon gave progress reports mainly in for regional and global security than both in terms of lives and the safety of terms of body counts. One of the most resolution of the Israeli-Palestinian di- our military personnel in Iraq, but also liberal critics of that war, I.F. Stone, lemma. clearly in terms of our economy.

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00150 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.151 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12897 It is ironic that it was the gentleman from Democrats. It is a view that is those of us who are taking this issue from Iowa (Mr. LEACH) as I said, a very shared by many. seriously and trying to engage in a dia- respected member of the Republican Now, many Americans, clearly many logue on this issue can find anyone of Party, who just left the floor, who in this Chamber, remember the former a serious bent in the House, any of our spoke I believe so eloquently, and I Speaker of the House of Representa- colleagues, to come down and name daresay that I share many of the con- tives, Mr. Newt Gingrich. And clearly anyone. cerns and would agree with much of many Americans are familiar with the Mr. DELAHUNT. From either the Re- what he said. But having said that, re- junior Senator from New York, the publican side or the Democratic side. cently in his home State, Iowa, there former First Lady, the wife of the Mr. ABERCROMBIE. That goes with- was an advertisement on behalf of the former President, Bill Clinton. And all out saying. Here on the floor of the Bush Presidential Campaign; and I un- of us know that it would be a rare mo- House of Representatives, anyone, find derstand it was paid for by the Repub- ment where they would agree on any- anyone, who would be able to corrobo- lican National Committee. It was ti- thing. Well, they happen to agree on rate such an accusation. tled ‘‘Reality’’ and it was a 30-second the policy of this administration when In fact, if one takes into account, and clip. There were some comments by the it comes to Iraq, because yesterday it I am looking here at an article in the President, and I understand there were was the former House Speaker on a Wall Street Journal, in an opinion arti- some snippets of speeches that the Sunday TV magazine program who cle, ‘‘Politics and People,’’ Albert President had made regarding Iraq spe- stated that the Bush administration Hunt, ‘‘What Might Have Been,’’ and it cifically and presumably the war on has gone, and I am quoting Newt Ging- concerns our good friend and my good terrorists. rich, ‘‘Off the cliff in postwar Iraq, and friend and fellow Hawaiian, General There was also an announcer, a voice the White House has to get a grip on Eric Shinseki, former Chief of the overlay, if you will, not an individual this.’’ Army, who, as you know, was vilified who appeared on the ad, but someone These are not my words; these are by people in the administration. who would comment after the snippet the words of the former Speaker of the Mr. DELAHUNT. And, Mr. Speaker, of the President was viewed by the au- House, the former leader of the Repub- who happened to be a decorated hero, a dience. And what the announcer said lican Party in this House, Mr. Newt military hero; someone who fought for caused me to be disturbed, because the Gingrich, that often sat, Mr. Speaker, his country with great bravery and announcer said, and I am quoting from in the same chair that you are now sit- valor. That is the kind of individual that snippet, ‘‘Some now are attacking ting in presiding over this House. Well, that my colleague is talking about. the President for attacking the terror- on this particular occasion, Senator Mr. ABERCROMBIE. I am not only ists.’’ CLINTON said she agreed with Mr. Ging- talking about General Shinseki as a The announcer then went on to say rich. She blamed the administration decorated war hero but as someone who that, ‘‘Some called for us to retreat, for miscalculating and inept planning came through the ranks to become putting our national security in the in Iraq. chief of the Army, and who, in response hands of others.’’ And then the an- But those two are not alone. to a congressional inquiry, gave an- nouncer instructed, ‘‘Call Congress Mr. ABERCROMBIE. Mr. Speaker, swers, as a soldier should to those who now.’’ will the gentleman yield? are in charge of the country by con- I am confused, because during the en- Mr. DELAHUNT. I yield to my good stitution, gave answers with respect to tire debate, not just regarding Iraq, not friend and a member of the Iraq Watch, what would be required in Iraq should just regarding Afghanistan, but all of the gentleman from Hawaii (Mr. ABER- an attack take place in order to avoid the debate subsequent to September 11, CROMBIE). encouraging and in fact perhaps even I never heard from a single Member on Mr. ABERCROMBIE. Mr. Speaker, seeing a situation take place in which either side of the aisle that we should the difficulty here, as the gentleman terrorism would expand, rather than be retreat and put our national security has outlined, is that we are now en- contracted or defeated. What General in the hands of others. gaged in what can only be described as Shinseki indicated was that we were political hate speech. This is not an un- not engaged in a serious ‘‘troops to b 1945 usual circumstance, I am sorry to say, task analysis.’’ That simply was untrue. That ad was in this day and age. That is what this is about. This is not misleading; it was an untruth. I have had occasion to pick up a cen- not about attacking the President Now, have many of us questioned the tennial edition, I believe is the des- about his opposition to terrorism; it is policy regarding Iraq, regarding the ignation, by the original publishers of whether or not his political policies war on terror? Well, yes. An unequivo- George Orwell’s ‘‘1984.’’ A new intro- have resulted in military activity cal yes. And as I said, ironically, we duction by Thomas Pinchon. My col- which is in fact not only succeeding heard this earlier this evening from the league may recall in ‘‘1984,’’ in Orwell’s but increasing the terrorism that ex- preceding speaker, a well-regarded, conception of what was taking place, ists in the world. well-respected, thoughtful member of there is a whole new conception of Mr. DELAHUNT. And, Mr. Speaker, the House Committee on International what speech would consist of and what the best evidence of that are the recent Relations who happens to be a sub- the language would be. Ignorance is attacks both in Saudi Arabia and Tur- committee chair and one who voted strength, slavery is freedom, hatred is key, one of our erstwhile allies in the against the resolution authorizing love. Everything becomes its own con- region, who has been supportive of the military intervention in Iraq. He cer- tradiction, its exact opposite. The con- United States in the war on terror, who tainly is not calling for any retreat, fusion is there. has been supportive of our natural ally and neither am I, and neither is any Let us read exactly what the adver- in the State of Israel. And what we are Democrat. tisement said. We are now conducting beginning to see is the spread of ter- But, again, I know many of us on political policy by virtue of advertising rorism far from just Iraq, but every- both sides of the aisle, Republicans and when issues of war and peace are con- where around the world. Democrats, are concerned about the cerned. Let me quote it directly: However, others, again from both competence and what we see as a pol- ‘‘Some are now attacking the Presi- parties, have articulated a criticism. icy that is failing, which will translate dent for attacking the terrorists.’’ CHUCK HAGEL, another veteran, some- not into a retreat but a defeat in terms Who? Some. Who? one who has experienced combat in of the war on terror. I understand that I suppose it is possible, if you look Vietnam, a highly regarded, well-re- that particular 30-second ad is no far enough and long enough and deep spected Senator, made this statement longer running. Well, that is good. The enough, you can find somebody, some- back in September, again on a national questions that are being posed to the where, not necessarily even within the TV program. In response to the ques- President and to his administration are boundaries of the United States, if we tion, ‘‘Did the administration mis- not just coming from Democrats. The are talking about some, who would be calculate the difficulty of this war?,’’ displeasure, the disappointment, the attacking the President for attacking this is what Senator HAGEL said: ‘‘Yes, criticism, the concern is not coming the terrorists. But I do not think that they did miscalculate it. I think they

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00151 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.153 H08PT1 H12898 CONGRESSIONAL RECORD — HOUSE December 8, 2003 did a miserable job of planning for a had no knowledge that Mr. Perle had when referring to the Vice President, post-Saddam Iraq. They treated most advised the company on a controversial ‘‘very, very tough and strident.’’ in the Congress like a nuisance when $18 billion deal to lease refueling air- To put out an ad in Iowa during a we asked questions.’’ craft tankers to the U.S. Air Force or Presidential Campaign suggesting it Well, I think it is incumbent upon other Pentagon related matters.’’ was either the Democrats or Congress the President of the United States to Mr. DELAHUNT. This is the same that wanted to retreat on the war on respond to the questions that the peo- Richard Perle, my friend, who was the terror, no, that is not the case. None of ple’s representatives in both branches former chair but then resigned because us want to retreat, we want to win, we of Congress pose, because it is the peo- of concerns about conflict of interest. do not want to lose, and we are looking ple of the United States that are losing Mr. ABERCROMBIE. As a defense ad- at defeat right now. their sons and daughters in Iraq. To viser to the Secretary of Defense. Many that are watching here tonight date we have already appropriated in Mr. DELAHUNT. Who, in many re- clearly are familiar with Senator excess of $165 billion that will be paid spects, was the single most ardent sup- MCCAIN who served this country hero- for by future generations. And what do porter of a leading member of the Iraqi ically and courageously in Vietnam as we see? We see a deteriorating situa- Governing Council, whose name is a pilot, who served for many years as a tion. Ahmed Chalabi. And I do not know how prisoner of war, and he criticized, as re- Mr. ABERCROMBIE. If the gen- this happened, but he was appointed by ported in USA Today, just about a tleman will continue to yield, Mr. the administration to the Iraqi Gov- month ago, MCCAIN criticized the Bush Speaker, we are spending not $87 bil- erning Council without any consulta- Administration conduct of the Iraq war lion, but as the gentleman indicated, tion with another of our allies in the yesterday, saying the U.S. should send upwards of $160 billion just in excess region, the Government of Jordan. at least 15,000 more troops, or risk the appropriations, or rather in additional So, Mr. Speaker, I do not know if the most significant global defeat on the supplemental appropriations vis-a-vis gentleman is aware of this, but I dare- world stage since Vietnam. MCCAIN Iraq. Yet, when we bring home troops say many who might be watching this said Bush must be more involved in for rest and recreation purposes, they are unaware of it, but Mr. Chalabi was Iraqi decisionmaking and not be influ- are taken to only three cities, and then convicted in Jordan for embezzlement enced by the upcoming Presidential they are on their own and they pay in the amount of hundreds of millions campaign. MCCAIN also challenged the their own bills. That has not been of dollars. Rumsfeld assertion that the 132,000 changed. American troops in Iraq can defeat the b 2000 I believe the figure is $55 million ap- insurgency in the country. This is proximately that the Congress has put He was sentenced in absentia, and re- again Senator MCCAIN’s words, ‘‘The forward for transportation in the area ceived a sentence of 22 years. He is a simple truth is we do not have suffi- of recreation purposes. It is not going convicted felon. Again, I do not want cient forces in Iraq to meet our mili- to be enough. We are not even prepared to get into issues that I think we both tary objectives.’’ at this stage to have orderly transi- agree do not really go to the heart of ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tions in terms of rest and recreation our policy but reflect the failures of The SPEAKER pro tempore (Mr. periods, let alone what will now take the management of the so-called war RENZI). The Chair would remind all place with the transfer of troops. against terror. Members to refrain from quoting the Mr. DELAHUNT. I am aware of the Mr. ABERCROMBIE. Mr. Speaker, if Senate, including quotations of indi- gentleman’s expertise in terms of the gentleman would yield, the reason vidual Senators. issues involving national security. I do this has relevance is because these are Mr. ABERCROMBIE. Mr. Speaker, not know whether the gentleman had the people who are formulating the pol- clearly this advertisement to which we an opportunity to read just recently icy. These are the people who are mak- are referring in which the phrase the fact that we are now, for the next ing the case for the foundations of the ‘‘some are now attacking the President 6 months, under the benchmark in political policy that we find our troops for attacking the terrorists,’’ is meant terms of readiness as far as our Army having to bear the brunt of. That is the to reestablish a link between Iraq, the is concerned. And yet we have members whole point here. The question is not attack in Iraq and 9/11. That is to say, of the administration, an Under Sec- whether we are against terror, the there has been a constant drum-beat retary of State and others, such as question is not whether there is sup- attempt by those who advocated this Richard Perle, who is the former chair port for the troops, the question is do war in Iraq that this was somehow an of the Defense Policy Board, insinu- we have a political policy that is wor- extension or expansion or movement ating that if Syria does not get its act thy of their sacrifice. toward a more direct attack on ter- together, they might be the next one Mr. DELAHUNT. The question is, I rorism, whereas no link has been estab- subject to a military intervention by dare say, who is in charge? For me, it lished between the attack on the Trade the United States. was an interesting Sunday morning Towers and the plane crashing in Penn- But having said that, I just want to when I listened to the chairman of the sylvania, no link has been established go again back so that those who are Senate Foreign Relations Committee, between that and this attack on Iraq. listening are aware that that ad at- RICHARD LUGAR, again another highly- To the contrary, there is more than tacking Congress, and presumably respected Republican with considerable ample evidence to indicate that there Democrats, is just simply untrue. experience in terms of foreign rela- were policymakers around the Presi- Mr. ABERCROMBIE. If the gen- tions, along with the senior Democrat dent who wanted to have this attack on tleman will yield for a moment on his on the committee, Senator JOE BIDEN. Iraq well before 9/11, and 9/11 became latter point, I was looking through my When Senator BIDEN made the state- the excuse for them to bring this back notes for a moment, and the gentleman ment that the President should take up, move it into the forefront and, in indicated Mr. Perle. Would this be the charge, and Tim Russet, who happened fact, displace the war on terror, the re- same Mr. Perle, quoting from the Fi- to be the moderator, asked whether sponse to the attack on terror. nancial Times of December 4, that ‘‘the that was good and necessary advice, That is, in fact, not just what was Boeing Corporation has taken a $20 Senator LUGAR, the Republican Sen- implied in this ad, but this is clearly million stake in an investment fund ator from the State of Indiana who an attempt on a political basis to try run by Richard Perle, a top Pentagon chairs the Senate Foreign Relations to reestablish that in the minds of adviser, underlining the close links it Committee said yes, it is, it is very Americans across the Nation so that has built to Washington’s defense es- necessary. I concur with my colleague, this becomes a defense of this failed tablishment. Boeing said it made the the President has to be the President, policy in Iraq. investment in Trireme Partners last that means the President over the Vice Mr. DELAHUNT. Mr. Speaker, let us year as part of a broad strategy to in- President and other Secretaries. LUGAR remember for a moment this it was vest in companies with promising de- had just had enough of the administra- practically a unanimous vote with one fense-related technologies.’’ The Fi- tion’s divided voices, especially the exception, over 400 Members of this nancial Times adds, ‘‘Boeing said it Vice President’s which he described, House voted to support, the gentleman

VerDate jul 14 2003 05:59 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00152 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.155 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12899 and I included, to support the interven- but we are finding ourselves on the and more trading in heroin than ever tion in Afghanistan because, clearly, verge of losing. before in the history of Afghanistan, there was a haven for the terrorists Mr. ABERCROMBIE. Mr. Speaker, than ever before in the history of any there. There were al Qaeda camps this is precisely the point that we are nation on the face of the Earth. I there. There was al Qaeda training trying to make, and have been trying should say any region on the face of there. But now let us stop for a mo- to make here in Iraq Watch, over and the Earth, because clearly Afghanistan ment and examine what has happened over again. By engaging as we are in does not rate the name of nation now in Afghanistan. What has happened in Iraq right now, we are actually under- in terms of commerce and stability and Afghanistan, if this administration is mining our capacity to confront terror, political equilibrium that we associate really serious about the war on terror, whether in its most physically mani- with the term. The only thing that is we are facing a crisis in Afghanistan. fest form in Afghanistan or in the re- stable, the only thing that is growing, They have the responsibility. cruitment and the propaganda that is the only thing that is expanding, the I do not know if the gentleman is now sweeping the Islamic world with only thing that is a sure thing in Af- aware, but after the overwhelming vic- regard to whether or not America is ghanistan is there is more heroin being tory by the military in Afghanistan, in now an enemy that must be fought at traded for more money that is going to the 2003 budget the dollars that were all costs. We are increasing the number find its way into the pockets of those appropriated or recommended by the of people who can succumb to that who are financing terrorism. administration for reconstruction and kind of message because of what we are Mr. DELAHUNT. And come to the support for Afghanistan amounted to doing in Iraq and what we are not streets and the communities and the nothing, not a single dollar. doing in Afghanistan. neighborhoods in this country. There is Fortunately, this House and this Mr. DELAHUNT. And yet months ago one statistic the gentleman might be Senate appropriated some $800 million. the White House was attempting to interested in. Since our intervention 2 But stop for a moment and realize that call Afghanistan a success stories; but years ago in Afghanistan, opium pro- those that attacked the United States they failed to commit the necessary re- duction has increased 19-fold and be- on 9/11, al Qaeda, Osama bin Laden, sources, and now we have a chaotic and come the major source of the world’s those terrorists that were clearly pos- increasingly dangerous country where heroin. Who is retreating? I want to ing an imminent and direct threat to violence is the norm, where the win, and I know you want to win. That Americans everywhere, and still do, are Taliban is returning, and one can only opium production will fuel terrorism. multiplying like fishes and loaves, see that we are on the verge of repeat- By the way, President Karzai, whom I were headquartered in Afghanistan and ing the same mistake in Iraq. Can believe is a man of great courage, it is protected by the Taliban regime. It has Members just imagine in terms of the well known among all the inter- been 2 years, and what is happening in prestige and the influence of the national observers and participants in Afghanistan? United States, not just in that region the efforts to assist Afghanistan that Mr. ABERCROMBIE. Mr. Speaker, if but all over the Muslim world, as well he cannot leave Kabul for fear of being the gentleman would yield, I think we as the entire globe, what would happen assassinated. His brother, who rep- see in the dialogue that has taken in terms of the erosion of our stature. resents the government in southern place between Secretary Powell and There was a very good analytical Kandahar, which is a province in Af- our NATO allies, the answer to that piece done by a columnist by the name ghanistan, was very blunt to a re- question. The NATO allies are not of Jake Kaplan, and I want to quote porter. He said recently, ‘‘It’s like I am going to increase to the degree they what he said 4 or 5 months ago. ‘‘As we seeing the same movie twice and no reconsider reconstruction plans in Iraq have any troops there at all, and they one is trying to fix the problem. What and the administration promises to de- do have some in insignificant numbers. was promised to Afghans with the col- mocratize the country, it is worth tak- The Italians, for example, have police lapse of the Taliban was a new life of ing a look at our liberalization of Af- officers, and so on, but insignificant hope and change. But what was deliv- ghanistan. A year later, many of the numbers. They are reluctant at best, if ered? Nothing. There have been no sig- atrocities we thought would stop still not outright hostile, toward the idea of nificant changes for the people.’’ continue, and even Bush’s allies in the increasing their presence in Iraq for a Hamid Karzai says he does not know Senate on Afghanistan think we have simple reason, it is the NATO forces in what to say to people anymore. And undercommitted to efforts that could Afghanistan that are bearing the brunt who is retreating? Who is allowing ter- truly change that country for the bet- rorism to experience a renaissance, if of trying to deal with the continuing ter. ’Afghanistan’s experience does not you will, in Afghanistan, after the battle that is going on there against bode very well for the upcoming one,’ promises were made by this adminis- terrorism. That war on terror was not said Steven Burke of the Center for won in Afghanistan, it is ongoing. It is International Conflict Resolution, who tration? Mr. ABERCROMBIE. If the gen- ongoing as we speak. We do not have just returned from 16 days in Afghani- tleman will yield, I think the answer is sufficient forces, let alone intelligence stan in early March. It is a country very, very clear. All of our assets, there, right now. that needs attention and commitment, human and otherwise, are being con- The gentleman may know we now but there is an inclination to with- centrated in Iraq, or that area of the have to deal with the horrifying con- draw.’’ sequences and stories that will be And there is an ad that says that world which purports to be Iraq. As the going around based on what happened Congress is retreating? Who are these gentleman knows, Iraq is a construct in Afghanistan within the last 36 hours people that are retreating from the war of the post-World War I colonial pow- where nine children were killed in an on terror? And yet no dollars in the ers, particularly Great Britain and attempt to try to take a presumed mil- 2003 budget submitted by the adminis- France. And so even the idea that there itant, whatever the word is these days tration were incorporated into that is a political construct there that can that is attached to anybody that we budget for Afghanistan, and that ad be referred to for elections or anything can presume to be an enemy. runs? That is more than an untruth. else is little more than fiction to begin We do not have sufficient forces, we Mr. ABERCROMBIE. Mr. Speaker, we with. The plain fact of the matter is do not have sufficient assets, we do not may not be financing what is necessary that we cannot move forward in Af- have sufficient concentration of intel- for either troop movements or political ghanistan because the assets that are ligence efforts in Afghanistan right stability in Afghanistan, but I can as- needed there, particularly financial, now because we are diverted in Iraq. sure the gentleman, I am sorry to say are being wasted right now in Iraq. Mr. DELAHUNT. And the American that financing is nonetheless taking Mr. DELAHUNT. Again, I do not people should know that the Taliban place in Afghanistan except it is going want those that might be watching us and al Qaeda are experiencing a resur- to be for terror. this evening having this conversation gence in the border area of Afghanistan to think that simply because you and I with Pakistan. They are coming back. b 2015 are Democrats that there are not con- We are on the verge of losing the war We now have more poppies being cerns that have been expressed by against terror. We are not retreating, grown, more heroin being processed, Members in the majority party. There

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00153 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.157 H08PT1 H12900 CONGRESSIONAL RECORD — HOUSE December 8, 2003 was an article that appeared in a maga- means. It means that you stop doing we are going to have to do in the mean- zine that circulates here in Washington what you are doing and you leave. I do time, then, to try and protect those particularly among Members and those not know whether anybody noticed it troops that are already there and to that work on Capitol Hill. This is back or not, I certainly noticed, about No- try and find an exit strategy worthy of several weeks ago in Roll Call. The ar- vember 15, that is precisely what Mr. the name that can allow us the oppor- ticle is entitled, ‘‘As Supplemental Bush and Mr. Bremer concluded, that tunity to turn over some kind of polit- Heads to Conference, Members Warn of the United States was going to cut and ical capacity in Iraq. There is a bill Cautionary Tale in Afghanistan.’’ run. That is what we are doing right going forward that hopefully will be Members are using the war-torn nation now. The problem is that we are not signed on a bipartisan basis to increase as an example of what not to do in admitting that that is what we are the end strength of the armed services, Iraq. ‘‘Remember, Afghanistan was the doing and we are sacrificing the Re- the Army and Marines in particular, haven for Osama bin Laden and al serves and the Guard and the active and I am afraid now we are going to Qaeda,’’ I am quoting now from Rep- duty military that is there now and have to include the Air Force. At one resentative JIM KOLBE, chair of the Ap- that which will be going there to this point I think if we had handled this, we propriations Committee in this body on continued failed policy without admit- would not have had to add the Air foreign relations. He said there has ting what we are doing. Force. Since 1995, I for one and others been some neglect of it. He was refer- We are turning over supposedly con- on the Committee on Armed Services ring to the 2-year U.S. effort to rebuild veniently, just before the election in and other interested parties have been Afghanistan after toppling its repres- 2004, turning over, supposedly, the urging, so this goes beyond the present sive and terrorist-shielding Taliban present occupation to a government in administration. government. Iraq. If that is not cutting and running, We are not trying to draw distinc- Representative LEWIS, our colleague I do not know what is. Are we going to tions there. Since 1995, some of us have from California who chairs the appro- turn over control, such as it might be, been urging an increase in the end priations subcommittee on defense, to some governing entity in Iraq, or strength. That is an inside baseball said, ‘‘One really does need to under- are we not? And if we are, what con- term in the Committee on Armed Serv- stand the challenges we face in Iraq. stitutes that governing entity, this ices for increasing the number of We should not leave vacuums like we farce of an advisory group that we have troops in the Army and in the Marine did in Afghanistan. A failed state there there? Shiite clerics? The ill-equipped Corps, because we could see the kinds could be an incubator for terrorism and untrained police forces that we of deployments that were taking place, again but the resources have not al- have cobbled together? Or perhaps we whether it was in Kosovo, whether it ways followed the policy.’’ Again, there are going to turn it over to this new was in Bosnia, in other words, in East- is Senator LUGAR. paramilitary army made up of armed ern Europe, whether it was in the Phil- Mr. ABERCROMBIE. If the gen- members of various political parties in ippines. No matter where it was and no tleman will yield, I will tell you where Iraq. A paramilitary force. matter what the reasons may have we do have a visible presence, where we And we have the gall to turn to the been, no matter how one felt about it do meet the criteria that is stated and American people and say, ‘‘Well, they one way or the other, the plain fact of enunciated by Representative LEWIS are preparing to defend themselves.’’ the matter is that there was sufficient and the good Senator. We now have They are preparing to cut each other’s support to warrant these deployments, barbed wire villages. Those images are throats. They are preparing to fight and we did not have the troop strength going all around the world as we speak. one another, not just politically but available to do it. We do not yet have We are now creating our own areas of with guns and bullets. The fact of the a reinstitution of the draft. concentration camps and villages com- matter is that there is utter and com- When people talk about the war on plete with identification cards that plete political chaos in Iraq that is not terrorism, most people are watching it have to be shown to American soldiers being addressed by existing military on television. We are depending on a so that people, and I say people, I am policy of the United States. volunteer force to do that. What sac- talking women, children, men, entire Mr. DELAHUNT. And they made the rifices have we made? Some inconven- villages now are being processed same, and continue to make the same, ience in an airport? Somebody running, through barbed wire into their own vil- mistake in Afghanistan. After more as they did for me yesterday when I lages. than 18 months now, only about 7,000 flew here, running their wands over Mr. DELAHUNT. It is called winning troops have completed training under your shoes? Having you hold your arms the hearts and minds of the people, I British and French and American offi- out so that they can check your watch? presume. cers. That program has been delayed by Examining your baggage? What kind of Mr. ABERCROMBIE. The parallel, desertions and political interference sacrifice is that? At most it is an in- and I am not one to draw analogies to from Afghan warlords. At this point in convenience. Vietnam because I think most of those time, it was estimated there would be The only sacrifice that we have made kinds of comparisons tend to be inex- 50 or 60,000 in the Afghan police and in as a population since 9/11 is we post- act and then you end up in useless the Afghan military. And they expect poned the Super Bowl one week. An in- kinds of arguments as to exactitude, that they are going to have in June a convenience. That is the only sacrifice but the parallels are there. You may national election. If they have a na- that has been made. This is being recall the rather infamous phrase asso- tional election, one can only imagine watched on television. This is being ob- ciated with our pacification policy in the magnitude of violence that will served. We get the little tear in the eye Vietnam. We had to destroy the village occur. and we get the flag being waved around in order to save it. Now in order to sta- We are losing the war on terror, Mr. those who are in Walter Reed or in Be- bilize Iraq, we have to take barbed wire President. We are not retreating. What thesda Hospital right now with griev- and surround whole villages with it. So we are imploring you to do is to con- ous wounds. The sacrifice of the troops I think the question here is, at this sult with Congress. Do not consider is not the point here. It is the sacrifice stage, what is to be done? How are we Congress as a nuisance. Listen to the of those troops on a battlefield of cor- to regard the war on terror and what Jim Leaches, to the Chuck Hagels, to rupt political policy unworthy of the the relationship of the attack on Bagh- the John McCains, and to others that troops that are out there. And I tell dad and the subsequent war which fol- have valuable insights in terms of what you this, we cannot sustain with the lowed it, how is that to be handled? war is truly about and, most impor- existing Guard and Reserves that we How is that to be addressed by the tantly, how to make peace and protect have in this country the continual de- United States? the Americans and our national secu- ployment into Iraq and still meet the We are told, and again these cliches rity interests, and tell the RNC to take necessities that we have outlined with and bromides come fast and furious, that ad off, because it is a lie. It is not respect to Afghanistan. That does not that we should not cut and run. I am just an untruth. even begin to include questions about going to have to presume, I guess, that Mr. ABERCROMBIE. If the gen- North Korea or any other place that I know what cutting and running tleman will yield, I will tell you what United States troops may or may not

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00154 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.158 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12901 be needed in the future as a result of It is indeed unfortunate that politics President for attacking terrorists. I some activity, other kinds of terrorist would be allowed to play a role in deci- mean it is stupid on its face to say activity in other places around the sions where not just America tax dol- something like that, and it is clearly world. We are not prepared. We are not lars of a magnitude that will clearly at meant to be provocative and political able to engage in deployments with re- a point in our future become a drag on without forming any kind of an en- spect to terror in the rest of the world our economy because we are borrowing lightenment with respect to the issues because of the failure of our policies in those dollars, remember, and the grant at hand. What needs to be done, and I Iraq and our failure to understand the we gave them, we are not going to get think that the Iraq Watch that we have true nature of what was necessary in it back. But even more importantly, been engaged in these past weeks is in- Afghanistan. our men and women find themselves at dicative of this, that what needs to be b 2030 risk in terms of their personal safety done is to have this kind of dialogue. Mr. DELAHUNT. What is refreshing every day. This is not a place for poli- We do not have the hearings. We do not is within the past 2 or 3 weeks there tics. This is not a place for attack ads. have the dialogue during the regular has been some candor on the part of And I dare say that if that is the strat- course of the day. We are getting ready to recess. The representatives of the administration. egy that is being designed by the Presi- Congress is going out of business in the In a recent story in the Washington dent’s political advisor, it will back- midst of this winter. There will be no Post back on November 19, the new fire, because the American people, they recess in the wars. There will be no re- U.S. Ambassador to Afghanistan made get it. They really get it. Mr. ACKERMAN. Mr. Speaker, will this acknowledgment: He gave the ad- cess in the killing. There will be no re- ministration’s bleakest assessment yet the gentleman yield? cess in the wounding. There will be no Mr. DELAHUNT. I yield to the gen- of security conditions in Afghanistan, recess in the political implications. I tleman from Hawaii. saying that a regrouping of the Taliban can assure the Members of that. We are Mr. ACKERMAN. The acting Sec- reaping a whirlwind of hatred and dis- and al Qaeda, increased drug traf- retary of the Army I am afraid has not ficking, and even common criminals trust across the world such as we have gotten that particular message because not faced certainly in my memory. The are hampering Karsai in the transition in relation to right in my own district to democracy. Taliban rebels have dra- United States has always represented a out in Hawaii, the movement of troops matically stepped up operations in re- beacon of hope to people. In our worst out of the 25th up at Schofield Bar- cent months, and Khalilzad, who is our excesses and in times when there has racks, out into Asia and into Iraq, the Ambassador, said, ‘‘Common criminals been the most argument, even within movement of Guard and Reserve and al Qaeda followers are increasingly the borders of the United States as to troops, indicated that this was justified active.’’ what our policy should be or should not Just be honest with the American on the basis that if we did not fight be, it has always at least had as our people. Do not talk about Congress not them, presumably whoever these peo- fundamental base that we were trying supporting the war on terror or Demo- ple are, terrorists and opposition, mili- to do the right thing by way of our co- crats not supporting the war on terror tary opposition, fight them over there, operation with others, by way of our or selected Republicans not supporting wherever ‘‘there’’ is, that we would be respect for other people; and yet today the war on terror. Every American has fighting them here, that is to say, in our whole policy is we are going to do an interest in defeating those that the United States. The clear link there as we please. We are going to take up would attack this country. Do not obviously is that had we not attacked the issues as we see fit, and whether question motives. Do not question peo- Iraq, Iraq would somehow be attacking anybody else wants to involve them- ple’s patriotism. Do not question the the United States, that somehow we selves with us, that is tough. We do not effort to create a policy. Many of us in- would be the victims of an assault by care. That is not a foreign policy. That cluding myself and the gentleman from Iraq or the forces of Iraq and presum- way lies blindness and defeat for this Hawaii opposed American intervention ably by that meaning Saddam Hussein. country. in Iraq, and I stand by that decision Mr. DELAHUNT. Mr. Speaker, they Mr. DELAHUNT. Mr. Speaker, I proudly. But now that we are there, do still cannot find the weapons of mass thank the gentleman for his remarks. destruction. And, by the way, I do not not politicize the efforts that are being f made to deal with these egregious con- know if the American people are aware of this, but it has cost and will cost the THE REPUBLICAN MEDICARE ditions in Iraq and in Afghanistan LEGISLATION when this administration has made American taxpayer simply to look, to promises to those people and to the secure the experts, secure the exper- The SPEAKER pro tempore (Mr. American people and are not living up tise, to look for these weapons of mass RENZI). Under the Speaker’s announced to them. destruction, which by now there is an policy of January 7, 2003, the gen- What I found fascinating was a secret overwhelming consensus that they do tleman from New Jersey (Mr. PALLONE) memo, a secret memorandum, that was not exist and that they never existed. is recognized for 60 minutes. authored by the Secretary of Defense, It is costing the American taxpayers $1 Mr. PALLONE. Mr. Speaker, I would Mr. Rumsfeld, who was widely known billion. Just think of what $1 billion like to take to the floor this evening to or at least widely believed to be an ar- could do for Hawaii or for Massachu- discuss the Medicare legislation that dent hawk about military intervention; setts. I mean, I guess, that is a subject the President signed today. And need- who, along with the Vice President and for another night. less to say, I am very critical of the Under Secretary Wolfowitz, told the Mr. ACKERMAN. Mr. Speaker, if the legislation which was essentially and American people that our military per- gentleman would yield, precisely my primarily sponsored by the Republican sonnel would be greeted with flowers point is that it serves little good both leadership, and, obviously, supported and bands and welcomed as liberators. to a sensible and reasonable and ra- by the President of the United States. But now the reality has set in. And in tional dialogue as to what steps we And I know that the President signed a secret memorandum, Secretary should take now with regard to our oc- the bill with great fanfare today, but Rumsfeld is expressing concerns about cupation in Iraq and the continuing certainly from the reaction that I have whether we are winning the war on ter- military operations in Afghanistan, it been getting in my district and rorism, and he posed two interesting does little good for us to engage in a throughout the State, because I was in questions in this secret memorandum dialogue in which these kinds of accu- various locations around the State of that was leaked so the American peo- sations are made or these kinds of ob- New Jersey over the last 2 weeks when ple could find out what was going on in servations such as I have just outlined: we had our Thanksgiving recess, the terms of the administration’s honest If we do not fight them there, we will reaction amongst New Jerseyans has assessment. ‘‘Are we winning or losing have to fight them there. This is hard- been overwhelmingly against the bill. the global war on terror?’’ was one of ly worthy of the Secretary of the Army And I have to say that the concerns the questions. And ‘‘Is our current situ- let alone any high official of the gov- that I am hearing from senior citizens ation such that the harder we work, ernment. It is hardly worthy of any- in New Jersey, and I am sure this is the behinder we get?’’ body to say some are attacking the echoed throughout the country, are

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00155 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.159 H08PT1 H12902 CONGRESSIONAL RECORD — HOUSE December 8, 2003 primarily concerned that they have some cost containment in this bill and sion is not provide the seniors a choice, been fooled, that the President and the in reality there is not any. There is ac- but say it is essentially either my way Republican leadership in the Congress tually a prohibition on any kind of cost or the highway. You either choose a are telling them that the Medicare bill containment on the bill with regard to prescription drug plan under an HMO, is going to accomplish certain things, prices for prescription drugs. or you choose a prescription drug plan particularly with regard to prescrip- under a drug-only private insurance b 2045 tion drugs, but the reality is that it is policy. But if you want to stay in tra- very different from what the Repub- Now, a second way that the Repub- ditional Medicare, then not only do licans are saying about the Medicare licans try to fool the seniors is by say- you not get the drug benefit, but you legislation. And I just wanted to go ing that Medicare is going broke. I cannot even buy supplemental cov- through some of the areas where I have had so many of my colleagues on erage to pay for supplementing the think that there is an effort on the the Republican side get down on the holes, if you will, in your existing part of the Republicans to say what floor here in the last 6 months and say, Medicare coverage. this bill will do in a positive way and well, we have to make changes and re- What the Republicans are doing is ev- point out that the reality is very dif- form Medicare because it is going erything possible. They say it is ferent. broke. choice, but really what they are doing First of all, I would say that the Re- In fact, Medicare is not going broke. is denying you a choice by making it publican Medicare legislation tries to The only reason why there is any prob- almost impossible for you to stay with- fool the seniors by saying that some- lem at all with the Medicare trust fund in the traditional Medicare program if how they are going to get a discount. If is because the Republicans have been you want a prescription drug program, we talk to seniors and even the public borrowing from the trust fund in the or, maybe even if you do not, because at large, the biggest concern they have last 2 years to pay for their tax cuts. you cannot buy Medigap supplemental about prescription drugs is not only So the trust fund has actually lost coverage. that they cost too much but that the money because we, the Congress, in ba- Already some of my colleagues on costs keep rising, actually much more sically enacting legislation that would the Republican side are saying, well, than inflation, and the bottom line is provide for huge tax cuts, primarily for that prohibition on Medigap insurance the bill does absolutely nothing to the wealthy or for corporate interests, does not take effect until 2006, and bring the cost of prescription drugs has not had the money to implement sometime between now and then we down. In fact, there is a provision in those tax cuts and has been borrowing will get to that and change that. the bill, and I would like to make ref- from the Medicare as well as the Social Maybe we will repeal that provision. I erence to it, called the noninterference Security trust funds to pay for those think they should repeal the whole clause that was actually the subject of tax cuts. thing. Frankly, the whole thing that an editorial in the Los Angeles Times So, again, another effort to try to the President signed today is bad. It is within the last few days, and because fool the seniors, to suggest that some- bad for Medicare and seniors. of the fact that there is this noninter- how Medicare is going broke, when in I want to get into a few more areas ference clause in the bill, the Medicare fact the only problem with Medicare where I think the President and the Administrator, that is the person at stems from Republican fiscal and tax Republicans are fooling the seniors. the Federal level who administers the policies. They are not giving them choice; they Medicare program, will not be able to The third thing that the Republicans are denying them choice. But the other negotiate prices and bring down prices, try to do is fool the seniors by saying way they try to fool the seniors is they because keep in mind, Mr. Speaker, they are giving seniors a choice. In say they are getting a benefit, and they that in many cases if they represent a other words, the theory is that if you suggest it is a very generous drug ben- lot of people, as in the case of the privatize Medicare or if you say that in efit. The reality is it is not a meaningful Medicare Administrator who will rep- order to get a prescription drug plan drug benefit, and it is hardly generous. resent about 40 million seniors in the you have to join an HMO or you have It is ultimately going to cost you. If Medicare program, because they rep- to go to some kind of drug-only policy you decide you want to join an HMO resent so many people, they can nego- essentially outside of traditional Medi- and lose your choice of physicians be- tiate a lower price for them for par- care, that somehow you are given a cause you want this benefit, this ben- ticular drugs on a given day or a given choice. efit will, nonetheless, cost you so much week or a given year. But what the Re- The reality is the seniors lose their out-of-pocket compared to what you choice, because the most important publicans put in the bill at the request are going to get back from the Federal thing that seniors want is a choice of of the pharmaceutical companies is Government that I would venture to physicians; and if they have to join an this noninterference clause. And if I say that probably less than 10 percent HMO, which is essentially the only way could read it, it says: ‘‘Noninter- of the seniors would actually opt for ference,’’ in order to promote competi- practically speaking you are going to this kind of a benefit, because it is tion under this part and in carrying get a prescription drug benefit under such a meaningless benefit. out this part, the Secretary, that is of this bill, you are going to lose your Let me give you an idea what I am Health and Human Services, the Medi- choice of doctors, you might lose your talking about, because I do not want to care Administrator, may not interfere choice of hospitals, you are certainly talk in general terms. I want to give with the negotiations between drug going to lose your choice of certain examples of why I say even if you manufacturers and pharmacies and kinds of medical procedures, because wanted this benefit, if you decided to PDP sponsors and may not require par- the HMOs simply will not cover it. get out of traditional Medicare and ticular formulary or institute a price The ultimate irony was this Sunday join an HMO, why you would not want structure for the reimbursement of in the New York Times there was an to do this. covered part D drugs. article on the front page by Robert Let me give you three examples of a So, essentially, what this clause says Pear that pointed to a little-known as- senior with $2,250 in drug costs in a is that unlike what we do with the Vet- pect of this Republican Medicare bill year. In other words, if your prescrip- erans Administration or what unlike where they forbid the issuance of tion drugs are going to cost you $2,250 what we do with the military, the Fed- Medigap supplemental insurance poli- in a given year, you are going to pay eral Government cannot negotiate, on cies once the drug benefit goes into ef- $420 in premiums, that is $35 each behalf of all these seniors, lower prices. fect in the year 2006. month times 12, a $250 deductible and That is wrong. But more than its being Let me tell you, if the Republicans $500 out-of-pocket, which is 25 percent wrong and not making any sense be- are saying they are going to give sen- of the drug costs that you have to pay cause of the power of the Medicare Ad- iors choice, how is there choice when when you first go beyond your deduct- ministrator to negotiate lower prices, they cannot even choose a Medigap ible of $251 to $2,250. You are actually it fools the seniors. It gives the impres- supplemental insurance policy? It is paying $1,170 for $2,250 in drugs. sion to the seniors that the Repub- the opposite of choice. What the Re- You might say, well, that is not too licans are giving that somehow there is publicans have done with that provi- bad. I am getting less than 50 percent

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00156 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.161 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12903 of my drug costs paid, but maybe it is House version of this bill they wanted they going to do to my Medicare? Peo- a good deal. Well, not if you have to to essentially privatize all of Medicare ple personalize Medicare. It is so im- lose your doctor and join an HMO. But by the year 2010, but because the other portant to them, and yet all these even with all that, less than 50 percent body, the Senate, would not go along changes are going to take effect that of your drug costs are being paid for by with it, they ended up putting this in are against their interests. the Federal Government. certain demonstration programs. I have editorials that are written in But most seniors are not in the cat- One of these demonstration programs my local papers against this. These egory where their drug bills are $2,250 a is going to be in the southern part of were not editorials I suggested. These year. More seniors have drug expenses New Jersey, not in my district, but in were the newspapers and the local sen- that are larger than that and fall into the southern part of the State. There ior groups looking at this Medicare bill the so-called donut hole. This is an are about 200,000 seniors in the south- and saying how it was going to be det- area where if you have your drug bills ern part of New Jersey that are likely rimental to them and the future of the above a certain amount, the Federal to be in this demonstration program, Medicare program. Government pays no part of the cost of where they are going to be given a I see that my colleague, the gen- your drug bills. I want to give you an voucher and told you go out and buy tleman from Ohio (Mr. BROWN) is here. example of that. your health insurance with this set He is the ranking Democrat on the Let us talk about a senior whose drug amount of money and you cannot stay Subcommittee on Health; and he has costs fall above $2,250, or in this donut in traditional Medicare. been outspoken on this issue, particu- hole where they have to pay 100 per- If you say you want to stay in tradi- larly in pointing to the conflicts of in- cent of the cost. Say a senior has $3,500 tional Medicare, what they are going terest that exists with the drug compa- in annual drug costs. This does not ex- to do is say, okay, if you want to stay nies and the insurance companies who ceed the $5,100 catastrophic cap, so in traditional Medicare, you have to stand to benefit from the changes that they would pay $1,170 for the first pay the difference in cost between that are in this Republican bill. $2,250, and, as I said before, $1,250, voucher and what it costs the Federal I yield to the gentleman. Mr. BROWN of Ohio. Mr. Speaker, I which is 100 percent of the difference Government to provide the traditional thank my friend from New Jersey, who between $2,250 and $3,500. So if your Medicare, which could be an extra $500, has just been dogged in his pursuit of drug costs were $3,500, you would be an extra $1,000, an extra $2,000 per year. this issue and trying to protect Medi- paying $2,420 for those $3,500 in drug Essentially, seniors are going to be care, trying to write a prescription costs, or 70 percent of the cost. forced out of traditional Medicare, just drug benefit inside Medicare, and not This is because if your drug costs es- the opposite of what the Republicans this privatized HMO kind of Medicare sentially go between $2,000 and $5,000 were saying. before you get to this catastrophic The last thing I want to say, where inadequate prescription drug plan that level, you are paying 100 percent of the there is a serious element of deceit, is the President signed today. When you listen to the gentleman cost. You are actually going to be in a the Republicans are trying to fool the from New Jersey (Mr. PALLONE), you situation where you are paying pre- seniors by saying they are going to get just keep asking the question, why is it miums every month to the Federal a drug benefit immediately after the that all this happened this way? Why Government for this drug benefit, but bill goes into effect. Practically every would such a bill pass the Republican getting nothing back, because you are Republican who got on the floor the House, pass the Republican Senate, in at that point after 6 or 7 months in the night we debated this bill made that very close votes, and be signed by the year where you have exceeded the statement in some form or the other, President? Why would they do this? $2,250 in costs, but you are not up to and it is simply not the case, because The answer is pretty clearly the kind $5,000, so you are paying premiums and this drug benefit does not go into effect of influence that the drug and insur- getting nothing to cover your drugs. until the year 2006. ance industries have in this body. The You talk about a benefit and you talk What they are going to do over the word on the street is that the drug about trying to fool the seniors; it is next 2 or 3 years before it goes into ef- companies, the prescription drug com- unbelievable how much deceit is essen- fect is give you some kind of discount panies, are going to contribute $100 tially involved in this legislation. drug card. In New Jersey, we see a lot million towards the President’s reelec- I just want to get a couple more ex- of these because we have a lot of phar- tion. It is no surprise that nothing amples, because I see my colleague maceutical companies, and most of passes this Chamber, nothing gets from Ohio is here. Let me give you a them give out a discount drug card. through both Chambers, nothing gets couple more examples of how they try You pay a certain amount of money, enacted into law and will be signed by to fool the seniors. and you get anywhere from a 5 to 10 to the President unless it has the support The Republicans say to seniors they 15 percent discount on your drugs. But of the drug companies. will be able to stay in traditional Medi- since there is no cost containment, it Let me just talk for a moment about care if they want the prescription drug essentially is a ruse, because the drug that, and then I want to tell a couple of benefit. As I have said, that is really companies charge whatever they want stories. The 10 biggest drug companies not true, because they have to join an for the prescription drugs and give you in this country had revenue last year HMO to get any kind of drug benefit. If a 5, 10, or sometimes maybe a 15 per- of $217 billion, more than the entire they want to buy a drug-only policy, cent discount. GDP, gross domestic product, of the which might be out there, the pre- So now the Federal Government, ac- country of Austria. These 10 companies miums for that will probably be so high cording to the President, over the next posted profits of $37 billion last year. it will not even be available. 2 or 3 years before the drug benefit That is more than the Federal Govern- But the worse aspect of this when comes into play, is going to hand out ment spent on the entire VA health they say you can stay in traditional these drug cards to seniors so they can care system. It is more than the entire Medicare is for those seniors who are get the slight discount, which is really Housing and Urban Development budg- going to be in these demonstration pro- no meaningful discount at all. et for last year. grams throughout the country, where I have to say I was not surprised The drug companies on this year’s they are essentially going to give you a when I went home over the Thanks- Fortune 500 list posted profits of more voucher and say we are going to give giving recess over the last 2 weeks, all than 17 percent, 5.5 times what the rest you so much amount of money to pay that I heard at the senior centers, even of the Fortune 500 profits were. The for your health insurance, but you on the street, even at the supermarket, drug industry led all other Fortune 500 have got to go to the private market were people coming up to me and being industries on two key profitability in- and try to find someone to give that not so much mad as upset in some dices, return on revenues and return on voucher to, that set amount of money, cases almost to the point of tears over assets. to pay for your health insurance. what this Republican bill is going to do Now, I want to get there, even with This is not even with the prescription to their Medicare. that, even with the drug industry’s drug plan. This is Medicare in general. People are saying to me, Are they iron lock on this institution, the cor- The Republican leadership, in the going to take my Medicare? What are ruption, the incredible influence that

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00157 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.162 H08PT1 H12904 CONGRESSIONAL RECORD — HOUSE December 8, 2003 this industry has on this Congress, on of those 140, less than 1 in 10, fewer know about the profitability of the Republican leadership, on the Presi- than 1 in 10 Republicans in this House drug companies; we know about how dent, on the Vice President, on leader- voted to support it. Every leading na- the drug companies have, by and large, ship in the other body, in the Senate, tional Republican voted no. Future written this bill. even with all that, I think it is impor- President Gerald Ford, future Presi- We know that the drug companies tant to sort of see how we got here. dential nominee Bob Dole, future legis- benefit from this bill way more than At 2:54 in the morning on a Friday in lative leaders Bob Michel, John everybody else. They have 675 lobbyists March, this House cut veterans bene- Rhodes; future Defense Secretary Don- in Congress; 675 drug industry rep- fits by three votes. At 2:30 a.m. on a ald Rumsfeld, every leading national resentatives walk the halls of these Friday in April, in the middle of the Republican voted against the creation Chambers. There are 1.3 lobbyists per night, House Republicans slashed edu- of Medicare. Member of the House, and they spent cation and health care by five votes. At Now, after that passed and they real- $91 million in lobbying activities. That 1:56 a.m. on a Friday in May, the House ized the public liked it, there were no is just what they disclose; we do not passed a leave-no-millionaire-behind major efforts to try to get rid of it know what they really spent. They tax cut by a couple of votes. At 2:33 until 1995 when Republicans had their spent $50 million more on everything a.m. on a Friday in June, House Repub- first chance to do it when Republicans from ads to direct mail. They spent licans passed a Medicare privatization captured the majority of the House of nearly a half a billion dollars lobbying and prescription drug bill by one vote. Representatives. In 1995, Newt Ging- since 1997. They gave $30 million over- At 12:57 a.m. on a Friday in July, the rich, Speaker of the House, imme- all for the 2002 election cycle; about House Republicans eviscerated Head diately during the Contract With three-quarters of that to Republicans Start by one vote. Then after summer America tried to cut Medicare $270 bil- and, as the gentleman from New Jersey recess, at 12:12 a.m. on a Friday morn- lion to, what do we think, pay for a tax (Mr. PALLONE) and I have talked, we ing, in the wee hours of Thursday night cut for the richest people and the most hear on the street that Mr. Bush and in October, the House voted $87 billion privileged people in the country. Ging- Mr. CHENEY are going to receive $100 for Iraq. Always in the middle of the rich in that year, in October of 1995, million in campaign funds from the night, always a contentious bill, al- said, now, we did not get rid of Medi- drug industry. ways after the press had passed their care in round one, we did not think But let me, before finishing, let me deadlines, always after the American that is politically smart. We do not go back to what exactly happened that people had turned off the news and think that is the right way to go Friday night, early Saturday morning gone to bed. through a transition, but we believe it when the drug bill passed. The vote is going to wither on the vine. started Friday at about midnight, the b 2100 Texas Governor, then Governor vote on the Medicare privatization bill. With that track record, and the gen- George Bush was a strong supporter of The debate started Friday at about tleman from New Jersey (Mr. PALLONE) that privatization effort. Majority midnight. The rollcall began at 3 a.m. has illustrated this, we should not be leader Dick Armey, another Texas Re- Most of us took our vote cards, our lit- terribly surprised that when the House publican said, Medicare is a program I tle plastic cards, put them in the little passed legislation that privatizes Medi- would have no part of in a Free World. box and pushed either the green or the care, that dramatically changes the 38 Bob Dole bragged, I was there fighting red button. The clock runs out after 15 years of Medicare as we know it, that the fight against Medicare. The gen- minutes, but it is usually kept open for the House did it at 5:55 on a Saturday tleman from Georgia (Mr. LINDER), another 2 to 5 minutes. Typically, a morning. The Republican leadership Committee on Rules member, a Repub- vote here is often about 20 minutes. delivered this 100-page Medicare bill to lican, told me in a meeting in 2002 at But the Republicans were behind the House Members on Friday morning at the Committee on Rules, Medicare is a entire evening; the vote was losing. At 1:46 a.m. We voted on it 25 hours later. Soviet-style system. It is on and on 3:30, 4 o’clock in the morning, the vote But, Mr. Speaker, in a lot of ways I and on. The gentleman from California was 216 to 218. It was defeated. A ma- do not blame my Republican col- (Mr. THOMAS) who, with the drug com- jority was voting ‘‘no,’’ with only one leagues. If I produced that bill, I would panies and the insurance industry, Member, a Democrat, not yet voted. At not want people to know a lot about it wrote this Medicare privatization bill about 4 o’clock the vote had stayed either, because when Republicans sit this year, said, to those who say that open for 1 full hour. That is when the down behind closed doors with the in- this bill would end Medicare as we assault began. The gentleman from Il- surance industry and the drug industry know it, our answer is I certainly hope linois (Speaker HASTERT), the gen- and write a bill to privatize Medicare, so. tleman from Texas (Majority Leader of course they do not want the public This bill, as the gentleman from New DELAY), the gentleman from Missouri to know, because this bill is not a pre- Jersey (Mr. PALLONE) went through, it (Republican Whip BLUNT), the gen- scription drug bill when we really look jeopardizes employer-sponsored retiree tleman from Louisiana (Mr. TAUZIN), at it. We could have agreed coverage for the 12 million-plus seniors the chairman of the Committee on bipartisanly. The gentleman from New who have this coverage. Understand, as Commerce; the gentleman from Cali- Jersey (Mr. PALLONE) and I and our Re- the gentleman from New Jersey (Mr. fornia (Mr. THOMAS), the chairman of publican friends could have written PALLONE) has said, there are 12 million the Committee on Ways and Means all this bill, we could have agreed seniors today who have pretty good were walking the floor, surfing for bipartisanly to deliver a $400 billion prescription drug coverage as part of stray Republicans who were most like- prescription drug benefit inside of their retirement plans, retirement ly to cave whom they could bully or Medicare, delivered to people the same packages from their employers. Some, whom they could brow beat. They sur- way that people get their doctor and between one-fifth and one-third of rounded the gentleman from Ohio (Mr. hospital and get their choice: they send those, according to the Congressional CHABOT), trying a carrot and then a the bill to Medicare and it would work. Budget Office, will have their employ- stick; but he stood his ground and was But this bill is more about Medicare ers yank that coverage, and they will defiant. They tried a retiring Repub- privatization. For that, Republicans then be thrown into this privatized lican, the gentleman from Michigan have a long history. Medicare system. (Mr. SMITH), whose son is running to Republicans have never much liked Now, this bill, in addition to the succeed him. They promised support if Medicare as a Federal program. Turn problems that the gentleman from New he changed his vote to ‘‘yes’’ and the calendar 38 years back to the be- Jersey (Mr. PALLONE) mentioned, this threatened his son’s future if he re- ginnings of this most popular program bill creates a $12 billion slush fund for fused. He steadfastly, to his credit, perhaps in American history. When HMOs to encourage them to provide showed his integrity and stood his Congress passed the legislation cre- coverage; it increases drug industry ground. ating Medicare in 1965, in the spring of profits by $139 billion, increasing their Many of the two dozen Republicans 1965, there were 140 Republicans in the profits by 40 percent. We could go on who had voted against the bill had left House of Representatives. Only 13 out and on and on and on. We know, we the floor hoping to avoid the onslaught

VerDate jul 14 2003 06:10 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00158 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.164 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12905 from the gentleman from Illinois But if I could just point to the case that the facts and the circumstances in (Speaker HASTERT), the gentleman again with the gentleman from Michi- that case were, in fact, bribery. from Texas (Mr. DELAY), the gen- gan (Mr. SMITH), a lot of commentary The thing that really bothers me, I tleman from Missouri (Mr. BLUNT), and has been written about that over the say to the gentleman from Ohio, he the committee chairmen. One Repub- last 2 or 3 days, and I wanted to specifi- talked about the Republican responses lican that I saw was hiding in the cally mention a column by Robert when our leader, the gentlewoman Democratic cloakroom. Novak which was in the Chicago Sun from California (Ms. PELOSI), brought By 4:30, the bullying and the brow Times recently. And he mentions what this privileged motion up today, I lis- beating had moved into the Republican happened with the gentleman from tened carefully to the debate back in cloakroom, out of sight of the tele- Michigan (Mr. SMITH), and I just want- my office, and I was amazed to see how vision cameras and of the public. The ed to point to that and then I wanted some of my Republican colleagues re- Republican leaders by then had waked to point out the whole legality of it, sponded. Essentially, if my colleagues up President Bush, and the White because there is a serious question listened to what many of them were House was passing a cell phone from about whether what the Republican saying, it was the ends justify the Member to Member in the cloakroom. leadership did to the gentleman from means. They were saying that this vote At 5:55, 2 hours and 55 minutes after Michigan (Mr. SMITH) was legal. was so important and the issue of the rollcall began, literally twice as In Novak’s column he said that Medicare’s future and the prescription long as a vote had ever taken in the SMITH, a self-term-limited Congress- drug benefit were so important, that U.S. House of Representatives, 2 ob- man, is leaving Congress; and his law- that justified, in some cases they said, scure Western Republicans emerged yer son, Brad, is one of five Repub- leaving the board open as long as it from the cloakroom, they walked, licans seeking to replace him from a took until they could get the votes to ashen and cowed down this aisle, I was GOP district in Michigan’s southern pass the bill. sitting right there, down this aisle to tier. On the House floor, NICK SMITH Well, that is the most undemocratic the front of the Chamber, they picked was told business interests would give thing I ever heard of. Essentially it up a green card to change their votes, his son $100,000 in return for his fa- means that if I believe that something they scrawled their names and district ther’s vote. He of course declined, and should pass, and I am in the majority, numbers on the cards, and they dis- then fellow Republican House Members I am just going to keep the board open piritedly surrendered the cards to the told him they would make sure that until I get my way. That is it. It is the Clerk. Quickly the Speaker gaveled the Brad Smith, his son, never came to end justifies the means. bill. Medicare privatization had passed. Congress. After Congressman NICK Mr. BROWN of Ohio. Mr. Speaker, Now, imagine an election, an election SMITH voted ‘‘no’’ and the bill passed, that is exactly right. It is also, if we at home when the polls close at 7:30. DUKE CUNNINGHAM of California, an- look at the context of all of this, the Everyone has voted. One candidate other Republican Congressman and context is the huge, enormous influ- trails by a few votes, but election offi- other Republicans taunted SMITH that ence that the drug industry has on this cials, just not liking the outcome, de- his son was dead meat. body. I mean, the drug industry has a cide to keep the polls open for 3 more I mean, needless to say, it is out- strangle hold on the Republican leader- hours. They brow beat; they bully. rageous that this would even occur, ship, pure and simple. They give mil- They threaten, they offer jobs, they and certainly no one is suggesting that lions of dollars to Republicans, as we promise goodies for their neighborhood it did not occur. I have not heard any- have said before, we are hearing as or for themselves. Finally, lo and be- body suggest that what Novak said is much as $100 million to President hold, the election turns out the way not true; I mean, it obviously is true. Bush’s reelection. Nothing in this they want. But just earlier this week, there was Chamber, nothing happens without the The new rules in this House of Rep- a watchdog group called the Campaign drug industry saying it is okay. The resentatives, Yogi Bera might put it Legal Center that on December 3 urged drug industry puts millions of dollars tell us, ‘‘It ain’t over until the Repub- the U.S. Department of Justice to in- in campaigns. They hire so many lob- licans and the drug companies win.’’ It vestigate whether Members of the U.S. byists, 670-some I believe at last count, is sort of Florida all in one night. But House attempted to bribe a Member of well over 600. They run all kinds of tel- the American people should expect Congress into voting in favor of the re- evision ads and radio ads under the more. They should expect the House of cently passed bill. They referenced the name of something else. They basically Representatives conducted in the open. gentleman from Michigan (Mr. SMITH), launder their money through the They should expect Members to hon- and the group urged the House Com- United Senior Association, through estly, straightforwardly, openly cast mittee on Ethics to investigate the other groups, these disease advocacy their ballots; they should expect a drug matter. They sent a letter to the Jus- groups that are not really legitimate, pricing policy and a Medicare bill that tice Department, and they referenced a with millions of dollars and hide who can hold up, not only in the dark of section under title XVIII, section 201 of they are, the drug industry, and try to night, but also in the bright light of the U.S. Code where it says, ‘‘A person communicate with the public that way. the morning. commits bribery who directly or indi- I mean, they are so powerful and so Mr. PALLONE. Mr. Speaker, I want rectly, corruptly gives, offers, or prom- strong, but at least we ought to keep to thank the gentleman. He made some ises anything of value to any public of- them off the House Floor. But in that great statements there; and we will ficial or person who has been selected sense, in the wee hours of the morning have to develop a few of those, if the to be a public official or offers or prom- on Saturday, that Saturday morning, gentleman does not mind. ises any public official or any person that late Friday night, while Secretary First of all, I wanted to talk a little who has been selected to be a public of- of Health and Human Services Tommy bit more about what happened that ficial to give anything of value to any Thompson was on the floor, which is night because, as the gentleman other person or entity with intent to unusual, I do not ever recall seeing a knows, this afternoon, our Democratic influence any official act such as a cabinet member on the floor like that, leader, the gentlewoman from Cali- vote.’’ but that is not a violation of the rules fornia (Ms. PELOSI), offered a privileged Now, I am sure courts can interpret and it is not unethical, either. But we motion which of course was defeated by this thing however they want, but it could see the influence of the drug in- the Republicans, and she paid much at- seems to me on its face that what hap- dustry on the floor of the House of Rep- tention in her privileged motion to pened that night that my colleague resentatives. what happened that night and how it from Ohio talked about was bribery, was very wrong and undemocratic, and and it is going to be very interesting to b 2115 I think that the gentleman’s analogy see. Of course, we have to kind of as- One could almost see these Members about keeping the polls open back at sume that the Justice Department is of Congress who have depended on drug home when we are voting in a congres- going to be a little biased, because it is company money, who are addicted to sional or Presidential election is a very Republican appointed, but I do not see drug company money, one could see good analogy. how they can get away from the fact the kind of way that they were pushing

VerDate jul 14 2003 05:59 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00159 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.166 H08PT1 H12906 CONGRESSIONAL RECORD — HOUSE December 8, 2003 their fellow Republican Members, the negotiating on behalf of the drug com- He is talking about companies that Members whom they lead. So it is not panies in order to get a favorable bill, have a major interest in Medicare a very long jump from there to what the ethics law actually says, and I will while looking for a job, and then he is they tried to do apparently with the read it because it is in the same article helping to write the Medicare bill that gentleman from Michigan (Mr. SMITH) in The New York Times, ‘‘The ethics will affect those companies in the who showed a lot of guts and integrity, rules issued by the Department of agency he runs. I do not know what the as I might add. Health and Human Services say that waiver is all about. I hope he comes And so when there is that much employees who have begun seeking jobs and tells us sometime. money at stake, the drug industry is in the private sector must immediately Mr. PALLONE. I do not think we are slated to increase its profits already recuse themselves from any official going to find out, to be honest, specifi- for 21 years straight, the most profit- matter that involves the prospective cally because he is leaving. But the able industry in America, when the employer.’’ thing that is most amazing about it is drug industry already so profitable, in- Now, this covers legislative initia- that the time period from when he de- creased its profits $140 billion over the tives and proposed rules. Now, appar- cided to leave and then he actually left next 8 years, 40 percent increase in ently, what Mr. Scully is saying is that was the very time period when he was profits for the most profitable industry he got a waiver from the Department negotiating the bill. in America, not to mention the insur- so he would be allowed to work on mat- Mr. BROWN of Ohio. This goes back ance industry and its impact here. ters of general applicability like the to earlier comments that the gen- With that kind of money at stake it Medicare reform bill while he talked to tleman from New Jersey (Mr. PALLONE) does not come as a surprise to me that potential employers. We have no infor- made just about the unseemliness, the Republican leadership would play that mation about how this waiver was gar- conflicts of interest, the huge numbers kind of hard ball, do it in the middle of nished. The waiver has never been of dollars that are at stake in this bill. the night, or who knows what. made public. The bottom line is the $400 billion in taxpayer dollars is going We do not know what was said to guy is negotiating this bill basically to be distributed in the next 10 years, Member after Member after Member to looking for a job with some of the same $400 billion. Not to mention the pass this bill. That is not a prescrip- lobbying firms that are representing amount of out-of-pocket seniors will tion drug bill; it is a bill that turns the the drug companies. And as soon as the have, which is a huge amount of Federal Treasury over to the drug com- bill is passed, within a few days he an- money, for their drug cost. So that $400 panies and the insurance companies nounces that he is leaving to go join billion, we are going to see the drug in- and privatizes Medicare in the bargain. those same law firms. What possible dustry is going to make $140 billion So it is pretty clear to more and more justification? more; the insurance industry gets a $20 Members of this body and to more and Mr. Speaker, I yield to the gentleman billion incentive pay, if you will, to more members of the public that the from Ohio. write drug insurance. Employers are corruption in this body when it comes Mr. BROWN of Ohio. Mr. Speaker, I getting subsidized, so not as many of to drug money, the corruption is just saw that article. I like Tom Scully. He them, some still will, but not as many unbelievable. It has increased every came to our committee and he spoke. employers drop the coverage of their year since I have been here. It is get- He is a reasonable, decent guy. I do not retirees who they have collectively ting to the point that it is almost as if accuse him of anything untoward. I do bargained with in many cases. Members have signed their vote card wonder about a system, though, where So there is so much money on the over to the pharmaceutical drug indus- he announced several months ago he table. The way that the administration try lobbying association. was leaving the Department and going has done this has been so untoward, the Mr. PALLONE. Mr. Speaker, I want- into the private sector. And he inti- way that from the minute the bill real- ed to point out another example of mated, he may have said more specifi- ly was introduced, was written behind what you are talking about too. It has cally, that he would be out doing Medi- closed doors by the drug and insurance also come to light over the Thanks- care-type work, but he stays in the De- industry, to they are not allowing giving recess, and this is the people partment during the 6 months he is ne- amendments, to speak of, on the House within the Department that were draft- gotiating with various law firms and floor, to the conference committee ing the legislation, as you know, the Wall Street firms, I believe, his future closed out to Democrats who represent Federal Government official who runs job and then the Medicare prescription in the Senate more than half the popu- Medicare and was very much involved drug bill is in the conference com- lation and in the House represent 48 in drafting the legislation to put this mittee and he is in these meetings. percent of the population; and then all bill in place, Tom Scully, announced Somebody gave him a waiver. I do not of these kinds of secret deals in the bill during the break, during the Thanks- quite know what a waiver means. with the drug companies and the insur- giving recess that he was leaving the Mr. PALLONE. They will not tell us ance companies winking and nodding Medicare program to go into the pri- specifically what it is. every step of the way. vate sector. And there were serious Mr. BROWN of Ohio. It is okay to be I think this bill symbolizes the cor- questions about his whole involvement in a conflict of interest but because our ruption, the sort of pinnacle of the cor- in this because basically he had been administration is so pro-drug company, ruption that we have seen in this House looking for a job in the private indus- we give you the waiver? I wish he of Representatives. We are awash with try for something like 6 months. would answer some questions about corporate money, awash with all the There is an article that was in the what the waiver is all about, because I kinds of cutting deals and conflicts of December 3 New York Times where it do not think the people at home under- interest and billions and billions and said that Mr. Scully, this is the Medi- stand what the waiver process is. I do billions of dollars available to raid the care administrator, had made no secret not think I understand the waiver Federal Treasury. While we cannot of the fact that he had been looking for process. probably get this bill repealed in the jobs outside the government for more Mr. PALLONE. The waiver has not next year, I think we are going to see than 6 months even as he spent hun- been made public. this Medicare issue is going to really dreds of hours in closed sessions with Mr. BROWN of Ohio. How a Depart- show what the political parties stand House and Senate negotiators working ment gives a waiver to one guy to do for, what are we going to see in the out countless details of the legislation. this and not that. I think Mr. Scully is election next year, where on the one Now, again, there are so many con- a man of integrity, but I do not think hand Democrats want to see a prescrip- flicts of interest with this administra- the system is quite right that would tion drug benefit go directly to seniors, tion, it is just unbelievable. This guy, allow somebody to look for a job, run Republicans want to run it through the who I do not know him that well, but this Medicare system that has 40 mil- drug industry and insurance industry, I understand he is a fairly nice guy, but lion beneficiaries, that has got about, I enriching their corporate friends and the idea that 6 months ago he was think, about $300 billion roughly run- then a little bit of it trickles down to looking for a job, a job essentially with ning through that system. He runs it. seniors. And thrown into the bargain is some of the same law firms that were The last 6 months he said he is leaving. a privatized Medicare system.

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00160 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.168 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12907 Mr. PALLONE. Mr. Speaker, I want- experience in New Jersey. We have had cause, as we said, almost no Repub- ed to comment, I know the gentleman something like, I think the figure is licans in either House voted for this raised so many good points, and I know 800,000 seniors that joined HMOs, man- bill to create Medicare, in those days we cannot go through them all tonight, aged care over the last 5 or 10 years half of America’s seniors did not have but I wanted to talk a little bit about who were eventually dropped. And the insurance. Why? Because the private what I call the insurance scam too. We reason they were dropped, obviously, insurance market did not find seniors focused a lot of attention on the drug was because the insurance companies attractive. They did not find seniors companies and how they are benefiting, initially took the seniors and then attractive because they are older, they but I think we have to talk a little bit found because of the cost that the sen- are sicker, and they are poorer. also about the insurance companies iors incurred in health insurance that b 2130 that you mentioned. they could not make a profit. So they I wanted to say in my State the phar- dropped them. So, maybe somebody 65 could get pri- maceutical companies have a huge Now, what happened then is that the vate insurance, somebody that walked presence and they spend a lot of money HMOs came before the Congress, they every day, someone in really good on electing candidates. But he was very came before our committee, they said shape, but someone 73 or 74 who was di- proud of the fact that within a couple we cannot make enough money with abetic, who had heart problems, who days after this Medicare bill surfaced, the managed care HMO system the way was arthritic, who was not really able that the largest newspaper in my it is. You do not pay us enough money to take care of himself or herself, no State, the Star Ledger, issued an edi- for Medicare to cover for these seniors, one will insure that person. No one will torial which was entitled ‘‘Reject so why do you not give us a windfall. under the Republican privatized Medi- Medicare Legislation.’’ And the largest That is exactly what is in the bill. care program. newspaper in my district issued an- They got a $12 billion basic windfall to The whole point is a government plan other editorial calling the Medicare manage care so they could theoreti- with a universal coverage pool that ev- plan bad medicine. But I wanted to cally now sign up seniors and provide erybody is in so when you are 65 and highlight the Star Ledger article. seniors with not only the HMO but the healthy you are subsidizing, because Again, this is the largest newspaper in your health care expenses are not too the State, which probably has percent- prescription drug coverage. But there is nothing in the bill, just high, you are subsidizing somebody age-wise the largest presence of phar- like there was nothing in the previous who is 85 and not as healthy. And then maceutical companies. And they wrote legislation with Medicare+Choice that when you get to be 85, some other 65- this scathing editorial. They focused says that they have to take whatever year-old subsidizes you. That is what attention somewhat on the drug com- the universality of the insurance pool panies but even focused more attention senior comes along. So essentially what this Star Ledger article is saying, is all about. on the insurance companies. I wanted The Republicans want to fracture the to read just the first couple of para- they are now going to cherry-pick. universality of the insurance pool. graphs because I think it says it all They realized after being in the Medi- They want to skim off for their insur- about how the insurance companies care program for a number of years ance industry contributors and all the benefited. It is the editorial from No- that they could not make a profit be- corruption around this place that vember 18. It says, ‘‘Reject Medicare cause they took all these seniors who Legislation. If profit making insurance were sick and driving up health costs. comes from that. They want to skim companies are so much better and So now they are going to get this huge off the most healthy seniors, and they cheaper than the Federal Medicare pro- $12 billion subsidy, and they will be want to insure them at great profit and gram, why do we have to give them $12 able to cherry-pick and essentially let the government and taxpayers pick billion to help improve it? That sub- take whatever seniors they want and up everybody that is sick and more ex- sidy is built into the Medicare com- offer a health care plan with this big pensive. It is pretty simple what their promise plan heading for Congress and subsidy and leave the traditional Medi- plan is. is but one of several excellent reasons care with the sicker people that drives Mr. PALLONE. The gentleman de- the plan should be rejected. After hand- up the cost. scribed it so well. ing the industry a $12 billion gift from Mr. BROWN of Ohio. Then they are The amazing thing is when we were the taxpayers, the bill sets up a fixed going to come back in 10 years and say, in our committee and we were marking competition between Medicare and pri- see, Medicare does not work. Of course up the bill, I remember asking ques- vate managed care. They would go it does not work when the insurance tions about, well, what about the fact head to head in a half dozen commu- company insures you when you are that you do not have a set premium? In nities. Once the games begin, private healthy and then taxpayers and Medi- other words, you can charge whatever companies could sign up younger, care get you when you are old and sick. you want for this, for the health insur- healthier, cheaper-to-treat seniors and Of course it is going to work that way. ance or for the prescription drug ben- reject the rest. It does not take a genus That is the irony of all this. I hear efit. And what if the HMO’s do not to predict the result. If Medicare, my friends on the other side of the want to cover the sicker seniors or cer- which must take all comers is left with aisle over and over tell us that seniors, tain seniors. And the answer I got back sicker, more expensive seniors, Medi- that the private sector can do it better, from some of my Republican colleagues care will fail. That will give conserv- that government is this huge bureauc- is, well, if this does not work, giving atives a chance to settle one of the racy, that Medicare is inefficient and them this $12 billion windfall, they can most successful public programs of all bloated, that nimble, quick-on-its-feet come back in another 2 or 3 years and times and replace it with private com- Medicare, the private insurance system we will give them more money. panies. If we end up with a dead Medi- can do it better. So, okay, if that is the It is incredible how they totally vio- care program and taxpayer subsidized case, why, then, does Medicare have late the idea of competition and, as the private profits, where is the victory? lower administrative costs, why does gentleman says, a level playing field, The insurance industry already can Medicare have lower marketing costs, and are willing to give the HMOs or the sign up seniors under another Medicare lower salaries and all that? But if you private insurance companies more and option, that is managed care, but it has accept that they can let them compete, more money if they are not willing to never attracted more than a small per- so why are we giving the Medicare cover the seniors. Where does it end? centage of Medicare recipients. Year by HMOs $20 billion and say, yeah, of There is no end to it. year it has reduced benefits and course one can compete if we give you We saw with MediCare+Choice a few dropped hundreds of thousands of pol- $20 extra billion, but if the playing years ago, every year they would come icyholders. The companies say the field were really level it is clear that back and ask for more and more Medicare population costs too much to the public system wins. money. And now they have this wind- treat and that government payments That is why 38 years ago in the end fall, who knows where it will end. are stingy.’’ Medicare was created. Because in 1965 I know our time is almost up. I want I am reading this, but I wanted to ex- when President Johnson and Demo- to develop one more point that the gen- plain it a little. We have had such an cratic majorities in both Houses, be- tleman raised before we close tonight

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00161 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.170 H08PT1 H12908 CONGRESSIONAL RECORD — HOUSE December 8, 2003 because I think it is important. The They understand the premium. It is gentleman noticed that that was gentleman talked about the fact that if very simple insurance. It is full choice stripped out of that as well. the Democrats or if, on a bipartisan of doctor, full choice of hospital, and So every effort has been made by the basis, we had been allowed to develop a why not do the same with a prescrip- Republican leadership and by the Re- bill that kept traditional Medicare and tion? Then you get the prescription. It publican President to do everything just added a prescription drug benefit, is paid for by Medicare. You have full possible to make sure that there are no which is what most of my seniors, and choice of your prescription. cost controls whatsoever. And I still I think most seniors expected. I mean, Instead, the Republicans had to make see, and I go back to what I said in the if you talk to the seniors about what it a lot more complicated. Why? Be- beginning, Mr. Speaker, I still see my they expected with a prescription drug cause they wanted to get their privat- colleagues on the Republican side com- benefit, they figured we were just going ization agenda enacted. That means ing down here and saying there is some to have the traditional Medicare, and using the insurance companies. It kind of cost control or savings that the we were going to add the benefit. means playing ball with the drug in- seniors are going to get from this bill. I think it is important before we dustry. It means a lot of that money, That is simply untrue. Everything close that we point out that, as Demo- that $400 billion that should go directly has been taken out. The reimportation crats, we developed and offered an al- to cover prescription drugs, and very language from Canada, specific lan- ternative as a substitute on the floor of little overhead, the 2 percent overhead guage that says that you cannot nego- the House, exactly that. Basically, that Medicare has been able to keep tiate price. Every effort was made to what the Democratic Party in the their overhead at 2 percent. Instead of guarantee that there would be no fid- House and what our leadership pro- that, the Republicans are seeing all dling whatsoever with the drug posed and what both the gentleman kinds of money wasted through the in- companies’s ability to simply raise from Ohio (Mr. BROWN) and I supported, surance and the drug companies. prices as they see fit. That is what we was simply adding a prescription drug Frankly, it just kind of amazes me are left to. benefit to traditional Medicare. And we because seniors do think it could be It is really sad to think that we have used the Part B, which now pays for simple. The other part of that $400, as come to that. I know the President seniors’ doctors bills, as an example. the gentleman pointed out, that $400 signed the bill today, and it is over Under the current Part B, you pay a billion would go a lot further under the with in that respect; but, hopefully, premium of about $55 a month. You Democratic plan because we would do and I already see it happening, you will have a $100 deductible. Eighty percent cost controls. We would do various get a groundswell from America’s sen- of the costs of your doctor bills are kinds of constraints on costs. iors throughout the country over the paid for by the Federal Government. The Canadians, as we have heard next few months or the next few years Twenty percent by you; that is your many times in this Chamber, the price that are going to demand that this bill copay up to a certain amount cata- of drugs in Canada is one-half, one- be repealed or significantly altered. I strophic limit where 100 percent of the third, one-fourth of what it is in the am convinced that is going to happen. cost is paid for by the Federal Govern- United States. Tamoxifen, a breast It is sad to think that there was this ment. cancer drug, is one-eighth the cost in huge missed opportunity when we That is exactly what the Democrats France than it is in the United States. could have actually passed a good pre- offered as an alternative. We said that If we could have restrained costs, scription drug benefit and done some- for a $25 premium you would have a controlled costs, brought prices down, thing to help America’s seniors, rather $100 deductible for your first $100 in whatever you want to call it, if we had than this cruel hoax that has been drug costs. Eighty percent of your drug done that and put this bill into Medi- foisted upon them today. bills would be paid for by the Federal care, put this whole plan into Medi- Mr. Speaker, I want to thank the Government. Twenty percent copay. care, a lot less complicated, we could gentleman from Ohio (Mr. BROWN) for And at a certain level, I forget what it have done it months ago, years ago, we all he has done on this issue over the was, $3,000 maybe $3,500 catastrophic could have done it; and seniors would last few years. have a better plan. They would under- level, 100 percent of the cost would be f paid for by the Federal government. stand what it is about. They would not And we had a provision in the bill that have all of these questions, but the LEAVE OF ABSENCE specifically said that the Secretary of drug industry and the insurance indus- By unanimous consent, leave of ab- Health and Human Services, the Medi- try probably would not be so happy, sence was granted to: care Administrator, would negotiate and I guess that is in the end why this Mr. GEORGE MILLER of California (at price reductions. body did what it did. the request of Ms. PELOSI) for today I know some of the Republicans said Mr. PALLONE. Mr. Speaker, the last and the balance of the week on account that would have been a very expensive thing I wanted to mention, because I of upcoming surgery. bill. The bottom line is whatever costs know we only have a few minutes, was Mr. NADLER (at the request of Ms. to the Federal Government probably the reimportation. I know that many PELOSI) for today on account of per- would have been outweighed by nego- of us saw the reimportation from Can- sonal reasons. tiated prices, that would have brought ada or other countries as sort of a last- Mr. JANKLOW (at the request of Mr. the cost down considerably. So there minute effort to try to have some kind DELAY) for today on account of appear- was clearly an alternative out there of cost controls put into effect. We ing in court. that would have simply done what would rather have cost containment Mr. BURTON of Indiana (at the re- most seniors expected and simply here rather than have to import drugs quest of Mr. DELAY) for today on ac- added a prescription drug benefit to from Canada or other countries. But count of official business. traditional Medicare. the bottom line is that both Houses, f Mr. BROWN of Ohio. That is a very both the House and the Senate had interesting point. I think seniors in my passed a provision that would have pro- SPECIAL ORDERS GRANTED district and seniors all over the coun- vided for an essentially legalized drug By unanimous consent, permission to try, because I was hearing this from reimportation, at least from Canada, if address the House, following the legis- colleague after colleague, people were not from some of the other countries in lative program and any special orders wondering why it was so complicated? Western Europe that were comparable heretofore entered, was granted to: Why was it so difficult? Why can Con- to the United States. (The following Members (at the re- gress just not pass a drug benefit? Even though the conference between quest of Mr. BROWN of Ohio) to revise People understand how Medicare the House and the Senate had those and extend their remarks and include works. You go to a physician. The bill provisions in both Houses, they ended extraneous material:) is sent to Medicare to be paid. You go up essentially eliminating it in the Mr. BROWN of Ohio, for 5 minutes, to a hospital. The bill is sent to Medi- bill. Also, today in the omnibus bill, today. care to be paid. There is a copay and a the appropriations bill that we came Mr. MCGOVERN, for 5 minutes, today. deductible. People understand that. back to vote on today, I am sure the Ms. NORTON, for 5 minutes, today.

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00162 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.171 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12909 Ms. WATSON, for 5 minutes, today. S. 1537. An act to direct the Secretary of uted to health savings security accounts and Mr. CASE, for 5 minutes, today. Agriculture to convey to the New Hope Cem- health savings accounts, to provide for the Mr. WAXMAN, for 5 minutes, today. etery Association certain land in the State disposition of unused health benefits in cafe- of Arkansas for use as a cemetery; to the teria plans and flexible spending arrange- Mr. HOLT, for 5 minutes, today. Committee on Resources. ments, and for other purposes. Ms. JACKSON-LEE of Texas, for 5 min- S. 1683. An act to provide for a report on f utes, today. the parity of pay and benefits among Federal (The following Members (at the re- law enforcement officers and to establish an SENATE ENROLLED BILL SIGNED quest of Mr. MCCOTTER) to revise and exchange program between Federal law en- The SPEAKER announced his signa- extend their remarks and include ex- forcement employees and State and local law ture to an enrolled bill of the Senate of traneous material:) enforcement employees, to the Committee the following title: Mr. HAYES, for 5 minutes, today. on Government Reform. S. 1881. An act to amend the Federal Food, S. 459. An act to ensure that a public safety Mr. PAUL, for 5 minutes, today. officer who suffers a fatal heart attack or Drug, and Cosmetic Act to make technical Ms. HARRIS, for 5 minutes, today. stroke while on duty shall be presumed to corrections relating to the amendments Mr. MCCOTTER, for 5 minutes, today. have died in the line of duty for purposes of made by the Medical Device User Fee and public safety officer survivor benefits. Mr. SOUDER, for 5 minutes, today. Modernization Act of 2002, and for other pur- (The following Member (at his own poses; to the Committee on Energy and Com- f request) to revise and extend his re- merce. BILLS PRESENTED TO THE marks and include extraneous mate- S. 1920. An act to extend for 6 months the PRESIDENT rial:) period for which chapter 12 of title 11 of the Mr. HASTERT, for 5 minutes, today. United States Code is reenacted; to the Com- Jeff Trandahl, Clerk of the House re- mittee on the Judiciary. ports that on November 26, 2003 he pre- f f sented to the President of the United EXTENSION OF REMARKS States, for his approval, the following ENROLLED BILLS SIGNED By unanimous consent, permission to bills. revise and extend remarks was granted Mr. Trandahl, Clerk of the House, re- H.R. 421. To reauthorize the United States to: ported and found truly enrolled bills Institute for Environmental Conflict Resolu- tion, and for other purposes. Mr. SMITH of New Jersey and to in- and joint resolution of the House of the H.R. 1367. To authorize the Secretary of clude extraneous material, notwith- following titles, which were thereupon signed by the Speaker pro tempore Agriculture to conduct a loan repayment standing the fact that it exceeds two program regarding the provision of veteri- pages of the RECORD and is estimated MAC THORNBERRY: nary services in shortage situations, and for by the Public Printer to cost $3,100. On December 1: other purposes. H.R. 1437. An act to improve the United H.R. 1683. To increase, effective as of De- f States Code. cember 1, 2003, the rates of disability com- SENATE BILLS REFERRED H.R. 1813. An act to amend the Torture pensation for veterans with service-con- nected disabilities and the rates of depend- Bills of the Senate of the following Victims Relief Act of 1998 to authorize ap- propriations to provide assistance for domes- ency and indemnity compensation for sur- titles were taken from the Speaker’s tic and foreign centers and programs for the vivors of certain service-connected disabled table and, under the rule, referred as treatment of victims of torture, and for veterans, and for other purposes. follows: other purposes. H.R. 1821. To award a congressional gold S. 33. An act to authorize the Secretary of H.R. 2622. An act to amend the Fair Credit medal to Dr. Dorothy Height in recognition Agriculture to sell or exchange all or part of Reporting Act, to prevent identify theft, im- of her many contributions to the Nation. certain administrative sites and other land prove resolution of consumer disputes, im- H.R. 3038. To make certain technical and in the Ozark-St. Francis and Ouachita Na- prove the accuracy of consumer records, conforming amendments to correct the Health Care Safety Net Amendments of 2002. tional Forests and to use funds derived from make improvements in he use of, and con- H.R. 3140. To provide for availability of the sale or exchange to acquire, construct, or sumer access to, credit information, and for contact lens prescriptions to patients, and other purposes. improve administrative sites; to the Com- for other purposes. mittee on Resources in addition to the Com- H.R. 3287. An act to award congressional H.R. 3166. To designate the facility of the mittee on Agriculture for a period to be sub- gold medals posthumously on behalf of Rev- United States Postal Service located at 57 sequently determined by the Speaker, in erend Joseph A. DeLaine, Harry and Eliza Old Tappan Road in Tappan, New York, as each case for consideration of such provi- Briggs, and Levi Pearson in recognition of the ‘‘John G. Dow Post Office Building’’. sions as fall within the jurisdiction of the their contributions to the Nations as pio- H.R. 3185. To designate the facility of the committee concerned. neers in the effort to desegregate public United States Postal Service located at 38 S. 99. An act for the relief of Jaya Gulab schools that led directly to the landmark de- Spring Street in Nashua, New Hampshire, as Tolani and Hitesh Gulab Tolani, to the Com- segregation case of Brown et al. v. the Board the ‘‘Hugh Gregg Post Office Building’’. mittee on the Judiciary. of Education of Topeka et al. H.R. 3349. To authorize salary adjustments S. 103. An act for the relief of Lindita Idrizi H.R. 3348. An act to reauthorized the ban for Justices and judges of the United States Heath; to the Committee on the Judiciary. on undetectable firearms. for fiscal year 2004. S. 460. An act to amend the Immigration H.J. Res. 80. Joint Resolution appointing Jeff Trandahl, Clerk of the House re- the day for the convening of he second ses- and Nationality Act to authorize appropria- ports that on December 2, 2003 he pre- tions for fiscal years 2004 through 2010 to sion of the One Hundred Eight Congress. carry out the State Criminal Alien Assist- On December 3: sented to the President of the United ance Program; to the Committee on the Ju- H.R. 2297. An act to amend title 38, United States, for his approval, the following diciary. States Code, to improve benefits under laws bills. S. 541. An act for the relief of Ilko Vasilev administered by the Secretary of Veterans H.R. 1828. To halt Syrian support for ter- Ivanov, Anelia Marinova Peneva, Marina Affairs, and for other purposes. rorism, end its occupation of Lebanon, stop Ilkova Ivanova, and Julia Ilkova Ivanova; to H.J. Res. 63. Joint resolution to approve its development of weapons of mass destruc- the Committee on the Judiciary. the Compact of Free Association, as amend- tion, cease its illegal importation of Iraqi oil S. 648. An act to amend the Public Health ed, between the Government of the United and illegal shipments of weapons and other Service Act with respect to health profes- States of America and the Government of military items to Iraq, and by so doing hold sions programs regarding the practice of the Federated States of Micronesia, and the Syria accountable for the serious inter- pharmacy; to the Committee on Energy and Compact of Free Association, as amended, national security problems it has caused in Commerce. between the Government of the United the Middle East, and for other purposes. S. 848. An act for the relief of Daniel King States of America and the Government of H.R. 1904. An act to improve the capacity Cairo; to the Committee on the Judiciary. the Republic of the Marshall Islands, and to of the Secretary of Agriculture and the Sec- S. 1130. An act for the relief of Esidronio appropriate funds to carry out the amended retary of the Interior to conduct hazardous Arreola-Saucedo, Maria Elena Cobian Compacts. fuels reduction projects on National Forest Arreola, Nayely Bibiana Arreola, and Cindy On December 6, signed by the Speaker: System lands and Bureau of Land Manage- Jael Arreola; to the Committee on the Judi- H.R. 1. An act to amend title XVIII of the ment lands aimed at protecting commu- ciary. Social Security Act to provide for a vol- nities, watersheds, and certain other at-risk S. 1402. An act to authorize appropriations untary program for prescription drug cov- lands from catastrophic wildfire, to enhance for activities under the Federal railroad erage under the Medicare Program, to mod- efforts to protect watersheds and address safety laws for fiscal years 2004 through 2008, ernize the Medicare Program, to amend the threats to forest and rangeland health, in- and for other purposes; to the Committee on Internal Revenue Code of 1986 to allow a de- cluding catastrophic wildfire, across the Transportation and Infrastructure. duction to individuals for amounts contrib- landscape, and for other purposes.

VerDate jul 14 2003 05:59 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00163 Fmt 0636 Sfmt 0634 E:\CR\FM\K08DE7.174 H08PT1 H12910 CONGRESSIONAL RECORD — HOUSE December 8, 2003 H.R. 2115. To amend title 49, United States EXECUTIVE COMMUNICATIONS, General Robert B. Flowers, United States Code, to reauthorize programs for the Fed- ETC. Army, and his advancement to the grade of eral Aviation Administration, and for other lieutenant general on the retired list; to the purposes. Under clause 8 of rule XII, executive Committee on Armed Services. H.R. 2417. To authorize appropriations for communications were taken from the 5729. A letter from the Director, Defense fiscal year 2004 for intelligence and intel- Speaker’s table and referred as follows: Procurement and Acquisition Policy, De- partment of Defense, transmitting the De- ligence-related activities of the United 5718. A letter from the Director, Regu- partment’s final rule—Defense Federal Ac- States Government, the Community Man- latory Review Group, FSA, Department of quisition Regulation Supplement; Competi- agement Account, and the Central Intel- Agriculture, transmitting the Department’s tiveness Demonstration Codes Update ligence Agency Retirement and Disability final rule—Removal of Obsolete Regulations System, and for other purposes. [DFARS Case 2003–D003] received November (RIN: 0560–AH04) received November 3, 2003, 4, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to Jeff Trandahl, Clerk of the House re- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Committee on Armed Services. ports that on December 3, 2003, he pre- mittee on Agriculture. 5730. A letter from the Acting Under Sec- sented to the President of the United 5719. A letter from the Regulatory Contact, retary, Department of Defense, transmitting States, for his approval, the following Department of Agriculture, transmitting the a report entitled ‘‘Long-Term Strategy to Department’s final rule—Review Inspection bills. Reduce Corrosion and the Effects of Corro- Requirements (RIN: 0580–AA58) received Oc- sion on the Military Equipment and Infra- H.J. Res. 80. Appointing the day for the tober 24, 2003, pursuant to 5 U.S.C. structure of the Department of Defense,’’ convening of the second session of the One 801(a)(1)(A); to the Committee on Agri- pursuant to 10 U.S.C. 2228; to the Committee Hundred Eighth Congress. culture. on Armed Services. H.R. 1437. To improve the United States 5720. A letter from the Director, Regu- 5731. A letter from the Acting Director, De- Code. latory Review Group, Commodity Credit Cor- fense Procurement and Acquisition Policy, H.R. 1813. To amend the Torture Victims poration, Department of Agriculture, trans- Department of Defense, transmitting the De- Relief Act of 1998 to authorize appropriations mitting the Department’s final rule—Re- partment’s final rule—Defense Federal Ac- to provide assistance for domestic and for- moval of Obsolete Regulations (RIN: 0560– quisition Regulation Supplement; Central eign centers and programs for the treatment AH04) received November 6, 2003, pursuant to Contractor Registration [DFARS Case 2003– of victims of torture, and for other purposes. 5 U.S.C. 801(a)(1)(A); to the Committee on D040] received November 17, 2003, pursuant to H.R. 2622. To amend the Fair Credit Re- Agriculture. 5 U.S.C. 801(a)(1)(A); to the Committee on porting Act, to prevent identity theft, im- 5721. A letter from the Director, Regu- Armed Services. prove resolution of consumer disputes, im- latory Review Group, FSA, Department of 5732. A letter from the Acting Director, De- prove the accuracy of consumer records, Agriculture, transmitting the Department’s fense Procurement and Acquisition Policy, make improvements in the use of, and con- final rule—Removal of Obsolete Regulations Department of Defense, transmitting the De- sumer access to, credit information, and for (RIN: 0560–AH04) received October 24, 2003, partment’s final rule—Defense Federal Ac- other purposes. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- quisition Regulation Supplement; DoD Ac- H.R. 3287. To award congressional gold mittee on Agriculture. tivity Address Codes in Contract Numbers [DFARS Case 2003–D005] received November medals posthumously on behalf of Reverend 5722. A letter from the Staff Director, Of- 17, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to Joseph A. DeLaine, Harry and Eliza Briggs, fice of Regulatory and Management Serv- and Levi Pearson in recognition of their con- the Committee on Armed Services. ices, Forest Service, Department of Agri- 5733. A letter from the Acting Director, De- tributions to the Nation as pioneers in the culture, transmitting the Department’s final fense Procurement and Acquisition Policy, effort to desegregate public schools that led rule—National Forest System Land and Re- Department of Defense, transmitting the De- directly to the landmark desegregation case source Management Planning; Extension of partment’s final rule—Defense Federal Ac- of Brown et al. v. the Board of Education of Compliance Deadline for Site-Specific quisition Regulation Supplement; Competi- Topeka et al. Projects (RIN: 0596–AC02) received October tion Requirements for Purchases from a Re- H.R. 3348. To reauthorize the ban on 10, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to quired Source [DFARS Case 2002–D003] re- undetectable firearms. the Committee on Agriculture. ceived November 17, 2003, pursuant to 5 Jeff Trandahl, Clerk of the House re- 5723. A letter from the Congressional Re- U.S.C. 801(a)(1)(A); to the Committee on ports that on December 5, 2003, he pre- view Coordinator, APHIS, Department of Ag- Armed Services. sented to the President of the United riculture, transmitting the Department’s 5734. A letter from the Acting Director, De- final rule—Tuberculosis in Cattle and Bison; fense Procurement and Acquisition Policy, States, for his approval, the following State Designations; California [Docket No. Department of Defense, transmitting the De- bills. 03–005–2] received December 1, 2003, pursuant partment’s final rule—Defense Federal Ac- H.J. Res. 63. A joint resolution to approve to 5 U.S.C. 801(a)(1)(A); to the Committee on quisition Regulation Supplement; Provi- the Compact of Free Association, as amend- Agriculture. sional Award Fee Payments [DFARS Case ed, between the Government of the United 5724. A letter from the Congressional Re- 2001–D013] received November 17, 2003, pursu- States of America and the Government of view Coordinator, APHIS, Department of Ag- ant to 5 U.S.C. 801(a)(1)(A); to the Committee the Federated States of Micronesia, and the riculture, transmitting the Department’s on Armed Services. Compact of Free Association, as amended, final rule—Tuberculosis in Cattle and Bison; 5735. A letter from the Register Liaison Of- between the Government of the United State Designations; New Mexico [Docket No. ficer, Department of Defense, transmitting States of America and the Government of 03–044–2] received December 1, 2003, pursuant the Department’s final rule—TRICARE; the Republic of the Marshall Islands, and to to 5 U.S.C. 801(a)(1)(A); to the Committee on Changes Included in the National Defense appropriate funds to carry out the amended Agriculture. Authorization Act for Fiscal Year 2003 Compacts.’’ 5725. A letter from the Secretary, Depart- (NDAA–03) (RIN: 0720–AA85) received Decem- H.R. 2297. To amend title 38, United States ment of Agriculture, transmitting the De- ber 1, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); Code, to improve benefits under laws admin- partment’s draft bill to authorize the Sec- to the Committee on Armed Services. 5736. A letter from the Assistant Chief istered by the Secretary of Veterans Affairs, retary of Agriculture to provide financial as- Counsel, Department of Transportation, and for other purposes. sistance to the Republic of the Marshall Is- transmitting the Department’s final rule— 3491. To establish within the Smithsonian lands, the Federated States of Micronesia, Electronic Options for Transmitting Certain Institution the National Museum of African and the Republic of Palau under the Cooper- Information Collection Responses to MARAD American History and Culture, and for other ative Forestry Assistance Act of 1978; to the [Docket Number: MARAD–2003–16238] (RIN: purposes. Committee on Agriculture. 2133–AB56) received October 30, 2003, pursu- 5726. A letter from the Architect of the ant to 5 U.S.C. 801(a)(1)(A); to the Committee f Capitol, transmitting a report of all expendi- on Armed Services. tures during the period October 1, 2002 5737. A letter from the Senior Paralegal SINE DIE ADJOURNMENT through March 31, 2003, from the moneys ap- (Regulations), Office of Thrift Supervision, propriated to the Architect of the Capitol, The SPEAKER pro tempore (Mr. Department of the Treasury, transmitting pursuant to 40 U.S.C. 162b; to the Committee the Department’s final rule—Savings Asso- RENZI). Pursuant to House Concurrent on Appropriations. ciations—Transactions With Affiliates [No. Resolution 339 and at the designation 5727. A letter from the Chairman, Defense 2003–50] (RIN: 1550–AB55) received November of the majority leader, without objec- Nuclear Facilities Safety Board, transmit- 10, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to tion, the House stands adjourned sine ting the Board’s Report to Congress on the the Committee on Financial Services. die. Plutonium Storage at the Department of En- 5738. A letter from the Acting General There was no objection. ergy’s Savannah River Site, pursuant to Counsel, FEMA, Department of Homeland Public Law 107—314, section 3183; to the Security, transmitting the Department’s Thereupon, (at 9 o’clock and 40 min- Committee on Armed Services. final rule—Naitonal Flood Insurance Pro- utes p.m.) pursuant to House Concur- 5728. A letter from the Under Secretary, gram (NFIP); Inspection of Insured Struc- rent Resolution 339, the House ad- Department of Defense, transmitting a letter tures by Communities (RIN: 1660–AA14) re- journed. on the approved retirement of Lieutenant ceived November 4, 2003, pursuant to 5 U.S.C.

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00164 Fmt 0636 Sfmt 0634 E:\CR\FM\A08DE7.141 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12911 801(a)(1)(A); to the Committee on Financial 5750. A letter from the Associate General U.S.C. 3512(c)(3); to the Committee on En- Services. Counsel for Legislation and Regulations, De- ergy and Commerce. 5739. A letter from the Acting General partment of Housing and Urban Develop- 5759. A letter from the Regulations Coordi- Counsel, FEMA, Department of Homeland ment, transmitting the Department’s final nator, Department of Health and Human Security, transmitting the Department’s rule—Mixed-Finance Development for Sup- Services, transmitting the Department’s final rule—Final Flood Elevation Determina- portive Housing for the Elderly or Persons final rule—Governmentwide Debarment and tions—received November 4, 2003, pursuant With Disbilities and Other Changes to 24 Suspension (Nonprocurement) and Govern- to 5 U.S.C. 801(a)(1)(A); to the Committee on CFR Part 891 [Docket No. FR–4725–I–01] (RIN: mentwide Requirements for Drug-Free Financial Services. 2502–AH83) received December 8, 2003, pursu- Workplace (Grants) (RIN: 0991–AB12) re- 5740. A letter from the Acting General ant to 5 U.S.C. 801(a)(1)(A); to the Committee ceived November 25, 2003, pursuant to 5 Counsel, FEMA, Department of Homeland on Financial Services. U.S.C. 801(a)(1)(A); to the Committee on En- Security, transmitting the Department’s 5751. A letter from the Deputy Secretary, ergy and Commerce. final rule—Final Flood Elevation Determina- Securities & Exchange Commission, trans- 5760. A letter from the Director, Regula- tions—received December 1, 2003, pursuant to mitting the Commission’s final rule—Pur- tions Policy and Management Sta., Depart- 5 U.S.C. 801(a)(1)(A); to the Committee on Fi- chases of Certain Equity Securities by the ment of Health and Human Services, trans- nancial Services. Issuer and Others [Release Nos. 33–8335; 34– mitting the Department’s final rule—Food 5741. A letter from the Acting General 48766; IC–26252; File No. S7–50–02] (RIN: 3235– Additives Permitted in Feed and Drinking Counsel, FEMA, Department of Homeland AH37) received November 12, 2003, pursuant Water of Animals; Formaldehyde [Docket Security, transmitting the Department’s to 5 U.S.C. 801(a)(1)(A); to the Committee on No. 1998–F–0522] received December 1, 2003, final rule—Suspension of Community Eligi- Financial Services. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- bility [Docket No. FEMA–7819] received De- 5752. A letter from the Assistant Secretary, mittee on Energy and Commerce. cember 1, 2003, pursuant to 5 U.S.C. Securities & Exchange Commission, trans- 5761. A letter from the Director, Regula- 801(a)(1)(A); to the Committee on Financial mitting the Commission’s final rule—Disclo- tions and Management Staff, FDA, Depart- Services. sure regarding nominating committee func- ment of Health and Human Services, trans- 5742. A letter from the Acting General tions and communications between security mitting the Department’s final rule—Public Counsel, FEMA, Department of Homeland holders and boards of directors [Release Nos. Information Regulations; Correction [Docket Security, transmitting the Department’s 33–8340; 34–48825; IC–26262; File No. S7–14–03] No. 1999N–2637] received December 5, 2003, final rule—Changes in Flood Elevation De- (RIN: 3235–AI90) received November 24, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- termination [Docket No. FEMA–P–7628] re- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Energy and Commerce. ceived December 1, 2003, pursuant to 5 U.S.C. mittee on Financial Services. 5762. A letter from the Secretary, Depart- 801(a)(1)(A); to the Committee on Financial 5753. A letter from the Assistant General ment of Health and Human Services, trans- Services. Counsel for Regulatory Services, Depart- mitting the first report on Theft, Loss, or 5743. A letter from the Acting General ment of Education, transmitting the Depart- Relase of Select Agents and Toxins, as re- Counsel, FEMA, Department of Homeland ment’s final rule—Governmentwide Require- quired by the Public Health Security and Security, transmitting the Department’s ments for Drug-Free Workplace (Financial Bioterrorism Preparedness and Response Act final rule—Changes in Flood Elevation De- Assistance); Governmentwide Debarment of 2002 (Pub. L. 107–188); to the Committee on terminations—received December 1, 2003, and Suspension (Nonprocurement); Student Energy and Commerce. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Assistance General Provisions; and Federal 5763. A letter from the Attorney Advisor, mittee on Financial Services. Family Education Loan Program (RIN: 1890– National Highway Traffic Safety Adminis- 5744. A letter from the Acting General AA07) received December 5, 2003, pursuant to tration, Department of Transportation, Counsel, FEMA, Department of Homeland 5 U.S.C. 801(a)(1)(A); to the Committee on transmitting the Department’s final rule— Security, transmitting the Department’s Education and the Workforce. Federal Motor Vehicle Safety Standards; final rule—Final Flood Elevation Determina- 5754. A letter from the Secretary, Depart- Tire Pressure Monitoring Systems; Controls tions—received December 1, 2003, pursuant to ment of Education, transmitting the Depart- and Displays [Docket No. NHTSA 2003–16524] 5 U.S.C. 801(a)(1)(A); to the Committee on Fi- ment’s final rule—Governmentwide Require- (RIN: 2127–AJ22) received November 25, 2003, nancial Services. ments for Drug-Free Workplace (Financial pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 5745. A letter from the Acting General Assistance), Governmentwide Debarment mittee on Energy and Commerce. Counsel/FEMA, Department of Homeland Se- and Suspension (Nonprocurement), Student 5764. A letter from the Attorney Advisor, curity, transmitting the Department’s final Assistance General Provisions, and Federal National Highway Traffic Safety Adminis- rule—Final Flood Elevation Determina- Family Education Loan (FFEL) Program tration, Department of Transportation, tions—received December 8, 2003, pursuant to (RIN: 1890–AA07) received December 8, 2003, transmitting the Department’s final rule— 5 U.S.C. 801(a)(1)(A); to the Committee on Fi- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Federal Motor Vehicle Safety Standards; nancial Services. mittee on Education and the Workforce. Child Restraint Systems [Docket No. 5746. A letter from the Acting General 5755. A letter from the Division of Acquisi- NHTSA–2002–12065] (RIN: 2127–AI88) received Counsel/FEMA, Department of Homeland Se- tion Management Servcies, Department of November 25, 2003, pursuant to 5 U.S.C. curity, transmitting the Department’s final Labor, transmitting the Department’s final 801(a)(1)(A); to the Committee on Energy and rule—Final Flood Elevation Determina- rule—Governmentwide Debarment and Sus- Commerce. tions—received December 8, 2003, pursuant to pension (Nonprocurement) and Government- 5765. A letter from the Attorney-Advisor, 5 U.S.C. 801(a)(1)(A); to the Committee on Fi- wide Requirements for Drug-Free Workplace NHTSA, Department of Transportation, nancial Services. (Grants) (RIN: 1291–AA33) received December transmitting the Department’s final rule— 5747. A letter from the Acting General 4, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to Federal Motor Vehicle Safety Standards; Counsel, FEMA, Department of Homeland the Committee on Education and the Work- Fuel Systems Integrity [Docket No. NHTSA– Security, transmitting the Department’s force. 03–16525] (RIN: 2127–AF36) received December final rule—Changes in Flood Elevation De- 5756. A letter from the Director, Corporate 4, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to terminations [Docket No. FEMA–B–7440] re- Policy and Research Dept., Pension Benefit the Committee on Energy and Commerce. ceived December 8, 2003, pursuant to 5 U.S.C. Guaranty Corporation, transmitting the Cor- 5766. A letter from the Deputy Associate 801(a)(1)(A); to the Committee on Financial poration’s final rule—Benefits Payable in Administrator, Environmental Protection Services. Terminated Single-Employer Plans; Alloca- Agency, transmitting the Agency’s final 5748. A letter from the Counsel for Legisla- tion of Assets in a Single-Employer Plans; rule—Approval and Promulgation of Air tion and Regulations, Department of Hous- Interest Assumptions for Valuing and Pay- Quality Implementation Plans; Delaware; ing and Urban Development, transmitting ing Benefits—received December 5, 2003, pur- Revisions to Delaware’s Motor Vehicle Emis- the Department’s final rule—FHA TOTAL suant to 5 U.S.C. 801(a)(1)(A); to the Com- sions Inspection Program and Low Enhanced Mortgage Scorecard [Docket No. FR–4835–I– mittee on Education and the Workforce. Inspection and Maintenance Program 01] (RIN: 2502–AI00) received December 1, 5757. A letter from the Director, Office of [DE059–1038a; FRL–7590–9] received November 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the Acquisition Management, Department of 25, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to Committee on Financial Services. Commerce, transmitting the Department’s the Committee on Energy and Commerce. 5749. A letter from the Associate General final rule—Governmentwide Debarment and 5767. A letter from the Deputy Associate Counsel for Legislation and Regulations, De- Suspension (Nonprocurement) and Require- Administrator, Environmental Protection partment of Housing and Urban Develop- ments for Drug-Free Workplace (grants) Agency, transmitting the Agency’s final ment, transmitting the Department’s final (RIN: 0625–AA16) received December 1, 2003, rule—Approval and Promulgation of Air rule—Housing Assistance for Native Hawai- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Quality Implementation Plans; Nebraska Up- ians; Native Hawaiian Housing Block Grants mittee on Energy and Commerce. date to Materials Incorporated by Reference Program and Loan Guarantees for Native 5758. A letter from the Director, Office of [NE–193–1193; FRL–7592–1] received November Hawaiian Housing Program; Final Rule Civilian Radioactive Waste Management, De- 25, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to [Docket No. FR–4668–F–03] (RIN: 2577–AC27) partment of Energy, transmitting the nine- the Committee on Energy and Commerce. received December 8, 2003, pursuant to 5 teenth Annual Report on the activities and 5768. A letter from the Deputy Associate U.S.C. 801(a)(1)(A); to the Committee on Fi- expenditures of the Office of Civilian Radio- Administrator, Environmental Protection nancial Services. active Waste Management, pursuant to 31 Agency, transmitting the Agency’s final

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00165 Fmt 0636 Sfmt 0634 E:\CR\FM\L08DE7.000 H08PT1 H12912 CONGRESSIONAL RECORD — HOUSE December 8, 2003 rule—Approval and Promulgation of State suant to 5 U.S.C. 801(a)(1)(A); to the Com- 5786. A letter from the Deputy Chief, Pol- Implementation Plans; State of Missouri mittee on Energy and Commerce. icy and Rules Division, Federal Communica- [MO–198–1198a; FRL–7591–4] received Novem- 5778. A letter from the Senior Legal Advi- tions Commission, transmitting the Com- ber 25, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); sor to the Chief, Mass Media Bureau, Federal mission’s final rule—Revisions to Broadcast to the Committee on Energy and Commerce. Communications Commission, transmitting Auxiliary Service Rules in Part 74 and Con- 5769. A letter from the Deputy Associate the Commission’s final rule—Amendment of forming Technical Rules for Broadcast Aux- Administrator, Environmental Protection Section 73.202(b), Table of Allotments, FM iliary Service, Cable Television Relay Serv- Agency, transmitting the Agency’s final Broadcast Stations (Wickenburg, Bagdad and ice and Fixed Service in Parts 74, 78 and 101 rule—Clean Air Act Approval of Revision to Aguila, Arizona) [MM Docket No. 00–166; of the Commission’s Rules [ET Docket No. Operating Permits Program in Ohio [OH 157– RM–9951; RM–10015; RM–10016] received De- 01–75]; Telecommunications Industry Asso- 2 FRL–7588–9] received November 25, 2003, cember 4, 2003, pursuant to 5 U.S.C. ciation, Petition for Rule Making Regarding pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Energy and Digital Modulation for the Television Broad- mittee on Energy and Commerce. Commerce. cast Auxiliary Service [RM–9418]; Alliance of 5770. A letter from the Deputy Associate 5779. A letter from the Senior Legal Advi- Motion Picture and Television Producers, Administrator, Environmental Protection sor to the Bureau Chief, Media Bureau, Fed- Petition for Rule Making Regarding Low- Agency, transmitting the Agency’s final eral Communications Commission, transmit- Power Video Assist Devices in Portions of rule—Approval and Promulgation of Imple- ting the Commission’s final rule—Amend- the UHF and VHF Television Bands [RM– mentation Plans; State of Nevada; Designa- ment of Section 73.202(b) Table of Allot- 9856] Received December 4, 2003, pursuant to tion of Areas for Air Quality Planning Pur- ments, FM Broadcast Stations.(Marathon 5 U.S.C. to the Committee on Energy and poses; Lake Tahoe Nevada Area [NV 050– and Mertzon, Texas) [MB Docket No. 02–243; Commerce. 0073A; FRL–7595–3] received December 8, 2003, RM–10533; RM–10712] received December 4, 5787. A letter from the Deputy Chief, Pol- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the icy and Rules Division, Federal Communica- mittee on Energy and Commerce. Committee on Energy and Commerce. tions Commission, transmitting the Com- 5771. A letter from the Deputy Associate 5780. A letter from the Senior Legal Advi- mission’s final rule—Amendment of Section Administrator, Environmental Protection sor to the Bureau Chief, Media Bureau, Fed- 2.106 of the Commission’s Rules to Allocate Agency, transmitting the Agency’s final eral Communications Commission, transmit- Spectrum at 2 GHz for use by the Mobile- rule—Interim Final Determination to Stay ting the Commission’s final rule—Amend- Satellite Service [ET Docket No. 95–18]; Sanctions, Ventura County Air Pollution ment of Section 73.202(b) FM Table of Allot- Amendment of Part 2 of the Commission’s Control District [CA 291–0424; FRL–7590–6] re- ments, FM Broadcast Stations.(Encino, Rules to Allocate Spectrum Below 3 GHz for ceived December 8, 2003, pursuant to 5 U.S.C. Texas) [MB Docket No. 02–341; RM–10594] re- Mobile and Fixed Services to Support the In- 801(a)(1)(A); to the Committee on Energy and ceived December 4, 2003, pursuant to 5 U.S.C. troduction of New Advanced Wireless Serv- Commerce. 801(a)(1)(A); to the Committee on Energy and ices, including Third Generation Wireless 5772. A letter from the Deputy Associate Commerce. Systems [ET Docket No. 00–258]; Flexibility Administrator, Environmental Protection 5781. A letter from the Senior Legal Advi- for Delivery of Communications by Mobile Agency, transmitting the Agency’s final sor to the Buerau Chief, Media Bureau, Fed- Satellite Service Providers in the 2 GHz rule—National Emission Standard for Ben- eral Communications Commission, transmit- Band, the L-Band, and the 1.6/2.4 GHz Bands zene Waste Operations [OAR–2003–0147; FRL– ting the Commission’s final rule—Amend- [IB Docket No. 01–185] Received December 4, 7594–3] (RIN: 2060–AJ87) received December 8, ment of Section 73.622(b), Table of Allot- 2003, pursuant to 5 U.S.C. to the Committee 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the ments, Digital Television Broadcast Sta- on Energy and Commerce. Committee on Energy and Commerce. tions. (Corpus Christi, Texas) [MM Docket 5788. A letter from the Deputy Chief, Pol- 5773. A letter from the Deputy Associate No. 99–277; RM–9666] received December 4, icy and Rules Division, OET, Federal Com- Administrator, Environmental Protection 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the munications Commission, transmitting the Agency, transmitting the Agency’s final Committee on Energy and Commerce. Commission’s final rule—Amendment of rule—National Emission Standards for Haz- 5782. A letter from the Senior Legal Advi- Part 5 of the Commission’s Rules to Require ardous Air Pollutants for Chemical Recovery sor to the Bureau Chief, Media Bureau, Fed- Electronic Filing of Applications for Experi- Combustion Sources at Kraft, Soda, Sulfite, eral Communications Commission, transmit- mental Radio Licenses and Authorizations— and Stand-Alone Semichemical Pulp Mills ting the Commission’s final rule—Digital received December 4, 2003, pursuant to 5 [OAR–2002–0045, FRL–7594–8] (RIN: 2060–AK53) Broadcast Content Protection [MB Docket U.S.C. 801(a)(1)(A); to the Committee on En- received December 8, 2003, pursuant to 5 02–230] received December 4, 2003, pursuant to ergy and Commerce. U.S.C. 801(a)(1)(A); to the Committee on En- 5 U.S.C. 801(a)(1)(A); to the Committee on 5789. A letter from the Deputy Chief, WCB/ ergy and Commerce. Energy and Commerce. TAPD, Federal Communications Commis- 5774. A letter from the Senior Legal Advi- 5783. A letter from the Special Assistant to sion, transmitting the Commission’s final sor, Media Bureau, Federal Communications the Bureau Chief, Mass Media Bureau, Fed- rule—Rural Health Care Support Mechanism Commission, transmitting the Commission’s eral Communications Commission, transmit- [WC Docket No. 02–60] received December 4, final rule—Amendment of Section 73.202(b) ting the Commission’s final rule—Amend- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the FM Table of Allotments, FM Broadcast Sta- ment of Section 73.622(b), Table of Allot- Committee on Energy and Commerce. tions. (Tallapoosa, Georgia) [MB Docket No. ments, Digital Television Broadcast Sta- 5790. A letter from the Legal Advisor/Chief, 03–161; RM–10708] received December 4, 2003, tions. (Fort Walton Beach, Florida) [MM Wireless Telecom. Bur., Federal Communica- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Docket No. 00–233; RM–9996] received Decem- tions Commission, transmitting the Com- mittee on Energy and Commerce. ber 4, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); mission’s ‘‘Major’’ final rule—Promoting Ef- 5775. A letter from the Senior Legal Advi- to the Committee on Energy and Commerce. ficient Use of Spectrum Through Elimi- sor, WTB, Federal Communications Commis- 5784. A letter from the Special Assistant to nation of Barriers to the Development of sion, transmitting the Commission’s final the Bureau Chief, Mass Media Bureau, Fed- Secondary Markets [WT Docket No. 00–230] rule—Allocations and Service Rules for the eral Communications Commission, transmit- received December 4, 2003, pursuant to 5 71–76 GHz, 81–86 GHz and 92–95 GHz Bands ting the Commission’s final rule—Amend- U.S.C. 801(a)(1)(A); to the Committee on En- [WT Docket No. 02–146] Loea Communica- ment of Section 73.202(b), Table of Allot- ergy and Commerce. tions Corporation Petition for Rulemaking ments, FM Broadcast Stations. (Alamo Com- 5791. A letter from the General Counsel, [RM–10288] received December 4, 2003, pursu- munity, New Mexico) [MM Docket No. 00–158; Federal Energy Regulatory Commission, ant to 5 U.S.C. 801(a)(1)(A); to the Committee RM–9921] received December 4, 2003, pursuant transmitting the Commission’s final rule— on Energy and Commerce. to 5 U.S.C. 801(a)(1)(A); to the Committee on Investigation of Terms and Conditions of 5776. A letter from the Senior Legal Advi- Energy and Commerce. Public Utility Market-Based Rate Authoriza- sor to the Chief, Media Buerau, Federal Com- 5785. A letter from the Deputy Chief, Pol- tions [Docket Nos. EL101–118–000 and EL01– munications Commission, transmitting the icy and Rules Division, Federal Communica- 118–001] received December 1, 2003, pursuant Commission’s final rule—Amendment of Sec- tions Commission, transmitting the Com- to 5 U.S.C. 801(a)(1)(A); to the Committee on tion 73.202(b), Table of Allotments, FM mission’s final rule—Amendment of Parts Energy and Commerce. Broadcast Stations. (Apopka, Maitland, and 2,25, and 87 of the Commission’s Rules to Im- 5792. A letter from the General Counsel, Homosassa Springs, Florida) [MB Docket No. plement Decisions from World Federal Energy Regulatory Commission, 03–24; RM–10636] received December 4, 2003, Radiocommunication Conferences Con- transmitting the Commission’s final rule— pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- cerning Frequency Bands Between 28 MHz Amendments to Blanket Sales Certificates mittee on Energy and Commerce. and 36 GHz and to Otherwise Update the [Docket No. RM03–10–000; Order No. 664] re- 5777. A letter from the Senior Legal Advi- Rules in this Frequency Range [ET Docket ceived December 1, 2003, pursuant to 5 U.S.C. sor to the Chief, Mass Media Bureau, Federal No. 02–305]; Amendment of Parts 2 and 25 of 801(a)(1)(A); to the Committee on Energy and Communications Commission, transmitting the Commission’s Rules to Allocate Spec- Commerce. the Commission’s final rule—Amendment of trum For Government and Non-Government 5793. A letter from the Secretary of the Section 73.202(b), Table of Allotments, FM Use in the Radionavigation-Satellite Service Commission, Federal Trade Commission, Broadcast Stations. (Mount Pleasant & [RM–10331] received December 4, 2003, pursu- transmitting the Commission’s final rule— Bogata, Texas) [MM Docket No. 00–54; RM– ant to 5 U.S.C. 801(a)(1)(A); to the Committee Rule Concerning Disclosures Regarding En- 9835; RM–9907] received December 4, 2003, pur- on Energy and Commerce. ergy Consumption and Water Use of Certain

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00166 Fmt 0636 Sfmt 0634 E:\CR\FM\L08DE7.000 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12913 Home Appliances and Other Products Re- 22 U.S.C. 2776(c); to the Committee on Inter- 2694(2); to the Committee on International quired Under the Energy Policy and Con- national Relations. Relations. servation Act (‘‘Appliance Labeling Rule’’)— 5803. A letter from the Assistant Secretary 5814. A letter from the Chief, Counsel (For- received November 17, 2003, pursuant to 5 for Legislative Affairs, Department of State, eign Assets Control), Department of the U.S.C. 801(a)(1)(A); to the Committee on En- transmitting certification of a proposed li- Treasury, transmitting the Department’s ergy and Commerce. cense for the export of major defense equip- final rule—Authorization for U.S. Financial 5794. A letter from the Secretary, Depart- ment and defense articles to the United Arab Institutions to Transfer Certain Claims ment of the Treasury, transmitting as re- Emirates (Transmittal No. DDTC 105–03), Against the Government of Iraq—received quired by Executive Order 13313 of July 31, pursuant to 22 U.S.C. 2776(c); to the Com- November 21, 2003, pursuant to 5 U.S.C. 2003, a six-month periodic report on the na- mittee on International Relations. 801(a)(1)(A); to the Committee on Inter- tional emergency with respect to the Devel- 5804. A letter from the Assistant Secretary national Relations. opment Fund for Iraq that was declared in for Legislative Affairs, Department of State, 5815. A letter from the Assistant Secretary Executive Order 13303 of May 22, 2003, as ex- transmitting certification of a proposed li- for Legislative Affairs, Department of State, panded in Executive Order 13315 of August 28, cense for the export of major defense equip- transmitting the Department’s final rule— 2003, pursuant to 50 U.S.C. 1641(c) 50 U.S.C. ment and defense articles to Italy and Bel- Bureau of Political-Military Affairs; Amend- 1703(c); to the Committee on International gium (Transmittal No. DTC 106–03), pursuant ment to the International Traffic in Arms Relations. to 22 U.S.C. 2776(c); to the Committee on Regulations: Lifting of National Union for 5795. A letter from the Secretary, Depart- International Relations. the Total Independence of Angola Embargo ment of the Treasury, transmitting as re- 5805. A letter from the Assistant Secretary and Partial Lifting of Denial Policy Against quired by Executive Order 13313 of July 31, for Legislative Affairs, Department of State, Iraq (RIN: 1400–ZA04) received October 28, 2003 a six-month periodic report on the na- transmitting certification of a proposed li- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the tional emergency with respect to Burma de- cense for the export of major defense equip- Committee on International Relations. clared by Executive Order 13047 of May 20, ment and defense articles to Saudi Arabia 5816. A letter from the Assistant Secretary 1997, pursuant to 50 U.S.C. 1641(c) 50 U.S.C. (Transmittal No. DTC 123–03), pursuant to 22 for Legislative Affairs, Department of State, 1703(c); to the Committee on International U.S.C. 2776(c); to the Committee on Inter- transmitting the Department’s final rule— Relations. national Relations. Amendment to the International Traffic in 5796. A letter from the Secretary, Depart- 5806. A letter from the Assistant Secretary Arms Regulations: Mandatory Electronic ment of Commerce, transmitting a six- for Legislative Affairs, Department of State, Filing of Shipper’s Export Declarations with month report prepared by the Department of transmitting certification of a proposed li- U.S. Customs using the Automated Export Commerce’s Bureau of Industry and Security cense for the export of major defense equip- System (AES) (RIN: 1400–AB72) received Oc- on the national emergency declared by Exec- ment and defense articles to Canada (Trans- tober 27, 2003, pursuant to 5 U.S.C. utive Order 13222 of August 17, 2001, to deal mittal No. DTC 121–03), pursuant to 22 U.S.C. 801(a)(1)(A); to the Committee on Inter- with the threat to the national security, for- 2776(c); to the Committee on International national Relations. eign policy, and economy of the United Relations. 5817. A letter from the Acting Assistant States caused by the lapse of the Export Ad- 5807. A letter from the Assistant Secretary Secretary for Legislative Affairs, Depart- ministration Act of 1979, pursuant to 50 for Legislative Affairs, Department of State, ment of State, transmitting a memorandum U.S.C. 1641(c) 50 U.S.C. 1703(c); to the Com- transmitting certification of a proposed li- of justification pursuant to Section 202 and mittee on International Relations. cense for the export of major defense equip- other relevant provisions of the Afghanistan 5797. A letter from the Director, Inter- ment and defense articles to Japan (Trans- Freedom Support Act (P.L. 107–327) and Sec- national Cooperation, Department of De- mittal No. DDTC 116–03), pursuant to 22 tions 506 and 652 of the Foreign Assistance fense, transmitting a copy of Transmittal U.S.C. 2776(c); to the Committee on Inter- Act of 1961, as amended, to support the gov- No. 22–03 which informs of an intent to sign national Relations. ernment of Afghanistan; to the Committee a Project Agreement between the United 5808. A letter from the Assistant Secretary on International Relations. States and France concerning the Spartan for Legislative Affairs, Department of State, 5818. A letter from the Assistant Secretary Scout, pursuant to 22 U.S.C. 2767(f); to the transmitting certification of a proposed li- for Legislative Affairs, Department of State, Committee on International Relations. cense for the export of major defense equip- transmitting notification of intent to obli- 5798. A letter from the Director, Inter- ment and defense articles to various NATO gate funds for purposes of Nonproliferation national Cooperation, Department of De- nations (the United Kingdom, Germany, and Disarmament Fund (NDF) activities; to fense, transmitting a copy of Transmittal 24– Spain, Turkey, and the Netherlands) (Trans- the Committee on International Relations. 03 informing of an intent to sign the System mittal No. DTC 124–03), pursuant to 22 U.S.C. 5819. A letter from the Assistant Secretary Development and Demonstration Supple- 2776(c); to the Committee on International for Legislative Affairs, Department of State, ment to the Common Missile Memorandum Relations. transmitting the second annual report on of Understanding between the United States 5809. A letter from the Assistant Secretary the Benjamin A. Gilman International and the United Kingdom, pursuant to 22 for Legislative Affairs, Department of State, Scholarship Program; to the Committee on U.S.C. 2767(f); to the Committee on Inter- transmitting certification of a proposed li- International Relations. national Relations. cense for the export of major defense equip- 5820. A letter from the Special Assistant to 5799. A letter from the Assistant Secretary ment and defense articles to the United the President and Director, Office of Admin- for Legislative Affairs, Department of State, Kingdom (Transmittal No. DDTC 113–03), istration, Executive Office of the President, transmitting certification of a proposed li- pursuant to 22 U.S.C. 2776(c); to the Com- transmitting the White House personnel re- cense for the export of major defense equip- mittee on International Relations. port for the fiscal year 2003, pursuant to 3 ment and defense articles to the Republic of 5810. A letter from the Assistant Secretary U.S.C. 113; to the Committee on Government Korea and Germany (Transmittal No. DTC for Legislative Affairs, Department of State, Reform. 110–03), pursuant to 22 U.S.C. 2776(c); to the transmitting certification of a proposed li- 5821. A letter from the Secretary, Depart- Committee on International Relations. cense for the export of major defense equip- ment of Energy, transmitting the semi- 5800. A letter from the Assistant Secretary ment and defense articles to Greece (Trans- annual report on the activities of the Office for Legislative Affairs, Department of State, mittal No. DDTC 107–03), pursuant to 22 of Inspector General for the period April 1, transmitting certification of a proposed li- U.S.C. 2776(c); to the Committee on Inter- 2003 to September 30, 2003, pursuant to 5 cense for the export of major defense equip- national Relations. U.S.C. app. (Insp. Gen. Act) section 5(b); to ment and defense articles to Turkey (Trans- 5811. A letter from the Assistant Secretary the Committee on Government Reform. mittal No. DTC 109–03), pursuant to 22 U.S.C. for Legislative Affairs, Department of State, 5822. A letter from the Secretary, Depart- 2776(c); to the Committee on International transmitting a six-month periodic report on ment of Labor, transmitting the semiannual Relations. the national emergency with respect to the report on the activities of the Office of In- 5801. A letter from the Assistant Secretary proliferation of weapons of mass destruction spector General for the period April 1, 2003 to for Legislative Affairs, Department of State, that was declared in Executive Order 12938 of September 30, 2003, pursuant to 5 U.S.C. app. transmitting certification of a proposed li- November 14, 1994, pursuant to 50 U.S.C. (Insp. Gen. Act) section 5(b); to the Com- cense for the export of major defense equip- 1641(c); to the Committee on International mittee on Government Reform. ment and defense articles to the Pacific Relations. 5823. A letter from the Executive Secretary Ocean/International Waters (Transmittal No. 5812. A letter from the Assistant Legal Ad- and Chief of Staff, Agency for International DDTC 125–03), pursuant to 22 U.S.C. 2776(c); viser for Treaty Affairs, Department of Development, transmitting a report pursu- to the Committee on International Rela- State, transmitting copies of international ant to the Federal Vacancies Reform Act of tions. agreements, other than treaties, entered into 1998; to the Committee on Government Re- 5802. A letter from the Assistant Secretary by the United States, pursuant to 1 U.S.C. form. for Legislative Affairs, Department of State, 112b(a); to the Committee on International 5824. A letter from the Chairman, Board of transmitting certification of a proposed li- Relations. Governors of the Federal Reserve System, cense for the export of major defense equip- 5813. A letter from the Assistant Secretary transmitting the semiannual report on the ment and defense articles to the Republic of for Legislative Affairs, Department of State, activities of the Office of Inspector General Korea, United Kingdom, and the Netherlands transmitting Gifts by the U.S. Government for the six-month period ending September (Transmittal No. DDTC 122–03), pursuant to to foreign individuals, pursuant to 22 U.S.C. 30, 2003, pursuant to 5 U.S.C. app. (Insp. Gen.

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00167 Fmt 0636 Sfmt 0634 E:\CR\FM\L08DE7.000 H08PT1 H12914 CONGRESSIONAL RECORD — HOUSE December 8, 2003 Act) section 5(b); to the Committee on Gov- 5839. A letter from the White House Liai- 5852. A letter from the Chairman, National ernment Reform. son, Department of Health and Human Serv- Endowment for the Arts, transmitting the 5825. A letter from the Chairman, Defense ices, transmitting a report pursuant to the Semiannual Report to the Congress of the Nuclear Facilities Safety Board, transmit- Federal Vacancies Reform Act of 1998; to the Inspector General and the Chairman’s Semi- ting the Board’s Strategic Plan for FY 2003– Committee on Government Reform. annual Report on Final Actions Resulting 2009, developed in accordance with the re- 5840. A letter from the White House Liai- from Audit Reports for the period of April 1, quirements of the Government Performance son, Department of Health and Human Serv- 2003 through September 30, 2003, pursuant to and Results Act (GPRA) of 1993 and OMB Cir- ices, transmitting a report pursuant to the 5 U.S.C. app. (Insp. Gen. Act) section 5(b); to cular A–11 (2003); to the Committee on Gov- Federal Vacancies Reform Act of 1998; to the the Committee on Government Reform. ernment Reform. Committee on Government Reform. 5853. A letter from the Chairman, Occupa- 5826. A letter from the Director, Office of 5841. A letter from the White House Liai- tional Safety and Health Review Commis- Personnel Policy, Department of the Inte- son, Department of Health and Human Serv- sion, transmitting the FY 2003 annual report rior, transmitting a report pursuant to the ices, transmitting a report pursuant to the on the agency’s compliance with the Inspec- Federal Vacancies Reform Act of 1998; to the Federal Vacancies Reform Act of 1998; to the tor General Act and the Federal Managers’ Committee on Government Reform. Committee on Government Reform. Financial Integrity Act, pursuant to 31 5827. A letter from the Director, Office of 5842. A letter from the White House Liai- U.S.C. 3512(c)(3); to the Committee on Gov- Personnel Policy, Department of the Inte- son, Department of Health and Human Serv- ernment Reform. rior, transmitting a report pursuant to the ices, transmitting a report pursuant to the 5854. A letter from the Director, Office of Federal Vacancies Reform Act of 1998; to the Federal Vacancies Reform Act of 1998; to the General Counsel & Legal Policy, Office of Committee on Government Reform. Committee on Government Reform. Government Ethics, transmitting the Of- 5828. A letter from the Secretary, Depart- 5843. A letter from the Deputy Associate fice’s final rule—Office of Government Eth- ment of the Treasury, transmitting two General Counsel, Regulations, Department of ics Organization and Functions Regulation; Semiannual Reports which were prepared Homeland Security, transmitting the De- Clarifying Amendment (RIN: 3209–AA21) re- separately by Treasury’s Office of Inspector partment’s final rule—Department of Home- ceived November 6, 2003, pursuant to 5 U.S.C. General (OIG) and the Treasury Inspector land Security Acquisition Regulation [Dock- 801(a)(1)(A); to the Committee on Govern- General for Tax Administration (TIGTA) for et Number USCG–2003–16571] (RIN: 1601–AA16) ment Reform. the period ended September 30, 2003, pursu- received December 1, 2003, pursuant to 5 5855. A letter from the Director, Office of ant to 5 U.S.C. app. (Insp. Gen. Act) section U.S.C. 801(a)(1)(A); to the Committee on Gov- Personnel Management, transmitting the Of- 5(b); to the Committee on Government Re- ernment Reform. fice’s final rule—Protests, Disputes, and Ap- form. 5844. A letter from the Human Resources peals (RIN: 3206–AK07) received November 17, 5829. A letter from the General Counsel, Specialist, Department of Labor, transmit- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the Department of the Treasury, transmitting ting a report pursuant to the Federal Vacan- Committee on Government Reform. 5856. A letter from the Acting Special the Department’s draft bill entitled, ‘‘To cies Reform Act of 1998; to the Committee on Counsel, Office of Special Counsel, transmit- amend chapter 93 of title 31, United States Government Reform. ting the Office’s final rule—Technical Code, to authorize the Secretary of the 5845. A letter from the Deputy Assistant Amendments to 5 CFR Part 1800—received Treasury to require that collateral offered in Secretary for Administration, Department of December 5, 2003, pursuant to 5 U.S.C. lieu of surety bonds, be valued at market Transportation, transmitting a copy of the 801(a)(1)(A); to the Committee on Govern- value’’; to the Committee on Government inventories of commercial positions in the ment Reform. Department of Transportation, as required Reform. 5857. A letter from the Chairman, Railroad by the Federal Activities Inventory Reform 5830. A letter from the Assistant Director Retirement Board, transmitting the semi- for Executive and Political Personnel, De- Act of 1998; to the Committee on Govern- annual report on activities of the Office of partment of Defense, transmitting a report ment Reform. Inspector General for the period April 1, 2003, 5846. A letter from the Attorney Advisor, pursuant to the Federal Vacancies Reform through September 30, 2003, pursuant to 5 Department of Transportation, transmitting Act of 1998; to the Committee on Govern- U.S.C. app. (Insp. Gen. Act) section 5(d); to a report pursuant to the Federal Vacancies ment Reform. the Committee on Government Reform. 5831. A letter from the Assistant Director, Reform Act of 1998; to the Committee on 5858. A letter from the Chairman, Securi- Executive & Political Personnel, Depart- Government Reform. ties and Exchange Commission, transmitting ment of Defense, transmitting a report pur- 5847. A letter from the Secretary, Depart- the semiannual report on the activities of suant to the Federal Vacancies Reform Act ment of Veterans Affairs, transmitting the the Inspector General and the Management of 1998; to the Committee on Government Re- semiannual report on activities of the In- Response for the period ending September 30, form. spector General for the period April 1, 2003, 2003, pursuant to 5 U.S.C. app. (Insp. Gen. 5832. A letter from the Deputy White House through September 30, 2003, pursuant to 5 Act) section 8G(h)(2); to the Committee on Liaison, Department of Education, Office of U.S.C. app. (Insp. Gen. Act) section 5(b); to Government Reform. Vocational & Adult Education, transmitting the Committee on Government Reform. 5859. A letter from the Chairman, Board of a report pursuant to the Federal Vacancies 5848. A letter from the Chairman, Federal Governors, U.S. Postal Service, transmitting Reform Act of 1998; to the Committee on Maritime Commission, transmitting the the semiannual report on activities of the In- Government Reform. Commission’s semiannual report on the ac- spector General for the period ending Sep- 5833. A letter from the Deputy White House tivities of the Office of Inspector General for tember 30, 2003 and the Management Re- Liaison, Department of Education, Office of the period April 1, 2003 to September 30, 2003, sponse for the same period, pursuant to 5 Vocational & Adult Education, transmitting pursuant to 5 U.S.C. app. (Insp. Gen. Act) U.S.C. app. (Insp. Gen. Act) section 8G(h)(2); a report pursuant to the Federal Vacancies section 8G(h)(2); to the Committee on Gov- to the Committee on Government Reform. Reform Act of 1998; to the Committee on ernment Reform. 5860. A letter from the Vice Chairman, Of- Government Reform. 5849. A letter from the Executive Director, fice of the General Counsel, Federal Election 5834. A letter from the White House Liai- Federal Retirement Thrift Investment Commission, transmitting the Commission’s son, Department of Health and Human Serv- Board, transmitting a report in compliance final rule—Leadership PACs [Notice 2003–22] ices, transmitting a report pursuant to the with the Inspector General Act and the Fed- received November 24, 2003, pursuant to 5 Federal Vacancies Reform Act of 1998; to the eral Managers’ Financial Integrity Act, pur- U.S.C. 801(a)(1)(A); to the Committee on Committee on Government Reform. suant to 5 U.S.C. app. (Insp. Gen. Act) sec- House Administration. 5835. A letter from the White House Liai- tion 5(b); to the Committee on Government 5861. A letter from the Director, Office of son, Department of Health and Human Serv- Reform. Surface Mining, Department of the Interior, ices, transmitting a report pursuant to the 5850. A letter from the Administrator, Gen- transmitting the Department’s final rule— Federal Vacancies Reform Act of 1998; to the eral Services Administration, transmitting West Virginia Regulatory Program [WV–091– Committee on Government Reform. the semiannual report on the activities of FOR] received November 24, 2003, pursuant to 5836. A letter from the White House Liai- the Office of Inspector General for the period 5 U.S.C. 801(a)(1)(A); to the Committee on son, Department of Health and Human Serv- April 1, 2003 through September 30, 2003, pur- Resources. ices, transmitting a report pursuant to the suant to 5 U.S.C. app. (Insp. Gen. Act) sec- 5862. A letter from the Principal Deputy Federal Vacancies Reform Act of 1998; to the tion 5(b); to the Committee on Government Assistant Secretary for Indian Affairs, De- Committee on Government Reform. Reform. partment of the Interior, transmitting a pro- 5837. A letter from the White House Liai- 5851. A letter from the Deputy Archivist of posed plan under the Indian Tribal Judgment son, Department of Health and Human Serv- the United States, National Archives and Funds Act, 25 U.S.C. 1401 et seq., as amended, ices, transmitting a report pursuant to the Records Administration, transmitting the for the use and distribution of the Pueblo of Federal Vacancies Reform Act of 1998; to the Administration’s final rule — Government- Isleta (Pueblo) judgment funds in Docket 98– Committee on Government Reform. wide Debarment and Suspension (Non- 166L; to the Committee on Resources. 5838. A letter from the White House Liai- procurement) and Governmentwide Require- 5863. A letter from the Assistant Secretary, son, Department of Health and Human Serv- ments for Drug-Free Workplace (Grants) Land and Minerals Management, Depart- ices, transmitting a report pursuant to the (RIN: 3095–AB04) received December 1, 2003, ment of the Interior, transmitting the De- Federal Vacancies Reform Act of 1998; to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- partment’s final rule—Oil and Gas and Sul- Committee on Government Reform. mittee on Government Reform. phur Operations in the Outer Continental

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00168 Fmt 0636 Sfmt 0634 E:\CR\FM\L08DE7.000 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12915 Shelf-Civil Penalties (RIN: 101–AD07) re- mitting the Administration’s final rule—En- 5883. A letter from the Chief, Regulations ceived November 25, 2003, pursuant to 5 dangered and Threatened Species; Final Rule and Administrative Law, Coast Guard, De- U.S.C. 801(a)(1)(A); to the Committee on Re- Governing Take of Four Threatened partment of Homeland Security, transmit- sources. Evolutionarily Significant Units of West ting the Department’s final rule—Draw- 5864. A letter from the Director, Office of Coast Salmonids (RIN: 0648–AP17) received bridge Operation Regulations; Amite River, Surface Mining, Department of the Interior, December 1, 2003, pursuant to 5 U.S.C. Clio, LA. [CGD08–03–047] received December transmitting the Department’s final rule— 801(a)(1)(A); to the Committee on Resources. 1, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to North Dakota Regulatory Program [ND–044– 5874. A letter from the Acting Director, Of- the Committee on Transportation and Infra- FOR, Amendment XXXIII] received Decem- fice of Sustainable Fisheries, NMFS, Na- structure. ber 1, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); tional Oceanic and Atmospheric Administra- 5884. A letter from the Chief, Regulations to the Committee on Resources. tion, transmitting the Administration’s final and Administrative Law, Coast Guard, De- 5865. A letter from the Director, Office of rule—Fisheries of the Exclusive Economic partment of Homeland Security, transmit- Hearing and Appeals, Department of the In- Zone off Alaska; Recision and Reallocation ting the Department’s final rule—Draw- terior, transmitting the Department’s final of Pacific Cod in the Bering Sea and Aleu- bridge Operation Regulations; Buffalo rule—Special Rules Applicable to Surface tian Islands Management Area [Docket No. Bayou, Houston, TX. [CGD08–03–046] received Coal Mining Hearing and Appeals (RIN: 1090– 021212307–3037–02; I.D. 111803B] received De- December 1, 2003, pursuant to 5 U.S.C. AA92) received December 5, 2003, pursuant to cember 8, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Resources. tation and Infrastructure. Resources. 5875. A letter from the Director, Regula- 5885. A letter from the Chief, Regulations 5866. A letter from the Director, Office of tions and Forms Services, U.S. Immigration and Administrative Law, Coast Guard, De- Surface Mining, Department of the Interior, and Customs Enforcement, Department of partment of Homeland Security, transmit- transmitting the Department’s final rule— Homeland Security, transmitting the De- ting the Department’s final rule—Allowing West Virginia Regulatory Program [WV–095– partment’s final rule—Suspending the 30-Day Alternatives to Incandescent Lights, and Es- FOR] received December 4, 2003, pursuant to and Annual Interview Requirements From tablishing Standards for New Lights, in Pri- 5 U.S.C. 801(a)(1)(A); to the Committee on the Special Registration Process for Certain vate Aids to Navigation [USCG–2000–7466] Resources. Nonimmigrants [ICE No. 2301–3] (RIN: 1653– (RIN: 1625–AA55) received December 1, 2003, 5867. A letter from the Assistant Secretary, AA29) received December 2, 2003, pursuant to pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Fish, Wildlife, & Parks, Department of the 5 U.S.C. 801(a)(1)(A); to the Committee on the mittee on Transportation and Infrastruc- Interior, transmitting the Department’s Judiciary. ture. final rule—Marine Mammals; Incidental 5876. A letter from the Rules Adminis- 5886. A letter from the Chief, Regulations Take During Specified Activities (RIN: 1018– trator, Federal Bureau of Prisons, Depart- and Administrative Law, Coast Guard, De- AH92) received December 5, 2003, pursuant to ment of Justice, transmitting the Depart- partment of Homeland Security, transmit- 5 U.S.C. 801(a)(1)(A); to the Committee on ment’s final rule—Occupational Education ting the Department’s final rule—Special Resources. Programs [BOP–1096–F] (RIN: 1120–AA92) re- Local Regulations; 2003 Boca Raton Holiday 5868. A letter from the Assistant Secretary ceived December 1, 2003, pursuant to 5 U.S.C. Boat Parade, Riviera Beach, FL [CGD07–03– for Fish and Wildlife and Parks, Department 801(a)(1)(A); to the Committee on the Judici- 152] (RIN: 1625–AA08) received December 8, of the Interior, transmitting the Depart- ary. 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the ment’s final rule—Joint Counterpart Endan- 5877. A letter from the Assistant Secretary Committee on Transportation and Infra- gered Species Act Section 7 Consultation for Legislative Affairs, Department of State, structure. Regulations (RIN: 1018–AJ02); National Oce- transmitting the Department’s final rule— 5887. A letter from the Chief, Regulations anic and Atmospheric Administration [Dock- Foreign Prohibitions on Longshore Work by and Administrative Law, Coast Guard, De- et No. 030506115–3298–02] (RIN: 0648–AR05) re- U.S. Nationals (RIN: 1400–AA34) received partment of Homeland Security, transmit- ceived December 5, 2003, pursuant to 5 U.S.C. Decebmer 1, 2003, pursuant to 5 U.S.C. ting the Department’s final rule—Security 801(a)(1)(A); to the Committee on Resources. 801(a)(1)(A); to the Committee on the Judici- Zone: Coronado Bay Bridge, San Diego, Cali- 5869. A letter from the Deputy Assistant ary. fornia [COTP San Diego 03–032] (RIN: 1625– Administrator for Operations, NMFS, Na- 5878. A letter from the Assistant Secretary, AA00) received December 8, 2003, pursuant to tional Oceanic and Atmospheric Administra- Bureau of Indian Affairs, Department of the 5 U.S.C. 801(a)(1)(A); to the Committee on tion, transmitting the Administration’s final Interior, transmitting the Department’s Transportation and Infrastructure. rule—NOAA Information Collection Require- final rule—Partial Distribution of Fiscal 5888. A letter from the Chief, Regulations ments; Update and Correction [Docket No. Year 2004 Indian Reservation Roads Funds and Administrative Law, Coast Guard, De- 031016260–3260–01; I.D. 091603A] (RIN: 0648– (RIN: 1076–AE50) received December 2, 2003, partment of Homeland Security, transmit- AR71) received December 1, 2003, pursuant to pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ting the Department’s final rule—Regulated 5 U.S.C. 801(a)(1)(A); to the Committee on mittee on Transportation and Infrastruc- Navigation Area, San Carlos Bay, Florida Resources. ture. [CGD07–03–200] (RIN: 1625–AA11) received De- 5870. A letter from the Director, Office of 5879. A letter from the Program Analyst, cember 8, 2003, pursuant to 5 U.S.C. Sustainable Fisheries, NMFS, National Oce- Army Corps of Engineers, Department of De- 801(a)(1)(A); to the Committee on Transpor- anic and Atmospheric Administration, trans- fense, transmitting the Department’s final tation and Infrastructure. mitting the Administration’s final rule—At- rule—United States Navy Restricted Area, 5889. A letter from the Program Analyst, lantic Highly Migratory Species; Bluefin Cooper River and Tributaries, Naval Weap- FAA, Department of Transportation, trans- Tuna Fisheries [I.D. 111303B] received De- ons Station Charleston, Charleston, SC—re- mitting the Department’s final rule—DOD cember 1, 2003, pursuant to 5 U.S.C. ceived December 1, 2003, pursuant to 5 U.S.C. Commercial Air Carrier Evaluators [Docket 801(a)(1)(A); to the Committee on Resources. 801(a)(1)(A); to the Committee on Transpor- No. FAA–2003–15571; Amendment Nos. 119–8, 5871. A letter from the Acting Director, Of- tation and Infrastructure. 121–290, and 135–83] (RIN: 2120–AI00) received fice of Sustainable Fisheries, NMFS, Na- 5880. A letter from the Program Analyst, November 25, 2003, pursuant to 5 U.S.C. tional Oceanic and Atmospheric Administra- Army Corps of Engineers, Department of De- 801(a)(1)(A); to the Committee on Transpor- tion, transmitting the Administration’s final fense, transmitting the Department’s final tation and Infrastructure. rule—Fisheries of the Northeastern United rule—United States Navy Restricted Area, 5890. A letter from the Program Analyst, States; Atlantic Herring Fishery; Total Al- Naval Air Station North Island, San Diego, FAA, Department of Transportation, trans- lowable Catch Harvested for Period 2 Man- CA—received December 8, 2003, pursuant to 5 mitting the Department’s final rule—Digital agement Area 1A [Docket No. 021101264–3016– U.S.C. 801(a)(1)(A); to the Committee on Flight Data Recorder Requirements— 02; I.D. 110703B] received December 1, 2003, Transportation and Infrastructure. Changes to Recording Specifications and Ad- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 5881. A letter from the Program Analyst, ditional Exceptions; Corrections; Correction. mittee on Resources. Army Corps of Engineers, Department of De- [Docket No.: FAA-2003-15682; Amendment 5872. A letter from the Acting Director, Of- fense, transmitting the Department’s final Nos. 121–288, 125–42; 135–84] (RIN: 2120–AH89) fice of Sustainable Fisheries, NMFS, Na- rule—United States Navy Restricted Area, received November 25, 2003, pursuant to 5 tional Oceanic and Atmospheric Administra- Naval Weapons Station Earle, Sandy Hook U.S.C. 801(a)(1)(A); to the Committee on tion, transmitting the Administration’s final Bay, NJ—received December 8, 2003, pursu- Transportation and Infrastructure. rule—Fisheries off West Coast States and in ant to 5 U.S.C. 801(a)(1)(A); to the Committee 5891. A letter from the Program Analyst, the Western Pacific; Pacific Coast Ground- on Transportation and Infrastructure. FAA, Department of Transportation, trans- fish; Annual Specifications and Management 5882. A letter from the Chief, Regulations mitting the Department’s final rule—Digital Measures; Trip Limit Adjustments; Correc- and Administrative Law, Coast Guard, De- Flight Data Recorder Requirements— tions [Docket No. 021209300–3048–02; I.D. partment of Homeland Security, transmit- Changes to Recording Specifications and Ad- 111903C] received December 5, 2003, pursuant ting the Department’s final rule—Draw- ditional Exceptions; Correction [Docket No.: to 5 U.S.C. 801(a)(1)(A); to the Committee on bridge Operation Regulations; Mullica River, FAA–2003–15682; Amendment Nos. 121–288, Resources. NJ [CGD05–03–180] (RIN: 1625–AA09) received 125–42, 135–84] (RIN: 2120–AH89) received No- 5873. A letter from the Fishery Biologist, December 1, 2003, pursuant to 5 U.S.C. vember 25, 2003, pursuant to 5 U.S.C. Office of Protected Resources, National Oce- 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- anic and Atmospheric Administration, trans- tation and Infrastructure. tation and Infrastructure.

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00169 Fmt 0636 Sfmt 0634 E:\CR\FM\L08DE7.000 H08PT1 H12916 CONGRESSIONAL RECORD — HOUSE December 8, 2003 5892. A letter from the Program Analyst, 5901. A letter from the Paralegal Spe- Establishment of Class E Airspace; Chevak, FAA, Department of Transportation, trans- cialist, FAA, Department of Transportation, AK [Docket No. FAA–2003–15694; Airspace mitting the Department’s final rule— transmitting the Department’s final rule— Docket No. 03–AAL–12] received November Flightdeck Security on Large Cargo Air- Airworthiness Directives; Various Boeing 25, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to planes [Docket No. FAA–2003–15653; Amend- and McDonell Douslas Transport Category the Committee on Transportation and Infra- ment Nos. 121–287 and 129–38] (RIN: 2120– Airplanes [Docket No. 2003–NM–91–AD; structure. AH96) received November 25, 2003, pursuant Amendment 39–13366; AD 2003–03–15 R1] (RIN: 5911. A letter from the Paralegal Spe- to 5 U.S.C. 801(a)(1)(A); to the Committee on 2120-AA64) received November 25, 2003, pursu- cialist, FAA, Department of Transportation, Transportation and Infrastructure. ant to 5 U.S.C. 801(a)(1)(A); to the Committee transmitting the Department’s final rule— 5893. A letter from the Paralegal Spe- on Transportation and Infrastructure. Establishment of Class E Airspace, Kotlik, cialist, FAA, Department of Transportation, 5902. A letter from the Paralegal Spe- AK [Docket No. FAA–2003–15091; Airspace transmitting the Department’s final rule— cialist, FAA, Department of Transportation, Docket No. 03–AAL–08] received November Standard Instrument Approach Procedures; transmitting the Department’s final rule— 25, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to Miscellaneous Amendments [Docket No. Amendment of Class E Airspace; Rocky the Committee on Transportation and Infra- 30396; Amdt. No. 3083] received November 25, Mount, NC [Docket No. FAA–2003–15849; Air- structure. 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the space Docket No. 03–ASO–15] received No- 5912. A letter from the Paralegal Spe- Committee on Transportation and Infra- vember 25, 2003, pursuant to 5 U.S.C. cialist, FAA, Department of Transportation, structure. 801(a)(1)(A); to the Committee on Transpor- transmitting the Department’s final rule— 5894. A letter from the Paralegal Spe- tation and Infrastructure. Establishment of Class E Airspace; Akiak, cialist, FAA, Department of Transportation, 5903. A letter from the Paralegal Spe- AK [Docket No. FAA–2003–15693; Airspace transmitting the Department’s final rule— cialist, FAA, Department of Transportation, Docekt No. 03-AAL-13] received November 25, Airworthiness Directives; Aerospace Tech- transmitting the Department’s final rule— 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the nologies of Australia Pty. Ltd. Models N22B Amendment of Class E Airspace; Smithfield, Committee on Transportation and Infra- and N24A Airplanes [Docket No. 2003–CE–21– NC [Docket No. FAA–2003–15848; Airspace structure. AD; Amendment 39–13361; AD 2003–22–13] Docket No. 03–ASO–14] received November 25, 5913. A letter from the Paralegal Spe- (RIN: 2120–AA64) received November 25, 2003, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the cialist, FAA, Department of Transportation, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Committee on Transportation and Infra- transmitting the Department’s final rule— mittee on Transportation and Infrastruc- structure. Modification of Class E Airspace; Johnson, ture. 5904. A letter from the Program Analyst, KS [Docket No. FAA–2003–16411; Airspace 5895. A letter from the Paralegal Spe- FAA, Department of Transportation, trans- Docket No. 03–ACE–77] received November 25, cialist, FAA, Department of Transportation, mitting the Department’s final rule—Regula- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the transmitting the Department’s final rule— tion of Fractional Aircraft Ownership Pro- Committee on Transportation and Infra- Airworthiness Directives; Boeing Model 747– grams and On-Demand Operations [Docket structure. 400, –400D, and –400F Series Airplanes [Dock- No. FAA–2001–10047; Amdt. Nos. 21–84, 61–109, 5914. A letter from the Paralegal Spe- et No. 2003–NM–173–AD; Amendment 39–13364; 91–274, 119–7, 125–44, 135–82, 142-5] (RIN: 2120- cialist, FAA, Department of Transportation, AD 2003–23–01] (RIN: 2120–AA64) received No- AH06) received November 25, 2003, pursuant transmitting the Department’s final rule— vember 25, 2003, pursuant to 5 U.S.C. to 5 U.S.C. 801(a)(1)(A); to the Committee on Standard Instrument Approach Procedures; 801(a)(1)(A); to the Committee on Transpor- Transportation and Infrastructure. Miscellaneous Amendments [Docket No. tation and Infrastructure. 5905. A letter from the Program Analyst, 30395; Amdt. No. 3082] received November 25, 5896. A letter from the Paralegal Spe- FAA, Department of Transportation, trans- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the cialist, FAA, Department of Transportation, mitting the Department’s final rule— Committee on Transportation and Infra- transmitting the Department’s final rule— mproved Flammability Standards for Ther- structure. Airworthiness Directives; Cessna Model 560 mal/Acoustic Insulation Materials Used in 5915. A letter from the Paralegal Spe- Airplanes [Docket No. 2003–NM–225AD; Transport Category Airplanes [Docket No. cialist, FAA, Department of Transportation, Amendment 39–13365; AD 2003–23–02] (RIN: FAA–2000–7909; Amdt. Nos. 25–111, 91–275, 121– transmitting the Department’s final rule— 2120–AA64) received November 25, 2003, pursu- 289, 125–43, 135–85] (RIN: 2120–AG91) received Establishment of Class E4 Airspace; and ant to 5 U.S.C. 801(a)(1)(A); to the Committee November 25, 2003, pursuant to 5 U.S.C. Modification of Class E5 Airspace; Goodland, on Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- KS. [Docket No. FAA–2003–16079; Airspace 5897. A letter from the Paralegal Spe- tation and Infrastructure. Docket No. 03–ACE–71] received November 25, cialist, FAA, Department of Transportation, 5906. A letter from the Program Analyst, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the transmitting the Department’s final rule— FAA, Department of Transportation, trans- Committee on Transportation and Infra- Airworthiness Directives; Rolls-Royce mitting the Department’s final rule—Lower structure. Deutchsland Ltd. & Co KG Models Tay 650–15 Deck Service Compartments on Transport 5916. A letter from the Paralegal Spe- and 651–54 Turbofan Engines [Docket No. 98– Category Airplanes; Correction [Docket No. cialist, FAA, Department of Transportation, ANE–68–AD; Amendment 39–13362; AD 2003– FAA–2002–11346; Amendment No. 25–110] transmitting the Department’s final rule— 22–14] (RIN: 2120–AA64) received November 25, (RIN: 2120–AH38) received November 25, 2003, Amendment of Restricted Area R-2301E Ajo 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- East, AZ; and R–2304, and 2305 Gila Bend, AZ Committee on Transportation and Infra- mittee on Transportation and Infrastruc- [Docket No. 2002–FAA–14912; Airspace Docket structure. ture. No. 03–AWP–4] (RIN: 2120–AA66) received No- 5898. A letter from the Paralegal Spe- 5907. A letter from the Program Analyst, vember 25, 2003, pursuant to 5 U.S.C. cialist, FAA, Department of Transportation, FAA, Department of Transportation, trans- 801(a)(1)(A); to the Committee on Transpor- transmitting the Department’s final rule— mitting the Department’s final rule—Repair tation and Infrastructure. Airworthiness Directives; Boeing Model 737– Stations [Docket No. FAA–1999–5836] (RIN: 5917. A letter from the Paralegal Spe- 100, –200, and –200C Series Airplanes [Docket 2120–AC38) received November 25, 2003, pursu- cialist, FAA, Department of Transportation, No. 2002–NM–150–AD; Amendment 39–13367; ant to 5 U.S.C. 801(a)(1)(A); to the Committee transmitting the Department’s final rule— AD 2003–23–03] (RIN: 2120–AA64) received No- on Transportation and Infrastructure. Establishment of Class E Airspace; Kivalina, vember 25, 2003, pursuant to 5 U.S.C. 5908. A letter from the Program Analyst, AK [Docket. No. FAA–2003–15695; Airspace 801(a)(1)(A); to the Committee on Transpor- FAA, Department of Transportation, trans- Docket No. 03–AAL–17] received November tation and Infrastructure. mitting the Department’s final rule—Re- 25, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to 5899. A letter from the Paralegal Spe- duced Vertical Separation Minimum in Do- the Committee on Transportation and Infra- cialist, FAA, Department of Transportation, mestic United States Airspace [Docket No. structure. transmitting the Department’s final rule— FAA–2002–12261; Amendment Nos. 11–49 and 5918. A letter from the Senior Procurement Airworthiness Directives; Boeing Model 757– 91–276] (RIN: 2120–AH68) received November Executive, Department of Transportation, 200 Series Airplanes [Docket No. 2002–NM–95– 25, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to transmitting the Department’s final rule— AD; Amendment 39–13368; AD 2003–23–04] the Committee on Transportation and Infra- Governmentwide Debarment and Suspension (RIN: 2120–AA64) received November 25, 2003, structure. (Nonprocurement) and Governmentwide Re- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 5909. A letter from the Program Analyst, quirements for Drug-Free Workplace mittee on Transportation and Infrastruc- FAA, Department of Transportation, trans- (Grants); Department of Transportation Im- ture. mitting the Department’s final rule—Air plementation (RIN: 2105-AD07) received No- 5900. A letter from the Paralegal Spe- Tour Operators in the State of Hawaii [Dock- vember 25, 2003, pursuant to 5 U.S.C. cialist, FAA, Department of Transportation, et No. FAA–2003–14830; Special Federal Avia- 801(a)(1)(A); to the Committee on Transpor- transmitting the Department’s final rule— tion Regulation (SFAR) No. 71] (RIN: 2120– tation and Infrastructure. Airworthiness Directives; Titeflex Corpora- AH02) received November 25, 2003, pursuant 5919. A letter from the Attorney Advisor, tion [Docket No. 2002–NE–22–AD; Amend- to 5 U.S.C. 801(a)(1)(A); to the Committee on Federal Highway Administration, Depart- ment 39-13369; AD 2003-23-05 AD] (RIN: 2120– Transportation and Infrastructure. ment of Transportation, transmitting the AA64) received November 25, 2003, pursuant 5910. A letter from the Paralegal Spe- Department’s final rule—Interstate Highway to 5 U.S.C. 801(a)(1)(A); to the Committee on cialist, FAA, Department of Transportation, System (RIN: 2125–AF00) received December Transportation and Infrastructure. transmitting the Department’s final rule— 4, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00170 Fmt 0636 Sfmt 0634 E:\CR\FM\L08DE7.000 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12917 the Committee on Transportation and Infra- ber 13, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); pursuant to 5 U.S.C. 801(a)(1)(A); jointly to structure. to the Committee on Veterans’ Affairs. the Committees on Energy and Commerce 5920. A letter from the Assistant Chief 5929. A letter from the Chief, Regulations and Ways and Means. Counsel, Federal Highway Administration, & Procedures Division, TTB, Department of 5940. A letter from the Regulations Coordi- Department of Transportation, transmitting the Treasury, transmitting the Department’s nator, Department of Health and Human the Department’s final rule—National Stand- final rule—Expansion of the Russian River Services, transmitting the Department’s ards for Traffic Control Devices; Manual on Valley Viticultural Area (2002R–421P) [T.D. final rule—Medicare and Medicaid Programs; Uniform Traffic Control Devices for Street TTB-7; Re Notice No. 965] (RIN: 1513-AA68) Religious Nonmedical Health Care Institu- and Highways; Revision [FHWA Docket No. received December 4, 2003, pursuant to 5 tions and Advance Directives [CMS–1909–F] FHWA–2001–11159] (RIN: 2125–AE93) received U.S.C. 801(a)(1)(A); to the Committee on (RIN: 0938–AI93) received December 1, 2003, December 4, 2003, pursuant to 5 U.S.C. Ways and Means. pursuant to 5 U.S.C. 801(a)(1)(A); jointly to 801(a)(1)(A); to the Committee on Transpor- 5930. A letter from the Acting Chief, Publi- the Committees on Energy and Commerce tation and Infrastructure. cations and Regulations Br., Internal Rev- and Ways and Means. 5921. A letter from the Senior Attorney, enue Service, transmitting the Service’s 5941. A letter from the Regulations Coordi- Research and Special Programs Administra- final rule—Information reporting for dis- nator, Department of Health and Human tion, Department of Transportation, trans- tributions with respect to securities issued Services, transmitting the Department’s mitting the Department’s final rule—Haz- by foreign corporations [Notice 2003–79] re- final rule—Medicare Program; Reduction in ardous Materials: Revisions to Incident Re- ceived December 3, 2003, pursuant to 5 U.S.C. Medicare Part B Premiums As Additional porting Requirements and the Hazardous 801(a)(1)(A); to the Committee on Ways and Benefits Under MedicareChoice Plans [CMS– Materials Incident Report Form. [Docket No. Means. 6016–F] (RIN: 0938–AL49) received December RSPA–99–5013 (HM–229)] (RIN: 2137–AD21) re- 5931. A letter from the Acting Chief, Publi- 1, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); ceived December 4, 2003, pursuant to 5 U.S.C. cations and Regulations Br., Internal Rev- jointly to the Committees on Energy and 801(a)(1)(A); to the Committee on Transpor- enue Service, transmitting the Service’s Commerce and Ways and Means. tation and Infrastructure. final rule—Rulings and determination let- 5942. A letter from the Regulations Coordi- 5922. A letter from the Senior Attorney, ters. (Rev. Proc. 2003–86) received November nator, Department of Health and Human Research and Special Programs Administra- 25, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to Services, transmitting the Department’s tion, Department of Transportation, trans- the Committee on Ways and Means. final rule—Medicare Programs; Coverage and mitting the Department’s final rule—Pipe- 5932. A letter from the Acting Chief, Publi- Payment of Ambulance Services; Inflation line Safety: Pipeline Integrity Management cations and Regulations Br., Internal Rev- Update for CY 2004 [CMS–1232–FC] (RIN: 0938– in High Consequence Areas (Gas Trans- enue Service, transmitting the Service’s AM44) received December 1, 2003, pursuant to mission Pipelines) [Docket No. RSPA–00– final rule—Examination of returns and 5 U.S.C. 801(a)(1)(A); jointly to the Commit- 7666; Amendment 192–95] (RIN: 2137–AD54) re- claims for refund, credit or abatement; de- tees on Energy and Commerce and Ways and ceived December 4, 2003, pursuant to 5 U.S.C. termination of correct tax liability. (Rev. Means. 801(a)(1)(A); to the Committee on Transpor- Proc. 2003–82) received November 25, 2003, 5943. A letter from the Secretary, Judicial tation and Infrastructure. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Conference of the United States, transmit- 5923. A letter from the Secretary, Depart- mittee on Ways and Means. ting legislative proposals recently adopted ment of Transportation, transmitting a draft 5933. A letter from the Acting Chief, Publi- by the Conference at its September 2003 bill entitled ‘‘To amend title 49, United cations and Regulations Br., Internal Rev- meeting, to be incorporated into the draft States Code, to make certain conforming enue Service, transmitting the Service’s bill entitled the ‘‘Federal Courts Improve- changes to provisions governing the registra- final rule—Qualified Pension, Profit-Shar- ment Act of 2003,’’ previously transmitted on tion of aircraft and the recordation of instru- ing, and Stock Bonus Plans (Rev. Rul. 2003– May 7, 2003; jointly to the Committees on the ments in order to implement the Convention 124) received November 25, 2003, pursuant to Judiciary and Energy and Commerce. on International Interests in Mobile Equip- 5 U.S.C. 801(a)(1)(A); to the Committee on 5944. A communication from the President ment and the Protocol to the Convention on Ways and Means. of the United States, transmitting the An- International Interests in Mobile Equipment 5934. A letter from the Acting Chief, Publi- nual Report of the Railroad Retirement on Matters Specific to Aircraft Equipment cations and Regulations Br., Internal Rev- Board for the fiscal year ending September known as the ‘Cape Town Treaty’’’; to the enue Service, transmitting the Service’s 30, 2003, pursuant to 45 U.S.C. 231f(b)(6); joint- Committee on Transportation and Infra- final rule—Tier 2 Tax Rates for 2004 [Notice ly to the Committees on Transportation and structure. 2003–78] received November 25, 2003, pursuant Infrastructure and Ways and Means. 5924. A letter from the Administrator, Gen- to 5 U.S.C. 801(a)(1)(A); to the Committee on f eral Services Administration, transmitting Ways and Means. informational copies of Reports of Building 5935. A letter from the Acting Chief, Publi- REPORTS OF COMMITTEES ON Projects Survey for Ft. Lauderdale, FL, Ben- cations and Regulations Br., Internal Rev- PUBLIC BILLS AND RESOLUTIONS ton, IL, Greensboro, NC, and Sioux Falls, SD, enue Service, transmitting the Service’s Under clause 2 of rule XIII, reports of pursuant to 40 U.S.C. 606(a); to the Com- final rule—Installment Payments [TD 9096] mittee on Transportation and Infrastruc- (RIN: 1545–BC53) received December 5, 2003, committees were delivered to the Clerk ture. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- for printing and reference to the proper 5925. A letter from the Assistant Adminis- mittee on Ways and Means. calendar, as follows: trator for Procurement, National Aero- 5936. A letter from the Acting Chief, Publi- Mr. HASTINGS of Washington: Committee nautics and Space Administration, transmit- cations and Regulations Br., Internal Rev- on Rules. House Resolution 473. Resolution ting the Administration’s final rule—Con- enue Service, transmitting the Service’s waiving points of order against the con- formance with Federal Acquisition Circulars final rule—Weighted Average Interest Rate ference report to accompany the bill (H.R. 2001–15 and 2001–14 (RIN: 2700–AC92) received Update [Notice 2003–80] received December 5, 2673) making appropriations for Agriculture, December 5, 2003, pursuant to 5 U.S.C. 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the Rural Development, Food and Drug Adminis- 801(a)(1)(A); to the Committee on Science. Committee on Ways and Means. tration, and Related Agencies for the fiscal 5926. A letter from the Assistant Adminis- 5937. A letter from the Acting Chief, Publi- year ending September 30, 2004, and for other trator for Procurement, National Aero- cations and Regulations Br., Internal Rev- purposes (Rept. 108–402). Referred to the nautics and Space Administration, transmit- enue Service, transmitting the Service’s House Calendar. ting the Administration’s final rule—NASA final rule—Tax Avoidance Using Offsetting Mr. TOM DAVIS of Virginia: Committee on Grant Cooperative Agreement Handbook— Foreign Currency Option Contracts [Notice Government Reform. H.R. 3478. A bill to Public Acknowledgements. (RIN: 2700–AC75) 2003–81] received December 5, 2003, pursuant amend title 44, United States Code, to im- received December 8, 2003, pursuant to 5 to 5 U.S.C. 801(a)(1)(A); to the Committee on prove the efficiency of operations by the Na- U.S.C. 801(a)(1)(A); to the Committee on Ways and Means. tional Archives and Records Administration Science. 5938. A letter from the SSA Regulations Of- (Rept. 108–403). Referred to the Committee of 5927. A letter from the National Adjutant, ficer, Social Security Administration, trans- the Whole House on the State of the Union. Disabled American Veterans, transmitting mitting the Administration’s final rule— f 2003 National Convention Proceedings Of The Governmentwide Debarment and Suspension Disabled American Veterans, pursuant to 36 (Nonprocurement) and Governmentwide Re- PUBLIC BILLS AND RESOLUTIONS U.S.C. 90i and 44 U.S.C. 1332; (H. Doc. No. quirements for Drug-Free Workplace Under clause 2 of rule XII, public 108—143); to the Committee on Veterans’ Af- (Grants) (RIN: 0960–AE27) received December fairs and ordered to be printed. 2, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to bills and resolutions were introduced 5928. A letter from the Director, Regula- the Committee on Ways and Means. and severally referred, as follows: tions Management, Office of Regulation Pol- 5939. A letter from the Regulations Coordi- By Mr. ISSA: icy and Management, Department of Vet- nator, Department of Health and Human H.R. 3651. A bill to account for all aliens erans Affairs, transmitting the Department’s Services, transmitting the Department’s unlawfully present in the United States by final rule—Board of Veterans’ Appeals: Rules final rule—Medicare Program; Photocopying providing incentives for such aliens to reg- of Practice; Use of Supplemental Statement Reimbursement Methodology [CMS–3055–F] ister with the Secretary of Homeland Secu- of the Case (RIN: 2900–AL42) received Novem- (RIN: 0938–AK68) received December 1, 2003, rity, to provide immunity from criminal

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00171 Fmt 0636 Sfmt 0634 E:\CR\FM\L08DE7.000 H08PT1 H12918 CONGRESSIONAL RECORD — HOUSE December 8, 2003 prosecution for the employer of such an alien certain Reservists and their dependents for newal communities to qualify for the re- if the employer pays all taxes and penalties burial in Arlington National Cemetery; to newal community employment credit by em- owed by reason of such employment, and for the Committee on Veterans’ Affairs. ploying residents of certain nearby areas; to other purposes; to the Committee on the Ju- By Mr. RUSH: the Committee on Ways and Means. diciary. H.R. 3660. A bill to authorize the Secretary By Mr. DEUTSCH (for himself and Mr. By Mr. RYAN of Wisconsin (for himself of Education to enter into a partnership with MENENDEZ): and Mr. MATHESON): a qualified local educational agency to con- H.R. 3670. A bill to amend the Internal Rev- H.R. 3652. A bill to amend the Internal Rev- duct a model school-to-work program, and enue Code of 1986 to impose a 100 percent tax enue Code of 1986 to modify the taxation of for other purposes; to the Committee on on amounts received from trading with Cuba imported archery products; to the Com- Education and the Workforce. if the trading is conditioned explicitly or mittee on Ways and Means. considered and By Mr. HAYES: otherwise on lobbying Congress to lift trade passed. H.R. 3661. A bill to amend the Tariff Act of or travel restrictions on Cuba; to the Com- By Mr. CASE (for himself and Mr. 1930 to provide for the seizure, forfeiture, and mittee on Ways and Means. ABERCROMBIE): destruction of textile and apparel articles By Mr. DEUTSCH (for himself, Mr. H.R. 3653. A bill to provide authorities to, imported in violation of certain laws of the HASTINGS of Florida, Ms. CORRINE and impose requirements on, the heads of ex- United States, and for other purposes; to the BROWN of Florida, Mr. WEXLER, and ecutive agencies in order to facilitate State Committee on Ways and Means, and in addi- Mrs. JO ANN DAVIS of Virginia): enforcement of State tax, employment, and tion to the Committee on the Judiciary, for H.R. 3671. A bill to amend part D of title licensing laws against Federal construction a period to be subsequently determined by XVIII of the Social Security Act, as added by contractors; to the Committee on Govern- the Speaker, in each case for consideration the Medicare Prescription Drug, Improve- ment Reform, and in addition to the Com- of such provisions as fall within the jurisdic- ment, and Modernization Act of 2003, to per- mittee on Armed Services, for a period to be tion of the committee concerned. mit the Secretary of Health and Human subsequently determined by the Speaker, in By Mr. ALLEN (for himself, Mr. WAX- Services to enter into direct negotiations to each case for consideration of such provi- MAN, Mr. STARK, Mr. BROWN of Ohio, promote best prices for Medicare bene- sions as fall within the jurisdiction of the Mr. PALLONE, Mr. MARKEY, Mr. MEE- ficiaries; to the Committee on Energy and committee concerned. HAN, Mr. BERRY, Mr. MICHAUD, Ms. Commerce, and in addition to the Committee By Mr. THOMAS (for himself and Mr. SCHAKOWSKY, Mr. FRANK of Massa- on Ways and Means, for a period to be subse- RANGEL): quently determined by the Speaker, in each H.R. 3654. A bill to amend the Internal Rev- chusetts, Mr. OLVER, Mr. CASE, Mrs. EMERSON, Mr. STUPAK, Mr. OBERSTAR, case for consideration of such provisions as enue Code of 1986 to make technical correc- fall within the jurisdiction of the committee tions, and for other purposes; to the Com- and Mr. MCGOVERN): H.R. 3662. A bill to provide for substantial concerned. mittee on Ways and Means. By Mr. EDWARDS (for himself, Ms. By Mr. KUCINICH (for himself, Ms. reductions in the price of prescription drugs purchased by States for its employees, retir- PELOSI, Mr. HOYER, Mr. CLYBURN, Mr. LEE, and Mr. SANDERS): DINGELL, Mr. RANGEL, Mr. BERRY, H.R. 3655. A bill to amend the Internal Rev- ees, and pharmaceutical assistance bene- Mr. BROWN of Ohio, Mr. STARK, Mr. enue Code of 1986 to replace the earned in- ficiaries; to the Committee on Energy and SPRATT, Mr. GEORGE MILLER of Cali- come credit, the child tax credit, and the de- Commerce. fornia, Mr. MATSUI, Mr. WAXMAN, Ms. duction for dependents with a simplified By Mr. ANDREWS: SCHAKOWSKY, Mr. PALLONE, Mr. OBEY, family tax credit; to the Committee on Ways H.R. 3663. A bill to waive copayments and Mr. BISHOP of New York, Mr. MOORE, and Means. deductibles for military personnel who qual- Mr. MICHAUD, Mr. BELL, Mr. VAN By Mrs. CAPPS: ify for TRICARE and use other health insur- H.R. 3656. A bill to amend title XVIII of the ance as their primary form of coverage; to HOLLEN, Mr. DAVIS of Tennessee, Mr. Social Security Act to impose minimum the Committee on Armed Services. STENHOLM, Mr. FROST, Mr. LEVIN, Mr. nurse staffing ratios in Medicare partici- By Mr. BILIRAKIS (for himself, Mr. ORTIZ, Mr. HINOJOSA, Mr. RODRIGUEZ, pating hospitals, and for other purposes; to TAUZIN, Mr. TAYLOR of Mississippi, Mrs. LOWEY, Mr. ROSS, Mrs. MCCAR- the Committee on Energy and Commerce, Mr. BARTLETT of Maryland, Mr. BAR- THY of New York, Mr. GREEN of and in addition to the Committee on Ways TON of Texas, Mr. DEAL of Georgia, Texas, Mr. LEWIS of Georgia, Mr. and Means, for a period to be subsequently Mr. PICKERING, Mr. SMITH of New Jer- ACKERMAN, Ms. WATERS, Ms. EDDIE determined by the Speaker, in each case for sey, Mr. STEARNS, Mr. PITTS, Mr. BERNICE JOHNSON of Texas, Mr. consideration of such provisions as fall with- UPTON, Mr. WHITFIELD, Mr. BURR, and HOEFFEL, Mr. TIERNEY, Mr. WEINER, in the jurisdiction of the committee con- Mr. HALL): Mr. HINCHEY, Mr. SANDLIN, Mrs. cerned. H.R. 3664. A bill to prohibit certain abor- MALONEY, Mr. MCDERMOTT, Mr. By Mr. KUCINICH (for himself, Mr. tion-related discrimination in governmental MORAN of Virginia, Ms. LINDA T. HOEFFEL, Mr. CONYERS, and Mr. HIN- activities; to the Committee on Energy and SANCHEZ of California, Mr. CROWLEY, CHEY): Commerce. Mr. RUPPERSBERGER, Ms. MCCOLLUM, H.R. 3657. A bill to preserve the coopera- By Mr. BISHOP of Georgia: Mr. GRIJALVA, Ms. MAJETTE, Mr. tive, peaceful uses of space for the benefit of H.R. 3665. A bill to award congressional DELAHUNT, Mr. MCNULTY, Mr. LAN- all humankind by prohibiting the basing of gold medals to former President Jimmy TOS, Mr. CARDOZA, Mr. LYNCH, Ms. weapons in space and the use of weapons to Carter and his wife Rosalynn Carter in rec- KILPATRICK, Mr. PRICE of North Caro- destroy or damage objects in space that are ognition of their outstanding service to the lina, Mr. BISHOP of Georgia, Mr. in orbit, and for other purposes; to the Com- United States and to the world; to the Com- KLECZKA, Ms. NORTON, Mr. OLVER, mittee on Science, and in addition to the mittee on Financial Services. Mr. RYAN of Ohio, Mr. BAIRD, Mr. Committees on Armed Services, and Inter- By Mr. BISHOP of Georgia (for himself OWENS, Mr. UDALL of New Mexico, national Relations, for a period to be subse- and Mrs. JONES of Ohio): Ms. JACKSON-LEE of Texas, Ms. KAP- quently determined by the Speaker, in each H.R. 3666. A bill to amend the Internal Rev- TUR, Mr. BALLANCE, Mr. CASE, Ms. case for consideration of such provisions as enue Code of 1986 to increase from 13 to 15 SOLIS, Mr. COOPER, Mr. EMANUEL, Mr. fall within the jurisdiction of the committee the age of dependents who may be taken into TAYLOR of Mississippi, Mr. DAVIS of concerned. account for purposes of determining the Illinois, Mr. KILDEE, Mr. SCHIFF, and By Mrs. CAPPS (for herself, Mr. PICK- credit for expenses for household and depend- Mr. MEEK of Florida): ERING, Mr. DINGELL, Mr. BARTON of ent care services necessary for gainful em- H.R. 3672. A bill to amend part D of title Texas, Mr. BROWN of Ohio, Mr. DEAL ployment; to the Committee on Ways and XVIII of the Social Security Act, as added by of Georgia, Mr. WAXMAN, Mr. Means. the Medicare Prescription Drug, Improve- SHIMKUS, Mr. PALLONE, Mr. GORDON, By Mr. CANNON (for himself and Mr. ment, and Modernization Act of 2003, to pro- Mr. ENGEL, Mr. WYNN, Mr. GREEN of PORTER): vide for negotiation of fair prices for Medi- Texas, Mr. DOYLE, Mr. ALLEN, Ms. H.R. 3667. A bill to direct the Secretary of care prescription drugs; to the Committee on SCHAKOWSKY, and Ms. SOLIS): Agriculture to convey certain real property Energy and Commerce, and in addition to H.R. 3658. A bill to amend the Public in the Dixie National Forest in the State of the Committee on Ways and Means, for a pe- Health Service Act to strengthen education, Utah, and for other purposes; to the Com- riod to be subsequently determined by the prevention, and treatment programs relating mittee on Resources. Speaker, in each case for consideration of to stroke, and for other purposes; to the By Mr. CARSON of Oklahoma: such provisions as fall within the jurisdic- Committee on Energy and Commerce. H.R. 3668. A bill to amend the Public tion of the committee concerned. By Mr. SMITH of New Jersey (for him- Health Service Act to provide greater access By Mr. EMANUEL (for himself, Mr. self, Mr. EVANS, Mr. BROWN of South for residents of frontier areas to health care DEFAZIO, Ms. DELAURO, Mr. SANDERS, Carolina, Mr. MICHAUD, Mr. MILLER services provided by community health cen- Mr. GEORGE MILLER of California, Mr. of Florida, Ms. CARSON of Indiana, ters; to the Committee on Energy and Com- MCGOVERN, Mr. HINCHEY, Mr. RYAN of Ms. BERKLEY, Mr. BROWN of Ohio, and merce. Ohio, Mr. GRIJALVA, Mr. ISRAEL, Ms. Mr. SHIMKUS): By Mr. DAVIS of Alabama: KILPATRICK, Ms. LEE, Mr. STARK, Ms. H.R. 3659. A bill to amend title 38, United H.R. 3669. A bill to amend the Internal Rev- SLAUGHTER, Ms. SCHAKOWSKY, Mr. States Code, to enact into law eligibility of enue Code of 1986 to allow employers in re- FROST, and Mr. MEEHAN):

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00172 Fmt 0636 Sfmt 0634 E:\CR\FM\L08DE7.100 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — HOUSE H12919 H.R. 3673. A bill to prohibit profiteering H.R. 3681. A bill to provide an exemption By Mr. RUPPERSBERGER: and fraud relating to military action, relief, from certain requirements under the H.R. 3691. A bill to prohibit the Office of and reconstruction efforts in Iraq, and for Gramm-Leach-Bliley Act; to the Committee Federal Detention Trustee from constructing other purposes; to the Committee on the Ju- on Financial Services. Federal detention centers and to prohibit the diciary. By Ms. KILPATRICK: Department of Justice from siting a deten- By Mr. GARRETT of New Jersey: H.R. 3682. A bill to amend title 49, United tion center or Federal prison in Maryland, H.R. 3674. A bill to amend section 5318 to States Code, to clarify certain Buy America and for other purposes; to the Committee on prohibit the use of identification issued by provisions; to the Committee on Transpor- the Judiciary. foreign governments, other than passports, tation and Infrastructure. By Ms. LINDA T. SANCHEZ of Cali- for purposes of verifying the identity of a By Mr. KING of New York (for himself fornia (for herself and Mr. QUINN): person who opens an account at a financial and Ms. SCHAKOWSKY): H.R. 3692. A bill to amend the Safe and institution, and for other purposes; to the H.R. 3683. A bill to direct the Secretary of Drug-Free Schools and Communities Act and Committee on Financial Services. Transportation to evaluate devices and tech- the Omnibus Crime Control and Safe Streets By Mr. HOBSON (for himself, Ms. nology for reducing the incidence of child in- Act of 1968 to authorize the use of grant PRYCE of Ohio, and Mr. TIBERI): jury and death occurring inside or outside of funds for bullying prevention, and for other H.R. 3675. A bill to transfer administrative motor vehicles, and for other purposes; to purposes; to the Committee on Education jurisdiction of a parcel of real property com- and the Workforce, and in addition to the prising a portion of the Defense Supply Cen- the Committee on Energy and Commerce. By Mrs. LOWEY (for herself, Mr. Committee on the Judiciary, for a period to ter in Columbus, Ohio, and for other pur- be subsequently determined by the Speaker, poses; to the Committee on Armed Services, GREENWOOD, Mr. LATOURETTE, Ms. WOOLSEY, Mr. SERRANO, Mr. in each case for consideration of such provi- and in addition to the Committee on Vet- sions as fall within the jurisdiction of the erans’ Affairs, for a period to be subse- PALLONE, Mr. HOEFFEL, Ms. SLAUGH- TER, Mr. HINCHEY, Ms. NORTON, Ms. committee concerned. quently determined by the Speaker, in each By Mr. SCOTT of Virginia (for himself, case for consideration of such provisions as DELAURO, Mr. GEORGE MILLER of Mr. COBLE, Mr. CONYERS, Mr. CASE, fall within the jurisdiction of the committee California, Mr. BROWN of Ohio, Ms. Mr. FROST, Mr. FRANK of Massachu- concerned. ROYBAL-ALLARD, and Mr. WAXMAN): setts, Mr. BERMAN, Ms. SCHAKOWSKY, By Mr. HOLT (for himself, Mr. HYDE, H.R. 3684. A bill to amend the Federal Ms. LEE, and Mr. KUCINICH): Mr. GEORGE MILLER of California, Ms. Food, Drug, and Cosmetic Act to establish labeling requirements with respect to aller- H.R. 3693. A bill to provide additional re- HARMAN, Mr. LANTOS, Mr. KILDEE, sources to the Department of Justice for the Mr. PAYNE, Mrs. DAVIS of California, genic substances in foods, and for other pur- poses; to the Committee on Energy and Com- investigation and prosecution of identity Ms. MCCOLLUM, Mr. CASE, Mr. VAN theft and related credit card and other fraud; HOLLEN, Mr. HASTINGS of Florida, Mr. merce. By Mr. MEEK of Florida: to the Committee on the Judiciary. BOEHLERT, Mr. REYES, Mr. BOSWELL, By Mr. SHERMAN (for himself, Mr. Ms. ESHOO, Mr. RUPPERSBERGER, Mr. H.R. 3685. A bill to authorize the Secretary BARTLETT of Maryland, Mr. HONDA, SIMMONS, Mr. MEEHAN, Mr. SNYDER, of Education to make grants to reduce the size of core curriculum classes in public ele- and Mr. BAIRD): Mrs. TAUSCHER, Mr. COOPER, Mr. H.R. 3694. A bill to amend the Internal Rev- mentary and secondary schools, and for FROST, Mr. FRANK of Massachusetts, enue Code of 1986 to extend the deduction for other purposes; to the Committee on Edu- Ms. DELAURO, Ms. ROYBAL-ALLARD, clean-fuel vehicles and certain refueling cation and the Workforce. Mr. SCHIFF, Mr. MCGOVERN, Mr. property; to the Committee on Ways and By Mr. OBERSTAR: FARR, Mr. FORD, Mr. MCDERMOTT, Means. H.R. 3686. A bill to authorize the Economic Mr. NADLER, Mr. INSLEE, Mr. ACKER- By Mr. SMITH of New Jersey (for him- Development Administration to make grants MAN, and Mr. BELL): self, Mr. SAXTON, and Mr. LOBIONDO): H.R. 3676. A bill to strengthen the national to producers of taconite for implementation H.R. 3695. A bill to establish a pilot and security through the expansion and improve- of new technologies to increase productivity, demonstration program in New Jersey and ment of foreign language study, and for to reduce costs, and to improve overall prod- elsewhere to improve security on military other purposes; to the Committee on Edu- uct quality and performance; to the Com- installations and to improve the quality of cation and the Workforce, and in addition to mittee on Transportation and Infrastruc- defense contractors and subcontractors; to the Committees on Intelligence (Permanent ture, and in addition to the Committee on the Committee on Armed Services. Select), and Armed Services, for a period to Financial Services, for a period to be subse- By Mrs. TAUSCHER (for herself, Mr. be subsequently determined by the Speaker, quently determined by the Speaker, in each SKELTON, Mr. ORTIZ, Mr. EVANS, Mr. in each case for consideration of such provi- case for consideration of such provisions as TAYLOR of Mississippi, Mr. MEEHAN, sions as fall within the jurisdiction of the fall within the jurisdiction of the committee Mr. REYES, Mr. TURNER of Texas, Mr. committee concerned. concerned. SMITH of Washington, Mr. MCINTYRE, By Ms. HOOLEY of Oregon: MITH By Mr. OSE (for himself and Mr. S Mr. RODRIGUEZ, Mr. BRADY of Penn- H.R. 3677. A bill to amend the Federal of Texas): Food, Drug, and Cosmetic Act to require sylvania, Mr. HILL, Mr. LARSON of H.R. 3687. A bill to amend section 1464 of Connecticut, Mr. LARSEN of Wash- that each prescription drug sold at retail title 18, United States Code, to provide for bear a label that states the full retail price ington, Mr. ISRAEL, Mr. MEEK of the punishment of certain profane broad- Florida, Mrs. DAVIS of California, Mr. of the drug; to the Committee on Energy and casts, and for other purposes; to the Com- Commerce. ALEXANDER, Mr. MURTHA, Mr. ED- mittee on the Judiciary. WARDS, Mr. HOLT, Mr. HOLDEN, Mr. By Mr. HOUGHTON: By Mr. PICKERING: H.R. 3678. A bill to amend the Internal Rev- MORAN of Virginia, Mr. FROST, and H.R. 3688. A bill to provide for review in enue Code of 1986 to expand the work oppor- Mr. COOPER): the Court of International Trade of certain tunity tax credit to include trade adjust- H.R. 3696. A bill to amend title 10, United determinations of binational panels and ment assistance recipients as a targeted States Code, to provide a temporary increase committees under the North American Free group; to the Committee on Ways and in the minimum end strength level for active Trade Agreement; to the Committee on Ways Means. duty personnel for the Army, the Marine and Means. By Mr. ISRAEL: Corps, and the Air Force, and for other pur- H.R. 3679. A bill to amend the Harmonized By Mr. QUINN (for himself, Ms. poses; to the Committee on Armed Services. Tariff Schedule of the United States with re- SLAUGHTER, and Mr. REYNOLDS): By Mr. THOMPSON of California: spect to rattan webbing; to the Committee H.R. 3689. A bill to amend the Energy Em- H.R. 3697. A bill to amend title 49, United on Ways and Means. ployees Occupational Illness Compensation States Code, to exempt airports in economi- By Mr. ISRAEL: Program Act of 2000 to provide for certain cally depressed communities from matching H.R. 3680. A bill to provide that Members of additional former nuclear weapons program grant obligations under the airport improve- Congress be made ineligible for coverage workers to be included in the Special Expo- ment program; to the Committee on Trans- under the Federal employees health benefits sure Cohort under the compensation pro- portation and Infrastructure. program and instead be made eligible for gram established by that Act; to the Com- By Mr. UDALL of Colorado (for himself coverage under the Medicare Program; to the mittee on the Judiciary, and in addition to and Mr. UDALL of New Mexico): Committee on House Administration, and in the Committee on Education and the Work- H.R. 3698. A bill to assure that develop- addition to the Committees on Government force, for a period to be subsequently deter- ment of certain Federal oil and gas resources Reform, Ways and Means, and Energy and mined by the Speaker, in each case for con- will occur in ways that protect water re- Commerce, for a period to be subsequently sideration of such provisions as fall within sources and surface owner rights, and for determined by the Speaker, in each case for the jurisdiction of the committee concerned. other purposes; to the Committee on Re- consideration of such provisions as fall with- By Mr. REYNOLDS: sources, and in addition to the Committee on in the jurisdiction of the committee con- H.R. 3690. A bill to designate the facility of Transportation and Infrastructure, for a pe- cerned. the United States Postal Service located at 2 riod to be subsequently determined by the By Mr. KENNEDY of Minnesota (for West Main Street in Batavia, New York, as Speaker, in each case for consideration of himself and Mr. PETERSON of Min- the ‘‘Barber Conable Post Office Building’’; such provisions as fall within the jurisdic- nesota): to the Committee on Government Reform. tion of the committee concerned.

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00173 Fmt 0636 Sfmt 0634 E:\CR\FM\L08DE7.100 H08PT1 H12920 CONGRESSIONAL RECORD — HOUSE December 8, 2003

By Mr. VISCLOSKY (for himself, Mr. Mrs. TAUSCHER, Mr. STARK, Mr. LAN- ereignty, independence, territorial integrity, KUCINICH, Mr. MURTHA, Mr. MOL- TOS, Mr. FARR, Ms. LEE, Mr. THOMP- and democratic and economic reforms of the LOHAN, Mr. CARDIN, Mr. STUPAK, Mrs. SON of California, and Mrs. DAVIS of Republic of Georgia; to the Committee on JONES of Ohio, Mr. STRICKLAND, Mr. California): International Relations. LEVIN, Mr. OBERSTAR, Mr. DINGELL, H. Res. 475. A resolution congratulating By Mr. HASTINGS of Florida: Mr. CONYERS, Mr. LIPINSKI, Mr. the San Jose Earthquakes for winning the H. Res. 484. A resolution commending the BERRY, Mr. DOYLE, Mr. SPRATT, Mr. 2003 Major League Soccer Cup; to the Com- Governments of India and Pakistan for im- ABERCROMBIE, Mr. BROWN of Ohio, mittee on Government Reform. proved diplomatic relations between the two Ms. KILPATRICK, Mr. RAHALL, Mr. By Mr. DELAY: countries, and for other purposes; to the GEPHARDT, Mr. HOEFFEL, Mr. HOLDEN, H. Res. 476. A resolution providing for a Committee on International Relations. Mr. JACKSON of Illinois, Mr. FATTAH, committee to notify the President of com- By Ms. LINDA T. SANCHEZ of Cali- Mr. FILNER, Mr. EVANS, Mr. CRAMER, pletion of business; considered and agreed to. fornia: Mr. COSTELLO, Mr. RUPPERSBERGER, By Mr. ABERCROMBIE: H. Res. 485. A resolution expressing the H. Res. 477. A resolution calling on the Mr. SANDERS, Mr. BACA, Mr. BISHOP sense of the House of Representatives that a People’s Republic of China immediately and of Georgia, Mr. BRADY of Pennsyl- ‘‘Welcome Home Vietnam Veterans Day’’ unconditionally to release Rebiya Kadeer, vania, Mr. CARDOZA, Mr. CLAY, Mr. should be established; to the Committee on and for other purposes; to the Committee on DAVIS of Alabama, Mr. GREEN of Government Reform. International Relations. Texas, Mr. GRIJALVA, Mr. HINCHEY, By Ms. BERKLEY (for herself and Mr. f Mr. MCGOVERN, Mr. PALLONE, Mr. WEINER): MEMORIALS PASTOR, Mr. ROTHMAN, Ms. H. Res. 478. A resolution urging a return to SCHAKOWSKY, Ms. CARSON of Indiana, the principles outlined in the ‘‘Road Map for Under clause 3 of rule XII, memorials Mr. PAYNE, Mr. KANJORSKI, Mr. Peace‘‘as a viable framework for achieving a were presented and referred as follows: LAMPSON, Mr. RYAN of Ohio, Mr. peaceful solution in the Middle East; to the 234. The SPEAKER presented a memorial ISRAEL, Mr. MICHAUD, Mr. SANDLIN, Committee on International Relations. of the Senate of the State of Michigan, rel- Ms. BERKLEY, Mr. CAPUANO, Mr. By Mrs. CAPPS (for herself, Mr. ative to Senate Resolution No. 189 memori- DELAHUNT, Ms. SLAUGHTER, Mr. HOUGHTON, Mr. MARKEY, Mr. LEACH, alizing the United States Congress to take THOMPSON of Mississippi, Mr. BOS- Mr. MCGOVERN, Mr. WALSH, Mr. the necessary actions, through the Inter- WELL, and Mr. MCNULTY): PRICE of North Carolina, Mr. SIM- national Monetary Fund or otherwise, to en- H.R. 3699. A bill to reinstate the safeguard MONS, Mr. JACKSON of Illinois, Mr. sure that foreign nations that trade with the measures imposed on imports of certain steel PITTS, Mr. DINGELL, Mr. FARR, Ms. United States do so fairly and do not manip- products, as in effect on December 4, 2003; to EDDIE BERNICE JOHNSON of Texas, Mr. ulate their currency; to the Committee on the Committee on Ways and Means. UDALL of Colorado, Mr. GRIJALVA, Financial Services. By Mr. YOUNG of Florida: Ms. LEE, Mr. HINCHEY, Mr. GONZALEZ, 235. Also, a memorial of the House of Rep- H.J. Res. 82. A joint resolution making fur- resentatives of the Commonwealth of Massa- ther continuing appropriations for the fiscal Mr. GEORGE MILLER of California, Mr. chusetts, relative to a Resoultion urging the year 2004, and for other purposes; to the MORAN of Virginia, Mr. PASCRELL, Committee on Appropriations. considered Mr. RAHALL, Ms. MCCOLLUM, Mr. Congress of the United States to revise the and passed. DEFAZIO, Mr. DELAHUNT, Mr. KIND, Magnuson-Stevens Act and Pending Amend- By Mr. BAIRD: Mr. BLUMENAUER, Mr. KUCINICH, Ms. ment 13 to preserve the existing successful H.J. Res. 83. A joint resolution proposing KAPTUR, Mr. MCDERMOTT, Mr. BAIRD, management of the Commonwealth’s an amendment to the Constitution of the and Ms. BALDWIN): groundfisheries; to the Committee on Re- United States regarding the appointment of H. Res. 479. A resolution expressing the sources. individuals to fill vacancies in the House of sense of the House of Representatives regard- 236. Also, a memorial of the Senate of the Representatives; to the Committee on the ing fighting terror and embracing efforts to State of Michigan, relative to Senate Reso- Judiciary. achieve Israeli-Palestinian peace; to the lution No. 190 memorializing the United By Mr. NEY (for himself and Mr. Committee on International Relations. States Congress to develop economic incen- LARSON of Connecticut): By Mr. DINGELL (for himself, Mr. KIL- tives and other programs to aid in the recov- H. Con. Res. 345. Concurrent resolution au- DEE, Mr. MARKEY, Mr. GEORGE MIL- ery and stabilization of the manufacturing thorizing the printing as a House document LER of California, Mr. PALLONE, and industry in the United States; jointly to the of the transcripts of the proceedings of ‘‘The Mr. RAHALL): Committees on Financial Services and Ways Changing Nature of the House Speakership: H. Res. 480. A resolution to honor the 30th and Means. The Cannon Centenary Conference‘‘, spon- anniversary of the enactment of the Endan- 237. Also, a memorial of the House of Rep- sored by the Congressional Research Service gered Species Act of 1973; to the Committee resentatives of the State of Michigan, rel- on November 12, 2003; to the Committee on on Resources. ative to House Resolution No. 176 memori- House Administration. considered and agreed By Mr. GINGREY (for himself, Mr. alizing the United States Congress to enact to. DUNCAN, Mr. ALEXANDER, Mr. WILSON legislation to establish a prescription drug By Mr. RANGEL: of South Carolina, Mr. MARSHALL, benefit within Medicare; jointly to the Com- H. Con. Res. 346. Concurrent resolution Mrs. MILLER of Michigan, Mr. mittees on Ways and Means and Energy and commemorating the tenth anniversary of the HOLDEN, Mr. BISHOP of Georgia, Mr. Commerce. first democratic elections held in South Afri- KINGSTON, Mr. BARTLETT of Mary- 238. Also,a memorial of the Health Care ca, recognizing the historical significance of land, Mrs. CUBIN, Mr. SMITH of Texas, Task Force of the General Assembly of Colo- the momentous event, and honoring the Mr. JOHN, Mr. ISAKSON, and Mr. BAR- rado, relative to a letter urging the United South Africans who dedicated their lives to RETT of South Carolina): States Congress to maintain existing lan- promoting and championing democracy; to H. Res. 481. A resolution recognizing the guage in S. 1 and H.R. 1 that suspends the the Committee on International Relations. establishment of Hunters for the Hungry Outcome and Assessment Information Set By Mr. RODRIGUEZ: programs across the United States and the (OASIS) data collection requirement for non- H. Con. Res. 347. Concurrent resolution ex- contributions of those programs to efforts to Medicare and non-Medicaid home health pressing the sense of the Congress that a decrease hunger and help feed those in need; plans; jointly to the Committees on Ways commemorative postage stamp should be to the Committee on Agriculture. and Means and Energy and Commerce. issued in honor of William C. Velasquez, the By Mr. GINGREY (for himself, Mr. 239. Also, a memorial of the Senate of the national Hispanic civic leader; to the Com- BARTLETT of Maryland, Mr. MCIN- State of Michigan, relative to Senate Reso- mittee on Government Reform. TYRE, Mr. TANNER, Mr. WICKER, Mr. lution No. 188 memorializing the United By Mr. SOUDER (for himself, Mrs. BARTON of Texas, Mr. SHUSTER, Mr. States Congress to expand its efforts through MYRICK, Mrs. JO ANN DAVIS of Vir- KILDEE, Mr. BISHOP of Utah, Mr. the World Trade Organization and the World ginia, Mrs. MCCARTHY of New York, HUNTER, Mr. STENHOLM, Mr. BURNS, Intellectual Property Organization to ensure Mr. TOM DAVIS of Virginia, Mr. Mrs. JO ANN DAVIS of Virginia, and that the intellectual property of domestic WELDON of Florida, Mr. FILNER, and Mr. TURNER of Ohio): businesses and individuals is protected and Mr. GARRETT of New Jersey): H. Res. 482. A resolution expressing the that actions are taken against those coun- H. Con. Res. 348. Concurrent resolution rec- sense of the House of Representatives with tries that violate the World Trade Organiza- ognizing the survivors of cervical cancer and respect to the October 3, 2003, order released tion and World Intellectual Property Organi- the importance of good cervical health, pre- by the Federal Communications Commis- zation standards; jointly to the Committees venting HPV infection, and detecting cer- sion’s Enforcement Bureau in response to on Ways and Means and International Rela- vical cancer during its earliest stages; to the complaints regarding the broadcast of pro- tions. Committee on Energy and Commerce. gram material that contained indecent lan- Ms. PELOSI: guage; to the Committee on Energy and f H. Res. 474. A resolution relating to a ques- Commerce. PRIVATE BILLS AND tion of the privileges of the House. By Mr. HASTINGS of Florida: By Mr. HONDA (for himself, Ms. H. Res. 483. A resolution pledging contin- RESOLUTIONS LOFGREN, Ms. ESHOO, Mr. POMBO, ued United States support for the sov- Under clause 3 of rule XII,

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Ms. ROYBAL-ALLARD introduced a bill H.R. 1336: Mr. BISHOP of Georgia. H.R. 2727: Mr. VAN HOLLEN, Mr. SHERMAN, (H.R. 3700) for the relief of Benjamin Cabrera H.R. 1372: Mr. LINCOLN DIAZ-BALART of Mr. BOEHLERT, and Ms. HOOLEY of Oregon. and Londy Patricia Cabrera; which was re- Florida. H.R. 2732: Mrs. BLACKBURN. ferred to the Committee on the Judiciary. H.R. 1396: Ms. MCCARTHY of Missouri. H.R. 2768: Mr. TOM DAVIS of Virginia, Mr. H.R. 1414: Ms. KAPTUR and Mr. MICHAUD. MEEHAN, Mr. ADERHOLT, Mrs. CAPPS, Mr. f H.R. 1430: Ms. SLAUGHTER, Mr. HINCHEY, RODRIGUEZ, Mr. COLLINS, Ms. EDDIE BERNICE ADDITIONAL SPONSORS Mr. ABERCROMBIE, and Mr. SABO. JOHNSON of Texas, Mr. REYNOLDS, Mr. CAMP, H.R. 1435: Ms. MAJETTE. Mr. ACKERMAN, Mr. BACA, Mrs. JONES of Under clause 7 of rule XII, sponsors H.R. 1480: Mr. KUCINICH. Ohio, Mr. ROSS, Mr. BECERRA, Ms. JACKSON- were added to public bills and resolu- H.R. 1489: Mr. BOOZMAN, Mr. HOEKSTRA, and LEE of Texas, Mr. WATT, Mr. FARR, Mr. MOL- tions as follows: Mr. BURR. LOHAN, Mr. BURGESS, and Mrs. DAVIS of Cali- H.R. 1501: Ms. WATERS, Ms. ROYBAL-AL- H.R. 36: Mr. STUPAK. fornia. LARD, Ms. HARMAN, Mr. WAXMAN, Ms. H.R. 58: Ms. WATERS and Mr. LARSEN of H.R. 2809: Mr. ETHERIDGE. Washington. LOFGREN, Mr. MATSUI, and Mr. INSLEE. H.R. 2810: Mr. ETHERIDGE. H.R. 1513: Mr. BAIRD. H.R. 2818: Mrs. JONES of Ohio. H.R. 97: Mr. EVANS. H.R. 1532: Ms. NORTON, Mr. GILCHREST, Ms. H.R. 2823: Mr. MCGOVERN and Mr. EHLERS. H.R. 111: Mr. SESSIONS, Mr. CHOCOLA, and MAJETTE, Ms. DEGETTE, Mrs. NORTHUP, Mr. H.R. 2830: Mr. BOEHLERT. Mr. PENCE. ETHERIDGE, Ms. PELOSI, Mr. KENNEDY of H.R. 2844: Mr. COX. H.R. 218: Mr. MARSHALL. Rhode Island, and Mr. CUMMINGS. H.R. 2863: Ms. HART, Mr. THOMPSON of Cali- H.R. 278: Mrs. MYRICK. H.R. 1563: Ms. SLAUGHTER, Mr. GREENWOOD, fornia, Mr. CAPUANO, Mr. MEEK of Florida, H.R. 284: Mr. BISHOP of Georgia. and Mrs. JONES of Ohio. Mr. MARIO DIAZ-BALART of Florida, Ms. H.R. 296: Ms. HOOLEY of Oregon. H.R. 1582: Mr. PITTS, Mr. ISSA, Mr. AKIN, HOOLEY of Oregon, Mr. GREEN of Texas, and H.R. 327: Ms. BORDALLO. and Mr. FRANK of Massachusetts. Mrs. JO ANN DAVIS of Virginia. H.R. 328: Ms. MCCARTHY of Missouri. H.R. 1600: Mr. HASTINGS of Florida. H.R. 2885: Mr. BROWN of South Carolina. H.R. 333: Ms. LINDA T. SANCHEZ of Cali- H.R. 1688: Ms. ROYBAL-ALLARD and Ms. H.R. 2928: Mr. BISHOP of New York. fornia. HOOLEY of Oregon. H.R. 2949: Mr. GRIJALVA. H.R. 339: Ms. BERKLEY. H.R. 1689: Mr. GUTIERREZ, Mr. BERMAN, Mr. H.R. 2957: Mr. MANZULLO. H.R. 369: Mr. FORD. MENENDEZ, and Mr. DOGGETT. H.R. 2959: Mr. DOGGETT. H.R. 375: Mr. MCKEON and Mr. ORTIZ. H.R. 1708: Mr. KENNEDY of Minnesota. H.R. 2983: Mr. CASE, Mr. BACA, and Mr. H.R. 384: Mr. TOOMEY and Mr. KOLBE. H.R. 1723: Ms. VELAZQUEZ. CARSON of Oklahoma. H.R. 391: Mr. HUNTER. H.R. 1734: Mr. GOODE. H.R. 2986: Mr. GOODLATTE and Mrs. H.R. 466: Mr. RADANOVICH. H.R. 1746: Mr. RUSH, Mrs. MALONEY, Ms. TAUSCHER. H.R. 475: Mr. SCOTT of Virginia and Mr. WATERS, Mr. LANGEVIN, Mr. EMANUEL, and H.R. 3002: Mr. BAIRD. UDALL of Colorado. Mr. CAPUANO. H.R. 3015: Mr. SHAYS. H.R. 501: Mr. ANDREWS and Ms. EDDIE BER- H.R. 1784: Mrs. EMERSON. H.R. 3022: Mr. ALLEN. NICE JOHNSON of Texas. H.R. 1786: Mrs. BIGGERT. H.R. 3049: Mr. HINOJOSA. H.R. 516: Mr. TURNER of Ohio. H.R. 1800: Mr. GEPHARDT. H.R. 3051: Mr. DEFAZIO. H.R. 527: Ms. CARSON of Indiana, Ms. H.R. 1805: Ms. HOOLEY of Oregon. H.R. 3063: Mr. VAN HOLLEN, Mr. GUTIERREZ, LOFGREN, and Mr. KLINE. H.R. 1812: Mr. EMANUEL. and Mr. DOGGETT. C OVERN H.R. 645: Mr. M G . H.R. 1822: Mr. CALVERT, Ms. SOLIS, Mr. H.R. 3064: Mr. HOLT and Mr. SERRANO. ICKERING ROWN H.R. 687: Mr. P , Mr. B of THOMPSON of California, and Mr. WAXMAN. H.R. 3069: Mr. PETRI. South Carolina, and Mr. GOSS. H.R. 1824: Mr. DAVIS of Illinois, Mr. H.R. 3078: Mr. BLUMENAUER. H.R. 713: Mr. LEVIN, Mr. SHERMAN, and Mr. COSTELLO, and Mr. HERGER. H.R. 3084: Mr. HOLT. VAN HOLLEN. H.R. 1861: Ms. MCCOLLUM and Mr. WEINER. H.R. 3104: Mr. UPTON. H.R. 727: Mr. SHERMAN. H.R. 1873: Mr. KLINE and Mr. BEAUPREZ. H.R. 3107: Mr. MEEK of Florida. H.R. 738: Mr. LANGEVIN, Mr. FILNER, and H.R. 1914: Mr. HOEFFEL. H.R. 3109: Ms. CORRINE BROWN of Florida, Ms. NORTON. H.R. 1916: Mrs. NAPOLITANO, Ms. MCCOL- Ms. HARMAN, Mr. PAYNE, and Mr. HINCHEY. H.R. 776: Mr. CLAY. LUM, and Mr. DICKS. H.R. 3111: Ms. MCCARTHY of Missouri, Ms. H.R. 778: Mr. GOODLATTE. H.R. 1958: Ms. HARMAN. LOFGREN, and Mr. LARSEN of Washington. H.R. 785: Mr. GOODLATTE. H.R. 2011: Ms. HOOLEY of Oregon. H.R. 3119: Mr. GOODE, Mr. TIAHRT, Mr. H.R. 786: Mrs. CAPPS. H.R. 2131: Mr. NETHERCUTT, Mr. RANGEL, RYUN of Kansas, and Mr. RAHALL. H.R. 811: Mr. CLAY. Mr. BARLETT of Maryland, Ms. GINNY BROWN- H.R. 3125: Mr. MCINTYRE. H.R. 839: Ms. MCCARTHY of Missouri and WAITE of Florida, Mrs. CUBIN, Ms. GRANGER, H.R. 3142: Mrs. JOHNSON of Connecticut and Mr. FARR. Ms. DUNN, Mr. LEWIS of Georgia, Mr. SAM Mr. OLVER. H.R. 852: Mrs. TAUSCHER and Mr. GUTIER- JOHNSON of Texas, Mr. YOUNG of Alaska, Mr. H.R. 3178: Mr. LAMPSON, Mr. DOGGETT, and REZ. RENZI, Mr. TAUZIN, Mr. REHBERG, Mrs. Ms. LOFGREN. H.R. 857: Mr. DOGGETT, Ms. MAJETTE, Mr. CAPITO, Mr. HUNTER, Mr. MURTHA, Mr. POM- H.R. 3190: Mr. WILSON of South Carolina. MICHAUD, Mr. CASTLE, Mr. GILCHREST, Mr. EROY, Mr. MORAN of Virginia, Mr. ROTHMAN, H.R. 2191: Mr. KENNEDY of Minnesota. HOLT, Mr. KENNEDY of Rhode Island, Mr. Mr. SNYDER, Mr. BOSWELL, Mr. HASTINGS of H.R. 3193: Mr. NUSSLE and Mr. COLE. BALLANCE, and Mrs. BIGGERT. Florida, Ms. HOOLEY of Oregon, Mr. KIND, H.R. 3194: Mr. GOODLATTE and Mr. ABER- H.R. 872: Mr. NUSSLE. Mr. HINOJOSA, and Mr. BECERRA. CROMBIE. H.R. 876: Mr. GARY G. MILLER of California, H.R. 2133: Ms. BERKLEY. H.R. 3199: Mrs. MUSGRAVE. Mr. TURNER of Texas, Mr. PASTOR, Mr. H.R. 2135: Mr. JONES of North Carolina. H.R. 3204: Mr. ADERHOLT, Mr. BACHUS, Mr. UDALL of Colorado, Mr. CLAY, Mr. RAHALL, H.R. 2172: Mr. MEEHAN. BALLENGER, Mr. BARRETT of South Carolina, Ms. ROYBAL-ALLARD, Mr. MARSHALL, Mrs. H.R. 2173: Mr. ALLEN. Mr. BEAUPREZ, Mrs. BIGGERT, Mr. BILIRAKIS, MILLER of Michigan, Mr. OLVER, Mr. VAN H.R. 2198: Mr. BAIRD. Mr. BISHOP of Utah, Mrs. BLACKBURN, Mr. HOLLEN, and Mr. FRANK of Massachusetts. H.R. 2217: Mr. ANDREWS. BOEHNER, Mr. BARTLETT of Maryland, Mr. H.R. 882: Mr. BOEHLERT. H.R. 2224: Ms. CARSON of Indiana. BONNER, Mrs. BONO, Mr. BOOZMAN, Mr. BRADY H.R. 944: Ms. HOOLEY of Oregon. H.R. 2233: Ms. CARSON of Indiana. of Texas, Mr. BROWN of South Carolina, Ms. H.R. 956: Ms. SOLIS. H.R. 2239: Mr. DINGELL, Mr. MOORE, Ms. GINNY BROWN-WAITE of Florida, Mr. BUR- H.R. 962: Ms. SLAUGHTER. VELAZQUEZ, Mr. STUPAK, Mr. ABERCROMBIE, GESS, Mr. BURNS, Mr. BURTON of Indiana, Mr. H.R. 970: Mr. BAIRD. Mr. PRICE of North Carolina, Mr. MATHESON, BUYER, Mr. CALVERT, Mr. CAMP, Mr. CANTOR, H.R. 990: Mr. RENZI and Mr. MCINTYRE. Mr. COLE, Mr. DICKS, and Mr. SNYDER. Mrs. CAPITO, Mr. CARTER, Mr. CHABOT, Mr. H.R. 996: Mr. KIRK. H.R. 2260: Mrs. DAVIS of California, Ms. CHOCOLA, Mr. COBLE, Mr. COLE, Mr. COLLINS, H.R. 1029: Mr. FROST. HOOLEY of Oregon, Mr. JENKINS, Mr. JOHN, Mr. COX, Mr. CRENSHAW, Mrs. CUBIN, Mr. H.R. 1034: Mr. FALEOMAVAEGA. Ms. ROYBAL-ALLARD, Mr. SCHIFF, Mr. WYNN, CULBERSON, Mr. CUNNINGHAM, Mr. DEAL of H.R. 1105: Mr. MCINTYRE. Mr. CASE, and Mr. BONILLA. Georgia, Mr. MARIO DIAZ-BALART of Florida, H.R. 1117: Mr. OTTER and Mr. GUTIERREZ. H.R. 2323: Mrs. CAPPS. Mr. DOOLITTLE, Mr. DREIER, Ms. DUNN, Mr. H.R. 1149: Mr. KENNEDY of Rhode Island. H.R. 2404: Mr. SNYDER. EVERETT, Mr. FEENEY, Mr. FOLEY, Mr. H.R. 1155: Mr. WELLER, Mr. LINCOLN DIAZ- H.R. 2490: Mr. FILNER. FORBES, Mr. FOSSELLA, Mr. FRANKS of Ari- BALART of Florida, and Mr. BURR. H.R. 2511: Mr. MEEKS of New York. zona, Mr. FRELINGHUYSEN, Mr. GALLEGLY, H.R. 1214: Mrs. BLACKBURN and Mr. ABER- H.R. 2579: Mr. FOLEY. Mr. GARRETT of New Jersey, Mr. GIBBONS, CROMBIE. H.R. 2635: Mr. BROWN of South Carolina. Mr. GINGREY, Mr. GOODLATTE, Mr. GOSS, Ms. H.R. 1220: Mr. REYES and Mr. HERGER. H.R. 2665: Ms. BALDWIN and Mr. MCCOTTER. GRANGER, Mr. GRAVES, Mr. GREEN of Wis- H.R. 1258: Mr. RANGEL. H.R. 2702: Ms. SLAUGHTER. consin, Mr. HAYES, Mr. HAYWORTH, Mr. H.R. 1264: Mrs. TAUSCHER. H.R. 2704: Mr. WEINER. HEFLEY, Mr. HENSARLING, Mr. HULSHOF, Mr. H.R. 1322: Mr. PASTOR and Ms. HOOLEY of H.R. 2719: Mr. GERLACH. HUNTER, Mr. HYDE, Mr. ISAKSON, Mr. Oregon. H.R. 2720: Mr. PORTMAN. JANKLOW, Mr. JENKINS, Mr. KELLER, Mrs.

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KELLY, Mr. KENNEDY of Minnesota, Mr. KING California, Mr. GUTIERREZ, Ms. SCHAKOWSKY, H.R. 3615: Mrs. TAUSCHER, Mr. ISRAEL, and of New York, Mr. KLINE, Mr. KNOLLENBERG, and Mr. CLAY. Mr. MEEHAN. Mr. KOLBE, Mr. LATOURETTE, Mr. LEWIS of H.R. 3420: Mr. ROTHMAN, Mr. MORAN of Vir- H.R. 3619: Mr. BERMAN, Ms. NORTON, Mr. California, Mr. LOBIONDO, Mr. MCCRERY, Mr. ginia, Mr. LANGEVIN, Mr. MICHAUD, Ms. VISCLOSKY, Mr. FARR, Mr. DAVIS of Ten- MCKEON, Mr. MILLER of Florida, Mrs. DELAURO, Mr. TOWNS, Mr. BISHOP of New nessee, Mr. WYNN, Mrs. DAVIS of California, MUSGRAVE, Mrs. MYRICK, Mr. NETHERCUTT, York, Mr. FRANK of Massachusetts, Ms. Mr. ROTHMAN, Mr. GREEN of Texas, Ms. Mr. NEUGEBAUER, Mr. NORWOOD, Mr. NUNES, LINDA T. SANCHEZ of California, Ms. HOOLEY of Oregon, Mr. KENNEDY of Rhode Is- Mr. OSBORNE, Mr. PETRI, Mr. PICKERING, Mr. LOFGREN, Mr. BAIRD, and Mr. PRICE of North land, Ms. BALDWIN, Ms. DEGETTE, Mr. DICKS, POMBO, Mr. PORTER, Mr. PUTNAM, Mr. QUINN, Carolina. Ms. WATERS, Mr. SCHIFF, Mr. OLVER, Mr. Mr. RAMSTAD, Mr. REHBERG, Mr. RENZI, Mr. H.R. 3422: Mr. CROWLEY. MARKEY, Mr. KLECZKA, Mr. ACKERMAN, Mr. ROGERS of Alabama, Mr. ROGERS of Michi- H.R. 3424: Mr. MENENDEZ and Mr. CLAY. CLAY, Mr. BLUMENAUER, Mrs. CAPPS, Mr. gan, Ms. ROS-LEHTINEN, Mr. RYAN of Wis- H.R. 3425: Mr. KUCINICH, Mr. MCNULTY, Mr. ACEVEDO-VILA´ , Mr. COSTELLO, Mr. OBERSTAR, consin, Mr. RYUN of Kansas, Mr. SCHROCK, MENENDEZ, Ms. LINDA T. SANCHEZ of Cali- Mr. MEEK of Florida, Mrs. NAPOLITANO, Mr. Mr. SHADEGG, Mr. SHAW, Mr. SHERWOOD, Mr. fornia, and Mr. CLAY. LEWIS of Georgia, Mr. SMITH of Washington, SHUSTER, Mr. SIMMONS, Mr. SMITH of New H.R. 3426: Ms. WATERS. Mr. ISRAEL, and Mr. BELL. Jersey, Mr. SMITH of Texas, Mr. SOUDER, Mr. H.R. 3437: Mr. WYNN. H.R. 3626: Mr. TURNER of Texas and Mr. STEARNS, Mr. TANCREDO, Mr. THORNBERRY, H.R. 3438: Ms. SCHAKOWSKY, Mr. CAPUANO, FROST. Mr. TOOMEY, Mr. VITTER, Mr. WALDEN of Or- Ms. WOOLSEY, and Mr. SMITH of New Jersey. H.R. 3629: Ms. LEE and Ms. MCCOLLUM. egon, Mr. WELDON of Florida, Mr. WICKER, H.R. 3444: Mr. HASTINGS of Florida. H.R. 3633: Mr. YOUNG of Florida, Mr. ROG- Mr. WILSON of South Carolina, Mr. MCGOV- H.R. 3446: Mr. MORAN of Virginia, Ms. ERS of Michigan, Mr. YOUNG of Alaska, and ERN, Mr. CANNON, and Mr. SENSENBRENNER. BALDWIN, Mr. GEORGE MILLER of California, Ms. HART. H.R. 3220: Mr. SMITH of Washington and Mr. Mrs. TAUSCHER, Mrs. DAVIS of California, Mr. H.R. 3642: Mr. PAYNE, Mr. JACKSON of Illi- DOOLEY of California. VAN HOLLEN, Mr. TOWNS, Mr. SERRANO, Mr. nois, Mr. KUCINICH, Mr. GRIJALVA, Mr. RUSH, H.R. 3225: Mr. KENNEDY of Minnesota. MARKEY, Mr. MCGOVERN, Mr. KILDEE, Mr. Ms. JACKSON-LEE of Texas, and Ms. CARSON H.R. 3226: Mr. BONILLA. ANDREWS, Mr. DEFAZIO, Mrs. CAPPS, Mr. of Indiana. H.R. 3228: Mr. JACKSON of Illinois. BLUMENAUER, Mr. GONZALEZ, Mr. LEACH, and H.J. Res. 38: Mr. HOEFFEL. H.R. 3237: Mr. VAN HOLLEN and Mr. SMITH Ms. SCHAKOWSKY. H.J. Res. 45: Mr. GUTIERREZ and Mr. of New Jersey. H.R. 3451: Mr. HASTINGS of Florida. SCHIFF. H.R. 3243: Mr. PLATTS. H.R. 3453: Mr. ROGERS of Michigan, Mr. H.J. Res. 71: Mr. PITTS. H.R. 3244: Mr. VAN HOLLEN, Mr. JACKSON of GOODLATTE, Mr. EHLERS, Mr. SIMPSON, Mr. H. Con. Res. 3: Ms. CARSON of Indiana, Mr. Illinois, Ms. LOFGREN, Ms. LEE, Mr. DOYLE, TIBERIa, Mr. BAKER, and Mr. COLLINS. PAYNE, Mr. GEORGE MILLER of California, Mr. WEINER, and Mr. STUPAK. H.R. 3458: Mr. FORD, Mr. GORDON, Mr. WIL- Mr. MCGOVERN, Mr. STARK, Mr. WEINER, Mr. H.R. 3246: Mr. HAYWORTH. SON of South Carolina, Mr. SPRATT, and Ms. FATTAH, Mr. MCINTYRE, Mrs. CHRISTENSEN, H.R. 3250: Ms. BALDWIN. MILLENDER-MCDONALD. Mr. DAVIS of Illinois, Mr. REYES, Mr. H.R. 3251: Mr. VAN HOLLEN. H.R. 3459: Mr. MCINTYRE, Mr. KENNEDY of DOGGETT, Mr. LANTOS, Mr. LEWIS of Georgia, H.R. 3259: Mr. HINOJOSA, Mr. BILIRAKIS and Rhode Island, Mr. BAIRD, and Mr. LANGEVIN. and Mr. SCOTT of Virginia. Mr. PAYNE. H.R. 3473; Mrs. DAVIS of California, Mr. H. Con. Res. 15: Mr. UPTON. H.R. 3270: Mr. MANZULLO, Mr. BURR, and FOLEY, Mr. BROWN of South Carolina, Mr. H. Con. Res. 30: Mr. SHAW. Mrs. CAPITO. MCGOVERN, and Ms. LEE. H. Con. Res. 37: Ms. CARSON of Indiana. H.R. 3277: Mr. HASTERT, Mr. GOSS, Mrs. H.R. 3474: Mr. WYNN, Ms. NORTON, Mr. BOS- H. Con. Res. 47: Mr. FRANK of Massachu- MUSGRAVE, Mr. GOODE, Mr. HEFLEY, Mr. ROG- WELL, Mr. HOEFFEL, Mr. MCDERMOTT, Mr. setts and Mr. WEINER. ERS of Alabama, Mr. VITTER, Mr. LEWIS of Engle, Mr. TURNER of Texas, Mr. MEEHAN, H. Con. Res. 87: Ms. LEE. Georgia, Mr. TOM DAVIS of Virginia, Mr. H. Con. Res. 98: Mr. LINCOLN DIAZ-BALART Mr. CASE, Mr. COOPER, Mr. HOLT, Mr. FRANK CAMP, Mr. CALVERT, Ms. MCCOLLUM, Mr. AL- of Florida. of Massachusetts, Mr. MARSHALL, Mr. BERRY, EXANDER, MR. GORDON, Mr. SPRATT, Mr. H. Con. Res. 126: Mr. WELDON of Florida. Mr. TAYLOR of Mississippi, Mr. TERRY, Mr. ADERHOLT, Mr. OSE, Mr. MCINNIS, Mr. BURNS, H. Con. Res. 197: Mrs. NORTHUP and Mr. INSLEE, Mr. DOGGETT, Mr. RAHALL, Mr. Mr. COBLE, Mr. CRENSHAW, Mr. REGULA, Mr. MORAN of Virginia. HONDA, Mr. BRADLEY of New Hampshire, Mr. SMITH of Michigan, Mr. PUTNAM, Mr. SUL- H. Con. Res. 218: Mr. MEEK of Florida and BELL, and Mr. BURNS. Mr. MICA. LIVAN, Mr. TAUZIN, Mr. WALDEN of Oregon, H.R. 3480: Mr. FROST and Mr. SCHIFF. H. Con. Res. 223: Mr. CUMMINGS. Ms. DELAURO, Mr. PRICE of North Carolina, H.R. 3484: Mr. LANTOS. H. Con. Res. 247: Mr. HONDA. and Mr. BURGESS. H.R. 3494: Mr. KENNEDY of Minnesota. H. Con. Res. 252: Mr. CUMMINGS, Mr. GIB- H.R. 3286: Mr. EHLERS, Mr. MCGOVERN, and H.R. 3500: Mr. COBLE and Mr. PRICE of BONS, Mr. GREEN of Texas, Mr. ETHERIDGE, Ms. KAPTUR. North Carolina. Mrs. DAVIS of California, Ms. CORRINE BROWN H.R. 3293: Ms. CORRINE BROWN of Florida, H.R. 3503: Mr. FROST. of Florida, Ms. LINDA T. SANCHEZ of Cali- Mr. BISHOP of Georgia, Mr. SNYDER, Mr. H.R. 3504: Mr. GRIJALVA and Mr. KILDEE. fornia, Mrs. CAPPS, Mr. STENHOLM, Mr. NEY, DOYLE, Mr. FROST, Mr. ABERCROMBIE, Ms. H.R. 3507: Mr. BECERRA. Mr. BACHUS, Mrs. NAPOLITANO, Mr. MENEN- BERKLEY, Mr. GUTIERREZ, Mr. KENNEDY of H.R. 3519: Ms. BALDWIN and Mr. HOEFFEL. DEZ, Mr. UDALL of Colorado, Mr. HASTINGS of Rhode Island, and Ms. ROS-LEHTINEN. H.R. 3522: Mr. SMITH of Texas. Florida, and Mr. MILLER of Florida. H.R. 3294: Mr. OSE and Mr. SCHIFF. H.R. 3528: Mr. DELAHUNT, Mr. GREEN of H.R. 3299: Mr. EMANUEL, Mr. KILDEE, Mr. H. Con. Res. 269: Mr. GEORGE MILLER of Texas, Mr. FROST, Mr. MCINTYRE, Mr. BROWN UDALL of New Mexico, Mr. GEORGE MILLER of California. of Ohio, Mr. CARDOZA, Mr. VAN HOLLEN, Mr. California, and Mr. OBERSTAR. H. Con. Res. 275: Mr. FATTAH. INSLEE, Mrs. JONES of Ohio, and Mr. H.R. 3308: Mr. SENSENBRENNER, Mr. GREEN H. Con. Res. 276: Ms. WATERS, Mr. LEWIS of BLUMENAUER. of Wisconsin, and Mr. TERRY. Georgia, Mr. OLVER, and Mr. DELAHUNT. H.R. 3530: Mr. VAN HOLLEN and Mr. WAX- H.R. 3323: Mr. SHERMAN. H. Con. Res. 297: Mr. CUMMINGS. MAN. H.R. 3325: Mr. GRIJALVA, Ms. MILLENDER- H. Con. Res. 298: Mr. LAHOOD, Mr. BISHOP H.R. 3539: Mr. RODRIGUEZ, Mr. GRIJALVA, MCDONALD, and Ms. LOFGREN. of Utah, Mr. BASS, Mr. PLATTS, Mr. KLINE, Mr. ACEVEDO-VILLA, Mr. CARDOZA, Mr. H.R. 3329: Ms. SCHAKOWSKY. Mr. TAYLOR of Mississippi, Mr. HOEKSTRA, BAIRD, Mr. MCDERMOTT, Ms. MILLENDER- H.R. 3337: Ms. LEE and Mr. INSLEE. Mr. RAMSTAD, Mr. CALVERT, Mr. SIMPSON, H.R. 3344: Ms. MCCARTHY of Missouri. MCDONALD, Mr. FROST, and Mr. MCGOVERN. and Mr. GILLMOR. H.R. 3350: Mr. HINOJOSA, Ms. SLAUGHTER, H.R. 3543: Mr. MCGOVERN and Mr. BASS. H. Con. Res. 304: Mrs. LOWEY, Mr. STARK, Ms. WATERS, and Mr. KENNEDY of Rhode Is- H.R. 3550: Mr. FROST, Mr. LANTOS, Mr. AN- Ms. KAPTUR, Ms. JACKSON-LEE of Texas, Mrs. land. DREWS, Mr. TERRY, Ms. LEE, Mr. DAVIS of Il- MYRICK, and Ms. LORETTA SANCHEZ of Cali- H.R. 3352: Mr. BLUMENAUER and Mr. DIN- linois, Mr. GORDON, Ms. HOOLEY of Oregon, fornia. GELL. and Mr. CROWLEY. H. Con. Res. 309: Mr. MICHAUD. H.R. 3355: Ms. SLAUGHTER, Mr. FRANK of H.R. 3558: Mr. GREENWOOD, Mr. SHADEGG, H. Con. Res. 312: Mr. FATTAH. Massachusetts, Ms. WATERS, and Ms. Ms. ESHOO, Mr. AKIN, Mr. SMITH of Michigan, H. Con. Res. 324: Ms. DUNN, Mr. PITTS, Mr. LOFGREN. Mr. BARTLETT of Maryland, Mr. GUTKNECHT, JOHN, Mr. GARRETT of New Jersey, and Mr. H.R. 3357: Mr. PETERSON of Pennsylvania. Mr. HERGER, and Mr. KENNEDY of Minnesota. FROST. H.R. 3361: Mr. KUCINICH, Mr. PASTOR, Ms. H.R. 3568: Ms. HOOLEY of Oregon. H. Con. Res. 326: Mr. SCHIFF. JACKSON-LEE of Texas, Mr. BACA, and Mr. H.R. 3579: Mr. SHERMAN and Mr. BACA. H. Con. 327: Mr. SERRANO. GEORGE MILLER of California. H.R. 3582: Mr. GUTIERREZ. H. Con. Res. 331: Mr. TERRY, Mr. PITTS, and H.R. 3362: Mrs. MCCARTHY of New York. H.R. 3853: Mr. TOM DAVIS of Virginia. Mr. AKIN. H.R. 3370: Ms. LEE. H.R. 3586: Mr. GOODLATTE. H. Con. Res. 332: Mrs. LOWEY and Mr. H.R. 3398: Ms. LEE and Ms. EDDIE BERNICE H.R. 3587: Mr. MCDERMOTT. FEENEY. JOHNSON of Texas. H.R. 3591: Mr. ROSS. H. Con. Res. 335: Mr. HOLDEN, Mr. STUPAK, H.R. 3403: Mr. NUNES and Mr. BOYD. H.R. 3604: Mrs. MUSGRAVE. Ms. HOOLEY of Oregon, Mr. BISHOP of Geor- H.R. 3416: Mr. STARK, Mr. WAXMAN, Ms. H.R. 3607: Ms. BERKLEY. gia, Ms. SCHAKOWSKY, Mr. LANGEVIN, Mr. HOOLEY of Oregon, Ms. LINDA T. SANCHEZ of H.R. 3608: Ms. BERKLEY. WEINER, Ms. BERKLEY, and Mr. HOLT.

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H. Con. Res. 338: Mr. FERGUSON, Mr. EDDIE BERNICE JOHNSON of Texas, Mr. NEAL H. Res. 462: Mr. UDALL of Colorado and Ms. MCDERMOTT, Mr. MATSUI, Mr. MORAN of Vir- of Massachusetts, Mr. UDALL of Colorado, ESHOO. ginia, Ms. LEE, Mr. HOYER, Ms. MILLENDER- Mrs. LOWEY, Ms. BALDWIN, and Mr. TAYLOR of H. Res. 466: Mr. SHAYS, Mr. GUTIERREZ, and MCDONALD, and Mr. PAYNE. Mississippi. Mr. SABO. H. Con. Res. 343: Mr. DAVIS of Tennessee, H. Con. Res. 344: Ms. CARSON of Indiana and H. Res. 471: Ms. CARSON of Indiana, Mr. Ms. NORTON, Mr. DINGELL, Ms. SCHAKOWSKY, Mr. PAUL. TOWNS, Mr. MEEKS of New York, Mr. Meek of Mr. NADLER, Mr. BELL, Mr. GEORGE MILLER H. Res. 38: Mr. VAN HOLLEN, Mr. DAVIS of Florida, Mrs. JONES of Ohio, Mr. OWENS, Mr. of California, Mr. ALLEN, Ms. HOOLEY of Or- Illinois, and Ms. MAJETTE. HASTINGS of Florida, Ms. MILLENDER-MCDON- egon, Mr. JEFFERSON, Mr. TURNER of Texas, H. Res. 112: Ms. JACKSON-LEE of Texas, Ms. ALD, Mr. CONYERS, Ms. LEE, Ms. KILPATRICK, Mrs. CAPPS, Ms. ROYBAL-ALLARD, Mr. FARR, CARSON of Indiana, and Mr. FALEOMAVAEGA. Mr. RANGEL, and Ms. WATERS. Mr. LAMPSON, Mr. SNYDER, Mr. WEXLER, Ms. H. Res. 157: Mr. ACKERMAN and Mr. PLATTS. MCCOLLUM, Mr. SERRANO, Mr. CROWLEY, Ms. H. Res. 233: Mr. TOOMEY. f JACKSON-LEE of Texas, Mr. FROST, Mr. H. Res. 313: Mr. HASTINGS of Florida. DELAHUNT, Mr. FRANK of Massachusetts, Mr. H. Res. 320: Mr. LANGEVIN, Mr. RADANO- PETITIONS, ETC. OLVER, Mr. TIERNEY, Mr. SCOTT of Virginia, VICH, and Ms. BERKLEY. Mr. FILNER, Mr. OWENS, Mr. SHERMAN, Mr. H. Res. 386: Mrs. CHRISTENSEN. Under clause 3 of rule XII, MORAN of Virginia, Ms. WATERS, Mr. POM- H. Res. 387: Mr. DELAHUNT and Mr. VAN 50. The SPEAKER presented a petition of EROY, Mr. CLAY, Mr. BROWN of Ohio, Mr. RAN- HOLLEN. H.R.M. Caesar Saint Augustine de GEL, Ms. ESHOO, Ms. LOFGREN, Mr. KAN- H. Res. 410: Mr. DELAHUNT and Mr. SAND- Buonaparte, Emperor of the United States of JORSKI, Mr. PASTOR, Mr. GONZALEZ, Mr. MOL- ERS. Turtle Island, North Pangea, Malibu, CA, LOHAN, Mr. HOLT, Mr. MENENDEZ, Mr. EMAN- H. Res. 419: Mr. SANDERS. relative to a petition for redress of griev- UEL, Mr. PRICE of North Carolina, Ms. H. Res. 426: Mr. ACKERMAN. ance; which was referred to the Committee MCCARTHY of Missouri, Ms. HARMAN, Ms. H. Res. 454: Mr. CASE. on the Judiciary.

VerDate jul 14 2003 04:54 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00177 Fmt 0636 Sfmt 0634 E:\CR\FM\A08DE7.131 H08PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2467 EXTENSIONS OF REMARKS

IN RECOGNITION OF CHARLOTTE years, Don recently announced his retirement As a member of the San Francisco Board of THOMPSON REID to serve as Vice President of the Dallas Na- Supervisors, he was the first openly gay elect- tional Bank for the Breckenridge Corner ed official in California, and only the second in HON. J. DENNIS HASTERT Branch. the nation. He was a neighborhood leader and a passionate advocate for seniors and all mi- OF ILLINOIS Since September 25, 2000, Don Wilson has provided energetic leadership in promoting the norities. IN THE HOUSE OF REPRESENTATIVES commercial, civic, cultural, educational, and in- Both men were exuberant, expansive, com- Monday, December 8, 2003 dustrial interests of the Northeast Dallas area. passionate, and enormously popular political Mr. HASTERT. Mr. Speaker, I rise to com- Don’s dedication to the prosperity and health leaders. They were visionaries. mend to the attention of our colleagues the re- of area businesses, neighborhoods, and resi- George Moscone and Harvey Milk instigated a historic transformation of San Francisco po- cent celebration of one of our former col- dents is well known and admired by his fellow litical life, pioneering an open, participatory league’s 90th birthday this past September 27. Chamber members. government, accessible to all, especially those Charlotte Thompson Reid, one of my prede- Under Don’s leadership, membership in the who never before had been included. For the cessors who served in the House from Janu- Dallas North East Chamber of Commerce in- creased by 38 percent while membership re- first time neighborhood and ethnic community ary 1963–October 1971, has been known as activists, and openly gay men and lesbians tention rose to 62 percent, well above the na- the ‘‘Grand Lady of Aurora, Illinois,’’ the larg- were appointed to positions of power and au- tional average. est city in my congressional district. Charlotte thority. The number of women in leadership As an active President, Don Wilson oversaw Reid has always been an inspiration to those positions expanded dramatically. No longer many new successful activities including the of us who have known her. Her sparkling per- were public policy decisions the exclusive sonality and just plain Midwest-friendliness is Power-In-An-Hour monthly networking meet- province of the wealthy and powerful. renown throughout all of Chicagoland. Her ing, a new high-tech interactive Web site, the George and Harvey transformed the political conscientious service in Congress overlapped Women’s Network, the Focus on Health Com- and social culture of San Francisco for all with the beginning of my teaching career in mittee and the Healthier Northeast Dallas Ini- time. They were beacons of hope to people Yorkville, Illinois and her outstanding record tiative, a program modeled after President who had felt alienated from and neglected by helped inspire me to seek public office in the Bush’s Healthier U.S. Initiative. City Hall. They incubated a new generation of late 1970’s. In fact, her daughter, Patricia, is Don Wilson’s leadership and dedication will talented public servants, who have gone on to currently a State Representative in the Illinois be greatly missed by the community and busi- secure San Francisco’s position today as a General Assembly. nesses he served. I thank him for his out- national model of enlightenment and progres- While in Congress, Charlotte served on the standing service and wish him the very best in sive values. Appropriations, Interior and Insular Affairs, his future endeavors. The twenty-fifth anniversary of the tragic Public Works, and Ethics Committees. In f events of November 27, 1978 gives San Fran- 1971, she was appointed to be a Commis- ciscans an opportunity to reflect on the unique sioner on the FCC where she served with dis- IN RECOGNITION OF THE 25TH AN- contributions George Moscone and Harvey tinction until retiring in 1976. She was a mem- NIVERSARY OF THE ASSASSINA- Milk made to bettering the lives of us all. ber of the President’s Task Force on Inter- TIONS OF MAYOR GEORGE These extraordinary men continue to inspire national Private Enterprise from 1983 to 1985, MOSCONE AND SUPERVISOR us as we strive for a society that provides un- and has been a member of the Hoover Institu- HARVEY MILK limited and equal opportunities for all our di- tion’s Board of Overseers since 1984. She is verse citizens. a resident today of Aurora. HON. NANCY PELOSI We never will forget George Moscone and One last anecdote. Not only was Charlotte OF CALIFORNIA Harvey Milk. We are grateful for their lives, Reid herself elected to Congress five times IN THE HOUSE OF REPRESENTATIVES and we honor their immeasurable contribu- tions to our city, our state and our nation. with overwhelming margins, but her enthusi- Monday, December 8, 2003 astic support and endorsement helped to elect f Ms. PELOSI. Mr. Speaker, I rise to pay trib- two future Congressmen—another of my pred- IN HONOR OF WILLIAM ECKMAN, ecessors Tom Corcoran in 1976 and her work ute to the memory of two of San Francisco’s great and most beloved heroes. CHARLES COUNTY CITIZEN OF on my behalf helped elect me ten years later THE YEAR 2003 in 1986, during my first and toughest cam- A quarter century ago, on November 27, paign for Congress. 1978, two of San Francisco’s best and bright- Mr. Speaker, we are all indebted to Char- est were assassinated in a dark week for our HON. STENY H. HOYER lotte Reid for her energy, her gentle manner city. OF MARYLAND and her zest for life. On behalf of us all, I wish Still reeling from the Jonestown Massacre IN THE HOUSE OF REPRESENTATIVES her a belated, but happy 90th birthday and only days before—the worst mass murder-sui- Monday, December 8, 2003 many more to come. cide in American history and the murder of Mr. HOYER. Mr. Speaker, I rise today to f Bay Area Congressman Leo Ryan—San Fran- share with you remarks made at the 6th An- cisco was dealt a catastrophic blow. nual Charles County Economic Development RECOGNIZING DON WILSON FOR Politically and personally it was a horrific Summit by William Burke on the occasion of OUTSTANDING SERVICE TO THE tragedy. San Francisco lost two great progres- presenting the ‘‘John Bloom Citizen of the COMMUNITY sive leaders, two champions of human rights. Year Award’’ to Mayor William Eckman. Mayor George Moscone, our beloved Mayor, was a Eckman is a true American patriot whose HON. JEB HENSARLING hero of the poor and the working class. A na- compassion, caring and concern for the resi- OF TEXAS tive San Franciscan, civil rights leader, State dents of LaPlata shined forward during the dif- IN THE HOUSE OF REPRESENTATIVES Assemblyman, State Senator, and Mayor, he ficult tornado disaster of April 2002. All of us devoted his life to serve his City of San Fran- in the Charles County community share Mr. Monday, December 8, 2003 cisco, and his State of California. The devoted Burke’s enthusiasm in recognizing Mayor Mr. HENSARLING. Mr. Speaker, today, I husband of Gina Moscone and father of four Eckman. would like to recognize Mr. Don Wilson for his beautiful children, Jennifer, Rebecca, Jona- To follow are the remarks presented by Wil- outstanding service to the community and than and Christopher, he was taken from us in liam Burke, Board Member, Charles County businesses in North East Dallas. After faith- the prime of his life. Economic Development Commission, Presi- fully serving as President of Dallas North East Harvey Milk, originally from New York, was dent, Southern Maryland Title on October 28, Chamber of Commerce for the last three a local merchant, the owner of a camera shop. 2003.

∑ 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 06:28 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.001 E08PT1 E2468 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 ‘‘I would like to start by stating that this that faced ruin, despair and fear. He was deal- worked together to insert language into the award is not given out each year. Only when ing with a complete lack of services, the water FY’ 04 Omnibus appropriations to stop this fa- a citizen exemplifies the highest degree of de- tower was down, electricity was gone, tele- cility. I want to thank Senator MIKULSKI and votion to the well being of our community, do phone communication was hampered, heli- Democratic Whip STENY HOYER for all their ef- we bring out this award. However, this year it copters were med-evac-ing the injured, and forts. We knew the actions of OFDT would do is certainly necessary to acknowledge the de- the press was descending. He will tell you that more harm to our community and we fought to votion of Bill Eckman, the mayor of La Plata, there were many people who made the mirac- stop it. with this award. ulous recovery possible, but there always has This legislation takes an additional strength- Bill Eckman first came to Maryland when to be a leader that makes everything seem ening step to ensure that this facility and no AT&T transferred him here from Pennsylvania. possible. new detention center or prison is built in my He had been the Fire Chief in his Pennsyl- Here is a quote from the newspaper. ‘‘Every district. This legislation prohibits the OFDT vania town. He joined the La Plata Volunteer morning since the tornado hit early one Sun- from building or proposing any sites and it pro- Fire Department, where he served for 12 day evening, La Plata Mayor Bill Eckman has hibits the Attorney General from building a de- years. He has been a consistent and steady taken a walk around town to talk with demoli- tention center or prison in Dundalk. supporter, participant, teacher, writer and tion crews and neighbors.’’ In the past few months this area has experi- speaker for fire and rescue issues. He has Regardless of how many people contributed enced major problems. They saw thousands traveled to many cities addressing fire and there is a very interesting reason why recov- of Marylanders lose their jobs with the restruc- rescue infrastructure. He has started 9 spe- ery did not have to start from square one. Bill turing at ISG. They saw severe damage from cialized fire fighting training programs. After he had already realized that La Plata was in tran- Hurricane Isabel. This prison would be one retired from AT&T, he wrote a book about fire sition and had previously put together a new more concern for the community. It is impor- protection and water supply. town visioning process many months before tant to allow this area to revitalize and to Bill and his wife Delores lead a bible study the tornado. grow. I remain committed to fighting for Dun- program focused on community. The program The blue print for recovery was there be- dalk and for my fellow Marylanders. teaches others to build relationships and care cause Bill is an optimist, a visionary and a f for one another. Bill practices this philosophy leader. TRIBUTE TO MAYOR TAUER AND in his activities with the Charlotte Hall Vet- It is for those qualities that we honor Bill THE RETIRING AURORA CITY erans Home where he regularly brings serv- Eckman as the 2003 Citizen of the Year. COUNCIL MEMBERS ices and music with other lay preachers to the Mr. Speaker, please join with me and the residents. This also gives him the opportunity Charles County community in recognizing the HON. BOB BEAUPREZ to display another talent. Bill plays his trumpet numerous contributions Mayor Eckman has OF COLORADO with an informal group at the Veterans home. made to our County, our State and our Nation. IN THE HOUSE OF REPRESENTATIVES Bill has been married for 52 years, has f three children and three grandchildren. Monday, December 8, 2003 Bill Eckman was a La Plata Town council- INTRODUCTION OF FEDERAL Mr. BEAUPREZ. Mr. Speaker, the political man for at least 10 years and has been mayor DETENTION CENTER LEGISLATION landscape of Colorado’s third largest city for 20 years. changed considerably after the City of Auro- In that time, La Plata has changed. The HON. C.A. DUTCH RUPPERSBERGER ra’s November 4 municipal elections. Due population has grown from under 2,000 to OF MARYLAND largely to term limits, the largest turnover of nearly 8,000. The Town Hall has had 4 homes IN THE HOUSE OF REPRESENTATIVES elected officials in city history has occurred. and is getting ready to find a new location. Monday, December 8, 2003 The people who left public service were com- The town staff has grown from 15 to 50. mitted public servants who have left indelible He has devoted much of his adult life to mu- Mr. RUPPERSBERGER. Mr. Speaker, I marks on Aurora and positioned the City and nicipal government. He has been the president have introduced this legislation today to stop its citizens for great success and achievement of the Maryland Municipal League and is pres- the Federal Detention facility from being built in the 21st century. ently a well-respected member of the in Dundalk, Maryland. Collectively, Mayor Paul Tauer and Council League’s Legislative Committee. Often, he is This past month the Office of Federal De- members Barbara Cleland, Bob LeGare, Edna asked to speak before the State Legislature. tention Trustees (OFDT) in the Department of Mosley, John Paroske and Dave Williams pro- It is safe to say that during this time Bill has Justice solicited proposals for a new detention vided their constituents with 85 years of serv- made friends and earned the respect of elect- facility for the Baltimore-Washington region. ice as elected officials at the City. They have ed officials on both sides of the aisle. One of the proposed sites was in Dundalk, provided visionary leadership and both their Bill has always wanted La Plata to be a Maryland. I was concerned that this office took knowledge of and commitment to issues of im- happy place to live; a town that enjoys the action without consulting the community. portance to the people of Aurora will be hard fruits of good growth without losing the bene- OFDT solicited proposals without bringing the to replace. fits of a small town. He has always wanted to communities into the process. OFDT took ac- Paul Tauer was the Mayor of Aurora from plan, and whenever possible, to stay ahead of tion without the input of Federal, State, and 1987 until 2003. He was a City Councilman for infrastructure needs. He has been known to local officials. This is wrong. eight years before that. He has been a vision- get excited about the very unsexy jobs that The Dundalk community is undergoing revi- ary leader whose legacy will be felt for dec- come with being mayor—like putting in a new talization efforts, and even proposing such a ades to come. He has been at the forefront of 15–inch sewer pipe. facility might have cooled businesses and new development in the City, including Original and Doug Miller, La Plata town manager, re- residential interest in this community. As the Southeast Aurora, Buckley Air Force Base, members when Bill first had the summer long former Baltimore County Executive, my admin- Gateway, E–470 corridor, City Center, Aurora concert ideas. Doug thought there might be a istration spent over $130 million to revitalize Municipal Center and the redevelopment of citizen turnout for 3–4 concerts, but thought the area. It is very important to me that we Fitzsimons. He was instrumental in estab- Bill’s vision was a bit ambitious. Well, for over help our older communities. It is important that lishing a growth management plan that sets 10 years, the La Plata Town Hall has hosted we allow these communities that have genera- goals for quality and smart growth and has Friday night summer concerts to a packed tions of families living there to revitalize and been a leader in water issues including lawn of families. attract new jobs and new businesses. drought management, the enhancement of Au- However, all the smart growth initiatives, Also, the eastern part of Baltimore County rora’s water supply including acquisition of concert series and sewer pipes were just sand was hit hard by Hurricane Isabel. It has new water resources, treatment and use of re- in the bucket compared to the leadership Bill caused extensive damage and many of the cycled water and more than doubling storage would exhibit after April 28, 2002. Every residents and businesses are still struggling to and distribution systems. He has also over- Mayor and Town Manager sweats weather get on their feet. Hurricane Isabel damage es- seen the enhancement of the City’s transpor- conditions that have the potential of causing timates for Maryland alone are valued at six tation systems. He has been Aurora’s greatest harm to their town and heaves a sigh of relief million dollars. We must continue to work to cheerleader and defender and under his lead- when storms pass on by, but this time they help this area. ership, Aurora has grown from a sleepy sub- were not so fortunate. This time Bill had to go The Maryland Congressional delegation has urb to a vibrant city. into high gear and get the job done. He had worked tirelessly to stop the detention center, Barb Cleland served as an Aurora City to stand strong for residents and businesses and I remain committed to its defeat. We Councilwoman for 20 years. She distinguished

VerDate jul 14 2003 06:28 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.005 E08PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2469 herself as an expert on public safety issues big shoes for their successors to fill. We are IN CELEBRATION OF THE RE- and was instrumental in decisions to make Au- honored to have served with them and offer OPENING OF THE SAN FRAN- rora a leader in ensuring its citizens had nec- our best wishes for future success. CISCO CONSERVATORY OF FLOW- essary protections with programs including the ERS Victim Advocate program and service on the f Officer Standard and Training Board, the Au- HON. NANCY PELOSI rora Gang Task Force and the National RECOGNIZING DREW QUINTON OF CALIFORNIA League of Cities Public Safety and Crime Pre- THOMPSON FOR ACHIEVING THE IN THE HOUSE OF REPRESENTATIVES vention Steering Committee. She was active in RANK OF EAGLE SCOUT Monday, December 8, 2003 municipal organizations and has been a re- spected leader in the National League of Cit- Ms. PELOSI. Mr. Speaker, I was very ies, the Denver Regional Council of Govern- HON. SAM GRAVES pleased to be present at the grand re-opening ments and the Colorado Municipal League, of the San Francisco Conservatory of Flowers. OF MISSOURI where she remains a member of the Board of The Conservatory is considered by many to Directors. IN THE HOUSE OF REPRESENTATIVES be the jewel of Golden Gate Park and the City Bob LeGare was an Aurora City Councilman of San Francisco. It is a monument to bio- for eight years. Devoted to the importance of Monday, December 8, 2003 diversity, renewal, and beauty. Congratulations to all those who joined small business, he worked to make Aurora a Mr. GRAVES. Mr. Speaker, I proudly pause forces in the fight to restore our Conservatory: partner with businesses to provide jobs and to recognize Drew Quinton Thompson, a very John Murray, President of San Francisco services. He provided leadership on a variety special young man who has exemplified the Recreation & Parks Commission; Scott of economic development initiatives including finest qualities of citizenship and leadership by Medbury, Director of the Conservatory; Re- the Fitzsimons Redevelopment Authority, Col- taking an active part in the Boy Scouts of becca Green, President of Friends of Recre- orado Commission on Taxation, Aurora Citi- America, Troop 60, and in earning the most ation & Parks; and Elizabeth Goldstein, Gen- zens Advisory Budget Committee, Colorado prestigious award of Eagle Scout. Office of Regulatory Reform Advisory Board, eral Manager of Recreation & Parks. Thank Aurora Chamber of Commerce, Aurora Asso- Drew has been very active with his troop, you for your vision and your leadership. The ciation of Realtors and the Aurora Realtor participating in many Scout activities. Over the people of San Francisco, future generations of Governmental Affairs Committee and further eight years Drew has been involved with San Franciscans and visitors alike, owe you a contributed to the community through Leader- Scouting, he has earned 62 merit badges and great debt of gratitude. ship Aurora, Aurora Museum Foundation, Au- has held numerous leadership positions, serv- I would like to take this opportunity to com- rora Open Space Board and the Aurora Boys ing as Senior Patrol Leader, Assistant Senior mend Richard Goldman, one of San Fran- and Girls Club. Patrol Leader, Patrol Leader, Quartermaster, cisco’s most generous citizens. His support of Edna Mosley spent 12 years serving Aurora Troop Guide, and Librarian. Drew is a Warrior our City and our environment is immeas- as a City Councilwoman. She championed in the Tribe of Mic-O-Say and has received urable. His tremendous contribution to the issues of importance to veterans and military the Arrow of Light Award. Conservatory in honor of his late wife, Rhoda, retirees and worked to promote volunteerism, For his Eagle Scout project, Drew com- led the way. Many other extremely generous diversity and the enhancement of the cultural pleted a walking trail at Mark Youngdahl Con- families followed; the Madeleine Haas Russell arts in the community. She was instrumental servation Center in Saint Joseph, Missouri. family and the Fisher, Friend and Taube fami- in the formation of the Aurora Youth Commis- lies. These families have graciously supported sion and served with distinction on the Mr. Speaker, I proudly ask you to join me in so many of San Francisco’s treasures for dec- Fitzsimons Redevelopment Authority Execu- commending Drew Quinton Thompson for his ades. tive Committee, Aurora Economic Develop- accomplishments with the Boy Scouts of This grand undertaking could never have ment Council, Denver International Airport America and for his efforts put forth in achiev- been realized without the leadership of our Business Partnership, Lowry Economic Recov- ing the highest distinction of Eagle Scout. Mayor, Willie Brown. This is yet another ery Project, Adams County Economic Devel- project marked by excellence, effectiveness, opment Council, Community College of Aurora f and success. It is fitting that this extensive Advisory Council and Aurora Business Advi- project was completed under his watchful eye. sory Board. HONORING MRS. ZELMA WITT Mayor Brown raised the visibility of the project John Paroske completed ten years of public to a national level and used his unique abili- service as a City Councilman last month. An ties to develop private public partnerships. accountant, John offered his financial exper- HON. JEB HENSARLING An army of volunteers worked non-stop tise and worked hard to make sure Aurora tax- OF TEXAS since the devastating windstorm of 1995 to payers knew their resources were being used make this day happen. The 124 year old con- wisely. He devoted countless hours to make IN THE HOUSE OF REPRESENTATIVES servatory was thought to have sustained irrep- Aurora a better place through his work on the Monday, December 8, 2003 arable damage. Of the $25 million needed for Economic Development Committee, E–470 this massive rehabilitation, $15 million came Authority, Aurora Chamber of Commerce, Util- Mr. HENSARLING. Mr. Speaker, I had the from individual donations. The prospect of the ity Budget Committee, Visitors Promotion privilege of being one of fourteen students in Conservatory’s imminent destruction was un- Fund, Aurora Education Foundation, Spirit of Mrs. Zelma Witt’s first kindergarten class in thinkable to the people of San Francisco. They Aurora, Community Housing Services and Au- Omaha, Texas. Today, I honor Mrs. Zelma had the wisdom to know that its beauty could rora Rotary Club. Witt for her love of learning and thank her for never be rivaled or replicated. They were stub- Dave Williams served 11 years during two the wonderful gifts she bestowed on all of the born and unrelenting in their demand that we different stints as a member of the Aurora City students who were blessed to be in her class- preserve this architectural masterpiece. Be- Council. He worked to improve the efficiency room. cause of their labor of love, we once again of the City by encouraging better review proc- can view the exquisite beauty outside and ex- Mrs. Witt left an indelible mark on the lives esses and more efficient administration. He perience the lush splendor within. Their talent, of countless students during their earliest and represented the views of his constituents by commitment and dedication to this magnificent most formative years of schooling. Mrs. Witt promoting business and development in an ef- project honors our patron saint, St. Francis, taught her young pupils the most fundamental fort to improve the City’s quality of life. He has honors nature, and honors God’s creation. building blocks of education, setting her stu- been a leader in the business community as Today we can once more enjoy the stunning dents on a path toward higher education and illustrated by his experience on the Aurora high altitude orchids, the giant cycads, and the brighter futures. Economic Development Council, E–470 Au- rest of the 1,500 species of plants from over thority, Aurora Rotary Club and the Urban I feel honored to have been a part of Mrs. 50 countries. In addition to the tropical para- Drainage and Flood Control District. Witt’s first kindergarten class and part of the dise that we all remember, there are new dis- These outstanding public servants deserve commitment to learning that she ingrained in plays to inspire visitors to appreciate and con- our thanks and admiration. Their work on be- her young students. May God bless you, Mrs. serve our planet’s extraordinary biodiversity. half of the people of Aurora has improved Witt. Thank you for all the gifts you have given San Francisco is proud to be the home of quality of life in innumerable ways. They leave us. the oldest glass and wood conservatory in the

VerDate jul 14 2003 06:28 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.008 E08PT1 E2470 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 United States. It is a place of exquisite and in- TRIBUTE TO MICHAEL J. ignated as a Naval Honor School for the first toxicating beauty. It is a spiritual place. We WELLBROCK time in its history. This is the highest award at- are all very fortunate to be able to enjoy its tainable for a Marine Corps JROTC program magic again. HON. C.A. DUTCH RUPPERSBERGER and exemplifies leadership, integrity and ex- cellence. Naval Honor School status is re- OF MARYLAND served for the top 20 percent of the schools f IN THE HOUSE OF REPRESENTATIVES nationally and affords the Senior Marine In- CONGRATULATIONS TO THE LACK- Monday, December 8, 2003 structor the opportunity to nominate up to EY CHARGERS OF INDIAN HEAD, Mr. RUPPERSBERGER. Mr. Speaker, I rise three cadets to the United States Naval Acad- MARYLAND today to pay tribute to a great American jour- emy. nalist, Michael J. Wellbrock. Last year (2002–03) the cadets continued Michael J. Wellbrock has been a faithful em- their superior performance, repeating as a HON. STENY H. HOYER ployee of WBAL Radio in Baltimore for the Naval Honor School and attaining distinction OF MARYLAND past 21 years and just a few days ago he as the best inspected unit in the 8th Marine Corps District with a total score of 993 points IN THE HOUSE OF REPRESENTATIVES turned 40 years old. Michael J. Wellbrock has been instrumental out of a possible 1000, receiving ‘‘outstanding’’ Monday, December 8, 2003 in the long term success of WBAL Radio and marks in all twelve categories of the inspec- served the past two decades as a producer, tion. This accomplishment garnered the pro- gram the coveted ‘‘McLemore Detachment’’ Mr. HOYER. Mr. Speaker, I would like to executive producer, and general allaround go- Award for the Marine Corps League, take a moment to offer my congratulations to to guy and trouble shooter. McLemore Detachment in Houston, Texas. the Lackey High School Chargers football Michael J. Wellbrock was the technical wiz- team of Indian Head, Maryland, for reaching JROTC is a regularly scheduled class for ard whose expertise has enabled the station students, focusing on leadership, discipline, the State finals this past Thursday, December to pull-off many high-quality, award-winning 4, 2003. citizenship and physical fitness. Their weekly broadcasts, including the visit of Pope John events include drill marching, uniform inspec- The Lackey Chargers had a fairytale season Paul II, the All-Star game, the Orioles trip to tion, physical training and academic instruc- led by their head coach, Mr. Scott Chadwick, Cuba, the Preakness Stakes, and several na- tion. and many devoted assistant coaches. In reg- tional political conventions. J.D. Bristow, the senior Marine instructor at ular season matches, they were defeated only Michael J. Wellbrock was the genius behind ACHS, has done a fine job with this group of once, and this record allowed them to begin the re-design and re-building of studios at young men and women. These young leaders competing in championship games in early WBAL Radio and helping to bring the station are extremely active in the leadership of their November. into the 21st century. class. They not only have the potential to The path that would lead the Lackey Char- Michael J. Wellbrock has been the guiding make excellent officers in our military, but also gers to the State finals began on November 7, force in the career development of many have dedicated their time to many after-school 2003, when the Lackey Chargers defeated young, aspiring broadcasters. opportunities, such as community and school Westlake High School to become the South- Michael J. Wellbrock has been the creative service projects. ern Maryland Athletic Conference champions. force behind many successful programs on Mr. Speaker, I am proud to represent this Their momentum continued on November 15, WBAL Radio. terrific organization in Congress. I appreciate 2003, as they beat Northern High School, and Mr. Speaker, I ask my colleagues to join me their families for the support and encourage- they showed their strength once again on No- in thanking Michael J. Wellbrock for his serv- ment necessary for its success. The ACHS vember 22, 2003, when they narrowly over- ice and for his work on behalf of America’s JROTC program and its administrators have took Westlake High School to become the Re- citizens and our nation. made a sizable impact on the community. gional Champions. f They are to be commended. f On November 28, 2003, the Lackey Char- COMMENDING THE ADAMS COUNTY gers defeated Randallstown High School in HIGH SCHOOL MARINE CORPS HONORING THE MEMORY OF AS- the Maryland Triple A Semifinals, propelling JUNIOR RESERVE OFFICER’S SISTANT POLICE CHIEF TOM them to the State finals at Ravens Stadium in TRAINING CORPS UNDERHILL Baltimore, Maryland, where they faced Linganor High School. Despite a valiant effort, HON. BOB BEAUPREZ HON. JEB HENSARLING the Lackey Chargers fell short in the end in a OF TEXAS OF COLORADO heartbreaking loss. Even without carrying IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES home the title, Principal Jarvis Petty and the Monday, December 8, 2003 students, staff and parents at Lackey High Monday, December 8, 2003 School have shown their support for a football Mr. HENSARLING. Mr. Speaker, today, Mr. BEAUPREZ. Mr. Speaker, I rise today Texans mourn the loss of a fine law enforce- team that has made the entire Charles County to commend the Marine Corps Junior Reserve community proud of their incredible season. ment officer. Just 3 weeks after being diag- Officer’s Training Corps program at Adams nosed with leukemia, at 43 years of age, Ath- Mr. Speaker, please join me in recognizing City High School in Commerce City, Colorado. ens Assistant Police Chief Tom Underhill each of these outstanding athletes, #2 Cam- On Friday, December 12, they will present passed away at Baylor Hospital in Dallas from eron Neal; #3 Courteney Knight; #5 Devonte the colors for a field hearing I have requested complications related to his disease. Williams; #6 Avery Lancaster; #7 Aaron Smith; at the Colorado State Capitol. It is worth not- Underhill served Athens Police Department #8 Michael Young; #10 Damian Shorter; #11 ing the history of this group. for 21 years. He started as a patrolman in Jason Murray; #15 Jesse Hitch; #16 Mark The only Marine Corps JROTC program in May 1982. He was promoted to sergeant in Herbert; #20 Morgan Green; #23 Darren Bul- the State, the Adams City High School pro- 1987 and to patrol lieutenant in 1993. Tom lock; #25 Brandon Gaylor; #32 Ricardo Young; gram started in 1969 and enjoyed several Underhill took over the position of assistant #34 Tre Gray; #40 Bryan Gibbons; #43 Kevin years of popularity before declining in the late chief in March. Previous to his time at Athens Glascock; #44 Robert Matthews; #48 Kyle 70’s and early 80’s. Police Department, he worked as a deputy Mckeown; #50 Jeremy Hairston; #52 George After a concerted effort to improve expecta- sheriff at Gregg County and Henderson Coun- Kerr; #55 Mike Seman; #56 Aaron Williams; tions and standards, the program has received ty. His coworkers remember him as having a #60 Kenny Washington; #65 J.B. Walton; #66 several awards of recognition as a program of quiet spirit, a strong sense of professionalism Tyler McCready; #70 Joe Hughes; #72 Nate excellence. In the 2001–02 academic year, and a good sense of humor. He loved golf, Leigh; #77 O.J. Huddleston; #79 D’antae they received the prestigious Marine Corps gun shows and helping others. Adams; #80 Quinton Stith; #81 William John- Reserved Officer’s Association Award During his years of service, Tom Underhill son; #86 Donte Page; and #88 Justin Lucas. (MCROA) as the best JROTC program in the was recognized numerous times for his They have shown true dedication to their sport ten-state 8th Marine Corps District. Only six achievements. He was named officer of the and I am extremely proud of their accomplish- programs across the Nation receive this dis- year several times and headed up the depart- ments. It is with great pride that we congratu- tinction annually. ment’s special response unit. He was a train- late and wish them luck in all their future en- Due to the superior performance of the pro- ing officer, a firearms instructor and a grad- deavors. gram, Adams City High School was also des- uate of the FBI National Academy. He was

VerDate jul 14 2003 06:28 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.012 E08PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2471 also always willing to make speeches at The direct medical cost of treating a patient This is only the second time that a Texas schools and help at community events. with cervical cancer is $9,200 to $13,360, architecture firm has garnered the top prize Today, we honor the memory of Assistant while surgery to remove a precancerous lesion from the AIA. Chief Tom Underhill who served his commu- is $1,100 to $4,360. The financial burden of f nity with distinction. Our most heartfelt prayers HPV in the United States has been estimated go out to his family, friends and fellow police to range from $1.6 billion to $6 billion annu- PERSONAL EXPLANATION officers, especially to his wife, Stacey and his ally, making HPV one of the most costly sexu- parents, Bill and Linda Underhill. ally transmitted diseases after HIV/AIDS. HON. JEB BRADLEY To alleviate the burden of these costs to f OF NEW HAMPSHIRE women who are faced with the threat of cer- IN THE HOUSE OF REPRESENTATIVES INTRODUCTION OF A RESOLUTION vical cancer, Congress approved Public Law Monday, December 8, 2003 RECOGNIZING THE SURVIVORS 106–354 in 2000 allowing states to provide AND RAISING AWARENESS OF medical assistance through Medicaid to eligi- Mr. BRADLEY of New Hampshire. Mr. CERVICAL CANCER ble women who were screened for and found Speaker, due to my participation in a congres- to have breast or cervical cancer, including sional delegation trip to Iraq, I missed several HON. MARK E. SOUDER precancerous conditions, through the National votes. I would like the record to reflect that Breast and Cervical Cancer Early Detection had I been present, I would have voted in the OF INDIANA Program. following manner: IN THE HOUSE OF REPRESENTATIVES The best protection against cervical cancer On rollcall 576, on the motion to suspend the rules and pass, as amended, H.R. 1720, the Monday, December 8, 2003 and cervical disease, however, remains pre- Veterans Health Care Facilities Capital Im- vention of HPV infection. Public Law 106–554, Mr. SOUDER. Mr. Speaker, January is Cer- provement Act, I would have voted ‘‘aye’’. also approved by Congress in 2000, directs vical Cancer Awareness Month and today I On rollcall 577, on the motion to suspend the Centers for Disease Control and Preven- the rules and agree to the Senate amend- have introduced a resolution to recognize the tion (CDC) and Food and Drug Administration ments to H.R. 1516, the National Cemetery survivors of cervical cancer and to raise to take action to educate the public about Expansion Act, I would have voted ‘‘aye’’. awareness of cervical cancer, including the HPV. The law specifically requires CDC to On rollcall 578, on the motion to suspend importance of prevention, early diagnosis and the rules and agree to H.R. 3365, the Fallen issue a report on HPV not later than Decem- treatment. Patriots Tax Relief Act, I would have voted ber 21, 2003, ‘‘including a detailed summary ‘‘aye’’. Each year in the United States, approxi- of the significant findings and problems and mately 12,200 women are diagnosed with cer- On rollcall 579, on the motion to suspend best strategies to prevent future infections, the rules and agree to H. Res. 414, to encour- vical cancer and 4,100 women die from the based on the available science.’’ age the People’s Republic of China to fulfill disease. Worldwide, cervical cancer affects With Cervical Cancer Awareness Month just its commitments under international trade approximately 288,000 women annually, and weeks away, the statutory release date man- agreements, support the United States man- in some parts of the world, cervical cancer is dated for the CDC HPV prevention report is ufacturing sector, and establish monetary and financial market reforms, I would have the most common cancer in women. well timed to allow all members of Congress, Clinical studies have confirmed that the voted ‘‘aye’’. federal agencies, health care professionals On rollcall 581, I would have voted ‘‘aye’’. human papillomavirus (HPV) is the cause of and the public to educate themselves and oth- On rollcall 582, on expressing deep grati- nearly all cervical cancer. In addition, HPV is ers about HPV. During this month, we should tude for the valor and commitment of the associated with more than 1 million also recognize the survivors of HPV and cer- members of the United States Armed Forces precancerous lesions of varying severity. With vical cancer who have shown tremendous who were deployed in Operation Restore 20 million Americans believed to be infected, courage and determination in the face of ad- Hope to provide humanitarian assistance to the people of Somalia in 1993, I would have HPV is one of the most common sexually versity. transmitted diseases in the United States. An voted ‘‘aye’’. estimated 5.5 million people become infected f On rollcall 583, on making further con- tinuing appropriations for the fiscal year with HPV every year. Not everyone infected TEXAS FIRM WINS TOP AWARD 2004, I would have voted ‘‘aye’’. with HPV will develop cancer but those with On rollcall 586, I would have voted ‘‘aye’’. persistent, high risk strains of HPV are at in- HON. LAMAR S. SMITH On rollcall 587, I would have voted ‘‘aye’’. creased risk as are their partners. On rollcall 592, agreeing to the conference re- OF TEXAS However, the majority of women are un- port on the Flight 100—FAA Reauthorization IN THE HOUSE OF REPRESENTATIVES aware of these facts. In a recent survey, 70 Act, I would have voted ‘‘aye’’. percent of women were unable to name the Monday, December 8, 2003 On rollcall 593, on the motion to suspend the rules and agree to H. Res. 409—Repudi- cause of cervical cancer, and 76 percent had Mr. SMITH of Texas. Mr. Speaker, an archi- ating the Anti-Semetic Remarks Expressed never heard of HPV. tecture firm in my hometown of San Antonio by Dr. Mahathir Mohamad, I would have Many also confuse treatment with preven- recently received well-deserved national rec- voted ‘‘aye’’. On rollcall 595, agreeing to the tion. While treatment can prevent the progres- ognition. Lake/Flato Architects Inc. won the conference report on the Department of Inte- sion of cervical disease or death from cervical 2004 American Institute of Architects Architec- rior and related agencies Appropriations Act, cancer, treatment is not prevention of the ture Firm Award, the highest honor given in its I would have voted ‘‘aye’’. On rollcall 596, on the motion to suspend presence of disease. Furthermore, treatment category. can often be invasive, unpleasant, and costly the rules and agree to H. Con. Res. 302, A The annual award goes to a firm that con- Sense of Congress welcoming President Chen and not preclude the necessity for additional sistently has produced distinguished architec- Shui-bian of Taiwan to the United States on treatments. ture for at least 10 years. Founded in 1984 by October 31, I would have voted ‘‘aye’’. Cervical cancer is treated using surgery, ra- David Lake and Ted Flato, the firm today em- On rollcall 597, I would have voted ‘‘aye’’. diation and chemotherapy; sometimes two or ployees forty-four talented people, including On rollcall 598, I would have voted ‘‘aye’’. more methods are used. The most common six partners. On rollcall 601, agreeing to the conference types of surgery include cryosurgery, laser At its best, architecture warms the heart, up- report on the Emergency Supplemental Ap- surgery, cone biopsy, simple hysterectomy, propriations for Defense and the Reconstruc- lifts the spirit, and engages the mind. It in- tion of Iraq and Afghanistan, I would have radical hysterectomy and pelvis lymph node spires us, even if we don’t know all the rea- voted ‘‘aye’’. dissection, and pelvic exenteration. Radiation sons why. On rollcall 580, I would have voted ‘‘no’’. therapy may involve external radiation or inter- That Lake/Flato would be singled out by the On rollcall 584, I would have voted ‘‘no’’. nal radiation (radioactive materials implanted AIA is no surprise. The firm already has On rollcall 585, I would have voted ‘‘no’’. in the tumor). picked up more than 90 regional and national On rollcall 588, I would have voted ‘‘no’’. Treatment for cervical dysplasia—a architecture awards, including honorable men- On rollcall 589, I would have voted ‘‘no’’. On rollcall 590, I would have voted ‘‘no’’. premalignant or precancerous change in the tion awards from the AIA in 1992, 1997 and On rollcall 591, I would have voted ‘‘no’’. cells of the cervix that may progress to can- 1999. And it has inspired thousands of individ- On rollcall 594, I would have voted ‘‘no’’. cer—include surgery, cone biopsy, uals throughout the United States with its eye- On rollcall 599, I would have voted ‘‘no’’. cryosurgery, laser surgery, and electrosurgery. catching designs. On rollcall 600, I would have voted ‘‘no’’.

VerDate jul 14 2003 06:28 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.016 E08PT1 E2472 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 COMMEMORATING HUMAN RIGHTS prosecution of traffickers. To deny a person trust, non-self-governing or under any other DAY their right to freedom is the greatest affront to limitation of sovereignty. the ideals established 55 years ago set forth ARTICLE 3 HON. JAMES P. MORAN by the Universal Declaration of Human Rights. Everyone has the right to life, liberty and security of person. OF VIRGINIA We can and must do better. ARTICLE 4 IN THE HOUSE OF REPRESENTATIVES UNIVERSAL DECLARATION OF HUMAN RIGHTS No one shall be held in slavery or ser- Monday, December 8, 2003 On December 10, 1948 the General Assembly of the United Nations adopted and pro- vitude; slavery and the slave trade shall be Mr. MORAN of Virginia. Mr. Speaker, I rise claimed the Universal Declaration of Human prohibited in all their forms. today to commemorate International Human Rights the full text of which appears in the ARTICLE 5 Rights Day which is to be observed on the following pages. Following this historic act No one shall be subjected to torture or to 10th of December. Human Rights Day cele- the Assembly called upon all Member coun- cruel, inhuman or degrading treatment or punishment. brates the day of December 10, 1948 when tries to publicize the text of the Declaration and ‘‘to cause it to be disseminated, dis- ARTICLE 6 the United Nations General Assembly adopted played, read and expounded principally in and proclaimed the Universal Declaration of Everyone has the right to recognition ev- schools and other educational institutions, erywhere as a person before the law. Human Rights as the standard for equal and without distinction based on the political ARTICLE 7 inalienable rights for all mankind. This historic status of countries or territories.’’ document has been the foundation for free- All are equal before the law and are enti- PREAMBLE tled without any discrimination to equal dom, justice, and equality around the world. Whereas recognition of the inherent dig- protection of the law. All are entitled to Sadly, 55 years since its inception, human nity and of the equal and inalienable rights equal protection against any discrimination rights abuses are still endemic. I would like to of all members of the human family is the in violation of this Declaration and against draw attention to the widespread problem of foundation of freedom, justice and peace in any incitement to such discrimination. human trafficking. The trafficking of persons is the world, ARTICLE 8 Whereas disregard and contempt for a modern-day form of slavery, involving vic- Everyone has the right to an effective rem- human rights have resulted in barbarous tims who are typically forced, defrauded or co- edy by the competent national tribunals for acts which have outraged the conscience of acts violating the fundamental rights grant- erced into sexual or labor exploitation. mankind, and the advent of a world in which ed him by the constitution or by law. It is the fastest growing criminal enterprise, human beings shall enjoy freedom of speech occurring around the world and in individual and belief and freedom from fear and want ARTICLE 9 countries. Annually, nearly one million people, has been proclaimed as the highest aspira- No one shall be subjected to arbitrary ar- mostly women and children, are trafficked tion of the common people, rest, detention or exile. worldwide, including 50,000 persons into the Whereas it is essential, if man is not to be ARTICLE 10 United States. compelled to have recourse, as a last resort, Everyone is entitled in full equality to a The fact of the matter is that the violent sub- to rebellion against tyranny and oppression, fair and public hearing by an independent jugation and exploitation of women and girls is that human rights should be protected by and impartial tribunal, in the determination the rule of law, on-going and not enough is being done by of his rights and obligations and of any Whereas it is essential to promote the de- criminal charge against him. governments to adequately address it. Take velopment of friendly relations between na- ARTICLE 11 for example Skopje, Macedonia. In a market- tions, (1) Everyone charged with a penal offence Whereas the peoples of the United Nations place, women are forced to walk around a has the right to be presumed innocent until have in the Charter reaffirmed their faith in stage naked while brothel owners point their proved guilty according to law in a public fundamental human rights, in the dignity fingers to make a selection. Women are sold trial at which he has had all the guarantees and worth of the human person and in the like cattle and they are treated like slaves. necessary for his defence. In Krong Koh Kong, Cambodia, 14 year old equal rights of men and women and have de- (2) No one shall be held guilty of any penal termined to promote social progress and bet- girls stand outside of a row of shacks where offence on account of any act or omission ter standards of life in larger freedom, which did not constitute a penal offence, they charge the equivalent of $2 or $3 dollars Whereas Member States have pledged for sex, half of which goes to their pimps. under national or international law, at the themselves to achieve, in co-operation with time when it was committed. Nor shall a These girls, many of whom have AIDS, are the United Nations, the promotion of uni- heavier penalty be imposed than the one discarded when they become too sick to con- versal respect for and observance of human that was applicable at the time the penal of- tinue working. rights and fundamental freedoms, fence was committed. Whereas a common understanding of these Around the world, women and girls are sold ARTICLE 12 as slaves and are forced to engage in unpro- rights and freedoms is of the greatest impor- tance for the full realization of this pledge, No one shall be subjected to arbitrary in- tected sex because clients offer more money Now, Therefore the General Assembly pro- terference with his privacy, family, home or for such acts. These women have no control claims this Universal Declaration of Human correspondence, nor to attacks upon his over their lives, their health, or their futures. Rights as a common standard of achieve- honour and reputation. Everyone has the Trafficking victims in the sex industry are ex- ment for all peoples and all nations, to the right to the protection of the law against posed to HIV/AIDS, at much higher rates than end that every individual and every organ of such interference or attacks. the general population with no access to med- society, keeping this Declaration constantly ARTICLE 13 ical care. The fear of infection of AIDS among in mind, shall strive by teaching and edu- (1) Everyone has the right to freedom of cation to promote respect for these rights customers has driven traffickers to recruit movement and residence within the borders and freedoms and by progressive measures, of each state. younger girls, erroneously perceived to be too national and international, to secure their (2) Everyone has the right to leave any young to have been infected. universal and effective recognition and ob- country, including his own, and to return to The State Department’s annual Trafficking servance, both among the peoples of Member his country. in Persons Report classifies countries that States themselves and among the peoples of ARTICLE 14 allow human trafficking into three tiers. Some territories under their jurisdiction. (1) Everyone has the right to seek and to have observed that the United States has ARTICLE 1 enjoy in other countries asylum from perse- been soft on certain Asian countries thought to All human beings are born free and equal cution. be lax on trafficking, such as Indonesia, the in dignity and nghts.They are endowed with (2) This right may not be invoked in the Philippines, India, and Thailand. But because reason and conscience and should act to- case of prosecutions genuinely arising from these countries are allies in the war on terror, wards one another in a spirit of brotherhood. non-political crimes or from acts contrary to the purposes and principles of the United Na- ARTICLE 2 they may have been given a pass. tions. Mr. Speaker, in commemoration of Human Everyone is entitled to all the rights and ARTICLE 15 Rights Day, I call upon governments around freedoms set forth in this Declaration, with- out distinction of any kind, such as race, col- (1) Everyone has the right to a nationality. the world and the government of the United (2) No one shall be arbitrarily deprived of States to renew their commitment to com- our, sex, language, religion, political or other opinion, national or social origin, his nationality nor denied the right to bating this form of modern-day slavery. Elimi- property, birth or other status. Furthermore, change his nationality. nating this transnational criminal activity is one no distinction shall be made on the basis of ARTICLE 16 of the greatest challenges of our time. We the political, jurisdictional or international (1) Men and women of full age, without any must dedicate our efforts to the prevention of status of the country or territory to which a limitation due to race, nationality or reli- human trafficking, protection of victims, and person belongs, whether it be independent, gion, have the right to marry and to found a

VerDate jul 14 2003 06:28 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.021 E08PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2473 family. They are entitled to equal rights as of livelihood in circumstances beyond his founded in 1928 by James and Annie Mae to marriage, during marriage and at its dis- control. Woods. In 1950, after the death of Mr. Woods, solution. (2) Motherhood and childhood are entitled his nephew Fred W. Valentine continued to (2) Marriage shall be entered into only to special care and assistance. All children, with the free and full consent of the intend- whether born in or out of wedlock, shall run the business for Mrs. Woods. In 1954, ing spouses. enjoy the same social protection. Fred and his wife, Arzella, purchased the busi- ness and it became the Woods-Valentine Mor- (3) The family is the natural and funda- ARTICLE 26 mental group unit of society and is entitled tuary. The Valentines relocated the business (1) Everyone has the right to education. to protection by society and the State. Education shall be free, at least in the ele- to its current location at 1455 N. Fair Oaks Av- ARTICLE 17 mentary and fundamental stages. Elemen- enue in 1963 and built a new structure, which (1) Everyone has the right to own property tary education shall be compulsory. Tech- received a Pasadena Beautiful Foundation alone as well as in association with others. nical and professional education shall be award for architectural design and color co- (2) No one shall be arbitrarily deprived of made generally available and higher edu- ordination. his property. cation shall be equally accessible to all on Woods-Valentine Mortuary has a well-de- ARTICLE 18 the basis of merit. served reputation as a professional, compas- (2) Education shall be directed to the full Everyone has the right to freedom of sionate and dignified business. The mortuary development of the human personality and thought, conscience and religion; this right to the strengthening of respect for human staff members serve the community not only includes freedom to change his religion or rights and fundamental freedoms. It shall by offering counseling and funeral services, belief, and freedom, either alone or in com- promote understanding, tolerance and but also by their immense community and munity with others and in public or private, friendship among all nations, racial or reli- civic involvement. to manifest his religion or belief in teaching, gious groups, and shall further the activities practice, worship and observance. Fred and Arzella Valentine have served on of the United Nations for the maintenance of the boards of many professional and civic or- ARTICLE 19 peace. ganizations, such as the Los Angeles County Everyone has the right to freedom of opin- (3) Parents have a prior right to choose the Funeral Directors Association, the National Fu- ion and expression; this right includes free- kind of education that shall be given to their dom to hold opinions without interference children. neral Directors Association, the California Board of Funeral Directors, the Pasadena Al- and to seek, receive and impart information ARTICLE 27 and ideas through any media and regardless tadena Links, and the Soroptomist Club. The (1) Everyone has the right freely to partici- Valentines are also members of many civic or- of frontiers. pate in the cultural life of the community, ARTICLE 20 to enjoy the arts and to share in scientific ganizations including the San Gabriel Valley (1) Everyone has the right to freedom of advancement and its benefits. Black Business Association, the Pasadena peaceful assembly and association. (2) Everyone has the right to the protec- Chamber of Commerce, the Pasadena Urban (2) No one may be compelled to belong to tion of the moral and material interests re- League, and are lifetime members and past an association. sulting from any scientific, literary or artis- board members of the Pasadena NAACP. In ARTICLE 21 tic production of which he is the author. addition, the Valentines have sponsored (1) Everyone has the right to take part in ARTICLE 28 Northwest Pasadena Little League teams for the government of his country, directly or Everyone is entitled to a social and inter- forty years, volunteered for many years in through freely chosen representatives. national order in which the rights and free- Pasadena’s public schools and libraries, and (2) Everyone has the right of equal access doms set forth in this Declaration can be contribute annually to many scholarship funds. to public service in his country. fully realized. They are also active in their church, Friend- (3) The will of the people shall be the basis ARTICLE 29 of the authority of government; this will ship Baptist Church. (1) Everyone has duties to the community Woods-Valentine Mortuary is truly a family- shall be expressed in periodic and genuine in which alone the free and full development elections which shall be by universal and owned business. Fred and Arzella’s daugh- of his personality is possible. ters, Janyce Valentine and Gail Valentine Tay- equal suffrage and shall be held by secret (2) In the exercise of his rights and free- vote or by equivalent free voting procedures. doms, everyone shall be subject only to such lor, are part owners. Arzella’s sister, Vannie ARTICLE 22 limitations as are determined by law solely Brown, Fred’s brothers, Clifton Valentine (who Everyone, as a member of society, has the for the purpose of securing due recognition died in 1999) and James Adkins, along with right to social security and is entitled to re- and respect for the rights and freedoms of Laven Lanier, James Barker, Ernest Gomez, alization, through national effort and inter- others and of meeting the just requirements Lenston Marrow, James Ross, Leo Vaughn, national co-operation and in accordance with of morality, public order and the general Julius Henderson and Juan Wooden, are other the organization and resources of each State, welfare in a democratic society. members of the ‘‘Woods-Valentine Mortuary of the economic, social and cultural rights (3) These rights and freedoms may in no family’’ who have greatly contributed to the case be exercised contrary to the purposes indispensable for his dignity and the free de- success of the business. velopment of his personality. and principles of the United Nations. I ask all Members to join me today in hon- ARTICLE 30 ARTICLE 23 oring Woods-Valentine Mortuary for its sev- (1) Everyone has the right to work, to free Nothing in this Declaration may be inter- preted as implying for any State, group or enty-five years of dedicated service to the choice of employment, to just and favourable community. conditions of work and to protection against person any right to engage in any activity or unemployment. to perform any act aimed at the destruction f of any of the rights and freedoms set forth (2) Everyone, without any discrimination, H.R. 6 has the right to equal pay for equal work. herein. (3) Everyone who works has the right to f just and favourable remuneration ensuring HON. JOHN SHIMKUS for himself and his family an existence wor- IN RECOGNITION OF WOODS-VAL- OF ILLINOIS thy of human dignity, and supplemented, if ENTINE MORTUARY’S 75TH ANNI- IN THE HOUSE OF REPRESENTATIVES necessary, by other means of social protec- VERSARY tion. Monday, December 8, 2003 (4) Everyone has the right to form and to Mr. SHIMKUS. Mr. Speaker, I would like to join trade unions for the protection of his in- HON. ADAM B. SCHIFF terests. OF CALIFORNIA compliment the Chairman of the Conference Committee, Mr. TAUZIN of Louisiana, and my ARTICLE 24 IN THE HOUSE OF REPRESENTATIVES colleagues on the Committee from both the Everyone has the right to rest and leisure, Monday, December 8, 2003 House and the Senate for an excellent job including reasonable limitation of working hours and periodic holidays with pay. Mr. SCHIFF. Mr. Speaker, I rise today to under extremely difficult circumstances. I am honor Woods-Valentine Mortuary in Pasadena, very pleased that we have been able to re- ARTICLE 25 California. Woods-Valentine Mortuary, one of solve their differences and reach an agree- (1) Everyone has the right to a standard of the oldest African-American, family-owned and ment on this extremely important legislation. living adequate for the health and wellbeing of himself and of his family, including food, operated businesses in the twenty-ninth Con- Our national energy security requires that we clothing, housing and medical care and nec- gressional District, is celebrating its seventy- move rapidly to utilize all of our existing fossil essary social services, and the right to secu- fifth anniversary on December 14, 2003. energy resources in ways that are both more rity in the event of unemployment, sickness, The James Woods Funeral Parlor, located efficient and more protective of our public disability, widowhood, old age or other lack at 87 S. Vernon Avenue in Pasadena, was health and environment.

VerDate jul 14 2003 06:28 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.025 E08PT1 E2474 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 Two sections of the conference bill clearly entire Unit for their dedicated service to our Finals Tournament in Port Huron, Michigan in are aimed at these objectives. Section 932(d) country. January. The Lancaster Pee Wee AA hockey establishes a new program of research, devel- f team will now represent the entire East Coast opment, demonstration and commercial appli- Region. If the Pee Wee AA’s win there, they cation for integrated clean power and energy CONFERENCE REPORT ON H.R. 1, will be crowned North American champions. research. Section 935 establishes a similar MEDICARE PRESCRIPTION DRUG, The Silver Stick tournament was formed to program for research on innovative coal-burn- IMPROVEMENT, AND MOD- promote citizenship and international goodwill ing technologies and advanced combustion ERNIZATION ACT OF 2003 through hockey. In that sense, it continues the systems. time-honored tradition of using sport to build SPEECH OF I have been told that a new oxygen fuel understanding and friendship across national technology shows great promise with respect HON. CHAKA FATTAH lines. to these critical research goals. This new tech- OF PENNSYLVANIA I am honored to congratulate the Lancaster nology, as I understand it, uses oxygen in- IN THE HOUSE OF REPRESENTATIVES Firebird’s Pee Wee AA coaches Dave Bauer, stead of air to produce combustion of coal and Larry Collins and Jim Popp. And the Team Friday, November 21, 2003 other fossil fuels in electric utility and industrial Manager, Andy Lee. boilers. This prevents entry of nitrogen from Mr. FATTAH. Mr. Speaker, I rise today in But most of all, I’d like to offer my congratu- the air in the normal combustion process, opposition to the conference agreement of lations to the players themselves: #3 Bob Lee, which provides both fuel efficiency and emis- H.R. 1, the Medicare and Prescription Drug #4 Jacob Friedman, #5 Kyle Boyd, #7 John sion reduction benefits. The reliance on oxy- bill. McCracken, #10 Travis Gold, #11 Jeffrey gen, combined with more efficient use of fossil This conference agreement provides limited Branson, #12 Nico Delgiorno, #13 Danny fuels, also takes a step in the direction of re- benefit to vulnerable low income senior citi- Keich, #16 Kyle Troup, #22 Logan Gleason, newable energy sources. I understand that the zens and people with disabilities. In fact, the #24 Ben Bauer, #25 Josh Lewis, #29 Talon new oxygen-fuel technology has already been plan prohibits Medicaid from filling in the gaps Lewis, #31 Ryan Popp, #44 Alec Collins, and employed successfully in large industrial fur- in the new Medicare drug benefit, as Medicaid #97 Christian Grim. naces and has proved effective in small scale does now for other benefits. Given the ongo- They have made us all very proud. I know boiler testing conducted under a CRADA ing state budget crises, up to 6.4 million low- that they will represent us well in Michigan. I agreement with the Department of Energy’s income seniors and people with disabilities look forward to continued success from their National Energy Technology Laboratory. If could receive less help with their prescription team and, hopefully, welcoming them home as these results can be confirmed in boilers on a drug costs than they do now. North American Silver Stick champions. commercial production scale, the new tech- The proposed plan bows to drug industry f nology offers substantial benefits for U.S. do- pressure and prevents Medicare from negoti- mestic and international energy and environ- ating better prices. It also adopts a policy that H.R. 3659, RESERVISTS BURIAL mental policy. will prevent access to lower-cost drugs avail- EQUITY ACT OF 2003 Regarding the research provisions of the able in other countries, allowing drug compa- conference legislation, these provisions are in- nies profits to skyrocket at the expense of pa- HON. CHRISTOPHER H. SMITH tended to fund additional research for emerg- tients. Millions of Medicare beneficiaries will OF NEW JERSEY ing, innovative fossil fuel technologies, such be forced to pay more for Medicare if they IN THE HOUSE OF REPRESENTATIVES as the new oxygen-fuel technology. These don’t give up their doctor and join an HMO. Al- Monday, December 8, 2003 provisions, with respect to technologies such though the bill’s proponents claim it will be lim- as the oxygen fuel technology, will fund ited, as many as 7 million seniors could be Mr. SMITH of New Jersey. Mr. Speaker, projects involving both new and existing (retro- forced to participate. today I am introducing H.R. 8659, the Reserv- fitted) boilers on a commercial scale, where Finally, the conference agreement proposes ists Burial Equity Act of 2003. I am pleased to appropriate. the creation of Health Security Accounts, have join me as sponsors of the bill Mr. LANE It is important to continue research in clean which are tax shelters for the wealthy. This EVANS, the Ranking Democrat of the Veterans’ coal technologies. The continued use of coal, creates an unprecedented tax loophole that Affairs Committee; Mr. HENRY BROWN and Mr. in an environmentally friendly way, will lead to would undermine existing employer coverage MICHAEL MICHAUD, the Chairman and Ranking a balanced energy policy for our Nation. and add to the ever-growing number of unin- Member, respectively, of the Subcommittee on Benefits; as well as Mr. JEFF MILLER; Ms. f sured. These funds should be used to prevent employers from dropping coverage or to im- JULIA CARSON; Ms. BERKLEY; Mr. SHERROD HONORING THE 106TH AIR RESCUE prove the drug benefit. BROWN; and Mr. JOHN SHIMKUS. This legisla- WING I urge my colleagues to vote against this tion would update the eligibility rules for burial bill. of reservists at Arlington National Cemetery. HON. STEVE ISRAEL f Similar legislation passed the House in the OF NEW YORK 107th Congress. CONGRATULATING THE LAN- IN THE HOUSE OF REPRESENTATIVES Current Army rules provide in-ground burial CASTER FIREBIRD’S PEE WEE at Arlington National Cemetery to veterans Monday, December 8, 2003 AA HOCKEY TEAM ON WINNING who died on active duty, received one of the Mr. ISRAEL. Mr. Speaker, I rise to honor THE EASTERN REGIONAL SILVER military services’ highest awards for gallantry, the courageous efforts of the New York Air STICK CHAMPIONSHIP were held as a prisoner of war, or retired from National Guard’s 106th Air Rescue Wing dur- active duty military service. In addition, vet- ing the recent CH–47 Chinook helicopter res- HON. JOSEPH R. PITTS erans who do not meet the current eligibility cue operation in Iraq. These American heroes OF PENNSYLVANIA criteria but who served in a high Federal office saved the lives of two soldiers whose heli- IN THE HOUSE OF REPRESENTATIVES are also eligible, as are the immediate family copter was downed in a terrorist attack that members of all veterans buried there. took the lives of 16 of their brave comrades. Monday, December 8, 2003 It is wholly inequitable that a reservist who Located at Gabreski Airport in Mr. PITTS. Mr. Speaker, it is my honor to serves our Nation for a minimum of 20 years Westhampton, Long Island, the 106th Air Res- offer my most sincere congratulations to the is ineligible for in-ground burial at Arlington cue Wing’s mission is to provide air rescue Lancaster Firebird’s Pee Wee AA hockey National Cemetery because he or she had the support. In December of 1994, they estab- team in Lancaster, Pennsylvania. misfortune to die prior to age 60. The most lished the record for the longest over-water Over the Thanksgiving weekend, the Fire- glaring example of this policy was brought to helicopter rescue mission, while saving a birds won the Eastern Regional Silver Stick light following the death of Captain Charles Ukrainian sailor in the North Atlantic. Their ef- Championship tournament in Columbia, Mary- Burlingame III, the pilot of the American Air- forts in an attempted rescue in 1991 were me- land. More than 63,000 young hockey players lines jet that crashed into the Pentagon on morialized in Sebastian Junger’s book ‘‘The play in these regional tournaments all across September 11, 2001. Although he had retired Perfect Storm,’’ which was later made into a North America—from Huntsville, Alabama to from the Naval Reserves, he was only 51 major motion picture. Vancouver Island, British Columbia. years old at the time of his death. As such, he I would like to offer my sincerest thanks and Champions of these regional tournaments, was not automatically eligible for burial at Ar- appreciation to Colonel Mike Canders and his represent their region at the North American lington. Subsequently, the Secretary of the

VerDate jul 14 2003 06:28 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.030 E08PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2475 Army granted a waiver and Capt. Burlingame A TRIBUTE TO SHIRLEY PRUSSIN the Northern Illinois University’s Spotlight was interred at Arlington in December 2001. Awards for theiracademic achievement. Similarly, I see no reason why a reservist’s HON. SAM FARR Dr. Rosborg is no stranger to awards and eligibility for burial at Arlington should be OF CALIFORNIA commendations. He is a past recipient of the based on whether that person was or was not IN THE HOUSE OF REPRESENTATIVES Illinois Master Teacher Award, the Illinois State Board of Education ‘‘Those Who Excel’’ in training status when he or she died in the Monday, December 8, 2003 line of duty. In today’s military, there is often Award, the Illinois State Board of Education no practical difference. Mr. FARR. Mr. Speaker, Dynamic social ac- ‘‘Break the Mold’’ Award, and the Boy Scouts tivist, tireless volunteer, caring mother, innova- of America’s Russell C. Hill Award for out- This bill would revise existing law by elimi- tive supporter, teacher—Shirley Prussin has standing contribution to character education. nating the requirement that retired reservists filled many shoes during her time in the Mon- This year he was selected as the 2004 Illinois be in receipt of their retirement pay to be eligi- terey Peninsula. Today, however, I rise to rec- School Superintendent of the Year and will ble for in-ground burial at Arlington. Reservists ognize Shirley in another role, as a close and join representatives of all 50 States and U.S. must be 60 years old to receive retirement dear friend. Sadly, after a rich three decades overseas schools in the National Super- pay; reservist retirees who fall into this cat- on the Central Coast of California, Shirley has intendent of the Year award competition in egory are often referred to as being in the decided to move to Florida. I cannot overstate February 2004. ‘‘grey zone.’’ The bill would also make eligible her importance in my life. Her departure marks The key to Jim’s success is his capacity to for in-ground burial reservists who die in the a tremendous loss for our community. help every student achieve, regardless of abil- line of duty during active or inactive training. Shirley’s life and accomplishments on the ity. He takes the opportunity to meet with chil- Mr. Speaker, in recent years, reservists Central Coast have helped hundreds, if not dren, read to them, and listen to what they have been increasingly called upon to partici- thousands of people in the area. Shirley has have to say. Jim operates under the principle pate on active duty for extended periods to had a leadership role in countless organiza- that each of his actions as superintendent support the national defense. As the recent tions that affect the citizenry of the Monterey should be based on ‘‘what’s best for the kids.’’ actions in Afghanistan and Iraq clearly dem- Peninsula profoundly: the ACLU, the Demo- He also draws on his vast experience in edu- onstrate, reservists play a major role in the cratic Woman’s Club, the Reproductive Rights cation serving as a teacher, coach, guidance modern total force concept—we are unable to Coalition, the YWCA, Planned Parenthood— counselor, principal, and assistant super- go to war without mobilizing reservists right it’s impossible to name all the groups that she intendent before assuming the position as su- from the start. Let’s pass this bill and truly has lent her leadership and support. perintendent. The Illinois Association of School honor those men and women who put their ci- As an advocate for human rights and polit- Administrators has recognized his strong lead- vilian lives on hold to serve in our Armed ical activism, Shirley’s commitment to grass- ership skills by selecting him as Illinois’ Super- Forces on behalf of the United States of roots politics is truly an inspiration. Shirley’s intendent of the Year. America. political resume dates back to 1947; while in His service extends beyond District No. 118 Southern California, she worked for Tome boundaries. Dr. Rosborg has served as an ad- f Rees’ race for State Assembly. Since then, junct college professor to both St. Louis Uni- here dedication to social justice and a better versity and Lindenwood University. He is the TRIBUTE TO MAJOR DENNIS world has led her to work on, and in many Illinois Association of School Administrators’ ADOMATIS cases lead, numberless community-based or- representative on the State Test Task Force ganizations. concerning the No Child Left Behind Act and Shirley’s kindness, compassion and empa- serves on the Illinois Association of School HON. ROBERT E. (BUD) CRAMER, JR. thy for her fellow community members re- Administrators Board of Directors. Further, Dr. OF ALABAMA mains unparalleled. It’s difficult to express how Rosborg leads an educational team in District deeply her loss will affect me, but I would like No. 118 that has been recognized by the Illi- IN THE HOUSE OF REPRESENTATIVES to wish her well with the rest of her life’s jour- nois State Board of Education, the St. Louis Monday, December 8, 2003 neys. Somewhere in Florida, there’s an ex- Post-Dispatch, and the Belleville News-Demo- tremely lucky community that is about to re- crat for high state test scores and quality in- Mr. CRAMER. Mr. Speaker, I rise today to ceive an amazing person, and I am sad to see structional programs. In addition, he collabo- recognize Major Dennis P. Adomatis upon his her go. rated on a textbook, ‘‘What Every Super- retirement from the United States Army after f intendent and Principal Needs to Know’’, more than 21 years of outstanding service to which was co-authored with Dr. Max McGee our country. After his effective retirement at RECOGNIZING ILLINOIS SUPER- and Mr. Jim Burgett. the end of 2003, Major Adomatis will reside in INTENDENT OF THE YEAR DR. Under his guidance and direction, the dis- my Congressional district. JAMES ROSBORG, SUPER- trict has completed five new buildings and pro- INTENDENT OF BELLEVILLE, IL- Major Dennis P. Adomatis has distinguished vided computers in every classroom and com- LINOIS SCHOOL DISTRICT himself throughout his military service in chal- puter labs in every school. In addition, all 12 lenging and diverse assignments. Throughout facilities in the district are air-conditioned, his remarkable career, he has received many HON. JERRY F. COSTELLO when just 5 years ago, only two of the facili- medals and awards for his ability to lead by OF ILLINOIS ties had air-conditioning. example, encourage excellence from his peers IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, Dr. Rosborg has the uncanny and subordinates, effectively manage the Monday, December 8, 2003 ability to communicate effectively and always Army’s resources, and consistently produce encourages others to take ownership of the outstanding results. I commend Major Mr. COSTELLO. Mr. Speaker, I rise today to educational process. He is a great advocate Adomatis for his ability to energize a diverse ask my colleagues to join me in recognizing for children, families and what is right. He staff toward a common purpose, setting high Dr. James Rosborg, Superintendent of Belle- leads by example and puts his own family and standards and inspiring his staff to achieve ville Public School District No. 118 and his faith in everything he does. I ask my col- them. being named the State of Illinois School Su- leagues to join me in recognizing the service perintendent of the Year. Major Adomatis has been assigned to sev- and the achievements of Dr. Jim Rosborg and In his tenth year as superintendent, James wish him and his family the best in the future. eral key military positions throughout his ca- Rosborg has achieved success by consistently f reer, which culminated as the Assistant Prod- building a climate of collaboration with teach- uct Manager for Fielding and Integration for ers, students, the school board, parents, and HONORING ROY PARKE, JR. Air and Missile Defense Command and Con- community leaders to benefit all students in trol Systems Product Office in Madison, AL., a his district. These efforts have resulted in HON. MICHAEL BILIRAKIS position he has held since 2001. It is in this some of the highest school district test scores role that Major Adomatis will leave an endur- OF FLORIDA in the State of Illinois. In addition, Belleville IN THE HOUSE OF REPRESENTATIVES ing mark on the future of our Army. District No. 118 schools have received Golden Mr. Speaker, on behalf of the people of Spike Awards, State and National Blue Ribbon Monday, December 8, 2003 North Alabama, I congratulate Major Adomatis Schools Awards, the national AFT-Saturn/ Mr. BILIRAKIS. Mr. Speaker, I rise today to for his 21 years of service to our country. UAW Collaboration Award, and most recently, honor Roy Parke, Jr., a friend, constituent,

VerDate jul 14 2003 06:28 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.035 E08PT1 E2476 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 and pioneer in our country’s strawberry indus- Lions Club International, which was also In 1994, Kiwanis International adopted as try. founded in Chicago, has spent the last decade its cause the elimination of iodine defi- Roy Parke virtually founded our country’s working to reduce blindness worldwide. Over ciency, the biggest cause of preventable strawberry industry. He moved to my district in the last decade, this organization has spent mental retardation in the world. Since then, the club has provided more than $50 million the 1950s and, with his father, founded $148 million on sight-preservation projects in to help ensure that all salt used in food con- Parkesdale Farms, which today is a multi- 79 countries; it has funded more than 550 tains iodine. million-dollar operation which produces most grants in 78 countries targeting the main Lions Clubs International, once famous for of our country’s winter strawberries. causes of blindness. collecting and recycling used eyeglasses, Roy was a farming pioneer. He oversaw the Rotary International and Lions Club Inter- spent $148 million over the past decade on first successful shipment of berries to Europe national paved the way for Kiwanis Inter- sight-preservation projects in 79 countries. It in 1963. He was the first farmer to spray national’s decision in 1991 to coordinate an plays an important role in a river-blindness strawberries with water during the winter to organization-wide campaign to reduce the campaign in Africa, has trained 14,000 oph- amount of iodine deficiency, which causes de- thalmic workers in India and helped pay for protect them from freezing temperatures. He is 2.1 million cataract operations in 104 rural considered one of our country’s leading au- velopmental delays, worldwide. The organiza- counties in China, where last year it became thorities on cutting-edge production tech- tion has pledged to raise $75 million dollars the only Western ‘‘service club’’ allowed to niques. towards the effort, and has already delivered establish chapters. I am pleased to say that Roy has dedicated $57 million. The contributions of these clubs, however, his life to more than personal success. He has Rotary International, Lions Club International go well beyond money. Over the past decade for years actively supported and promoted and The Kiwanis have demonstrated that we they have essentially created a new species of nongovernmental organization. local volunteer and civic organizations, as well have the ability to make real change in the lives of people around the world. While I look Unlike many medical charities in the de- as helping area schools and students. He also veloping world, these are not small cadres of helped make the Florida Strawberry Festival forward to supporting the efforts of these overworked, self-sacrificing idealists. In- the country’s premiere event for strawberry amazing service organizations, I hope that stead, they are vast, permanent networks of lovers. He helped make it such a success that Congress and the Administration will also in- well connected people willing to put in small presidents, movie stars, entertainers, and ev- crease efforts to meet those goals. Mr. Speak- amounts of time—often in the form of lob- eryone in between have stopped to visit Roy er, I would like to commit the article from the bying and consciousness-raising—against a Washington Post into the RECORD, and ask few targeted diseases. and eat shortcake with him. ‘‘Their contribution goes way beyond pret- Roy recently turned over the day-to-day op- my fellow colleagues to take a moment to read it. ty important. I believe that eradication of eration of his company to his children and his polio would not have been feasible without [From the Washington Post, Dec. 7, 2003] wife of 60 years, Helen. Although he attributes the participation of Rotary International,’’ all of his success to her, I know that his hard SERVICE CLUBS LIVING UPTOMISSION said R. Bruce Aylward, a Canadian physician work, dedication, and perseverance also have ROTARY, LIONS AND KIWANIS AT FRONT OF who is the World Health Organization’s coor- helped him succeed in what anyone who GLOBAL WAR AGAINST DISEASE dinator for the Global Polio Eradication Ini- knows farming will tell you is a very difficult (By David Brown) tiative. ‘‘Kiwanis is signed up indefinitely, not for way of life. Lunch is over, and the Rotary Club of Washington, D.C., is taking coffee when donating money but for raising their voice if Mr. Speaker, Roy Parke is an outstanding Susan O’Neal starts her slide presentation they see any backsliding,’’ said Frits van der husband, father, farmer, and American. I am about the trip she and 65 other Rotarians Haar, a Dutch nutritionist who heads the proud to call him, and his wonderful wife, took to India, where they helped hand out Network for Sustained Elimination of Iodine friends and constituents. They are, without oral polio vaccine to ragtag children in a Deficiency. ‘‘Outsiders like Kiwanis are the question, national treasures who should serve New Delhi slum. watchdogs. They see that the work is done as examples to us all. She explains that the vaccine, taken in well and continues to get done.’’ two drops of fluid, grows in the intestine and In the river-blindness campaign, Merck & f is excreted by the body for a few weeks while Co. provides the drug ivermectin and Lions IN HONOR OF SERVICE immunity builds up. She then clicks on a Clubs International pays to train African vil- slide of an open sewer. lagers to dispense it. The ‘‘barefoot doctor’’ ‘‘You can see how it’s rather easy for peo- strategy that has evolved from the program HON. JANICE D. SCHAKOWSKY ple to get fecal microbes on their hands,’’ may become a model for other medical pro- OF ILLINOIS O’Neal says. ‘‘In fact, even though only 93 grams in places with few health profes- IN THE HOUSE OF REPRESENTATIVES percent of children on average get vac- sionals, said Moses Katabarwa, a Ugandan cinated in a campaign, the other 7 percent epidemiologist and anthropologist. Monday, December 8, 2003 get immunized through the feces in the envi- ‘‘The Lions, they have triggered off a proc- Ms. SCHAKOWSKY. Mr. Speaker, I rise ronment.’’ ess in which there is no reverse,’’ said today to bring attention to the hard work of A groan briefly mixes with the tinkling of Katabarwa, who recently moved to the glassware as the Rotarians settle in for the United States to work on river blindness some of our nation’s oldest service organiza- latest dispatch from their organization’s 15– with the Carter Center in Atlanta. tions to improve global health. As described in year campaign to eradicate polio, the lead- The three clubs came to their work inde- a December 7, 2003 Washington Post article ing cause of childhood paralysis. pendently, tracing similar paths from their titled ‘‘Service Clubs Living Up to Mission,’’ This scene at the Hotel Washington re- origins as social organizations for mid- Rotary International, Lions Club International cently is not one that George F. Babbitt, the western businessmen. and Kiwanis International have each title character of Sinclair Lewis’s 1922 novel, Rotary, the oldest, was founded in Chicago conunitted themselves to bettering the quality would easily recognize. A small-minded resi- in 1905. Kiwanis (whose name is a shortened dent of a fictional American city, Babbitt form of an Indian phrase meaning ‘‘we of life for people around the world. belonged to a Rotary-like organization trade’’) began in Detroit in 1915. The first I represent the city of Chicago where Rotary called the Boosters Club. Lewis lampooned it Lions Club formed in Chicago two years International, our oldest service organization, as little more than institutionalized selfish- later. was founded and Evanston where it is cur- ness, and his unflattering picture still lin- All made charitable works in their commu- rently headquartered. The organization, in the gers in the American psyche. nities part of their mission. The Lions chose early 1980s, made a commitment to eradicate That may be the reason so few people know blindness prevention as a theme in 1925 when polio and immunize children against infectious that the heirs of Babbitt’s Boosters—not 45-year-old Helen Keller challenged them to only in Rotary but also in two other large become ‘‘knights of the blind in this crusade diseases. Rotarians have exceeded all expec- clubs like it—are now major players in the against darkness.’’ All eventually opened tations. Through the years, Rotary Inter- global fight against disease. They are en- clubs on other continents. national has given $500 million to the polio- gaged in arduous and thankless campaigns In the early 1980s, several Rotary leaders eradication effort and has sent thousands of against ailments that have largely dis- proposed beginning an organization-wide volunteers abroad to work on the campaign. appeared from the places where their mem- project separate from local efforts. ‘‘This Partly based on the strength and success of bers live. was contrary to the beginnings of Rotary Rotary International’s campaign, the World Since 1988, Rotary International has con- and was also contrary to the feelings of a lot tributed $500 million and sent thousands of Health Organization announced its intent to of senior Rotarians,’’ recalled William T. volunteers to work on the polio campaign. Sergeant, who at age 84 heads Rotary’s polio eradicate polio worldwide. I commend the The club is second only to the U.S. govern- activities. But the idea took hold. commitment that Rotary International and its ment in the amount of money it has poured At the suggestion of Albert Sabin, inventor members continue to make to improving world into the effort to eradicate a human disease of the oral polio vaccine, Rotary chose as its health. for only the second time in history. goal universal immunization of children

VerDate jul 14 2003 06:28 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.040 E08PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2477 against polio and several other infectious Dave Groner, a 60-year-old funeral director Ryan was born on June 29, 1982, in Or- diseases. In 1986, it decided to support the ef- in Dowagiac, Mich., has led four groups of ange, California. After graduating from Norco fort through 2005, the club’s centennial year. Rotarians to India and one to Nigeria. Next High School in 2000, he enlisted in the Army. It did not envisage eradicating polio. month, he will take 14 people, 10 of them A two-year campaign brought in more than nurses, to Niger. They will all pay their own He was assigned to A Company, 1st Battalion, twice as much money as expected—$247 mil- way—about $3,000 each. ‘‘We’ve never been 16th Infantry Regiment, 1st Infantry Division, lion, not $120 million. Partly on the strength asked to not work or to get lost,’’ he said. based in Fort Riley, Kansas as an infantryman of that support, the World Health Organiza- Occasionally, club members play a role no- and was deployed to Iraq in September. tion in 1988 announced its intent to rid the body else can. Angola has a single Rotary On November 8, 2003, while riding in an ar- world of polio. A WHO-led effort had pre- Club, 32 people who meet in the capital, mored vehicle with other U.S. troops, his vehi- viously eradicated smallpox in a campaign Luanda. They are led by Sylvia Nagy, who cle was hit by an explosive device. Ryan was lasting from 1966 to 1980. with her husband owns a foundry. In 1997, a sent to Walter Reed Army Medical Center in ‘‘A lot of people have very ambitious ideas, 25-year civil war, which ended last year with but almost nobody has the funding to the death of rebel leader Jonas Savimbi, was Bethesda, Maryland but later passed away kickstart a global initiative,’’ Aylward said. underway. There had not been a vaccination from complications from his injuries on De- ‘‘Rotary was the Gates Foundation of 1988.’’ campaign in the rebel-held half of the coun- cember 2, 2003. He was 21 years old and But eradication has proved more difficult try in years. leaves behind a wife, mother and father. than anyone anticipated. The target date Nagy, along with representatives of WHO As we look at the incredibly rich military his- was originally 2000; it is now 2005. The extra and UNICEF, negotiated a truce so immuni- time required more money. Earlier this year, tory of our country we realize that this history zation days could be held in June that year. Rotary completed a second fundraising cam- is comprised of men, just like Ryan, who Rotary rented planes, boats and four-wheel- paign, which raised $111 million—again more bravely fought for the ideals of freedom and drive vehicles to deliver vaccine, and dis- than the target, which was $80 million. The bursed $4 million to far-flung vaccinators. democracy. Each story is unique and hum- club’s contributions. including interest, now About 2.5 million children were vaccinated. bling for those of us who, far from the dangers total more than $500 million. they have faced, live our lives in relative com- Lions Clubs International, the world’s On Sept. 2, Angola marked its second year largest service club, decided to reorient without a single case of polio. fort and ease. My thoughts, prayers and deep- much of its sight-saving efforts after it held f est gratitude for their sacrifice go out to his a symposium with experts in blindness pre- wife and family. There are no words that can vention in Singapore in 1989. HONORING CALDWELL, IDAHO relieve their pain. Ryan was awarded the Pur- ‘‘We were astounded to hear that blindness ple Heart and will be laid to rest at the River- was increasing, particularly in the devel- HON. C.L. ‘‘BUTCH’’ OTTER side National Cemetery where he will be close oping world,’’ said Brian Stevenson, a pro- OF IDAHO to home and those who love him. vincial judge in Alberta who had just fin- ished a term as Lions president. ‘‘They told IN THE HOUSE OF REPRESENTATIVES His wife and family have all given a part of us there were 40 million blind people in the Monday, December 8, 2003 themselves in the loss of their loved one and world, and 32 million of the cases were or had I hope they know that their son and the sac- been treatable. So it gave us a lot of focus.’’ Mr. OTTER. Mr. Speaker, I rise today to rifice he has made will not be forgotten. Lions set a goal of $130 million but raised recognize the city of Caldwell, Idaho for their $147 million for its SightFirst program. The outstanding record of city management. The f organization has funded more than 550 city was recently honored to be on the short grants in 78 countries targeting the main list for a national city management award, for HONORING LARRY R. COOPER FOR causes of blindness. HIS 35 YEARS OF SERVICE TO Kiwanis’s entry into the global health cities with populations under 50,000. As part of their recognition, CNN wanted to include THE UNITED STATES DEPART- arena was due in part to the example of the MENT OF AGRICULTURE two other clubs. them in a program highlighting such cities In 1991, William Foege, former head of the around the United States. Caldwell has made Centers for Disease Control and Prevention, many strides recently towards revitalizing their HON. SAM GRAVES asked the Kiwanis president, a physician downtown, with projects such as the Indian OF MISSOURI named Wil Blechman, what the club was Creek reconfiguration project. The cost of IN THE HOUSE OF REPRESENTATIVES doing for the world’s children. Foege cited Rotary’s polio work and Lions’ just-created being included in CNN’s program, however, Monday, December 8, 2003 SightFirst. While Kiwanis had urged local was $24,000—a fee used to bring the tele- clubs to have a charitable activity aimed at vision crew to the city. Under Mayor Garret Mr. GRAVES. Mr. Speaker, I proudly pause children younger than 5, there was no orga- Nancolas, the city declined CNN’s offer be- to recognize Larry R. Cooper, Assistant Re- nization-wide project. cause of the high cost to be included. The city gional Inspector General for the United States ‘‘I will bring this to the attention of our felt the funds could be used more appro- Department of Agriculture Great Plains Re- board, because I don’t know at the moment,’’ priately to directly benefit their citizens. This gion. Mr. Cooper has exemplified the finest Blechman recalled answering sheepishly. example truly reiterates the city’s dedication to qualities of leadership and service and is The board discussed the idea and ulti- being honored for his 35-year commitment to mately surveyed its membership, which fa- its citizens and its exceptional management. vored a global project 2 to 1. UNICEF sug- The city of Caldwell, Idaho should be an ex- the USDA and the people of the Great Plains gested a focus on iodine deficiency. ample to cities nationwide and I am honored region. Iodine is an essential part of thyroid hor- to represent such an exceptional city. The Mr. Cooper began his career with the USDA mone, which in turn is essential to brain de- State of Idaho is also honored to include this Office of the Inspector General in 1969 as an velopment. In places where diets contain in- city as one of its own. auditor for the Kansas City office. He was sufficient iodine, generally because the soil f quickly promoted and became Supervisory contains little and there is no seafood, the Auditor in 1976 and Assistant Regional In- intelligence of the entire population is shift- TRIBUTE TO SERGEANT RYAN C. ed downward. In 1990, only 20 percent of the spector General for the Great Plains Region in world’s households consumed salt treated YOUNG 1987, a position he has dedicated himself to with enough iodine to prevent deficiency. for the past 16 years. In this position, Mr. Coo- UNICEF estimated the problem could be HON. KEN CALVERT per planned, directed, and supervised the per- eliminated worldwide in five years for $50 OF CALIFORNIA formance of all auditing activities. million to $75 million. Kiwanis took the IN THE HOUSE OF REPRESENTATIVES During his career with the USDA, Mr. Coo- challenge because it was important, concrete per was recognized for using advanced audit and ‘‘something we thought we could han- Monday, December 8, 2003 dle,’’ Blechman said. techniques, pioneering efforts in controls over The organization pledged to raise $75 mil- Mr. CALVERT. Mr. Speaker, I rise to pay automated systems, and innovatively suing lion and has already contributed $57 million. tribute to a hero from my congressional dis- statistical sampling. Mr. Cooper was honored The money pays for iodization equipment for trict. Last week I was informed that Sgt. Ryan for his performance by both the agency and salt manufacturers and campaigns on the C. Young of my hometown of Corona, Cali- the President’s Council and Efficiency. importance of iodized salt. fornia passed away due to complications from Mr. Speaker, I proudly ask you to join me in Occasionally, members of service clubs do the work themselves. Thousands of Rotar- injuries sustained while fighting in Fallujah, commending the career of Larry R. Cooper, ians, both local and foreign volunteers, have Iraq on November 8, 2003. Today I would ask who exemplifies the qualities of dedication and participated in national immunization days that the House of Representatives honor and service to the United States Department of when vaccine is given to millions of children remember this incredible young man who died Agriculture Great Plains Region and the peo- over a few days. in service to his country. ple of the United States of America.

VerDate jul 14 2003 06:28 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.044 E08PT1 E2478 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 HONORING THE PANETTA hairstylists around the world. Jenkins taught IN MEMORY OF E.W. JOHNSON, JR. INSTITUTE her technique to cosmetologists at Christina’s HairWeev Penthouse Salon in Shaker Heights HON. SAM FARR until 1993. She also conducted training ses- HON. MIKE ROSS OF CALIFORNIA sions in Europe. OF ARKANSAS Once a process only used by entertainers IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES and people with extreme hair loss, hair weav- Monday, December 8, 2003 ing has become a common practice allowing Monday, December 8, 2003 Mr. FARR. Mr. Speaker, I rise today in people to appear as though they were born Mr. ROSS. Mr. Speaker, I rise today to honor of Leon and Sylvia Panetta, both dedi- with thick, luxurious heads of hair. Its popu- honor the memory of E.W. Johnson, Jr., who cated members of the Central Coast and larity has made the hair weaving business a passed away at the age of 72 on November Washington, DC communities. Specifically, I billion dollar industry. 21, 2003. E.W. was born in Lafayette County would like to address their efforts regarding Christina was married to popular jazz pianist where he spent his entire life. I am saddened the founding of the Panetta Institute, a non- Herman ‘‘Duke’’ Jenkins. To this union was to learn of his death and wish to recognize his partisan center for the study of public policy. born one daughter, Sheila Jenkins-Cochran. life and achievements. Located at the California State University, On behalf of the people of the 11th Con- Monterey Bay, the institute serves the entire gressional District, I wish to commend Chris- Born in Stamps in 1931, E.W. worked at Ar- CSU system, as well as providing insight and tina Jenkins. Her revolutionary contributions to kansas Power and Light Company. E.W. was policy information for legislators around the the field of cosmetology have helped to boost no stranger to public service; those who knew country. the self-esteem of men and women across the him well say he was very active in all aspects Soon after its founding in 1998, the Panetta world. of the Stamps Community. E.W. was chairman Institute quickly became an integral contributor f of Deacons at First Baptist Church, a member of the Lafayette County Quorum Court, and in- to the political community in a variety of IN HONOR OF MIKE CHAPPELL media. One of the main focuses of the pro- volved with the Stamps Rotary. E.W. was also gram is to equip today’s young people with the a veteran of the United States Air Force. At practical skills of governance, all the while in- HON. CHARLES W. ‘‘CHIP’’ PICKERING the time of his passing, he was serving as OF MISSISSIPPI spiring a life-long dedication to public service. Mayor of Stamps, a position he held for eight IN THE HOUSE OF REPRESENTATIVES In these efforts to develop ambitious and suc- years. cessful leaders, the Panettas have, in turn, Monday, December 8, 2003 I know E.W.’s death was especially difficult provided legislators in California and DC with Mr. PICKERING. Mr. Speaker, as we wrap for his wife, Virginia Johnson, his sister, Mar- over 120 well-trained and informed interns. It up this year’s congressional work, I want to tha Sue Robinson, and his great nieces and suffices to say that, through their thoughtful take this opportunity to salute and honor Mike nephews, Diane Pennington, Lori Pennington, and effective program, the Panettas have de- Chappell, a native of McComb, Mississippi. He Josh Pennington, Laura Hill, Conner Hill, and signed a quality system that greatly benefits has been a trusted advisor, wise counselor, Taylor Hill. I have kept them in my thoughts both the student and legislative office. After and valued assistant to me both during my and in my prayers. While E.W. Johnson, Jr. working with students from the Panetta Insti- work in service of Mississippi’s Third District, may no longer be with us, his spirit and his tute in my office, it is clear that they are well and in my campaigns for that office. legacy live on in the examples he set and the oriented with the governmental process. Over the past seven years I saw Mike hone many lives he touched. Mr. Speaker, on behalf of the United States his natural political instincts and quick grasp of Congress, I would like to commend Leon and policy into a strong ability to shape and influ- f Sylvia Panetta for their commitment to sup- ence the debate and outcome of our work. He porting sustainable progress in the 21st cen- knows the ‘‘Four Ps’’ of congressional work: RECOGNIZING AARON SPENCER tury by researching public policy and nour- process, politics, policy, and personalities. WILLIAMS FOR ACHIEVING THE ishing tomorrow’s leaders. Their many con- After my first election, he helped me open RANK OF EAGLE SCOUT tributions to all of us in office are invaluable. my congressional office and has served dili- I am honored to represent the Panettas in gently each year since. But a few months ago HON. SAM GRAVES Congress, as well as to hold the office that he moved on to the private sector to work in Leon himself held with dignity prior to my ten- the firm Fierce & Isakowitz, described by For- OF MISSOURI ure. tune Magazine this year as ‘‘the most skilled IN THE HOUSE OF REPRESENTATIVES f practitioners of persuasion in Washington.’’ Mike has been a friend on whose advice I Monday, December 8, 2003 CELEBRATION OF THE LIFE OF could always trust and whose instincts for pol- Mr. GRAVES. Mr. Speaker, I proudly pause CHRISTINA JENKINS icy and politics are the best in the business. to recognize Aaron Spencer Williams, a very He knows how the Hill game is played, he special young man who has exemplified the HON. STEPHANIE TUBBS JONES knows the players, and he has memorized the finest qualities of citizenship and leadership by OF OHIO playbook. Fierce & Isakowitz has hired a great taking an active part in the Boy Scouts of IN THE HOUSE OF REPRESENTATIVES asset and while I certainly miss him, I am ex- America, Troop 260, and in earning the most cited for his new opportunity. Monday, December 8, 2003 prestigious award of Eagle Scout. Mike Chappell is an example of the type of Aaron has been very active with his troop, Mrs. JONES of Ohio. Mr. Speaker, I rise political leadership Mississippi has to offer our today to honor a pioneer in the field of cosme- participating in many Scout activities. Over the country. His work has been a tribute to his nine years Aaron has been involved with tology. Christina M. Jenkins, a resident of parents, his community, his alma mater—the Cleveland Heights, Ohio who invented the Scouting, he has earned 31 merit badges and Golden Eagles of the University of Southern has held numerous leadership positions, serv- process known as hair weaving, passed away Mississippi—and his state. I also appreciate recently at the age of 82. ing as Assistant Senior Patrol Leader, Assist- the sacrifice of his wife Angie as Mike put in ant Patrol Leader, Patrol Leader, and Librar- A native of Louisiana, Christina Jenkins long, hard hours in my office over the past graduated with a bachelor’s degree in science ian. Aaron also attended H. Roe Bartle Scout several years. Reservation for five years and is a Warrior in from Leland College near Baton Rouge, Lou- I know while working in the private sector he the Tribe of Mic-O-Say. isiana in 1943. She began researching ways will continue to advance and represent the val- to secure wigs and hairpieces while working ues we share, those values he learned from For his Eagle Scout project, Aaron con- for a Chicago wig manufacturer in 1949. She his parents in McComb, those values he con- structed a mobile school supply store for moved to Malvern, Ohio near Canton and con- tinues to exhibit in his advancement of positive Eastgate Middle School in North Kansas City, tinued developing what she called the policy here in our nation’s capital. Missouri. Hairweev process, which was designed for Mike Chappell left a formative mark on the Mr. Speaker, I proudly ask you to join me in making hairdos longer and fuller by weaving shape and operation of my office. We will miss commending Aaron Spencer Williams for his extensions onto existing hair. his humor, wit, and passion for his work. But accomplishments with the Boy Scouts of She received a patent in 1951 for her hair I thank him for his service to this office and to America and for his efforts put forth in achiev- weaving method that continues to be used by Mississippi. ing the highest distinction of Eagle Scout.

VerDate jul 14 2003 06:28 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.049 E08PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2479 HONORING CHIEF WARRANT went on to graduate from Wilberforce Univer- vester Groom as MSU’s 31st Head Football OFFICER CHRISTOPHER NASON sity and received his law degree from Western Coach. He will replace the most winning Reserve University in 1949. He worked as an coach in Mississippi State’s history, Jackie HON. SAM FARR assistant police prosecutor in Cleveland before Sherrill, who retires this year with a distin- OF CALIFORNIA joining the poverty program. guished and honorable legacy. IN THE HOUSE OF REPRESENTATIVES A lawyer with the Legal Aid Society for 22 I salute MSU President Charles Lee and Monday, December 8, 2003 years, J.C. Williams served as director of of- Athletic Director Larry Templeton for their wis- fices throughout the 11th Congressional Dis- dom in this decision and once again congratu- Mr. FARR. Mr. Speaker, I rise today in trict of Ohio, in the Hough, Glenville and Cen- late Sylvester Croom and the Bulldogs. honor of a fallen soldier, U.S. Army Chief War- tral communities of Cleveland. After joining the Mr. Speaker, there is no doubt in my mind rant Officer Christopher Nason, a dedicated society in 1966, he developed a collective bar- that Coach Croom will make us proud in Mis- patriot who gave 19 years of his life to military gaining program for landlords and tenants in sissippi. We are already thrilled and excited service. Mr. Nason was killed in a motor vehi- Hough in which they could settle disputes by about the prospect of our future together. cle accident while serving in Iraq on Novem- turning them over to third-party arbitrators. He f ber 23, 2003. Mr. Nason is survived by his sis- served as a lawyer for needy clients until his ter Gina Nason. retirement from the society in 1988. He main- IN MEMORY OF JUDGE LARRY A young man seeking focus in life, Chris- tained a private practice until his death. KINNAIRD topher Nason enlisted in the Air Force in 1985 J.C. was a member of Saint James A.M.E. at the age of 20. Nason attended the Defense Church. He was also an active member of the HON. MIKE ROSS Language Institute (DLI) in Monterey, CA in Ohio and Norman S. Minor bar associations, OF ARKANSAS June of 1995 through May of 1996, where he Omega Psi Phi Fraternity Inc., and the Am- IN THE HOUSE OF REPRESENTATIVES excelled in his studies of Arabic. He became bassador Social Club. Monday, December 8, 2003 a warrant officer in 1999 and was assigned to It is because of his commitment to the com- the 306th MI (Military Intelligence) Battalion munity and desire to help those less fortunate Mr. ROSS. Mr. Speaker, I rise today to out of Fort Huachuca, AZ before he was de- that I wish to acknowledge the contributions of honor Judge Larry Kinnaird, who died on No- ployed to Iraq. Those who knew him best re- J.C. Williams on behalf of the Congress of the vember 24, 2003 at the age of 63. Judge flect on his transition into a strong and irre- United States and the citizens of the 11th Kinnaird, born in Ashley County, was a close placeable member of the armed forces and Congressional District. J.C. Williams was an personal friend, and I am deeply saddened by mourn the loss of their friend, brother and outstanding man who will always be remem- his tragic death. I wish to recognize his life leader. bered for his outstanding good deeds to his and achievements. As an expert in the Arabic language, Chief community and beyond. Judge Kinnaird spent his entire life in Ashley Warrant Officer Nason’s services were ex- f County. Graduating from Hamburg High tremely valuable to the Army, both in combat School in 1958, Judge Kinnaird worked for and in the classroom. After graduating from CONGRATULATING SYLVESTER Georgia Pacific Corporation for 26 years. In the DLI in 1996, he taught intelligence officers CROOM AND MSU the 1960s, he served as Justice of the Peace Arabic at both the DLI and Fort Gordon, GA. for six years. In his free time, Judge Kinnaird As a respected member of the DLI faculty, he HON. CHARLES W. ‘‘CHIP’’ PICKERING enjoyed both hunting and fishing. successfully fulfilled the mission of the institute OF MISSISSIPPI Most recently, Judge Kinnaird was elected by helping to develop proficient linguists who IN THE HOUSE OF REPRESENTATIVES to the post of Ashley County Judge, and would then be utilized for a variety of missions served as County Judge for nearly five years. Monday, December 8, 2003 that would support national security interests. During this time, he was a member of the Ar- The DLI, located in my congressional district, Mr. PICKERING. Mr. Speaker, I rise today kansas Judges Association and served on the is the world’s largest foreign language school. to congratulate Sylvester Croom, who was Southeast Arkansas Judges Association Exec- It is the Department of Defense’s only foreign named head football coach of the MSU Bull- utive Committee. Judge Kinnaird was also ac- language school that not only educates sol- dogs on December 1, and to salute Mis- tively involved in the SEARK Economic Devel- diers, sailors, marines and airmen in mission- sissippi State University for its wise choice in opment District. specific foreign languages, but also on the his- athletic leadership. My heart goes out to his wife of 44 years, tory, culture and current events in the region Mississippi State University chose Coach Emmie Crenshaw Kinnaird, their daughters, in which their language is spoken. The Croom based on his skill, his talent, his expe- Donna Shields and Tammy Streeter, and three courses are intensive and demanding as well rience and his resume. While race was not a grandchildren, Drew Shields, and Shelby and as incredibly adaptive, in order to reflect U.S. factor in the decision, I am mindful that Coach Sky Streeter. military priorities around the globe. Groom becomes the first black head football f Mr. Speaker, on behalf of a grateful nation, coach in the NCAA Southeastern Conference. I would like to offer condolences to Officer I am proud that it is a Mississippi institution RECOGNIZING KYLE EVAN Nason’s family and friends, as well as to those that has broken that color barrier. VULGAMOTT FOR ACHIEVING service members who will no longer benefit Coach Croom was born in Tuscaloosa, Ala- THE RANK OF EAGLE SCOUT from his exceptional leadership. This nation bama. Growing up in Mississippi’s eastern was privileged to have a person of his caliber neighbor, he played as starting center at the HON. SAM GRAVES serving in our armed forces. University of Alabama under legendary Coach OF MISSOURI f Paul ‘‘Bear’’ Bryant. After securing a bach- IN THE HOUSE OF REPRESENTATIVES elor’s in history, Croom played professionally CELEBRATION OF THE LIFE OF Monday, December 8, 2003 JAMES CULLEN WILLIAMS with the New Orleans Saints. He returned to the Crimson Tide as a graduate assistant (ob- Mr. GRAVES. Mr. Speaker, I proudly pause taining a master’s of educational administra- to recognize Kyle Evan Vulgamott, a very spe- HON. STEPHANIE TUBBS JONES tion) and as a linebackers coach. cial young man who has exemplified the finest OF OHIO He has served on the coaching staff of the qualities of citizenship and leadership by tak- IN THE HOUSE OF REPRESENTATIVES Tampa Bay Buccaneers, the Indianapolis ing an active part in the Boy Scouts of Amer- Monday, December 8, 2003 Colts, the San Diego Chargers (making it to ica, Troop 60, and in earning the most pres- Mrs. JONES of Ohio. Mr. Speaker, I rise the Super Bowl) and the Detroit Lions. Mis- tigious award of Eagle Scout. today to honor a pioneer in the legal profes- sissippi’s gain is Wisconsin’s loss. MSU gains Kyle has been very active with his troop, sion. J.C. Williams of Cleveland Heights, Ohio Croom as head coach as he concludes a participating in many scout activities. Over the passed away recently at the age of 82. His ef- strong season as running backs coach for the eight years Kyle has been involved with scout- forts to provide legal services for low-income Green Bay Packers where he has been on ing, he has earned 64 merit badges and has people through President Lyndon Johnson’s staff with Coach Mike Sherman since 2001. held numerous leadership positions, serving War On Poverty have set the standards for MSU is the flagship university in Mis- as Assistant Senior Patrol Leader, Den Chief, these practices to this day. sissippi’s Third Congressional district. Located Troop Historian, Bugler, Quartermaster, Patrol A native of Philadelphia, Pennsylvania, he in Starkville, Scott Field is home to Bulldogs Leader, Musician, Librarian, and Assistant Pa- served in the Army during World War II. He and cowbells. We are proud to welcome Syl- trol Leader. Kyle has also participated in High

VerDate jul 14 2003 06:28 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.054 E08PT1 E2480 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 Adventure, is a Warrior in the Tribe of Mic-O- Builders has remained in the family and con- ing the summer of 1987, he hired Phil Jackson Say and has received the God and Me, God tinued to grow. The business has evolved with as an assistant coach and later on as head and Family, and God and Church awards. the times and now constructs residential and coach. Jackson has since tied Red Auerbach For his Eagle Scout project, Kyle con- commercial buildings using state-of-art Com- with nine NBA titles, the most in NBA history. structed three benches on a trail at the Con- puter Aided Design and Drafting (CADD). He then hired replacement Tim Floyd, and servation Center. These benches will be used Now in the hands of Peter and Philip, the current head coach Bill Cartwright. Jerry by the many visitors to the Center. founder’s grandsons, Michael F. Simon Build- Krause also influenced drafting Hall of Fame Mr. Speaker, I proudly ask you to join me in ers continues to maintain the family tradition players, Earl Monroe and Wes Unseld, and commending Kyle Evan Vulgamott for his ac- and strives to create structures in Madison four NBA Rookies of the year with Monroe, complishments with the Boy Scouts of Amer- and the surrounding communities that have Unseld, Alvin Adams and Brand. Jerry Krause ica and for his efforts put forth in achieving the style beauty, quality and value. For nearly fifty effectively laid the foundation for the Chicago highest distinction of Eagle Scout. years, the Simon family has shown a firm Bulls’ decade of dominance. f commitment to improving our community Jerry Krause became the Bulls’ GM in 1985 through their extensive volunteerism with the after working for Bulls owner Jerry Reinsdorf TRIBUTE TO MR. RONALD RUBY Wisconsin Builders Association and the Na- as a scout with baseball’s Chicago White Sox. tional Association of Home Builders. He made a reputation in the NBA as a super- HON. SAM FARR The Simon’s ability to create and maintain a scout for the Baltimore Bullets in the late OF CALIFORNIA successful family business for 110 years is 1960s. With over 34 years of experience in IN THE HOUSE OF REPRESENTATIVES commendable and deserves recognition. I am professional sports, Jerry Krause has served proud to call Michael F. Simon Builders Wis- as a scout for Baltimore, Chicago, Phoenix Monday, December 8, 2003 consin’s own. I wish them continued success and the Los Angeles Lakers. For 16–years be- Mr. FARR. Mr. Speaker, I rise today to for another 110 years and beyond. fore the Bulls, his career soared as scout and honor the life of Mr. Ronald H. Ruby, whose f special assignment scout with the Cleveland lifelong commitment to educating others influ- Indians, Oakland A’s, Seattle Mariners, and enced lives of people from the Central Coast HONORING JERRY KRAUSE, EXEC- Chicago White Sox. of California to Norway. His mother, Ruth UTIVE VICE PRESIDENT OF THE After 19 years and six championships, Jerry Bittman, his wife Dorothy Ruby, two daugh- CHICAGO BULLS Krause is stepping away as the General Man- ters, two sons, and two grandchildren survive ager of the team that he loves. All of the Mr. Ruby, who passed away on November 5, HON. WILLIAM O. LIPINSKI moves paid off as Chicago won six titles from 2003. OF ILLINOIS 1991–98, setting an NBA record with 72 vic- Mr. Ruby was born in San Francisco, Cali- IN THE HOUSE OF REPRESENTATIVES tories in the 1995–96 season. The Bulls hon- fornia on December 1, 1932. He attended UC ored Jerry Krause during a halftime ceremony Monday, December 8, 2003 Berkeley, and after receiving a bachelor’s de- on Oct. 31, 2003, raising a banner to the gree in physics he served in the U.S. Navy. Mr. LIPINSKI. Mr. Speaker, I rise today to United Center rafters in homage to their Following his tenure in the Navy, Mr. Ruby re- pay tribute to a remarkable Chicagoan, Jerry former general manager. turned to Berkeley to obtain his PhD. He was Krause, Executive Vice President of Basket- The NBA, team, and fans alike will greatly subsequently recruited to join the faculty of ball Operations for my hometown team, the miss Jerry Krause upon his resignation. It is UC Santa Cruz as a physicist and remained Chicago Bulls. I would like to congratulate my pleasure to recognize Jerry Krause for his there from 1965 to 1991, while also con- Jerry Krause on eighteen successful seasons love for the game and passion for winning. I ducting research at UCSC and University of as General Manger and as the architect of the extend my heartiest wishes and warmest re- Oslo in Norway. I have been told that Mr. Bulls’ six World Championship Titles. Since gards in all his future endeavors. Mr. Speaker, Ruby was an amazing educator; his innovative 1985, Jerry Krause has played a major role in as Jerry Krause leaves behind a long and rich teaching techniques enthralled both students building domineering teams for Chicago and history with the Chicago Bulls, I would ask that and colleagues. has twice been named NBA Executive of the my colleagues join me in honoring this great Not only was Mr. Ruby an astonishing edu- Year by his peers in the 1987–88 and 1995– man. cator but he was also a loving husband, fa- 96 seasons. f Jerry Krause brought with him a vision of ther, and sports enthusiast. Mr. Ruby met his TRIBUTE TO JEROME ‘‘BUDDY’’ how to build a championship team and he pro- wife Dorothy Bell as he began graduate COOPER school at UC Berkeley. The two began a fam- ceeded to create one of the most dominant ily and raised four children in Santa Cruz. Mr. champions of all time. No basketball fan in Ruby enjoyed bike riding, competitive rowing, America can begin to imagine the Chicago HON. ARTUR DAVIS OF ALABAMA and Nordic skiing. He also found time to Bulls without his imprint. When Jerry Krause IN THE HOUSE OF REPRESENTATIVES coach the UCSC rugby team. arrived on the scene, Michael Jordan was the Mr. Ruby had an admirable career at UC only present piece of what would become the Monday, December 8, 2003 Santa Cruz and dedicated himself to teaching foundation of the Bulls’ dynasty. Two years Mr. DAVIS of Alabama. Mr. Speaker, I rise and research. I join the Santa Cruz community later, he began surrounding Jordan with the today to honor and pay tribute to Jerome in honoring the life of Mr. Ronald Ruby, whose key players who would help turn the Bulls into ‘‘Buddy’’ Cooper, a man who articulated, pio- dedication and contributions were truly com- champions. Jerry Krause drafted such re- neered, and embodied a progressive vision for mendable. nowned players as Scottie Pippen, Charles the working people of Alabama. On Tuesday, f Oakley, Horace Grant, B.J. Armstrong, Will October 14, Buddy passed away after 90 Perdue, Toni Kukoc, Elton Brand, Steve Kerr, years of a remarkable life. Those countless TRIBUTE TO MICHAEL F. SIMON Marcus Fizer, Jamal Crawford, Jerry Sloan, Alabamians who live better lives due to his ef- BUILDERS FAMILY BUSINESS Clifford Ray, Brad Davis, Trenton Hassell, Jay forts will mourn him dearly. Williams; signed key players Ron Harper, An Eagle Scout and graduate of Harvard HON. TAMMY BALDWIN John Paxson, Scott Williams, Ron Mercer, University, Buddy has continually served his OF WISCONSIN Eddie Robinson, Corie Blount, Donyell Mar- family, his nation, and his community. In 1937, IN THE HOUSE OF REPRESENTATIVES shall; traded for Bill Cartwright, Dennis Rod- Buddy became the first law clerk to U.S. Su- man and a host of others who wore the Bulls preme Court Justice Hugo Black of Alabama. Monday, December 8, 2003 uniform during those championship seasons. He remained at the right hand of this leg- Ms. BALDWIN. Mr. Speaker, I rise today to Jerry Krause has a skillful eye for spotting endary Justice for three years until he decided recognize a thriving small business in basketball talent and an insightful mentality of to answer another call. Joining the U.S. Navy Waunakee, Wisconsin. This year, the Michael how to build a winning team. He helped to in 1940, Buddy served his country for 44 F. Simon Builders family business celebrates build the dominant NBA team of the 1990s. months and during some of the bloodiest 110 years of service to the community. With Jerry Krause as GM, the Bulls won six ti- naval battles of the Second World War. Small businesses are vital to the American tles behind the play of Michael Jordan. One of Following his courageous war service, economy. Founder, Michael Simon began con- Jerry Krause’s most brilliant moves was bring- Buddy returned to Birmingham to begin a long structing farm buildings in Dane County in ing the man who could possibly be the great- legal career fighting the good fight for the un- 1893, and through the years Michael F. Simon est coach in NBA history into the league. Dur- fortunate, the poor, the disposed, all those

VerDate jul 14 2003 06:28 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.058 E08PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2481 whom the Scriptures name ‘‘the least of Stansbury farms. He milked cows as well as which to complete the job because the ships these’’ and was a constant thorn in the side of caring for a herd of Angus beef cattle. His wanted to leave the harbor while it was still those who wished to take advantage of them. other jobs included working for a plumbing daylight. There was too much danger from and heating business, doing construction and Japanese air strikes to chance staying there In 1963, President John F. Kennedy recog- cement work, and spending ten months as a at night.’’ nized Buddy’s work for social justice and racial maintenance man at the hospital in Harvey Strauss said that the first night at Guadal- reconciliation by inviting him to a meeting of In January of 1941 Strauss joined the Na- canal was the most frightening time which 240 attorneys that later became the Lawyers’ tional Guard. ‘‘I was 27 years old when I he experienced during his entire tour of Committee for Civil Rights under Law—the joined the guard,’’ commented Strauss. duty. ‘‘We sat on the beach,’’ he said. ‘‘There group credited with providing official legal sup- ‘‘Most of the guys signing up were only 18. was a lot of confusion with people milling port to those civil rights activists and organiza- We organized our own company. Up to that around. There were air raids going on and we were pretty scared because of the lack of tions challenging segregation and racial dis- time, Harvey did not have a Guard unit of its own, although there were several units in protection. In the evening they lined us up in crimination across the country. In 1996, Buddy surrounding towns. Since there was a need formation and told us to march. I did not was awarded the Lifetime Achievement Award for an anti-tank company, that is what our know where we were going. I just followed for his decades-long participation with this se- unit became.’’ the guy in front of me. Suddenly all hell lect group. Shortly after Harvey’s National Guard broke loose! There were Japanese ships in Buddy demonstrated the same tenacity and unit was organized. its members were the bay and they were attacking Guadal- loyalty towards his family that he exhibited in shipped to Camp Claiborne, Louisiana, where canal. The attack from air and sea lasted until morning. The area was all lit up by the every other aspect of his life. Married to his they underwent training for ten months. Then came the attack on Pearl Harbor, explosions. We got initiated fast! We felt wife Lois for over 50 years, Buddy exemplified which pushed the United States into World completely helpless.’’ ‘‘The main target of an honest and loving husband, caring for his War II and the National Guard into active the attack was the airbase at Henderson wife throughout the years of her illness. Their duty. Field. The Japanese had originally built the children, Ellen and Carol, were blessed to ‘‘It wasn’t long after the attack on Pearl airstrips and the United States had taken have a father who wanted nothing more than Harbor that we were loaded on a troop train control of the base. The Japanese wanted it to love them and watch them grow up in an for San Francisco. We expected to get sent back. Around 10,000 Japanese troops landed on the island. They were on the opposite end Alabama that was better than the one in which overseas immediately, but we were instead sent up north to guard installations such as of the island from where we had landed. The he grew up. roads and bridges which were thought to be Japanese would come in swarms at night but I am proud, Mr. Speaker, today to honor Je- vulnerable to attack by the Japanese. we were safer on our side of the island than rome ‘‘Buddy’’ Cooper for his tremendous ac- In March of 1942 Strauss and his fellow we would have been if we had landed on the complishments. But, Mr. Speaker, I do so with guardsmen were loaded onto an old luxury other side.’’ the bittersweet knowledge that Alabama will liner, the President Coolidge, for their long Strauss explained that his battalion’s first be lesser tomorrow for his passing. trip to Melbourne, Australia. ‘‘The ship was objective was to entrench their 37 millimeter nice,’’ recalls Strauss. ‘‘It still had a swim- guns along the beach. ‘‘We were sent in to f ming pool and a continental lounge with a help the Marines at Guadalcanal,’’ he said. TRIBUTE TO JOHN STRAUSS’S grand piano. I enjoyed sitting around listen- ‘‘We served under General Vandegrift, Com- mander of the 1st Marine Division. LIFE AND MILITARY SERVICE ing to various soldiers playing boogie-woogie music on that piano. But the ship was very As a result of their service under the Ma- crowded! There were many other soldiers be- rines at Guadalcanal, Strauss and his fellow HON. EARL POMEROY sides our battalion on board. I believe there members of the 164th infantry were each awarded the Presidential Unit Citation, OF NORTH DAKOTA were about 5,000 of us in all. The ship had which is given by the commander of the regi- IN THE HOUSE OF REPRESENTATIVES two-room apartments with a bath between. Each had been made to house a husband and ment. ‘‘To my knowledge we were the only Monday, December 8, 2003 wife. The single compartments designed for army outfit in the world to get a citation one person were each crammed with about a from the Marines,’’ said Strauss. Mr. POMEROY. Mr. Speaker, I recently had Strauss states that his main job was to dozen soldiers in bunk beds.’’ guard the beach area. He manned a 37 milli- the privilege of meeting with John Strauss, Strauss does not complain about the ac- meter gun entrenched in the sand. ‘‘I was one of North Dakota’s distinguished World commodations. He says he was happy with glad to stay there instead of going farther War II veterans at the North Dakota Veterans two decent meals a day. He spent much of onto the island,’’ he said. ‘‘We stayed there Home. John’s unit, the 164th Infantry Bat- his time on the deck of the large ship. ‘‘I for six months. There were a few small bat- loved it on the water,’’ he said. ‘‘I didn’t get talion, saw more than 600 days of fierce com- tles, but we were mostly mopping up.’’ bat in the South Pacific. For his heroism, John seasick. I liked to stand on deck and watch ‘‘The Marines left in January and we fol- was awarded a Bronze Star and a Purple the waves roll by.’’ lowed in March,’’ said Strauss. He explains After a long ocean voyage, the ship finally Heart. that by the time they left Guadalcanal most reached Melbourne. ‘‘We had to unload all of the men in his outfit had dysentery and/or I would like to include in the RECORD an arti- our gear and equipment from that ship onto cle from the Ransom County Gazette in North malaria. three small Dutch ships which were waitin ‘‘Most of us were sent to the Fiji Islands Dakota about John’s life and military service. for us in the harbor.’’ said Strauss. ‘‘They for some R & R (rest and relaxation) time,’’ [From the Ranson County Gazette] were old wooden vessels with crews from the related Strauss. Some members of his divi- Indonesian island of Java. The crew members NDVH RESIDENT, JOHN STRAUSS TELLS OF sion enjoyed their vacation, but Strauss were dirty and used to eating tired old mut- HIS WORLD WAR II EXPERIENCES spent five months in the hospital because of ton for meat. It didn’t look or smell fit to (By Janet Hansen) a tropical ulcer on his leg. The ulcer started eat, and tasted as bad as it looked, but I as a sand fly bite and became infected by his John Strauss, a resident of the North Da- managed to eat enough to get by.’’ boot rubbing on it. After two and a half kota Veterans Home (NDVH), Lisbon, was a The old Dutch ships took the soldiers to months with no results in the treatment of member of the U.S. Army’s 164th Infantry New Caledonia, a French held island in the of the ulcer, a doctor tried grafting some Batallion which spent three years in the South Pacific east of Australia. It was be- skin over the ulcerated area. After that it fi- South Pacific during World War II. Strauss, lieved that that island might be one of the nally began to heal and he was released from who recently celebrated his 90th birthday, next Japanese targets. The troops imme- the hospital. can still recall clearly the details of that diately set about fortifying the beach by ‘‘I was out of the hospital for one day,’’ time in America’s history. digging in gun enplacements. The soldiers said Strauss, ‘‘and I came down with ma- Strauss was born on September 5, 1913. He lived in tents. It was hot and humid during laria.’’ I spent another two and a half was next to the youngest in a family of six the day but cooled off at night. The Japanese months in the hospital recuperating.’’ By the boys and two girls. He and his younger sis- attack which had been expected did not time Strauss got out of the hospital his com- ter, Mary Bartholomay of Sheldon, are the come. Strauss recalls hearing that some pany’s R & R time was over and it was time last two surviving siblings. He was raised on troops encountered problems with the Com- to train once again. a farm near Harvey, North Dakota and at- munist French but it didn’t affect those with ‘‘We were in Fiji for a total of nine tended the Whitby School, a one-room coun- whom he was encamped on the shoreline.’’ months,’’ said Strauss. ‘‘From there we were try school located just a half mile from the From New Caledonia, Strauss and his fel- shipped to Bougainville Island, where we Strauss farmstead. He received his high low soldiers were sent to Guadalcanal in the stayed for the next year. Again, we were sent school education at Harvey High School, Solomon Islands. ‘‘We only found out a day there to do some mopping up. We saw action, from which he graduated in 1932. in advance that we were to be sent there,’’ but it was usually small attacks. However I Following his graduation from high school, Strauss said. ‘‘We arrived there just after actually saw more action there than I had Strauss worked at various farm and con- daylight. We had to unload our own ships previously.’’ struction jobs. He spent some time working with small boats that ferried the cargo from Strauss explained that he served as ser- in the Sheldon area on the Muscha and the large ship to shore. We had only a day in geant of a flame thrower platoon. ‘‘I had 26

VerDate jul 14 2003 06:28 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.063 E08PT1 E2482 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2003 men under me,’’ he said. ‘‘Of those 26, 13 lost Strauss’s sister Mary and several nephews distinction as an attorney, legislator, State offi- their lives during our stay on Bougainville and nieces were on hand to help him cele- cial and finally U.S. Federal judge. His un- Island. Our job was to dig machine gun nests brate. timely death is being mourned by numerous out of the big banyon tree roots where the Outside of some arthritis and a few heart Japanese had placed them. It was my job to problems Strauss said he is doing fine. He ex- friends and supporters and his passing leaves lay down in a root trench and receive the plained that he got the flu last spring and a tremendous void in the U.S. Eastern District flame throwers from one of my men. I would was sick for several months. However, once of Texas. then drop the flame thrower down a hole he recuperated from that bout he has been President Bill Clinton appointed John to the which looked like a gopher hole to try to de- back to his old self. ‘‘They are so good to me Federal bench in 1994, and he had been chief stroy the machine guns.’’ Strauss would then here,’’ he said. ‘‘Anything you need, you get. judge for the Eastern District since 2001. Gov- have to scramble out of the hole as quickly The staff people are always smiling. I ernor Ann Richards named him the Texas as possible. We continued that dangerous couldn’t have found a better home any- Secretary of State in January 1991 on the day mission for seven days but were unable to where.’’ she was inaugurated, and one of his projects burn the machine gun nests out.’’ He explains that the flame throwing itself f was working on passage of a new ethics law was not the hard part of the mission. The dif- RECOGNIZING JIM AYERS for State officials. ficult part was getting back to their line John was elected to the Texas Legislature without being hit by enemy fire. in 1966, representing Angelina, Trinity, San He goes on to explain that on one of his HON. MARSHA BLACKBURN Jacinto and Polk counties for three terms. He flame throwing missions he received a head OF TENNESSEE attended South Texas College of Law while wound which was believed to have been from IN THE HOUSE OF REPRESENTATIVES shrapnel but which he describes as ‘‘just a serving as a State lawmaker. He then served nick or scratch.’’ For that wound he received Monday, December 8, 2003 as district attorney for Angelina County from 1973 to 1975 and served as legal counsel for a Purple Heart which he proudly displays Mrs. BLACKBURN. Mr. Speaker, I rise with his other medals. He also received a the public interest group, Common Cause. In Bronze Star for meritorious service while today to honor an incredible citizen of the 7th 1977 President Jimmy Carter appointed him under the call of duty. district of Tennessee. U.S. attorney for the Eastern District, a posi- From Bougainville the 164th Infantry was Jim Ayers is the founder of the Ayers Foun- tion he held until 1981. shipped to the Philippines. Shortly after ar- dation; since the fall of 2000, the Ayers Foun- John also served in the U.S. Navy for 4 riving there, Strauss came down with a dation has given as much as $4,000 a year in strange skin disease. He received orders to years. He grew up in Diboll, graduated from scholarships to every high school graduate Sam Houston State University and was hon- go to the medics and, as a result, ended up in from Decatur County who agrees to go to col- the hospital again. After a couple weeks he ored as a Distinguished Alumnus in 1993. was shipped back to the United States, since lege or technical school. Yes, I said every high Judge Hannah’s integrity and commitment his skin condition seemed to be getting school graduate. to ethics are evident in his distinguished worse instead of better. He was hospitalized Jim is a success in the health care, banking, record of public service and in his many sig- at Harmon General Hospital in Longview, real estate businesses to name a few—how- nificant accomplishments on behalf of Texans. Texas for a few months and then was sent ever, he has never forgotten his native Deca- He was an accomplished jurist and statesman home for a month. An army doctor in Texas tur County. Every community would be fortu- diagnosed his skin condition, which had been whose word was his bond and whose commit- nate to have a Jim Ayers. ment to rendering fair decisions was well- previously thought to be ‘jungle rot,’ as der- It took Mr. Ayers about eight years to put to- matitis. Once the correct diagnosis was made known and highly respected. He leaves a and proper treatment provided, his skin gether an endowment and a staff of coun- powerful legacy for those in public service and cleared up. He told his doctor that he was selors to work with the students of Riverside in the practice of law to emulate. afraid of getting it back when he went back High School and Scotts Hill High School. The John’s wife, U.S. Magistrate Judith Guthrie to the Philippines, since it seemed to be the benefits that the students of these schools of Tyler, is a respected jurist in her own right dirty conditions in which the soldiers were have received is evidence that Jim Ayers is and was with him at the time of his death. Our forced to live that caused it. The doctor re- doing a great thing for our young people. plied that he did not have to be afraid of that hearts go out to her and to his father, John Only 25 percent of Riverside graduates pur- Hannah Sr.; son, John Hannah III; brother, happening because he was sending him home sued some form of postsecondary education instead. James Hannah; and granddaughter, Rebecca. In June of 1945 Strauss was sent to Fort before the scholarships were available. But Their loss, though certainly more personal, is Snelling where papers were filled out for his the participation rate immediately shot up to shared by all those who knew and admired discharge. He was then sent back to his 75 percent when the Ayers Foundation began. Judge Hannah. home town of Harvey. And now 90 percent of students at this school Mr. Speaker, as the House adjourns for After his discharge Strauss went back to are able to further their education beyond high work at the plumbing and heating business business this year, let us do so by recognizing school. the remarkable contributions of this dedicated where he had been formerly employed. He He not only provides financial assistance to was sent to a private machine shop in public servant, outstanding Texan and great Wahpeton for six months of training, on a the aspiring high school seniors, he has a di- American to whom we pay tribute and pay our lathe. He later spent some time working on rect talk with the students—telling them ‘‘if last respects today—Judge John Hannah, Jr. a ranch in the Bowman area. He then an- anyone is going to take care of them, it’s got May God bless his family in their time of sor- swered an ad for a maintenance worker at to be themselves.’’ row. the Harvey hospital and was hired. He even- It is with great appreciation that I honor Mr. f tually became head of maintenance there Jim Ayers for his service to community and for and worked there for six years. his commitment to education. RECOGNIZING DR. JAMES E. OWEN, He left that position in 1969 and went to AN EDUCATOR HIS ENTIRE LIFE work for the Bureau of Reclamation with a f crew that was working on the McClusky REMEMBERING FEDERAL JUDGE Dam. He worked at the commissary at the HON. MIKE ROGERS JOHN HANNAH Fortuna Air Force Base at Crosby for a while OF ALABAMA and then worked in Housing and IN THE HOUSE OF REPRESENTATIVES Maintainence at the same base for a couple HON. RALPH M. HALL years. Monday, December 8, 2003 Strauss retired in 1975, at 62 years of age, OF TEXAS and moved into an apartment in Harvey. He IN THE HOUSE OF REPRESENTATIVES Mr. ROGERS of Alabama. Mr. Speaker, I rise today to pay tribute to Dr. James E. Owen continued to do odd jobs in the Harvey area. Monday, December 8, 2003 When his health began to fail in 1998 whose professional education career has Strauss moved to the North Dakota Veterans Mr. HALL. Mr. Speaker, I rise today with a spanned 40 years. Home. ‘‘I always had it in mind that I want- heavy heart to mourn the sudden passing of Dr. Owen received his education at Jack- ed to live here some day,’’ said Strauss. ‘‘I Federal Judge John H. Hannah, Jr., chief sonville State Teachers College, the University had visited the home a few times and judge for the U.S. Eastern District of Texas, of Alabama and Auburn University and began thought it was a nice place. I have never who died this past Thursday while attending a teaching in the Talladega (Alabama) City been sorry for a minute that I came here.’’ Strauss celebrated his 90th birthday with judicial conference in Florida. John was 64. School System in 1949. His career was briefly cake and ice cream treats at the NDVH in Judge Hannah was an esteemed and re- interrupted while Dr. Owen was on active duty September. His nephew, David Strauss, Val- spected jurist and public servant who served with the United States Army during the Korean ley City, planned a big party for him. the State of Texas and his fellow citizens with Conflict. It was during his service at Camp

VerDate jul 14 2003 06:28 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.067 E08PT1 December 8, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2483 Chaffee, Arkansas, that Dr. Owen married Es- the Stein family great happiness and joy in the Coalition (NNOAC), which represents forty telle Bain, who herself had a 39-year career in coming years. state narcotic officers’ associations and more public education. f than sixty thousand police officers from around After his active Army, Army Reserve and the country. Because of his expertise in drug Alabama National Guard Service, Dr. Owen IN MEMORY OF JACK KERRIGAN enforcement, Jack was frequently called upon returned to Talladega, Alabama, and served to represent CNOA and the NNOAC in Wash- as Principal of Dixon Junior High School and HON. MARK E. SOUDER ington, D.C. with members of Congress, the then of Benjamin Russell High School in Alex- OF INDIANA Administration, and Federal law enforcement ander City, Alabama. He also served as As- IN THE HOUSE OF REPRESENTATIVES agencies. During the September 11, 2001, sistant Principal of Southwest DeKalb High Monday, December 8, 2003 emergency, Jack traveled to Washington School in DeKalb County, Georgia; and then where he met with senior administration offi- as a Staff Member of the Auburn University Mr. SOUDER. Mr. Speaker, it is with great cials and members of Congress to discuss the School of Education. In 1965, Dr. Owen was sadness that I rise today to announce the nexus between drug trafficking and terrorism. named Assistant Superintendent of the Annis- passing of John ‘‘Jack’’ Kerrigan, long time During that trip Jack was exposed to anthrax ton (Alabama) City School System and Super- narcotic officer and one of the founding mem- in the Hart Senate Office Building. intendent of the Phenix City, Alabama, School bers of the Northern California HIDTA. Jack During Jack’s law enforcement career, he System in 1968 to 1969. In 1976, Dr. Owen died December 1, 2003 in San Francisco, fol- was selected for many special assignments was named Assistant State Superintendent of lowing a brief battle with cancer. His leader- and projects. In 1966, he was the first San Education by the Alabama State Board of ship has inspired many law enforcement offi- Francisco Police Officer to attend the FBI’s Education and later as Alabama’s first Deputy cers and lawmakers to continue the fight National Academy in Washington, D.C. He State Superintendent of Education. In 1980, against illegal drugs. He will be deeply missed was also selected by the U.S. Department of the Alabama State Board of Education named by the law enforcement community and it is an Justice, in the fall of 1974, to travel to England Dr. Owen as President of Chattahoochee Val- honor to remember him today. to work with London’s famed Scotland Yard ley State Community College in Phenix City, Jack joined the San Francisco Police De- for three months. partment in 1949. During his distinguished thir- Alabama, a position he maintained for 12 Following his retirement in 1981, Jack went years until his retirement in 1992. ty-two year career, he served in many capac- ities but the majority of his career was spent to work for the California Department of Jus- During his career, Dr. Owen maintained tice as a Regional Coordinator for the Western membership in local, state and national pro- in the narcotic bureau. in 1955, the San Fran- cisco Police Department formed the first mu- States Information Network (WSIN), a multi- fessional education organizations such as the state information sharing and assistance unit National Education Association, the Alabama nicipal police narcotics unit in the nation and Jack was selected as one of its investigators. serving law enforcement throughout the West. Education Association, the Alabama Associa- Jack worked for WSIN until his death, giving tion of Secondary School Principals, the Na- Jack remained in that assignment as a Patrol- man, Assistant Inspector, Sergeant, and In- him the distinction of serving in law enforce- tional Association of Secondary School Prin- ment for more than 54 years. In that job, Jack cipals, the American Association of Commu- spector until 1969, when he was promoted to Lieutenant of Police. Jack returned as the Unit worked with narcotic officers and senior law nity and Junior Colleges, and the Alabama enforcement officials throughout his region, Council of Community and Junior College Commander from 1970 to 1976 where he led the department’s drug enforcement efforts in- which stretched from San Luis Obispo to the Presidents of which he was President in 1985. Oregon border. After his retirement, he remained in Phenix cluding the investigation of many large drug Jack was also an educator with both Cali- City, being active in the Russell County and trafficking organizations. fornia and Idaho teaching credentials. He Alabama Retired Teachers Associations as Because of his long tenure in narcotic en- served on the faculty of San Francisco City well as other community affairs. Dr. Owen and forcement, Jack was recognized as one of the College in the Department of Criminology from his wife now live in Birmingham, Alabama. nation’s leading experts on drug abuse and 1966 to 1981. He was also a guest lecturer at I salute Dr. Owen and his wife for their com- narcotic enforcement. He was a founding the University of Idaho, University of California mitment to the education of the students of member of the California Narcotic Officer’s As- Medical School, Santa Clara University, and Alabama. sociation (CNOA) and served as that organi- the University of San Francisco. Jack was the f zation’s second President in 1966. With Jack’s leadership, CNOA grew from two hundred author of several articles published in the HONORING THE BIRTH OF YONINA members to more than seven thousand state- FBI’s Law Enforcement Journal, the CNOA ALEXANDRA STEIN wide. It is now recognized as the premier law magazine, and other professional publications. enforcement training association in the coun- Jack was married to his high school sweet- HON. ERIC CANTOR try. Jack continued to serve on CNOA’s Exec- heart, the former Elaine Taylor, for 49 years. OF VIRGINIA utive Board until the time of his death and Together they had five children, John F. Kerrigan III M.D. and his wife Jackie, Law- IN THE HOUSE OF REPRESENTATIVES rarely missed a board meeting. Jack was present at CNOA’s recent conference in Sac- rence Kerrigan, Patricia Von Koss and her Monday, December 8, 2003 ramento, where he received a standing ova- husband Eben, Paul Kerrigan, and James Mr. CANTOR. Mr. Speaker, I rise today to tion from the conference’s two thousand Kerrigan, a Special Agent Supervisor with the congratulate Shimon and Leah Stein on the attendees when the President’s award was re- California Bureau of Narcotic Enforcement and birth of their daughter, Yonina Ariela Stein. In named, ‘‘The Jack Kerrigan Award’’, in honor his wife Catherine. Jack and Elaine also addition to her Hebrew name, Yonna also has of Jack’s commitment to CNOA and the law shared the love of their eleven grandchildren. an American name, Reagan Alexandra. The enforcement profession. Jack had been pre- Jack will be remembered as a loving hus- family will call her Yoni. Born, October 2, sented the President’s Award in 1999 by then band, dedicated family man, courageous po- 2003, at George Washington University Hos- CNOA President Christy McCampbell. lice and naval officer, proud San Franciscan, pital, Yoni is Shimmy and Leah’s first child. In 1994, Jack was a founding member of pioneer in narcotic enforcement, and a patriot Mr. Speaker, I hope you will join me in wishing the National Narcotic Officers’ Associations’ who loved is country.

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HIGHLIGHTS See Re´sume´ of Congressional Activity. The House agreed to the conference report on H.R. 2673, Consolidated Appropriations Act for Fiscal Year 2004. The House agreed to H.J. Res. 82, making further continuing appropria- tions for fiscal year 2004. Senate Chamber Action Committee Meetings The Senate was not in session today. It will next No committee meetings were held. meet on Tuesday, December 9, 2003, at 10 a.m. h House of Representatives Consolidated Appropriations Act for FY 2004: Chamber Action The House agreed to the conference report on H.R. Measures Introduced: 49 public bills, H.R. 2673, making appropriations for Agriculture, Rural 3651–3699; 1 private bill, H.R. 3700; and 19 reso- Development, Food and Drug Administration, and lutions, H.J. Res. 82–83; H. Con. Res. 345–348, Related Agencies for the fiscal year ending Sep- and H. Res. 474–485, were introduced. tember 30, 2004 (also contains FY2004 appropria- Pages H12917–21 tions for Agriculture, Commerce-Justice-State, Dis- trict of Columbia, Foreign Operations, Labor-HHS- Additional Cosponsors: Pages H12921–23 Education, Transportation-Treasury, and VA–HUD), Reports Filed: Reports were filed as follows today: by a yea-and-nay vote of 242 yeas to 176 nays, Roll H. Res. 473, waiving points of order against the No. 676. Pages H12766–H12845 conference report to accompany H.R. 2673, making Agreed to H. Res. 473, providing for consider- appropriations for Agriculture, Rural Development, ation of the conference report, by a recorded vote of Food and Drug Administration, and Related Agen- 216 ayes to 189 noes, Roll No. 675, after agreeing cies for the fiscal year ending September 30, 2004 to order the previous question by a yea-and-nay vote (H. Rept. 108–402); of 214 yeas to 189 nays, Roll No. 674. H.R. 3478, to amend title 44, United States Pages H12760–65 Code, to improve the efficiency of operations by the Agreed to H. Res. 465, providing for same day National Archives and Records Administration (H. consideration of H. Res. 473, the rule providing for Rept. 108–403). Page H12917 consideration of the conference report, by a recorded vote of 212 ayes to 182 noes, Roll No. 673, after Speaker: Read a letter from the Speaker wherein he agreeing to order the previous question by a yea- appointed Representative Boozman to act as Speaker and-nay vote of 211 yeas to 179 nays, Roll No. 672. pro tempore for today. Page H12747 Pages H12754–60 Recess: The House recessed at 10 a.m. and recon- Question of Privileges of the House: The House vened at 11 a.m. Page H12751 agreed to table H. Res. 474, concerning a matter of D1345

VerDate jul 14 2003 06:00 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D08DE3.REC D08DE3 D1346 CONGRESSIONAL RECORD — DAILY DIGEST December 8, 2003 the privileges of the House, by a yea-and-nay vote lish an exchange program between Federal law en- of 207 yeas to 182 nays, Roll No. 677. forcement employees and State and local law enforce- Pages H12846–54 ment employees. Pages H12864–65 Committee to Notify the President: The House Continuing Appropriations for FY 2004: The agreed to H. Res. 476, providing for a committee of House passed H.J. Res. 82, making further con- two Members to be appointed by the House to wait tinuing appropriations for fiscal year 2004. upon the President of the United States and inform Page H12865 him that the two Houses have completed its busi- Carter G. Woodson Home National Historic Site ness of the session and are ready to adjourn, unless Establishment Act of 2003: The House agreed to the President has some other communication to the Senate amendments to H.R. 1012, to establish make to them. Subsequently, the Chair announced the Carter G. Woodson Home National Historic Site the appointment of Representatives DeLay and Pelosi in the District of Columbia. Pages H12865–66 to the committee. Page H12854 Captive Wildlife Safety Act: The House agreed to Resignations—Appointments: Agreed that for the the Senate amendments to H.R. 1006, to amend the remainder of the 108th Congress, the Speaker, the Lacey Act Amendments of 1981 to further the con- Majority Leader and Minority Leader be authorized servation of certain wildlife species. Page H12866 to accept resignations and to make appointments au- thorized by law or by the House. Page H12854 Coconino and Tonto National Forests Land Ex- change: The House agreed to the Senate amend- Extension of Remarks: Agreed that Members may ments to H.R. 622, to provide for the exchange of have until publication of the last edition of the Con- certain lands in the Coconino and Tonto National gressional Record authorized for the first session of Forests in Arizona. Page H12866 the 108th Congress by the Joint Committee on Printing to revise and extend their remarks and to Preserving Independence of Financial Institution include brief, related extraneous material on any Examinations Act of 2003: The House passed S. matter occurring before the adjournment of the first 1947, to prohibit the offer of credit by a financial session sine die. Page H12854 institution to a financial institution examiner. CAN–SPAM Act of 2003: The House agreed to the Pages H12866–67 Senate amendments to the House amendments on S. Tax on Imported Archery Products: The House 877, to regulate interstate commerce by imposing passed H.R. 3652, to amend the Internal Revenue limitations and penalties on the transmission of un- Code of 1986 to modify the taxation of imported solicited commercial electronic mail via the Internet. archery products. Pages H12867–68 Pages H12854–61 Servicemembers Civil Relief Act: The House Defense Production Act Reauthorization of agreed to the Senate amendments to H.R. 100, to 2003: The House agreed to the Senate amendments restate, clarify, and revise the Soldiers’ and Sailors’ to the House amendments on S. 1680, to reauthorize Civil Relief Act of 1940. Pages H12868–78 the Defense Production Act of 1950. Pages H12861–62 American Dream Downpayment Act: The House Printing of House Document: The House agreed passed S. 811, to support certain housing proposals to H. Con. Res. 345, authorizing the printing as a in the fiscal year 2003 budget for the Federal Gov- House document of the transcripts of the pro- ernment, including the downpayment assistance ini- ceedings of ‘‘The Changing Nature of the House tiative under the HOME Investment Partnership Speakership: The Cannon Centenary Conference’’, Act, and for other purposes. Pages H12889–92 sponsored by the Congressional Research Service on Senate Messages: Messages received from the Senate November 12, 2003. Page H12862 today appear on pages H12747–48. Mental Health Parity Reauthorization Act of Senate Referral: S. 33 was referred to the Commit- 2003: The House passed S. 1929, to amend the Em- tees on Resources and Agriculture; S. 1537 was re- ployee Retirement Income Security Act of 1974 and ferred to the Committee on Resources; S. 1683 was the Public Health Service Act to extend the mental referred to the Committee on Government Reform; health benefits parity provisions for an additional S. 99, S. 103, S. 460, S. 541, S. 848, S. 1130, and year. Pages H12863–64 S. 1920 were referred to the Committee on the Judi- Federal Law Enforcement Pay and Benefits Par- ciary; S. 648 and S. 1881 were referred to the Com- ity Act of 2003: The House passed S. 1683, to pro- mittee on Energy and Commerce; and S. 1402 was vide for a report on the parity of pay and benefits referred to the Committee on Transportation and In- among Federal law enforcement officers and to estab- frastructure. Page H12909

VerDate jul 14 2003 06:00 Dec 09, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D08DE3.REC D08DE3 December 8, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D1347 Presidential Message: Read a letter from the Presi- S.J. Res. 18, commending the Inspectors General dent wherein he transmitted the annual report of the for their efforts to prevent and detect waste, fraud, Railroad Retirement Board—referred to the Com- abuse, and mismanagement, and to promote econ- mittees on Transportation and Infrastructure and omy, efficiency, and effectiveness in the Federal Gov- Ways and Means. Page H12878 ernment during the past 25 years. Signed on Decem- Message from the Clerk: Read a letter from the ber 1, 2003. (Public Law 108–139). Clerk wherein he designated Gerasimos C. Vans, S.J. Res. 22, recognizing the Agricultural Re- Deputy Clerk, to sign any and all papers and do search Service of the Department of Agriculture for other acts under the name of the Clerk of the House 50 years of outstanding service to the Nation of Representatives, or if Mr. Vans is not available, through agricultural research. Signed on December then Mr. Daniel J. Strodel, Assistant to the Clerk or 1, 2003. (Public Law 108–140). Ms. Marjorie C. Kelaher, Assistant to the Clerk S. 1590, to redesignate the facility of the United should perform these duties. Pages H12878–79 States Postal Service, located at 315 Empire Boule- vard in Crown Heights, Brooklyn, New York, as the Quorum Calls—Votes: Four yea-and-nay votes and ‘‘James E. Davis Post Office Building’’. Signed on two recorded votes developed during the proceedings December 1, 2003. (Public Law 108–141). of the House today and appear on pages S. 254, to revise the boundary of the Kaloko- H12758–59, H12759–60, H12765, H12766, Honokohau National Historical Park in the State of H12845, and H12853–54. There were no quorum Hawaii. Signed on December 2, 2003. (Public Law calls. 108–142). Adjournment: The House met at 9:30 a.m. and at S. 867, to designate the facility of the United 9:40 p.m., in accordance with the provisions of H. States Postal Service located at 710 Wicks Lane in Con. Res. 339, the first session of the 108th Con- Billings, Montana, as the ‘‘Ronald Reagan Post Of- gress adjourned sine die. fice Building’’. Signed on December 2, 2003. (Pub- lic Law 108–143). S. 1718, to designate the facility of the United Committee Meetings States Postal Service located at 3710 West 73rd Ter- CONFERENCE REPORT—CONSOLIDATED race in Prairie Village, Kansas, as the ‘‘Senator James APPROPRIATIONS ACT, 2004 B. Pearson Post Office’’. Signed on December 2, 2003. (Public Law 108–144). Committee on Rules: Granted, by voice vote, a rule H.R. 3182, to reauthorize the adoption incentive waiving all points of order against the conference re- payments program under part E of title IV of the port to accompany H.R. 2673, Consolidated Appro- Social Security Act. Signed on December 2, 2003. priations Act, 2004, and against its consideration. (Public Law 108–145). The rule provides that the conference report shall be H.R. 23, to amend the Housing and Community considered as read. Testimony was heard from Chair- Development Act of 1974 to authorize communities man Young and Representatives Obey and Andrews. to use community development block grant funds f for construction of tornado-safe shelters in manufac- tured home parks. Signed on December 3, 2003. NEW PUBLIC LAWS (Public Law 108–146). (For last listing of Public Laws, see DAILY DIGEST, p. D1337) H.R. 1683, to increase, effective as of December H.R. 1588, to authorize appropriations for fiscal 1, 2003, the rates of disability compensation for vet- year 2004 for military activities of the Department erans with service-connected disabilities and the rates of Defense, for military construction, and for defense of dependency and indemnity compensation for sur- activities of the Department of Energy, to prescribe vivors of certain service-connected disabled veterans. personnel strengths for such fiscal year for the Signed on December 3, 2003. (Public Law Armed Forces. Signed on November 24, 2003. (Pub- 108–147). lic Law 108–136). H.R. 1904, to improve the capacity of the Sec- H.R. 2754, making appropriations for energy and retary of Agriculture and the Secretary of the Inte- water development for the fiscal year ending Sep- rior to conduct hazardous fuels reduction projects on tember 30, 2004. Signed on December 1, 2003. National Forest System lands and Bureau of Land (Public Law 108–137). Management lands aimed at protecting communities, S. 1066, to correct a technical error from Unit watersheds, and certain other at-risk lands from cata- T–07 of the John H. Chafee Coastal Barrier Re- strophic wildfire, to enhance efforts to protect water- sources System. Signed on December 1, 2003. (Pub- sheds and address threats to forest and rangeland lic Law 108–138). health, including catastrophic wildfire, across the

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landscape. Signed on December 3, 2003. (Public S. 1720, to provide for Federal court proceedings Law 108–148). in Plano, Texas. Signed on December 3, 2003. (Pub- H.R. 2744, to designate the facility of the United lic Law 108–157). States Postal Service located at 514 17th Street in S. 1824, to amend the Foreign Assistance Act of Moline, Illinois, as the ‘‘David Bybee Post Office 1961 to reauthorize the Overseas Private Investment Building’’. Signed on December 3, 2003. (Public Corporation. Signed on December 3, 2003. (Public Law 108–149). Law 108–158). H.R. 3175, to designate the facility of the United H.R. 2622, to amend the Fair Credit Reporting States Postal Service located at 2650 Cleveland Ave- Act, to prevent identity theft, improve resolution of nue, NW in Canton, Ohio, as the ‘‘Richard D. Wat- consumer disputes, improve the accuracy of con- kins Post Office Building’’. Signed on December 3, sumer records, make improvements in the use of, 2003. (Public Law 108–150). and consumer access to, credit information. Signed H.R. 3379, to designate the facility of the United on December 4, 2003. (Public Law 108–159). States Postal Service located at 3210 East 10th Street f in Bloomington, Indiana, as the ‘‘Francis X. McClos- key Post Office Building’’. Signed on December 3, COMMITTEE MEETINGS FOR TUESDAY, 2003. (Public Law 108–151). DECEMBER 9, 2003 S. 117, to authorize the Secretary of Agriculture to sell or exchange certain land in the State of Flor- (Committee meetings are open unless otherwise indicated) ida. Signed on December 3, 2003. (Public Law Senate 108–152). S. 189, to authorize appropriations for nano- Committee on Banking, Housing, and Urban Affairs: to science, nanoengineering, and nanotechnology re- hold hearings to examine the nominations of April H. search. Signed on December 3, 2003. (Public Law Foley, of New York, to be First Vice President of the Ex- 108–153). port-Import Bank of the United States, and Joseph Max Cleland, of Georgia, to be a Member of the Board of Di- S. 286, to revise and extend the Birth Defects rectors of the Export-Import Bank of the United States, Prevention Act of 1998. Signed on December 3, 9:30 a.m., SD–538. 2003. (Public Law 108–154). Committee on Governmental Affairs: Subcommittee on S. 650, to amend the Federal Food, Drug, and Oversight of Government Management, the Federal Cosmetic Act to authorize the Food and Drug Ad- Workforce, and the District of Columbia, to hold hear- ministration to require certain research into drugs ings to examine the impact of shifting global economic used in pediatric patients. Signed on December 3, forces on the federal government’s ability to negotiate, 2003. (Public Law 108–155). monitor and enforce trade agreements, 10 a.m., SD–342. S. 1685, to extend and expand the basic pilot pro- gram for employment eligibility verification. Signed House on December 3, 2003. (Public Law 108–156). No committee meetings are scheduled.

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Re´sume´ of Congressional Activity

FIRST SESSION OF THE ONE HUNDRED EIGHTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 7 through November 30, 2003 January 7 through November 30, 2003

Senate House Total Civilian Nominations, totaling 588, disposed of as follows: Days in session ...... 166 132 . . Confirmed ...... 326 Time in session ...... 1,444 hrs., 32′ 1,003 hrs., 59′ .. Unconfirmed ...... 250 Congressional Record: Withdrawn ...... 12 Pages of proceedings ...... 16,080 12,746 . . Extensions of Remarks ...... 2,465 . . Public bills enacted into law ...... 49 110 159 Other Civilian Nominations, totaling 2,578, disposed of as follows: Private bills enacted into law ...... Confirmed ...... 2,573 Bills in conference ...... 22 8 . . Unconfirmed ...... 5 Measures passed, total ...... 575 664 1,239 Senate bills ...... 179 55 . . House bills ...... 131 285 . . Air Force Nominations, totaling 9,066, disposed of as follows: Senate joint resolutions ...... 5 3 . . Confirmed ...... 5,494 House joint resolutions ...... 14 19 . . Unconfirmed ...... 3,572 Senate concurrent resolutions ...... 37 8 . . House concurrent resolutions ...... 32 76 . . Army Nominations, totaling 6,012, disposed of as follows: Simple resolutions ...... 177 218 . . Measures reported, total ...... 349 371 720 Confirmed ...... 5,416 Senate bills ...... 237 11 . . Unconfirmed ...... 596 House bills ...... 46 230 . . Senate joint resolutions ...... 4 1 . . Navy Nominations, totaling 7,752, disposed of as follows: House joint resolutions ...... 3 . . Senate concurrent resolutions ...... 10 . . . . Confirmed ...... 5,308 House concurrent resolutions ...... 1 9 . . Unconfirmed ...... 2,444 Simple resolutions ...... 51 117 . . Special reports ...... 18 6 . . Marine Corps Nominations, totaling 2,413, disposed of as follows: Conference reports ...... 3 24 . . Measures pending on calendar ...... 156 77 . . Confirmed ...... 2,411 Measures introduced, total ...... 2,368 4,547 6,915 Unconfirmed ...... 2 Bills ...... 1,978 3,650 . . Joint resolutions ...... 26 81 . . Summary Concurrent resolutions ...... 86 344 . . Simple resolutions ...... 278 472 . . Total Nominations carried over from the First Session ...... 0 Quorum calls ...... 3 2 . . Total Nominations Received this Session ...... 28,409 Yea-and-nay votes ...... 459 413 . . Total Confirmed ...... 21,528 Recorded votes ...... 256 . . Total Unconfirmed ...... 6,869 Bills vetoed ...... Total Withdrawn ...... 12 Vetoes overridden ...... Total Returned to the White House ...... 0

* These figures include all measures reported, even if there was no accom- panying report. A total of 215 reports have been filed in the Senate, a total of 401 reports have been filed in the House.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Tuesday, December 9 Tuesday, January 20, 2004

Senate Chamber House Chamber Program for Tuesday: Senate will be in a period of Program for Tuesday, January 20th 2004: Convening morning business. Also, Senate may consider the con- of the second session of the 108th Congress. ference report to accompany H.R. 2673, Omnibus Appro- priations Act; and any other cleared legislative and execu- tive business.

Extensions of Remarks, as inserted in this issue

HOUSE Fattah, Chaka, Pa., E2474 Pitts, Joseph R., Pa., E2474 Graves, Sam, Mo., E2469, E2477, E2478, E2479 Pomeroy, Earl, N.D., E2481 Baldwin, Tammy, Wisc., E2480 Hall, Ralph M., Tex., E2482 Rogers, Mike, Ala., E2482 Beauprez, Bob, Colo., E2468, E2470 Hastert, J. Dennis, Ill., E2467 Ross, Mike, Ark., E2478, E2479 Bilirakis, Michael, Fla., E2475 Hensarling, Jeb, Tex., E2467, E2469, E2470 Ruppersberger, C.A. Dutch, Md., E2468, E2470 Blackburn, Marsha, Tenn., E2482 Hoyer, Steny H., Md., E2467, E2470 Schakowsky, Janice D., Ill., E2476 Bradley, Jeb, N.H., E2471 Israel, Steve, N.Y., E2474 Schiff, Adam B., Calif., E2473 Calvert, Ken, Calif., E2477 Jones, Stephanie Tubbs, Ohio, E2478, E2479 Shimkus, John, Ill., E2473 Cantor, Eric, Va., E2483 Lipinski, William O., Ill., E2480 Smith, Christopher H., N.J., E2474 Costello, Jerry F., Ill., E2475 Moran, James P., Va., E2472 Smith, Lamar S., Tex., E2471 Cramer, Robert E. (Bud), Jr., Ala., E2475 Otter, C.L. ‘‘Butch’’, Idaho, E2477 Souder, Mark E., Ind., E2471, E2483 Davis, Artur, Ala., E2480 Pelosi, Nancy, Calif., E2467, E2469 Farr, Sam, Calif., E2475, E2478, E2479, E2480 Pickering, Charles W. ‘‘Chip’’, Miss., E2478, E2479

N O T I C E Effective January 1, 2004, the subscription price of the Congressional Record will be $503 per year or $252 for six months. Individual issues may be purchased at the following costs: Less than 200 pages, $10.50; Between 200 and 400 pages, $21.00; Greater than 400 pages, $31.50. Subscriptions in microfiche format will be $146 per year with single copies priced at $3.00. This price increase is necessary based upon the cost of printing and distribution.

BRUCE R. JAMES, Public Printer.

E PL UR UM IB N U U S The Congressional Record (USPS 087–390). The Periodicals postage is paid at Washington, D.C. The public proceedings of each House Congressional Record of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available through GPO Access at www.gpo.gov/gpoaccess. Customers can also access this information with WAIS client software, via telnet at swais.access.gpo.gov, or dial-in using communications software and a modem at (202) 512–1661. Questions or comments regarding this database or GPO Access can be directed to the GPO Access User Support Team at: E-Mail: [email protected]; Phone 1–888–293–6498 (toll-free), 202–512–1530 (D.C. area); Fax: 202–512–1262. The Team’s hours of availability are Monday through Friday, 7:00 a.m. to 5:30 p.m., Eastern Standard Time, except Federal holidays. ¶ The Congressional Record paper and 24x microfiche will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $217.00 for six months, $434.00 per year, or purchased for $6.00 per issue, payable in advance; microfiche edition, $141.00 per year, or purchased for $1.50 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954, or phone orders to (866) 512–1800 (toll free), (202) 512–1800 (D.C. Area), or fax to (202) 512–2250. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record. POSTMASTER: Send address changes to the Superintendent of Documents, Congressional Record, U.S. Government Printing Office, Washington, D.C. 20402, along with the entire mailing label from the last issue received.

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